| Section 1. That sections 705.14, 705.55, 733.40, 733.44, | 28 |
| 733.51, 733.52, 753.02, 753.021, 955.99, 1901.021, 1901.024, | 29 |
| 1901.04, 1901.11, 1901.181, 1901.31, 1905.29, 2335.06, 2903.212, | 30 |
| 2921.25, 2931.01, 2933.02, 2933.03, 2933.04, 2933.05, 2933.06, | 31 |
| 2933.10, 2937.08, 2938.04, 2953.03, 2953.07, 3375.50, 4503.13, | 32 |
| 4503.233, 4507.091, 4507.164, 4509.33, 4509.35, 4510.03, 4510.031, | 33 |
| 4510.036, 4510.13, 4510.14, 4510.53, 4511.193, 4511.197, 4513.263, | 34 |
| 4521.01, 5502.61, and 5503.04 be amended, section 1905.29 (737.34) | 35 |
| be amended for the purpose of adopting a new section number as | 36 |
| indicated in parentheses, and sections 1905.41, 1905.42, 1905.43, | 37 |
| 1905.44, 1905.45, 1905.46, 1905.47, 1905.48, 1905.49, 1905.50, | 38 |
| 1905.51, 1905.52, 1905.53, 1905.54, 1905.55, 1905.56, and 1905.57 | 39 |
| of the Revised Code be enacted to read as follows: | 40 |
| Sec. 705.14. Except as otherwise provided in section
705.53 | 41 |
| of the Revised Code, at the first meeting following each
regular | 42 |
| municipal election, the legislative authority of a
municipal | 43 |
corporation shall elect one of its members as chairmanchairperson | 44 |
and one other member as vice-chairmanvice-chairperson. The | 45 |
chairmanchairperson shall preside
at meetings of the legislative | 46 |
authority and perform suchany duties asthat are
imposed upon him | 47 |
| the chairperson, as presiding officer, by the
legislative | 48 |
authority. In municipal corporations in which a
municipal court is | 49 |
not otherwise provided, the chairman shall perform all of the | 50 |
general duties provided in section
733.30 of the Revised Code, | 51 |
shall have such jurisdiction as is provided by
section 1905.20 of | 52 |
the Revised Code, and shall be styled "police
justice" in the | 53 |
performance of all judicial duties, and in such
style he shall | 54 |
sign all processes and
judicial records during the time he serves. | 55 |
He shall keep a docket in which he
shall enter all cases brought | 56 |
before him. Such docket shall be provided by
and be the property | 57 |
of the municipal corporation. At the end of
each month, such | 58 |
police justice shall make a report to the
legislative authority of | 59 |
all cases brought before him. | 60 |
When the chairmanchairperson of the legislative authority or | 61 |
police
justice is absent from the municipal corporation, or is | 62 |
unable to
perform hisofficial duties, or in case of death, | 63 |
resignation,
or removal, the vice-chairmanvice-chairperson shall | 64 |
act as
chairmanchairperson and perform all of the
duties provided | 65 |
for chairman and police justicethe chairperson,
pending any | 66 |
|
future meeting of the legislative authority at which it may
select | 67 |
| one of its members, who has been elected as provided in
sections | 68 |
705.31 and 705.32 of the Revised Code, to become the chairman and | 69 |
police justicechairperson for the period of time that such | 70 |
chairmanthe chairperson is absent from the municipal corporation, | 71 |
or is
incapacitated for any cause, or in the event of his death, | 72 |
| resignation,
or removal. The member so selected shall become the | 73 |
chairmanchairperson of the legislative authority and police | 74 |
justice for the unexpired term. | 75 |
| Sec. 705.55. The powers conferred upon municipal | 76 |
| corporations by the Ohio
Constitution and any additional powers | 77 |
conferred upon municipal corporations
by the general assembly, | 78 |
shall be exercised by the council, unless the
exercise of such | 79 |
| powers is expressly conferred upon some other authority of
the | 80 |
municipal corporation or reserved to the people thereofof the | 81 |
municipal corporation. In municipal
corporations in which a | 82 |
municipal court is not provided by law, each
councilman may | 83 |
perform all of the general duties
of mayors, as provided in | 84 |
section 733.30
of the Revised Code, and shall have such | 85 |
jurisdiction as is provided by
section 1905.20 of the Revised | 86 |
Code. The member of council elected
chairman shall perform all | 87 |
judicial functions. | 88 |
| Sec. 733.40. Except as otherwise provided in section | 89 |
|
4511.193 of the Revised Code, all fines, forfeitures, and costs
in | 90 |
|
ordinance cases and all fees
that are collected by the mayor or by | 91 |
| the clerk or magistrate of the community court of a municipal | 92 |
| corporation,
that in any manner come into
the mayor's
hands, or
| 93 |
|
that are due
the mayor or
a marshal, chief of police, or
other | 94 |
| officer of the
municipal
corporation, any other fees and
expenses
| 95 |
|
that have been
advanced
out of the treasury of the
municipal | 96 |
| corporation, and all
money
received by
the mayor
for the use of
| 97 |
|
the
municipal
corporation shall be paid by
the mayor or by the | 98 |
| clerk or magistrate of the community court into
the treasury
of | 99 |
| the
municipal corporation
on the first
Monday of each month. At | 100 |
| the
first regular meeting
of the
legislative authority each month, | 101 |
| the
mayor and the clerk or magistrate of the community court shall | 102 |
| submit a
full
statement of all money received, from
whom and for | 103 |
| what
purposes
received, and when paid into the
treasury. Except as | 104 |
|
otherwise
provided by sections 3375.50 to
3375.52 or
4511.19 of | 105 |
| the Revised
Code, all fines, and
forfeitures collected
by the | 106 |
mayorclerk or magistrate of the community court in state
cases, | 107 |
| together with
all fees and expenses
collected
that
have been | 108 |
advanced out of
the county
treasury, shall be paid by
the mayor | 109 |
| clerk or magistrate to
the county
treasury on
the first business | 110 |
| day of each month.
Except as
otherwise
provided by sections | 111 |
3375.50 to 3375.52 or
4511.19 of
the
Revised Code,
the mayorclerk | 112 |
| or magistrate of the community court shall pay all court costs and | 113 |
fees
collected
by the mayorclerk or magistrate in
state cases
| 114 |
| into
the
municipal
treasury
on the first business day of each | 115 |
| month. | 116 |
| Sec. 733.44. The treasurer of a municipal corporation shall | 124 |
demand and
receive, from the county treasurer, taxes levied and | 125 |
| assessments made and
certified to the county auditor by the | 126 |
legislative authority of suchthe municipal
corporation and placed | 127 |
on the tax list by suchthe county auditor for collection, moneys, | 128 |
from persons authorized to collect or required to pay them, | 129 |
| accruing to the
municipal corporation from any judgments, fines, | 130 |
penalties, forfeitures,
licenses, costs taxed in mayor'scommunity | 131 |
| court, and debts due the municipal
corporation. Such funds shall | 132 |
| be disbursed by the treasurer on the order of
any person | 133 |
| authorized by law or ordinance to issue orders therefor. | 134 |
(B) The mayor of a municipal corporation, and, in histhe | 160 |
|
mayor's absence, the
president of the legislative authority of the | 161 |
municipal corporation, may grant
to officials of adjoining or | 162 |
| contiguous townships the temporary use of the
municipal | 163 |
| corporation prison, station house, or watchhouse to confine | 164 |
|
criminals or other persons dangerous to the peace of the | 165 |
community, until
they can be safetysafely removed to the county | 166 |
jail, or other place of
security. | 167 |
| Sec. 753.02. (A) The legislative authority of a municipal | 168 |
|
corporation shall provide by ordinance for sustaining all persons | 169 |
|
sentenced to or confined in a prison or station house at the | 170 |
|
expense of the municipal corporation, and in counties where | 171 |
|
prisons or station houses are in quarters leased from the board
of | 172 |
|
county commissioners, may contract with the board for the care
and | 173 |
|
maintenance of those persons by the sheriff or other
person | 174 |
|
charged with the care and maintenance of county prisoners. On
the | 175 |
|
presentation of bills for food, sustenance, and necessary | 176 |
|
supplies, to the proper officer, certified by the person
whom the | 177 |
|
legislative authority designates, the officer shall
audit the | 178 |
bills under the rules prescribed by the legislative authority,
and | 179 |
|
draw the officer's order on the treasurer of the municipal | 180 |
|
corporation in favor of the person presenting the bill. | 181 |
| (C) Notwithstanding any contrary provision in this
section
or | 191 |
| section
2929.18,
2929.28, or
2929.37 of
the
Revised
Code, the | 192 |
| legislative authority of the
municipal
corporation may
establish a | 193 |
| policy
that complies with
section
2929.38 of the
Revised Code and | 194 |
| that requires any person
who is
not indigent and
who is confined | 195 |
| in a prison or station
house to
pay a
reception
fee, a fee for any | 196 |
|
medical
treatment or service
requested by and
provided to that | 197 |
|
person, or
the fee for a
random
drug test
assessed
under
division | 198 |
| (E)
of section 753.33 of
the
Revised Code. | 199 |
| (D) If a person who has been convicted of or pleaded
guilty | 200 |
|
to an
offense is sentenced to a term of imprisonment in a
prison | 201 |
|
or station house as
described in division (A) of this
section, or | 202 |
|
if a person who has
been arrested for an offense, and
who has been | 203 |
|
denied bail or has had bail set
and has not been
released on bail | 204 |
|
is confined in a prison or station house as
described in division | 205 |
|
(A) of this section pending trial,
at the
time of reception and at | 206 |
|
other times
the
person in charge of the
operation of the prison or | 207 |
|
station house determines to
be
appropriate, the person in charge | 208 |
|
of the operation of the
prison
or station house may cause the | 209 |
|
convicted or accused offender to be
examined and tested for | 210 |
|
tuberculosis, HIV infection, hepatitis,
including, but not
limited | 211 |
|
to, hepatitis A, B, and C, and other
contagious
diseases. The | 212 |
|
person in charge of the operation of the
prison or station house | 213 |
|
may cause a
convicted or accused offender
in the prison or station | 214 |
|
house who refuses to be
tested or treated
for tuberculosis, HIV | 215 |
|
infection, hepatitis, including, but not
limited to, hepatitis A, | 216 |
|
B, and C, or another
contagious disease
to be tested and treated | 217 |
|
involuntarily. | 218 |
| (B) If, pursuant to division
(A) of this section, it is | 227 |
| determined that the
person is covered under a policy, contract, or | 228 |
| plan and, while that coverage
is
in force, the prison, station | 229 |
| house, or county jail renders or arranges for
the rendering
of | 230 |
| health care services to the person, in accordance with the terms | 231 |
| and
conditions of the policy, contract, or plan, then the person, | 232 |
| municipal
corporation,
or
provider of the health care services, as | 233 |
| appropriate under the terms and
conditions
of the policy, | 234 |
| contract, or plan, shall promptly submit a claim for payment
for | 235 |
|
the health care services to the appropriate third-party payer and | 236 |
| shall
designate, or make any other arrangement necessary to | 237 |
| ensure, that payment of
