(a) Whoever violates Section 511.03(a) is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.
(b) Except as provided in paragraph (c) hereof, whoever violates Section 511.03(b) hereof is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.
(c) Whoever violates Section 511.03(b) hereof by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.
(d) Whoever violates Section 511.03(c) hereof is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.
(e) (1) Notwithstanding the fines otherwise required to be imposed pursuant to Section 501.99
, for violations of this chapter, and notwithstanding Ohio R.C. 2929.22, the court shall impose a mandatory fine of one thousand dollars ($1,000) if the violation of this chapter was a misdemeanor of the first degree, a mandatory fine of seven hundred fifty dollars ($750.00) if the violation of this chapter was a misdemeanor of the second degree, and a mandatory fine of two hundred fifty dollars ($250.00) if the violation of this chapter was a misdemeanor of the fourth degree.
(2) The court may impose a fine in addition to a mandatory fine imposed pursuant to paragraph (e)(1) hereof if the total of the additional and mandatory fines does not exceed the maximum fine that could be imposed.
(3) Notwithstanding any contrary provision of Ohio R.C. 2925.14 or 3719.21, fifty percent (50%) of any mandatory fine imposed pursuant to paragraph (e)(1) hereof shall be paid by the Clerk of the Court into the Law Enforcement Trust Fund of the Municipality required to be established by Ohio R.C. 2933.43(D)(1)(c), and fifty percent (50%) shall be paid into the General Fund of the Municipality. Any additional fine imposed pursuant to paragraph (e)(1) hereof shall be disbursed by the Clerk of the Court as otherwise provided by law.
(4) If a person is charged with any violation of this section and posts bail pursuant to Ohio R.C. 2937.22 to 2937.46 or Rule 46 of the Ohio Rules of Criminal Procedure, and if the person forfeits the bail, the forfeited bail shall be paid by the Clerk of the Court in accordance with and subject to the requirements of, and shall be used as specified in paragraph (e)(1) hereof.
(5) No court shall impose a mandatory fine pursuant to paragraph (e)(1) hereof upon an offender who alleges in an affidavit filed with the Court prior to his or her sentencing, that he or she is indigent and is unable to pay any mandatory fine imposed pursuant to such paragraph, if the Court determines the offender is an indigent person and is unable to pay the fine.
(f) In addition to the penalty provided in this section, the Court may proceed as provided in Ohio R.C. 2925.14(H), and the State Registrar of Motor Vehicles shall proceed as provided in Ohio R.C. 4507.169.
(ORC 2925.14, 4507.169; Ord. 4067. Passed 9-22-98.)