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Cleveland, OH Code of Ordinances
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 449.04 Prohibited Acts
   (a)   The applicable provisions of this Traffic Code and RC Chapters 4511 and 4549 shall be applied to the operation of snowmobiles, off-highway motorcycles, and all-purpose vehicles, except that no person shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle as follows:
      (1)   On any state highway, including a limited access highway or freeway or the right-of-way thereof, except for emergency travel during such time and in such manner as the Director of Public Safety shall designate;
      (2)   On any private property, or in any nursery or planting area, without having in his possession the written permission of the owner or other person having the right to possession of the property;
      (3)   On any land or waters controlled by the state, except at those locations where a sign has been posted permitting such operation;
      (4)   On the tracks or right-of-way of any operating railroad;
      (5)   While transporting any firearm, bow, or other implement for hunting, that is not unloaded and securely encased;
      (6)   For the purpose of chasing, pursuing, capturing, or killing any animal or wildfowl;
      (7)   During the time from 8:00 p.m. to 7:00 a.m., unless displaying lighted lights as required by RC 4519.20;
      (8)   On any street or sidewalk of the City;
      (9)   On any property owned or leased by the City except in areas designated for such purposes;
      (10)   On any restricted public property. As used in this subsection, “restricted public property” means any public property other than street right-of-way and streets or highways, or private property used by the public for purposes of vehicular travel or parking.
   (b)   Whoever violates this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) on a first offense. On a second offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. On a third or subsequent offense, whoever violates this section is guilty of a misdemeanor of the third degree.
(RC 4519.40; Ord. No. 726-17. Passed 10-16-17, eff. 10-20-17)
§ 449.05 Operation of a Mini-Truck
   (a)   Except as provided in this section and RC 4511.215, no person shall operate a mini-truck within the City.
   (b)   A person may operate a mini-truck on a farm for agricultural purposes only when the owner of the farm qualifies for the current agricultural use valuation tax credit. A mini-truck may be operated by or on behalf of such a farm owner on public roads and rights-of-way only when traveling from one farm field to another.
   (c)   A person may operate a mini-truck on property owned or leased by a dealer who sells mini- trucks at retail.
   (d)   Whoever violates division (a) of this section is guilty of a minor misdemeanor. If within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree. If within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(RC 4519.401; Ord. No. 726-17. Passed 10-16-17, eff. 10-20-17)
§ 449.06 Permitted Operations
   Snowmobiles, off-highway motorcycles, and all-purpose vehicles may be operated as follows:
   (a)   To make a crossing of a highway, other than a highway as designated in division (A)(1) of RC 4519.40, whenever the crossing can be made in safety and will not interfere with the movement of vehicular traffic approaching from any direction on the highway, and provided that the operator yields the right-of-way to any approaching traffic that presents an immediate hazard;
   (b)   On highways in the county or township road systems whenever the local authority having jurisdiction over such highways so permits;
   (c)   Off and alongside a street or highway for limited distances from the point of unloading from a conveyance to the point at which the snowmobile, off-highway motorcycle, or all-purpose vehicle is intended and authorized to be operated;
   (d)   On the berm or shoulder of a highway, other than a highway as designated in division (A)(1) of RC 4519.40, when the terrain permits such operation to be undertaken safely and without the necessity of entering any traffic lane.
(RC 4519.41; Ord. No. 726-17. Passed 10-16-17, eff. 10-20-17)
§ 449.07 Driver’s License Required
   (a)   No person who does not hold a valid, current motor vehicle driver’s or commercial driver’s license, motorcycle operator’s endorsement, or probationary license, issued under RC Chapters 4506 or 4507, or a valid, current driver’s license issued by another jurisdiction, shall operate a snowmobile, off- highway motorcycle, or all-purpose vehicle on any street or highway in this City, on any portion of the right-of-way thereof, or on any public land or waters. Notwithstanding the license requirements under this division (a), the City may permit operation of a snowmobile, off-highway motorcycle, or all-purpose vehicle on City property designated for recreational use of such vehicles.
   (b)   No person who is less than sixteen (16) years of age shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle on any land or waters other than private property or waters owned by or leased to the person’s parent or guardian, unless accompanied by another person who is eighteen (18) years of age, or older, and who holds a license as provided in division (A) of this section, except as follows:
      (1)   The Ohio Department of Natural Resources may permit such operation on state controlled land under its jurisdiction when such person is less than sixteen (16) years of age and is accompanied by a parent or guardian who is a licensed driver eighteen (18) years of age or older.
      (2)   The City may permit such operation on City property designated for recreational use of such vehicles, under rules and regulations governing such property, when a person is less than sixteen (16) years of age and is accompanied by a parent or guardian.
   (c)   Whoever violates this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), imprisoned not less than three (3) nor more than thirty (30) days, or both.
(RC 4519.44; Ord. No. 726-17. Passed 10-16-17, eff. 10-20-17)
§ 449.08 Dealer to Maintain Vehicles
   (a)   Any dealer who rents, leases, or otherwise furnishes a snowmobile, off-highway motorcycle, or all-purpose vehicle for hire shall maintain the vehicle in safe operating condition. No dealer, or agent or employee of a dealer, shall rent, lease, or otherwise furnish a snowmobile, off-highway motorcycle, or all-purpose vehicle for hire to any person who does not hold a license as required by division (a) of Section 449.07. This section shall not apply to any dealer located on City property designated for the recreational use of snowmobiles, off-highway motorcycles, or all-purpose vehicles.
   (b)   No dealer, or agent or employee of a dealer shall rent, lease or otherwise furnish a snowmobile, off-highway motorcycle, or all-purpose vehicle for hire to any person whom the dealer or an agent or employee of the dealer has reasonable cause to believe is incompetent to operate the vehicle in a safe and lawful manner.
   (c)   Whoever violates this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(RC 4519.45; Ord. No. 726-17. Passed 10-16-17, eff. 10-20-17)
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