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Richmond Heights Overview
Codified Ordinances of Richmond Heights, OH
CODIFIED ORDINANCES
DISCLAIMER
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 82-70
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   303.10 LEAVING JUNK VEHICLES ON PRIVATE PROPERTY WITH PERMISSION OF OWNER.
   (a)   For the purposes of this section, "junk motor vehicle" means any motor vehicle meeting the requirements of Ohio R.C. 4513.63(B) to (E) that is left uncovered in the open on private property for more than seventy-two hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of Ohio R.C. 4737.05 to 4737.12; or regulated under authority of the Municipality; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation, or if the motor vehicle is a collector's vehicle.
   Persons may store or keep by unrestricted method any collector's vehicle as defined in Ohio R.C. 4501.01(F) on private property with the permission of the person having the right to the possession of the property; except that such person having such permission shall conceal, by means of buildings, fences, vegetation, terrain or other suitable obstruction, any unlicensed collector's vehicle stored in the open.
   Council, the chief of a law enforcement agency, a state highway patrol trooper or the Municipal Zoning Authority, may send notice by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure or shall be removed from the property.
   No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice. Each subsequent period of thirty days that a junk motor vehicle continues to be so left constitutes a separate offense.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.65)
   303.11 STORAGE AND TOWING CHARGES.
   (a)   Any police officer may impound any property, including motor vehicles, in connection with the protection of the public peace, health, safety and welfare of the City in the enforcement of its ordinances and the laws of the State. Any person desiring to redeem such impounded property shall pay storage of two dollars ($2.00) per day for the time the impounded property is held in storage by the City.
(Ord. 7-64. Passed 3-3-64.)
   (b)   The Mayor is authorized to contract with operators of towing services to be responsible for providing towing services within the City at a reasonable rate for each towing service. Any person desiring to redeem a towed vehicle shall appear at the Police Division to furnish satisfactory evidence of identity and ownership or right to possession. Such person shall obtain from the Division the release form required by Section 303.08. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges accruing. In any event, the City shall not be responsible for any towing charges to the designated towing service operators.
(Ord. 105-78. Passed 9-26-78.)
   303.12 VEHICLE TRESPASS.
   (a)   No person shall enter into or upon any vehicle, motorcycle or motor vehicle, the property of another person, without the consent of the owner or operator thereof.
   (b)   Except as otherwise provided in this subsection, 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.
   303.13 PRESENTING FALSE NAME OR INFORMATION TO LAW ENFORCEMENT OFFICER ISSUING A TRAFFIC TICKET OR COMPLAINT.
   (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.
(Ord. 183-91. Passed 12-23-91.)
   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 of the first degree. (Ord. 87-2019. Passed 9-24-19.)
   (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)