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No person engaged in the business of operating a garage, parking space or lot or renting space for the parking or storing of four or more vehicles, or engaged in the business of repairing motor vehicles, parts and accessories, shall fail to report to the Police Department when any motor vehicle has remained in his possession and is unclaimed for more than fifteen days, except where parked or placed in storage by order of the Police Department. Nothing herein shall apply where arrangements have been made for continuous storage or parking and the owner of the parked or stored motor vehicle is personally known to the owner or operator of the garage, parking lot or space, so that the name and address of such owner can be furnished upon the request of any member of the Police Department.
(1972 Code 404.09)
(a) Misdemeanor Classifications.
(1) General classification. Whoever violates any provision of this Traffic Code, for which violation no penalty is otherwise provided, is guilty of a misdemeanor of the fourth degree on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the second degree.
(2) Compliance with order of police officer; fleeing. Whoever violates Section 303.01
is guilty of failure to comply with an order or signal of a police officer. A violation of Section 303.01
(a) is a misdemeanor of the first degree. A violation of Section 303.01
(b) is a misdemeanor of the first degree, unless the jury or judge as trier of fact finds any one of the following by proof beyond a reasonable doubt:
A. In committing the offense, the offender was fleeing immediately after the commission of a felony;
B. The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;
C. The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
(ORC 2921.331)
(3) Providing false information. Whoever violates Section 303.11
is guilty of a misdemeanor of the first degree.
(ORC 4513.99)
(b) Penalties. Whoever is convicted of or pleads guilty to a violation of this Traffic 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 | Maximum Fine |
First degree | 180 days | $1,000.00 |
Second degree | 90 days | 750.00 |
Third degree | 60 days | 500.00 |
Fourth degree | 30 days | 250.00 |
Minor | No imprisonment | 150.00 |
(ORC 2929.21)
(c) Construction Zone Violations. Notwithstanding subsection (b) hereof, upon a finding that any person referred to in subsection (a)(1) hereof or Section 333.99
(a) has operated a motor vehicle in violation of this Traffic Code, in a construction zone where a sign was then lawfully posted, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender who alleges, in an affidavit filed with the court prior to his sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this subsection, provided the court determines the offender is an indigent person and is unable to pay the fine.
(a) As used in this section and each section of the Traffic Code where specified, all of the following apply:
(1) “Distracted” means doing either of the following while operating a vehicle:
A. Using an electronic wireless communications device, as defined in Ohio R.C. 4511.204, in violation of that section.
B. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
(2) “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of Section 331.43.
(3) “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage or a circumstance affecting the health or safety of individuals.
As used in subsection (a)(3) of this section:
A. “Utility” means an entity specified in division (A), (C), (D), (E) or (G) of Ohio R.C. 4905.03.
B. “Utility service vehicle” means a vehicle owned or operated by a utility.
(b) If an offender violates any section of this Traffic Code which provides for an enhanced penalty for an offense committed while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding Ohio R.C. 2929.28, is subject to an additional fine of not more than one hundred dollars ($100.00) as follows:
(1) Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation or summons for a violation of any section of the Traffic Code that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of one hundred dollars ($100.00).
In lieu of payment of the additional fine of one hundred dollars ($100.00), the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of one hundred dollars ($100.00), so long as the offender submits to the court both the offender’s payment in full and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
(2) If the offender appears in person to contest the ticket, citation or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than one hundred dollars ($100.00).
If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than one hundred dollars ($100.00), the court shall inform the offender that, in lieu of payment of the additional fine of not more than one hundred dollars ($100.00), the offender instead may elect to attend the distracted driving safety course described in subsection (b)(1) of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than one hundred dollars ($100.00), so long as the offender submits to the court the offender’s payment and such written evidence within ninety days of the underlying violation that resulted in the imposition of the additional fine under this section.
(c) If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of subsection (b) of this section that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the officer shall do both of the following:
(1) Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;
(2) Ensure that such report indicates the offender’s race.
(ORC 4511.991)