§ 72.56 DRIVING UNDER SUSPENSION.
   (A)   (1)   No person, except those expressly exempted under R.C. 4507.03, 4507.04, and 4507.05, shall operate any motor vehicle upon a highway, street or any public or private property used by the public for purposes of vehicular travel or parking in the municipality unless the person has a valid driver's license issued under R.C. Chapter 4507, a valid driver's license issued under R.C. Ch. 4506, or a similar valid license from any other jurisdiction for a nonresident. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon a highway, street, or any public or private property used by the public for purposes of vehicular travel or parking in the municipality except in accordance with the terms of the privileges.
      (2)   No person, except those expressly exempted under R.C. 4507.03, 4507.04, and 4507.05, shall operate any motorcycle upon a highway, street or any public or private property used by the public for purposes of vehicular travel or parking in the municipality unless the person has a valid license as a motorcycle operator issued by the state or by another jurisdiction for a nonresident.
   (B)   (1)   No person, whose driver's or commercial driver's license or permit or nonresident's operating privilege has been suspended or revoked pursuant to R.C. Ch. 4509, shall operate any motor vehicle within the municipality, or knowingly permit any motor vehicle owned by him to be operated by another person in the municipality during the period of the suspension or revocation, except as specifically authorized by R.C. Ch. 4509.
      (2)   No person shall operate any motor vehicle within the municipality in violation of any restrictions of the person's driver's or commercial driver's license imposed under R.C. § 4506.10(D) or R.C. 4507.14.
   (C)   No person, whose driver's or commercial driver's license or permit has been suspended pursuant to R.C. § 4511.191, R.C. § 4511.196, or R.C. § 4507.16(B), shall operate any motor vehicle within the municipality until he has paid the license reinstatement fee required pursuant to § 4511.191(1) and the license or permit has been returned to the person or a new license or permit has been issued to the person.
   (D)   (1)   No person, whose driver's or commercial driver's license or permit or nonresident driving privilege has been suspended or revoked under any provision of the Revised Code other than R.C. Ch. 4509 or under any applicable law in any other jurisdiction in which the person's license or permit was issued, shall operate any motor vehicle within the municipality during the period of the suspension or within one year after the date of the revocation. No person who is granted occupational driving privileges by any court shall operate any motor vehicle within the municipality except in accordance with the terms of the privileges.
      (2)   No person, whose driver's or commercial driver's license or permit or nonresident driving privilege has been suspended under R.C. § 4507.16(B), shall operate any motor vehicle within the municipality during the period of suspension. No person who is granted occupational driving privileges by any court shall operate any motor vehicle within the municipality except in accordance with the terms of those privileges.
   (E)   (1)   If a person is convicted of a violation of division (B), (C), or (D) of this section, in addition to or independent of, any other penalties provided by law or ordinance, the court may impound the identification license plates of any motor vehicle registered in the name of the person. The court shall send the impounded license plates to the registrar of motor vehicles who shall retain the license plates until the driver's or commercial driver's license of the owner has been reinstated.
      If the license plates of a person convicted of a violation of division (B), (C), or (D) of this section have been impounded in accordance with the provisions of this division, the court shall notify the registrar of motor vehicles of that action. The notice shall contain the name and address of the driver, the serial number of the driver's or commercial driver's license, the serial numbers of the license plates of the motor vehicle, and the length of time for which the license plates have been impounded. The registrar shall record the date in notice as part of the driver's permanent record.
      (2)   Any motor vehicle owner who has had the license plates of a motor vehicle impounded pursuant to division (E)(1) of this section may apply to the registrar of motor vehicles, or to a deputy registrar, for special license plates which shall conform to the requirements of R.C. § 4503.231. The registrar or deputy registrar forthwith shall notify the court of the application and, upon approval of the court, shall issue special license plates to the applicant. Until the driver's or commercial driver's license of the owner is reinstated, any new license plates issued to him also shall conform to the requirements of R.C. § 4503.231.
      A fee of $2.50 shall be charged for every set of special license plates that are issued in accordance with this division, except upon renewal as specified in R.C. § 4503.10, when the regular fee is provided in R.C. § 4503.04 shall be charged. Whenever a set of special license plates is exchanged, by reason of the reinstatement of the driver's or commercial driver's license of the owner, for those ordinarily issued, no fee shall be charged.
      (3)   If an owner wishes to sell a motor vehicle during the time the special license plates provided under division (E)(2) of this section are in use, he may apply to the court that impounded the license plates of the motor vehicle for permission to transfer title to the motor vehicle. If the court is satisfied that the sale will be made in good faith and not for the purpose of circumventing the provisions of this section, it may certify its consent to the owner and to the registrar of motor vehicles who shall enter notice of the transfer of the title of the motor vehicle in the vehicle registration record.
      If, during the time the special license plates provided under division (E)(2) of this section are in use, the title to a motor vehicle is transferred by the foreclosure of a chattel mortgage, a sale upon execution, the cancellation of a conditional sales contract, or by order of a court, the court shall notify the registrar of the action and the registrar shall enter notice of the transfer of the title to the motor vehicle in the vehicle registration record.
   (F)   It is an affirmative defense to any prosecution brought pursuant to this section that the alleged offender drove under suspension because of a substantial emergency, provided that no other person was reasonably available to drive in response to the emergency.
(Ord. 25-1983, passed 4-6-83; Am. Ord. 32-1994, passed 4-20-94)
Editor's note:
   R.C. §§ 4507.38, 4507.39 and 4509.76 have all been either repealed or renumbered. This section has been retained because it appears to be in use by the city. For new provisions relating to Driving Under Suspension, please see §§ 72.64 through 72.68.