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Woodlawn Overview
Woodlawn, OH Code of Ordinances
VILLAGE OF WOODLAWN, OHIO CODE OF ORDINANCES
OFFICIALS
ADOPTING ORDINANCE
CHARTER FOR VILLAGE OF WOODLAWN, OHIO
PART TWO: ADMINISTRATION CODE
PART FOUR: TRAFFIC CODE
TITLE TWO: ADMINISTRATION AND ENFORCEMENT
TITLE FOUR: PUBLIC WAYS AND TRAFFIC CONTROL DEVICES
TITLE SIX: OPERATION AND VEHICLES
CHAPTER 432: OPERATION GENERALLY
CHAPTER 434: O.V.I.; RECKLESS OPERATION; SPEED
CHAPTER 436: LICENSING; ACCIDENTS
CHAPTER 438: SAFETY AND EQUIPMENT
§ 438.01 DRIVING UNSAFE VEHICLES; APPLICATION.
§ 438.02 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.
§ 438.03 HEADLIGHTS ON MOTOR VEHICLES AND MOTORCYCLES.
§ 438.04 TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE.
§ 438.05 REAR RED REFLECTORS.
§ 438.06 SAFETY LIGHTING ON COMMERCIAL VEHICLES.
§ 438.07 OBSCURED LIGHTS ON VEHICLES IN COMBINATION.
§ 438.08 RED LIGHT OR RED FLAG ON EXTENDED LOADS.
§ 438.09 LIGHTS ON PARKED OR STOPPED VEHICLES.
§ 438.10 LIGHTS, EMBLEMS, AND REFLECTORS ON SLOW-MOVING VEHICLES, FARM MACHINERY, AGRICULTURAL TRACTORS, AND ANIMAL-DRAWN VEHICLES.
§ 438.11 SPOTLIGHT AND AUXILIARY LIGHTS.
§ 438.12 COWL, FENDER AND BACK-UP LIGHTS.
§ 438.13 TWO LIGHTS DISPLAYED.
§ 438.14 USE OF HEADLIGHT BEAMS.
§ 438.15 LIGHTS OF LESS INTENSITY ON SLOW-MOVING VEHICLES.
§ 438.16 NUMBER OF LIGHTS PERMITTED; RED AND FLASHING LIGHTS.
§ 438.165 LIGHTS AND SOUND-PRODUCING DEVICES ON CORONERS’ VEHICLES.
§ 438.17 VEHICLES TRANSPORTING PRESCHOOL CHILDREN.
§ 438.18 FOCUS AND AIM OF HEADLIGHTS.
§ 438.19 MOTOR VEHICLE AND MOTORCYCLE BRAKES.
§ 438.20 HORN, SIREN AND THEFT ALARM SIGNAL.
§ 438.21 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE.
§ 438.22 REAR-VIEW MIRROR; CLEAR VIEW TO FRONT, BOTH SIDES AND REAR.
§ 438.23 WINDSHIELD REQUIRED; SIGN OR POSTER UPON WINDSHIELD; WINDSHIELD WIPER.
§ 438.235 TINTED GLASS; MATERIALS ON GLASS.
§ 438.24 LIMITED LOAD EXTENSION ON LEFT SIDE OF PASSENGER VEHICLE.
§ 438.25 MOTOR VEHICLE STOP LIGHTS.
§ 438.26 BUMPERS.
§ 438.27 AIR CLEANER REQUIRED.
§ 438.28 USE OF CHILD RESTRAINTS.
§ 438.29 USE OF OCCUPANT RESTRAINING DEVICES.
§ 438.30 IGNITION INTERLOCK DEVICES. (REPEALED)
§ 438.31 NOISE-PRODUCING INSTRUMENTS AND SOUND-AMPLIFYING DEVICES IN MOTOR VEHICLES.
§ 438.32 AIR BAGS.
