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HomeMy WebLinkAbout88-94 Ordinance , - _,,_, _.__._--<u_~........-. . , RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. m~.e,8.~~"~~~~n Passed..mu~.mnm mm.m~~.mnmuu..m19~.._u AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN PERTAINING TO THE USE OF CHILD RESTRAINT -~ SYSTEMS IN MOTOR VEHICLES AND TO DESIGNATE THE OFFENSE OF OPERATING A MOTOR VEHICLE AFTER '~~,~-,>)'" UNDER-AGE ALCOHOL CONSUMPTION, ALL IN ORDER TO COMPLY WITH CURRENT STATE LAW, AND DECLARING AN EMERGENCY WHEREAS, the state General Assembly through Senate Bill 82 and House Bill No. 381 have substantially revised and strengthened the offenses and penalty provisions contained within state laws, relative to the use of child restraint systems in motor vehicles and the operation of motor vehicles after under-age consumption of alcohol; and WHEREAS, ordinances which are enacted as an exercise of the City'S police powers are required to be in conformity with general state law; and WHEREAS, concern within the municipality for the proper use of child restraint systems in motor vehicles and for the harmful effects of operating motor vehicles after under-age consumption of alcohol compel Council to amend the codified ordinances to reflect the new state laws. NOW, THEREFORE, be it ordai~d by the Council of the City of ~~""J Dublin, State of Ohio, members concurring; Section 1. That Section 333.01 of the Codified Ordinances of '~"'" the City of Dublin is hereby amended to read as is set forth in Exhibit "A" attached hereto and incorporated herein as if fully rewritten. section 2. That Section 333.99 of the Codified Ordinances of the City of Dublin is hereby amended to read as is set forth in Exhibit "B" attached hereto and incorporated herein as if fully rewritten. Section 3. That Section 337.26 of the Codified Ordinances of the City of Dublin is hereby amended to read as is set forth in Exhibit "c" attached hereto and incorporated herein as if fully rewritten. Section 4. That former Sections 333.01, 333.99 and 337.26 are hereby repealed. Section 5. That this ordinance is declared to be an emergency so as to enable the city to enforce the new state OMVI and Child Restraint Systems laws for the immediate preservation of the public health, safety and welfare. Therefore, this Ordinance shall be effective immediately. - Passed this.3 y d.. day of () r!/t () her , 1994. .... llJY MA R - RESIDING OFFICER ATTEST: ~~(l(~ CLERK OF COUNCIL '"""'" --.~. " .-.~..~,.~ ~ MEMORANDUM DATE: September 8, 1994 TO: Timothy C. Hansley, City Manager and Dublin City Council FROM: Carlile Patchen & Murphy mil]:; "'.,o, RE: Ordinance Amending Sections of the Codified Ordinances of the City of Dublin, Ohio Regarding OMVI and Child ,.-. Restraint Systems in Motor Vehicles l ....... Enclosed with this memorandum is a copy of the proposed ordinance which would amend sections of the codified ordinances of the City of Dublin relative to the OMVI section and previous section concerning the use of child restraint systems in motor vehicles. The proposed changes are made in order to comply with recent changes made at the state level. Operating a Motor Vehicle After Under-Aqe Alcohol Consumption It is proposed that Section 33.01 be amended to include the new offense of "operating a motor vehicle after under-age alcohol consumption." This offense applies to persons under 21 years of age who are operating a motor vehicle after having consumed alcohol. The change, embodied in state law, makes it an offense for that group of people to operate a motor vehicle with a concentration of 0.02% or more of alcohol in their blood and/or breath. The amendments would also affect the penalty provision set forth in Section 333.99 of the Codified Ordinances. Those individuals found guilty of operating a motor vehicle after under- age consumption of alcohol, will be punished in accordance with the proposed amendments, provided that the blood alcohol contact does not exceed 0.10%. In that event, those offenders would be treated in the same manner as previously set forth in our ordinances. ~ Incidentally, our former code provisions only apply to individuals under the age of 18. Child Restraint Systems in Motor Vehicles It is proposed that Section 337.26 of the Codified Ordinances be amended to comply with recent changes in state law. The previous code section provided for an exemption for persons who were not the parent of the child that was older than one year of age. The revised provision, which is embodied in the state law, would require that all children, 4 years of age or under 40 pounds be transported in the appropriate child restraint system. The requirement applies to parents and other persons, including nursery schools, kindergartens and/or daycare centers. The penalty provisions have changed, as well. Previously, a maximum fine of $35.00 could only be assessed upon a - __cl<. ~~,.,.,."..' Tf.f -'!Il ~ , . - violation. The amendment would lift the $35.00 cap thereby permitting the court discretion in levying a fine up to a maximum of $100.00. In addition, pursuant to state law, 65% of every fine is to be forwarded to the Treasurer of the State of Ohio for deposit in the Child Highway Safety Fund. A revision of the code section in order to comply with the state law mandates is necessary for our mayor's court to meet its budgetary requirements. ,~ ( "-'" ,~ "-" SRM/PJS/118584 035505.097 2 ,_ ,..~-",,,,,,,,,,,,,_~_,,"~ "~,~.'