86-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No. 30043
Ordinance No.
86 -07
Passed . 20
WHEREAS, the Dublin Codified Ordinances prohibit the operation of a motor
vehicle on any street, highway, public or private property without due regard for the
safety of persons and property; and
AN ORDINANCE AMENDING SECTIONS 73.02
OF THE DUBLIN CODIFIED ORDINANCES
REGARDING RECKLESS OPERATION
1
1
1
WHEREAS, Council desires to amend the penalty provision of the above prohibition;
and
WHEREAS, Council believes that enhancing the penalty from a lower level
misdemeanor to a more serious penalty will deter dangerous and reckless driving
within the City limits and promote safety of the persons and property of those within
the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, _L/ of the elected members concurring, that:
Section 1. Section 73.02 of the Dublin Codified Ordinances be amended as follows:
§ 73.02 RECKLESS OPERATION
(A) (1) No person shall operate a vehicle on any street or highway without due
regard for the safety of persons or property.
(2) Except as otherwise provided in this division, whoever violates division
(A) of this section is guilty of a ; Y,; ner - m a° i w ithi n of the effe
11111V1 1111 J11V11I , ` °,
th e Vaivaauvi rivYaVU iy has been vvuv ivsv
y eh iel2- 6F tr-affi 4 6ff e nse� . � whoever � ate s divi ( of this see ion is guilty f a
misdemeanor o1 th e f euAh degree f, within one y ear - of the - o -exse, thaeffender
pr- eyieusly has been eon ir of t 'e ei more plLdioate motor vehicle or - trai is
off whoev „l.,tes division (A) o f this seetio gu ilt ) , f ,l f
V aivii�avv, Y ♦aaVVY Vl Y1V14�VU
the third degree. (R.G. §- 451 1—.L9)- misdemeanor of the first degree.
(B) (1) No person shall operate a vehicle on any public or private property
other than streets or highways, without due regard for the safety of persons or
property. This division does not apply to the competitive operation of vehicles on
public or private property when the owner of such property knowingly permits such
operation thereon.
(2) Except as otherwise provided in this division, whoever violates division
(B) of this section is guilty of a minor misaeme non if within of the ff
°hi t,- .Yffie effe „ ° whoever- yiR� division (A\ f th' t. gu r f- a
, ccTr ��Trmr�
misdemeanor of the feui4h degree. if-, -w thin one earef the offense, the ffeade
r
— been - eeiwirted —e ve er- merepredieat met 1, l t r-a ff ie er-
ef,enses wheev v ielates divi (A) of this seetie i s gu il ty of ,..a________ Of
the third degree. (F.G. § - 45 misdemeanor of the first degree.
(C) Upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with R.C. § 4511.98, in
addition to all other penalties provided by law, there shall be imposed a fine of two
times and usual amount imposed for the violation. There shall not be imposed 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 a sentencing, that he is indigent and is
RECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No. 30043
Ordinance No.
u
1
:• 1
Page 2
Passed , 20_
unable to pay the fine imposed pursuant to this section, provided the court determines
the offender is an indigent person and is unable to pay the fine.
Section 2. This Ordinance shall take effect on the earliest date provided by law.
Passed this the day of /Upt11 —P b 0 2007.
Mayor — Presiding Officer
ATTEST:
Clerk of Council
1
T SCHOTTENSTEIN
ZOM E) U N N w.,,.
MEMORANDUM
TO Jane Brautigam, City Manager
Dublin City Council
FROM Stephen J. Smith, Law Director
Stephen J. Smith, Jr., Assistant Law Director
DATE: October 11, 2007
RE: Ordinance 86 -07 Amending Section 73.02 of the Dublin Codified Ordinances
Regarding Reckless Operation
Summary
Section 73.02 of the City of Dublin Codified Ordinances prohibits reckless driving, which is
defined as the operation of a motor vehicle `without due regard for the safety of persons or
property.° For many years, a violation of this provision was a first degree misdemeanor that
carried maximum penalty of a one thousand dollar ($1,000) fine and six months in prison. As
part of the recent updates to the O VI statutes, the penalty for reckless driving was changed to a
minor misdemeanor that carries a maximum penalty of a one hundred and fifty ($150) dollar
fine.
Both the police department and the prosecutor believe that an increased penalty for reckless
driving would act as a deterrent for this type of behavior. In addition, the increased penalty
would permit officers to make an arrest for a violation. Finally, a higher penalty would be
consistent with the OVI penalties and give the Court more flexibility in sentencing offenders.
Please do not hesitate to contact this office if you have any questions regarding this matter.
Recommendation
Staff recommends Council adoption of Ordinance 86 -07 at the second reading /public hearing on
November 5.