§ 70.99. Penalty.

A.

Whoever violates any provision of this traffic code, for which no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree. When any person is found guilty of a first offense for violation of § 73.20(B) upon a finding that he operated a motor vehicle faster than thirty-five miles per hour in a business district or faster than fifty miles per hour in other portions of the municipality, or faster than 35 miles per hour while passing through a school zone during recess or while children are going to or leaving from school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree.

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.

1.

Terms of imprisonment for misdemeanors shall be imposed as follows:

a.

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

b.

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

c.

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

d.

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

2.

Fines for a misdemeanor shall be imposed as follows:

a.

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

b.

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

c.

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

d.

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

3.

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

C.

Except as otherwise provided in this subsection, whoever violates § 70.26(A)(1) or (3) is guilty of a misdemeanor of the third degree. If a violation of § 70.26(A)(1) or (3) creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. A violation of subsections (A)(1) or (3) of this section that causes serious physical harm to property that is owned, leased, or controlled by a state or local authority is a felony of the fourth degree and shall be prosecuted under appropriate state law. (R.C. §§ 2929.21, 4511.99(D), 4511.99(M))

(Ord. 668-2003; Ord. 693-1990; Ord. 729-1973)