Loading...
(a) Definitions. The following terms have the following meanings:
“Junk vehicle” or “junk motor vehicle” means any vehicle or motor vehicle including, but not by way of limitation, automobile, car, truck, construction equipment, recreational vehicle, trailers and/or any part(s) thereof, which is or are:
(1) Extensively damaged, such damage includes, but is not limited to, missing wheels, tires, engine, engine components, transmission, structural damage, extensive or significant nonstructural exterior/interior damage; and/or
(2) Inoperable or operable in an unsafe condition as evidenced by, but not by way of limitation, no valid vehicle or motor vehicle license plate or similar identifying device issued by the County of Ashtabula or State of Ohio; flat tires; missing engine or engine components; any other condition which would result in the vehicle or motor vehicle being in violation or Ohio R.C. 4513.02 regarding safe vehicles.
(b) Prohibitions.
(1) No person, corporation or legal entity owning, leasing, residing in, or at, or otherwise having possession or control of real property within the corporate limits of Ashtabula, or owner of any junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle or component thereof, shall allow a junk vehicle or motor vehicle, or any part thereof, to remain in the open and public view on such real property.
(2) No person, corporation, or legal entity owning, leasing, residing in or at, or otherwise having possession or control of real property that is a bona fide component of a bona fide commercial operation within the corporate limits of Ashtabula, shall allow a junk vehicle or motor vehicle, or any part thereof, that is a bona fide component or part of said bona fide commercial enterprise, to remain in the open and public view on such real property for more than thirty consecutive days.
(c) Investigation by the City. The City Manager or the City Manager’s designee shall, upon completion of an investigation, which shall include the taking of photographs depicting the junk or improperly/unlicensed vehicle or motor vehicle, determine whether or not subsection (b) hereof has been violated. In the event there is probable cause to believe a violation of subsection (b) hereof has occurred, the City Manager or his designee may issue a summons and citation to the responsible person(s), corporation(s) or legal entity or entities responsible for the purpose of initiating, in the Municipal Court, the appropriate misdemeanor judicial procedure regarding the same.
(d) Removal by the City. In addition to the procedure provided for in subsection (c) hereof, the City Manager or the City Manager’s designee may, after determining probable cause exists to believe a violation of subsection (b) hereof has occurred, initiate the following procedure against the person, corporation or legal entity owning the subject vehicle, motor vehicle or component(s) thereof or against the person, corporation or legal entity owning, leasing, residing in or at, or otherwise having possession or control of the real property upon which the same is/are located to insure the junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle, or any components thereof are properly removed:
(1) A “Notice of Violation” shall be provided to such person, corporation or legal entity advising said person, corporation or legal entity of the violation of the within section. The “Notice of Violation” shall advise such person, corporation or legal entity that he, she or it is in violation of the within section. In addition, the “Notice of Violation” shall contain language instructing the responsible person, corporation or legal entity that the junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle or any component thereof must, within seventy-two hours of the “Notice of Violation” being delivered, be removed from the real property at or upon which it is located to another legal location. The “Notice of Violation” may be delivered to such person, corporation or legal entity by U.S. certified mail, return receipt requested or by residential service or by personal service. In the event the delivery of the “Notice of Violation” sent via U.S. certified mail service is returned and marked either “refusal” or “unclaimed” or is otherwise not received by the person, corporation or legal entity to whom or which it was sent, service of the “Notice of Violation” may be accomplished via First Class ordinary U.S. mail, postage prepaid. In that event a Certificate of Mailing shall be secured by the City for the purpose of showing successful service.
(2) In the event the name and/or mailing address of the person, corporation or legal entity of the subject real property is unknown or unavailable, delivery of the within “Notice of Violation” will be satisfied through the publication of the same once in a newspaper of general circulation within the County.
(3) In the event the subject junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle or any component thereof is not properly removed from the real property within seventy-two hours of the “Notice of Violation” being delivered, the City may, through the City Manager or the City Manager’s designee, cause the same to be removed and properly “scrapped” or discarded with all costs relating thereto being assessed against the responsible person, corporation or legal entity.
