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Solon, OH Code of Ordinances
SOLON, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2024)
ADOPTING ORDINANCES
CHARTER OF THE CITY OF SOLON, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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.
(R.C. § 4513.31)
   (b)   Whoever violates division (a) of this section is guilty of a minor misdemeanor.
(R.C. § 4513.99)
   (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.
§ 440.07 VEHICLES WITH SPIKES, LUGS AND CHAINS.
   (a)   (1)   Except as provided in division (a)(2) of this section, no person shall drive over the improved highways of this municipality a traction engine or tractor with tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind extending beyond the cleats, and no person shall tow or in any way pull another vehicle over the improved highways of this municipality which towed or pulled vehicle has tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind. TRACTION ENGINE or TRACTOR, as used in this section, applies to all self-propelling engines equipped with metal-tired wheels operated or propelled by any form of engine, motor or mechanical power.
      (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 (a)(1) of this section.
   (b)   This municipality shall not adopt, enforce or maintain any ordinance, rule or regulation contrary to or inconsistent with division (a), nor shall this municipality require any license tax upon or registration fee for any traction engine, tractor or trailer, or any permit or license to operate. Operators of traction engines or tractors shall have the same rights upon the public streets and highways as the drivers of any other vehicles, unless some other safe and convenient way is provided, and no public road open to traffic shall be closed to traction engines or tractors.
(R.C. § 5589.08)
   (c)   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.
   (d)   (1)   Except as provided in division (d)(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 (d)(1) of this section.
   (e)   Division (d) of this section does not apply to the use of tire chains when there is snow or ice on the streets or highways where the chains are being used, or the immediate vicinity thereof.
(R.C. § 5589.081)
   (f)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 5589.99(B))
§ 440.08 OCCUPYING TRAVEL TRAILER, FIFTH WHEEL VEHICLE, OR MANUFACTURED OR MOBILE HOME WHILE IN MOTION.
   (a)   Except as provided in division (b) of this section, no person shall occupy any travel trailer, fifth wheel trailer, or manufactured or mobile home while it is being used as a conveyance upon a street or highway.
   (b)   (1)   Division (a) of this section does not apply to a fifth wheel trailer when both of the following apply:
         A.   Any child riding in the fifth wheel trailer is properly secured in the manner provided in R.C. § 4511.81.
         B.   The operator of the vehicle towing the fifth wheel trailer has some means of viable communication with the passengers riding in the trailer.
      (2)   As used in this division, “viable communication” includes a cellular or satellite telephone, a radio, or any other similar electronic wireless communications device.
   (c)   (1)   Except as otherwise provided in this division, whoever violates 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.
      (2)   The offense established under this section is a strict liability offense and R.C. § 2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(R.C. § 4511.701)
§ 440.09 ROUTE AND LOAD INFORMATION.
   Drivers of vehicles described in this chapter are required, upon request by a police officer, to give full and true information as to the route they are following and the name of the consignor and consignee and place of delivery or removal and the location of any consignment being hauled or goods being removed, and upon a designation by such police officer of a route to be followed, shall immediately adopt and pursue the route.
§ 440.10 SHIFTING LOAD; LOOSE LOADS.
   (a)   In addition to any other lawful requirements of load distribution, no person shall operate any vehicle upon a street or highway unless the vehicle is so laden as to prevent its contents from shifting or otherwise unbalancing the vehicle to such an extent as to interfere with the safe operation of the same.
   (b)   No motor vehicle or trailer shall be driven unless the tailboard or tailgate, tarpaulins, chains (except ground or contact chains), ropes, stakes, poles and the like, or any part of the load, are securely fastened to prevent dangling, flapping, swinging or falling from the side, end or top of the load or body. All projecting cargo shall be properly guarded by a red flag or cloth or a red light or lantern as required by R.C. § 4513.09, or any substantially equivalent municipal ordinance.
§ 440.11 CHAUFFEURED LIMOUSINES.
   (a)   The operator of a chauffeured limousine shall accept passengers only on the basis of prearranged contracts, as defined in R.C. § 4501.01, and shall not cruise in search of patronage unless the limousine is in compliance with any statute or ordinance governing the operation of taxicabs or other similar vehicles for hire.
   (b)   The operator of a chauffeured limousine may provide transportation to passengers who arrange for the transportation through an intermediary, including a digital dispatching service. Notwithstanding any law to the contrary, when providing transportation arranged through an intermediary, the operator of a chauffeured limousine may establish the fare and method of fare calculation, so long as the method of fare calculation is provided to the passenger upon request.
