(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis, of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(b) No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age.
(c) No person shall operate a vehicle within the Municipality, in violation of Section 434.01(a) of the Traffic Code, or of Ohio R.C. 4511.19(A), when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this subsection and a violation of Section 434.01(a) of the Traffic Code, or of Ohio R.C. 4511.19(A), that constitutes the basis of the charge of the violation of this subsection. For purposes of Section 434.01(f) of the Traffic Code, Ohio R.C. 4511.191 and all related provisions of law, a person arrested for a violation of this subsection shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine.
As used in this subsection, “vehicle” has the same meaning given in Section 402.53 of the Traffic Code and in Ohio R.C. 4511.01.
(d) Whoever violates subsection (a) or (b) hereof is guilty of endangering children, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02, provided that such violation does not result in serious physical harm to the child involved, and provided that the offender has not previously been convicted of an offense under this section or of any offense involving neglect, abandonment, contributing to the delinquency, or physical abuse, of a child.
(e) Whoever violates subsection (c) hereof is guilty of endangering children, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02, provided that such violation does not result in serious physical harm to the child involved, and provided that the offender has not previously been convicted of an offense under this section, of an offense involving neglect, abandonment, contributing to the delinquency, or physical abuse, of a child, or of a violation of Section 434.08 of the Traffic Code, Ohio R.C. 2903.06, 2903.07 or 2903.08, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in Section 2903.04(D).
(f) In addition to any term of imprisonment, fine or other sentence, penalty or sanction it imposes upon the offender pursuant to subsection (e) hereof, or pursuant to any other provision of law, for a violation of subsection (c) hereof, the court may also impose upon the offender one or both of the following sanctions:
(1) It may require the offender, as part of the offender's sentence and in the manner described in subsection (h) hereof, to perform not more than 200 hours of supervised community service work under the authority of any agency, political subdivision or charitable organization of the type described in Ohio R.C. 2951.02(F)(1), provided that the court shall not require the offender to perform supervised community service work under this paragraph unless the offender agrees to perform the supervised community service work.
(2) It may suspend the driver's or commercial driver's license or permit or nonresident operating privilege of the offender for up to ninety days, in addition to any suspension or revocation of the offender's driver's or commercial driver's license or permit or nonresident operating privilege under Ohio R.C. Chapter 4506, 4507, 4509 or 4511 or under any other provision of law.
(g) In addition to any term of imprisonment, fine or other sentence, penalty or sanction imposed upon the offender pursuant to subsection (e) hereof, or pursuant to any other provision of law, for a violation of subsection (c) hereof, if, as part of the same trial or proceeding, the offender is also convicted of or pleads guilty to a separate charge of violating Section 434.01(a) of the Traffic Code, or Ohio R.C. 4511.19(A), that was the basis of the charge of violating subsection (c) hereof, the offender shall also be sentenced, in accordance with Section 434.01(j) and (k) of the Traffic Code, for that violation of Section 434.01(a) of the Traffic Code, and in accordance with Ohio R.C. 4511.99, for that violation of Ohio R.C. 4511.19(A), and shall also be subject to all other sanctions that are required or authorized by any provision of law for that violation of Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A).
(h) If a court, pursuant to paragraph (f)(1) hereof, requires an offender to perform supervised community service work under the authority of an agency, subdivision or charitable organization, the requirement shall be part of the community control sanction or sentence of the offender, and the court shall impose the community service in accordance with and subject to the provisions of this subsection. The court may require an offender whom it requires to perform supervised community service work as part of the offender's community control sanction or sentence to pay the court a reasonable fee to cover the costs of the offender's participation in the work, including, but not limited to, the costs of procuring a policy or policies of liability insurance to cover the period during which the offender will perform the work. If the court requires the offender to perform supervised community service work as part of the offender's community control sanction or sentence, the court shall do so in accordance with the following limitations and criteria:
(1) The court shall require that the community service work be performed after completion of the term of imprisonment imposed upon the offender for the violation of subsection (c) hereof, if applicable.
(2) The supervised community service work shall be subject to the limitations set forth in Ohio R.C. 2951.02(F)(1)(a) to (c).
(3) The community service work shall be supervised in the manner described in Ohio R.C. 2951.02(F)(1)(d) by an official or person with the qualifications described in that paragraph. The official or person shall periodically report in writing to the court concerning the conduct of the offender in performing the work.
(4) The court shall inform the offender in writing that if the offender does not adequately perform, as determined by the court, all of the required community service work, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of subsection (c) hereof, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in Ohio R.C. 2949.08 and 2967.191, and that, if the court orders that the offender be so committed, the court is authorized, but not required, to grant the offender credit upon the period of the commitment for the community service work that the offender adequately performed.
