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Toledo Municipal Code
TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
TITLE THREE - Streets and Traffic Control Devices
TITLE FIVE - Vehicles
CHAPTER 331 Operation Generally
CHAPTER 333 Intoxication; Reckless Operation; Speed
CHAPTER 335 Licensing; Accidents
CHAPTER 337 Safety and Equipment
337.01. Driving unsafe vehicles; vehicle bumpers and height.
337.02. Lighted lights; measurement of distances and heights.
337.03. Headlights on motor vehicles and motorcycles.
337.04. Tail light; illumination of rear license plate.
337.05. Rear red reflectors.
337.06. Safety lighting on commercial vehicles.
337.07. Obscured lights on vehicles in combination.
337.08. Red light or red flag on extended loads.
337.09. Lights on parked or stopped vehicles.
337.10. Lights on slow-moving vehicles; emblem required.
337.11. Spotlight and auxiliary lights.
337.12. Cowl, fender and back-up lights.
337.13. Display of lighted lights.
337.14. Use of headlight beams.
337.15. Lights of less intensity on slow-moving vehicles.
337.16. Number of lights; limitations on flashing, oscillating or rotating lights.
337.17. Focus and aim of headlights.
337.18. Motor vehicle and motorcycle brakes.
337.19. Horn, siren and theft alarm signal.
337.20. Muffler; muffler cutout; excessive smoke, gas or noise.
337.21. Rear-view mirror; clear view to front, both sides and rear.
337.22. Towing requirements.
337.23. Limited load extension on left side of passenger vehicle.
337.24. Motor vehicle stop lights.
337.25. Air cleaner required.
337.26. Solid tire requirements.
337.27. Wheel protectors.
337.28. Vehicles with spikes, lugs and chains.
337.29. Use of studded tires and chains.
337.30. Safety glass.
337.31. Broken, cracked, nontransparent or discolored glass.
337.32. Windshield sign or poster; windshield wiper.
337.33. Child restraint system required; exceptions.
337.34. Loud sound amplification systems prohibited; seizure.
337.35. Occupant restraining devices.
337.36. Engine braking.
337.99. Penalty.
CHAPTER 339 Commercial and Heavy Vehicles
CHAPTER 341 Drivers of Commercial Cars or Tractors
TITLE SEVEN - Parking
TITLE NINE - Pedestrians, Bicycles and Motorcycles
TRAFFIC SCHEDULES
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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337.28. Vehicles with spikes, lugs and chains.
   No person shall drive over the improved streets 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, or no person shall tow or in any way pull another vehicle over the improved streets 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.
(ORC 5589.08)
337.29. Use of studded tires and chains.
   (a)   For 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. "Motor vehicle," "street or highway," "public safety vehicle" and "school bus", have the same meaning as given those terms in Chapter 301.
   (b)   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, except during the period extending from November 1 of each year through April 15 of the succeeding year.
   (c)   This section does not apply to the use of tire chains where there is snow or ice on the streets or highways where such chains are being used, or the immediate vicinity thereof.
(ORC 5589.081)
337.30. Safety glass.
   (a)   No person shall sell any new motor vehicle, and no person shall operate any motor vehicle which is registered in the State and which has been manufactured or assembled on or after January 1, 1936, unless such vehicle is equipped with safety glass wherever glass is used in the windshields, doors, partitions, rear windows and windows on each side immediately adjacent to the rear window.
   (b)   "Safety glass" means any product composed of glass, so manufactured, fabricated or treated as substantially to prevent shattering and flying of the glass when struck or broken or such other or similar product as may be approved by the Ohio Registrar of Motor Vehicles.
   (c)   Glass other than safety glass shall not be offered for sale, or sold for use in, or installed in any door, window, partition or windshield which is required by this section to be equipped with safety glass.
(ORC 4513.26; 1952 Code § 21-21-25; Ord. 147-64)
337.31. Broken, cracked, nontransparent or discolored glass.
   (a)   No person shall operate a motor vehicle upon any street or highway which is equipped with any glass so broken, cracked, discolored or be fogged by condensation, moisture or otherwise, so as to distort the visibility of the driver.
