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Harrison Overview
Codified Ordinances of Harrison, OH
CODIFIED ORDINANCES OF THE CITY OF HARRISON OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 18-96
EDITOR'S NOTE
GENERAL INDEX
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   303.09 LEAVING JUNK AND OTHER VEHICLES ON PRIVATE OR PUBLIC PROPERTY WITHOUT PERMISSION OR NOTIFICATION.
   (a)   No person shall willfully leave any vehicle or an "abandoned junk motor vehicle" as defined in Ohio R.C. 4513.63 on private property for more than seventy-two hours without the permission of the person having the right to the possession of the property or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right of way of any road or highway, for forty-eight hours or longer, without notification to the chief of the law enforcement agency of the municipal corporation of the reason for leaving the motor vehicle in such place.
   For purposes of this section, the fact that a vehicle has been so left without permission or notification is prima-facie evidence of abandonment. Nothing contained in this section shall invalidate the provisions of other ordinances regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property or private property within the Municipality.
   (b)   Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the Municipality in disposing of an abandoned junk motor vehicle that is the basis of the violation, less any money accruing to the Municipality from this disposal of the vehicle. (ORC 4513.64)
   303.10 DEPOSIT OF LICENSE AS SECURITY FOR CERTAIN
       TRAFFIC OFFENSES.
   (a)   A law enforcement officer who issues a citation to a person for a minor misdemeanor offense may in addition to issuing the citation, if the minor misdemeanor offense for which the citation is issued is an act prohibited by this Traffic Code and if the person to whom the citation is issued does not reside within the jurisdiction of the court with which the officer is required to file the citation, do one of the following:
      (1)   Require the person, if he has a current valid Ohio driver's or commercial driver's license and has been notified of the alternative under division (a)(2) of this section and of the possible consequences of his actions as required under division (f) of this section, to deposit the license with the officer to serve as security to ensure the person's appearance at the time and place stated in the citation or his compliance with the payout without court appearance provisions of the City Mayor's Court, if the person chooses to do so;
      (2)   If the person does not have a current valid Ohio driver's or commercial driver's license or if the person does not agree to the deposit of his license after being notified of the possible consequences of his actions as required under division (f) of this section, bring the person before the court with which the citation is required to be filed for the setting of a reasonable security by the court pursuant to division (g) of this section.
   (b)   (1)   A person who deposits his license as security under division (a)(1) of this section shall be given a receipt for the license, which receipt shall note the date and time of the issuance of the citation, specifically identify the citation for which the deposit was required, state the time set for the appearance of the person as contained on the citation, the license number, and a statement that the license is being held as security, and be signed by the officer issuing the citation. This receipt shall serve as a valid license until the time of appearance stated on the receipt.
      (2)   A person who appears before a court to have security set under division (a)(2) of this section shall be given a receipt or other evidence of the deposit of the security by the court.
   (c)   An officer who issues a citation shall immediately file any license received as security under this section with the same court with which he is required to file the citation.
   (d)   (1)   Upon the discharge of a person who was issued a citation or upon the person's satisfaction of any judgment rendered on the citation, including compliance with all court orders, the court immediately shall return any sum of money, license, or other security deposited in relation to the citation to the person, or to any other person who deposited the security.
      (2)   Upon compliance with the payout without court appearance provisions of the City Mayor's Court by a person who was issued a citation, the clerk of the court shall notify the court. The court shall immediately return any sum of money, license, or other security deposited in relation to the citation to the person, or to any other person who deposited the security.
