452.06 UNATTENDED VEHICLES; DUTY TO LOCK IGNITION, REMOVE KEY, SET BRAKE, ETC.; UNATTENDED CHILDREN.
   (a)   (1)   No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.
      (2)   The requirements of this section relating to the stopping of the engine, locking of the ignition, and removing the key from the ignition of a motor vehicle do not apply to any of the following:
         A.   A motor vehicle that is parked on residential property;
         B.   A motor vehicle that is locked, regardless of where it is parked;
         C.   An emergency vehicle;
         D.   A public safety vehicle.
   (b)   Except as otherwise provided in this division, whoever violates this section 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.
(ORC 4511.661)
   (c)   No person, who is the parent, guardian, custodian or person having temporary custody or control of a child under the age of thirteen or of a mentally or physically handicapped child under the age of twenty-one, shall create a risk to the health, safety or welfare of the child by leaving said child unattended in a motor vehicle in a public place.
   (d)   No person, who is the parent, guardian, custodian or person having temporary custody or control of a child under the age of thirteen or of a mentally or physically handicapped child under the age of twenty-one, shall create a risk to the health, safety or welfare of the child by leaving said child unattended in a motor vehicle in a public place, when the engine of said vehicle is running or the keys are in the ignition.
   (e)   Whoever violates division (a) or (c) of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for a second or subsequent offense. Whoever violates division (c) of this section is guilty of a misdemeanor of the fourth degree. The penalty shall be as provided in Section 408.01.
(Ord. 94-235. Passed 12-6-94.)