LICENSING AND ACCIDENTS

Codified Ordinances of Cleveland pt. FOUR, tit. V, ch. 435

in effect

Codified Ordinances of Cleveland § 435.01 Driver’s or Commercial Driver’s License Required; Restriction Violation

§ 435.01 Driver’s or Commercial Driver’s License Required; Restriction Violation (a) No person shall permit the operation of a motor vehicle upon any public or private property used by the public for purposes of vehicular travel or parking, knowing the operator does not have a valid driver's license issued to the operator by the Registrar of Motor Vehicles under RC Chapter 4507 or a valid commercial driver's license issued under RC Chapter 4506. Except as otherwise provided in this division, whoever violates this division is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to RC 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to RC 2929.26; notwithstanding RC 2929.28(A)(2)(a), the offender may be fined up to one thousand dollars ($1,000.00); and, notwithstanding RC 2929.27(A)(3), the offender may be ordered pursuant to RC 2929.27(C) to serve a term of community service of up to five hundred (500) hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under RC 2705.02(A) that may be filed in the underlying case. If, within three (3) years of the offense, the offender previously has been convicted of or pleaded guilty to two (2) or more violations of this section or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree. (RC 4507.02(A)(1)) (b) Nonresidents, permitted to drive upon the highways of their own state, may operate any motor vehicle upon any highway in this state without examination or license under RC 4507.01 to 4507.39, inclusive, upon condition that the nonresident may be required at any time or place to prove lawful possession or their right to operate the motor vehicle, and to establish proper identity. (RC 4507.04) (c) No person shall operate any motor vehicle in violation of any restriction imposed on his or her driver's or commercial driver's license by the Ohio Registrar of Motor Vehicles pursuant to RC 4507.14. (Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.02 Possession of More Than One License Prohibited

§ 435.02 Possession of More Than One License Prohibited (a) No person shall receive a driver's license, or a motorcycle operator's endorsement of a driver's or commercial driver's license, unless and until the person surrenders to the Registrar all valid licenses issued to the person by another jurisdiction recognized by this state. The Registrar shall report the surrender of a license to the issuing authority, together with information that a license is now issued in this state. The Registrar shall destroy any such license that is not returned to the issuing authority. No person shall be permitted to have more than one (1) valid license at any time. (RC 4507.02(A)(2)) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (RC 4507.99; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.03 Driving with Temporary Instruction Permit Without Licensed Driver

§ 435.03 Driving with Temporary Instruction Permit Without Licensed Driver (a) No holder of a temporary instruction permit issued under RC 4507.05(A) shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in violation of the conditions established under RC 4507.05(A). (b) Except as provided in division (c) of this section, no holder of a temporary instruction permit that is issued under RC 4507.05(A) and that is issued on or after July 1, 1998, and who has not attained the age of eighteen (18) years, shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and 6:00 a.m. (c) The holder of a temporary instruction permit issued under RC 4507.05(A) on or after July 1, 1998, who has not attained the age of eighteen (18) years, may operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and 6:00 a.m. if, at the time of the operation, the holder is accompanied by the holder's parent, guardian or custodian, and the parent, guardian or custodian holds a current valid driver's or commercial driver's license issued by this state, is actually occupying a seat beside the permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in RC 4511.19(A). (d) Whoever violates this section is guilty of a minor misdemeanor. (RC 4507.05(F), (I); Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.04 Certain Acts Prohibited

§ 435.04 Certain Acts Prohibited (a) No person shall: (1) Display, or cause or permit to be displayed, or possess any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit knowing the same to be fictitious, or to have been canceled, suspended or altered; (2) Lend to a person not entitled thereto, or knowingly permit a person not entitled thereto to use any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit issued to the person so lending or permitting the use thereof; (3) Display or represent as one's own, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit not issued to the person so displaying the same; (4) Fail to surrender to the Ohio Registrar of Motor Vehicles, upon the Registrar's demand, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit that has been suspended or canceled; (5) In any application for an identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit, or any renewal or duplicate thereof, knowingly conceal a material fact, or present any physician's statement required under RC 4507.08 or 4507.081 when knowing the same to be false or fictitious. (b) Whoever violates any division of this section is guilty of a misdemeanor of the first degree. (RC 4507.30; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.05 Owner or Operator Allowing Another to Drive

