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(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
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
Misdemeanor not specifically classified
Minor misdemeanor not specifically classified
(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).
(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.)