   (c)   No person shall advertise or hold himself or herself out as doing business as a limousine service or livery service or other similar designation unless each vehicle used by the person to provide the service is registered in accordance with R.C. § 4503.24 and is in compliance with R.C. § 4509.80.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4511.85)
§ 440.12 REMOVAL OF EXCESS LOAD.
   Any police officer having reason to believe that the weight of a vehicle and its load is unlawful may require the driver of such vehicle to stop and submit to a weighing of it by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales. Whenever such officer, upon weighing a vehicle and load, determines that the weight is unlawful, he or she may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as is necessary to reduce the gross weight of such vehicle to the limit permitted.
(Ord. 1989-229, passed 10-2-1989)
§ 440.13 MOVING CONSTRUCTION AND HEAVY VEHICLES AND STRUCTURES; PERMIT REQUIRED.
   (a)   No road roller, traction engine, power shovel, power crane or other equipment used in construction work and not designed for, or employed in, general highway transportation, no well-drilling machinery, ditch-digging machinery, farm machinery and agricultural tractors and machinery used in the production of horticultural, agricultural and vegetable products (as defined in R.C. §§ 4501.01(A) and 4501.01(C)), and no self-propelled vehicles designed or used for drawing such vehicles or wheeled machinery, but having no provisions for carrying loads independently of such other vehicles, shall be moved or stationed preparatory to moving on the streets of the city without a permit as provided in this section.
(Ord. 1989-229, passed 10-2-1989)
   (b)   The movement of structures is similarly regulated as provided in division (a) of this section, except as otherwise provided in Chapter 1468 of the Building and Housing Code.
   (c)   The permit shall specify the street or streets upon or over which such vehicle or machinery is to be moved or transported, the nature thereof, its aggregate weight and its width and length, and shall specify the date and the hours within which such moving shall be done. The City Engineer shall issue and keep a record of all permits issued.
   (d)   The City Engineer may require minimum cash deposit in the amount of $2,500 or other amount as determined by the City Engineer and to the satisfaction of the Director of Law to insure against any loss, damage or injury to the street or highway by reason of such moving. In the event of any such loss, damage or injury, the same shall be repaired by the city and the cost thereof deducted from such deposit, and the balance returned to the applicant. The permit form shall provide the following authorization: “In the event of harm or damage to public facilities, I herewith authorize the city to draw from such deposit such amount as shall be reasonably necessary to reimburse the city or other public agency for its damage and expense, and further will pay such additional amount as shall be necessary in the event the damage be of greater cost.”
   (e)   The City Engineer, through the office of the Engineering Department, shall charge and collect a fee in accordance with Chapter 1424 for each permit issued by him or her under the provisions of this section, in the case of a vehicle or machinery of an aggregate weight of 20 tons or more, which fee shall be payable to the city.
   (f)   In the case of a structure, vehicle or machinery of an aggregate weight of 20 tons or more, the Police Chief and the City Engineer may designate staff to supervise or observe (at direct cost to the applicant as determined by the Police Chief or City Engineer) the moving of such structure, vehicle or machinery, to the end that interference with traffic may be avoided and injury to the highway prevented, and the person in charge of such structure, vehicle or machinery shall comply with and conform to the instructions and orders of such police officer in the matter of such moving.
   (g)   The City Engineer is hereby authorized and directed to promulgate regulations to carry into effect the provisions of this section, including, among other subjects, the requirements for providing evidence of public liability insurance.
   (h)   Any permits issued pursuant to this section shall be submitted to the Police Chief or his or her authorized representative for final approval.
   (i)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.
(Ord. 1989-229, passed 10-2-1989)
§ 440.14 WARNING DEVICES ON DISABLED VEHICLES.
   (a)   Whenever any motor truck, bus, commercial tractor, trailer, semitrailer or pole trailer is disabled upon any freeway, expressway, thruway and connecting, entering or exiting ramps within the city, at any time when lighted lamps are required on vehicles, the operator of such vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway except as provided in division (b) of this section:
      (1)   A lighted fusee shall be immediately placed on the roadway at the traffic side of such vehicle, unless red electric lanterns or red reflectors are displayed.
      (2)   Within the burning period of the fusee and as promptly as possible, three lighted flares or pot torches, or three red reflectors, or three red electric lanterns, shall be placed on the roadway as follows:
         A.   One at a distance of 40 paces or approximately 100 feet in advance of the vehicle;
         B.   One at a distance of 40 paces or approximately 100 feet to the rear of the vehicle, except as provided in this section, each in the center of the lane of traffic occupied by the disabled vehicle; and
         C.   One at the traffic side of the vehicle.
   (b)   Whenever any vehicle used in transporting flammable liquids in bulk, or in transporting compressed flammable gases, is disabled upon a highway at any time or place mentioned in division (a) of this section, the driver of such vehicle shall display upon the roadway the following warning devices:
      (1)   One red electric lantern or one red reflector shall be immediately placed on the roadway at the traffic side of the vehicle; and
      (2)   Two other red electric lanterns or two other red reflectors shall be placed to the front and rear of the vehicle in the same manner prescribed for flares in division (a) of this section.
