03-04 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 03-Od Passed . 2~.
AN ORDINANCE AMENDING THE DUBLIN CODE SECTIONS RELATING
TO LICENSE SUSPENSION AND CANCELLATION AND RELATED
PROVISIONS, AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 136-03, passed on December 15, 2003 brought the
Dublin Code into conformance with the new state laws regarding traffic and
misdemeanor sentencing, as mandated by Senate Bill 123 and House Bill
490; and
WHEREAS, some critical sections pertaining to driver's license suspensions
and related provisions were not included in the supplement provided by
American Legal Publishing; and
WHEREAS, it is the intent of the Legislative Authority to accept these
provisions in accordance with the changes of the law of the State of Ohio;
and
WHEREAS, the Law Department has recommended the addition of Dublin
Code §71.19, which prevents persons from driving when that person has
never held a valid driver's or commercial driver's license issued by this state
or any other jurisdiction, as proposed in Ohio House Bill 324; and
WHEREAS, it is the intent of the Legislative Authority to accept this provision.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring:
SECTION 1. That the attached additions to the Supplement #13 to the
Dublin Code of Ordinances as submitted by American Legal Publishing
Corporation of Cincinnati, Ohio are hereby adopted.
SECTION 2. That this ordinance is declared to be an emergency measure
necessary for the immediate preservation of the public peace, health, safety
or welfare, and for the further reason that it is desirable that these provisions
be effective immediately in order to ensure that these cases can be charged
under the local ordinance and heard in the Mayor's Court. This ordinance is
therefore effective immediately upon passage.
Passed this ~ day of Qir~~ , 2004
~ ~ - .
Mayor -Presiding Officer
ATTEST:
Qi~-~.i-z-lr ~'
Clerk of Council
I hereby certify that copies of thi;
Ordinance/Resolution were posted in thf
City of Dublin in accordance with Sectior
731.25 of the Ohio Revised Code.
l
D uty Clerk of Counci ,Dublin, Ohio
MEMORANDUM
TO: Dublin City Council
Jane Brautigam, City Manager
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
Mitchell H. Banchefsky, Asst. Law Director
J. Corey Colombo
DATE: January 14, 2004
RE: Ordinance 03-04 (License Suspension and Cancellation and Related Provisions)
The Council passed Ordinance 136-03 at the December 15, 2003 meeting, which brought
the Dublin Code into conformity with the new state traffic and misdemeanor sentencing laws.
American Legal Publishing ("ALP") prepared the new code sections in supplement format.
Unfortunately, ALP left out some critical sections pertaining to driver's license suspensions and
related provisions that appear in the state law. Accordingly, ALP has prepared an additional
supplement which addresses these issues.
In addition, the Law Department has drafted a revision to Dublin Code Section 71.19 to
address the oversight by the Ohio Legislature in drafting the penalty section of the No Operators
License charge. This change is identical to the proposed language contained in Ohio House Bill
324, which is pending in the Ohio Legislature to addresses the same issue in the Ohio Revised
Code.
The Law Department would ask the Council to dispense with the second reading and pass
Ordinance 03-04 as an emergency so that the new provisions will take effect as soon as possible.
This will ensure that license suspension and related cases can be charged under local ordinance
and can be heard in the Mayor's Court.
As always, please contact this office if you have any questions or wish to further discuss
this matter.
ALP
ADDITIONAL
PAGES
§ 71.18 DRIVING UNDER SUSPENSION OR IN
VIOLATION OF LICENSE RESTRICTION.
(A) No person whose driver's or commercial driver's license or permit or
nonresident operating privilege has been suspended under any provision of the
Revised Code, other than R.C. Chapter 4509, or under any applicable law in any other
jurisdiction in which the person's license or permit was issued shall operate any motor
vehicle upon the public roads and highways or upon any public or private property used
by the public for purposes of vehicular travel or parking within this municipality during
the period of suspension unless the person is granted limited driving privileges and is
operating the vehicle in accordance with the terms of the limited driving privileges.
(B) No person shall operate any motor vehicle upon a highway or any public
or private property used by the public for purposes of vehicular travel or parking in this
municipality in violation of any restriction of the person's driver's or commercial driver's
license or permit imposed under R.C. § 4506.10(D) or 4507.14.
