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§ 74.60 MOTOR TRANSPORTATION COMPANIES AND MOTOR CARRIERS.
   (A)   Motor transportation companies. In order for a motor transportation company to commence or continue its operations within or through the corporate limits of the city it shall first obtain from the Public Utilities Commission of Ohio a certificate declaring that public convenience and necessity require such operation. No person shall conduct such operations without having first obtained such certificate.
   (B)   Motor carrier registration. No motor carrier shall operate motor vehicles upon any public highway in interstate commerce pursuant to interstate authority until the motor carrier has registered the interstate authority with the Public Utilities Commission of Ohio, has paid the appropriate filing fee as provided under state law, and has issued an acknowledgment by the Commission which shall remain in effect until amended, suspended, cancelled or revoked. The interstate authority shall be registered, and acknowledgments shall be issued in a manner to be prescribed by the Commission.
      (1)   No motor carrier shall operate motor vehicles upon any public highway for the transportation of property for hire in interstate commerce unless it has registered with the Commission and complied with the requirements of state law.
      (2)   Mutual exemptions in the payment of filing fees may be authorized and granted by the Commission under reciprocal agreements with other states.
   (C)   Private motor carriers. No private motor carrier, officer, agent or employee of a private motor carrier, or other corporation, company, association, joint-stock association, person, firm or copartnership shall violate, or procure, aid or abet the violation of R.C. §§ 4923.02 to 4923.17 or fail to comply with any order, decision, rule or regulation of the Public Utilities Commission, or procure, aid or abet any private motor carrier in its failure to comply with such order, decision, rule or regulation. Information of a conviction of a violation of this subdivision shall be reported to the Commission by the Clerk of the Court in which such conviction was obtained or if there is no Clerk, by the presiding officer of the Court. Such report shall be made a part of the records of the Commission relating to such private motor carrier. (R.C. § 4923.17)
   (D)   Motor transportation company violations. No motor transportation company, officer, agent or employee of a motor transportation company, or other corporation, company, association, joint stock association, person, firm or copartnership, shall violate or procure, aid or abet the violation of the R.C. §§ 4921.02 to 4921.32 or fail to comply with any order, decision, rule or regulation of the Public Utilities Commission, or procure, aid or abet any motor transportation company in its failure to comply with such order, decision, rule or regulation. Information of a conviction of a violation of this subsection shall be reported to the Commission by the Clerk of the Court in which such conviction was obtained, or if there is no Clerk, then by presiding officer of the Court. Such report shall be made a part of the records of the Commission relating to such motor transportation company.
(R.C. § 4921.32)
   (E)   Whoever violates any provision of this section is guilty of a misdemeanor of the first degree.
(Ord. 2-1998, passed 2-4-98)
§ 74.61 REDUCTION OF WEIGHT AND SPEED DURING TIMES OF THAWS AND MOISTURE.
   (A)   When thaws or excessive moisture render the improved highways of this city or any sections of them insufficient to bear the traffic thereon, or when such highways would be damaged or destroyed by heavy traffic during the period of thawing or excessive moisture, the maximum weight of vehicle and load, or the maximum speed, or both, for motor vehicles, as prescribed by law shall be reduced in the following manner:
      (1)   On state highways, within the Municipal Corporation, the Director of Transportation or City Manager, or his designee shall prescribe such reduction which shall not be more than 25%;
      (2)   On improved highways and all other roads in the city, other than state highways, the City Manager, or his designee, shall prescribe such reduction as the condition of the road or highway justifies, but in no case shall the reduction be more than 50%.
   (B)   The schedule of the reduction of maximum weights and speeds shall be filed, for the information of the public, in the office of the City Manager, or his designee. The City Manager, or his designee, at least one day before such reduction becomes effective, shall cause to be placed or retained on such highways, at both ends and at the points of intersection by principal roads, during the period of such reduced limitation of weight, speed or both, signs, of substantial construction, which shall conspicuously indicate the limitations of weight and speed, which are allowed on the highway and the date on which such limitations shall go into effect. No person shall operate upon any such highway, a motor vehicle whose maximum weight or speed is in excess of the limitations prescribed.
(R.C. § 5577.07) (Ord. 2-1998, passed 2-4-98)
   (C)   Whoever violates the weight provisions of R.C. §§ 5577.01 to 5577.07 or the weight provisions in regard to highways under R.C. § 5577.04 or their comparable section in this Traffic Code shall be fined $80 for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined $100, and in addition thereto $1 per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined $130 and in addition thereto $2 per 100 pounds of overload, or imprisoned not more than 30 days, or both. For all overloads in excess of 10,000 pounds such person shall be fined $160, and in addition thereto $3 per 100 pounds of overload, or imprisoned not more than 30 days, or both. Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than $100. No penalty prescribed in this division shall be imposed on any vehicle combination if the overload on any axle does not exceed 1,000 pounds, and if the immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this division, two axles on one vehicle less than eight feet apart, shall be considered as one axle.
   (D)   Whoever violates any other provision of R.C. §§ 5577.01 to 5577.09 or their comparable section in this Traffic Code shall be fined not more than $25 for the first offense; for a second offense within one year thereafter, such person shall be fined not less than $10 nor more than $100, or imprisoned not more than ten days, or both; for a subsequent offense within one year after the first offense, such person shall be fined not less than $25 nor more than $200, or imprisoned not more than 30 days, or both.
§ 74.62 CLASSIFICATION OF ROADS.
