(a) No person without lawful authority, shall do any of the following:
(1) Knowingly move, deface, damage, destroy or otherwise improperly tamper with any traffic control device, any railroad sign or signal, or any inscription, shield or insignia on the device, sign or signal, or any part of the device, sign or signal;
(2) Knowingly drive upon or over any freshly applied pavement marking material on the surface of a roadway while the marking material is in an undried condition and is marked by flags, markers, signs or other devices intended to protect it;
(3) Knowingly move, damage, destroy or otherwise improperly tamper with a manhole cover.
(b) (1) Except as otherwise provided in this subsection, whoever violates subsection (a)(1) or (3) of this section is guilty of a misdemeanor of the third degree. If a violation of subsection (a)(1) or (3) of this section creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. If a violation of subsection (a)(1) or (3) of this section causes serious physical harm to property that is owned, leased, or controlled by a state or local authority, the offender is guilty of a felony and shall be prosecuted under appropriate state law.
(2) Except as otherwise provided in this subsection, whoever violates subsection (a)(2) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates subsection (a)(2) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates subsection (a)(2) of this section is guilty of a misdemeanor of the third degree.
(ORC 4511.17)
(c) In addition to imposing court costs, the court imposing a sentence upon an offender for a misdemeanor offense committed under subsection (a)(1) or (3) of this section may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section. If the court, in its discretion, imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following:
(1) Restitution. Restitution by the offender to the City in an amount based upon the cost to the City to repair or replace the traffic control device(s) that is the subject of the offense. If the court requires restitution, the court shall order that the restitution be made to the City in open court or to the probation department that serves the jurisdiction or the Clerk of the Court. If the court imposes restitution, the court shall determine the amount of restitution to be paid by the offender. If the court imposes restitution, the court may base the amount of restitution it orders on an amount recommended by the City, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing the affected traffic control device(s) and other information, provided that the amount the court orders as restitution shall not exceed the cost to the City to repair or replace the traffic control device(s) that is the subject of the offense. If the court decides to impose restitution, the court shall hold an evidentiary hearing on restitution if the offender or the City disputes the amount of restitution. If the court holds an evidentiary hearing, at the hearing the City has the burden to prove by a preponderance of the evidence the amount of restitution sought from the offender. All restitution payments shall be credited against any recovery of loss in a civil action brought by the City against the offender.
(2) Fines. In addition to imposing court costs, fines and financial sanctions, and in lieu of imposing a jail term, the court imposing a sentence upon a first-time offender for a misdemeanor offense committed under subsection (a)(1) or (3) of this section, may, in its discretion and with the consent of the offender, sentence the offender to the following:
Community service. To clean cleanable traffic control devices that have been illegally defaced or altered by the offender or someone else. Also, to serve as a sign monitor for not less than a total of eight hours and not more than a total of 240 hours whereby the offender (attired in safety vest) must be at a traffic control device that had previously been illegally defaced or altered by the offender or someone else and report to the police any defacing or alteration of the traffic control device that occurs while the offender is present there.
(Ord. 12043/07. Passed 6-27-07.)
(Ord. 12043/07. Passed 6-27-07.)