Motorists driving in Lorain with smoked-out windows in their vehicles can expect to get hammered in court if they are pulled over by police for driving with the blackened glass two times or more within a 12-month period.
Lorain City Council voted 9-0 at its June 20 meeting to amend the ordinance for the “use of sunscreening, nontransparent and reflectorized materials on vehicles.”
The amendment increases the second offense from a minor misdemeanor, which is punishable with up to a $150 fine, to a fourth-degree misdemeanor, which carries a possible punishment of a $250 fine and 30 days in jail.
Mayor Jack Bradley said increasing the penalty was important because the blacked-out windows create a safety issue for police officers approaching cars during traffic stops at night.
Tinted windows in those conditions make it nearly impossible to see what the motorist is doing in the car as the officer approaches, Bradley said.
Lorain Municipal Judge Mark J. Mihok in a meeting with Bradley suggested increasing the penalty after seeing a segment on a TV newscast that described a situation where police officers approached a car with tinted windows and the person in the car had a gun.
“Judge Mihok said we have to protect our police officers, so can you put some teeth into the tinted window ordinance so that if somebody comes in a second time or third time after they’ve already been warned … I want to be able to put them in jail,” Bradley said.
In light that Ohio’s open-carry laws changed recently, made it even more of a priority to change the law, he said.
“Everybody and their brother who’s not under a disability, can carry a firearm whenever they want,” Bradley said.
“This Ordinance is necessary for the health, safety, and general welfare of the citizenry and police officers from potentially bad actors concealed behind noncompliant windshields or windows. It is the desire of the City of Lorain to increase the penalty for those bad actors who repeat this offense within a twelve (12) month period of time,” according to information about the proposed amendment included in the June 20 city council agenda.
Bradley, who also worked as a defense attorney, said the amendment makes sense.
“I think that is a good measure and I appreciate that Judge Mihok came up to speak to me about it,” Bradley said.
Police Chief Jim McCann also is on board with the amended ordinance, Bradley said.
In Ohio, according to tinting-laws.com, non-reflective tint is permitted on the top 5 inches of a car’s windshield; Tint allowing at least 50 percent light is permitted on driver and passenger side windows, while a full tint is allowed on rear and back windows.
The percentage of light allowed into a car is known as visible light transmission or VLT.
The amended ordinance likely will find critics who have urged police departments across the country to cut down on traffic stops.
