72-93 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance No ._______7_a.._'-3__u Passed_ ____u_ --------- - mm19nnl=
AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE :
CODIFIED ORDINANCES OF THE CITY OF DUBLIN PERTAINING
"."... TO PENALTIES FOR DRIVING UNDER THE INFLUENCE AND LICENSING
VIOLATIONS, TO COMPLY WITH CURRENT STATE LAW,
I..- AND DECLARING AN EMERGENCY I
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WHEREAS, the state General Assembly through Senate Bills 275
and 62 has substantially revised and strengthened the penalty
sections contained within the state laws, relative to driving
under the influence and driving under suspension; 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 harmful
effects of driving under the influence and driving under
suspension compel Council to amend the Codified Ordinances to
reflect the new State Dur and DUS laws.
NOW, THEREFORE BE IT OR~AINED by the Council of the City of
DUblin, state of Ohio, of the elected members concurring:
section 1. That section 333.99(b) 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.
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Section 2. That section 335.99 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 former sections 333.99(b) and 335.99 are
hereby repealed.
section 4. That this Ordinance is declared to be an emergency
I so as to enable the City to enforce the new State Dur and DUS
laws for the immediate preservation of the public health,
safety and welfare. Therefore, this Ordinance shall be
effective immediately.
Passed this ,(OJrh ~ I
day of , 1993.
~esti~
r ATTEST:
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Clerk of Council
I hereby certify 1f1at copies of 1f1is OrdinanctlResol<rfk,n were posted in the
City of Dublin in accordance with Section 731.25 of the Ohio Revised Code.
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Clerk of Council, Dublin, Ohio
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333.99 PENALTY.
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(b) Driving Under the Influence. Whoever violates Section 333.01(a) or (b),
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 impoundment of the license
plates or forfeiture of the vehicle as provided in Ohio R.C. 4511.193:
(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.
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 the court shall sentence the offender to a term of
'~i" 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 consecutive 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 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
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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'
intervention 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 dermed 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).
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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 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 authorized 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 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
def"mite 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 fifteen
consecutive days of imprisonment and the period of electronically
monitored house arrest shall not exceed one year. The fifteen
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.
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(4) If, within five years of the offense, the offender has been
convicted of or pleaded guilty to 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 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
rme of not less. than seven hundred fifty 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 dur.ation 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.
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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.
-'" (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 imprisonment, 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 imprisonment 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 paragraph (1) to (4) hereof unless the
treatment program complies 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
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pursuant to paragraph (3) hereof, unless within sixty days of
the date of sentencing, the court issues a written rIDding,
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 rmding,
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 consecutive hours. (ORC 4511.991)
(10) Twenty-five dollars ($25.00) of any rme 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, bFeath or urine shall be
deposited into the municipal or county indigent drivers alcohol
treatment fund created pursuant to Ohio R.C. 4511.191(N).
(ORC 4511.193)
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335.99 PENALTY.
(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty and
penalties applicable to misdemeanor classifications.)
(a) Licensing.
(1) Whoever violates Section 335.01(a)(1) or (3) by operating a motor
vehicle when his driver's or commercial driver's license has been
expired for no more than six months is guilty of a minor
misdemeanor.
(2) Whoever violates Section 335.05 is guilty of permitting the
operation of a vehicle by a person with no legal right to operate a
vehicle, a misdemeanor of the first degree.
(3) Whoever violates Section 335.07(a)(1) is guilty of driving under
rmancial responsibility law suspension or revocation, a
misdemeanor of the first degree.
The court, in addition to and independent of any sentence
that it imposes upon the offender for a violation of Section
335.07(a)(1), shall order the immobilization of the vehicle and
impoundment of the license plates or forfeiture of the vehicle as
provided in Ohio R.C. 4507.361.
Except as otherwise provided in Ohio R.C. 4507.162(D), the
court, in addition to or independent of all other penalties provided
by law, may suspend for a period not to exceed one year the
driver's or commercial driver's license or permit or nonresident
operating privilege of an offender who is sentenced under
paragraph (3) hereof.
