CHAPTER 171
Mayor's Court
   EDITOR'S NOTE: The Mayor has jurisdiction to hear and determine any prosecution for the violation of a Municipal ordinance, and has jurisdiction in all criminal causes involving moving traffic violations occurring on State highways located within the corporate limits, subject to the right of the defendant to trial by jury and before an impartial magistrate.
   Ohio R.C. 2945.17 provides that an accused has a right to be tried by a jury at any trial in any court for the violation of any Ohio statute or of any Municipal ordinance, except in cases in which the penalty involved does not exceed a fine of one hundred fifty dollars ($150.00). Ohio R.C. 2937.08 and Criminal Rule 23(A) provide that if the court in which a defendant is charged with an offense is not a court of record (the Mayor's Court), and the charge is such that a right to a jury trial exists, such matter shall not be tried before him and shall be transferred to a court of record in the County if the defendant:
   (a)    Does not waive his right to trial by jury in a serious offense case for which the penalty established by law includes confinement for more than six months, or
   (b)    Demands a jury trial in a petty offense case in which the penalty prescribed is a fine greater than one hundred fifty dollars ($150.00) and/or imprisonment for not more than six months. "Such demand must be in writing and filed with the clerk of court not less than ten days prior to the date set for trial, or on or before the third day following receipt of notice of the date set for trial, whichever is later. Failure to demand a jury trial as provided in this subdivision is a complete waiver of the right thereto."
   In Ward v. Village of Monroeville, Ohio, 93 S. Ct. 80 (1972), the United States Supreme Court held that where the mayor before whom the defendant was compelled to stand trial was responsible for municipal finances and the mayor's court provided a substantial portion of municipal revenues, defendant was denied a trial before a disinterested and impartial magistrate as guaranteed by the due process clause of the United States Constitution.
   The Supreme Court of Ohio has adopted the "Ohio Traffic Rules" which prescribe the procedure to be followed in the Mayor's Court in traffic cases. Rule 9(A) thereof states the jury demand shall be made pursuant to Criminal Rule 23 referred to above. Rule 9(B) sets forth the conditions under which the Mayor may hear a traffic case incorporating therein the holding in Ward v. Village of Monroeville as further interpreted in State, ex rel. Brockman v. Procter, 35 Ohio St. 2d 79 (1973): "Where, in a mayor's court, a defendant is entitled to a jury trial and a jury demand is made pursuant to Criminal Rule 23, the Mayor shall transfer the case pursuant to subdivision (C). If a jury demand is not made pursuant to Criminal Rule 23, and (or?) the defendant waives his right to jury trial in writing, a mayor may try the case if (1) his compensation as a judge is not directly dependent upon criminal case convictions, or (2) he is not the chief executive and administrative officer of the municipality and as such responsible for the financial condition of the municipality. Guilty and no contest pleas may be taken by any mayor including mayors whose compensation as a judge is directly dependent upon criminal case convictions and mayors who as chief executive and administrative officer of the municipality are responsible for the financial condition of the municipality."
   The procedure for transferring a case to a court of record is set forth in Rule 9(C): “Where a transfer is required, the mayor's court shall make a written order directing the defendant to appear at the transferee court, continuing the same bail, if any, and making appearance before the transferee court a condition of bail, if any. Upon transfer, the mayor's court shall transmit to the clerk of the transferee court the ticket and all other papers in the case, and any bail taken in the case. Upon receipt of such papers the clerk of the transferee court shall set the case for trial and shall notify the defendant by ordinary mail of his trial date.”
   Rule 13 provides that a court shall establish a traffic violation bureau and specifies certain restrictions as to the designated offenses and schedule of fines to be accepted as waiver payment in lieu of court appearance.
171.01    Failure to pay fine.
171.02    Failure to appear.
171.03    Power to suspend license for DUI.
 
CROSS REFERENCES
Judicial powers - see CHTR . §5.03(B)(8)
Disposition of fines and costs - see Ohio R.C. 733.40
Mayor's powers and duties - see Ohio R.C. 1905.20 et seq.