_ "' ~ III 'j'f ~ C'- -, "',, I ":",1f,'_: ~',J(' r' "J': ,'fW'_",,,",,,_-,'C_,,,,,,,,,__,,,;~,,,,,,,,>-,,,,,,==,,,,,,,,~'~-'_""'''''V_W' 333.01 Driving or physical control while under the influence of alcohol or drugs or with certain concentration of alcohol in bodily substances; chemical analysis. (a) Operation Generally. No person shall operate any vehicle, streetcar, or trackless trolley within this state, if any of the following apply: (1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; r- (2) The person has a concentration of ten-hundredths of ~' one per cent or more by weight of alcohol in his blood; (3) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his breath; (4) The person has a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his urine. (b) Operating a Motor Vehicle After Under-Aqe Alcohol Consumption. No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this state, if any of the following apply: (1) The person has a concentration of at least two-hundredths of one per cent but less than ten-hundredths of one per cent by weight of alcohol in his blood; (2) The person has a concentration of at least ,~ two-hundredths of one gram but less than c ten-hundredths of one gram by weight of alcohol per ~ two hundred ten liters of his breath; (3) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of his urine. (c) One Conviction Limitation. In any proceeding arising out of one incident, a person may be charged with a violation of division (a) (1) and a violation of division (a) (2), (3) or (4), or (b) (1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions. 1 EXHIBIT JL All-STATE" INTERNATIONAL ""_",~~,,-_,"'""'-;"'''''''--'''-_'_-,,,,"-';lIL'ij.,l0lLjLJ':4ltiiilllili''C -- :-- ~ I! Ii. r,~ N~.",,_~~,"_'_'_____""_,m_'.-_ _____ (d) Physical Control Generally. No person shall be in actual physical control of any vehicle within the Municipality, if any of the following apply: (1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; (2) The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood; (3) The person has a concentration of ten-hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath; (4) The person has a concentration of fourteen- hundredths (0.14) of one gram or more by weight of alcohol per 100 milliliters of his urine. (e) Physical Control After Under-Age Alcohol Consumption. No person under twenty-one years of age shall be in actual physical control of any vehicle within this Municipality, if any of the following apply: (1) The person has a concentration of at least two- hundredths of one percent (0.02%) but less than ten-hundredths of one percent (0.10%) by weight of alcohol in his blood; (2 ) The person has a concentration of at least two hundredths (0.02) of one gram but less than ten- hundredths (0.10 ) of one gram by weight of alcohol per 210 liters of his breath; (3) The person has a concentration of at least twenty- rIi"""" eight one-thousandths (0.028) of one gram but less than fourteen-hundredths (0.14) of one gram by ~. weight of alcohol in his urine. (f) (1) Evidence: Tests: Immunity. In any criminal prosecution or juvenile court proceeding for a violation of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, the court may admit evidence on the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant's blood, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance withdrawn within two hours of the time of the alleged violation. 2 ^.~."~..- '" "_"-~'.i~ '.~ -'~""~,.'."'~~--'"'- When a person submits to a blood test at the request of a police officer under section 4511.191 [4511.19.1] of the Ohio Revised Code, only a physician, a registered nurse, or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol, drug, or alcohol and drug content. This limitation does not apply to the taking of breath or urine specimens. A physician, a registered nurse, or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of ~ the blood, if in his opinion the physical welfare of the person would be endangered by the withdrawing of blood. Such bodily substance shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director of health pursuant to section 3701.143 [3701.14.3] of the Ohio Revised Code. (2) In a criminal prosecution or juvenile court proceeding for a violation of division (a) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance substantially equivalent to division (a) of this section relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, if there was at the time the bodily substance was withdrawn a concentration of less than ten-hundredths of one per cent by weight of alcohol in the defendant's blood, less than ten-hundredths of one gram by weight of alcohol per two hundred ten liters of his breath, or less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of his urine, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (b) of this section or of a municipal ordinance ~ substantially equivalent to division (b) of this section relating to operating a vehicle with a prohibited concentration of alcohol '~ in the blood, breath, or urine. (3) Upon the request of the person who was tested, the results of the chemical test shall be made available to him, his attorney, or his agent, immediately upon the completion of the chemical test analysis. The person tested may have a physician, a registered nurse, or a qualified technician or chemist of his own choosing administer a chemical test or tests in addition to any administered at the request of a police officer, and shall be so advised. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a police officer. 