(a) Fines. In addition to other penalties and sanctions provided, whoever violates these Codified Ordinances shall be subject to the following fines unless other penalties are specified in the Code section violated:
(1) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not less than fifty dollars ($50.00) and not more than one hundred and fifty dollars ($150.00).
(2) Whoever is convicted of or pleads guilty to a misdemeanor of the fourth degree shall be fined not less than seventy-five dollars ($75.00) and not more than two hundred and fifty dollars ($250.00).
(3) Whoever is convicted of or pleads guilty to a misdemeanor of the third degree shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
(4) Whoever is convicted of or pleads guilty to a misdemeanor of the second degree shall be fined not less than one hundred and fifty dollars ($150.00) and not more than seven hundred and fifty dollars ($750.00).
(5) Whoever is convicted of or pleads guilty to a misdemeanor of the first degree shall be fined not less than one hundred seventy-five dollars ($175.00) and not more than one thousand dollars ($1,000).
(b) Jail. In addition to other penalties and sanctions provided, whoever violates these Codified Ordinances shall be subject to the following jail terms unless other penalties are specified in the Code section violated.
(1) Whoever is convicted of or pleads guilty to a minor misdemeanor shall not be subject to a jail sentence, but may be ordered by the presiding judge to complete up to 25 hours of community service.
(2) Whoever is convicted of or pleads guilty to a misdemeanor of the fourth degree may be sentenced to up to 30 days in jail.
(3) Whoever is convicted of or pleads guilty to a misdemeanor of the third degree may be sentenced to up to 60 days in jail.
(4) Whoever is convicted of or pleads guilty to a misdemeanor of the second degree may be sentenced to up to 120 days in jail.
(5) Whoever is convicted of or pleads guilty to a misdemeanor of the first degree may be sentenced to up to 180 days in jail.
(c) Additional Sanctions. In addition to other penalties and sanctions provided, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any nonresidential sanction or combination of sanctions as follows:
(1) A term of house arrest, which may include electronic monitoring;
(2) A term of community service of up to 500 hours;
(3) A term in a drug treatment program with a level of security for the offender as determined necessary by the Court;
(4) A term of basic or intensive probation supervision or monitored time;
(5) A term of drug and/or alcohol use monitoring, which may include electronic monitoring and/or random testing;
(6) A curfew term;
(7) A requirement that the offender obtain employment;
(8) A requirement that the offender obtain education or training;
(9) A requirement that the offender obtain counseling or attend offense prevention classes designed to prevent the nature of the subject matter violation;
(10) A requirement that the offender complete an assessment for mental health, or drug or alcohol dependency or abuse;
(11) A requirement that the offender pay restitution to the victim of the offender's crime in an amount based upon the victim's economic loss;
(12) Reimbursement by the offender of any or all of the costs of sanctions incurred by the City, including, but not limited to:
A. All or part of the costs of confinement in a jail or other residential facility, including but not limited to, a per diem fee for room and board, the costs of medical and dental treatment, and the costs of repairing property damaged by the offender while confined;
B. All or part of the costs of the police investigation related to the crime, including, but not limited to, the cost of blood analysis to test the presence of drugs or alcohol, urinalysis to test the presence of drugs or alcohol, and/or chemical tests on controlled substances seized as part of the criminal investigation.
C. All or part of the costs incurred by the police department for personnel appearing for testimony on a scheduled trial date, unless otherwise prohibited by law.
(13) Forfeiture of all or any portion of evidence seized as part of the criminal investigation;
(14) A requirement that the offender refrain from any form of contact with the victim for any period of time determined to be appropriate by the presiding judge;
(15) If authorized by law, suspend the offender's privilege to operate a motor vehicle, immobilization or forfeiture of the offender's motor vehicle, require that the offender obtain a valid motor vehicle operator's license, or any other related sanction.
(d) The sentencing court may order an offender to pay supervised probation fees, and/or the costs of drug and/or alcohol use monitoring, mental health assessments, drug and/or alcohol dependency and abuse assessments, and treatment.
(e) Upon a finding of an offender's indigence, the sentencing court may substitute community service for fines by applying at least Ohio's minimum wage standard to every hour of community service.
(f) Upon violation of any term of an offender's sentence, the sentencing court is authorized to re-sentence the offender up to the maximum penalty allowed by ordinance.
(g) Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense, the sentencing court may impose on the offender any sanction or combination of sanctions under this section. The court shall not impose a sentence that imposes an unnecessary burden on local government resources.
(Ord. 3089. Passed 9-24-12.)