§ 435.05 Owner or Operator Allowing Another to Drive (a) No person shall permit a motor vehicle owned by the person or under the person's control to be driven by another if any of the following apply: (1) The offender knows or has reasonable cause to believe that the other person does not have a valid driver's or commercial driver's license or permit or valid nonresident driving privileges. (2) The offender knows or has reasonable cause to believe that the other person's driver's or commercial driver's license or permit or nonresident operating privileges have been suspended or canceled under RC Chapter 4510 or any other provision of the Ohio Revised Code. (3) The offender knows or has reasonable cause to believe that the other person's act of driving the motor vehicle would violate any prohibition contained in RC Chapter 4509. (4) The offender knows or has reasonable cause to believe that the other person's act of driving would violate RC 4511.19 or any substantially equivalent municipal ordinance. (5) The offender knows or has reasonable cause to believe that the vehicle is the subject of an immobilization waiver order issued under RC 4503.235 and the other person is prohibited from operating the vehicle under that order. (b) Without limiting or precluding the consideration of any other evidence in determining whether a violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section has occurred, it shall be prima facie evidence that the offender knows or has reasonable cause to believe that the operator of the motor vehicle owned by the offender or under the offender's control is in a category described in division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section if any of the following applies: (1) Regarding an operator allegedly in the category described in division (a)(1), (a)(3) or (a)(5) of this section, the offender and the operator of the motor vehicle reside in the same household and are related by consanguinity or affinity. (2) Regarding an operator allegedly in the category described in division (a)(2) of this section, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other act or omission, that would or could result in the suspension or cancellation of the operator's license, permit, or privilege. (3) Regarding an operator allegedly in the category described in division (a)(4) of this section, the offender and the operator of the motor vehicle occupied the motor vehicle together at the time of the offense. (c) Whoever violates this section is guilty of wrongful entrustment of a motor vehicle, and shall be punished as provided in divisions (c) to (h) of this section. (1) Except as provided in division (c)(2) of this section, whoever violates division (a)(1), (a)(2), or (a)(3) of this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to RC 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to RC 2929.26; notwithstanding RC 2929.28(A)(2)(a), the offender may be fined up to one thousand dollars ($1,000.00); and, notwithstanding RC 2929.27(A)(3), the offender may be ordered pursuant to RC 2929.27(C) to serve a term of community service of up to five hundred (500) hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under RC 2705.02(A) that may be filed in the underlying case. (2) A. If, within three (3) years of a violation of division (a)(1), (a)(2), or (a)(3) of this section, the offender previously has pleaded guilty to or been convicted of two (2) or more violations of division (a)(1), (a)(2), or (a)(3) of this section, RC 4511.203(A)(1), (A)(2), or (A)(3), or a substantially equivalent municipal ordinance, the offender is guilty of a misdemeanor of the first degree. B. Whoever violates division (a)(4) or (a)(5) of this section is guilty of a misdemeanor of the first degree. (3) For any violation of this section, in addition to the penalties imposed under this Code or RC Chapter 2929, the court may impose a class seven (7) suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in RC 4510.02(A)(7), and, if the vehicle involved in the offense is registered in the name of the offender, the court may order one (1) of the following: A. Except as otherwise provided in division (c)(3)B. or (c)(3)C. of this section, the court may order, for thirty (30) days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle's license plates. If issued, the order shall be issued and enforced under RC 4503.233. B. If the offender previously has been convicted of or pleaded guilty to one (1) violation of this section, RC 4511.203, or a substantially equivalent municipal ordinance, the court may order, for sixty (60) days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle's license plates. If issued, the order shall be issued and enforced under RC 4503.233. C. If the offender previously has been convicted of or pleaded guilty to two (2) or more violations of this section, RC 4511.203, or a substantially equivalent municipal ordinance, the court may order the criminal forfeiture to the state of the vehicle involved in the offense. If issued, the order shall be issued and enforced under RC 4503.234. (4) If title to a motor vehicle that is subject to an order for criminal forfeiture under division (c)(3)C. of this section is assigned or transferred and RC 4503.234(B)(2) or (B)(3) applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the National Automobile Dealers Association. The proceeds from any fine imposed under this division shall be distributed in accordance with RC 4503.234(C)(2). (d) If a court orders the criminal forfeiture of a vehicle under division (c)(3)A. or (c)(3)B. of this section, the court shall not release the vehicle from the immobilization before the termination of the period of immobilization ordered unless the court is presented with current proof of financial responsibility with respect to that vehicle. (e) If a court orders the criminal forfeiture of a vehicle under division (c)(3)C. of this section, upon receipt of the order from the court, neither the Registrar of Motor Vehicles nor any deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the order. The period of denial shall be five (5) years after the date the order is issued, unless, during that five (5) year period, the court with jurisdiction of the offense that resulted in the order terminates the forfeiture and notifies the Registrar of the termination. If the court terminates the forfeiture and notifies the Registrar, the Registrar shall take all necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer the registration of the vehicle. (f) This section does not apply to motor vehicle rental dealers or motor vehicle leasing dealers, as defined in RC 4549.65. (g) Evidence of a conviction of, plea of guilty to, or adjudication as a delinquent child for a violation of this section shall not be admissible as evidence in any civil action that involves the offender or delinquent child who is the subject of the conviction, plea or adjudication and that arises from the wrongful entrustment of a motor vehicle. (h) For purposes of this section, a vehicle is owned by a person if, at the time of a violation of this section, the vehicle is registered in the person's name. (RC 4511.203; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.06 Display of License

