440.08   OCCUPYING TRAVEL TRAILER OR MANUFACTURED HOME WHILE IN MOTION; RIDING IN CARGO STORAGE AREA OR ON TAILGATE.
   (a)   No person shall occupy any travel trailer or manufactured or mobile home while it is being used as a conveyance upon a street or highway.
   (b)   Except as otherwise provided in this division, whoever violates division (a) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.701)
   (c)   No driver of a truck, trailer or semitrailer shall knowingly permit any person who has not attained the age of 16 years to ride in the unenclosed or unroofed cargo storage area of his or her vehicle if the vehicle is traveling faster than 25 miles per hour, unless either of the following applies:
      (1)   The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with Federal standards for an occupant restraining device, as defined in Ohio R.C. 4513.263(A)(2), the seat and seat safety belt were installed at the time the vehicle was originally assembled, and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt.
      (2)   An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer or semitrailer.
   (d)   No driver of a truck, trailer or semitrailer shall permit any person, except workers performing specialized highway or street maintenance or construction under authority of a public agency, to ride in the cargo storage area or on a tailgate of his or her vehicle while the tailgate is unlatched.
(ORC 4511.51)  (Ord. 89-162.  Passed 10-25-89.)