(A) Whoever violates § 94.01 is guilty of a misdemeanor of the fourth degree.
('80 Code, § 521.01(b))
(B) Whoever violates § 94.02 is guilty of a misdemeanor of the first degree.
(R.C. § 3701.99(B)) ('80 Code, § 521.02(k))
('80 Code, §§ 521.03(d), 521.05(b), 521.08(g), 521.10(d), 521.11(h), 521.12(b)) (Am. Ord. 29-98, passed 5-4-98)
(D) Whoever violates any provision of § 94.05(B) through (V) or § 94.06 is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this division require a person who violates § 94.05(B) to (V) to remove litter from any public or private property, or in or on any waters.
('80 Code, §§ 521.08(f), 521.09(b)) (Am. Ord. 29-98, passed 5-4-98)
(F) If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (E) of this section and has not been convicted of or pleaded guilty to a violation of any provision of §§ 94.10 through 94.18, a fine of not more than $250 and up to 30 hours of community service.
(G) (1) If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (E) of this section and been convicted of or pleaded guilty to one violation of any provision of §§ 94.10 through 94.18, a fine of not more than $500 and up to 30 hours of community service.
(2) If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (E) of this section and been convicted of or pleaded guilty to two or more violations of any provision of §§ 94.10 through 94.18, a fine of not more than $1,000 and up to 30 hours of community service.
(H) If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (E) of this section and has not been convicted of or pleaded guilty to a violation of any provision of §§ 94.10 through 94.18, a fine of not more than $250 and up to 30 hours of community service.
(I) If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (E) of this section and been convicted of or pleaded guilty to one violation of any provision of §§ 94.10 through 94.18, a fine of not more than $500 and up to 30 hours of community service.
(J) If, within one year of the offense, the individual or proprietor previously has been issued a warning letter pursuant to division (E) of this section and been convicted of or pleaded guilty to two or more violations of any provision of §§ 94.10 through 94.18, a fine of not more than $1,000 and up to 30 hours of community service.
(K) It is an affirmative defense for the proprietor to any charge under § 94.11(C) if the violation does not occur on or within the property boundaries of the proprietors public place or place of employment.
(Ord. 52-04, passed 11-15-04)
Statutory reference:
Penalty for nuisances, see R.C. 3767.99