§ 33.01  JURISDICTION IN ORDINANCE CASES AND TRAFFIC VIOLATIONS.
   (A)   In all municipalities having a population of more than 200 not being the site of a municipal court nor a place where a judge sits pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor has jurisdiction, except as provided in divisions (B), (C) and (E) of this section and subject to the limitation contained in R.C. § 1905.03 and the limitation contained in R.C. § 1905.031, to hear and determine any prosecution for the violation of an ordinance of the municipality, to hear and determine any case involving a violation of a vehicle parking or standing ordinance of the municipality unless the violation is required to be handled by a parking violations bureau or joint parking violations bureau pursuant to R.C. Chapter 4521, and to hear and determine all criminal cases involving any moving traffic violation occurring on a state highway located within the boundaries of the municipality, subject to the limitations of R.C. §§ 2937.08 and 2938.04.
   (B)   (1)   In all municipalities having a population of more than 200 not being the site of a municipal court nor a place where a judge of a court sits as required pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor has jurisdiction, subject to the limitation contained in R.C. § 1905.03, to hear and determine prosecutions involving a violation of an ordinance of the municipality relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, and to hear and determine criminal causes involving a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance that occur on a state highway located within the boundaries of the municipality, subject to the limitations of R.C. §§ 2937.08 and 2938.04, only if the person charged with the violation, within ten years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
         (a)   A violation of an ordinance of any municipality relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
         (b)   A violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance;
         (c)   A violation of any ordinance of any municipality or of any section of the Ohio Revised Code that regulates the operation of vehicles upon the streets, to which all of the following apply:
            1.   The person, in the case in which the conviction was obtained or the plea of guilty was entered, had been charged with a violation of an ordinance of a type described in division (B)(1)(a) of this section, or with a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance;
            2.   The charge of the violation described in division (B)(1)(c)1. of this section was dismissed or reduced;
            3.   The violation of which the person was convicted or to which he or she pleaded guilty arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced;
         (d)   A violation of a statute of the United States or any other state or a municipal ordinance of a municipality located in any other state that is substantially equivalent to R.C. § 4511.19.
      (2)   The Mayor does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (B)(1)(a) or (B)(1)(b) of this section, regardless of where the violation occurred, if the person charged with the violation, within ten years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (B)(1)(b), (B)(1)(c), or (B)(1)(d) of this section.
      (3)   If the Mayor, in hearing a prosecution involving a violation of an ordinance of the municipality he or she serves relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, or in hearing a criminal cause involving a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance, determines that the person charged, within ten years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (B)(1)(b), (B)(1)(c), or (B)(1)(d) of this section, the Mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation charged, in accordance with R.C. § 1905.032.
   (C)   (1)   In all municipalities having a population of more than 200 not being the site of a municipal court and not being a place where a judge of a court listed in division (A) of this section sits as required pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor, subject to R.C. §§ 1901.031, 2937.08, and 2938.04, has jurisdiction to hear and determine prosecutions involving a violation of a municipal ordinance that is substantially equivalent to R.C. § 4510.14(A) or 4510.16 and to hear and determine criminal causes that involve a moving traffic violation, that involve a violation of R.C. § 4510.14(A) or 4510.16, and that occur on a state highway located within the boundaries of the municipality only if all of the following apply regarding the violation and the person charged:
         (a)   Regarding a violation of R.C. § 4510.16 or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within six years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
            1.   A violation of R.C. § 4510.16;
            2.   A violation of a municipal ordinance that is substantially equivalent to R.C. § 4510.16;
            3.   A violation of any municipal ordinance or section of the Ohio Revised Code that regulates the operation of vehicles upon the highways or streets, in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(a)1. or (C)(1)(a)2. of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
         (b)   Regarding a violation of R.C. § 4510.14(A) or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within six years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
            1.   A violation of R.C. § 4510.14(A);
            2.   A violation of a municipal ordinance that is substantially equivalent to R.C. § 4510.14(A);
            3.   A violation of any municipal ordinance or section of the Ohio Revised Code that regulates the operation of vehicles upon the highways or streets, in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(b)1. or (C)(1)(b)2. of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
      (2)   The Mayor does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(a)1. or (C)(1)(a)2. of this section if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(a)1. through (C)(1)(a)3. of this section and does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(b)1. or (C)(1)(b)2. of this section if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(b)1. through (C)(1)(b)3. of this section.
      (3)   If the Mayor, in hearing a prosecution involving a violation of an ordinance of the municipality he or she serves that is substantially equivalent to R.C. § 4510.14(A) or 4510.16 or a violation of R.C. § 4510.14(A) or 4510.16, determines that, under division (C)(2) of this section, he or she does not have jurisdiction of the prosecution, the Mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation in accordance with R.C. § 1905.032.
   (D)   If the Mayor has jurisdiction pursuant to division (B)(1) of this section to hear and determine a prosecution or criminal cause involving a violation described in division (B)(1)(a) or (B)(1)(b) of this section, the authority of the Mayor to hear or determine the prosecution or cause is subject to the limitation contained in R.C. § 1905.03(C). If the Mayor has jurisdiction pursuant to division (A) or (C) of this section to hear and determine a prosecution or criminal cause involving a violation other than a violation described in division (B)(1)(a) or (B)(1)(b) of this section, the authority of the Mayor to hear or determine the prosecution or cause is subject to the limitation contained in R.C. § 1905.031(C).
   (E)   (1)   The Mayor of a municipal corporation does not have the jurisdiction to hear and determine any prosecution or criminal cause involving any of the following:
         (a)   A violation of R.C. § 2919.25 or 2919.27;
         (b)   A violation of R.C. § 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211 that involves a person who was a family or household member of the defendant at the time of the violation;
         (c)   A violation a municipal ordinance that is substantially equivalent to an offense described in division (E)(1)(a) or (E)(1)(b) of this section and that involves a person who was a family or household member of the defendant at the time of the violation.
      (2)   The Mayor of a municipal corporation does not have the jurisdiction to hear and determine a motion filed pursuant to R.C. § 2919.26 or filed pursuant to a municipal ordinance that is substantially equivalent to that section or to issue a protection order pursuant to that section or a substantially equivalent municipal ordinance.
      (3)   As used in this section, FAMILY OR HOUSEHOLD MEMBER has the same meaning as in R.C. § 2919.25.
   (F)   In keeping his or her docket and files, the Mayor and a Mayor’s Court Magistrate appointed under R.C. § 1905.05 shall be governed by the laws pertaining to county courts.
(R.C. § 1905.01) (Rev. 2018)
Cross-reference:
    Mayor generally, see §§ 31.015 et seq.