3 -~~'.C"-'-~~. ~~..,.,;;<I,: ,. ~""_. r '~~~.-'.""""~-~"~~-~--- (4) Any physician, registered nurse, or qualified technician or chemist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person. .".,.. (O.R.C. 4511.19 ) .- 4 -',~. ,~ ".;" h.hi;:ii;i!i'i!I;fn1 . ~~~~ -.' _I 333.99 PENALTY. (a) General Classi fication; Speedin~ Exceptions. Whoever violates any provision of this chapter, for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty_ of a misdemeanor of the third degree. When any person is found guilty of a first offense for a violation of Section 333.03 upon a finding that he operated a motor vehicle faster than thirty-five miles an hour in a business district, or faster than fifty miles an hour in other portions, or faster than thirty-five miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree. (ORC 4511.99) - EXHIBIT _13 ALL-STATE'" INTERNATIONAL _.=..".~"" ""~,"",,,".""- III 1 n:._ r ,\,.,1. .~~ (b) Drivin~ Under the Influence. Whoever violates Section 333.01(a) in addition to the license suspension or revocation provided in Ohio R.C. 4507.16, and any disqualification imposed under Ohio R.C. 4506.16, shall be punished as provided in paragraph (1), (2), (3) or (4) below. The court, in addition to and independent of any sentence that it imposes upon the offender for a violation of Section 333.01(a) or (b), shall order the immobilization of the vehicle and impound- ment of the license plates or forfeiture of the vehicle as provided in Ohio R.C. 4S 11.193: (1) If, within five years of the offense, the offender has not been convicted of or pleaded guilty to any violation of Ohio R.C. 4S 11.19, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine, Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in Division (D) of that section, or Ohio R.C. 2903.06, 2903.07 or 2903.08 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the offender is guilty of a misdemeanor of the first degree and the court shall sentence the offender to a term of imprisonment of three consecutive days and may sentence the offender pursuant to Section 303.99(b) to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000). The court may suspend the execution of the mandatory three consecutive days of imprisonment that it is required to impose by this paragraph, if the court, in lieu of the suspended term of imprisonment, places the offender on probation and requires the offender to attend, for three con- secutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10. The court also may suspend the execution of any part of the mandatory three consecutive days of imprisonment that - .>~,"" "'--""",~ n-',l"- 11" On] ~-_...--- it is required to impose by this paragraph, if the court places the offender on probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards. adopted pursuant to Ohio R.C. Chapter 3793 by the State Director of Alcohol and Drug Addiction Services, in addition to the required attendance at a drivers' inter- vention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on his progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary. (2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of Ohio R.C. 4511.19, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine, Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in Division (D) of that section, or Ohio R.C. 2903.06, 2903.07 or 2903.08 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the offender is guilty of a misdemeanor of the first degree and, except as provided in this paragraph, the court shall sentence the offender to a term of imprisonment of ten consecutive days and may sentence the offender pursuant to Section 303.99(b) to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to paragraph (8) hereof, the court may impose upon the offender a .. sentence consisting of both a term of imprisonment of five consecutive days and not less than eighteen consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The five consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed six months. The five consecutive'days of imprisonment do not have to be served prior to or consecutively with the period of electronically monitored house arrest. In addition, the court shall impose upon the offender a fine of not less than three hundred dollars ($300.00) and not more than one thousand five hundred dollars ($1,500). In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Ohio R.C. 3793.10. If the officials of the drivers' intervention program determine that the - ._._..~"^- -~.l\ f1J- . offender is alcohol dependent, they shall notify the court, and the court shall order the offender to obtain treatment through an alcohol and drug addiction program authori zed by Ohio R. C. 3793.02. The cost of the treatment shall be paid by the offender. (3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two violations of Ohio R.C. 4511.19, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of k abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine, Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in Division (D) of that section, or Ohio R.C. 2903.06, 2903.07 or 2903.08 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, except as provided in this paragraph, the court shall sentence the offender to a term of imprisonment of thirty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this paragraph, but subject to paragraph (8) hereof, the court may impose upon the offender a sentence consisting of both a term of imprisonment of fifteen consecutive days and not less than fifty-five consecutive days of electronically monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). The fi fteen consecutive days of imprisonment and the period of electronically monitored house arrest shall not exceed one year. The fi fteen consecutive days of imprisonment do not have to be served prior to or consecutively with the period of electronically monitored house arrest. In addition, the court shall impose upon the offender a fine of not less than five hundred dollars ($500.00) and not more than twenty-five hundred dollars ($2,500). "- In addition to any other sentence that it imposes upon the offender, the court shall require the offender to attend an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The cost of ,- the treatment shall be paid by the offender. If the court determines that the offender is unable to pay the cost of his attendance at the treatment program, the court may order that payment of the cost of the offender's attendance at the treatment program be made from that court's indigent drivers alcohol treatment fund. (4) If, within five years of the offense, the offender has been convicted of or pleaded guilty ot three or more violations of Ohio R.C. 4511.19, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine, Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions ,-".~=~"-"""- -'"' ,~~'"'"" ~ ' "I _ __. ~ 'If t"r , described in Division (D) of that section, or of Ohio R.C. 2903.06, 2903.07 or 2903.08 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of sixty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. - In addition, the court shall impose upon the offender a fine of not less than seven hundred fi fty dollars ($750.00) nor more than ten thousand dollars ($10,000). "- In addition to any other sentence that it imposes upon the offender, the court shall require the person to attend an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The cost of the treatment shall be paid by the offender. If the court determines that the offender is unable to pay the cost of his attendance at the treatment program, the court may order that payment of the cost of the offender's attendance at the treatment program be made from the court's indigent drivers alcohol treatment fund. (5) A. Except as provided in paragraph (5)B. hereof, upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to paragraphs (1) to (4) hereof to continue his employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the three, ten, thirty or sixty consecutive days of imprisonment that the court is required by paragraphs (1) to (4) hereof to impose. No court shall authorize work release from imprisonment during the three, ten, thirty or sixty consecutive days of imprisonment that the court is required by paragraphs (1) to (4) hereof to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and the time actually spent under employment. B. An offender who is sentenced pursuant to paragraph (2) or (3) hereof to a term of imprisonment followed by a period of electronically monitored house arrest is not eligible for work release from imprisonment, but - that person shall be permitted work release during the period of electronically monitored house arrest. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and his home or other place specified by the sentencing court and the time actually spent under employment. ,-' J ~ "'_'~"C_~'_"^,,,,~-'<",__ ,,__, _ _ , ~_no_~~- it I. ...~-J--l _ r .. -','-'---~"- -- (6) Notwithstanding any section of the Ohio Revised Code or this Traffic Code that authorizes suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprison- ment, no court shall suspend the ten, thirty or sixty consecutive days of imprisonment required to be imposed by paragraphs (2) to (4) hereof or place an offender who is sentenced pursuant to paragraphs (2) to (4) hereof in any treatment program in lieu of imprisonment until after the offender - has served the ten, thirty or sixty consecutive days of imprisonment required to be imposed pursuant to paragraphs (2) to (4) hereof, and no court that imposes a sentence of imprisonment and a period of electronically monitored house arrest upon an offender under paragraph (2) or (3) hereof shall suspend any portion of the sentence or place the offender in any treatment program in lieu of imprisonment or electronically monitored house arrest. Notwithstanding any section of the Ohio Revised Code or this Traffic Code that authorizes the suspension of the imposition or execution of . a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court, except as specifically authorized by paragraph (1) hereof, shall suspend the three consecutive days of imprison- ment required to be imposed by paragraph (1) hereof or place an offender who is sentenced pursuant to paragraph (1) hereof in any treatment program in lieu of imprisonment until after the offender has served the three consecutive days of imprisonment required to be imposed pursuant to paragraph (1) hereof. (7) No court shall sentence an offender to an alcohol treatment program pursuant to paragraphs (1) to (4) hereof unless the treatment program complie:: with the minimum standards adopted pursuant to Ohio R.C. Chapter 3793 by the State Director of Alcohol. and Drug Addiction Services. (8) No court shall impose the alternative sentence of a term of imprisonment of five consecutive days plus not less than eighteen consecutive days of electronically monitored house arrest permitted to be imposed by paragraph (2) hereof, or the alternative sentence of a term of imprisonment of fifteen consecutive days plus not less than fifty-five consecutive days of electronically monitored house arrest permitted to -- be imposed pursuant to paragraph (3) hereof, unless within sixty days of the date of sentencing, the court issues a written finding, entered into the record, that due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon him, the offender will not be able to commence serving his term of imprisonment within the sixty-day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of a term of imprisonment and a term of electronically monitored house arrest permitted to be imposed by paragraph (2) or (3) hereof. (ORC 4511.99) (9) As used in this section, "three consecutive days" means seventy-two consecu ti ve hours. (ORC 4511.991) ",~~.........' ., ~".,""",__J r- ~tL' 'j --..