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440.05  TOWING REQUIREMENTS; EXCEPTION TO SIZE AND WEIGHT RESTRICTIONS.
   (a)   (1)   When one vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all the weight towed thereby, and the drawbar or other connection shall not exceed 15 feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery, or other objects of structural nature which cannot readily be dismembered.
      (2)   When one vehicle is towing another and the connection consists only of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than 12 inches square.
      (3)   In addition to such drawbar or other connection, each trailer and each semitrailer which is not connected to a commercial tractor by means of a fifth wheel shall be coupled with stay chains or cables to the vehicle by which it is being drawn.  These chains or cables shall be of sufficient size and strength to prevent the towed vehicle's parting from the drawing vehicle in case the drawbar or other connection should break or become disengaged.  In case of a loaded pole trailer, the connecting pole to the drawing vehicle shall be coupled to the drawing vehicle with stay chains or cables of sufficient size and strength to prevent the towed vehicle's parting from the drawing vehicle.
      (4)   Every trailer or semitrailer, except pole and cable trailers and pole and cable dollies operated by a public utility as defined in Ohio R.C. 5727.01, shall be equipped with a coupling device which shall be so designed and constructed that the trailer will follow substantially in the path of the vehicle drawing it, without whipping or swerving from side to side.  Vehicles used to transport agricultural produce or agricultural production materials between a local place of storage and supply and the farm, when drawn or towed on a street or highway at a speed of 25 miles per hour or less, and vehicles designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of 25 miles per hour or less, shall have a drawbar or other connection, including the hitch mounted on the towing vehicle, which shall be of sufficient strength to pull all the weight towed thereby.  Only one such vehicle used to transport agricultural produce or agricultural production materials as provided in this section may be towed or drawn at one time except as follows:
         A.   An agricultural tractor may tow or draw more than one such vehicle;
         B.   A pickup truck or straight truck designed by the manufacturer to carry a load of not less than one-half ton and not more than two tons may tow or draw not more than two such vehicles that are being used to transport agricultural produce from the farm to a local place of storage.  No vehicle being so towed by such a pickup truck or straight truck shall be considered to be a motor vehicle.
(ORC 4513.32)
   (b)   Except as provided in Section 408.01(b) and (c), whoever violates this section is guilty of a minor misdemeanor.
   (c)   Exception to Size and Weight Restrictions.
      (1)   The size and weight provisions of this chapter and R.C. Chapter 5577 do not apply to any of the following:
         A.   A person who is engaged in the initial towing or removal of a wrecked or disabled motor vehicle from the site of an emergency on a public highway where the vehicle became wrecked or disabled to the nearest site where the vehicle can be brought into conformance with the requirements of this chapter and R.C. Chapter 5577, to the nearest storage facility, or to the nearest qualified repair facility;
         B.   A person who is en route to the site of an emergency on a public highway to remove a wrecked or disabled motor vehicle;
         C.   A person who is returning from delivering a wrecked or disabled motor vehicle to a site, storage facility, or repair facility as specified in division (c)(1)A. of this section.
      (2)   Any subsequent towing of a wrecked or disabled vehicle shall comply with the size and weight provisions of this chapter and R.C. Chapter 5577.
      (3)   No court shall impose any penalty prescribed in R.C. § 5577.99 or the civil liability established in R.C. § 5577.12 upon a person who is operating a vehicle in the manner described in division (c)(1) of this section.
(ORC 5577.15)
440.06  LOADS DROPPING OR LEAKING; TRACKING MUD; REMOVAL REQUIRED.
   (a)   (1)   No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded, or covered as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand or other substances may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway.
      (2)   Except for a farm vehicle used to transport agricultural produce or agricultural production materials or a rubbish vehicle in the process of acquiring its load, no vehicle loaded with garbage, swill, cans, bottles, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste, or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any highway unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the highway.
(ORC 4513.31)
   (b)   Except as provided in Section 408.01(b) and (c), whoever violates division (a) of this section is guilty of a minor misdemeanor.
   (c)   No person shall operate any vehicle so as to track mud on any public way or place.
   (d)   It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud or permits the load or any portion thereof to be dropped or deposited upon any public way or place to immediately remove the same or cause it to be removed.
440.065  COSTS FOR CLEAN-UP OF SPILLS.
   (a)   Definitions.  Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.  As used in this section:
      (1)   "Common carrier by motor vehicle" has the same meaning as in Ohio R.C. 4919.75(E) or 4921.02(A), as appropriate.
