(a) Misdemeanor Classifications.
(1) General classification. Whoever violates any provision of this Traffic Code, for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense, within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree. When any person is found guilty of a first offense for a violation of Section 333.03
upon a finding that he operated a motor vehicle faster than thirty-five miles an hour in a business district, or faster than fifty miles an hour in other portions, or faster than twenty miles an hour 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 third degree. Anyone guilty of a violation involving exceeding the speed limit in violation of Section 333.03
(b)(3) shall be fined at a rate not less than double the standard scheduled fine for such violation.
(ORC 4511.99(D); 4513.99(C)) (Ord. 246-01. Passed 5-1-01; Ord. 271-20. Passed 8-11-20.)
(2) Willfully fleeing a police officer. Whoever violates Section 303.01(b) is guilty of a misdemeanor of the first degree.
(ORC 4511.99(B))
(3) Right of Way of Public Safety Vehicle. Whoever violates Section 331.19 is guilty of a misdemeanor of the third degree.
A. If within one year of the offense, the offender has not been convicted of or pleaded guilty to a violation of Ohio Revised Code Section 4511.45 or Toledo Municipal Code Section 331.19, the court shall impose a fine of not less than one hundred dollars ($100.00), no portion of which may be suspended by the court.
B. If within one year the offender has been convicted of one or more violations of Ohio Revised Code Section 4511.45 or Toledo Municipal Code Section 331.19, the court shall impose a fine of not less than five hundred dollars ($500.00), no portion of which may be suspended by the court.
C. In addition to the penalties provided in subsections (3) A. and (3) B. of this section upon a finding that the offender operated his or her vehicle recklessly, the court may revoke or suspend the driver's license or commercial driver's license of the person charged with the violation of Section 331.19 of the Toledo Municipal Code for any period of time not to exceed one year pursuant to Ohio Revised Code Section 4507.34.
(ORC 4511.991)
(5) Driving under the influence, physical control.
A. Whoever violates Section 333.01(a) shall be guilty of a misdemeanor of the first degree and shall be punished in accordance with the provisions of Ohio Revised Code Section 4511.19(G).
B. Whoever violates Section 333.01(b) shall be guilty of a misdemeanor of the fourth degree and shall be punished in accordance with the provisions of Ohio Revised Code Section 4511.19(H). If, within one year the offender has previously been convicted of or pleaded guilty to one or more violations of Section 333.01(a) or (b) or Ohio Revised Code Section 4511.19(A) or (B) the offender is guilty of a misdemeanor of the third degree and shall be punished in accordance with Ohio Revised Code Section 4511.19(H).
C. Whoever violates Section 333.01(c) shall be guilty of a misdemeanor of the first degree and shall be punished in accordance with the provisions of Ohio Revised Code Section 4511.194(D).
(Ord. 897-03. Passed 12-23-03.)
(ORC 4511.99(B))
(7) Licensing.
A. Whoever violates Section 335.01(a)(1) or (3) by operating a motor vehicle when his driver's or commercial driver's license has been expired for no more than six months is guilty of a minor misdemeanor.
B. 1. Whoever violates Section 335.07(c)(2) is guilty of a misdemeanor of the first degree on a first offense. The court shall sentence the offender to a term of imprisonment of not less than three consecutive days and may sentence the offender pursuant to Section 303.99(b) hereof to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to subparagraph B.6. hereof, the court may sentence the offender to a term of not less than thirty consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(3). The period of electronically monitored house arrest shall not exceed six months. In addition, the court shall impose upon the offender a fine of not more than one thousand dollars ($1,000), and the court shall suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of the offender.
2. On a second offense within five years of the first offense, the offender is guilty of a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than ten consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to subparagraph B.6. hereof, the court may sentence the offender to a term of not less than ninety consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(3). The period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500), and the court shall suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresidence operating privilege of the offender.
3. On a third or subsequent offense within five years of the first offense, the offender is guilty of a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than thirty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to subparagraph B.6. hereof, the court may sentence the offender to a term of imprisonment of fifteen consecutive days followed immediately by not less than fifty-five consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(3). The fifteen consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500), and the court shall suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresidence operating privilege of the offender.
