501.14. Disposition of property held by Police.

   (a)   Property which has been lost, abandoned, stolen, or lawfully seized or forfeited, and that is in the custody of the Department of Police Operations, shall be safely kept pending the time it is no longer needed as evidence and shall be disposed of pursuant to this section.

   (b)   The Department of Police Operations shall make a reasonable effort to locate the persons entitled to possession of property in its custody, and to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the property in custody, and inviting persons to view and establish their right to it.

   (c)   A person loses any right he may have to possession of property:

      (1)   That was the subject, or was used in a conspiracy of attempt to commit, or in the commission of an offense other than a traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense.

      (2)   When, in light of the nature of the property, or the circumstances of such person, it is unlawful for him to acquire or possess it.

   (d)   Unclaimed and forfeited property in the custody of the Department of Police Operations shall be disposed of on application to and order of any court of record that has territorial jurisdiction over the political subdivision in which the law enforcement agency has jurisdiction to engage in law enforcement activities as follows:

      (1)   Drugs shall be destroyed, or shall be placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.

      (2)   Firearms and dangerous ordnance suitable for police work may be retained by the Department of Police Operations for that purpose. The donation of firearms to other law enforcement agencies shall be authorized by the Director of the Department of Police Operations with the approval of the Director of Safety. All other firearms shall be destroyed.

      (3)   Obscene materials shall be destroyed.

      (4)   Beer, intoxicating liquor, or alcohol seized from a person who is not the holder of a permit issued under Ohio R.C. Chapters 4301 and 4303 or is an offender, and forfeited to the State under Ohio R.C. 4301.45 or 4301.53 shall be sold by the Department of Liquor Control, if the Department determines that the beer, intoxicating liquor or alcohol is fit for sale. If any tax imposed under Ohio R.C. Title XLIII has not been paid in relation to the beer, intoxicating liquor or alcohol, the proceeds of the sale shall first be used to pay the tax. All money collected under this section shall be paid into the State Treasury. Any such beer, intoxicating liquor or alcohol that the Department determines to be unfit for sale shall be destroyed.

      (5)   Other unclaimed or forfeited property may be sold at public auction or utilized by the City where such usage would be proper under the circumstances. The Chief of Police shall be responsible for determining such utilization consistent with administrative procedures established by the Mayor.

   (e)   The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City.

   (f)   This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles. This section shall not be construed to rescind or restrict the authority or a Municipal law enforcement agency to keep and dispose of lost, abandoned, stolen, seized or forfeited property under an ordinance of the Municipal Corporation.

(Ord. 469-80. Passed 7-1-80; Ord. 104-94. Passed 3-14-94.)

501.15. Repeat offender; dangerous offender.

   (a)   "Repeat offender" means a person who has a history of persistent criminal activity, and whose character and condition reveal a substantial risk that he will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following apply:

      (1)   Having been convicted of one or more offenses of violence, as defined in Ohio R.C. 2901.01 and Section 501.01 of this Code, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense of violence;

      (2)   Having been convicted of one or more sex offenses as defined in Ohio R.C. 2950.01 or Section 533.01 of this Code and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent sex offense;

      (3)   Having been convicted of one or more theft offenses as defined in Ohio R.C. 2913.01 or Section 545.01 of this Code and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent theft offense;

      (4)   Having been convicted of one or more felony drug abuse offenses as defined in Ohio R.C. Chapter 2925, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent felony drug abuse offense;

      (5)   Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense;

      (6)   Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses, or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense.

   (b)   "Dangerous offender" means a person who has committed an offense, whose history, character and condition reveal a substantial risk that he will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive or aggressive behavior with heedless indifference to the consequences. "Dangerous offender" includes, without limitation, psychopathic offender as defined in Ohio R.C. 2947.24.

(ORC 2929.01)

501.16. Penalty considerations.

   (a)   In determining whether to impose imprisonment or a fine or both, for a misdemeanor, and in determining the term of imprisonment and the amount and method of payment of a fine, the Court shall consider the risk that the offender will commit another offense and the need for protecting the public therefrom, the nature and circumstances of the offense, the history, character and condition of the offender and his need for correctional or rehabilitative treatment and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on him.

   (b)   If the offender is a repeat or dangerous offender, it does not control the Court's discretion, but shall be considered in favor of imposing a longer term of imprisonment for a misdemeanor.

   (c)   The following do not control the Court's discretion, but shall be considered against imposing imprisonment for a misdemeanor.

      (1)   The offense neither caused nor threatened serious physical harm to persons or property or the offender did not contemplate that it would do so;

      (2)   The offense was the result of circumstances unlikely to recur;

      (3)   The victim of the offense induced or facilitated it;

      (4)   There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;

      (5)   The offender acted under strong provocation;

      (6)   The offender has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial time before commission of the present offense;

      (7)   The offender is likely to respond quickly to correctional or rehabilitative treatment.

   (d)   The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered in determining whether to impose imprisonment for a misdemeanor.

   (e)   The Court shall not impose a fine in addition to imprisonment for a misdemeanor, unless a fine is specially adapted to deterrence of the offense, or the correction of the offender or the offense has proximately resulted in physical harm to the person or property of another or the offense was committed for hire or for purpose of gain.

   (f)   The Court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the Court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.

(ORC 2929.22)

501.99. Penalties for misdemeanors.

   (a)   Whoever is convicted of or pleads guilty to a misdemeanor classified in the Municipal 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	6 months	$1000.00
Second degree	90 days	750.00
Third degree	60 days	500.00
Fourth degree	30 days	250.00
Minor	No imprisonment	150.00

 

   Community Service   (R.C. Section 2929.27(c)

   Financial Sanctions   (R.C. Section 2929.28)

(Ord. 338-04. Passed 6-15-04.)

   (b)   Regardless of the penalties provided in subsection (a) hereof, an organization convicted of an offense pursuant to Section 501.11 shall be fined, which fine shall be fixed by the court as follows:

Type of Misdemeanor	Maximum Fine
First degree	$5000.00
Second degree	4000.00
Third degree	3000.00
Fourth degree	2000.00
Minor	1000.00
Misdemeanor not specifically classified	2000.00
Minor misdemeanor not specifically classified	1000.00

 

      (1)   When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this subsection (b).

      (2)   When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this subsection (b), then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.

      (3)   This subsection (b) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 501.11, either in addition to or in lieu of a fine imposed pursuant to this subsection (b).

(ORC. 2929.31)

   (c)   Whoever violates Sections 509.08(b)(5), 533.07, 533.09 or 533.18(b) of the Toledo Municipal Code where the offender is within one thousand feet of the boundaries of any school, church, park or playground, or within the vicinity of a juvenile, is guilty of a misdemeanor of the first degree. As used in this subsection, "school" has the same meaning as in Section 2925.01 of the Ohio Revised Code.

(Ord. 679-97. Passed 11-12-97.)