      (2)   "Contract carrier by motor vehicle" has the same meaning as in Ohio R.C. 4919.75(F) or 4923.02(A), as appropriate.
      (3)   "Motor vehicle"  means any automobile, automobile truck, tractor, trailer, semitrailer, motor bus or other self-propelled vehicle not operated or driven on fixed tracks.
      (4)   "Private motor carrier" has the same meaning as in Ohio R.C. 4923.02(A).
      (5)   "Railroad" has the same meaning as in Ohio R.C. 4923.02(A).
   (b)   General Provisions.
      (1)   A.   Any person responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment within the City is liable to the City for the costs incurred by the City for investigating, mitigating, minimizing, removing or abating any such unauthorized spill, release or discharge of material that requires emergency action to protect the public health or the safety of the environment. The City shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge. Promptly after the completion of such measures, the costs thereof shall be certified to the City Solicitor, and the City shall request that the City Solicitor bring a civil action for the recovery of such costs against the person responsible for the unauthorized spill, release or discharge, except as provided in division (b)(2) of this section.
         B.   Not less than thirty days before bringing the civil action, the City Solicitor shall submit a written, itemized claim for the total certified costs incurred by the City for the emergency action to one responsible party, except as provided in division (b)(2) of this section, and a written notice that unless the amount is paid to the City within thirty days after the date of mailing of the claim and notice, the City Solicitor will bring a civil action for that amount. Moneys recovered under this section shall be credited to the appropriate funds of the City from which moneys were expended in performing the emergency action.
      (2)   A.   If an unauthorized spill, release or discharge occurs from a motor vehicle or train being operated by or on behalf of a common carrier by motor vehicle, a contract carrier by motor vehicle, a private motor carrier or a railroad, a claim or civil action under division (b)(1) of this section shall be submitted to or brought against the same, as appropriate, and the costs of the emergency action shall be recovered from the motor carrier or railroad, regardless of whether or not the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release or discharge to occur.
         B.   This division shall not be construed to impute negligence to a common or contract carrier by motor vehicle, a private motor carrier or a railroad against which this section authorizes a recovery of costs. A common or contract carrier by motor vehicle, private motor carrier or railroad that pays to the City, pursuant to a claim submitted or civil action brought under division (b)(1) of this section, the costs incurred by the City for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge, may bring a civil action against the party that it alleges actually caused or allowed the unauthorized spill, release or discharge to occur to recover the amount of money so paid to the City.
(Ord. 2152. Passed 6-8-87.)
   (c)   Determination of Costs.  Costs incurred for investigating, mitigating, minimizing, removing or abating an unauthorized spill, release or discharge shall be based upon the following:
      (1)   Vehicle per-hour costs shall be as follows:
         A.   The per-hour cost for fire vehicles shall be as follows:
            Vehicle   Cost/hr.
            Ladder      $200.00
            Engine      100.00
            Rescue      75.00
            Medic      50.00
            Squad      50.00
         B.   The per-hour cost for each of the following supply vehicles shall be seventy-five dollars ($75.00):
            1.   Air
            2.   Foam
            3.   Decon
            4.   Entry
            5.   Haz-mat
            6.   Diking
         C.   The per-hour cost for each of the following staff vehicles shall be ten dollars ($10.00):
            1.   Chief
            2.   Prevention
            3.   Other staff
            4.   Police
         D.   The per-hour cost for each of the following special vehicles shall be one hundred dollars ($100.00):
            1.   Field Command
            2.   Ema-van
            3.   Health-van
            4.   Light plant
            5.   Heated decon shower
         E.   The per-hour cost for each of the following service vehicles shall be as follows:
            Vehicle         Cost/hr.
            Dump truck         $75.00
            Loader            100.00
            Back hoe         100.00
            Other heavy equipment   100.00
      (2)   The cost for any and all repairs or the actual replacement of any equipment damaged or destroyed shall be billed to the person responsible for causing or allowing an unauthorized spill, release or discharge provided in division (b) of this section.
      (3)   Personnel costs, including benefits, shall also be charged to the person responsible for causing or allowing an unauthorized spill, release or discharge, as provided in division (b) of this section.  The cost of overtime personnel shall also be charged, plus an administrative charge of ten percent of the total costs.
(Ord. 2342.  Passed 10-12-92.)
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