any amount due on the claim be made to the | 238 |
| municipal corporation or the
provider, as the case may be. | 239 |
| (F) If a violation of division (D) of section 955.22 of
the | 276 |
| Revised Code involves a dangerous dog, whoever violates that | 277 |
|
division is guilty of a misdemeanor of the fourth degree on a | 278 |
|
first offense and of a misdemeanor of the third degree on each | 279 |
|
subsequent offense. Additionally, the court may order the
offender | 280 |
| to personally supervise the dangerous dog that the
offender owns, | 281 |
| keeps, or harbors, to cause that dog to complete dog
obedience | 282 |
| training, or to do both, and the court may order the offender to | 283 |
|
obtain liability insurance pursuant to division (E) of section | 284 |
|
955.22 of the Revised Code. The court, in the alternative, may | 285 |
|
order the dangerous dog to be humanely destroyed by a licensed | 286 |
|
veterinarian, the county dog warden, or the county humane
society. | 287 |
| (I) Whoever violates division (C) of section 955.221 of
the | 306 |
| Revised Code is guilty of a minor misdemeanor. Each day of | 307 |
|
continued violation constitutes a separate offense. Fines levied | 308 |
| and
collected for violations of that division shall be distributed | 309 |
by the
mayor or clerk of
the community, municipal, or county court | 310 |
| in accordance with section 733.40,
division (F) of section | 311 |
| 1901.31, or division (C) of section
1907.20 of the Revised Code to | 312 |
| the treasury of the county,
township, or municipal corporation | 313 |
| whose resolution or ordinance
was violated. | 314 |
| Sec. 1901.024. (A) The board of county commissioners of | 369 |
|
Hamilton county shall pay all of the costs of operation of the | 370 |
|
Hamilton county municipal court. Subject to division (F)(2) of | 371 |
| section 1901.31 and to sections 3375.50,
3375.53,
4511.19, | 372 |
| 4511.193,
and 5503.04 of the
Revised
Code and
to any other section | 373 |
| of the Revised Code that requires a
specific
manner of | 374 |
| disbursement of any moneys received by a
municipal
court, the | 375 |
| county shall receive all of the costs, fees,
and other
moneys, | 376 |
| except fines collected for violations of
municipal
ordinances and | 377 |
| for violations of township resolutions
adopted
pursuant to Chapter | 378 |
| 504. of the Revised Code, that are
received
by
the Hamilton county | 379 |
| municipal court and shall receive
fifty
per
cent of all of the | 380 |
| fines for violations of municipal
ordinances
and for violations of | 381 |
| township resolutions adopted
pursuant to
Chapter 504. of the | 382 |
| Revised Code that are received by
the court. | 383 |
| (B) The board of county commissioners of Lawrence county | 384 |
|
shall pay all of the costs of operation of the Lawrence county | 385 |
|
municipal court. Subject to division (F)(2) of section 1901.31 and | 386 |
| to sections 3375.50, 3375.53,
4511.19,
4511.193,
and 5503.04 of | 387 |
| the Revised Code
and to any
other
section
of the Revised Code that | 388 |
| requires a specific manner
of
disbursement of any moneys received | 389 |
| by a municipal court, the
county shall receive all of the costs, | 390 |
| fees, and other moneys,
except fines collected for violations of | 391 |
| municipal ordinances and
for violations of township resolutions | 392 |
| adopted pursuant to
Chapter
504. of the Revised Code, that are | 393 |
| received by the
Lawrence county
municipal court and shall receive | 394 |
| fifty per cent
of all of the
fines for violations of municipal | 395 |
| ordinances and
for violations of
township resolutions adopted | 396 |
| pursuant to
Chapter 504. of the
Revised Code that are received by | 397 |
| the court. | 398 |
| (C) The board of county commissioners of Ottawa county shall | 399 |
|
pay all of the
costs of operation of the Ottawa county municipal | 400 |
|
court. Subject to division (F)(2) of section 1901.31 and to | 401 |
| sections
3375.50, 3375.53,
4511.19, 4511.193,
and 5503.04 of
the | 402 |
| Revised Code and to
any other section
of the
Revised Code that | 403 |
| requires a specific manner of
disbursement of
any moneys received | 404 |
| by a municipal court, the
county shall
receive
all of the costs, | 405 |
| fees, and other moneys,
except fines collected
for
violations of | 406 |
| municipal ordinances and
for violations of
township resolutions | 407 |
|
adopted pursuant to Chapter
504. of the
Revised Code, that are | 408 |
| received by the
Ottawa county
municipal
court and shall receive | 409 |
| fifty per cent of all of the
fines for
violations of municipal | 410 |
| ordinances and for violations of
township
resolutions adopted | 411 |
| pursuant to Chapter 504. of the
Revised Code
that are
received by | 412 |
| the court. | 413 |
| (D) The board of county commissioners of a county in which
a | 414 |
|
county-operated municipal court is located shall pay all of the | 415 |
|
costs of operation of the municipal court. The county in which a | 416 |
|
county-operated municipal court that is not subject to division | 417 |
|
(A), (B), or (C) of this section is located shall receive all of | 418 |
|
the
costs, fees, and other moneys, except fines collected for | 419 |
|
violations of municipal ordinances and for violations of township | 420 |
|
resolutions adopted pursuant to Chapter 504. of the Revised Code | 421 |
|
and except as provided in division (F)(2) of section 1901.31 and | 422 |
| sections 3375.50, 3375.53, and 5503.04
of the Revised Code and in | 423 |
| any other section of the Revised Code
that requires a specific | 424 |
| manner of disbursement of any moneys
received by a municipal | 425 |
| court, that are received by the court. | 426 |
| Sec. 1901.04. Upon the institution of a municipal court | 427 |
other than the Brown county municipal court or the Morrow county | 428 |
municipal court,
the jurisdiction of the mayorcommunity court, if | 429 |
| one exists, in all civil and
criminal causes
terminates within the | 430 |
municipal corporation in
which the
municipal court is located.
The | 431 |
institution of
the Brown county municipal court or the Morrow | 432 |
county municipal
court does not terminate or affect the | 433 |
jurisdiction of the mayor
of Georgetown or the mayor of Mount | 434 |
Gilead, respectively, in any
civil or criminal cause. Upon the | 435 |
institution of either court, the
mayor of Georgetown and the mayor | 436 |
of Mount Gilead retain
jurisdiction in causes as described in | 437 |
section 1905.01 of the
Revised Code. Those mayors shall exercise | 438 |
that jurisdiction
concurrently with the municipal court. Upon the | 439 |
institution of a
municipal court, all mayorscommunity courts of | 440 |
| municipal corporations within the
territory
other than the | 441 |
| municipal corporation in which the court
is located may retain any | 442 |
| jurisdiction that is now provided in all
criminal causes involving | 443 |
| violation of ordinances of their
respective municipal corporations | 444 |
| and in all criminal causes
involving moving traffic violations | 445 |
| occurring on state highways
located within their respective | 446 |
| municipal corporations, to be
exercised concurrently with the | 447 |
| municipal court. | 448 |
| In all cases over which the municipal court is given | 461 |
|
jurisdiction and for which the jurisdiction of county courts and | 462 |
thecommunity courts of mayors is terminated by
this section upon | 463 |
| the
institution of the
municipal court, the pleadings, orders, | 464 |
|
entries, dockets, bonds,
papers, records, books, exhibits, files, | 465 |
|
moneys, property, and
persons that belong to, are in the | 466 |
|
possession of, or are subject
to the jurisdiction of the community | 467 |
courts of
mayors or county courts or
any officer of either court | 468 |
and that
are in any municipal
corporation or township whichthat | 469 |
| is entirely
within the territory of
a municipal court shall be | 470 |
| transferred by
their custodian to the
municipal court. If a part | 471 |
| of any township
that was within the
jurisdiction of a county court | 472 |
| is included
within the territory
of a municipal court, all | 473 |
| pleadings, orders,
entries, dockets,
bonds, papers, records, | 474 |
| books, exhibits, files,
moneys, property,
and persons that belong | 475 |
| to, are in the
possession of, or are
subject to the jurisdiction | 476 |
| of the county
court or any officer of
the county court and that | 477 |
| pertain to
causes, judgments,
executions, and proceedings then | 478 |
| pending in the
county court and
arising from the court's | 479 |
| jurisdiction in that
part of the
township within the territory of | 480 |
| the municipal court
shall be
transferred by their custodian to the | 481 |
| municipal court. | 482 |
| (C) The compensation of municipal judges that is described
in | 512 |
| divisions
(A)(1) and (B)(1)(a) and (2) of
this section
may be paid | 513 |
| in
either biweekly installments or semimonthly
installments,
as | 514 |
| determined by the payroll administrator,
three-fifths of the | 515 |
|
amount being payable from the city treasury
and two-fifths of the | 516 |
|
amount being payable from the treasury of
the county in which the | 517 |
|
municipal corporation is situated, except
that all of the | 518 |
|
compensation of the judges of a county-operated
municipal court | 519 |
| that is
described in divisions (A)(1) and
(B)(1)(a) and
(2) of | 520 |
| this
section shall be payable out of the
treasury of the county
in | 521 |
| which the court is located. If the
territory is located in
two or | 522 |
| more counties, a total of
two-fifths of the amount that is | 523 |
|
described in divisions (A)(1) and
(B)(1)(a) and
(2) of this | 524 |
| section shall be payable by all of the
counties in
proportionate | 525 |
| shares from the treasury of each of the
counties in accordance | 526 |
|
with the respective populations of that
portion of each of the | 527 |
|
several counties within the jurisdiction of
the court. | 528 |
| (E) As used in this section, "compensation" does not
include | 531 |
|
any portion of the cost, premium, or charge for sickness
and | 532 |
|
accident insurance or other coverage of hospitalization,
surgical | 533 |
|
care, major medical care, disability, dental care, eye
care, | 534 |
|
medical care, hearing aids, and prescription drugs, or any | 535 |
|
combination of those benefits or services, covering a judge of a | 536 |
|
municipal court and paid on the judge's behalf by a governmental | 537 |
|
entity. | 538 |
| Sec. 1901.181. (A)(1) Except as otherwise provided in
this | 539 |
| division and division (A)(2) of this section and subject to | 540 |
division (C)(B) of this
section, if a municipal court has a | 541 |
| housing or environmental
division, the division has exclusive | 542 |
| jurisdiction within the
territory of the court in any civil action | 543 |
| to enforce any local
building, housing, air pollution, sanitation, | 544 |
| health, fire,
zoning, or safety code, ordinance, or regulation | 545 |
| applicable to
premises used or intended for use as a place of | 546 |
| human habitation,
buildings, structures, or any other real | 547 |
| property subject to any
such code, ordinance, or regulation, and, | 548 |
