136-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
' ~I Ordinance No. 136-03 Passed , 20
AN ORDINANCE AMENDING THE DUBLIN
TRAFFIC CODE AND RELATED SENTENCING
PROVISIONS TO CONFORM WITH STATE LAW
CHANGES, AND DECLARING AN EMERGENCY
WHEREAS, the Ohio Legislature passed two major laws, Senate Bill 123 and
House Bill 490, to take effect on January 1, 2004, which will have enormous
ramifications on the policy and procedures of police departments, court staffs,
judges and prosecutors across the State; and
WHEREAS, American Legal Publishing has prepared a Special Supplement
' to the Dublin Codified Ordinances to incorporate the State law changes
mandated by Senate Bill 123 and House Bill 490; and
WHEREAS, it is the intent of the Legislative Authority to accept these
updated sections in accordance with the changes of the law of the State of
Ohio.
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 Special Supplement to the Dublin Code of Ordinances
(Supplement #13) as submitted by American Legal Publishing Corporation of
Cincinnati, Ohio and on file with the Clerk of Council, is hereby adopted by
reference as if set out in its entirety.
SECTION 2. That such supplement shall be deemed published as of the
effective date of its adoption and approval by the Legislative Authority, and
the Clerk of Council is hereby authorized and ordered to insert such
supplement into the copy of the Code of Ordinances kept on file in the Office
of the Clerk of Council.
SECTION 3. 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 these amendments must be
adopted by the City of Dublin in order to conform with State law changes
effective on January 1, 2004. This ordinance shall therefore be effective
upon January 1, 2004.
Passed this if ~ ~ day of 1 l ~ ~ , 2003
_
y residing Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Deput Jerk of Council, 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: December 11, 2003
RE: Ordinance 136-03 (Traffic and Misdemeanor Sentencing Laws)
The Ohio Legislature has passed two major laws, S.B. 123 and H.B. 490, which go into
effect on January 1, 2004. These laws will have enormous ramifications on the policy and
procedures of police departments, court staffs, judges, and prosecutors across the State.
Accordingly, American Legal Publishing prepared a special supplement which, upon adoption,
will bring the Dublin Code into conformity with the; new state traffic and misdemeanor
sentencing laws. American Legal Publishing prepared the changes in supplement format, rather
than ordinance format, due to the massive number of changes that had to be made.
The Law Department would ask the Council to dispense with the second reading and pass
Ordinance 136-03 as an emergency so that the new provisions will take effect on January 1,
2004. This will ensure that cases can be charged under local ordinance and can be heard in the
Mayor's Court. Contained herein is a brief summary of each of the new state laws, which
American Legal Publishing used as a basis for the supplement:
Senate Bill 123: S.B. 123 will affect more than 400 Revised Code sections, is over 1,000
pages long, and is one of the largest non-budget bills evf;r enacted in Ohio history. S.B. 123 is
not retroactive, but rather applies only in relation to conduct and offenses committed after the
effective date. S.B. 123 was intended to simplify and streamline the state's traffic laws.
S.B. 123 will impact operating a vehicle under the influence (formerly OMVI, now called
"OVI"), driver's license suspensions, immobilization and forfeiture of vehicles, financial
responsibility, speeding, and juvenile traffic laws. There are too many changes to list in detail in
this brief memo; however, below are some of the highlights of the changes.
o OVI-There is no longer the requirement that the vehicle must have a motor; and
therefore, the crime can include bicycles, horse carriages, and so forth. Law enforcement
officers must read a new consequences (penalty) form to persons stopped on suspicion of
OVI. There is a new "physical control" violation for people that are intoxicated while in
physical control of vehicle, but not actually driving. Defendants will now be given thirty
days, instead of five days, to appeal their administrative license suspension. The "look
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back" period used in determining jurisdiction and sentencing is extended to six years, as
opposed to five years under the old law.
o License SuspensionsS.B. 123 gathers and standardizes the law governing most license
suspensions into new Chapter 4510. Suspensions will be classified as Class 1 though 7
for court suspensions and classified as Class A through F for Administrative (BMV)
Suspensions. Suspension periods change for a handful of offenses. One notable
substantive change is that law enforcement officers will now be allowed to charge under
the DUS section for offenses that occur on private land used for vehicular traffic and
parking. Also, limited driving privileges can now include more than "occupational"
purposes. Limited driving privileges will now be allowed for educational, vocational,
medical, and court-ordered treatment.
o Immobilization and Forfeiture-A vehicle can no longer be seized, immobilized, or
forfeited unless the offender owns the vehicle. The bills states that a person owns a
vehicle if, at the time of the violation, the vehicle is registered in the person's name.
Additionally, the new law expands and toughens penalties for wrongful entrustment of
vehicle.
o Financial ResponsibilitX-Former law did not allow limited driving privileges during the
first thirty days of the suspension. Under the ne;w law, the court may grant privileges
during the BMV suspension. Also, the new law imposes new affirmative defenses and
guidelines for BMV termination of suspensions.
o Speeding-The new law reduces the penalty fora 2"d speeding violation in a year from
an M-4 to a minor misdemeanor. It reduces the penalty for two priors in a year from an
M-3 to an M-4. With three or more priors, it remains an M-3. The new law now ties
points for speeding solely to the speed over the speed limit, rather than based upon the
number of prior moving violations.
o Juvenile Traffic Laws-The new law attempts to align juvenile traffic law with the new
adult suspension classes and expanded driving privileges.
House Bi11490: H.B. 490 replaces the former Misdemeanor Sentencing Law with a new law
that provides a variety of sentencing options available to a court sentencing an offender for a
misdemeanor. This would include jail terms, community residential sanctions, and fines and
other financial sanctions. The fine for a minor misdemeanor will be raised to a maximum of
$150 compared to $100 under existing law. H.B. 490 repeals a court's authority to impose
"probation" on a misdemeanor offender and generally replaces the repealed probation with the
authority to directly sentence an offender to one or more "community controlled sanctions."
As always, please contact this office if you have any questions or wish to further discuss
this matter.
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