   (e)   (1)   If a person, who was issued a citation and deposited his license as security for future appearances or to secure satisfaction of or compliance with any judgment of the court, fails to appear at the time and place specified on the citation and fails to comply with the payout without court appearance provisions of the City Mayor's Court or fails to comply with or satisfy any judgment of the court within the time allowed by the court, the court may declare the forfeiture of the person's license. Thirty days after the declaration of forfeiture, the court shall forward the person's license to the Registrar of Motor Vehicles. The Registrar shall cancel the license and notify the person of the cancellation by certified mail at his last known address. No valid driver's or commercial driver's license shall be granted to the person for a period of one year after the cancellation, unless the court having jurisdiction of the offense that led to the cancellation requests the Registrar of Motor Vehicles to reissue the license to its original date of expiration without additional fee or to permit the person to apply for a new license.
      (2)   If the person who was issued the citation fails to appear at the time and place specified on the citation and fails to comply with the payout without court appearance provisions of the City Mayor's Court and the person has deposited a sum of money or other security in relation to the citation under division (a)(2) of this section, the deposit shall immediately be forfeited to the court.
      (3)   This section does not preclude further action such as the issuance of a supplemental citation or a warrant or summons for the arrest of the offender.
   (f)   No license shall be taken as security by an officer issuing a citation until the officer has notified the person of the following: If the person deposits the license with the officer and does not appear at the time and place stated on the citation or comply with the payout without court appearance provisions of the City Mayor's Court, the license will be canceled, the person will not be eligible for the reissuance of the license or the issuance of a new license for one year after cancellation, and the person is subject to any applicable criminal penalties.
   (g)   A court setting security under division (a)(2) of this section shall do so in conformity with Ohio law and the Rules of Criminal Procedure. (1993 Code 70.97)
   303.11 PROVIDING FALSE INFORMATION TO POLICE
       OFFICER.
   (a)   No person shall knowingly present, display or orally communicate a false name, social security number or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4513.361)
   303.99 GENERAL TRAFFIC CODE PENALTIES.
   (a)   General Misdemeanor Classifications. Whoever violates any provision of this Traffic Code for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor.
(ORC 4513.99)
   (b)   Penalties. Whoever is convicted of or pleads guilty to a violation of this Traffic Code shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
 
Classification of
Misdemeanor
Maximum Term
of Imprisonment
Maximum Fine
First degree
180 days
$1,000.00
Second degree
90 days
750.00
Third degree
60 days
500.00
Fourth degree
30 days
250.00
Minor
No imprisonment
150.00
   (ORC 2929.24; 2929.28)
   303.991 COMMITTING AN OFFENSE WHILE DISTRACTED PENALTY.
   (a)   As used in this section and each section of the Traffic Code where specified, all of the following apply:
      (1)   “Distracted” means doing either of the following while operating a vehicle:
         A.   Using an electronic wireless communications device, as defined in Ohio R.C. 4511.204, in violation of that section.
         B.   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.
      (2)   “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 Section 331.43.
      (3)   “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 subsection (a)(3) of this section:
         A.   “Utility” means an entity specified in division (A), (C), (D), (E) or (G) of Ohio R.C. 4905.03.
         B.   “Utility service vehicle” means a vehicle owned or operated by a utility.
   
   (b)   If an offender violates any section of this Traffic Code which provides for an enhanced penalty for an offense committed 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 Ohio R.C. 2929.28, is subject to an additional fine of not more than one hundred dollars ($100.00) as follows:
      (1)   Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation or summons for a violation of any section of the Traffic Code 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 one hundred dollars ($100.00).
         In lieu of payment of the additional fine of one hundred dollars ($100.00), 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 one hundred dollars ($100.00), so long as the offender submits to the court both the offender’s payment in full and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
      (2)   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 one hundred dollars ($100.00).
If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than one hundred dollars ($100.00), the court shall inform the offender that, in lieu of payment of the additional fine of not more than one hundred dollars ($100.00), the offender instead may elect to attend the distracted driving safety course described in subsection (b)(1) 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 one hundred dollars ($100.00), so long as the offender submits to the court the offender’s payment and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
   (c)   If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of subsection (b) of this section 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 officer shall do both of the following:
      (1)   Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
      (2)   Ensure that such report indicates the offender’s race.
         (ORC 4511.991)
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