§ 438.33 USE OF WIRELESS HANDSETS TO TEXT MESSAGE AND ENGAGE IN OTHER FORMS OF COMMUNICATION WHILE DRIVING.
§ 438.99 PENALTY.
CHAPTER 440: COMMERCIAL AND HEAVY VEHICLES
CHAPTER 442: DRIVERS OF COMMERCIAL VEHICLES
CHAPTER 444: OFFENSES RELATING TO THEFT AND FRAUD
TITLE EIGHT: PARKING
TITLE TEN: BICYCLES, MOTORCYCLES AND SNOWMOBILES
PART SIX: GENERAL OFFENSES CODE
PART EIGHT: BUSINESS REGULATION AND TAXATION CODE
PART TEN: 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
COMPARATIVE TABLES
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§ 438.22 REAR-VIEW MIRROR; CLEAR VIEW TO FRONT, BOTH SIDES AND REAR.
   (a)   Every motor vehicle and motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the highway to the rear of such vehicle or motorcycle. Operators of vehicles and motorcycles shall have a clear and unobstructed view to the front and to both sides of their vehicles and motorcycles and shall have a clear view to the rear of their vehicles and motorcycles by mirror.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.23)
§ 438.23 WINDSHIELD REQUIRED; SIGN OR POSTER UPON WINDSHIELD; WINDSHIELD WIPER.
   (a)   No person shall drive any motor vehicle on a street or highway in this Municipality, other than a motorcycle or motorized bicycle, that is not equipped with a windshield.
   (b)   (1)   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 the vehicle other than a certificate or other paper required to be displayed by law, except that there may be in the lower left-hand or right-hand corner of the windshield a sign, poster or decal not to exceed four inches in height by six inches in width. No sign, poster or decal shall be displayed in the front windshield in such a manner as to conceal the vehicle identification number for the motor vehicle when, in accordance with federal law, that number is located inside the vehicle passenger compartment and so placed as to be readable through the vehicle glazing without moving any part of the vehicle.
      (2)   Division (b)(1) of this section does not apply to a person who is driving a passenger car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:
         A.   It is a "vehicle safety technology" as defined in 49 C.F.R. § 393.5 and complies with 49 C.F.R. § 393.60(e)(1)(ii).
         B.   It does not restrict the vehicle operator's sight lines to the road and highway signs and signals, and it does not conceal the vehicle identification number.
      (3)   Division (b)(1) of this section does not apply to a person who is driving a commercial car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:
         A.   It is a "vehicle safety technology" as defined in 49 C.F.R. § 393.5 and complies with 49 C.F.R. § 393.60(e)(1)(ii).
         B.   It does not restrict the vehicle operator's sight lines to the road and highway signs and signals, and it is mounted not more than 8.5 inches below the upper edge of the windshield.
   (c)   The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield. The device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle.
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.24)
§ 438.235 TINTED GLASS; MATERIALS ON GLASS.
   (a)   No person shall operate, on any highway or other public or private property open to the public for vehicular travel or parking, lease or rent any motor vehicle that is registered in this state unless the motor vehicle conforms to the requirements concerning tinted glass and reflectorized material of R.C. § 4513.241 and of any applicable rule adopted under that section.
   (b)   No person shall install in or on any motor vehicle any glass or other material that fails to conform to the requirements of R.C. § 4513.241 or of any rule adopted under that section.
   (c)   (1)   No used motor vehicle dealer or new motor vehicle dealer, as defined in R.C. § 4517.01, shall sell any motor vehicle that fails to conform to the requirements of R.C. § 4513.241 or of any rule adopted under that section.
      (2)   No manufacturer, remanufacturer, or distributor, as defined in R.C. § 4517.01, shall provide to a motor vehicle dealer licensed under R.C. Chapter 4517 or to any other person, a motor vehicle that fails to conform to the requirements of R.C. § 4513.241 or of any rule adopted under that section.
   (d)   No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings or rear window.
   (e)   This section does not apply to 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 No. 205.
