381.99 PENALTY.
(Ord. 92-5-46. Passed 5-27-92.)
(Ord. 91-9-119. Passed 9-25-91.)
(Ord. 92-5-46. Passed 5-27-92.)
(e) Whoever violates Section 381.294 of this chapter is guilty of a misdemeanor of the fourth degree and also shall be assessed any costs incurred by the City in disposing of an abandoned junk vessel or outboard motor, less any money accruing to the City from such disposal.
(f) Whoever violates a provision of this chapter or rule adopted thereunder, for which no penalty is otherwise provided, is guilty of a minor misdemeanor.
(g) Whoever violates Section 381.11 of this chapter is guilty of a misdemeanor of the first degree and shall be punished as provided in subsection (g)(1), (2) or (3) hereof.
(1) If, within five years of the offense, the offender has not been convicted of or pleaded guilty to a violation of Ohio R.C. 1547.11, of a municipal ordinance relating to operating a vessel or manipulating any water skis, aquaplane or similar device 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 vessel or manipulating any water skis, aquaplane or similar device with a prohibited concentration of alcohol in the blood, breath or urine, or of Ohio R.C. 2903.06, or 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 court shall sentence the offender to a term of imprisonment of three consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.21 to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000).
The court may suspend the execution of the mandatory three consecutive days of imprisonment that it is required to impose by this section if the court, in lieu of the suspended term of imprisonment, places the offender on probation and requires the offender to attend, for three consecutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3720.06. The court also may suspend the execution of any part of the mandatory three consecutive days of imprisonment that it is required to impose by this section if the court places the offender on probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3720.06; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on his progress in the programs. The court may also impose any other conditions of probation on the offender that it considers necessary.
(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to a violation of Ohio R.C. 1547.11, of a municipal ordinance relating to operating a vessel or manipulating any water skis, aquaplane or similar device 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 vessel or manipulating any water skis, aquaplane or similar device with a prohibited concentration of alcohol in the blood, breath or urine, or of Ohio R.C. 2903.06 or 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 court shall sentence the offender to a term of imprisonment of ten consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.21 to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Ohio R.C. 3720.06.
(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to more than one violation of Ohio R.C. 1547.11, of a municipal ordinance relating to operating a vessel or manipulating any water skis, aquaplane or similar device 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 vessel or manipulating any water skis, aquaplane or similar device with a prohibited concentration of alcohol in the blood, breath or urine, or of Ohio R.C. 2903.06 or 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 court shall sentence the offender to a term of imprisonment of thirty consecutive days and may sentence the offender to a longer term of imprisonment of not more than one year. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Ohio R.C. 3720.06.
(4) Upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to subsection (g)(1), (2) or (3) hereof to continue his employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the three, ten or thirty consecutive days of imprisonment that the court is required by subsection (g)(1), (2) or (3) hereof to impose. No court shall authorize work release from imprisonment during the three, ten or thirty consecutive days of imprisonment that the court is required by subsection (g)(1), (2) or (3) hereof to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and the time actually spent under employment.
(5) Notwithstanding any section of the Ohio Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court shall suspend the ten or thirty consecutive days of imprisonment required to be imposed by subsection (g)(2) or (3) hereof or place an offender who is sentenced pursuant to subsection (g)(2) or (3) hereof in any treatment program in lieu of imprisonment until after the offender has served the ten or thirty consecutive days of imprisonment required to be imposed pursuant to subsection (g)(2) or (3) hereof. Notwithstanding any section of the Ohio Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court, except as specifically authorized by subsection (g)(1) hereof shall suspend the three consecutive days of imprisonment required to be imposed by subsection (g)(1) hereof or place an offender who is sentenced pursuant to subsection (g)(1) hereof in any treatment program in lieu of imprisonment until after the offender has served the three consecutive days of imprisonment required to be imposed pursuant to subsection (g)(1) hereof.
(Ord. 91-9-119. Passed 9-25-91.)
CODIFIED ORDINANCES OF HAMILTON