| except in the
environmental division of the Franklin county | 549 |
| municipal court, in
any civil action commenced pursuant to Chapter | 550 |
| 1923. or 5321. or
sections 5303.03 to 5303.07 of the Revised Code. | 551 |
| Except as
otherwise provided in division (A)(2) of this section | 552 |
| and subject
to section 1901.20 of the Revised Code and to division | 553 |
(C)(B)
of this section, the housing or environmental division of a | 554 |
|
municipal court has exclusive jurisdiction within the territory
of | 555 |
| the court in any criminal action for a violation of any local | 556 |
|
building, housing, air pollution, sanitation, health, fire, | 557 |
|
zoning, or safety code, ordinance, or regulation applicable to | 558 |
|
premises used or intended for use as a place of human habitation, | 559 |
|
buildings, structures, or any other real property subject to any | 560 |
|
such code, ordinance, or regulation. Except as otherwise
provided | 561 |
in division (A)(2) of this section and subject to
division (C)(B) | 562 |
| of this section, the housing or environmental
division of a | 563 |
| municipal court also has exclusive jurisdiction
within the | 564 |
| territory of the court in any civil action as
described in | 565 |
| division (B)(1) of section 3767.41 of the Revised
Code that | 566 |
| relates to a public nuisance. To the extent any
provision of this | 567 |
| chapter conflicts or is inconsistent with a
provision of section | 568 |
| 3767.41 of the Revised Code, the provision
of that section shall | 569 |
| control in a civil action described in
division (B)(1) of that | 570 |
| section. | 571 |
| (2) If a municipal court has an environmental division, if | 572 |
the mayor of any municipal corporation within the territory of
the | 573 |
municipal court conducts a mayor'scommunity court, and if any | 574 |
| action
described in division (A)(1) of this section as being | 575 |
| within the
jurisdiction of the environmental division otherwise is | 576 |
within
the jurisdiction of the mayor'scommunity court, as set | 577 |
forth in section
1905.011905.43 of the Revised Code, the | 578 |
| jurisdiction of the
environmental division over the action is | 579 |
concurrent with the
jurisdiction of that mayor'scommunity court | 580 |
| over the action. | 581 |
| (B)(1) If the judge of the environmental division of the | 582 |
|
Franklin county municipal court or the judge of the housing | 583 |
| division of a
municipal court is on vacation, sick, absent, or is | 584 |
|
unavailable because of recusal or
another reason, the | 585 |
| administrative judge of the court, in accordance
with the Rules of | 586 |
| Superintendence for Municipal Courts and County Courts,
shall | 587 |
|
assign another judge or judges of the court to handle any action | 588 |
|
or proceeding or, if necessary, all actions and proceedings of
the | 589 |
| division during the time that its judge is unavailable. | 590 |
| (2) The Franklin county municipal court may adopt, by
rule, | 591 |
| procedures for other judges of the court to handle
particular | 592 |
| proceedings arising out of actions within the
jurisdiction of the | 593 |
| environmental division of the court when the
judge of that | 594 |
| division is unable for any reason to handle a
particular | 595 |
| proceeding at the time, or within the time period,
necessary for a | 596 |
| timely or appropriate disposition of the
proceeding. Upon the | 597 |
| adoption of and in accordance with those
rules, any judge of the | 598 |
| court may handle any proceeding that
arises out of an action | 599 |
| within the jurisdiction of the
environmental division of the | 600 |
| court. | 601 |
| (1)(a) Except in the Akron, Barberton,
Toledo,
Hamilton | 607 |
|
county, Portage county,
and Wayne county municipal courts and | 608 |
| through December 31, 2008, the Cuyahoga Falls municipal court, if | 609 |
| the
population of the
territory equals or exceeds one hundred | 610 |
|
thousand at the regular
municipal election immediately preceding | 611 |
| the
expiration of the
term of the present clerk, the clerk shall | 612 |
| be
nominated and
elected by the qualified electors of the | 613 |
| territory
in the manner
that is provided for the nomination and | 614 |
| election of
judges in
section 1901.07 of the Revised Code. | 615 |
| (b) In the Hamilton county municipal court, the clerk of | 620 |
|
courts of Hamilton county shall be the clerk of the municipal | 621 |
|
court and may appoint an assistant clerk who shall receive the | 622 |
|
compensation, payable out of the treasury of Hamilton county in | 623 |
|
semimonthly installments, that the board of county commissioners | 624 |
|
prescribes. The clerk of courts of Hamilton county, acting as
the | 625 |
|
clerk of the Hamilton county municipal court and assuming the | 626 |
|
duties of that office, shall receive compensation at one-fourth | 627 |
|
the rate that is prescribed for the clerks of courts of common | 628 |
|
pleas as determined in accordance with the population of the | 629 |
|
county and the rates set forth in sections 325.08 and 325.18 of | 630 |
|
the Revised Code. This compensation shall be paid from the
county | 631 |
|
treasury in semimonthly installments and is in addition to
the | 632 |
|
annual compensation that is received for the performance of
the | 633 |
|
duties of the clerk of courts of Hamilton county, as provided
in | 634 |
|
sections 325.08 and 325.18 of the Revised Code. | 635 |
| (c) In the Portage county and Wayne county municipal
courts, | 636 |
|
the clerks of courts of Portage county and Wayne county
shall be | 637 |
|
the clerks, respectively, of the Portage county and
Wayne county | 638 |
|
municipal courts and may appoint a chief deputy
clerk for each | 639 |
|
branch that is established pursuant to section
1901.311 of the | 640 |
|
Revised Code and assistant clerks as the judges
of the municipal | 641 |
|
court determine are necessary, all of whom shall
receive the | 642 |
|
compensation that the legislative authority
prescribes. The
clerks | 643 |
| of courts of Portage county and Wayne
county, acting as the
clerks | 644 |
| of the Portage county and Wayne
county municipal courts and | 645 |
|
assuming the duties of these offices,
shall receive compensation | 646 |
|
payable from the county treasury in semimonthly
installments at | 647 |
|
one-fourth the rate that is prescribed for the clerks of
courts of | 648 |
|
common pleas as determined in accordance with the population of | 649 |
|
the
county and the rates set forth in sections 325.08 and 325.18 | 650 |
|
of the Revised
Code. | 651 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 652 |
|
this section, in the Akron municipal court, candidates for | 653 |
|
election to the office of clerk of the court shall be nominated
by | 654 |
|
primary election. The primary election shall be held on the
day | 655 |
|
specified in the charter of the city of Akron for the
nomination | 656 |
|
of municipal officers. Notwithstanding any contrary provision of | 657 |
| section 3513.05 or
3513.257 of the
Revised Code, the declarations | 658 |
| of candidacy and petitions of partisan candidates and the | 659 |
| nominating petitions of
independent candidates for the office of | 660 |
| clerk of the Akron municipal court
shall be signed by at least | 661 |
|
fifty qualified electors
of the territory of the court. | 662 |
| If no valid declaration of candidacy and petition is filed
by | 671 |
|
any person for nomination as a candidate of a particular
political | 672 |
|
party for election to the office of clerk of the Akron
municipal | 673 |
|
court, a primary election shall not be held for the
purpose of | 674 |
|
nominating a candidate of that party for election to
that office. | 675 |
|
If only one person files a valid declaration of
candidacy and | 676 |
|
petition for nomination as a candidate of a
particular political | 677 |
|
party for election to that office, a primary
election shall not be | 678 |
|
held for the purpose of nominating a
candidate of that party for | 679 |
|
election to that office, and the
candidate shall be issued a | 680 |
|
certificate of nomination in the
manner set forth in section | 681 |
|
3513.02 of the Revised Code. | 682 |
| Declarations of candidacy and petitions, nominating | 683 |
|
petitions, and certificates of nomination for the office of clerk | 684 |
|
of the Akron municipal court shall contain a designation of the | 685 |
|
term for which the candidate seeks election. At the following | 686 |
|
regular municipal election, all candidates for the office shall
be | 687 |
|
submitted to the qualified electors of the territory of the
court | 688 |
|
in the manner that is provided in section 1901.07 of the
Revised | 689 |
|
Code for the election of the judges of the court. The
clerk so | 690 |
|
elected shall hold office for a term of six years, which
term | 691 |
|
shall commence on the first day of January following the clerk's | 692 |
|
election and continue until the clerk's successor is elected and | 693 |
|
qualified. | 694 |
| (e) Except as otherwise provided in division
(A)(1)(e) of | 695 |
|
this
section, in the Barberton municipal court, candidates for | 696 |
|
election
to the office of clerk of the court shall be nominated by | 697 |
|
primary
election. The primary election shall be held on the day | 698 |
|
specified
in the charter of the city of Barberton for the | 699 |
|
nomination of
municipal officers. Notwithstanding any contrary | 700 |
| provision of section 3513.05 or
3513.257 of the
Revised Code, the | 701 |
| declarations of candidacy and petitions of partisan candidates and | 702 |
| the nominating petitions of
independent
candidates for the office | 703 |
| of clerk of the Barberton municipal court shall be signed by at | 704 |
| least
fifty qualified
electors of the territory of the court. | 705 |
| If no valid declaration of candidacy and petition is filed by | 714 |
|
any
person for nomination as a candidate of a particular political | 715 |
|
party for election to the office of clerk of the Barberton | 716 |
|
municipal court, a primary election shall not be held for the | 717 |
|
purpose of
nominating a candidate
of that party for election to | 718 |
|
that office. If only one person files a valid
declaration of | 719 |
|
candidacy and petition for nomination as a candidate of a | 720 |
|
particular political party for election to that office, a primary | 721 |
|
election shall not be held for the purpose of nominating a | 722 |
|
candidate of that party for election to that office, and the | 723 |
|
candidate shall be issued a certificate of nomination in the | 724 |
|
manner set forth in section 3513.02 of the Revised Code. | 725 |
| Declarations of candidacy and petitions, nominating | 726 |
|
petitions, and
certificates of nomination for the office of clerk | 727 |
|
of the
Barberton municipal court shall contain a designation of | 728 |
|
the term
for which the candidate seeks election. At the following | 729 |
|
regular municipal
election, all
candidates for the office shall be | 730 |
|
submitted to the qualified electors of the
territory of the
court | 731 |
|
in the manner that is provided in section 1901.07 of the
Revised | 732 |
|
Code for the election of the judges of the court.
