(A) (1) Whoever violates division (B) or (D) of § 71.13 of the municipal ordinances is guilty of driving under suspension or revocation or in violation of license restrictions, a misdemeanor of the first degree. Whoever violates division (C) of § 71.13 of the municipal ordinances is guilty of driving without paying a license reinstatement fee, a misdemeanor of the first degree. Except as otherwise provided in R.C. § 4510.31, the court may, in addition to or independent of all other penalties provided by law, suspend for a period not to exceed one year the driver’s or commercial driver’s license or permit or nonresident operating privilege of any person who pleads guilty to or is convicted of a violation of division (B), (C), or (D) of § 71.13 of the Codified Ordinances.
(2) (a) Whoever violates (D)(2) of § 71.13 is guilty of a misdemeanor of the first degree on a first offense. The court shall sentence the offender to a term of imprisonment of not less than three consecutive days and may sentence the offender to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (f) hereof, the court may sentence the offender to a term of not less than 30 consecutive days of electronically monitored house arrest as defined in R.C. § 2929.01. The period of electronically monitored house arrest shall not exceed six months. In addition, the court shall impose upon the offender a fine of not more than $1,000 and the court shall suspend for a period not to exceed one year the driver’s or commercial driver’s license or permit or nonresident operating privilege of the offender.
(b) On a second offense within five years of the first offense, the offender is guilty of a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than ten consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (f) hereof, the court may sentence the offender to a term of not less than 90 consecutive days of electronically monitored house arrest as defined in R.C. § 2929.01. The period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than $500 and not more than $2,500 and the court shall suspend for a period not to exceed one year the driver’s or commercial driver’s license or permit or nonresidence operating privilege of the offender.
(c) On a third or subsequent offense within five years of the first offense, the offender is guilty of a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than 30 consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this section but subject to division (f) hereof, the court may sentence the offender to a term of imprisonment of 15 consecutive days followed immediately by not less than 55 consecutive days of electronically monitored house arrest as defined in R.C. § 2929.01. The 15 consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than $500 and not more than $2,500, and the court shall suspend for a period not to exceed one year the driver’s or commercial driver’s license or permit or nonresidence operating privilege of the offender.
(d) Fifty percent of any fine imposed by court under this section shall be deposited into the indigent drivers alcohol treatment account of that court, created by the county or the municipality pursuant to R.C. § 4511.191(F)(2)(c).
(e) The court shall, in addition to or independent of all other penalties provided by law, order the immobilization of the vehicle that the offender was operating at the time of the violation. The period of immobilization ordered by a court under this division shall be as follows:
1. If the offender has not been convicted of or pleaded guilty to a violation of § 71.13(D)(2) or R.C. § 4507.02, the period of immobilization shall be for 30 days;
2. If the offender has been convicted of or pleaded guilty to one violation of § 71.13 (D)(2) or R.C. § 4507.02, the period of immobilization shall be for 60 days;
3. If the offender has been convicted of or pleaded guilty to two or more violations of § 71.13(D)(2) or R.C. § 4507.02, the period of immobilization shall be for 90 days.
4. Any vehicle ordered immobilized under this section shall be immobilized at the residence of the owner of the vehicle or at the location where the owner regularly parks the vehicle.
(f) No court shall impose the alternative sentence of not less than 30 consecutive days of electronically monitored house arrest permitted to be imposed by division (a) hereof, the alternative sentence of a term of not less than 90 consecutive days of electronically monitored house arrest permitted to be imposed by division (b) hereof, or the alternative sentence of a term of imprisonment of 15 consecutive days followed immediately by not less than 55 consecutive days of electronically monitored house arrest permitted to be imposed pursuant to division (c) hereof, unless both of the following conditions apply:
1. The offense for which the offender is sentenced occurs prior to July 1, 1993;
2. Within 60 days of the date of sentencing, the court issues a written finding, entered into the record, that due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon him or her, the offender will not be able to commence serving his or her term of imprisonment within the 60 day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by division (a), (b), or (d) hereof.
(g) An offender sentenced under this section to a period of electronically monitored house arrest shall be permitted work release during such period. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and his or her home or other place specified by the sentencing court and the time actually spent under employment.
(3) Whoever violates § 71.13(A)(1) to (3) herein by operating a motor vehicle when his or her driver’s or commercial driver’s license has been expired for no more than six months is guilty of a minor misdemeanor.
(4) Except as otherwise provided herein, whoever violates any provision of § 71.13 is guilty of a misdemeanor of the first degree.
(Ord. 5213, passed 10-15-1990)
(B) Whoever violates any provision of this chapter for which another penalty is not provided shall be fined not more than $500 or imprisoned not more than six months, or both.
(C) Whoever violates § 71.20 is guilty of a misdemeanor of the fourth degree.
(Ord. 4163, passed 11-16-1981; Am. Ord. 4748, passed 3-2-1987)