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Montgomery Overview
Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
CHAPTER 70: GENERAL PROVISIONS
CHAPTER 71: LICENSING PROVISIONS
CHAPTER 72: TRAFFIC RULES
CHAPTER 73: MOTOR VEHICLE CRIMES
CHAPTER 74: EQUIPMENT AND LOADS
EQUIPMENT
§ 74.01 UNSAFE VEHICLES, PROHIBITION AGAINST OPERATION.
§ 74.02 BUMPERS ON MOTOR VEHICLES.
§ 74.03 LIGHTED LIGHTS REQUIRED.
§ 74.04 HEADLIGHTS.
§ 74.05 TAIL LIGHTS AND ILLUMINATION OF REAR LICENSE PLATE.
§ 74.06 RED REFLECTORS REQUIRED.
§ 74.07 SAFETY LIGHTING OF COMMERCIAL VEHICLES.
§ 74.08 STOPLIGHT REGULATIONS.
§ 74.09 OBSCURED LIGHTS ON VEHICLES.
§ 74.10 RED LIGHT OR FLAG REQUIRED.
§ 74.11 LIGHTS ON PARKED VEHICLES.
§ 74.12 LIGHTS, EMBLEMS, AND REFLECTORS ON SLOW-MOVING VEHICLES, FARM MACHINERY, AGRICULTURAL TRACTORS, AND ANIMAL-DRAWN VEHICLES.
§ 74.13 SPOTLIGHT AND AUXILIARY DRIVING LIGHTS.
§ 74.14 COWL, FENDER, AND BACK-UP LIGHTS.
§ 74.15 TWO LIGHTS DISPLAYED.
§ 74.16 HEADLIGHTS REQUIRED.
§ 74.17 LIGHTS OF LESS INTENSITY.
§ 74.18 NUMBER OF LIGHTS PERMITTED; RED AND FLASHING LIGHTS.
§ 74.19 STANDARDS FOR LIGHTS ON SNOW REMOVAL EQUIPMENT AND OVERSIZE VEHICLES.
§ 74.20 FLASHING LIGHTS PERMITTED FOR CERTAIN TYPES OF VEHICLES.
§ 74.21 LIGHTS AND SIGN ON TRANSPORTATION FOR PRESCHOOL CHILDREN.
§ 74.22 FOCUS AND AIM OF HEADLIGHTS.
§ 74.23 BRAKE EQUIPMENT; SPECIFICATIONS.
§ 74.24 BRAKE FLUID.
§ 74.25 MINIMUM STANDARDS FOR BRAKES AND COMPONENTS.
§ 74.26 HORNS, SIRENS, AND WARNING DEVICES.
§ 74.27 MUFFLERS; EXCESSIVE SMOKE OR GAS.
§ 74.28 REARVIEW MIRRORS.
§ 74.29 WINDSHIELDS AND WIPERS.
§ 74.30 SOLID TIRE REQUIREMENTS.
§ 74.31 REQUIREMENTS FOR SAFETY GLASS IN MOTOR VEHICLES; USE OF TINTED GLASS OR REFLECTORIZED MATERIAL.
§ 74.32 DIRECTIONAL SIGNALS.
§ 74.33 INSTALLATION AND SALE OF SEAT SAFETY BELTS REQUIRED; DEFINITION.
§ 74.34 REQUIREMENTS FOR EXTRA SIGNAL EQUIPMENT.
§ 74.35 DISPLAY OF WARNING DEVICES ON DISABLED VEHICLES.
§ 74.36 REQUIREMENTS FOR VEHICLES TRANSPORTING EXPLOSIVES.
§ 74.37 STUDDED TIRES; SEASONAL USE PERMITTED.
§ 74.38 AIR BAGS.
§ 74.39 SAFETY INSPECTION DECALS FOR BUSES.
LOADS
COMMERCIAL, HEAVY AND PUBLIC VEHICLES
CHAPTER 75: BICYCLES, MOTORCYCLES, AND OTHER VEHICLES
CHAPTER 76: PARKING REGULATIONS
CHAPTER 77: PARADES
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 74.37 STUDDED TIRES; SEASONAL USE PERMITTED.
   (A)   For the purposes of this section, STUDDED TIRE means any tire designed for use on a vehicle and equipped with metal studs or studs of wear-resisting material that project beyond the tread of the traction surface of the tire.
   (B)   (1)   Except as provided in division (B)(2) of this section, no person shall operate any motor vehicle other than a public safety vehicle or school bus that is equipped with studded tires on any street or highway in this municipality, except during the period extending from the first day of November of each year through the fifteenth day of April of the succeeding year.
      (2)   A person may operate a motor vehicle that is equipped with retractable studded tires with the studs retracted at any time of the year, but shall operate the motor vehicle with the studs extended only as provided in division (B)(1) of this section.
   (C)   This section does not apply to the use of tire chains when there is snow or ice on the streets or highways where such chains are being used, or the immediate vicinity thereof.
(R.C. § 5589.081)
   (D)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 5589.99(B))
§ 74.38 AIR BAGS.