(C) (1) Whoever violates this section is guilty of driving under suspension
or in violation of a license restriction, a misdemeanor of the first degree. The court shall
impose upon the offender a class seven suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in R.C. § 4510.02 (A)(7).
(2) Except as provided in division (C)(3) or (4) of this section, the court,
in addition to any other penalty that it imposes on the offender and if the vehicle is
registered in the offender's name, shall order the immobilization of the vehicle involved
in the offense for 30 days in accordance with R.C. § 4503.233 and the impoundment of
that vehicle's license plates for 30 days.
(3) If the offender previously has been convicted of or pleaded guilty to
one violation of R.C. § 4510.11, this section, or of a substantially similar municipal
ordinance, the court, in addition to any other sentence that it imposes on the offender
and if the vehicle is registered in the offender's name, shall order the immobilization of
the vehicle involved in the offense for 60 days in accordance with R.C. § 4503.233 and
the impoundment of that vehicle's license plates for 60 days.
(4) If the offender previously has been convicted of or pleaded guilty to
two or more violations of R.C. § 4510.11, this section, or of a substantially similar
municipal ordinance, the court, in addition to any other sentence that it imposes on the
offender and if the vehicle is registered in the offender's name, shall order the criminal
forfeiture of the vehicle involved in the offense to the state.
(D) Any order for immobilization and impoundment under this section shall be
issued and enforced under R.C. § 4503.233. The court shall not release a vehicle from
immobilization ordered under this section unless the court is presented with current
proof of financial responsibility with respect to that vehicle.
Page 2
(E) Any order of criminal forfeiture under this section shall be issued and
enforced under R.C. § 4503.234. Upon receipt of the copy of the order from the court,
neither the registrar of motor vehicles nor a deputy registrar shall accept any application
for the registration or transfer of registration of any motor vehicle owned or leased by
the person named in the declaration of forfeiture. The period of registration denial shall
be five years after the date of the order, unless, during that period, the court having
jurisdiction of the offense that led to the order terminates the forfeiture and notifies the
registrar of the termination. The registrar then shall take necessary measures to permit
the person to register a vehicle owned or leased by the person or to transfer registration
of the vehicle.
(R.C. § 4510.11)
(F) It is an affirmative defense to any prosecution brought under this section
that the alleged offender drove under suspension, without a valid permit or driver's or
commercial driver's license, or in violation of a restriction because of a substantial
emergency, and because no other person was reasonably available to drive in
response to the emergency.
(R.C. § 4510.04)
§ 71.19 OPERATING MOTOR VEHICLE WITHOUT
VALID LICENSE.
(A) (1) No person, except those expressly exempted under sections 4507.03,
4507.04, and 4507.05 of the Revised Code, shall operate any motor vehicle upon a
public road or highway or any public or private property used by the public for purposes
of vehicular travel or parking in this state unless the person has a valid driver's license
issued under Chapter 4507. of the Revised Code or a commercial driver's license
issued under Chapter 4506. of the Revised Code.
(2) No person, except a person expressly exempted under sections
4507.03, 4507.04, and 4507.05 of the Revised Code, shall operate any motorcycle
upon a public road or highway or any public or private property used by the public for
purposes of vehicular travel or parking in this state unless the person has a valid
license as a motorcycle operator that was issued upon application by the registrar of
motor vehicles under Chapter 4507 of the Revised Code. The license shall be in the
form of an endorsement, as determined by the registrar, upon a driver's or commercial
driver's license, if the person has a valid license to operate a motor vehicle or
commercial motor vehicle, or in the form of a restricted license as provided in section
4507.14 of the Revised Code, if the person does not have a valid license to operate a
motor vehicle or commercial motor vehicle.
(B) Whoever violates this section is guilty of operating a motor vehicle without a
valid license and shall be punished as follows:
Page 3
(1) If the trier of fact finds that the offender never has held a valid driver's
or commercial driver's license issued by this state or any other jurisdiction, the
offense is a misdemeanor of the first degree.
(2) (a) Subject to division (B)(2)(b) of this section, if the offender's
driver's or commercial driver's license or permit was expired at the time of the
offense for no more than six months, the offense is a minor misdemeanor and if
the offender's driver's or commercial driver's license or permit was expired at the
time of the offense for more than six months, the offense is a misdemeanor of
the fourth degree.