§ 435.06 Display of License (a) The operator of a motor vehicle shall display the operator's driver's license, or furnish satisfactory proof that the operator has a driver's license, upon demand of any peace officer or of any person damaged or injured in any collision in which the licensee may be involved. When a demand is properly made, and the operator has the operator's driver's license on or about the operator's person, the operator shall not refuse to display the license. A person's failure to furnish satisfactory evidence that the person is licensed under RC Chapter 4507 when the person does not have the person's license on or about the person's person shall be prima facie evidence of the person's not having obtained a driver's license. (b) (1) Except as provided in division (b)(2) of this section, whoever violates this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to RC 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to RC 2929.26; notwithstanding RC 2929.28(A)(2)(a), the offender may be fined up to one thousand dollars ($1,000.00); and notwithstanding RC 2929.27(A)(3), the offender may be ordered pursuant to RC 2929.27(C) to serve a term of community service of up to five hundred (500) hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under RC 2705.02(A) that may be filed in the underlying case. (2) If, within three (3) years of the offense, the offender previously has been convicted of or pleaded guilty to two (2) or more violations of this section, RC 4507.35, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree. (RC 4507.35; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.07 Driver Under Suspension or Revocation

§ 435.07 Driver Under Suspension or Revocation (a) Driving under Suspension or in Violation of License Restriction. (1) Except as provided in division (a)(2) of this section, division (b) of this section, and in RC 4510.111 and 4510.16, no person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under any provision of the Revised Code, other than RC Chapter 4509, or under any applicable law in any other jurisdiction in which the person's license or permit was issued shall operate any motor vehicle upon the public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking within this municipality during the period of suspension unless the person is granted limited driving privileges and is operating the vehicle in accordance with the terms of the limited driving privileges. (2) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this municipality in violation of any restriction of the person's driver's or commercial driver's license or permit imposed under RC 4506.10(D) or 4507.14. (3) Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (a)(1) or (a)(2) of this section may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (a)(1) of this section or the person operated a motor vehicle in violation of a restriction at the time of the alleged violation of division (a)(2) of this section. The person charged with a violation of division (a)(1) or (a)(2) of this section may offer evidence to rebut this prima facie evidence. (4) A. Whoever violates division (a)(1) or (a)(2) of this section is guilty of a misdemeanor of the first degree. The court may impose upon the offender a class seven (7) suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in RC 4510.02(A)(7). B. 1. Except as provided in division (a)(4)B.2. or (a)(4)B.3. of this section, the court, in addition to any other penalty that it imposes on the offender and if the vehicle is registered in the offender's name and if, within three (3) years of the offense, the offender previously has been convicted of or pleaded guilty to one (1) violation of this section, RC 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, may order the immobilization of the vehicle involved in the offense for thirty (30) days and the impoundment of that vehicle's license plates for thirty (30) days in accordance with RC 4503.233. 2. If the vehicle is registered in the offender's name and if, within three (3) years of the offense, the offender previously has been convicted of or pleaded guilty to two (2) violations of this section, or any combination of two (2) violations of this section, RC 4510.11, 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the immobilization of the vehicle involved in the offense for sixty (60) days and the impoundment of that vehicle's license plates for sixty (60) days in accordance with RC 4503.233. 