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(A) (1) No person shall drive or operate, or cause to be driven or operated, any commercial car, trailer, or semitrailer, used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, upon the public highways, streets, bridges, and culverts within the municipality, unless such vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles to prevent, as far as practicable, the wheels from throwing dirt, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-third of the distance from the center of the rearmost axle to the center of the flaps under any conditions of loading of the vehicle, and they shall be at least as wide as the tires they are protecting.
(2) If the vehicle is so designed and constructed that such requirements are accomplished by means of fenders, body construction, or other means of enclosure, then no such protectors or flaps are required.
(3) Rear wheels not covered at the top by fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means extending at least to the center line of the rearmost axle.
(R.C. § 5577.11)
(B) Whoever violates this section shall be fined not more than $25.
(R.C. § 5577.99(E))
(A) Any person violating any law relating to or regulating the use of the improved public roads shall be liable for all damage resulting to any such street, highway, bridge or culvert by reason of such violation. In case of any injury to such street, highway, bridge or culvert, such damages shall be collected by civil action for recovery of such damages brought by the proper authorities of the municipality.
(B) All damages collected under this section shall be paid into the treasury of the municipality and credited to any fund for the repairs of streets, highways, roads, bridges or culverts.
(R.C. § 5577.12)
(A) As used in this section:
COAL TRUCK. Means a truck transporting coal from the site where it is mined when the truck is operated in accordance with this section.
FARM COMMODITIES. Includes livestock, bulk milk, corn, soybeans, tobacco and wheat.
FARM MACHINERY. Has the same meaning as in R.C. § 4501.01.
FARM TRUCK. Means a truck used in the transportation from a farm of farm commodities when the truck is operated in accordance with this section.
LOG TRUCK. Means a truck used in the transportation of timber from the site of its cutting when the truck is operated in accordance with this section.
SOLID WASTE. Has the same meaning as in R.C. § 3743.01.
SOLID WASTE HAUL VEHICLE. Means a vehicle hauling solid waste for which a bill of lading has not been issued.
(B) (1) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, the following vehicles under the described conditions may exceed by no more than 7.5% the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, shall be imposed:
(a) A coal truck transporting coal, from the place of production to the first point of delivery where title to the coal is transferred;
(b) A farm truck or farm machinery transporting farm commodities, from the place of production to the first point of delivery where the commodities are weighed and title to the commodities is transferred;
(c) A log truck transporting timber, from the site of its cutting to the first point of delivery where the timber is transferred;
(d) A solid waste haul vehicle hauling solid waste, from the place of production to the first point of delivery where the solid waste is disposed of or title to the solid waste is transferred.
(2) In addition, if any of the vehicles listed in division (B)(1) of this section and operated under the conditions described in that division does not exceed by more than 7.5% the gross vehicle weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and does not exceed the wheel or axle-load limits of those sections by more than 7.5%, no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, for a wheel or axle overload shall be imposed.
(C) If any of the vehicles listed in division (B)(1) of this section and operated under the conditions described in that division exceeds the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, by more than the percentage allowance of either divisions (B)(1) or (B)(2) of this section, both of the following apply without regard to the allowance provided by this division (B) of this section:
(1) The applicable penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance;
(2) The civil liability imposed by R.C. § 5577.12, or any substantially equivalent municipal ordinance.
(D) (1) Division (B) of this section does not apply to the operation of a farm truck, log truck, or farm machinery transporting farm commodities during the months of February and March.
(2) Regardless of when the operation occurs, division (B) of this section does not apply to the operation of a vehicle on either of the following:
(a) A highway that is part of the interstate system;
(b) A highway, road, or bridge that is subject to reduced maximum weights under R.C. § 4513.33, 5577.07, 5577.071, 5577.08, 5577.09, or 5591.42, or any substantially equivalent municipal ordinance.
(R.C. § 5577.042)
(E) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, the following vehicles under the described conditions may exceed by no more than 7.5% the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, shall be imposed:
(1) A surface mining truck transporting minerals from the place where the minerals are loaded to any of the following:
(a) The construction site where the minerals are discharged;
(b) The place where title to the minerals is transferred;
(c) The place of processing.
(2) A vehicle transporting hot mix asphalt material from the place where the material is first mixed to the paving site where the material is discharged;
(3) A vehicle transporting concrete from the place where the material is first mixed to the site where the material is discharged;
(4) A vehicle transporting manure, turf, sod, or silage from the site where the material is first produced to the first place of delivery;
(5) A vehicle transporting chips, sawdust, mulch, bark, pulpwood, biomass, or firewood from the site where the product is first produced or harvested to first point where the product is transferred.
(F) In addition, if any of the vehicles listed in division (E) of this section and operated under the conditions described in that division do not exceed by more than 7.5% the gross vehicle weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and do not exceed the wheel or axle-load limits of those sections by more than 7.5%, no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, for a wheel or axle overload shall be imposed.
(G) If any of the vehicles listed in division (E) of this section and operated under the conditions described in that division exceed the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, by more than the percentage allowance of either divisions (E) or (F) of this section, both of the following apply without regard to the allowance provided by division (E) or (F) of this section:
(1) The applicable penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance;
(2) The civil liability imposed by R.C. § 5577.12, or any substantially equivalent municipal ordinance.
