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(a) For the purposes of this section, “junk motor vehicle” means any unlicensed motor vehicle, or any motor vehicle meeting the requirements of Ohio R.C. 4513.63(B) to (E) as follows: a motor vehicle that is left uncovered in the open on private property for more than seventy-two (72) hours with the permission of the person having the right to the possession of the property; that is three (3) years old or older; that is extensively damaged, such damage including but not limited to missing wheels, tires, motor, or transmission; that is apparently inoperable; and that has a fair market value of $1,500.00 or less. Portions of junk cars, such as hood, fenders, radiators, rims, motors and the like, not being utilized for the repair of a motor vehicle shall be considered junk.
An “unlicensed motor vehicle” means a motor vehicle as defined in Ohio R.C. 4501.01, including passenger automobiles, trucks, automotive reconversion units, trailers or motorcycles, which do not display a current and valid license plate with current sticker attached to the vehicle as required by Ohio R.C. 4503.21.
Exceptions include a person who is operating a junk yard or scrap metal processing facility licensed under authority of Ohio R.C. 4737.05 to 4737.12; or a person who is regulated under authority of the Municipality; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector’s vehicle.
Persons may store or keep by unrestricted method any collector’s vehicle as defined in Ohio R.C. 4501.01(F) on private property with the permission of the person having the right to possession of the property; except that such person having such permission shall conceal, by means of buildings, fences, vegetation, terrain or other suitable obstruction, any unlicensed collector’s vehicle stored in the open.
Council, the chief of a law enforcement agency, a state highway patrol trooper or the Municipal Zoning Authority, may send notice by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure or shall be removed from the property.
No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten (10) days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice. Each subsequent period of thirty (30) days that a junk motor vehicle continues to be so left constitutes a separate offense.
(b) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor on a first offense. If the offender previously has been convicted of or pleaded guilty to one violation of this section, whoever violates this section is guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, whoever violates this section is guilty of a misdemeanor of the third degree. (Ord. 2008-08. Passed 7-15-08.)
(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)