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(a) the Ohio Director of Public Safety, in accordance with RC Chapter 119, shall adopt rules governing the use of tinted glass, and the use of transparent, nontransparent, translucent, and reflectorized materials in or on motor vehicle windshields, side windows, sidewings, and rear windows that prevent a person of normal vision looking into the motor vehicle from seeing or identifying persons or objects inside the motor vehicle.
(b) The rules adopted under this section may provide for persons who meet either of the following qualifications:
(1) On November 11, 1994, or the effective date of any rule adopted under this section, own a motor vehicle that does not conform to the requirements of this section or of any rule adopted under this section;
(2) Establish residency in this state and are required to register a motor vehicle that does not conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(c) No person shall operate, on any highway or other public or private property open to the public for vehicular travel or parking, lease or rent any motor vehicle that is registered in this state unless the motor vehicle conforms to the requirements of RC 4513.241 and of any applicable rule adopted under that section.
(d) No person shall install in or on any motor vehicle any glass or other material that fails to conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(e) (1) No used motor vehicle dealer or new motor vehicle dealer, as defined in RC 4517.01, shall sell any motor vehicle that fails to conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(2) No manufacturer, remanufacturer, or distributor, as defined in RC 4517.01, shall provide to a motor vehicle dealer licensed under RC Chapter 4517 or to any other person, a motor vehicle that fails to conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(f) No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings, or rear window.
(g) This section does not apply to the manufacturer’s tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by Federal Motor Vehicle Safety Standard No. 205.
(h) With regard to any side window behind a driver’s seat or any rear window other than any window on an emergency door, this section does not apply to any school bus used to transport a child with disabilities pursuant to RC Chapter 3323, whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by a school district. As used in this division, “child with disabilities” has the same meaning as in RC 3323.01.
(i) This section does not apply to any school bus that is to be sold and operated outside this state.
(j) (1) This section and the rules adopted under it do not apply to a motor vehicle used by a law enforcement agency under either of the following circumstances:
A. The vehicle does not have distinctive markings of a law enforcement vehicle but is operated by or on behalf of the law enforcement agency in an authorized investigation or other activity requiring that the presence and identity of the vehicle occupants be undisclosed.
B. The vehicle primarily is used by the law enforcement canine unit for transporting a police dog.
(2) As used in this division, “law enforcement agency” means a police department, the office of a sheriff, the State Highway Patrol, a county prosecuting attorney, or a federal, state, or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.
(k) (1) Whoever violates division (c), (e)(2) or (f) of this section is guilty of a minor misdemeanor.
(2) Whoever violates division (e)(1) of this section is guilty of a minor misdemeanor if the dealer or the dealer’s agent knew of the nonconformity at the time of sale.
(3) A. Whoever violates division (d) of this section is guilty of a misdemeanor of the fourth degree, except that an organization may not be convicted unless the act of installation was authorized by the board of directors, trustees, partners, or by a high managerial officer acting on behalf of the organization, and installation was performed by an employee of the organization acting within the scope of the person’s employment.
B. In addition to any other penalty imposed under this section, whoever violates division (d) of this section is liable in a civil action to the owner of a motor vehicle on which was installed the nonconforming glass or material for any damages incurred by that person as a result of the installation of the nonconforming glass or material, costs of maintaining the civil action, and attorney fees.
C. In addition to any other penalty imposed under this section, if the offender previously has been convicted of or pleaded guilty to a violation of division (d) of this section and the offender is a motor vehicle repair operator registered under RC Chapter 4775 or a motor vehicle dealer licensed under RC Chapter 4517, whoever violates division (d) of this section is subject to a registration or license suspension, as applicable, for a period of not more than one hundred and eighty (180) days.
(l) (1) Every county court judge, mayor of a mayor’s court, and clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this section. If a person is convicted of or forfeits bail in relation to a violation of division (d) of this section, the county court judge, mayor of a mayor’s court, or clerk, within ten (10) days after the conviction or bail forfeiture, shall prepare and immediately forward to the motor vehicle repair board and the motor vehicle dealers board, an abstract, certified by the preparer to be true and correct, of the court record covering the case in which the person was convicted or forfeited bail.
(2) The motor vehicle repair board and the motor vehicle dealers board each shall keep and maintain all abstracts received under this section. Within ten (10) days after receipt of an abstract, each board, respectively, shall determine whether the person named in the abstract is registered or licensed with the board and, if the person is so registered or licensed, shall proceed in accordance with RC 4775.09 or 4517.33, as applicable, and determine whether the person’s registration or license is to be suspended for a period of not more than one hundred eighty (180) days.
(RC 4513.241; Ord. No. 655-17. Passed 10-16-17, eff. 10-20-17)
(a) Definitions.
(1) “Passenger car” means any motor vehicle with motive power, designed for carrying ten (10) persons or less, except a multipurpose passenger vehicle or motorcycle.
(2) “Multipurpose passenger vehicle” means a motor vehicle with motive power, except a motorcycle, designed to carry ten (10) persons or less, that is constructed either on a truck chassis or with special features for occasional off-road operation.
(3) “Truck” means every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of ten thousand (10,000) pounds or less.
(4) “Manufacturer” has the same meaning as in RC 4501.01.