(H) Divisions (E) and (F) of this section do not apply to the operation of a vehicle listed in division (E) of this section on either of the following:
(1) A highway that is part of the interstate system;
(2) A highway, road, or bridge that is subject to reduced maximum weights under R.C. § 4513.33, 5577.07, 5577.071, 5577.08, 5577.09, or 5591.42, or any substantially equivalent municipal ordinance.
(R.C. § 5577.043)
(I) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, a vehicle fueled solely by compressed natural gas or liquid natural gas or powered primarily by means of an electric battery may exceed by not more than 2,000 pounds the gross vehicle weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, or the axle load limits of those sections.
(J) If a vehicle described in division (I) of this section exceeds the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, by more than the allowance provided for in division (I) of this section, both of the following apply:
(1) The applicable penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance;
(2) The civil liability imposed by R.C. § 5577.12, or any substantially equivalent municipal ordinance.
(K) Division (I) of this section does not apply to the operation of a vehicle on a highway, road, or bridge that is subject to reduced maximum weights under R.C. § 4513.33, 5577.07, 5577.071, 5577.08, 5577.09, or 5591.42, or any substantially equivalent municipal ordinance.
(R.C. § 5577.044)
(L) Fire engine weight exemptions. As used in this division (L), FIRE ENGINE means a fire engine, fire truck, or other vehicle or apparatus belonging to or used by any municipal, township, or volunteer fire department, while in the discharge of its functions.
(1) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, a person may do both of the following without a written permit issued under R.C. § 4513.34, or any substantially equivalent municipal ordinance:
(a) Operate a two-axle fire engine, with a front axle maximum weight of 24,000 pounds and a rear axle maximum weight of 33,500 pounds and a minimum wheelbase of 15 feet, on all roadways in the state;
(b) Operate a fire engine with a maximum gross vehicle weight of 86,000 pounds on the interstate highway system and within one road mile of an interstate highway system entrance or exit ramp.
(2) Notwithstanding R.C. § 4513.34, or any substantially equivalent municipal ordinance, for any fire engine that requires a permit, the Ohio Director of Transportation or local authority shall do both of the following:
(a) Issue the permit at no cost to the municipal, township, or volunteer fire department;
(b) Issue a permit that expires five years after the date of issuance.
(R.C. § 5577.045)
(A) It shall be unlawful for any person, association, partnership, corporation, or other entity to do any of the following:
(1) Place on any street any firewood, empty boxes or barrels, shavings, bricks, refuse, or building material, or to throw or deposit offal or other offensive matter in any street, or discharge, or permit to be discharged from his or her premises, so much water or other liquids as may put any parts of the streets in bad order, or to obstruct the gutters or sewers with dirt, trash, wood, lumber, brick, or other material; or to obstruct or injure, any way or manner, any pavement, curbing, or improved sidewalk; or to obstruct, or cause or allow to be obstructed, any sidewalk or crossing, or to remove grass, earth, or sand from, or to dig up any street, or to deposit material of any kind on any street without permission of the Mayor or Administrator;
(2) Cause or permit any car or wagon or other vehicle to be so filled or loaded with manure, sand, earth, mud, clay, rubbish, or other substance in such a manner that the contents of the car, wagon, or other vehicle or any part thereof shall fall therefrom or be scattered in or upon the street, highway, alley, or other public place in the village, while in transit over same;
(3) No vehicle shall be driven or moved on any street, highway, or other public place unless such 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 such roadway;
(4) 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, scrap metal, 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 street, highway, or other public place unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the street, highway, or other public place (R.C. § 4513.31); or
(5) Operate any vehicle, off-street or all-season vehicle, so as to track or drop mud, stones, concrete, gravel, debris, or other similar material on any alley, street, highway, parking lot, or other place open to public access.
(B) It shall be unlawful for any person, association, partnership, corporation, or other entity to do any of the following:
(1) Deposit, place, or dump, or permit or authorize the depositing, placing, or dumping, of any snow removed from any private property or village right-of-way, including public sidewalks and private driveways located upon the street right-of-way upon any village street. It shall further be a violation of this section to deposit, place, or dump, or permit or authorize the depositing, placing, or dumping of any snow upon public rights- of-way other than from adjacent sidewalks and driveways;
(2) Clear or deposit any snow from any driveway, sidewalk, parking lot, or any establishment, private or public, similar in kind or in character, on any of the streets or alleys of the village if the deposit of snow shall narrow the traveled portion of the street, block the vision of motorists at any intersecting street, alley, or drive entrance, prevent proper parking at any curb, or in any way create a condition hazardous to the flow or regulation of traffic; or
(3) Persons clearing away any accumulation of snow shall cause it to be hauled away at their own expense, and costs shall not be incurred by the village. Under no construction of division (B) of this section shall it be considered as prohibiting or restricting the removal of snow from any sidewalk or sidewalk area.
(C) Whoever violates any division of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on the second or any subsequent offense.
(D) It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud, stones, concrete, gravel, or other similar material or permits the load or any portion thereof to be dropped or deposited upon any street, highway, or other public place to immediately remove the same or cause it to be removed.
(E) Upon the trial of any person who may be found guilty of violating any portion of this section, the court shall direct such person to forthwith remove such obstruction, if it exists at the time of the trial, and each day’s neglect to remove the same shall be considered a new offense. The judge shall have power to direct law enforcement or the village to abate and remove such obstructions.
(Ord. 234, passed 2-1-2005)