3. If the vehicle is registered in the offender's name and if, within three (3) years of the offense, the offender previously has been convicted of or pleaded guilty to three (3) or more violations of this section, or any combination of three (3) or more violations of this section or RC 4510.11, 4510.111 or 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the criminal forfeiture of the vehicle involved in the offense to the state. (5) Any order for immobilization and impoundment under this section shall be issued and enforced under RC 4503.233 and 4507.02, as applicable. The court shall not release a vehicle from immobilization ordered under this section unless the court is presented with current proof of financial responsibility with respect to that vehicle. (6) Any order of criminal forfeiture under this section shall be issued and enforced under RC 4503.234. Upon receipt of the copy of the order from the court, neither the Registrar of Motor Vehicles nor a deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the declaration of forfeiture. The period of registration denial shall be five (5) years after the date of the order, unless, during that period, the court having jurisdiction of the offense that led to the order terminates the forfeiture and notifies the registrar of the termination. The Registrar then shall take necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle. (7) The offender shall provide the court with proof of financial responsibility as defined in RC 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to RC 2929.28 in an amount not exceeding five thousand dollars ($5,000.00) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under this section. (RC 4510.11) (b) Driving under Suspension in Violation of Other Provisions. (1) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this municipality whose driver's or commercial driver's license has been suspended pursuant to RC 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, 4510.032, 4510.22, or 4510.33, or a substantially equivalent municipal ordinance. (2) Upon the request or motion of the prosecuting authority, a noncertified copy of the law enforcement automated data system report or a noncertified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (b)(1) of this section may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (b)(1) of this section. The person charged with a violation of division (b)(1) of this section may offer evidence to rebut this prima facie evidence. (3) Whoever violates division (b)(1) of this section is guilty of driving under suspension and shall be punished as provided in division (b)(3)A. or division (b)(3)B. of this section. A. Except as otherwise provided in division (b)(3)B. of this section, the offense is an unclassified misdemeanor. The offender shall be sentenced pursuant to RC 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to RC 2929.26; notwithstanding RC 2929.28(A)(2)(a), the offender may be fined up to one thousand dollars ($1,000.00); and, notwithstanding RC 2929.27(A)(3), the offender may be ordered pursuant to RC 2929.27(C) to serve a term of community service of up to five hundred (500) hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under RC 2705.02(A) that may be filed in the underlying case. B. If, within three (3) years of the offense, the offender previously was convicted of or pleaded guilty to two (2) or more violations of division (b)(1) of this section, or any combination of two (2) or more violations of division (b)(1) of this section, RC 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree, and the offender shall provide the court with proof of financial responsibility as defined in RC 4509.01. If the offender fails to provide that proof of financial responsibility, then in addition to any other penalties provided by law, the court may order restitution pursuant to RC 2929.28 in an amount not exceeding five thousand dollars ($5,000.00) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under this section. (RC 4510.111) (c) Repeat Traffic Offender; Point System Suspension. Any person whose driver's or commercial driver's license or permit or nonresident operating privileges are suspended as a repeat traffic offender under RC 4510.037 and who, during the suspension, operates any motor vehicle upon any public roads and highways is guilty of driving under a twelve (12) point suspension, a misdemeanor of the first degree. The court shall sentence the offender to a minimum term of three (3) days in jail. No court shall suspend the first three (3) days of jail time imposed pursuant to this division. (RC 4510.037(J)) (d) Affirmative Defense. It is an affirmative defense to any prosecution brought under division (a) of this section that the alleged offender drove under suspension, without a valid permit or driver's or commercial driver's license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency. (RC 4510.04; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.08 Operation or Sale Without Certificate of Title