The clerk so | 733 |
|
elected shall hold office for a term of six years, which
term | 734 |
|
shall commence on the first day of January following the
clerk's | 735 |
|
election and continue until the clerk's successor is elected and | 736 |
|
qualified. | 737 |
| (f)(i) Through December 31, 2008, except as otherwise | 738 |
| provided in division
(A)(1)(f)(i) of
this
section, in the Cuyahoga | 739 |
| Falls municipal court, candidates
for
election to the office of | 740 |
| clerk of the court shall be
nominated by primary
election. The | 741 |
| primary election shall be held
on the day specified in the
charter | 742 |
| of the city of Cuyahoga Falls
for the nomination of
municipal | 743 |
| officers. Notwithstanding any contrary provision of section | 744 |
| 3513.05 or
3513.257 of the
Revised Code, the declarations of | 745 |
| candidacy and petitions of partisan candidates and the nominating | 746 |
| petitions of
independent
candidates for the office of clerk of the | 747 |
| Cuyahoga Falls municipal court shall be signed by at least
fifty | 748 |
| qualified
electors of the territory of the court. | 749 |
| If no valid declaration of candidacy and petition is filed by | 758 |
|
any
person for nomination as a candidate of a particular political | 759 |
|
party for election to the office of clerk of the Cuyahoga
Falls | 760 |
|
municipal court, a primary election shall not be held for the | 761 |
|
purpose of nominating a candidate of that party for election to | 762 |
|
that office. If only one person files a valid declaration of | 763 |
|
candidacy and petition for nomination as a candidate of a | 764 |
|
particular political party for election to that office, a primary | 765 |
|
election shall not be held for the purpose of nominating a | 766 |
|
candidate of that party for election to that office, and the | 767 |
|
candidate shall be issued a certificate of nomination in the | 768 |
|
manner set forth in section 3513.02 of the Revised Code. | 769 |
| Declarations of candidacy and petitions, nominating | 770 |
|
petitions, and
certificates of nomination for the office of clerk | 771 |
|
of the Cuyahoga
Falls municipal court shall contain a designation | 772 |
|
of the term for
which the candidate seeks election. At the | 773 |
|
following regular municipal
election, all candidates for the | 774 |
|
office shall be submitted to the
qualified electors of the | 775 |
|
territory of the court in the manner
that is provided in section | 776 |
|
1901.07 of the Revised Code for
the
election of the judges of the | 777 |
|
court. The clerk so elected shall hold office
for
a term of six | 778 |
|
years, which term shall commence on the first day of
January | 779 |
|
following the clerk's election and continue until the
clerk's | 780 |
|
successor is elected and qualified. | 781 |
| (g) Except as otherwise provided in division
(A)(1)(g) of | 784 |
|
this
section, in the Toledo municipal court, candidates for | 785 |
|
election
to the office of clerk of the court shall be nominated by | 786 |
|
primary
election. The primary election shall be held on the day | 787 |
|
specified
in the charter of the city of Toledo for the nomination | 788 |
|
of
municipal officers. Notwithstanding any contrary provision of | 789 |
| section 3513.05 or 3513.257 of the
Revised Code, the declarations | 790 |
| of candidacy and petitions of partisan candidates and the | 791 |
| nominating petitions of independent
candidates for the office of | 792 |
| clerk of the Toledo municipal court
shall be signed by at least | 793 |
| fifty qualified
electors
of the territory of the court. | 794 |
| If no valid declaration of candidacy and petition is filed by | 803 |
|
any
person for nomination as a candidate of a particular political | 804 |
|
party for election to the office of clerk of the Toledo municipal | 805 |
|
court, a primary election shall not be held for the purpose of | 806 |
|
nominating a candidate
of that party for election to that office. | 807 |
|
If only one person files a valid
declaration of
candidacy and | 808 |
|
petition for nomination as a candidate of a
particular political | 809 |
|
party for election to that office, a primary
election shall not be | 810 |
|
held for the purpose of nominating a
candidate of that party for | 811 |
|
election to that office, and the
candidate shall be issued a | 812 |
|
certificate of nomination in the
manner set forth in section | 813 |
|
3513.02 of the Revised Code. | 814 |
| Declarations of candidacy and petitions, nominating | 815 |
|
petitions, and
certificates of nomination for the office of clerk | 816 |
|
of the
Toledo municipal court shall contain a designation of the | 817 |
|
term
for which the candidate seeks election. At the following | 818 |
|
regular municipal
election, all
candidates for the office shall be | 819 |
|
submitted to the qualified electors of the
territory of the
court | 820 |
|
in the manner that is provided in section 1901.07 of the
Revised | 821 |
|
Code for the election of the judges of the court.
The clerk so | 822 |
|
elected shall hold office for a term of six years, which
term | 823 |
|
shall commence on the first day of January following the
clerk's | 824 |
|
election and continue until the clerk's successor is elected and | 825 |
|
qualified. | 826 |
| (c) In the Auglaize county, Brown county, and Holmes county | 836 |
|
municipal
courts, the
clerks of
courts of Auglaize
county, Brown | 837 |
|
county, and Holmes county shall be the
clerks,
respectively, of | 838 |
| the
Auglaize
county, Brown county, and Holmes county municipal
| 839 |
|
courts and may appoint a
chief deputy clerk
for each branch office | 840 |
| that
is
established pursuant to
section 1901.311
of the Revised | 841 |
| Code,
and
assistant clerks as the
judge of the
court determines | 842 |
| are
necessary, all of whom shall
receive the
compensation that the | 843 |
|
legislative authority
prescribes. The
clerks of courts of
Auglaize | 844 |
|
county,
Brown county, and Holmes county, acting as the
clerks of | 845 |
| the Auglaize county, Brown
county, and Holmes county
municipal
| 846 |
|
courts
and assuming the
duties of
these offices, shall
receive | 847 |
| compensation
payable from
the county treasury in semimonthly | 848 |
|
installments at
one-fourth the
rate that is prescribed for the | 849 |
| clerks of
courts of
common pleas
as determined in accordance with | 850 |
| the population of
the
county and
the rates set forth in sections | 851 |
| 325.08 and 325.18
of the Revised
Code. | 852 |
| (d) In the Columbiana county municipal court, the clerk of | 853 |
|
courts of
Columbiana county shall be the
clerk of the municipal | 854 |
|
court, may appoint a chief deputy
clerk for each branch office | 855 |
|
that is established pursuant to section
1901.311 of the Revised | 856 |
|
Code, and may appoint any assistant clerks that
the judges of the | 857 |
|
court determine are necessary. All of the chief deputy
clerks and | 858 |
|
assistant clerks shall receive the compensation that the | 859 |
|
legislative authority prescribes. The clerk of courts of | 860 |
|
Columbiana county, acting as
the clerk of the Columbiana
county | 861 |
|
municipal court and assuming the duties of that office,
shall | 862 |
|
receive in either biweekly installments or semimonthly | 863 |
| installments, as determined by the payroll administrator, | 864 |
| compensation payable from the county treasury at one-fourth the | 865 |
| rate that is
prescribed
for the clerks of courts of common pleas | 866 |
| as
determined in
accordance with the population of the county and | 867 |
|
the rates set
forth in sections 325.08 and 325.18 of the
Revised | 868 |
| Code. | 869 |
| (B) Except in the Hamilton county,
Portage county, and Wayne | 874 |
| county municipal courts, if a vacancy
occurs in the office of the | 875 |
| clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal | 876 |
| court or occurs in the office
of the clerk of a municipal court | 877 |
| for which the population of the
territory equals or exceeds one | 878 |
| hundred thousand because the
clerk
ceases to hold the office | 879 |
| before the end of the clerk's term or
because a clerk-elect fails | 880 |
| to take office, the vacancy shall be
filled, until a successor is | 881 |
| elected and qualified, by a person
chosen by the residents of the | 882 |
| territory of the court who are
members of the county central | 883 |
| committee of the political party by
which the last occupant of | 884 |
| that office or the clerk-elect was
nominated. Not less than five | 885 |
| nor more than fifteen days after a
vacancy occurs, those members | 886 |
| of that county central committee
shall meet to make an appointment | 887 |
| to fill the vacancy. At least
four days before the date of the | 888 |
| meeting, the chairperson or a
secretary of the county central | 889 |
| committee shall notify each such
member of that county central | 890 |
| committee by first class
mail of the
date, time, and place
of the | 891 |
| meeting and its purpose. A majority
of all such members of
that | 892 |
| county central committee constitutes a
quorum, and a
majority of | 893 |
| the quorum is
required to make the
appointment. If the office so | 894 |
| vacated was
occupied or was to be
occupied by a person not | 895 |
| nominated at a
primary election, or if
the appointment was not | 896 |
| made by the
committee members in
accordance with this division, | 897 |
| the court
shall make an appointment
to fill the vacancy. A | 898 |
| successor shall
be elected to fill the
office for the unexpired | 899 |
| term at the first
municipal election that
is held more than one | 900 |
| hundred twenty days
after the vacancy
occurred. | 901 |
| (C)(1) In a municipal court, other than the Auglaize county, | 902 |
|
the Brown county,
the Columbiana county, the Holmes county, and | 903 |
|
the Lorain municipal
courts,
for which
the population of the | 904 |
|
territory is
less than one
hundred thousand, the clerk of
the | 905 |
| municipal
court
shall receive
the annual compensation that the | 906 |
|
presiding
judge of the court
prescribes, if the revenue of the | 907 |
|
court for the
preceding calendar
year, as
certified by the auditor | 908 |
|
or chief
fiscal officer of the
municipal corporation
in which the | 909 |
|
court is
located or, in the
case of a county-operated municipal | 910 |
|
court, the
county auditor, is
equal to or greater than the | 911 |
|
expenditures,
including any debt
charges, for the operation of the | 912 |
|
court payable
under this
chapter
from the city treasury or, in the | 913 |
|
case of a
county-operated
municipal
court, the county treasury for | 914 |
|
that
calendar year, as
also certified by the
auditor or chief | 915 |
|
fiscal
officer. If the
revenue of a municipal court, other
than | 916 |
|
the
Auglaize county,
the
Brown county, the Columbiana county, and | 917 |
|
the
Lorain municipal
courts, for which
the population of the | 918 |
|
territory
is less than one
hundred thousand for
the preceding | 919 |
| calendar year
as so
certified is
not equal to or
greater than | 920 |
| those expenditures for
the
operation
of the court for
that | 921 |
| calendar year as so certified,
the clerk of
a
municipal court | 922 |
|
shall receive the annual
compensation that the
legislative | 923 |
|
authority prescribes.
