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§ 70.24 TRAFFIC-CONTROL FILE.
   (A)   There is established a traffic-control file which shall be prepared and kept to date by the Police Department, and maintained in the Police Department. The file shall constitute the permanent and official record of through streets, stop intersections, one-way streets, loading zones, prohibited and limited parking areas, and parking meter zones.
   (B)   The traffic-control file existing as of the date of passage of this section is incorporated as part of this traffic code.
   (C)   The traffic-control file shall include the following information:
      (1)   Type of traffic-control designation;
      (2)   Complete description of the street or area affected;
      (3)   Number of ordinance authorizing designation;
      (4)   Effective date of ordinance;
      (5)   Date proper signs and markings were erected; and
      (6)   Date recorded on traffic-control map.
§ 70.25 AMENDMENTS TO MAP AND FILE.
   Amendments to the traffic-control map and the traffic-control file may be made by the City Manager and by City Council's legislation. On the effective date of such legislation and on the erection of proper signs and markings giving notice thereof, amendments shall be in full force and effect. All such amendments shall be recorded on the official traffic-control map and the official traffic-control file.
ENFORCEMENT
§ 70.30 CITATION TAGS.
   The City Manager is hereby authorized and directed to supply police officers with citation tags for the purpose of giving notice to persons violating any provisions of the traffic code or of other laws or ordinances affecting the use of the highways. Notice may be given by delivering the tag to the violator or by affixing it to the vehicle by means of which the violation occurred. The citation tag shall direct the violator to appear and to present such tag at a designated office in the municipality at or before a date and hour specified thereon. Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him into custody.
(Ord. 23-1961, passed 10-3-61)
§ 70.31 REGISTRATION OF CITATION TAGS.
   It shall be unlawful for any person charged with violating any of the provisions of the ordinances relating to traffic to present a citation tag or to file a written plea of guilty under a name other than his correct and true name.
(Ord. 23-1961, passed 10-3-61)
§ 70.32 WRITTEN PLEAS.
   (A)   Any person who has received a citation tag notifying him of a violation of any provision of any of the sections of the traffic code set forth in this section may upon presenting such citation tag file written plea of guilty with the City Clerk and deposit with him an amount as set forth in the schedule of fines and costs established and published by the court.
   (B)   The court shall have power to accept the plea, or to reject it and hold the case for trial. If the plea is accepted, the penalty deposit shall be paid to the court, and the court shall have no power to remit or suspend it or any part of it.
(Ord. 23-1961, passed 10-3-61)
§ 70.99 PENALTY.
   (A)   Whoever violates any provision of this traffic code for which no penalty otherwise is provided in the section violated is guilty of one of the following:
      (1)   Except as otherwise provided in division (A)(2) or (A)(3) of this section, a minor misdemeanor;
      (2)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of the fourth degree;
      (3)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
(R.C. § 4511.99)
   (B)   Violations committed while distracted.
      (1)   As used in this section and each section referenced in division (B)(2) of this section, all of the following apply:
         (a)   "Distracted" means doing either of the following while operating a vehicle:
            1.   Using a handheld electronic wireless communications device, as defined in R.C. § 4511.204, except when utilizing any of the following:
               a.   The device's speakerphone function;
               b.   A wireless technology standard for exchanging data over short distances;
               c.   A "voice-operated or hands-free" device that allows the person to use the electronic wireless communications device without the use of either hand except to activate, deactivate, or initiate a feature or function;
               d.   Any device that is physically or electronically integrated into the motor vehicle.
            2.   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.
         (b)   "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 R.C. § 4511.84, or any substantially equivalent municipal ordinance.
         (c)   "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 this division (B)(1)(c):
            UTILITY means an entity specified in R.C. § 4905.03(A), (C), (D), (E), or (G).
            UTILITY SERVICE VEHICLE means a vehicle owned or operated by a utility.
      (2)   If an offender violates R.C. §§ 4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73, or any substantially equivalent municipal ordinance, 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 R.C. § 2929.28, is subject to an additional fine of not more than $100 as follows:
         (a)   1.   Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Ohio Revised Code, or any substantially equivalent municipal ordinance, 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 $100.
            2.   In lieu of payment of the additional fine of $100, 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 $100, so long as the offender submits to the court both the offender's payment in full and such written evidence.
         (b)   1.   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 $100.
            2.   If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (B)(2)(a) 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 $100, so long as the offender submits to the court the offender's payment and such written evidence.
(R.C. § 4511.991)
   (C)   Whoever is convicted of or pleads guilty to a misdemeanor or minor misdemeanor shall be sentenced in accordance with § 130.99.
   (D)   No refunds will be made if the amount claimed equals $5 or less. The foregoing not withstanding, the city manager is granted the discretionary authority to order a refund, including but not limited to an amount of $5 or less, where deemed to be reasonable and appropriate. (Am. Ord. 03-2006, passed 3-6-06)
Statutory reference:
   Electronically monitored house arrest, detention, and early release, see R.C. § 2929.23
   Reimbursement for costs of confinement, see R.C. §§ 2929.35 et seq.
   Where imprisoned related to offense, see R.C. § 2929.221