(A) (1) A court that sentences an offender for a misdemeanor or minor misdemeanor violation of any provision of the Ohio Revised Code, or of any municipal ordinance that is substantially similar to a misdemeanor or minor misdemeanor violation of a provision of the Ohio Revised Code, shall be guided by the overriding purposes of misdemeanor sentencing. The overriding purposes of misdemeanor sentencing are to protect the public from future crime by the offender and others and to punish the offender. To achieve those purposes, the sentencing court shall consider the impact of the offense upon the victim and the need for changing the offender's behavior, rehabilitating the offender and making restitution to the victim of the offense, the public or the victim and the public.
(2) A sentence imposed for a misdemeanor or minor misdemeanor violation of an Ohio Revised Code provision or for a violation of a municipal ordinance that is subject to division (A)(1) above shall be reasonably calculated to achieve the two overriding purposes of misdemeanor sentencing set forth in division (A)(1) above, commensurate with and not demeaning to the seriousness of the offender's conduct and its impact upon the victim, and consistent with sentences imposed for similar offenses committed by similar offenders.
(3) A court that imposes a sentence upon an offender for a misdemeanor or minor misdemeanor violation of an Ohio Revised Code provision or for a violation of a municipal ordinance that is subject to division (A)(1) above shall not base the sentence upon the race, ethnic background, gender or religion of the offender.
(4) Divisions (A)(1) and (A)(2) above shall not apply to any offense that is disposed of by a traffic violations bureau of any court pursuant to Traffic Rule 13 and shall not apply to any violation of any provision of the Ohio Revised Code that is a minor misdemeanor and that is disposed of without a court appearance. Divisions (A)(1) to (A)(3) above do not affect any penalties established by a municipal corporation for a violation of its ordinances.
(R.C. § 2929.21)
(B) (1) Whoever violates § 70.06(B) is guilty of a misdemeanor of the first degree as defined in R.C. § 2929.21.
(2) Whoever violates § 70.09 is guilty of a misdemeanor of the first degree as defined in R.C. § 2929.21.
(3) Whoever violates §§ 74.002 to 74.007, 74.009 to 74.024, 74.026 to 74.027 and 74.029 to 74.032 is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(a) Twenty-five dollars for the first 2,000 pounds, or fraction thereof, of overload, for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined $25, and in addition thereto, $1 per 100 pounds of overload;
(b) For overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such persons shall be fined $25 and in addition thereto, $2 per 100 pounds of overload, or imprisoned not more than 30 days, or both;
(c) For all overloads in excess of 10,000 pounds, such persons shall be fined $25, and in addition thereto, $3 per 100 pounds of overload, or imprisoned not more than 30 days, or both; or
(d) Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than $100, provided that no penalty prescribed in this section for those vehicles weighed by the axle load shall be imposed on any vehicle combination if:
1. The overload on any axle does not exceed 1,000 pounds; and if;
2. The immediately preceding or following axle, excepting the front axle of the vehicle combination, is under loaded by the same or a greater amount. For purposes of this division (B)(4)(d)2. above, two axles on one vehicle less than eight feet apart shall be considered as one axle.
(5) Whoever violates the provisions of § 74.074 for which no other penalty is provided, shall be fined:
(a) For violations of divisions (B)(1) through (B)(3) above:
1. For a first offense not more than $25;
2. For a second offense within one year thereafter not less than $10 nor more than $100; imprisoned not more than ten days, or both; or
3. For a third or subsequent offense within one year after the first offense, such persons shall be fined not less than $25 nor more than $200, or imprisoned not more than 30 days, or both.
(b) A violation of division (B)(5)(a) above shall be fined $30.
(c) A violation of this division (B)(5)(c) shall be fined by $20.
(d) Except as otherwise provided, whoever violates this division (B)(5)(d) is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to a violation of this division (B)(5)(d), whoever violates this division (B)(5)(d) is guilty of a misdemeanor of the third degree.
(e) All fines collected for violations of division (B)(5) above shall be forwarded to the State Treasurer for deposit as follows:
1. Eight percent shall be deposited into the seat belt education fund, which is hereby created in the State Treasury, and shall be used by the Department of Public Safety to establish a seat belt education program;
2. Eight percent shall be deposited into the elementary school program fund, which is hereby created in the State Treasury, and shall be used by the Department of Public Safety to establish and administer elementary school programs that encourage seat safety belt use;
3. Two percent shall be deposited into the State Medical Transportation Trust Fund created by R.C. § 4766.05;
4. Twenty-eight percent shall be deposited into the trauma and emergency medical services fund, which is hereby created in the State Treasury, and shall be used by the State Department of Public Safety for the administration of the division of emergency medical services and the State Board of Emergency Medical Services; and
5. Fifty-four percent shall be deposited into the trauma and emergency medical services grant fund, which is hereby created in the State Treasury, and shall be used by the State Board of Emergency Medical Services to make grants, in accordance with R.C. § 4765.07 and rules the board adopts under R.C. § 4765.11.
(6) Whoever violates § 74.038(A) shall be fined a follows:
(a) Whoever is a resident of this state shall be punished as follows.
1. Except as otherwise provided in division (B)(6)(a)2. below, the offender is guilty of a minor misdemeanor.
2. If the offender previously has been convicted of or pleaded guilty to a violation of division (B)(1) or (B)(2) above or of a municipal ordinance that is substantially similar to either of those divisions, the offender is guilty of a misdemeanor of the fourth degree.
(b) Whoever is not a resident of this state, and fails to prove by a preponderance of the evidence that the offender’s use or non use of a child restraint system was in accordance with the law of the state of which the offender is a resident, is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree.