4. Fifty percent (50%) of any fine imposed by a court under subparagraph B. hereof shall be deposited into the indigent drivers alcohol treatment account of that court, created by the County or the Municipality pursuant to Ohio R.C. 4511.191 (M).
5. In addition, the court shall, in addition to or independent of all other penalties provided by law, order the immobilization of the vehicle that the offender was operating at the time of the violation. The period of immobilization ordered by a court under this paragraph shall be as follows:
a. If the offender has not been convicted of or pleaded guilty to a violation of Section 335.07(c)(2) or Ohio R.C. 4507.02 (D)(2), the period of immobilization shall be for thirty days;
b. If the offender has been convicted of or pleaded guilty to one violation of Section 335.07(c)(2) or Ohio R.C. 4507.02(D) (2), the period of immobilization shall be for sixty days;
c. If the offender has been convicted of or pleaded guilty to two or more violations of Section 335.07(c)(2) or Ohio R.C. 4507.02 (D)(2), the period of immobilization shall be for ninety days.
Any vehicle ordered immobilized under this subparagraph shall be immobilized at the residence of the owner of the vehicle or at the location where the owner regularly parks the vehicle.
6. No court shall impose the alternative sentence of not less than thirty consecutive days of electronically monitored house arrest permitted to be imposed by subparagraph B. 1. hereof, the alternative sentence of a term of not less than ninety consecutive days of electronically monitored house arrest permitted to be imposed by subparagraph B.2. hereof, or the alternative sentence of a term of imprisonment of fifteen consecutive days followed immediately by not less than fifty-five consecutive days of electronically monitored house arrest permitted to be imposed pursuant to subparagraph B.3. hereof, unless both of the following conditions apply:
a. The offense for which the offender is sentenced occurs prior to July 1, 1993;
b. Within sixty days of the date of sentencing, the court issues a written finding, entered into the record, that due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon him, the offender will not be able to commence serving his term of imprisonment within the sixty-day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by subparagraph B.1., 2. or 3. hereof.
7. An offender sentenced under this section to a period of electronically monitored house arrest shall be permitted work release during such period. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and his home or other place specified by the sentencing court and the time actually spent under employment.
(ORC 4507.99)
(ORC 4507.99; ORC 4511.99)
D. Whoever violates Section 335.08 is guilty of a misdemeanor of the second degree.
(ORC 4549.99; Ord. 749-90. Passed 7-24-90.)
(ORC 4549.99(B))
(9) Drivers of commercial cars or tractors. Whoever violates Section 341.02 is guilty of a misdemeanor of the first degree.
(ORC 4511.99(E))
(10) Stopping for school buses. Whoever violates Section 331.36(a) shall be found guilty of a misdemeanor of the fourth degree.
(Ord. 246-01. Passed 5-1-01.)
(12) Placing dangerous materials on streets. Whoever violates Section 311.01(f) is guilty of a misdemeanor of the first degree.
(ORC 4511.99(K))
(13) Occupant restraining devices.
A. Whoever violates division (b)(1) of Section 337.35 of the Toledo Municipal Code shall be fined thirty dollars.
B. Whoever violates division (b)(2) or (b)(3) of Section 337.35 of the Toledo Municipal Code shall be fined twenty dollars.
C. Whoever violates division (b)(4) of Section 337.35 of the Toledo Municipal Code is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(ORC 4513.99(B); 4513.99(F)) (Ord. 130-03. Passed 3-4-03
(14) Child restraint system.
A. Whoever is a resident of this State and violates subsection (a) or (b) of Section 337.33 of the Toledo Municipal Code shall be punished as follows:
1. Except as otherwise provided in subsection A.2. herein, the offender is guilty of a minor misdemeanor.
2. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (a) or (b) of Section 337.33 of the Toledo Municipal Code or of Division (A) or (B) of Section 4511.81 of the Ohio Revised Code, the offender is guilty of a misdemeanor of the fourth degree.