-,..".- '- (10) Twenty-five dollars ($25.00) of any fine imposed for violation of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine shall be deposited into the municipal or county indigent drivers alcohol treatment fund created pursuant to Ohio R.C. 4511.19l(N). (ORC 4511.193) (Ord. 72-93. Passed 9-20-93.) ~ ~..... operating a Motor Vehicle After Under-Aqe Consumption. (c) (1) Whoever violates division (b) of section 333.01 is guilty of operating a motor vehicle after under-age alcohol consumption and shall be punished as follows: (a) If, within one year of the offense, the offender has not been convicted of or pleaded guilty to any violation of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (d) of that section, or section 2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the offender is guilty of a misdemeanor of the fourth degreei (b) If, within one year of the offense, the offender has been convicted of or pleaded guilty to any violation of division (A) or (B) of section 4511.19 of the Revised Code, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a ~. prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, or section 2903.06, 2903.07, 2908.08 of the Revised Code or a municipal ordinance that is substantially similar to section 2903.07 of the Revised Code in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the offender is guilty of a misdemeanor of the third degree. (2) In addition to or independent of all other penalties provided by law, the offender's driver's or conunercial driver's license or permit or non-resident operating privilege shall be suspended in accordance with, and for the period of time specified in, division (E) of section 4507.16 of the Revised Code. . .~..~......~:,..,,,,,,,, ~.^'~ -.'--. , ~'l'l:l iCL.' t' :.T ~. I i'r.lR . 1 (d) Physical Control: Drag Racinq. Whoever violate Section 333.01(d) or (3) or 333.07 is guilty of a misdemeanor of the first degree. (aRC 4511.99) (e) Reckless Operation. Whoever violates Section 333.02 is guilty of a misdemeanor of the first degree. (A.a. ) ...... ~~"l4~" c~ .... ~",. "- '.'~ ii-r'''fM--_ : Jti!t_' 1::11 ,- :."I'_~r:;4L,J--r\j,._,,;;'~' 337.26 CERTAIN CHILDREN TO BE SECURED IN CHILD RESTRAINT SYSTEM, EXCEPTIONS a. When any child who in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in O.R.C. ~4511.01, that is registered by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the ~ manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than 40 pounds. b. When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is registered in this state and is owned, leased, or otherwise under the control of a nursery school, kindergarten, or daycare center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than 40 pounds. c. The failure of an operator of a motor vehicle to secure a child in a child restraint system as required in this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the ~ child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a ~ violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section. d. This section does not apply when an emergency exists that threatens the life of any person operating a motor vehicle to whom this section otherwise would apply or the life of any child who otherwise would be required to be restrained under this section. e. If a person who is not a resident of this state is charged with a violation of division (a) or (b) above and does not prove to the court, by a preponderance of the evidence, that his use or nonuse of a child restraint system was in accordance with the law of the state of which he is a resident, the court shall impose the fine levied by division (f) below. EXHIBIT C ALL-STATE'" INTERNATIONAL _~.~_"""'-~"""" _..._"""":,...,;;,;......~ 't'".......:r.r:-:c tlV ~-"'''='''"'''''''=~~.~~~--,.~'-- the law of the state of which he is a resident, the court shall impose the fine levied by division (f) below. f. (1) Whoever is a resident of the state and violates division (a) or (b) of this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree. (2) Whoever is not a resident of this state and violates division (a) or (b) of this section, and fails to prove by ~ a preponderance of the evidence that his use or nonuse of a child restraint system was in accordance with the law of the state of which he is a resident is guilty of a minor misdemeanor on a first ~ offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree. (3) Sixty-five percent of every fine imposed pursuant to this division shall be forwarded to the Treasurer of the State of Ohio for deposit in the Child Highway Safety Fund created by division (G) of O.R.C. ~4511.81. The balance of the fine shall be disbursed as otherwise provided by law. (O.R.C. ~~4511.81 and 4511.99(H)) - 'lIIiIlIo"