(c) All fines imposed pursuant to division (B)(7) below shall be forwarded to the Treasurer of the State for deposit in the “child highway safety fund” created by the Ohio Revised Code.
(7) Whoever violates § 72.002, is guilty of a minor misdemeanor. If, within on year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(9) Whoever violates § 77.15 is guilty of a minor misdemeanor on a first offense and if previously convicted or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance within the past three years, the offense is a misdemeanor of the first degree.
(10) Whoever violates § 77.15 with respect to R.C. § 4510.16, driving under financial responsibility law suspension or cancellation, is guilty of an unclassified misdemeanor and if previously convicted or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance within the past three years, the offense is a misdemeanor of the first degree.
(11) Whoever violates § 77.15 who has been notified with respect to R.C. § 3123.54, notice to obligor and registrar (by a child support enforcement agency), is guilty of an unclassified misdemeanor and if previously convicted or pleaded guilty to three or more violations of this section or a substantially equivalent municipal ordinance within the past three years, the offense is a misdemeanor of the first degree.
(15) Except as otherwise provided, a violation of § 77.01 is a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violation of any provision of § 77.01, R.C. § 4511.21 or of any provision of a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor or the fourth degree. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of any provision of § 77.01, R.C. § 4511.21, or any provision of a municipal ordinance that is substantially similar to any provision of this section, misdemeanor of the third degree. When any person is found guilty of a first offense for a violation of § 77.01 upon a finding that he operated a motor vehicle faster than 35 mph in a business district of a municipal corporation, or faster than 50 mph in other portions, or faster than 35 mph while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree. If the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with R.C. § 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the usual amount imposed for the violation.
(16) Except otherwise provided, whoever violates any provision in §§ 72.006 to 72.025, 72.028 to 72.029, 72.046 to 72.049, 72.049 to 72.052, 72.057 to 72.058, 72.075 to 72.078, 72.096 to 72.098, 72.111, 72.114, 72.136 to 72.136, Chapter 80 Schedule III and Chapter 80 Schedule V is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(17) Whoever violates § 72.050 is guilty of a misdemeanor of the fourth degree on a first offense. On a second offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree, and on each subsequent offense within one year after the first offense; the person is guilty of a misdemeanor of the second degree.
(18) Whenever a person is found guilty in a court of record of a violation of §§ 72.115, 72.117 and 72.118 the trial judge may, in addition to, or independent of, all other penalties provided by law, suspend for any period of time not § 76.07 is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(19) Whoever violates any provision of § 76.08 shall be deemed guilty of a misdemeanor of the fourth degree as defined in the state exceeding three years, or revoke the license of any person, partnership, association or corporation, issued under R.C. § 4511.763.
(20) Whoever parks in violation of §§ 76.01 to 76.38, not otherwise covered by another section of § 79.99, shall be deemed guilty of a minor misdemeanor. In lieu of a court appearance, an administrative fine of $20 may be paid within the first 48 hours and $30 if paid after the first 48 hours. Every consecutive hour of violation shall be deemed a complete and separate offense.
(22) (a) Any person, firm or corporation violating § 76.12(B) shall be fined not less than $250 nor more than $500. In lieu of court appearance, an administrative fine of $100 may be paid within the first 48 hours following the time of citation and an administrative fine of $150 if paid after the first 48 hours following the time of citation. Whoever violates § 76.12(D) shall be issued a warning unless they have been previously convicted of a violation of § 76.12(D), or similar state or municipal ordinance, at which point the individual shall be fine of $25 for each parking location that is not properly marked or whose markings are not properly maintained.
(b) An offender who violates § 76.12(B) shall be fined not more than $100 if the offender, prior to sentencing, proves either of the following to the satisfaction of the court:
1. At the time of the violation of § 76.12(B), the offender or the person for whose transport the motor vehicle was being operated has been issued a removable windshield placard that then was valid or special license plates that then were valid but the offender or the person neglected to display the placard or license plates as described in § 76.12(B).
2. At the time of the violation of § 76.12(B), the offender or the person for whose transport the motor vehicle was being operated had been issued a parking card that then was valid or special handicapped license plates that then were valid but the offender or the person neglected to display the card or license plates as described in § 76.12(B).
(24) Whoever violates § 76.22(B) or (C), (two-hour limit) shall pay a fine of $10 if paid within the first 24 hours and $20 if paid after the first 48 hours. Every consecutive hour of violation of § 76.22(B) after the expiration of the initial two-hour limit shall be deemed a complete and separate offense.
(26) Whoever violates § 76.27 shall pay a fine of $5 if paid within the first 48 hours, and $10 if paid after the first 48 hours.
(30) Whoever violates any provision of Title VII of the City Code, for which no penalty is otherwise provided, is guilty of a minor misdemeanor as defined in R.C. § 2929.21, punishable by a fine not to exceed $150.
(31) Terms of imprisonment for misdemeanors shall be imposed as follows:
(a) For a misdemeanor of the first degree, not more than six months;
(b) For a misdemeanor of the second degree not more than 90 days;
(c) For a misdemeanor of the third degree, not more than 60 days; and
(d) For a misdemeanor of the fourth degree, not more than 30 days;
(32) Fines for misdemeanors shall be imposed as follows:
(a) For a misdemeanor of the first degree, not more than $1,000;
(b) For a misdemeanor of the second degree, not more than $750;
(c) For a misdemeanor of the third degree, not more than $500; and
(d) For a misdemeanor of the fourth degree, not more than $250.
(33) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than $150.
(Prior Code, § 7.09.99)