Trial - see Ohio R.C. Ch. 2938
Notification to Director of liquor law convictions - see Ohio R.C. 4301.991
Record of traffic violations - see Ohio R.C. 4513.37
 
171.01 FAILURE TO PAY FINE.
   (a)    Any person failing, in whole or in part, to pay a fine imposed by the Mayor's Court may be committed to the County Jail by the Court until such fine is paid or secured to be paid, or until the person is otherwise legally discharged. Persons so imprisoned shall receive credit upon such fine at the rate of ten dollars ($10.00) per day or fraction thereof.
   (b)    Where a fine is imposed and a defendant is given until a certain date to make payment and the defendant fails to do so, the Court may order such person committed to jail in accordance with subsection (a) hereof.
   (c)    The foregoing shall not apply to an indigent defendant.
(Ord. 26-82. Passed 8-26-82.)
171.02 FAILURE TO APPEAR.
   Whoever knowingly fails to appear for Mayor's Court shall be guilty of a misdemeanor of the first degree.
(Ord. 14-89. Passed 2-27-89.)
171.03 POWER TO SUSPEND LICENSE FOR DUI.
   The Mayor of a Mayor's Court, in addition to or independent of all other penalties provided by law or by ordinance, shall revoke the driver's or commercial driver's license or permit or nonresident operating privilege of any person who is convicted of or pleads guilty to a violation of Ohio R.C. 4511.19, of 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, or of a Municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine or suspend the license, permit, or privilege as follows:
   (a)    If the offender has not been convicted, within five years of the offense and before or after March 16, 1983, of a violation of Ohio R.C. 4511.19, of 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, of a municipal ordinance relating to operating a motor vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, or of Ohio R.C. 2903.06 or 2903.07 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 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, the Mayor shall suspend the offender's driver or commercial driver's license or permit or nonresident operating privilege for not less than ninety days nor more than three years.
   (b)   The Mayor of a Mayor's Court, in addition to or independent of all other penalties provided by law or by ordinance, may suspend the driver's or commercial driver's license or permit or nonresident operating privilege of any person who violates a requirement or prohibition of the court imposed under subsection (a) hereof or division (I)(1) of Ohio R.C. 2951.01 as follows:
      (1)   For not more than one year, upon conviction for a first violation of the requirement or prohibition.
   (c)   Any person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to subsections (a) or (b) hereof may file a petition that alleges that the suspension would seriously affect the person's ability to continue his employment. The petition shall be filed in the municipal county, mayor's or in the case of a minor, juvenile court that has jurisdiction over the place of arrest. Upon satisfactory proof that there is reasonable cause to believe that the suspension would seriously affect the person's ability to continue his employment, the judge of the court or Mayor of the Mayor's Court may grant the person occupational driving privileges during the period during which the suspension otherwise would be imposed, except that the judge or Mayor 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. 4506.16, or during any of the following periods of time:
      (1)   The first fifteen days of suspension imposed upon an offender whose license, permit or privilege is suspended pursuant to subsection (a) hereof. On the sixteenth day of suspension, the court may grant the offender occupational driving privileges, but the court may provide that the offender shall not exercise his occupational driving privileges unless the vehicles he operates are equipped with ignition interlock devices.
   (d)   After a driver's or commercial driver's license or permit or nonresident operating privilege has been suspended or revoked pursuant to this section, the Mayor of the Mayor's Court that suspended or revoked the license, permit, or privilege shall cause the offender to deliver to the court the license or permit. The judge, Mayor, or clerk of the court or Mayor's Court, if the license or permit has been suspended or revoked in connection with any of the offenses listed in this section, shall forthwith forward to the registrar the license or permit together with notice of the action of the court.
   (e)   No judge or Mayor shall suspend the first ninety days of suspension required under subsection (a) hereof. No Mayor shall suspend the revocation required by subsection (b), hereof except that the court shall credit any period of suspension imposed pursuant to Ohio R.C. 4511.191(4511.19.1) against any time of suspension imposed pursuant to subsection (b) hereof.
   (f)   The Mayor of the Mayor's Court shall credit any time during which an offender was subject to a pretrial suspension of his driver's or commercial driver's license or permit or nonresident operating privileges imposed pursuant to division (K) of Ohio R.C. 4511.191 (4511.19.1) or 4511.193 (4511.19.3) against the time to be served under a related suspension imposed pursuant to this section.
   (g)   The Mayor shall notify the Bureau of Motor Vehicles of any determinations made, and of any suspension or revocations imposed, pursuant to subsection (b) hereof.
      (Ord. 50-91. Passed 8-26-91.)