61-12 Amend 339.03 Vehicle Requirements

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PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 10/15/12. SECOND READING 11/5/12. ORDINANCE NO. 61-12 BY: Anderson, Bullock, Suris, Ptadigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, amending Section 339.03, Maximum Width, Height, and Length, of the Codified Ordi- nances of the City of Lakewood for the purpose of complying with changes to the State of Ohio traffic code. WHEREAS, the following change has recently been made to the State of Ohio traffic code; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits mu- nicipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the City wishes to close any window of time between the effective date of the state code change and the effective date of the local code change; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: SECTION 1. Section 339.03, Maximum Width, Height, and Length, currently reading as follows: 339.03 MAXIMUM WIDTH, HEIGHT AND LENGTH. No vehicle shall be operated upon the public streets, highways, bridges and culverts within the Municipality, whose dimensions exceed those specified in this section. (a) No such vehicle shall have a width in excess of: (I) 104 inches for passenger bus-type vehicles operated exclusively within numicipal corporations; (2) 102 inches, excluding such safety devices as are required by law, for pas- senger bus-type vehicles operated over freeways, and such other State roads with minimum pavement widths of twenty-two feet, except those roads or portions thereof over which operation of 102-inch buses is pro- hibited by order of the Ohio Director of Transportation; (3) 132 inches for traction engines;