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(a) Misdemeanor Classifications.
(1) General classification. Whoever violates any provision of this Traffic Code is guilty of a misdemeanor of the first degree.
(Ord. 1979-43. Passed 10-17-79.)
(2) Junk motor vehicles. Whoever violates Section 303.09 is guilty of a misdemeanor of the first degree, and shall also be assessed any costs incurred by the Municipality in disposing of such junk motor vehicle, less any money accruing to the Municipality from such disposal.
(3) Fleeing a police officer. 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.
(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.
(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 a construction zone where a sign was then lawfully posted in violation of this Traffic Code, 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 he 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.
(ORC 45 11.99)