As used
in this division,
"revenue" means | 924 |
|
the total of all costs and fees
that are collected
and paid to the | 925 |
|
city
treasury or, in a
county-operated municipal
court, the county | 926 |
|
treasury by the
clerk
of the municipal court
under division (F) of | 927 |
|
this section and
all
interest received and
paid to the city | 928 |
|
treasury or, in a
county-operated
municipal
court, the county | 929 |
|
treasury in relation
to the costs and fees under
division (G) of | 930 |
|
this section. | 931 |
| (E) The clerk of a municipal court may do all of the | 948 |
|
following: administer oaths, take affidavits, and issue
executions | 949 |
| upon any judgment rendered in the court, including a
judgment for | 950 |
| unpaid costs; issue, sign, and attach the seal of
the
court to all | 951 |
| writs, process, subpoenas, and papers issuing
out of
the court; | 952 |
| and approve all bonds, sureties, recognizances,
and
undertakings | 953 |
| fixed by any judge of the court or by law. The clerk
may
refuse to | 954 |
| accept for filing any pleading or paper submitted
for filing by a | 955 |
|
person who has been found to be a vexatious
litigator under | 956 |
| section 2323.52
of the Revised Code and who has
failed to obtain | 957 |
| leave to proceed under that
section. The clerk
shall do all of the | 958 |
| following: file and safely keep all
journals,
records, books, and | 959 |
| papers belonging or appertaining to
the court;
record the | 960 |
| proceedings of the court; perform all other
duties that
the judges | 961 |
| of the court may prescribe; and keep a
book showing all
receipts | 962 |
| and disbursements, which book shall be
open for public
inspection | 963 |
| at all times. | 964 |
| The clerk shall prepare and maintain a general index, a | 965 |
|
docket, and other records that the court, by rule, requires, all | 966 |
|
of which shall be the public records of the court. In the
docket, | 967 |
|
the clerk shall enter, at the time of the commencement of
an | 968 |
|
action, the names of the parties in full, the names of the | 969 |
|
counsel, and the nature of the proceedings. Under proper dates, | 970 |
|
the clerk shall note the filing of the complaint, issuing of | 971 |
|
summons or
other process, returns, and any subsequent pleadings. | 972 |
|
The clerk
also shall enter all reports, verdicts, orders, | 973 |
|
judgments, and
proceedings of the court, clearly specifying the | 974 |
|
relief granted
or orders made in each action. The court may order | 975 |
|
an extended
record of any of the above to be made and entered, | 976 |
|
under the
proper action heading, upon the docket at the request of | 977 |
|
any
party to the case, the expense of which record may be taxed as | 978 |
|
costs in the case or may be required to be prepaid by the party | 979 |
|
demanding the record, upon order of the court. | 980 |
(F) The(1) Except as provided otherwise in division (F)(2) | 981 |
| of this section, the clerk of a municipal court shall receive, | 982 |
| collect,
and issue receipts for all costs, fees, fines, bail, and | 983 |
| other
moneys payable to the office or to any officer of the court | 984 |
| in accordance with division (F)(1) of this section. The
clerk | 985 |
|
shall each month disburse to the proper persons or officers,
and | 986 |
|
take receipts for, all costs, fees, fines, bail, and other
moneys | 987 |
|
that the clerk collects. Subject to sections 3375.50 and
4511.193 | 988 |
|
of
the Revised Code and to any other section of the
Revised Code | 989 |
|
that requires a specific manner of disbursement of
any moneys | 990 |
|
received by a municipal court and except for the
Hamilton county, | 991 |
|
Lawrence county, and Ottawa county municipal
courts, the clerk | 992 |
| shall pay all
fines received for violation of
municipal ordinances | 993 |
| into the
treasury of the municipal
corporation the ordinance of | 994 |
| which was
violated and shall pay all
fines received for violation | 995 |
| of
township resolutions adopted
pursuant to section 503.52 or | 996 |
| 503.53 or Chapter 504. of the
Revised Code into the treasury of | 997 |
|
the township the resolution of
which was violated. Subject to | 998 |
|
sections 1901.024 and 4511.193 of
the Revised Code, in the | 999 |
|
Hamilton county, Lawrence county, and Ottawa county
municipal | 1000 |
|
courts, the clerk shall pay fifty per cent of the fines
received | 1001 |
|
for violation of municipal ordinances and fifty per cent
of the | 1002 |
|
fines received for violation of township resolutions
adopted | 1003 |
|
pursuant to section 503.52 or 503.53 or Chapter 504. of the | 1004 |
| Revised Code into the
treasury of
the county. Subject to sections | 1005 |
| 3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to | 1006 |
| any other section
of the
Revised Code that requires a specific | 1007 |
| manner of
disbursement of
any moneys received by a municipal | 1008 |
| court, the
clerk shall pay all
fines collected for the violation | 1009 |
| of state
laws into the county
treasury. Except in a | 1010 |
| county-operated
municipal court, the clerk
shall pay all costs and | 1011 |
| fees the
disbursement of which is not
otherwise provided for in | 1012 |
| the
Revised
Code into the city treasury.
The clerk of a | 1013 |
|
county-operated
municipal court shall pay the costs
and fees the | 1014 |
|
disbursement of
which is not otherwise provided for
in the
Revised | 1015 |
| Code into the
county treasury. Moneys deposited as
security for | 1016 |
| costs shall be
retained pending the litigation. The
clerk shall | 1017 |
| keep a separate
account of all receipts and
disbursements in civil | 1018 |
| and criminal
cases, which shall be a
permanent public record of | 1019 |
| the office. On
the expiration of the
term of the clerk, the clerk | 1020 |
| shall deliver
the records to the
clerk's
successor. The clerk | 1021 |
| shall have other
powers and duties
as are prescribed by
rule or | 1022 |
| order of the court. | 1023 |
| On the first Monday in January of each year, the clerk
shall | 1049 |
|
make a list of the titles of all cases in the court that
were | 1050 |
|
finally determined more than one year past in which there
remains | 1051 |
|
unclaimed in the possession of the clerk any funds, or
any part of | 1052 |
|
a deposit for security of costs not consumed by the
costs in the | 1053 |
|
case. The clerk shall give notice of the moneys to
the parties
who | 1054 |
| are entitled to the moneys or to their attorneys
of record.
All | 1055 |
| the moneys remaining unclaimed on the first day
of April of
each | 1056 |
| year shall be paid by the clerk to the city
treasurer, except | 1057 |
|
that, in a county-operated municipal court, the
moneys shall be | 1058 |
|
paid to the treasurer of the county in which the
court is located. | 1059 |
|
The treasurer shall pay any part of the
moneys at any time to the | 1060 |
|
person who has the right to the
moneys upon proper certification | 1061 |
|
of the clerk. | 1062 |
| (H) Deputy clerks of a municipal court other than the Carroll | 1063 |
| county municipal court may be appointed by the clerk and shall | 1064 |
|
receive the compensation, payable in either biweekly installments | 1065 |
| or semimonthly installments, as determined by the payroll | 1066 |
| administrator, out
of the city treasury, that the clerk may | 1067 |
| prescribe, except that
the compensation of any deputy clerk of a | 1068 |
| county-operated
municipal court shall be paid out of the treasury | 1069 |
| of the county
in
which the court is located. The judge of the | 1070 |
| Carroll county municipal court may appoint deputy clerks for the | 1071 |
| court, and the deputy clerks shall receive the compensation, | 1072 |
| payable in biweekly installments out of the county treasury, that | 1073 |
| the judge may prescribe. Each deputy clerk shall take an
oath
of | 1074 |
| office before entering upon the duties of the deputy clerk's | 1075 |
|
office
and, when so qualified, may perform the duties appertaining | 1076 |
|
to the
office of the clerk. The clerk may require any of the | 1077 |
|
deputy
clerks to give bond of not less than three thousand | 1078 |
|
dollars,
conditioned for the faithful performance of the deputy | 1079 |
|
clerk's duties. | 1080 |
| (C) The judge of the municipal court or county court that has | 1104 |
| territorial jurisdiction over the municipal corporation in which a | 1105 |
| community court is located, or the administrative judge of the | 1106 |
| court if the court has more than one judge, shall appoint a | 1107 |
| magistrate to preside over the community court. If the municipal | 1108 |
| corporation lies within the territorial jurisdiction of more than | 1109 |
| one municipal or county court, the judge or administrative judge | 1110 |
| of the court that has within its territory the largest number of | 1111 |
| residents of the municipal corporation shall appoint the | 1112 |
| magistrate. No person shall be appointed as a community court | 1113 |
| magistrate unless the person has been admitted to the practice of | 1114 |
| law in this state and, for a total of at least three years | 1115 |
| preceding the person's appointment or the commencement of the | 1116 |
| person's service as magistrate, has been engaged in the practice | 1117 |
| of law in this state or served as a judge of a court of record in | 1118 |
| any jurisdiction in the United States, or both. The magistrate of | 1119 |
| a community court shall serve at the pleasure of the appointing | 1120 |
| judge or that judge's successor. In the case of a municipal | 1121 |
| corporation that lies within the territorial jurisdiction of more | 1122 |
| than one municipal or county court, if a decennial census shows | 1123 |
| that the largest number of residents of the municipal corporation | 1124 |
| no longer reside in the territory of the appointing judge's court, | 1125 |
| the magistrate shall serve at the pleasure of the judge or | 1126 |
| administrative judge of the court that according to the census has | 1127 |
| within its territory the largest number of residents of the | 1128 |
| municipal corporation or that judge's successor. | 1129 |
| (D) The legislative authority of a municipal corporation that | 1130 |
| has a community court, with the concurrence of the magistrate of | 1131 |
| that court, may appoint a clerk of the community court. The clerk | 1132 |
| shall serve at the pleasure of the legislative authority and shall | 1133 |
| receive compensation as set by the legislative authority. The | 1134 |
| compensation shall be payable in semimonthly installments from the | 1135 |
| treasury of the municipal corporation. Before entering upon the | 1136 |
| duties of the office, an appointed clerk shall give bond of not | 1137 |
| less than five thousand dollars, as determined by the legislative | 1138 |
| authority of the municipal corporation, conditioned upon the | 1139 |
| faithful performance of the clerk's duties. The clerk shall have | 1140 |
| the same powers and duties as a clerk of a county court. | 1141 |
| (2) A legislative authority shall make an election under | 1161 |
| division (C)(1) of this section by resolution adopted and filed | 1162 |
| with the supreme court not later than ninety days after the | 1163 |
| effective date of this section. If a legislative authority of a | 1164 |
| municipal corporation fails to make a timely election under | 1165 |
| division (C) of this section, the municipal corporation shall not | 1166 |
| have a community court, and all proceedings pending on December | 1167 |
| 31, 2007, in the mayor's court of that municipal corporation shall | 1168 |
| be transferred to the municipal court or county court that has | 1169 |
| territorial jurisdiction over the municipal corporation. | 1170 |
| (E)(1) Except as provided in division (E)(2) of this section, | 1181 |
| if the population of a municipal corporation served by a community | 1182 |
| court falls below one thousand six hundred according to the most | 1183 |
| recent federal decennial census, the community court shall cease | 1184 |
| to exist sixty days after the official release of the census, and | 1185 |
| all causes, executions, and other proceedings then pending in the | 1186 |