   (b)   No person shall operate, on any street or other public or private property open to the public for vehicular travel or parking, nor lease or rent any motor vehicle that is required to be registered in this State with any sunscreening material, or other product or material, which has the effect of making the windshield or windows nontransparent or would alter the windows' color, increase its reflectivity, or reduce its light transmittance, except as herein specified:
      (1)   Any manufacturer's tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by "Federal Motor Vehicle Safety Standard Number 205." In Federal Motor Vehicle Safety Standard Number 205, "manufacturer" means any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale.
      (2)   Any motor vehicle with a strip of sunscreening applied along the top of the windshield so long as such material when used in conjunction with the windshield is transparent and is in compliance with "Federal Motor Vehicle Safety Standard Number 205," or other applicable Federal Standards, and does not extend downward beyond the AS-1 line or five inches from the top of the windshield, whichever is closer to the top.
      (3)   Any motor vehicle with sunscreening material applied to the side windows near the driver and passenger in the front of such vehicle and/or the rear windows so long as such material when used in conjunction with the safety glazing materials of such windows has a light transmittance of not less than fifty percent (50%) plus or minus three percent (3%) and is not red or yellow in color.
   (c)   No person shall install in any motor vehicle any glass or other material that fails to conform to the specifications of this section.
   (d)   No used motor vehicle dealer or new motor vehicle dealer, as defined in Ohio R.C. 4517.01, shall sell any motor vehicle that fails to conform to the specifications of this section.
   (e)   No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings or rear windows.
   (f)   No person shall operate on any street or other public or private property open to the public for vehicular travel or parking, nor lease or rent any motor vehicle that is required to be registered in this State that is equipped with privacy drapes, louvers, curtains or blinds unless the drapes, louvers, curtains or blinds are open and secure during vehicle operation.
   (g)   All motor vehicles, beginning with the 1990 model year, shall be equipped with labels identifying sunscreening material. All sunscreening material shall indicate the manufacturer's name and the percentage level of light transmission of the material permanently installed between the material and the surface to which the material is applied or affixed. Such label shall be legible and shall be placed in the lower left-hand corner of the vehicle window when viewed from the outside.
   (h)   Exemptions. The provisions of this section do not apply to:
      (1)   A motor vehicle registered in this State in the name of a person, or the person's parent, legal guardian or spouse who has an affidavit signed by a physician licensed to practice in this State under Ohio R.C. Chapter 4731 or an affidavit signed by an optometrist licensed to practice in this State under Ohio R.C. Chapter 4725 that states that the person has a physical condition that makes it necessary to equip such motor vehicle with sunscreening material which would be of a light transmittance and/or luminous reflectance in violation of this section. Such affidavit shall be in the possession of the person so afflicted or the driver at all times while in the motor vehicle;
      (2)   The windows to the rear of the driver in limousines as defined in Rule 4501-41-02 of the Ohio Administrative Code if the limousines are operated for hire;
      (3)   The windows to the rear of the driver in those vehicles designed and used to transport corpses which include hearses and other vehicles adapted for such use; and
      (4)   The manufacturer's tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by "Federal Motor Vehicle Safety Standard Number 205."
(OAC 4501-41-05).
   (i)   Definitions. As used in this section, certain terms are defined as follows:
      (1)   "Motor vehicle" has the same meaning as specified in Section 301.20.
      (2)   "Sunscreening material" means products or materials including film, glazing and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduce the effects of the sun with respect to light reflectance or transmittance.
      (3)   "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing.
      (4)   "Windshield" means any device designed for exterior viewing of a motor vehicle.
      (5)   "Window" means any device designed for exterior viewing from a motor vehicle, except the windshield of any roof-mounted viewing device.
      (6)   "Manufacturer" unless otherwise specified in this section, means any person who engages in the manufacturing or assembling of sunscreening products or materials or any person who fabricates, laminates or tempers a safety glazing material, incorporating, during the manufacturing process, the capacity to reflect or reduce the transmission of light.
      (7)   "Limousine" means any vehicle of the type generally described as a limousine, designed to transport seven or more people.
(OAC 4501-41-02; Ord. 248-89. Passed 3-21-89.)