   (f)   With regard to any side window behind a driver’s seat or any rear window other than any window on an emergency door, this division (b) does not apply to any school bus used to transport a child with disabilities pursuant to R.C. Chapter 3323, whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by a school district. As used in this division, CHILD WITH DISABILITIES has the same meaning as in R.C. § 3323.01.
   (g)   This section does not apply to any school bus that is to be sold and operated outside the municipality.
   (h)   (1)   This section does not apply to a motor vehicle used by a law enforcement agency under either of the following circumstances:
         A.   The vehicle does not have distinctive markings of a law enforcement vehicle but is operated by or on behalf of the law enforcement agency in an authorized investigation or other activity requiring that the presence and identity of the vehicle occupants be undisclosed.
         B.   The vehicle primarily is used by the law enforcement canine unit for transporting a police dog.
      (2)   As used in this division, LAW ENFORCEMENT AGENCY means a police department, the office of a sheriff, the State Highway Patrol, a county prosecuting attorney, or a federal, state, or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.
(R.C. § 4513.241(C) - (J))
   (i)   (1)   Whoever violates division (a), (c)(2) or (d) of this section is guilty of a minor misdemeanor.
      (2)   Whoever violates division (c)(1) of this section is guilty of a minor misdemeanor if the dealer or the dealer’s agent knew of the nonconformity at the time of sale.
      (3)   A.   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree, except that an organization may not be convicted unless the act of installation was authorized by the board of directors, trustees, partners, or by a high managerial officer acting on behalf of the organization, and installation was performed by an employee of the organization acting within the scope of the person’s employment.
         B.   In addition to any other penalty imposed under this section, whoever violates division (b) of this section is liable in a civil action to the owner of a motor vehicle on which was installed the nonconforming glass or material for any damages incurred by that person as a result of the installation of the nonconforming glass or material, costs of maintaining the civil action, and attorney fees.
         C.   In addition to any other penalty imposed under this section, if the offender previously has been convicted of or pleaded guilty to a violation of division (b) of this section and the offender is a motor vehicle repair operator registered under R.C. Chapter 4775 or a motor vehicle dealer licensed under R.C. Chapter 4517, whoever violates division (b) of this section is subject to a registration or license suspension, as applicable, for a period of not more than 180 days.
(R.C. § 4513.241(K))
Statutory reference:
   Administrative regulations, see O.A.C. Chapter 4501-41
§ 438.24 LIMITED LOAD EXTENSION ON LEFT SIDE OF PASSENGER VEHICLE.
   (a)   No passenger-type vehicle shall be operated on a highway with any load carried on the vehicle which extends more than six inches beyond the line of the fenders on the vehicle’s left side.
(ORC 4513.30)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)
§ 438.25 MOTOR VEHICLE STOP LIGHTS.
   (a)   (1)   Every motor vehicle, trailer, semitrailer, and pole trailer when operated upon a highway shall be equipped with two or more stop lights, except that passenger cars manufactured or assembled prior to January 1, 1967, motorcycles, and motor-driven cycles shall be equipped with at least one stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights when actuated shall emit a red light visible from a distance of 500 feet to the rear; provided that in the case of a train of vehicles only the stop lights on the rearmost vehicle need be visible from the distance specified.
      (2)   Such stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles.
      (3)   When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under Ohio R.C. 4513.19.
      (4)   Historical motor vehicles as defined in Ohio R.C. 4503.181, not originally manufactured with stop lights, are not subject to this section.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.071)
§ 438.26 BUMPERS.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   GROSS VEHICLE WEIGHT RATING. The manufacturer’s gross vehicle weight rating established for that vehicle.
      (2)   MANUFACTURER. The same meaning as in Ohio R.C. 4501.01.
      (3)   MULTIPURPOSE PASSENGER VEHICLE. A motor vehicle with motive power, except a motorcycle, designed to carry ten persons or less, that is constructed either on a truck chassis or with special features for occasional off-road operation.