(4) Whoever violates Section 335.07(a)(2) or (c)(1) is guilty of driving
under suspension or revocation or in violation of license
restrictions, a misdemeanor of the rU'St degree. Whoever violates
Section 335.07(b) is guilty of driving without paying a license
reinstatement fee, a misdemeanor of the first degree. Except as
otherwise provided in Ohio R.C. 4507.162(D), the court, in addition
to or independent of all other penalties provided by law, may
suspend for a period not to exceed one year the driver's or
commercial driver's license or permit or nonresident operating
privilege of any person who pleads guilty to or is convicted of a
violation of Section 335.07(a)(2), (b) or (c)(l).
(5) Whoever violates Section 335.07(c)(2) is guilty of driving under
OMVI suspension or revocation and shall be punished as provided in
subsection (a)(5) hereof. The court, in addition to and independent
of any sentence that it imposes upon the offender for a violation
of Section 335. 07(c)(2) , shall order the immobilization of the
vehicle and impoundment of the license plates or forfeiture of the
.vehicle as provided in Ohio R. C. 4507.361.
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A. If, . within five years of the offense, the offender has
not been convicted of or pleaded guilty to any violation of
Ohio R.C. 4507.02(D)(2) or a municipal ordinance that is
substantially equivalent to that division, driving under OMVI
suspension or revocation is a misdemeanor of the rU'St
degree and the court shall sentence the offender to a term
of imprisonment of not less than three 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 (5)E. hereof, the court may
sentence the offender to a term of not less than thirty
consecutive days of electronically monitored house arrest as
dermed in Ohio R.C. 2929 . 23(A)( 4). The period of
electronically monitored house arrest shall not exceed six
months. In addition, the court shall impose upon the
offender a fine of not less than two hundred fifty dollars
($250.00) and not more than one thousand dollars ($1,000).
B. If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of Ohio
R.C. 4507.02(D)(2) or a municipal ordinance that is
substantially equivalent to that division, driving under OMVI
suspension or revocation is a misdemeanor, and the court
shall sentence the offender to a term of imprisonment of not
less than ten 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 (5)E. hereof, the court may sentence
the offender to a term of not less than ninety consecutive
days of electronically monitored house arrest as defined in
Ohio R.C. 2929. 23(A)(4). The period of electronically
monitored house arrest shall not exceed one year. In
addition, the court shall impose upon the offender a fine of
not less than five hundred dollars ($500.00) and not more
than two thousand five hundred dollars ($2,500).
C. If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations
of Ohio R.C. 4507.02(D)(2) or a municipal ordinance that is
substantially equivalent to that division, driving under OMVI
suspension or revocation is a misdemeanor. The court shall
sentence the offender to a term of imprisonment of not less
than thirty consecutive days and may sentence the offender
to a longer definite term. or imprisonment of not more than
one year. The court shall not sentence the offender to a
term of electronically monitored house arrest as defined in
Ohio R.C. 2929.23(A)(4). In addition. the court shall impose
upon the offender a fine of not less than five hundred dollars
($500.00) and not more than two thousand five hundred
dollars ($2,500).
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D. In addition to or independent of all other penalties
provided by law or ordinance, the judge shall suspend for a
period not to exceed one year the driver's or commercial
driver's license or permit or nonresident operating privilege
of an offender who is sentenced under Section (a)(5)A. to C.
hereof.
E. No court shall impose the alternative sentence of not
less than thirty consecutive days of electronically monitored
house arrest, permitted to be imposed by paragraph (5)A.
hereof, or the alternative sentence of a term of not less than
.- ninety consecutive days of electronically monitored house
arrest permitted to be imposed by paragraph (S)B. hereof,
w1less 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 begin 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 or including electronically
monitored house arrest permitted to be imposed by
paragraph (5)A. or B. hereof.
F. An offender sentenced under this section to a period of
electronically monitored house arrest shall be permitted
work release during such period. 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. .
(ORC 4507.99)
(6) Except as provided in subsection (a)(1) to (5) above, whoever
violates any provision of Section 335.01 to 335.07 is guilty of a
misdemeanor of the first degree.
(ORC 4507.99; ORC 4511.99)
(7) Whoever violates Section 335.08 is guilty of a misdemeanor of the
second degree.
(8) Whoever violates Section 335.09(b) or 335.11 is guilty of a
misdemeanor of the fourth degree on a first offense; on each
subsequent offense such person is guilty of a misdemeanor of the
third degree. (ORC 4549.99)
(b) Accidents. Whoever violates any provision of Section 335.12 to 335.14
is guilty of a misdemeanor of the first degree.
(ORC 4549.99)