eLaws | eCases | Ohio Courts | Counties & Cities of Ohio | Code of Federal Regulations | United States Code |
 Akron
 Code of Ordinances
 Title 13. GENERAL OFFENSES
 Chapter 130. GENERAL PROVISIONS

  § 130.99. Penalty for Title 13.

Latest version.

  • A.

    Except where otherwise specifically classified within the body of the section of a chapter of this title, a violation of such section shall be deemed a misdemeanor punishable upon conviction by a fine of not more than one thousand five hundred dollars, or imprisonment of not more than six months, or both.

    B.

    Except as provided in R.C. § 2929.23, whoever is convicted of or pleads guilty to a misdemeanor other than a minor misdemeanor shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section. Further, whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of § 131.05 which is a misdemeanor, or a violation of § 131.06(A)(2) when the means used are fire or explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with R.C. § 2929.28.

    C.

    Terms of imprisonment for misdemeanors shall be imposed as follows:

    1.

    For a misdemeanor of the first degree, not more than six months;

    2.

    For a misdemeanor of the second degree, not more than ninety days;

    3.

    For a misdemeanor of the third degree, not more than sixty days;

    4.

    For a misdemeanor of the fourth degree, not more than thirty days.

    D.

    Fines for a misdemeanor shall be imposed as follows:

    1.

    For a misdemeanor of the first degree, not more than one thousand five hundred dollars;

    2.

    For a misdemeanor of the second degree, not more than one thousand dollars;

    3.

    For a misdemeanor of the third degree, not more than seven hundred fifty dollars;

    4.

    For a misdemeanor of the fourth degree, not more than three hundred fifty dollars.

    E.

    Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred fifty dollars.

    F.

    The court may require a person who is convicted of or pleads guilty to a misdemeanor to make restitution for all or part of the property damage that is caused by his offense and for all or part of the value of the property that is the subject of any theft offense, as defined in subsection (K) of R.C. § 2913.01, that the person committed. If the court determines that the victim of the offense was sixty-five years of age or older or permanently or totally disabled at the time of the commission of the offense, the court, regardless of whether or not the offender knew the age of victim, shall consider this fact in favor of imposing restitution, but this fact shall not control the decision of the court.

    G.

    If a person is sentenced to a term of imprisonment pursuant to this section and the term of imprisonment is to be served in a county jail in a county that has established a county jail industry program pursuant to R.C. § 5147.30, the court shall specify, as part of the sentence, whether the person may be considered by the county sheriff of that county for participation in the county jail industry program. The court shall retain jurisdiction to modify its specifications pursuant to this subsection during the person's term of imprisonment upon a reassessment of the person's qualifications for participation in the program.

    H.

    1.

    Regardless of the other penalties provided in this section, an organization convicted of an offense pursuant to § 130.09 shall be fined, which fine shall be fixed by the court as follows:

    a.

    For a misdemeanor of the first degree, not more than seven thousand five hundred dollars;

    b.

    For a misdemeanor of the second degree, not more than five thousand dollars;

    c.

    For a misdemeanor of the third degree, not more than four thousand dollars;

    d.

    For a misdemeanor of the fourth degree, not more than three thousand dollars;

    e.

    For a minor misdemeanor, not more than one thousand five hundred dollars;

    f.

    For a misdemeanor not specifically classified, not more than three thousand dollars;

    g.

    For a minor misdemeanor not specifically classified, not more than one thousand five hundred dollars.

    2.

    When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this section.

    3.

    When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this section, then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.

    4.

    This section does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to § 130.09, either in addition to or in lieu of a fine imposed pursuant to this section. (R.C. §§ 2929.21, 2929.31)

(Ord. 668-2003; Ord. 221-1991; Ord. 728-1973)