§ 435.08 Operation or Sale Without Certificate of Title (a) No person shall do any of the following: (1) Operate in this municipality a motor vehicle for which a certificate of title is required without having that certificate in accordance with RC Chapter 4505 or, if a physical certificate of title has not been issued for a motor vehicle, operate the motor vehicle in this state knowing that the ownership information relating to the vehicle has not been entered into the automated title processing system by a Clerk of a Court of Common Pleas; (2) Display or display for sale or sell as a dealer or acting on behalf of a dealer, a motor vehicle without having obtained a manufacturer's or importer's certificate, a certificate of title or an assignment of a certificate of title for it as provided in RC Chapter 4505; (3) Fail to surrender any certificate of title or any certificate of registration or license plates upon cancellation of the same by the Registrar of Motor Vehicles and notice of the cancellation as prescribed in RC Chapter 4505; (4) Fail to surrender the certificate of title to a Clerk of a Court of Common Pleas as provided in RC Chapter 4505 in case of the destruction or dismantling or change of a motor vehicle in such respect that it is not the motor vehicle described in the certificate of title; (5) Violate any rules adopted pursuant to RC Chapter 4505; (6) Except as otherwise provided in RC Chapters 4505 and 4517, sell at wholesale a motor vehicle ownership of which is not evidenced by an Ohio certificate of title, or the current certificate of title issued for the motor vehicle, or the manufacturer's certificate of origin, and all title assignments that evidence the seller's ownership of the motor vehicle, and an odometer disclosure statement that complies with RC 4505.06 and subchapter IV of the "Motor Vehicle Information and Cost Savings Act", 86 Stat. 961 (1972), 15 U.S.C. 1981; (7) Operate in this state a motor vehicle knowing that the certificate of title to the vehicle or ownership of the vehicle as otherwise reflected in the automated title processing system has been canceled. (b) This section does not apply to persons engaged in the business of warehousing or transporting motor vehicles for the purpose of salvage disposition. (c) Whoever violates this section shall be fined not more than two hundred dollars ($200.00), imprisoned not more than ninety (90) days, or both. (RC 4505.18; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.09 Display of License Plates; Expired or Unlawful Plates

§ 435.09 Display of License Plates; Expired or Unlawful Plates (a) (1) No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the front and rear of the motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under RC 4503.19 and 4503.191, furnished by the Director of Public Safety, except that a manufacturer of motor vehicles or dealer therein, the holder of an in-transit permit, and the owner or operator of a motorcycle, motorized bicycle or moped, motor-driven cycle or motor scooter, cab-enclosed motorcycle, manufactured home, mobile home, trailer or semitrailer shall display on the rear only. A motor vehicle that is issued two (2) license plates shall display the validation sticker only on the rear license plate, except that a commercial tractor that does not receive an apportioned license plate under the international registration plan shall display the validation sticker on the front of the commercial tractor. An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the license plate only on the front of a commercial tractor and on the rear of all other vehicles. All license plates shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs their visibility. (2) No person to whom a temporary license placard or windshield sticker has been issued for the use of a motor vehicle under RC 4503.182, and no operator of that motor vehicle shall fail to display the temporary license placard in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle, or fail to display the windshield sticker in plain view on the rear window of the motor vehicle. No temporary license placard or windshield sticker shall be covered by any material that obstructs its visibility. (RC 4503.21(A)) (b) Except as otherwise provided by RC 4503.103, 4503.173, 4503.41, 4503.43 and 4503.46, no person who is the owner or chauffeur of a motor vehicle operated or driven upon the public roads or highways shall fail to file annually the application for registration or to pay the tax therefor. (RC 4503.11(A)) (c) No person shall operate or drive upon the highways of this City a motor vehicle acquired from a former owner who has registered the motor vehicle, while the motor vehicle displays the distinctive number or identification mark assigned to it upon its original registration. (RC 4549.11(A)) (d) No person who is the owner of a motor vehicle and a resident of this state shall operate or drive the motor vehicle upon the highways of this municipality while it displays a distinctive number or identification mark issued by or under the authority of another state, without complying with the laws of this state relating to the registration and identification of motor vehicles. (RC 4549.12(A)) (e) No person shall park or operate any vehicle upon any public street or highway upon which are displayed any license plates for any period of time which has expired, or any license plates issued in another state for which the period of reciprocal agreement with the state of issue has expired. (f) No person shall park or operate any vehicle upon any public street or highway upon which are displayed any license plates not legally registered and issued for the vehicle, or upon which are displayed any license plates that were issued on an application for registration that contains any false statement by the applicant. (g) (1) Whoever violates division (a) of this section is guilty of a minor misdemeanor. (RC 4503.21(B)) (2) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. (RC 4503.11(D)) (3) Whoever violates division (c) of this section is guilty of operation of a motor vehicle bearing license plates or an identification mark issued to another, a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense. (RC 4549.11(B)) (4) Whoever violates division (d) of this section is guilty of illegal operation by a resident of this state of a motor vehicle bearing the distinctive number or identification mark issued by a foreign jurisdiction, a minor misdemeanor. (RC 4549.12(B); Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.10 License Plates to Be Unobstructed