(e) Right of Entry. The City Manager or the City Manager’s designee, including any contracting agent or agency of the City or an employee of said contracting agency, or any agency, or any other person, corporation, or legal entity retained or designated by the City Manager or the City Manager’s designee, is hereby expressly authorized to enter upon private property for the purpose of reinforcing the provisions of this section. No person shall interfere, hinder or refuse to allow the aforementioned individuals or agencies to enter upon private property for the purposes prescribed in this section. Any person, corporation or legal entity to whom notice was delivered pursuant to subsection (d) hereof, shall have the right to remove any vehicle, motor vehicle or component thereof in accordance with such “Notice of Removal”, at his or her own expense, at any time prior to the arrival of any of the aforementioned individuals or agencies.
(f) Fee/Charge from any Individual or Corporate Towing Company and Storage/Impound Facility. Any fees or charges assessed or incurred by the enforcement of this section shall be assessed against and incurred by the owner of such vehicles, motor vehicles and/or parts/components thereof; or person, corporation or legal entity in lawful possession or control of the private property upon which such vehicles, motor vehicles and/or components thereof are located.
(g) Penalty. Whoever violates subsection (b) hereof is guilty of a misdemeanor and shall be fined five hundred dollars ($500.00). Each day subsection (b) hereof is violated shall be considered a separate offense. Each separate vehicle, motor vehicle and/or part/component thereof found to be located in violation of subsection (b) hereof shall constitute a separate offense.
(Ord. 2006-82. Passed 6-19-06.)
(a) No person shall knowingly present, display or orally communicate a false name, social security number or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4513.361)
(a) General Misdemeanor Classifications. Whoever violates any provision of this Traffic Code for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor.
(ORC 4513.99)
(b) Penalties. Whoever is convicted of or pleads guilty to a violation of this Traffic Code shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
Classification of Misdemeanor | Maximum Term of Imprisonment | Maximum Fine |
First degree | 180 days | $1,000.00 |
Second degree | 90 days | 750.00 |
Third degree | 60 days | 500.00 |
Fourth degree | 30 days | 250.00 |
Minor | No imprisonment | 150.00 |
(ORC 2929.24; 2929.28)
(a) As used in this section and each section of the Traffic Code where specified, all of the following apply:
(1) “Distracted” means doing either of the following while operating a vehicle:
A. Using an electronic wireless communications device, as defined in Ohio R.C. 4511.204, in violation of that section.
B. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
(2) “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of Section 331.43.
(3) “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage or a circumstance affecting the health or safety of individuals.
As used in subsection (a)(3) of this section:
A. “Utility” means an entity specified in division (A), (C), (D), (E) or (G) of Ohio R.C. 4905.03.
B. “Utility service vehicle” means a vehicle owned or operated by a utility.
(b) If an offender violates any section of this Traffic Code which provides for an enhanced penalty for an offense committed while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding Ohio R.C. 2929.28, is subject to an additional fine of not more than one hundred dollars ($100.00) as follows:
(1) Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation or summons for a violation of any section of the Traffic Code that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of one hundred dollars ($100.00).
In lieu of payment of the additional fine of one hundred dollars ($100.00), the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of one hundred dollars ($100.00), so long as the offender submits to the court both the offender’s payment in full and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
(2) If the offender appears in person to contest the ticket, citation or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than one hundred dollars ($100.00).
If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than one hundred dollars ($100.00), the court shall inform the offender that, in lieu of payment of the additional fine of not more than one hundred dollars ($100.00), the offender instead may elect to attend the distracted driving safety course described in subsection (b)(1) of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than one hundred dollars ($100.00), so long as the offender submits to the court the offender’s payment and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
(c) If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of subsection (b) of this section that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the officer shall do both of the following:
(1) Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
(2) Ensure that such report indicates the offender’s race.
(ORC 4511.991)
CITY OF ASHTABULA