§ 91.99 PENALTY.

   (A)   Fire code violations.

      (1)   Criminal penalties.

         (a)   Except when a violation of R.C. § 2923.17, regarding the felonies of unlawful possession of a dangerous ordnance and illegal manufacture or processing of explosives, involves subject matter covered by the State Fire Code, whoever violates § 91.05(A) is guilty of a misdemeanor of the first degree.

(R.C. § 3737.99(B))

         (b)   Whoever violates§ 91.06 is guilty of a minor misdemeanor.

(R.C. § 3737.99(C))

         (c)   Whoever violates § 91.07 or 91.09 is guilty of a misdemeanor of the fourth degree.

(R.C. § 3737.99(D))

         (d)   Whoever violates § 91.08 or § 91.10 is guilty of a misdemeanor of the third degree.

(R.C. § 3737.99(E))

         (e)   Civil penalties imposed by this chapter shall be paid to the Municipal Chief Fiscal Officer for deposit into the General Revenue Fund. Such penalties may be recovered in a civil action in the name of the municipality brought in the Court of Common Pleas.

('65 Code, § 1501.99)

   (B)   Whoever violates any provision of §§ 91.25 through 91.29 is guilty of a minor misdemeanor. If the offender persists in violating any provision of §§ 91.25 through 91.29 after reasonable warning or request to desist, the offense will be a misdemeanor of the third degree.

('65 Code, § 1507.99) (Am. Ord. 44-94, passed 7-19-94)

   (C)   (1)   Except as otherwise provided in division (C)(2) or (C)(3) of this section, whoever violates any provisions of §§ 91.40 through 91.47 is guilty of a misdemeanor of the first degree.

      (2)   If the offender previously has been convicted of or pleaded guilty to a violation of R.C. § 3743.60(I) or R.C. § 3743.61(I), or a substantially similar municipal ordinance, a violation of § 91.43(E) is a felony to be prosecuted under appropriate state law.

      (3)   Whoever violates § 91.45(A) is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended. If the violation of § 91.06(A) results in serious physical harm to persons or serious physical harm to property, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked.

      (4)   Whoever violates § 91.02(F) is guilty of a misdemeanor of the first degree. Notwithstanding any other provision of law to the contrary, a person may be convicted at the same trial or proceeding of a violation of § 91.02(F) and a violation of R.C. § 2917.11(B), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of § 91.02(F).

      (5)   Whoever violates § 91.04(G) or (H) is guilty of a misdemeanor of the second degree.

      (6)   Whoever violates § 91.02(G) is guilty of a minor misdemeanor.

(R.C. § 3743.99(C), (D), (F) - (H)) (‘65 Code, § 1519.99)

Cross-reference:

   For misdemeanor classifications, see § 130.99

Statutory reference:

   Civil penalties for violations of State Fire Code, see R.C. § 3737.51(B) - (H)