(a) As used in this section, “motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.
(b) Unless authorized under Ohio R.C. Chapter 3719, 4715, 4729, 4731, 4741 or 4765, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:
(1) While operating or being a passenger in or on a motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking;
(2) While being in or on a stationary motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree. If, however, the offender previously has been convicted of a drug abuse offense, or if the offense was committed on school premises or in a school building or within 1,000 feet of the boundaries of any school premises, a violation of this section is a misdemeanor of the third degree.
(Ord. 10814/95. Passed 8-23-95.)