(b) (i) If the offender previously was convicted of or pleaded
guilty to one violation of this section or a substantially equivalent municipal
ordinance within the past three years, the offense is a misdemeanor of the
third degree.
(ii) If the offender previously was convicted of or pleaded
guilty to two violations of this section or a substantially equivalent
municipal ordinance within the past three years, the offense is a
misdemeanor of the second degree.
(iii) If the offender previously was convicted of or pleaded
guilty to three or more violations of this section or a substantially
equivalent municipal ordinance within the past three years, the offense is
a misdemeanor of the first degree.
(C) The court shall not impose a license suspension for a first violation of this
section or if more than three years have passed since the offender's last violation of this
section or a substantially equivalent municipal ordinance.
(D) If the offender was convicted of or pleaded guilty to one or more violations of
this section or a substantially equivalent municipal ordinance within the past three
years, and if the offender's license was expired for more than six months at the time of
the offense, the court may impose a class seven suspension of the offender's driver
license, commercial driver's license, temporary instruction permit, probationary license,
or nonresident operating privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code.
(R.C. § 4510.12)
§ 71.20 DRIVING UNDER OVI SUSPENSION.
Page 4
(A) No person whose driver's or commercial driver's license or permit or
nonresident operating privilege has been suspended under R.C. § 4511.19, 4511.191,
or 4511.196 or under R.C. § 4510.07 for a conviction of a violation of a municipal OVI
ordinance shall operate any motor vehicle upon the public roads or highways within this
municipality during the period of the suspension.
(B) Whoever violates this section is guilty of driving under OVI suspension
The court shall sentence the offender under R.C. Chapter 2929, subject to the
differences authorized or required by this section.
(1) Except as otherwise provided in division (B)(2) or (3) of this section,
driving under OVI suspension is a misdemeanor of the first degree. The court shall
sentence the offender to all of the following:
(a) A mandatory jail term of three consecutive days. The
three-day term shall be imposed, unless, subject to division (C) of this section, the court
instead imposes a sentence of not less than 30 consecutive days of house arrest with
electronic monitoring. A period of house arrest with electronic monitoring imposed
under this division shall not exceed six months. If the court imposes a mandatory
three-day jail term under this division, the court may impose a jail term in addition to
that term, provided that in no case shall the cumulative jail term imposed for the offense
exceed six months;
(b) A fine of not less than $250 and not more than $1,000;
(c) A license suspension under division (E) of this section;
(d) If the vehicle the offender was operating at the time of the
offense is registered in the offender's name, immobilization for 30 days of the offender's
vehicle and impoundment for 30 days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and enforced in
accordance with R.C. § 4503.233.
(2) If, within six years of the offense, the offender previously has been
convicted of or pleaded guilty to one violation of this section or one equivalent offense,
driving under OVI suspension is a misdemeanor of the first degree. The court shall
sentence the offender to all of the following:
(a) A mandatory jail term of 10 consecutive days.
Notwithstanding the jail terms provided in R.C. §§ 2929.21 to 2929.28, the court may
sentence the offender to a longer jail term of not more than one year. The 10-day
mandatory jail term shall be imposed unless, subject to division (C} of this section, the
court instead imposes a sentence of not less than 90 consecutive days of house arrest
with electronic monitoring. The period of house arrest with electronic monitoring shall
Page 5
not exceed one year;
(b) Notwithstanding the fines provided for in R.C. Chapter 2929,
a fine of not less than $500 and not more than $2,500;
(c) A license suspension under division (E) of this section;
(d) If the vehicle the offender was operating at the time of the
offense is registered in the offender's name, immobilization of the offender's vehicle for
60 days and the impoundment for 60 days of the identification license plates of that
vehicle. The order for immobilization and impoundment shall be issued and enforced in
accordance with R.C. § 4503.233.
(3) If, within six years of the offense, the offender previously has been
convicted of or pleaded guilty to two or more violations of this section or two or more
equivalent offenses, driving under OVI suspension is a misdemeanor. The court shall
sentence the offender to all of the following:
(a) A mandatory jail term of 30 consecutive days.