B. Whoever is not a resident of this State violates subsection (a) or (b) of Section 337.33 of the Toledo Municipal Code or Division (A) or (B) of Section 4511.81 of the Ohio Revised Code, and fails to prove by a preponderance of the evidence that the offender's use or nonuse 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.
(ORC 4511.99(H); Ord. 772-96. Passed 11-5-96.)
(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.
(1) General penalties. Notwithstanding this subsection, upon a finding that such person operated a motor vehicle in a construction zone where a sign was then posted in accordance with Section 4511.98 of the Ohio Revised Code, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation. The court shall not impose a fine of two times the usual amount imposed for the violation upon the offender who alleges, in an affidavit filed with the court prior to his sentencing, that he is indigent and is unable to pay the fine imposed pursuant to this subsection, provided the court determines the offender is an indigent person and is unable to pay the fine.
(ORC 4511.99(D)(3))
Classification of Misdemeanor | Maximum Term of Imprisonment | Maximum Fine |
First Degree | Six Months | $1,000.00 |
Second Degree | 90 days | 750.00 |
Third Degree | 60 days | 500.00 |
Fourth Degree | 30 days | 250.00 |
Minor | No Imprisonment | 100.00 |
(ORC 2929.21)
(2) Commercial vehicles.
A. Whoever violates the weight provisions of Section 339.01, 339.04, 339.05, 339.06, 339.07, 339.08 or 339.09 shall be fined eighty dollars ($80.00) for the first 2,060 pounds, or fraction thereof, of overweight; for overweights in excess of 2,000 pounds, but not in excess of 5,000 pounds, the person shall be fined one hundred dollars ($100.00), and in addition thereto one dollar ($1.00) per 100 pounds of overweight; for overweights in excess of 5,000 pounds, but not in excess of 10,000 pounds, the person shall be fined one hundred thirty dollars ($130.00) and in addition thereto two dollars ($2.00) per 100 pounds of overweight, or imprisoned not more than thirty days, or both; for all overweights in excess of 10,000 pounds, the person shall be fined one hundred sixty dollars ($160.00) and in addition thereto three dollars ($3.00) per 100 pounds of overweight, or imprisoned not more than thirty days or both, provided however, that whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than one hundred dollars ($ 100.00). No penalty prescribed in this section shall be imposed on any vehicle combination if:
1. The overweight on any axle does not exceed 1,000 pounds, and
2. The immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or greater amount.
For purposes of this section, two axles on one vehicle less than eight feet apart shall be considered as one axle.
(Ord. 671-95. Passed 10-31-95.)
(c) Fines Designated.
(1) For overtime parking violations under the Traffic Code, the following fines shall be imposed, and may be paid to the Parking Violations Bureau:
A. Any overtime parking violations $10.00
(2) For the following violations of the provisions of this Traffic Code, the following shall be imposed and may be paid to the Parking Violations Bureau:
A. Double parking $25.00
B. Leaving key in ignition of vehicle standing unattended $20.00
C. Bus priority lane $20.00
E. Any other illegal parking $25.00
F. Commercial parking violations under 351.07(b)(6) $100.00
(3) Overtime parking violations not paid within fifteen (15) days of the issuance of a parking ticket shall result in a fine of twenty dollars ($20.00). Overtime parking violations not paid within thirty days of the issuance of a parking ticket shall result in a fine of thirty-five dollars ($35.00). For purposes of this subsection, Sundays and holidays shall not be included in the calculation of overdue parking fine payments.
(4) In the event the fines specified above in Section 303.99(c)(2) are not paid within fifteen (15) days from the date of the violations, excluding Sundays and holidays, the following amounts shall be paid to the Parking Violations Bureau:
A. Double parking $35.00
B. Leaving key in ignition of vehicle standing unattended $30.00
C. Bus priority lane $30.00
E. Any other illegal parking $30.00
F. Commercial parking violations under 351.07(b)(6) $150.00
(Ord. 300-04. Passed 5-18-04.)