(5) “Gross vehicle weight rating” means the manufacturer’s gross vehicle weight rating established for the vehicle.
(6) “Body floor height” means the vertical distance between top of the frame rail and the bottom of the passenger compartment (cab) floor. In the event that the vehicle is a truck body floor height will be measured by the vertical distance between the passenger compartment (cab) floor and the floor of the truck bed.
(7) “Bumper height” means the vertical distance between the ground and the highest point of the bottom of the bumper, measured when the vehicle is laden on a level surface with the vehicle tires inflated to the manufacturer’s recommended pressure.
(8) “Frame” means the main longitudinal structural members of the chassis of the vehicle or, for vehicles with unitized body construction, the lowest main longitudinal structural members of the body of the vehicle.
(OAC 4501-43-02)
(b) Prohibitions; Application.
(1) No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State that does not conform to the requirements of this section.
(2) No person shall modify any motor vehicle registered in this State in such a manner as to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation, and no person shall disconnect any part of the original suspension system of the vehicle to defeat the safe operation of that system including the installation of inverted, altered or modified suspension system component parts which results in elevation of the height of the vehicle bumper or frame unit which is not in compliance with this section.
(3) No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State without a bumper on the front and rear of the vehicle if such vehicle was equipped with bumpers as standard equipment by the manufacturer.
(4) No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this state if the difference in height between the body floor and the top of the frame exceeds four (4) inches.
(5) Nothing contained in this section shall be construed to prohibit either of the following:
A. The installation upon a passenger car, multipurpose passenger vehicle or truck registered in this State of heavy duty equipment, including shock absorbers and overload springs as long as such equipment does not cause the vehicle to be in violation of this section;
B. The operation on a street or highway of a passenger car, multipurpose passenger vehicle or truck registered in this State with normal wear to the suspension system if the normal wear does not adversely affect the control of the vehicle.
(6) This section does not apply to any specially designed or modified passenger car, multipurpose passenger vehicle or truck when operated off a street or highway in races and similar events.
(7) A specially designed or modified passenger car, multipurpose passenger vehicle or truck which does not conform to this section shall not be operated on a street or highway.
(OAC 4501-43-03)
(c) Specifications.
(1) The horizontal bumper shall be at least four and one-half (4.5) inches in vertical height, centered on the vehicle’s centerline, and extend no less than the width of the respective wheel track distances. Bumpers shall be horizontal load bearing bumpers and attached to the vehicle frame to effectively transfer impact when engaged.
(2) Maximum bumper heights shall be determined by weight category of gross vehicle weight rating (GVWR) measured in terms of the vertical distance between the ground and the bottom of the frame rail or bumper. Maximum bumper heights are as follows:
Front (inches)
|
Rear (inches)
| |
Passenger Vehicles | 22 | 22 |
4,500 lbs. and under GVWR | 24 | 26 |
4,501 lbs. to 7,500 lbs. GVWR | 27 | 29 |
7,501 lbs. to 10,000 lbs. GVWR | 28 | 31 |
(3) If the body and/or truck bed height is altered the difference in height between the body floor and/or the truck bed floor to the top of the frame rail shall not exceed four (4) inches.
(4) For any vehicle with bumpers or attaching components which have been modified or altered from the original manufacturer’s design in order to conform with the maximum bumper requirements of this section, the bumper height shall be measured from a level surface to the bottom of the vehicle frame rail at the most forward and rearward points of the frame rail.
(5) The height restriction in this division (c) applies to the distance from the ground to the bottom of the frame rail under any one (1) or more of the following conditions:
A. A motor vehicle is not equipped with a front and rear bumper;
B. The bumper height relative to the frame rails has been altered;
C. A supplemental bumper has been installed or an addition to the original or replacement has been made.
(OAC 4501-43-04; Ord. No. 2822-89. Passed 3-19-90, eff. 3-22-90)
(a) No person shall operate a taxicab or public hack, as defined in Section 443.011, a private car service, a ride sharing, vehicle, or any other motor vehicle for hire, as defined in Section 401.30, (collectively "For Hire Vehicle") to transport any individuals unless all individuals contained therein have a facial covering, as defined in Section 602.01.
(b) Division (a) of this section does not apply to any person who is exempted under division (c) of Section 602.02.
(c) Any person who violates division (a) of this section as an operator shall be subject to a civil penalty of twenty-five dollars ($25.00) for each individual passenger failing to wear a facial covering, unless exempted as stated in division (b).
(d) A civil penalty imposed under division (c) of this section may be appealed to the Directors of Public Safety and Public Health ("Directors"), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors' written decision.
(e) Notwithstanding any provision of the law to the contrary, no law enforcement officer shall cause an operator of a for hire vehicle being operated on any street or highway to stop the vehicle for the sole purpose of determining whether a violation of division (a) of this section has been or is being committed or for the sole purpose of issuing a citation for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any for hire vehicle being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(f) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.
(g) This Section 437.30 shall expire upon the termination of the Mayor's Proclamation of Civil Emergency in the City of Cleveland dated March 11, 2020, as amended.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
Whoever violates any provision of this Chapter 437 for which no penalty otherwise is provided in the section violated is guilty of a minor misdemeanor.
(Ord. No. 655-17. Passed 10-16-17, eff. 10-20-17)