Notwithstanding the jail terms provided in R.C. §§ 2929.21 to 2929.28, the court may
sentence the offender to a longer jail term of not more than one year. The court shall
not sentence the offender to a term of house arrest with electronic monitoring in lieu of
the mandatory portion of the jail term;
(b) Notwithstanding the fines set forth in R.C. Chapter 2929., a
fine of not less than $500 and not more than $2,500;
(c) A license suspension under division (E) of this section;
(d) If the vehicle the offender was operating at the time of the
offense is registered in the offender's name, criminal forfeiture to the state of the
offender's vehicle. The order of criminal forfeiture shall be issued and enforced in
accordance with R.C. § 4503.234. If title to a motor vehicle that is subject to an order
for criminal forfeiture under this division is assigned or transferred and R.C.
§ 4503.234(8)(2) or (3) applies, the court may fine the offender the value of the vehicle
as determined by publications of the national auto dealer's association. The proceeds
from any fine so imposed shall be distributed in accordance with division R.C.
§ 4503.234(C)(2).
(C) (1) No court shall impose an alternative sentence of house arrest with
electronic monitoring under division (B)(1) or (2) of this section unless, within 60 days of
the date of sentencing, the court issues a written finding on the record that, due to the
unavailability of space at the jail where the offender is required to serve the jail term
imposed, the offender will not be able to begin serving that term within the 60-day
Page 6
period following the date of sentencing.
(2) An offender sentenced under this section to a period of house
arrest with electronic monitoring shall be permitted work release during that period.
(D) Fifty percent of any fine imposed by a court under division (B)(1), (2), or
(3) of this section shall be deposited into the municipal indigent drivers alcohol
treatment fund under the control of that court, as created by the municipality pursuant to
R.C. § 4511.191(H).
(E) In addition to or independent of all other penalties provided by law or
ordinance, the trial judge of any court of record or the mayor of a mayor's court shall
impose on an offender who is convicted of or pleads guilty to a violation of this section a
class seven suspension of the offender's driver's or commercial driver's license or
permit or nonresident operating privilege from the range specified in R.C. § 4510.02
(A)(7).
(1) When permitted as specified in R.C. § 4510.021, if the court grants
limited driving privileges during a suspension imposed under this section, the privileges
shall be granted on the additional condition that the offender must display restricted
license plates, issued under R.C. § 4503.231, on the vehicle driven subject to the
privileges, except as provided in R.C. § 4503.231(8).
(2) A suspension of a commercial driver's license under this section
shall be concurrent with any period of suspension or disqualification under R.C.
§ 3123.58 or 4506.16.
(F) As used in this section:
ELECTRONIC MONITORING has the same meaning as in R.C. § 2929.01.
EQUIVALENT OFFENSE means any of the following:
(1) A violation of a municipal ordinance, law of another state, or law of
the United States that is substantially equivalent to division (A) of this section;
(2) A violation of a former law of this state that was substantially
equivalent to division (A) of this section.
JAIL has the same meaning as in R.C. § 2929.01.
MANDATORY JAIL TERM means the mandatory term in jail of 3, 10, or 30
Page 7
consecutive days that must be imposed under division (B)(1), (2), or (3) of this section
upon an offender convicted of a violation of division (A) of this section and in relation to
which all of the following apply:
(1) Except as specifically authorized under this section, the term must
be served in a jail.
(2) Except as specifically authorized under this section, the term
cannot be suspended, reduced, or otherwise modified pursuant to any provision of the
Ohio Revised Code.
(R.C. § 4510.14)
(G) It is an affirmative defense to any prosecution brought under this section
that the alleged offender drove under suspension, without a valid permit or driver's or
commercial driver's license, or in violation of a restriction because of a substantial
emergency, and because no other person was reasonably available to drive in
response to the emergency.
(R.C. § 4510.04)
Statutory reference:
Immobilization of vehicle; impoundment of license plates;
criminal forfeiture of vehicle, see R.C. § 4510.161
§ 71.21 DRIVING UNDER FINANCIAL
RESPONSIBILITY LAW SUSPENSION OR
CANCELLATION.