337.32. Windshield sign or poster; windshield wiper.
   (a)   No person shall drive any motor vehicle, other than a bus, with any sign, poster or other nontransparent material upon the front windshield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be displayed by law, except that there may be in the lower right-hand corner of the windshield a sign or poster not to exceed four inches in height by six inches in width.
   (b)   The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle.
(ORC 4513.24)
   (c)   The windshield on every motor vehicle, except motorcycles, shall be equipped with a device such as a defroster, to clear the front windshield of frost, snow, condensation or any other type moisture that might collect on a windshield. Such device shall be maintained in good working order and so constructed as to be controlled as operated by the operator of the vehicle.
337.33. Child restraint system required; exceptions.
   (a)    When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Section 301.38 of this Code, that is registered in this State and is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards:
      (1)    A child who is less than four years of age;
      (2)    A child who weighs less than forty pounds.
   (b)    When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is registered in this State and is owned, leased, or otherwise under the control of a nursery school, kindergarten, or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards:
      (1)    A child who is less than four years of age;
      (2)    A child who weighs less than forty pounds.
   (c)    When any child who is less than eight (8) years of age and less than four feet nine (4'9") inches in height, who is not required by subsection (a) or (b) of this section to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 301.38 of this Code or a vehicle that is regulated under section 5104.011 of the Revised Code, that is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions on a booster seat that meets federal vehicle safety standards.
   (d)    When any child who is at least eight (8) years of age but not older than fifteen (15) years of age, and who is not otherwise required by subsection (a), (b), or (c) of this section to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 301.38 of this Code, that is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in section 4513.263(2) of the Revised Code.
   (e)    Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of subsection (c) or (d) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of subsection (c) or (d) of this section or causing the arrest of or commencing a prosecution of a person for a violation of subsection (c) or (d) of this Section, and absent another violation of law, a law enforcement officer's view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of subsection (c) or (d) of this section has been or is being committed.
   (f)    The Director of Public Safety shall adopt such rules as are necessary to carry out this section.
   (g)    The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat, or an occupant restraining device as required by this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.
   (h)    This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this state under Chapter 4731 of the Revised Code or a chiropractor licensed to practice in this state under Chapter 4734 of the Revised Code that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat, or an occupant restraining device impossible or impractical, provided that the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendation of the physician or chiropractor as noted on the affidavit.
   (i)    Whoever is a resident of this State and violates subsections (a), (b), (c), or (d) of this Section shall be guilty of a minor misdemeanor; except, if previously convicted of or pleaded to a violation of subsections (a), (b), (c), or (d) of this Section, or to Revised Code 4511.81(A), (B), (C) or (D), the offender is guilty of a misdemeanor of the fourth degree.
   (j)    If a person who is not a resident of this State is charged with a violation of subsection (a), (b), (c), or (d) of this Section and does not prove to the court by a preponderance of the evidence, that his use or nonuse of the child restraint, booster seat or occupant restraining device was in accordance with the law of the state of which he is resident, the court shall impose the penalty provided by subsection (i) of this Section.
(Ord. 274-10. Passed 5-25-10.)
337.34. Loud sound amplification systems prohibited; seizure.
   (a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle.
   (b)   "Sound amplification system" means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice.
   (c)   "Plainly audible" means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty feet or more. Measurement standards shall be the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and base reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
   (d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
      (1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
      (2)   The vehicle was an emergency or public safety vehicle;
      (3)   The vehicle was owned and operated by the City or a gas, electric, communications or refuse company;
      (4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with Section 507.16 of the Code;
      (5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the City authorized to grant such approval.
   (e)   Any sound amplification system used in the commission of a violation of Section 337.34 is declared a nuisance and is subject to an order of abatement and forfeiture pursuant to Sections 533.20 and 533.21 of the Municipal Code. Police officers, after observing a violation of this section, are authorized to seize any sound amplification device which is readily removable or motor vehicle containing a sound amplification device operated in violation of the Code, and keep such device and/or motor vehicle pending a judgment of forfeiture or keep such device or motor vehicle as evidence pending the resolution of any criminal complaint filed pursuant to this section.
   (f)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second and subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(Ord. 191-03. Passed 3-4-03.)
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