(i) If a court, pursuant to paragraph (f)(1) and subsection (h) hereof, orders an offender to perform community service work as part of the offender's community control sanction or sentence, and if the offender does not adequately perform all of the required community service work, as determined by the court, the court may order that the offender be committed to a jail or workhouse for a period of time that does not exceed the term of imprisonment that the court could have imposed upon the offender for the violation of subsection (c) hereof, reduced by the total amount of time that the offender actually was imprisoned under the sentence or term that was imposed upon the offender for that violation and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in Ohio R.C. 2949.08 and 2967.191. The court may order that a person committed pursuant to subsection (h) hereof or this subsection shall receive hour- for-hour credit upon the period of the commitment for the community service work that the offender adequately performed. No commitment pursuant to subsection (h) hereof or this subsection shall exceed the period of the term of imprisonment that the sentencing court could have imposed upon the offender for the violation of subsection (c) hereof, reduced by the total amount of time that the offender actually was imprisoned under that sentence or term and by the total amount of time that the offender was confined for any reason arising out of the offense for which the offender was convicted and sentenced as described in Ohio R.C. 2949.08 and 2967.191.
(j) Paragraph (f)(1) and subsections (h) and (i) hereof do not limit or affect the authority of the court to suspend the sentence imposed upon a misdemeanor offender and place the offender on probation or otherwise suspend the sentence pursuant to Ohio R.C. 2929.51 and 2951.02, to require the misdemeanor offender, as a condition of the offender's probation or of otherwise suspending the offender's sentence, to perform supervised community service work in accordance with Ohio R.C. 2951.02(F), or to place a felony offender under a community control sanction.
(k) (1) If a court suspends an offender's driver's or commercial driver's license or permit or nonresident operating privilege under paragraph (f)(2) hereof, the period of the suspension shall be consecutive to, and commence after, the period of suspension or revocation of the offender's driver's or commercial driver's license or permit or nonresident operating privilege that is imposed under Ohio R.C. Chapter 4506, 4507, 4509 or 4511, or under these Codified Ordinances, or under any other provision of law in relation to the violation of subsection (c) hereof that is the basis of the suspension under paragraph (f)(2) hereof, or in relation to the violation of Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A), that is the basis for that violation of subsection (c) hereof.
(2) An offender is not entitled to request, and the court shall not grant to the offender, occupational driving privileges under this subsection if the offender's license, permit or privilege has been suspended under paragraph (f)(2) hereof, and the offender, within the preceding seven years, has been convicted of or pleaded guilty to three or more violations of one of the following:
A. Subsection (c) hereof;
B. Ohio R.C. 4511.19(A) or (B);
C. A municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
D. A municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine;
E. Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in Ohio R.C. 2903.04(D);
F. Ohio R.C. 2903.06(A)(1), 2903.08(A)(1) or a municipal ordinance that is substantially similar to either of those provisions;
G. Ohio R.C. 2903.06(A)(2), (3) or (4), Ohio R.C. 2903.08(A)(2), or former Ohio R.C. 2903.07, or a municipal ordinance that is substantially similar to any of such provisions, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; or
H. A statute of the United States or of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to Ohio R.C. 4511.19(A) or (B).
(3) Any other offender who is not described in this subsection and whose license, permit or nonresident operating privilege has been suspended under paragraph (f)(2) hereof may file with the court that sentenced the offender a petition alleging that the suspension would seriously affect the offender's ability to continue employment. Upon satisfactory proof that there is reasonable cause to believe that the suspension would seriously affect the offender's ability to continue employment, the court may grant the offender occupational driving privileges during the period during which the suspension otherwise would be imposed, except that the court shall not grant occupational driving privileges for employment as a driver of commercial motor vehicles to any person who is disqualified from operating a commercial motor vehicle under Ohio R.C. 2301.374 or 4506.16.
(l) If a person violates subsection (c) hereof, and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations.
(m) If a person is convicted of or pleads guilty to a violation of subsection (c) hereof, but the person is not also convicted of and does not also plead guilty to a separate charge of violating Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A), that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply:
(1) For purposes of the provisions of Section 434.01(j) and (k) of the Traffic Code and Ohio R.C. 4511.99, that set forth the penalties and sanctions for a violation of Section 434.01(a) of the Traffic Code and Ohio R.C. 4511.19(A), respectively, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A).
(2) For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A), and that is not described in paragraph (m)(1) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A).
(n) If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person is also convicted of or pleads guilty to a separate charge of violating Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A), that was the basis of the charge of violating subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A), a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code or Ohio R.C. 4511.19(A).
(o) As used in this section, “community control sanction” has the same meaning as in Ohio R.C. 2929.01. (ORC 2919.22)