| community court shall be transferred to the municipal court or | 1187 |
| county court that has territorial jurisdiction over the municipal | 1188 |
| corporation. The causes, executions, and other proceedings shall | 1189 |
| proceed as if originally instituted in the transferee court. | 1190 |
| Parties to those causes, executions, and proceedings may make any | 1191 |
| amendments to their pleadings that are required to conform them to | 1192 |
| the rules of the transferee court. The clerk or other custodian of | 1193 |
| the records of the community court shall transfer to the | 1194 |
| transferee court all pleadings, orders, entries, dockets, bonds, | 1195 |
| papers, records, books, exhibits, files, moneys, property, and | 1196 |
| persons that belong to, are in the possession of, or are subject | 1197 |
| to the jurisdiction of the community court, or any officer of that | 1198 |
| court, at the close of business on the sixtieth day after the | 1199 |
| release of the census and that pertain to those causes, | 1200 |
| executions, and proceedings. | 1201 |
| (2) If the population of a municipal corporation served by a | 1202 |
| community court falls below one thousand six hundred according to | 1203 |
| the most recent federal decennial census, the legislative | 1204 |
| authority of the municipal corporation may by resolution adopted | 1205 |
| and filed with the supreme court not later than thirty days after | 1206 |
| the official release of the census request that the supreme court | 1207 |
| authorize the continued existence of the community court until the | 1208 |
| next federal decennial census. The supreme court, after | 1209 |
| considering the population of the municipal corporation, the | 1210 |
| caseload of the community court, and any other factors that it | 1211 |
| considers relevant, shall determine whether the community court | 1212 |
| should continue to exist and shall serve written notice of its | 1213 |
| determination on the legislative authority of the municipal | 1214 |
| corporation. If the supreme court determines that the community | 1215 |
| court should not continue to exist, the community court shall | 1216 |
| cease to exist sixty days after service of the supreme court's | 1217 |
| determination, and all causes, executions, and other proceedings | 1218 |
| then pending in the community court shall be transferred to the | 1219 |
| appropriate municipal court or county court in the manner provided | 1220 |
| in division (E)(1) of this section. | 1221 |
| Sec. 1905.43. (A) Except as provided in divisions (B), (C), | 1225 |
| and (E) of this section, a community court has jurisdiction to | 1226 |
| hear and determine any prosecution for the violation of an | 1227 |
| ordinance of the municipal corporation, to hear and determine any | 1228 |
| case involving a violation of a vehicle parking or standing | 1229 |
| ordinance of the municipal corporation unless the violation is | 1230 |
| required to be handled by a parking violations bureau or joint | 1231 |
| parking violations bureau pursuant to Chapter 4521. of the Revised | 1232 |
| Code, and to hear and determine all criminal causes involving any | 1233 |
| moving traffic violation occurring on a state highway located | 1234 |
| within the boundaries of the municipal corporation. | 1235 |
| (B)(1) A community court has jurisdiction to hear and | 1236 |
| determine prosecutions involving a violation of an ordinance of | 1237 |
| the municipal corporation relating to operating a vehicle while | 1238 |
| under the influence of alcohol, a drug of abuse, or a combination | 1239 |
| of them or relating to operating a vehicle with a prohibited | 1240 |
| concentration of alcohol, a controlled substance, or a metabolite | 1241 |
| of a controlled substance in the whole blood, blood serum or | 1242 |
| plasma, breath, or urine and to hear and determine criminal causes | 1243 |
| involving a violation of section 4511.19 of the Revised Code that | 1244 |
| occur on a state highway located within the boundaries of the | 1245 |
| municipal corporation only if the person charged with the | 1246 |
| violation, within six years of the date of the violation charged, | 1247 |
| has not been convicted of or pleaded guilty to any of the | 1248 |
| following: | 1249 |
| If the magistrate of a community court determines in hearing | 1284 |
| a prosecution involving a violation of an ordinance of the | 1285 |
| municipal corporation the magistrate serves relating to operating | 1286 |
| a vehicle while under the influence of alcohol, a drug of abuse, | 1287 |
| or a combination of them or relating to operating a vehicle with a | 1288 |
| prohibited concentration of alcohol, a controlled substance, or a | 1289 |
| metabolite of a controlled substance in the whole blood, blood | 1290 |
| serum or plasma, breath, or urine or in hearing a criminal cause | 1291 |
| involving a violation of section 4511.19 of the Revised Code that | 1292 |
| the person charged, within six years of the violation charged, has | 1293 |
| been convicted of or pleaded guilty to any violation listed in | 1294 |
| division (B)(1)(a), (b), (c), or (d) of this section, the | 1295 |
| magistrate immediately shall transfer the case in accordance with | 1296 |
| section 1905.45 of the Revised Code to the county court or | 1297 |
| municipal court with jurisdiction over the violation charged. | 1298 |
| (2) A community court does not have jurisdiction to hear and | 1347 |
| determine any prosecution or criminal cause involving a violation | 1348 |
| described in division (C)(1)(a)(i) or (ii) of this section if the | 1349 |
| person charged with the violation, within six years of the | 1350 |
| violation charged, has been convicted of or pleaded guilty to any | 1351 |
| violation listed in division (C)(1)(a)(i), (ii), or (iii) of this | 1352 |
| section and does not have jurisdiction to hear and determine any | 1353 |
| prosecution or criminal cause involving a violation described in | 1354 |
| division (C)(1)(b)(i) or (ii) of this section if the person | 1355 |
| charged with the violation, within six years of the violation | 1356 |
| charged, has been convicted of or pleaded guilty to any violation | 1357 |
| listed in division (C)(1)(b)(i), (ii), or (iii) of this section. | 1358 |
| (3) If the magistrate of a community court hears a | 1359 |
| prosecution involving a violation of an ordinance of the municipal | 1360 |
| corporation the magistrate serves that is substantially equivalent | 1361 |
| to division (A) of section 4510.14 or section 4510.16 of the | 1362 |
| Revised Code or a violation of division (A) of section 4510.14 or | 1363 |
| section 4510.16 of the Revised Code and determines that under | 1364 |
| division (C)(2) of this section community courts do not have | 1365 |
| jurisdiction of the prosecution, the magistrate immediately shall | 1366 |
| transfer the case in accordance with section 1905.45 of the | 1367 |
| Revised Code to the county court or municipal court with | 1368 |
| jurisdiction over the violation. | 1369 |
| (2) If a person who is charged with a violation of a law or | 1407 |
| an ordinance is brought before a community court and the violation | 1408 |
| charged is within the jurisdiction of the court as set forth in | 1409 |
| section 1905.43 of the Revised Code, the court, at any time prior | 1410 |
| to the final disposition of the case, may transfer it to the | 1411 |
| municipal court, county court, or court of common pleas with | 1412 |
| concurrent jurisdiction over the alleged violation. If a community | 1413 |
| court transfers a case under this division, the court shall | 1414 |
| require the person charged to enter into a recognizance to appear | 1415 |
| before the court to which the case is transferred. | 1416 |
| Sec. 1905.47. The chief of police of the city or village in | 1439 |
| which a community court is located, or a police officer of that | 1440 |
| city or village designated by the chief, or the marshal of the | 1441 |
| village in which a community court is located shall attend the | 1442 |
| sittings of the community court to execute the orders and process | 1443 |
| of the court and to preserve order in it. The chief of police, | 1444 |
| other police officer, or marshal shall execute and return all | 1445 |
| writs and process directed to the chief, officer, or marshal by | 1446 |
| the court. The jurisdiction of the chief of police, other police | 1447 |
| officer, or marshal in the execution of the writs and process of | 1448 |
| the court is coextensive with the county in criminal cases and in | 1449 |
| cases of violations of ordinances of the municipal corporation. In | 1450 |
| serving the writs and process of the court and taxing costs on | 1451 |
| them, the chief of police, other police officer, or marshal shall | 1452 |
| be governed by the laws pertaining to constables. The fees of the | 1453 |
| court are the same as those allowed in the municipal court or | 1454 |
| county court within whose jurisdiction the municipal corporation | 1455 |
| is located. There shall be allowed and taxed for services of the | 1456 |
| chief of police, other police officer, or marshal the same fees | 1457 |
| and expense as those allowed constables. | 1458 |
| Sec. 1905.50. The magistrate of a community court shall | 1477 |
| suspend in accordance with sections 4510.02, 4510.07, and 4511.19 | 1478 |
| of the Revised Code the driver's or commercial driver's license or | 1479 |
| permit or nonresident operating privilege of any person who is | 1480 |
| convicted of or pleads guilty to a violation of division (A) of | 1481 |
| section 4511.19 of the Revised Code, of a municipal ordinance | 1482 |
| relating to operating a vehicle while under the influence of | 1483 |
| alcohol, a drug of abuse, or a combination of them, or of a | 1484 |
| municipal ordinance relating to operating a vehicle with a | 1485 |
| prohibited concentration of alcohol, a controlled substance, or a | 1486 |
| metabolite of a controlled substance in the whole blood, blood | 1487 |
| serum or plasma, breath, or urine that is substantially equivalent | 1488 |
| to division (A) of section 4511.19 of the Revised Code. The | 1489 |
| magistrate of a community court shall suspend in accordance with | 1490 |
| sections 4510.02, 4510.07, and 4511.19 of the Revised Code the | 1491 |
| driver's or commercial driver's license or permit or nonresident | 1492 |
| operating privilege of any person who is convicted of or pleads | 1493 |
| guilty to a violation of division (B) of section 4511.19 of the | 1494 |
| Revised Code or of a municipal ordinance relating to operating a | 1495 |
| vehicle with a prohibited concentration of alcohol in the whole | 1496 |
| blood, blood serum or plasma, breath, or urine that is | 1497 |
| substantially equivalent to division (B) of section 4511.19 of the | 1498 |
| Revised Code. | 1499 |
| Suspension of a commercial driver's license under this | 1500 |
| section shall be concurrent with any period of disqualification or | 1501 |
| suspension under section 3123.58 or 4506.16 of the Revised Code. | 1502 |
| No person who is disqualified for life from holding a commercial | 1503 |
| driver's license under section 4506.16 of the Revised Code shall | 1504 |
| be issued a driver's license under Chapter 4507. of the Revised | 1505 |
| Code during the period for which the commercial driver's license | 1506 |
| was suspended under this section, and no person whose commercial | 1507 |
| driver's license is suspended under this section shall be issued a | 1508 |
| driver's license under Chapter 4507. of the Revised Code during | 1509 |
| the period of the suspension. | 1510 |
| Sec. 1905.55. Fines, penalties, and forfeitures may in all | 1563 |
| cases and in addition to any other mode provided be recovered by | 1564 |
| action before any magistrate of a county court or any other court | 1565 |
| of competent jurisdiction in the name of the proper municipal | 1566 |
| corporation and for its use. In any action in which a pleading is | 1567 |
| necessary, it is sufficient if the petition sets forth generally | 1568 |
| the amount claimed to be due in respect to the violation of the | 1569 |
| ordinance of the municipal corporation. The petition shall refer | 1570 |