      (4)   PASSENGER CAR. Any motor vehicle with motive power, designed for carrying ten persons or less, except a multipurpose passenger vehicle or motorcycle.
      (5)   TRUCK. Every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of 10,000 pounds or less.
   (b)   Rules adopted by the Director of Public Safety, in accordance with Ohio R.C. Chapter 119, shall govern the maximum bumper height or, in the absence of bumpers and in cases where bumper height have been lowered or modified, the maximum height to the bottom of the frame rail of any passenger car, multipurpose passenger vehicle or truck.
   (c)   No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State that does not conform to the requirements of this section or any applicable rule adopted pursuant to Ohio R.C. 4513.021.
   (d)   No person shall modify any motor vehicle registered in this State in such a manner as to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation, and no person shall disconnect any part of the original suspension system of the vehicle to defeat the safe operation of that system.
   (e)   Nothing contained in this section or in the rules adopted pursuant to Ohio R.C. 4513.021 shall be construed to prohibit either of the following:
      (1)   The installation upon a passenger car, multipurpose passenger vehicle or truck registered in this State of heavy duty equipment, including shock absorbers and overload springs.
      (2)   The operation on a street or highway of a passenger car, multipurpose passenger vehicle, or truck registered in this State with normal wear to the suspension system if the normal wear does not adversely affect the control of the vehicle.
   (f)   This section and the rules adopted pursuant to Ohio R.C. 4513.021 do not apply to any specially designed or modified passenger car, multipurpose passenger vehicle, or truck when operated off a street or highway in races and similar events.
   (g)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.021)
Statutory reference:
   Maximum height on bumpers, see
    O.A.C. Chapter 4501-43
§ 438.27 AIR CLEANER REQUIRED.
   (a)   No person shall operate any vehicle with motive power of four cylinders or more on the streets or other public property or private property within the Village unless the carburetor of such vehicle has attached to it an air cleaner or air breather having a minimum diameter of six inches.
   (b)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the third degree.
(Ord. 11-1977, passed 3-22-1977)
§ 438.28 USE OF CHILD RESTRAINTS.
   (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 R.C. § 4511.01, 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 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 40 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 owned, leased or otherwise under the control of a nursery school 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 40 pounds.
   (c)   When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by division (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 R.C. § 4511.01 or a vehicle that is regulated under R.C. § 5104.015, 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 motor vehicle safety standards.
   (d)   When any child who is at least eight years of age but not older than 15 years of age, and who is not otherwise required by division (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 R.C. § 4511.01, 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 R.C. § 4513.263.
   (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 division (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 division (c) or (d) of this section or causing the arrest of or commencing a prosecution of a person for a violation of division (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 division (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 in an occupant restraining device as required in 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 R.C. Chapter 4731 or a chiropractor licensed to practice in this state under R.C. Chapter 4734 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 recommendations of the physician or chiropractor as noted on the affidavit.
   (i)   Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation or summons issued for violating this section.
   (j)   (1)   Whoever violates division (a), (b), (c), or (d) of this section shall be punished as follows, provided that the failure of an operator of a motor vehicle to secure more than one child in a child restraint system, booster seat or occupant restraining device as required by this section that occurred at the same time, on the same day and at the same location is deemed to be a single violation of this section:
         A.   Except as otherwise provided in division (j)(1)B. of this section, the offender is guilty of a minor misdemeanor and shall be fined not less than $25 nor more than $75.
         B.   If the offender previously has been convicted of or pleaded guilty to a violation of division (a), (b), (c) or (d) of this section or of a state law or municipal ordinance that is substantially equivalent any of those divisions, the offender is guilty of a misdemeanor of the fourth degree.
      (2)   All fines imposed pursuant to division (j)(1) of this section shall be forwarded to the State Treasurer for deposit in the Child Highway Safety Fund created by R.C. § 4511.81(I).
(R.C. § 4511.81(A) - (H), (K), (L))
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