§ 435.10 License Plates to Be Unobstructed No person shall operate a motor vehicle, upon which license plates are required by law to be displayed, unless the license plates legally registered and issued for such vehicle shall be fastened in such a manner, and not covered, obscured or concealed by any part or accessory of such vehicle or by any foreign substance or material, to be readable in its entirety from left to right. (Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

Codified Ordinances of Cleveland § 435.11 Use of Illegal License Plates; Transfer of Registration

§ 435.11 Use of Illegal License Plates; Transfer of Registration (a) No person shall operate or drive a motor vehicle upon the public roads and highways in this municipality if it displays a license plate or a distinctive number or identification mark that meets any of the following criteria: (1) It is fictitious; (2) It is a counterfeit or an unlawfully made copy of any distinctive number or identification mark; (3) It belongs to another motor vehicle, provided that this section does not apply to a motor vehicle that is operated on the public roads and highways in this municipality when the motor vehicle displays license plates that originally were issued for a motor vehicle that previously was owned by the same person who owns the motor vehicle that is operated on the public roads and highways in this municipality during the thirty (30) day period described in RC 4503.12(A)(4). (b) A person who fails to comply with the transfer of registration provisions of RC 4503.12 and is charged with a violation of that section shall not be charged with a violation of this section. (c) Whoever violates division (a)(1), (a)(2) or (a)(3) of this section is guilty of operating a motor vehicle bearing an invalid license plate or identification mark, 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. (RC 4549.08) (d) Upon the transfer of ownership of a motor vehicle, the registration of the motor vehicle expires, and the original owner immediately shall remove the license plates from the motor vehicle, except as otherwise provided in RC 4503.12(A). (e) Whoever violates division (d) of this section is guilty of a misdemeanor of the fourth degree (RC 4503.12(A), (D); Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.12 License Plate Loan or Sale

§ 435.12 License Plate Loan or Sale No person shall loan, sell, give away or otherwise traffic in any number or license plate or plates issued by any state or other duly authorized governmental agency in connection with the registration of a motor vehicle. However, nothing herein shall be deemed to apply to the issuance of license plates pursuant to law. (Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

Codified Ordinances of Cleveland § 435.13 Reporting Motor Vehicle Repossession

§ 435.13 Reporting Motor Vehicle Repossession No person engaged in the business of making loans, purchasing notes secured by mortgages, conditional sales agreements or any other liens upon motor vehicles, or engaged in any other business involving the repossession of motor vehicles shall fail to notify the Police Division of any repossession of motor vehicles and to give such additional information as may be required within one (1) hour after repossession of any motor vehicle, when the same is taken without the owner’s consent or knowledge. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

Codified Ordinances of Cleveland § 435.14 Reporting Unclaimed Motor Vehicles

§ 435.14 Reporting Unclaimed Motor Vehicles No person engaged in the business of operating a garage or parking space or lot, or renting space for the parking or storing of four (4) or more motor vehicles, or engaged in the business of repairing motor vehicles, parts and accessories shall fail to report to the Police Division when any motor vehicle has remained in his, her or its possession and is unclaimed for more than fifteen (15) days, except where the same has been parked or placed in storage by police order. However, nothing herein shall apply where arrangements have been made for continuous storage or parking and where the owner of the motor vehicle so parked or stored is personally known to the owner or operator of such garage, parking lot or space, so that the name and address of such owner can be furnished upon request of any member of the Police Division. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

Codified Ordinances of Cleveland § 435.15 Stopping After Accident upon Streets; Collision with Unattended Vehicle