   (A)   As used in this section:
      AIR BAG. Has the same meaning as in 49 C.F.R. § 579.4, as amended.
      COUNTERFEIT AIR BAG. An air bag displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer, without the authorization of the motor vehicle manufacturer.
      NONFUNCTIONAL AIR BAG. Any of the following:
         (a)   A replacement air bag that has been previously deployed or damaged;
         (b)   A replacement air bag that has an electrical fault that is detected by the air bag diagnostic system of a vehicle after the air bag is installed;
         (c)   A counterfeit air bag, air bag cover, or some other object that is installed in a vehicle to deceive an owner or operator of the vehicle into believing that a functional air bag has been installed.
   (B)   No person shall install or reinstall in any motor vehicle a counterfeit or nonfunctional air bag or any object intended to fulfill the function of an air bag other than an air bag that was designed in conformance with or that is regulated by Federal Motor Vehicle Safety Standard Number 208 for the make, model, and model year of the vehicle, knowing that the object is not in accordance with that standard.
   (C)   No person shall knowingly manufacture, import, sell, or offer for sale any of the following:
      (1)   A counterfeit air bag;
      (2)   A nonfunctional air bag;
      (3)   Any other object that is intended to be installed in a motor vehicle to fulfill the function of an air bag and that is not in conformance with Federal Motor Vehicle Safety Standard Number 208 for the make, model, and model year of the vehicle in which the object is intended to be installed.
   (D)   No person shall knowingly sell, install, or reinstall a device in a motor vehicle that causes the diagnostic system of a vehicle to inaccurately indicate that the vehicle is equipped with a functional air bag.
   (E)   (1)   Whoever violates division (B) or (D) of this section is guilty of improper replacement of a motor vehicle air bag, a misdemeanor of the first degree on a first offense. On each subsequent offense, or if the violation results in serious physical harm to an individual, the person is guilty of a felony to be prosecuted under appropriate state law.
      (2)   A violation of division (C) of this section is a felony to be prosecuted under appropriate state law.
      (3)   Each manufacture, importation, installation, reinstallation, sale, or offer for sale in violation of this section shall constitute a separate and distinct violation.
(R.C. § 4549.20)
§ 74.39 SAFETY INSPECTION DECALS FOR BUSES.
   (A)   Definitions. As used in this section:
      BUS.
         (a)   Means any vehicle used for the transportation of passengers that meets at least one of the following:
            1.   Was originally designed by the manufacturer to transport more than 15 passengers, including the driver;
            2.   Either the gross vehicle weight rating or the gross vehicle weight exceeds 10,000 pounds.
         (b)   The term does not include a church bus as defined in R.C. § 4503.07 or a school bus unless the church bus or school bus is used in the transportation of passengers by a motor carrier.
         (c)   The term also does not include any of the following:
            1.   Any vehicle operated exclusively on a rail or rails;
            2.   A trolley bus operated by electric power derived from a fixed overhead wire furnishing local passenger transportation similar to street-railway service;
            3.   Vehicles owned or leased by government agencies or political subdivisions.
      MOTOR CARRIER. Has the same meaning as in R.C. § 4923.01.
(R.C. § 4513.50)
   (B)   Safety inspection decals.
      (1)   Except as provided in division (B)(2) of this section, on and after July 1, 2001, no person shall operate a bus, nor shall any person being the owner of a bus or having supervisory responsibility for a bus, permit the operation of any bus unless the bus displays a valid, current safety inspection decal issued by the State Highway Patrol under R.C. § 4513.52.
      (2)   For the purpose of complying with the requirements of this section and R.C. § 4513.52, the owner or other operator of a bus may drive the bus directly to an inspection site conducted by the State Highway Patrol and directly back to the person’s place of business without a valid registration and without displaying a safety inspection decal, provided that no passengers may occupy the bus during such operation.
(R.C. § 4513.51(A), (B))
   (C)   Whoever violates division (B)(1) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4513.51(D))
LOADS
§ 74.40 PERMIT REQUIRED TO EXCEED LOAD LIMITS.
   (A)   No person shall operate or move a vehicle or combination of vehicles of a size or weight or containing a load exceeding the maximums specified in R.C. §§ 5577.01 to 5577.09, inclusive, or otherwise not in conformity with R.C. §§ 4513.01 to 4513.37, inclusive, upon any improved public highways, streets, bridges or culverts of any state route, expressway or freeway within the municipality, except pursuant to special written permit issued by the Ohio Director of Transportation, or upon any truck route. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer for purposes of enforcement.
   (B)   No holder of a permit issued by the Ohio Department of Transportation shall be required to obtain any local permit or license, or pay any local fee or charge, for movement on any state route within the municipality; however, it shall be unlawful to operate any such vehicle or combination of vehicles upon any improved public highways, streets, bridges or culverts within the city which is not a state route.
(Ord. 2-1998, passed 2-4-98) Penalty, see § 70.99
Statutory reference:
   Special permits for vehicles, fees, see R.C. § 4513.34
   Oversized vehicles, state permit regulations, see O.A.C. Chapter 5501:2-1
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