§ 436.072  OPERATING MOTOR VEHICLE WITHOUT VALID LICENSE.
   (a)   (1)   No person, except those expressly exempted under Ohio R.C. 4507.03, 4507.04, and 4507.05, shall operate any motor vehicle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality unless the person has a valid driver’s license issued under Ohio R.C. Chapter 4507 or a commercial driver’s license issued under Ohio R.C. Chapter 4506.
      (2)   No person, except a person expressly exempted under Ohio R.C. 4507.03, 4507.04, and 4507.05, shall operate any motorcycle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality unless the person has a valid license as a motorcycle operator that was issued upon application by the Registrar of Motor Vehicles under Ohio R.C. Chapter 4507. The license shall be in the form of an endorsement, as determined by the Registrar, upon a driver’s or commercial driver’s license, if the person has a valid license to operate a motor vehicle or commercial motor vehicle, or in the form of a restricted license as provided in Ohio R.C. 4507.14, if the person does not have a valid license to operate a motor vehicle or commercial motor vehicle.
   (b)   Whoever violates this section is guilty of operating a motor vehicle without a valid license and shall be punished as follows:
      (1)   A.   If the trier of fact finds that the offender never has held a valid driver’s or commercial driver’s license issued by this state or any other jurisdiction, or, in a case involving the operation of a motorcycle by the offender, if the offender has never held a valid license as a motorcycle operator, either in the form of an endorsement upon a driver’s or commercial driver’s license or in the form of a restricted license, except as otherwise provided in this division, the offense is an unclassified misdemeanor. The offender may be fined up to one thousand dollars ($1,000.00) and pursuant to R.C. § 2929.27(B) additionally may be ordered to serve a term of community service of up to five hundred (500) hours.
         B.   If the offender previously was convicted of or pleaded guilty to any previous violation of R.C. § 4510.12, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
      (2)   A.   Subject to division (b)(2)B. of this section, if the offender’s driver’s or commercial driver’s license or permit was expired at the time of the offense, the offense is a minor misdemeanor.
         B.   If the offender previously was convicted of or pleaded guilty to three or more violations of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance, within the past three years, the offense is a misdemeanor of the first degree.
   (c)   The court shall not impose a license suspension for a first violation of this section or if more than three years have passed since the offender’s last violation of Ohio R.C. 4510.12, this section, or a substantially equivalent municipal ordinance.
   (d)   If the offender was convicted of or pleaded guilty to one or more violations of Ohio R.C. 4510.12, this section, or a substantially equivalent municipal ordinance within the past three years, and if the offender’s license was expired for more than six months at the time of the offense, the court shall impose a class seven suspension of the offender’s driver license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02 (A)(7).
(Ord. O2010-22, passed 3-16-2010; Am. Ord. O2010-70, passed 10-19-2010)
Statutory reference:
   Operating motor vehicle without valid license, see R.C. 4510.12