§ 435.15 Stopping After Accident upon Streets; Collision with Unattended Vehicle (a) (1) In case of accident to or collision with persons or property upon any of the public roads or highways, due to the driving or operation thereon of any motor vehicle, the person driving or operating the motor vehicle, having knowledge of the accident or collision, immediately shall stop the driver's or operator's motor vehicle at the scene of the accident or collision and shall remain at the scene of the accident or collision until the driver or operator has given the driver's or operator's name and address and, if the driver or operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to any person injured in the accident or collision or to the operator, occupant, owner or attendant of any motor vehicle damaged in the accident or collision, or to any police officer at the scene of the accident or collision. (2) In the event the injured person is unable to comprehend and record the information required to be given by this section, the other driver involved in the accident or collision forthwith shall notify the nearest police authority concerning the location of the accident or collision, and the driver's name, address and the registered number of the motor vehicle the driver was operating, and then remain at the scene of the accident or collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance. (3) If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle. (b) (1) Whoever violates division (a) of this section is guilty of failure to stop after an accident, a misdemeanor of the first degree. If the accident or collision results in serious physical harm or death to a person, failure to stop after an accident is a felony to be prosecuted under appropriate state law. The court, in addition to any other penalties provided by law, shall impose upon the offender a class five (5) suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in RC 4510.02(A)(5). No judge shall suspend the first six (6) months of suspension of an offender's license, permit or privilege required by this division. (2) The offender shall provide the court with proof of financial responsibility as defined in RC 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to RC 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000.00) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the motor vehicle before, during, or after committing the offense charged under this section. (RC 4549.02; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.16 Stopping After Accident upon Property Other Than Streets

§ 435.16 Stopping After Accident upon Property Other Than Streets (a) (1) In case of accident or collision resulting in injury or damage to persons or property upon any public or private property other than public roads or highways, due to the driving or operation thereon of any motor vehicle, the person driving or operating the motor vehicle, having knowledge of the accident or collision, shall stop, and, upon request of the person injured or damaged, or any other person, shall give that person the driver's or operator's name and address, and, if the driver or operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, and, if available, exhibit the driver's or operator's driver's or commercial driver's license. (2) If the owner or person in charge of such damaged property is not furnished this information, the driver of the motor vehicle involved in the accident or collision, within twenty-four (24) hours after the accident or collision, shall forward to the Police Division the same information required to be given to the owner or person in control of the damaged property and give the date, time and location of the accident or collision. (3) If such accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle. (b) (1) Whoever violates division (a) of this section is guilty of failure to stop after a nonpublic road accident, a misdemeanor of the first degree. If the accident or collision results in serious physical harm or death to a person, failure to stop after a nonpublic road accident is a felony to be prosecuted under appropriate state law. The court, in addition to any other penalties provided by law, shall impose upon the offender a class five (5) suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license or nonresident operating privilege from the range specified in RC 4510.02(A)(5). No judge shall suspend the first six (6) months of suspension of an offender's license, permit or privilege required by this division. (2) The offender shall provide the court with proof of financial responsibility as defined in RC 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to RC 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000.00) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the motor vehicle before, during, or after committing the offense charged under this section. (RC 4549.021; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Codified Ordinances of Cleveland § 435.17 Vehicle Accident Resulting in Damage to Realty

§ 435.17 Vehicle Accident Resulting in Damage to Realty (a) (1) The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to such real property, legally upon or adjacent to a public road or highway immediately shall stop and take reasonable steps to locate and notify the owner or person in charge of such property of that fact, of the driver's name and address, and of the registration number of the vehicle the driver is driving and, upon request and if available, shall exhibit the driver's driver's or commercial driver's license. (2) If the owner or person in charge of the property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to the property within twenty-four (24) hours after such accident, shall forward to the Police Division the same information required to be given to the owner or person in control of the property and give the location of the accident and a description of the damage insofar as it is known. (b) (1) Whoever violates division (a) of this section is guilty of failure to stop after an accident involving the property of others, a misdemeanor of the first degree. (2) The offender shall provide the court with proof of financial responsibility as defined in RC 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to RC 2929.28 in an amount not exceeding five thousand dollars ($5,000.00) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the motor vehicle before, during, or after committing the offense charged under this section. (RC 4549.03; Ord. No. 1280-15. Passed 4-24-17, eff. 4-25-17)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-23111Fetched: 11/1/2026