| to the title of the ordinance, state the date of its adoption or | 1571 |
| passage, and show as near as is practicable the true time of the | 1572 |
| alleged violation. | 1573 |
| Sec. 1905.56. (A) Imprisonment under the ordinances of a | 1574 |
| municipal corporation shall be in the workhouse or other jail of | 1575 |
| the municipal corporation. Any municipal corporation not provided | 1576 |
| with a workhouse or other jail may for the purpose of imprisonment | 1577 |
| use the county jail at the expense of the municipal corporation | 1578 |
| until the municipal corporation is provided with a prison, house | 1579 |
| of correction, or workhouse. Persons so imprisoned in the county | 1580 |
| jail are under the charge of the sheriff. The sheriff shall | 1581 |
| receive and hold the persons in the manner prescribed by the | 1582 |
| ordinances of the municipal corporation until the persons are | 1583 |
| legally discharged. | 1584 |
| (B) The board of county commissioners, at the board's | 1585 |
| discretion, on giving ninety days' written notice to the | 1586 |
| legislative authority of any municipal corporation may prohibit | 1587 |
| the use of the county jail for the purpose authorized in division | 1588 |
| (A) of this section. If within ninety days after the notice is | 1589 |
| given the legislative authority of the municipal corporation | 1590 |
| provides by ordinance and the necessary contracts for the | 1591 |
| immediate erection of a prison, workhouse, or house of correction, | 1592 |
| the municipal corporation, notwithstanding the notice and | 1593 |
| prohibition, shall continue to have the use of the county jail for | 1594 |
| the purpose of imprisonment until the prison, workhouse, or house | 1595 |
| of correction is erected and ready for use. | 1596 |
| Sec. 2903.212. (A) Except when the complaint involves a | 1628 |
|
person who is a family or household member as defined in section | 1629 |
|
2919.25 of the Revised Code, if a person is charged with a | 1630 |
|
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of | 1631 |
|
the Revised Code, a violation of a municipal ordinance that is | 1632 |
|
substantially similar to one of those sections, or a sexually | 1633 |
| oriented offense and if the person,
at the time of the alleged | 1634 |
| violation, was subject to the terms of
any order issued pursuant | 1635 |
to section 2903.213, 2933.08, or
2945.04 of the Revised Code or | 1636 |
| previously had been convicted of
or pleaded guilty to a violation | 1637 |
| of section 2903.21, 2903.211,
2903.22, or 2911.211 of the Revised | 1638 |
| Code that involves the same
complainant, a violation of a | 1639 |
| municipal ordinance that is
substantially similar to one of those | 1640 |
| sections and that involves
the same complainant, or a sexually | 1641 |
| oriented offense that involves the same complainant, the court | 1642 |
| shall consider all of the
following, in addition to any other | 1643 |
| circumstances considered by
the court and notwithstanding any | 1644 |
| provisions to the contrary
contained in Criminal Rule 46, before | 1645 |
| setting the amount and
conditions of the bail for the person: | 1646 |
| (B) Any court that has jurisdiction over violations of | 1656 |
|
section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised | 1657 |
|
Code, violations of a municipal ordinance that is substantially | 1658 |
|
similar to one of those sections, or sexually oriented offenses | 1659 |
| may set a schedule for bail to
be used in cases involving those | 1660 |
| violations. The schedule shall
require that a judge consider all | 1661 |
| of the factors listed in
division (A) of this section and may | 1662 |
| require judges to set bail
at a certain level or impose other | 1663 |
| reasonable conditions related
to a release on bail or on | 1664 |
| recognizance if the history of the
alleged offender or the | 1665 |
| circumstances of the alleged offense meet
certain criteria in the | 1666 |
| schedule. | 1667 |
Sec. 2921.25. (A) No judge of aor community court of record, | 1670 |
or mayor presiding over a
mayor's court,magistrate shall order a | 1671 |
| peace officer, parole officer, prosecuting attorney, assistant | 1672 |
| prosecuting attorney, correctional employee, or youth services | 1673 |
employee who is a witness in a criminal case, to disclose
the | 1674 |
| peace officer's, parole officer's, prosecuting attorney's, | 1675 |
| assistant prosecuting attorney's, correctional employee's, or | 1676 |
| youth services employee's home
address during the peace officer's, | 1677 |
| parole officer's, prosecuting attorney's, assistant prosecuting | 1678 |
| attorney's, correctional employee's, or youth services employee's | 1679 |
examination in the case,
unless the judge or mayormagistrate | 1680 |
|
determines that the defendant has a right to the disclosure. | 1681 |
| Sec. 2933.02. When a complaint is made in writing and upon | 1696 |
oath, filed with a municipal or, county, or community court or a | 1697 |
mayor sitting
as the judge of a mayor's court, and states that the | 1698 |
| complainant
has just cause to fear and fears that another | 1699 |
| individual will
commit an offense against the person or property | 1700 |
of the
complainant or histhe ward or child of the complainant,
a | 1701 |
municipal or county court
judge or mayorcommunity court | 1702 |
| magistrate shall issue to the sheriff or to any other
appropriate | 1703 |
| peace officer, as defined in section 2935.01 of the
Revised Code, | 1704 |
| within the territorial jurisdiction of the court, a
warrant in the | 1705 |
name of the state that commands himthe sheriff or
peace officer | 1706 |
| forthwith to
arrest and take the individual complained of before | 1707 |
| the court to
answer the complaint. | 1708 |
Sec. 2933.04. When the accused inis brought before the | 1727 |
municipal, county, or mayor'scommunity court pursuant to sections | 1728 |
2933.02 and 2933.03
of the Revised Code, hethe accused shall be | 1729 |
heard in histhe accused's own defense. If it is necessary for | 1730 |
| just cause to
adjourn the hearing, the municipal or county court | 1731 |
judge or mayorcommunity court magistrate involved
may order such | 1732 |
adjournment. The judge or mayormagistrate also may direct
the | 1733 |
| sheriff or other peace officer having custody of the accused
to | 1734 |
detain himthe accused in the county jail or other
appropriate | 1735 |
| detention facility until the cause of delay is removed, unless a | 1736 |
bond in a sum fixed by the judge or mayormagistrate but not to | 1737 |
| exceed five hundred
dollars, with sufficient surety, is given by | 1738 |
| the accused. A
delay shall not exceed two days. | 1739 |
| Sec. 2933.06. The accused under sections 2933.02 to
2933.05 | 1756 |
| of the Revised Code may appeal from the decision of a
municipal or | 1757 |
| county court judge or community court magistrate to the | 1758 |
appropriate court of
appeals or from the decision of a mayor | 1759 |
sitting as the judge of a
mayor's court to the appropriate | 1760 |
municipal or county court. An
appeal from the decision of a | 1761 |
municipal or county court judge to
the appropriate court of | 1762 |
appeals shall be only as to questions of
law and, to the extent | 1763 |
that sections 2933.06 to 2933.09 of the
Revised Code dothis | 1764 |
| section does not contain relevant provisions, shall be made
and | 1765 |
proceed in accordance with the Rules of Appellate Procedure.
An | 1766 |
appeal from the decision of a mayor sitting as the judge of a | 1767 |
mayor's court to the appropriate municipal or county court shall | 1768 |
be as to questions of law and fact, and shall be made and proceed | 1769 |
in accordance with sections 2933.06 to 2933.09 of the Revised | 1770 |
Code. | 1771 |
In connection with either type ofan appeal, the accused | 1772 |
shall
file with the clerk of the municipal, county, or mayor's | 1773 |
| community court,
within ten days after the decision is rendered, | 1774 |
an appeal bond in
a sum to be fixed by the judge or mayor | 1775 |
| magistrate at not less than fifty or
more than five hundred | 1776 |
dollars, with surety to be approved by the
judge or mayor | 1777 |
| magistrate, conditioned that, pending the determination of
the | 1778 |
| appeal, the accused will keep the peace and will be of good | 1779 |
|
behavior generally and especially towards the person named in the | 1780 |
|
complaint. Upon the filing of the appeal bond, the clerk of the | 1781 |
municipal, county, or mayor'scommunity court forthwith shall make | 1782 |
| a
certified transcript of the proceedings in the action, the | 1783 |
| appeal
bond to be included. Upon the payment by the appellant of | 1784 |
| the
fee for the transcript, the clerk immediately shall file the | 1785 |
|
transcript and all the original papers in the action in the
office | 1786 |
| of the clerk of the appellate court. | 1787 |
| Sec. 2933.10. Whoever, in the presence of a municipal or | 1788 |
county court judge,
or a mayor sitting as the judge of a mayor's | 1789 |
courtcommunity court magistrate, makes an affray, threatens
to | 1790 |
| beat or kill another or to commit an offense against the person or | 1791 |
| property
of another, or contends with angry words to the | 1792 |
| disturbance of the peace, may
be ordered without process or other | 1793 |
| proof to enter into a bond under section
2933.05 of the Revised | 1794 |
| Code. In default of such a bond, the person may be
committed under | 1795 |
| that section. | 1796 |
| Upon the entry of such pleas to a charge of misdemeanor in a | 1804 |
community court not of
record, the magistrate shall forthwith set | 1805 |
| the matter for future trial or,
with the consent of both state and | 1806 |
| defendant may set trial forthwith, both
pursuant to Chapter 2938. | 1807 |
| of the Revised Code, provided that if the nature of
the offense is | 1808 |
| such that right to jury trial exists, such matter shall not be | 1809 |
tried before himthe magistrate unless the accused, by writing | 1810 |
subscribed by himthe accused, waives a
jury and consents to be | 1811 |
| tried by the magistrate. | 1812 |
| If the defendant in such event does not waive right to jury | 1813 |
| trial, then the
magistrate shall require the accused to enter into | 1814 |
recognizance to appear
before athe municipal court of record in | 1815 |
theor county, set by such magistratecourt that has territorial | 1816 |
| jurisdiction over the municipal corporation in which the community | 1817 |
| court is located, and the
magistrate shall thereupon certify all | 1818 |
| papers filed, together with transcript
of proceedings and accrued | 1819 |
costs to date, and such recognizance if given, to
such designated | 1820 |
court of record. Such transfer shall not require the filing
of | 1821 |
| indictment or information and trial shall proceed in the | 1822 |
| transferee court
pursuant to Chapter 2938. of the Revised Code. | 1823 |
Sec. 2938.04. In courts of recordother than community | 1824 |
| courts, the right to trial by jury as defined in
section 2945.17 | 1825 |
| of the Revised Code shall be claimed by making demand in
writing | 1826 |
| therefor and filing the same with the clerk of the court not less | 1827 |
| than
three days prior to the date set for trial or on the day | 1828 |
| following receipt of
notice whichever is the later. Failure to | 1829 |
| claim jury trial as provided in
this section is a complete waiver | 1830 |
of right thereto. In community courts not of record
jury trial may | 1831 |
| not be had, but failure to waive jury in writing where right to | 1832 |
|
jury trial may be asserted shall require the magistrate to certify | 1833 |
such case
to
aanother court of record as provided in section | 1834 |
| 2937.08 of the Revised Code. | 1835 |
| (B) If a notice of appeal is filed pursuant to the Rules
of | 1845 |
| Appellate Procedure or Chapter 1905. of the Revised Code by a | 1846 |
defendant who is convicted in a municipal, county, or mayor's | 1847 |
| community
court or a court of common pleas of a misdemeanor under | 1848 |
| the
Revised Code or an ordinance of a municipal corporation, if | 1849 |
| that
