(a) Whoever violates any provision of this traffic code, inclusive of Chapters 70 through 76 of these Codified Ordinances, for which no penalty otherwise is provided in the section violated is guilty of one of the following:
(1) Except as otherwise provided in division (a)(2) or (a)(3) of this section, a minor misdemeanor;
(2) 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, a misdemeanor of the fourth degree;
(3) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
(b) Violations committed while distracted.
(1) As used in this section and each section referenced in division (b)(2) of this section, all of the following apply:
A. “Distracted” means doing either of the following while operating a vehicle:
1. Using an electronic wireless communications device, as defined in Section 432.44 of these Codified Ordinances, in violation of that Section.
2. 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 fot he operator to drive the vehicle safely.
B. “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 432.43 of this Traffic Code, or R.C. § 4511.84.
C. “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 this division (b)(1)C.:
1. “Utility” means an entity specified in R.C. § 4905.03(A), (C), (D), (E), or (G).
2. “Utility service vehicle” means a vehicle owned or operated by a utility.
(2) If an offender violates any provision of this Traffic Code, inclusive of Chapters 402 through 448 of these Codified Ordinances, or R.C. § 4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73 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 R.C. § 2929.28, is subject to an additional fine of not more than $100 as follows:
A. 1. Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of this Traffic Code or the Ohio Revised 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 $100.
2. In lieu of payment of the additional fine of $100, 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 $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence.
B. 1. 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 $100.
2. If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (b)(2)A. 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 $100, so long as the offender submits to the court the offender’s payment and such written evidence.
(3) If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the Sections of this Traffic Code or the Revised Code listed in division (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:
A. Report the issuance of the ticket, citation, or summons to the officer's law enforcement agency;
B. Ensure that such report indicates the offender's race.
(Ord. 41-2003. Passed 4-28-03; Ord. 33-2023. Passed 6-26-23.)