(A) No person, whose driver's or commercial driver's license or temporary
instruction permit or nonresident's operating privilege has been suspended or canceled
pursuant to R.C. Chapter 4509, shall operate any motor vehicle within this municipality,
or knowingly permit any motor vehicle owned by the person to be operated by another
person in the municipality, during the period of the suspension or cancellation, except
as specifically authorized by R.C. Chapter 4509. No person shall operate a motor
vehicle within this municipality, or knowingly permit any motor vehicle owned by the
person to be operated by another person in the municipality, during the period in which
the person is required by R.C. § 4509.45 to file and maintain proof of financial
responsibility for a violation of R.C. § 4509.101, unless proof of financial responsibility is
maintained with respect to that vehicle.
(B) (1) Whoever violates this section is guilty of driving under financial
responsibility law suspension or cancellation, a misdemeanor of the first degree. The
court shall impose a class seven suspension of the offender's driver's or commercial
Page 8
driver's license or permit or nonresident operating privilege for the period of time
specified in R.C. § 4510.02(A)(7).
(2) If the vehicle is registered in the offender's name, the court, in
addition to or independent of any other sentence that it imposes upon the offender,
shall do one of the following:
(a) Except as otherwise provided in division (B)(2)(b) or (c) of
this section, order the immobilization for 30 days of the vehicle involved in the offense
and the impoundment for 30 days of the license plates of that vehicle;
(b) If the offender previously has been convicted of or pleaded
guilty to one violation of R.C. § 4510.16, this section or a substantially similar municipal
ordinance, order the immobilization for 60 days of the vehicle involved in the offense
and impoundment for 60 days of the license plates of that vehicle;
(c) If the offender previously has been convicted of or pleaded
guilty to two or more violations of this section or a substantially similar municipal
ordinance, order the criminal forfeiture to the state of the vehicle involved in the offense.
If title to a motor vehicle that is subject to an order for criminal forfeiture under this
division is assigned or transferred and R.C. § 4503.234(B)(2) or (3) applies, in addition
to or independent of any other penalty established by law, the court may fine the
offender the value of the vehicle as determined by publications of the national auto
dealers association. The proceeds from any fine so imposed shall be distributed in
accordance with R.C. § 4503.234(C)(2).
(C) Any order for immobilization and impoundment under this section shall be
issued and enforced in accordance with R.C. §§ 4503.233 and 4507.02, as applicable.
Any order of criminal forfeiture shall be issued and enforced in accordance with R.C.
§ 4503.234. The court shall not release a vehicle from immobilization orders under this
section unless the court is presented with current proof of financial responsibility with
respect to that vehicle.
(R.C. § 4510.16)
(D) (1) It is an affirmative defense to any prosecution brought under this
section that the alleged offender drove under suspension, without a valid permit or
driver's or commercial driver's license, or in violation of a restriction because of a
substantial emergency, and because no other person was reasonably available to drive
in response to the emergency.
(2) It is an affirmative defense to any prosecution brought under this
section that the order of suspension resulted from the failure of the alleged offender to
respond to a financial responsibility random verification request under R.C.
Page 9
§ 4509.101(A)(3)(c) and that, at the time of the initial financial responsibility random
verification request, the alleged offender was in compliance with division R.C.
§ 4509.101(A)(1) as shown by proof of financial responsibility that was in effect at the
time of that request.
(R.C. § 4510.04)
Statutory reference:
Immobilization of vehicle; impoundment of license plates;
criminal forfeiture of vehicle, see R.C. § 4510.161
§ 71.22 FAILURE TO REINSTATE LICENSE.
(A) No person whose driver's license, commercial driver's license, temporary
instruction permit, or nonresident's operating privilege has been suspended shall
operate any motor vehicle upon a public road or highway or any public or private
property after the suspension has expired unless the person has complied with all
license reinstatement requirements imposed by the court, the bureau of motor vehicles,
or another provision of the Ohio Revised Code.
(B) Whoever violates this section is guilty of failure to reinstate a license, a
misdemeanor of the first degree. The court may impose upon the offender a class
seven suspension of the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary driver's license, or nonresident operating
privilege from the range specified in R.C. § 4510.02(A)(7).
(R.C. § 4510.21)
(C) It is an affirmative defense to any prosecution brought under this section
that the alleged offender drove under suspension, without a valid permit or driver's or
commercial driver's license, or in violation of a restriction because of a substantial
emergency, and because no other person was reasonably available to drive in
response to the emergency.
(R.C. § 4510.04)