   (c)   When a vehicle of a type specified in division (b) of this section is disabled, the use of flares, fusees or any signal produced by flame as warning signals is prohibited.
   (d)   Whenever any vehicle of a type referred to in this section is disabled upon any freeway, expressway, thruway and connecting, entering or exiting ramps within the city, at any time when the display of fusees, flares, red reflectors or electric lanterns is not required, the operator of such vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of 40 paces or approximately 100 feet in advance of the vehicle, and one at a distance of 40 paces or approximately 100 feet to the rear of the vehicle, except as provided in this section.
   (e)   The flares, fusees, lanterns, red reflectors and flags to be displayed as required in this section shall conform with the requirements of R.C. § 4513.27 applicable thereto.
   (f)   In the event the vehicle is disabled near a curve, crest of a hill or other obstruction of view, the flare, flag, reflector or lantern in that direction shall be placed as to afford ample warning to other users of the highway, but in no case shall it be placed less than 40 paces or approximately 100 feet, nor more than 120 paces or approximately 300 feet from the disabled vehicle.
   (g)   This section does not apply to the operator of any vehicle in a work area designated by protection equipment devices that are displayed and used in accordance with the manual adopted by the Ohio Department of Transportation under R.C. § 4511.09.
   (h)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1989-229, passed 10-2-1989)
Statutory reference:
   Warning devices displayed on disabled vehicles, see R.C. § 4513.28
§ 440.15 THROUGH AND TRUCK ROUTES.
   (a)   The Mayor is hereby authorized, pursuant to R.C. § 737.022, and directed, to make and issue rules and regulations designating through routes and truck routes within the city and to post adequate signs giving notice thereof.
   (b)   All vehicular trucks, except three-quarter ton pick-up trucks and panel trucks not intending to discharge cargo within the city, shall follow designated state routes through the city.
   (c)   All through trucks shall use predetermined streets only within the city as designated by the Mayor.
   (d)   Trucks shall be permitted to service industrial and commercial firms located within the city, provided that trucks which exceed the weight limit or prohibitions of any particular street within the city and which are destined for a point of discharge owned, operated or leased by a person or company which requires such traffic on more than one occasion within any three-month period, shall be required to obtain a special permit from the Chief Building Official pursuant to § 440.01(c). Further, trucks servicing industrial and commercial firms located within the city shall follow state, county or municipal routes designated by the Mayor/Director of Public Safety as through truck routes or truck routes, in driving to the particular street of cargo discharge.
   (e)   All trucks making pick-ups or deliveries to residences located within the city shall follow state, county or municipal routes designated by the Mayor/Director of Public Safety as through truck routes or truck routes, in driving to the particular street of cargo discharge. The owner, operator or lessee of any residence which requires such traffic on more than one occasion within any three-month period shall be required to obtain a permit from the Chief Building Official as set forth in § 440.01(c), and to post an appropriate bond in order to insure the protection of the public streets and property.
   (f)   The rules and regulations established by the Mayor designating through routes and truck routes within the city shall be applicable to all trucks, resident and nonresident, through and local, in the same manner and to the same extent.
   (g)   All trucks and other construction vehicles engaged in construction or servicing any construction site within the city shall follow all marked construction routes as designated by the Mayor in the interest of public safety and expedite the flow of traffic and eliminate congestion. Said construction traffic routes shall be defined by signage clearly indicating the route to be used by the trucks and other construction vehicles servicing the construction site.
   (h)   Whoever violates division (g) hereof is guilty of a misdemeanor of the second degree for a first offense and a misdemeanor of the first degree for a second or subsequent offense within one year.
(Ord. 1999-54, passed 4-5-1999)
   (i)   Except as provided in division (h) hereof, whoever violates any provision of this section shall be subject to the penalties provided in §§ 408.01 and 408.02.
§ 440.16 USE OF ENGINE RETARDERS.
   The use of any and all “engine retarders” shall be prohibited within the municipality. ENGINE RETARDERS shall be defined to include, without limitation, C-Brakes, PacBrakes, TekBrakes, Jake Brakes and any other type of engine retarder commonly utilized within the trucking industry. This restriction shall not apply to emergency vehicles.
(Ord. 2002-265, passed 11-18-2002)
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