   (A)   The City Manager, or his designee, shall classify the improved roads within the city limits, except state highways, with reference to the maximum weights and speeds permitted on such roads.
   (B)   The classifications made by the City Manager, or his designee, under this section shall not apply to vehicles of a weight of five tons or less for vehicle and load or 30 feet or less for vehicle length.
   (C)   In making this classification the City Manager, or his designee, shall take into consideration the nature of the roadbed, construction and any other factors which are material in the proper classification of such roads.
   (D)   The City Manager, or his designee, shall make rules and regulations governing the weight of vehicle and load, the length of vehicle and the speed permitted on the several classes of roads.
(R.C. § 5577.08) (Ord. 2-1998, passed 2-4-98)
§ 74.63 RULES AND REGULATIONS.
   (A)   All rules and regulations as provided by § 74.62 shall be kept on file at the Municipal and Safety Center and open for inspection by the public.
   (B)   At least two days before such rules and regulations become effective, the City Manager, or his designee, shall cause to be placed and retained on such improved highways or sections thereof, at both ends and at the points of intersection, signs, of substantial construction, which shall conspicuously indicate the limitations of weight of vehicle and load, length or speed which shall be allowed on such highways.
   (C)   It shall be unlawful to operate upon such highway a vehicle whose maximum weight, length or speed is in excess of the limitations prescribed.
(R.C. § 5577.09) (Ord. 2-1998, passed 2-4-98)
   (D)   Whoever violates the weight provisions of R.C. § 5577.071 or R.C. § 5577.08 or the weight provisions in regard to bridges under R.C. § 5577.09, and whoever exceeds the carrying capacity specified under R.C. § 5591.42, or their comparable section in this Traffic Code, shall be fined $80 for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, the person shall be fined $100, and in addition thereto $1 per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, the person shall be fined $130, and in addition thereto $2 per 100 pounds of overload, or imprisoned not more than 30 days, or both. For all overloads in excess of 10,000 pounds, the person shall be fined $160 and in addition thereto $3 per 100 pounds of overload, or imprisoned not more than 30 days, or both. Notwithstanding any other provision of the Revised Code that specifies a procedure for the distribution of fines, all fines collected pursuant to this section shall be paid into the treasury of the county and credited to any fund for the maintenance and repair of roads, highways, bridges or culverts.
   (E)   Whoever violates any other provision of R.C. §§ 5577.01 to 5577.09 or their comparable section in this Traffic Code shall be fined not more than $25 for the first offense; for a second offense within one year thereafter, such person shall be fined not less than $10 nor more than $100, or imprisoned not more than ten days, or both; for a subsequent offense within one year after the first offense, such person shall be fined not less than $25 nor more than $200, or imprisoned not more than 30 days, or both.
§ 74.64 NOTICE OF ARREST.
   Whenever the driver or operator of any truck, trailer, semitrailer, commercial tractor or any other commercial vehicle used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, has been arrested for a violation of any provision of this Traffic Code, or R.C. §§ 4511.01 to 4511.76, and R.C. §§ 4513.01 to 4513.40, or R.C. §§ 5577.01 to 5577.09, the officer making such arrest shall immediately notify, in writing, the person, firm, association or corporation holding the certificate of public convenience and necessity or permit under which such vehicle is being driven or operated, and in whose name the vehicle is registered with a license by the Bureau of Motor Vehicles, of the fact of such arrest. Such notification shall describe the vehicle involved, the name of the driver or operator thereof, and the time, place and nature of the offense committed. Copies of such notification shall be immediately transmitted by the arresting officer to the Public Utilities Commission and to the Superintendent of the State Highway Patrol.
(R.C. § 5577.14) (Ord. 2-1998, passed 2-4-98)
§ 74.65 FUEL USE PERMIT AND IDENTIFICATION DEVICE.
   A fuel use permit identification device shall be displayed on the commercial car or commercial tractor for which it was issued at all times in the manner as the State of Ohio Tax Commissioner prescribes. The fuel use permits and the identification device shall not be transferable.
(R.C. § 5728.02) (Ord. 2-1998, passed 2-4-98)
§ 74.66 UNLAWFUL OPERATION; TAX COMMISSIONER TO BE NOTIFIED.
   (A)   It is unlawful for any person to operate a commercial car or a commercial tractor that is subject to the tax imposed by R.C. § 5728.06 on a public highway in two or more jurisdictions under either of the following circumstances:
      (1)   Without a fuel use permit or single trip fuel use permit for such commercial car or commercial tractor.
      (2)   With a suspended or surrendered fuel use permit for such commercial car or commercial tractor.
   (B)   The judge or magistrate, finding any person guilty of unlawfully operating a commercial car or commercial tractor as provided for in this section, shall immediately notify the State of Ohio Tax Commissioner of such violation and shall transmit to the him or her the name and the permanent address of the owner of the commercial car or commercial tractor operated in violation of this section, the registration number, the state of registration, and the certificate of title number of the commercial car or commercial tractor. The commercial car or commercial tractor involved in a violation of division (A)(1) or (A)(2) of this section may be detained until a valid fuel use permit is obtained or reinstated.
(R.C. § 5728.04) (Ord. 2-1998, passed 2-4-98)
   (C)   (1)   Whoever violates division (A)(1) of this section is guilty of a misdemeanor of the fourth degree.
      (2)   Whoever violates division (A)(2) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 5728.99(B))
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