defendant was on bail at the time of the conviction of that | 1850 |
|
offense, and if execution of the sentence or judgment imposed is | 1851 |
|
suspended, the trial court or magistrate or the court in which
the | 1852 |
| appeal is being prosecuted shall determine the amount and
nature | 1853 |
of any bail that is required of the defendant as follows: | 1854 |
Sec. 2953.07. (A) Upon the hearing of an appeal other than | 1862 |
an appeal
from a mayor's court, the appellate court may affirm the | 1863 |
|
judgment or reverse it, in whole or in part, or modify it, and | 1864 |
|
order the accused to be discharged or grant a new trial. The | 1865 |
|
appellate court may remand the accused for the sole purpose of | 1866 |
|
correcting a sentence imposed contrary to law, provided that, on | 1867 |
| an appeal of
a sentence imposed upon a person who is convicted of | 1868 |
| or pleads guilty to a
felony that is brought under section 2953.08 | 1869 |
| of the Revised Code, division (G)
of that section applies to the | 1870 |
| court. If the judgment
is reversed, the appellant shall recover | 1871 |
| from the appellee all
court costs incurred to secure the reversal, | 1872 |
| including the cost
of transcripts. In capital cases, when the | 1873 |
| judgment is affirmed
and the day fixed for the execution is | 1874 |
| passed, the appellate
court shall appoint a day for it, and the | 1875 |
| clerk of the appellate
court shall issue a warrant under the seal | 1876 |
| of the appellate
court, to the sheriff of the proper county, or | 1877 |
| the warden of the
appropriate state correctional institution, | 1878 |
| commanding
the sheriff or warden to carry the sentence into | 1879 |
| execution on
the day so appointed. The sheriff or warden shall | 1880 |
| execute and return the
warrant as in other cases, and the clerk | 1881 |
| shall record the warrant and return. | 1882 |
Sec. 3375.50. AllSubject to division (F)(2) of section | 1889 |
| 1901.31 of the Revised Code, all fines and penalties collected by, | 1890 |
| and
moneys arising from forfeited bail in, a municipal court for | 1891 |
|
offenses and misdemeanors brought for prosecution in the name of
a | 1892 |
| municipal corporation under one of its penal ordinances, where | 1893 |
|
there is in force a state statute under which the offense might
be | 1894 |
| prosecuted, or brought for prosecution in the name of the
state, | 1895 |
| except a portion of such fines, penalties, and moneys
which, plus | 1896 |
| all costs collected monthly in such state cases,
equal the | 1897 |
| compensation allowed by the board of county
commissioners to the | 1898 |
| judges of the municipal court, its clerk,
and the prosecuting | 1899 |
| attorney of such court in state cases, shall
be retained by the | 1900 |
clerk of such municipal court, and be paid by
himthe clerk | 1901 |
| forthwith, each month, to the board of trustees of
the law
library | 1902 |
| association in the county in which such municipal
corporation is | 1903 |
| located. The sum so retained and paid by the
clerk of the | 1904 |
| municipal court to the board of trustees of such law
library | 1905 |
| association shall, in no month, be less than twenty-five
per cent | 1906 |
| of the amount of such fines, penalties, and moneys
received in | 1907 |
| that month, without deducting the amount of the
allowance of the | 1908 |
| board of county commissioners to the judges,
clerk, and | 1909 |
| prosecuting attorney. | 1910 |
| (D) In counties having a population of in excess of one | 1928 |
|
hundred fifty thousand, fifteen thousand dollars in any calendar | 1929 |
|
year. The maximum amount to be paid by each such clerk shall be | 1930 |
|
determined by the county auditor in December of each year for the | 1931 |
|
next succeeding calendar year, and shall bear the same ratio to | 1932 |
|
the total amount payable under this section from the clerks of
all | 1933 |
| municipal courts in such county as the total fines, costs,
and | 1934 |
| forfeitures received by the corresponding municipal court,
bear to | 1935 |
| the total fines, costs, and forfeitures received by all
the | 1936 |
| municipal courts in the county, as shown for the last
complete | 1937 |
| year of actual receipts, on the latest available budgets
of such | 1938 |
| municipal courts. Payments in the full amounts provided
in this | 1939 |
| section shall be made monthly by each clerk in each
calendar year | 1940 |
| until the maximum amount for such year has been
paid. When such | 1941 |
| amount, so determined by the auditor, has been
paid to the board | 1942 |
| of trustees of such law library association,
then no further | 1943 |
| payments shall be required in that calendar year
from the clerk of | 1944 |
| such court. | 1945 |
| Upon receipt of such a report, the registrar shall enter the | 1958 |
| information
contained in the report into the records of the bureau | 1959 |
| of motor vehicles.
Neither the registrar nor any deputy registrar | 1960 |
| shall issue a certificate of
registration for a motor vehicle | 1961 |
| owner or lessee, when a lessee is
determinable under procedures | 1962 |
|
established by the registrar under division (E) of this section, | 1963 |
|
who is named in the
report until the registrar receives | 1964 |
notification from the municipal court,
county court, or mayor's | 1965 |
| community court that there are no
outstanding arrest warrants in | 1966 |
| the name of the person. The registrar also
shall send a notice to | 1967 |
| the person who is named in the report, via regular
first class | 1968 |
| mail sent to the person's last known address as shown in the | 1969 |
|
records of the bureau, informing the person that neither the | 1970 |
| registrar nor any
deputy registrar is permitted to issue a | 1971 |
| certificate of registration for a
motor vehicle in the name of the | 1972 |
| person until the registrar receives
notification that there are no | 1973 |
| outstanding arrest warrants in the name of the
person. | 1974 |
| Upon payment of the processing fee, the registrar
shall cause | 1986 |
| the report of that outstanding arrest warrant to be removed from | 1987 |
|
the records of the bureau and, if there are no other outstanding | 1988 |
| arrest
warrants issued by a municipal court, county court, or | 1989 |
mayor'scommunity court in the name of the person
and the person | 1990 |
| otherwise is eligible to be
issued a certificate of registration | 1991 |
| for a motor vehicle, the registrar or a
deputy registrar may issue | 1992 |
| a certificate of registration for a motor vehicle
in
the name of | 1993 |
| the person named in the executed or canceled arrest warrant. | 1994 |
| Sec. 4503.233. (A)(1)
If a court orders the
immobilization | 2008 |
| of
a
vehicle for a specified period of time
pursuant to
section | 2009 |
|
4510.11,
4510.14,
4510.16, 4510.161,
4510.41,
4511.19,
4511.193, | 2010 |
|
or
4511.203
of the Revised Code, the court
shall issue
the | 2011 |
| immobilization
order
in
accordance with this division and for
the | 2012 |
|
period of time
specified
in the particular
section, and
the | 2013 |
|
immobilization
under
the order shall be in accordance with this | 2014 |
|
section. The court, at
the time of sentencing the offender for
the | 2015 |
| offense relative to
which the immobilization order is issued
or as | 2016 |
| soon thereafter as
is practicable, shall give a copy of the
order | 2017 |
| to the offender or
the offender's counsel. The court
promptly | 2018 |
| shall send a copy of
the
order
to the registrar on a form | 2019 |
|
prescribed
by the registrar
and
to the
person or agency it | 2020 |
|
designates to execute the
order. | 2021 |
| (5) The registrar shall deposit the immobilization fee
into | 2071 |
|
the law
enforcement reimbursement fund created by section
4501.19 | 2072 |
|
of the Revised
Code. Money in the fund shall be expended
only as | 2073 |
|
provided in division
(A)(5) of this section. If the
court | 2074 |
|
designated in the
order a court bailiff or another
appropriate | 2075 |
|
person other than a
law enforcement officer to
immobilize the | 2076 |
|
vehicle, the amount of the
fee deposited into the
law enforcement | 2077 |
|
reimbursement fund shall
be paid out to the county
treasury if the | 2078 |
|
court that issued the order
is a county court, to
the treasury of | 2079 |
|
the municipal corporation
served by the court if
the court that | 2080 |
issued the order is a
mayor'scommunity court, or to the city | 2081 |
|
treasury of
the legislative
authority of the court, both as | 2082 |
|
defined in section
1901.03 of the
Revised Code, if the court that | 2083 |
|
issued the order is
a municipal
court. If the court designated a | 2084 |
|
law enforcement
agency to
immobilize the vehicle and if the law | 2085 |
|
enforcement agency
immobilizes the
vehicle, the amount of the fee | 2086 |
|
deposited into the
law enforcement
reimbursement fund shall be | 2087 |
|
paid out to the law
enforcement agency
to reimburse the agency for | 2088 |
|
the costs it incurs
in
obtaining immobilization equipment and, if | 2089 |
|
required, in sending
an officer or other person to search for and | 2090 |
|
locate the vehicle
specified in the immobilization order and to | 2091 |
|
immobilize the
vehicle. | 2092 |
| (C) Upon receipt of the license plates for a vehicle under | 2106 |
|
this section, the
registrar shall destroy the license plates. At | 2107 |
|
the end
of the immobilization period and upon the payment of the | 2108 |
|
immobilization fee
that must be paid under this section, the | 2109 |
|
registrar shall authorize the
release of the vehicle
and authorize | 2110 |
|
the issuance, upon the payment of the same fee as
is required for | 2111 |
|
the replacement of lost, mutilated, or destroyed
license plates | 2112 |
|
and certificates of registration,
of new license plates and, if | 2113 |
|
necessary, a new
certificate of registration to the
offender for | 2114 |
|
the vehicle
in question. | 2115 |
| (D)(1) If a court issues an immobilization order under | 2116 |
|
division (A) of this
section, the immobilization period
commences | 2117 |
|
on the day on which the vehicle in question is
immobilized. If
the | 2118 |
|
vehicle in question had been seized under section
4510.41
or | 2119 |
|
4511.195 of the Revised Code, the time between the
seizure and the | 2120 |
|
beginning of the immobilization period shall be
credited
against | 2121 |
|
the immobilization period
specified in the
immobilization order | 2122 |
|
issued under
division (A) of this section.
No
vehicle that is
| 2123 |
|
immobilized
under this section is
eligible to have
restricted | 2124 |
|
license plates
under section 4503.231 of the Revised Code issued | 2125 |
|
for
that vehicle. | 2126 |
| (2) If a court issues an immobilization order under division | 2127 |
|
(A) of this
section, if the vehicle
subject to the order is | 2128 |
|
immobilized under the order, and if the
vehicle is found being | 2129 |
|
operated upon any street or highway of
this state during the | 2130 |
|
immobilization period, it
shall be seized, removed from the street | 2131 |
|
or highway, and criminally
forfeited, and disposed of pursuant to | 2132 |
|
section
4503.234 of the Revised Code. No vehicle that is
forfeited | 2133 |
| under
this provision shall be considered contraband for
purposes | 2134 |
| of
Chapter 2981. of the Revised
Code, but
shall be held by the law | 2135 |
| enforcement agency that employs
the
officer who seized it for | 2136 |
| disposal in accordance with section
4503.234 of the Revised Code. | 2137 |
| (3) If a court issues an immobilization order under division | 2138 |
|
(A) of this
section, and if the vehicle is not
claimed within | 2139 |
|
seven days after the end of the period of
immobilization or if the
| 2140 |
|
offender has not paid the
immobilization fee, the
person or agency | 2141 |
|
that immobilized
the vehicle shall send a written
notice to the
| 2142 |
|
offender at the
offender's last
known address informing
the
| 2143 |
|
offender
of the date on which the period of
immobilization
ended, | 2144 |
|
that the
offender has twenty days
after the date of the
notice
to | 2145 |
|
pay the immobilization fee and
obtain the release of the
vehicle, | 2146 |
|
and that if
the
offender does not pay the
fee and obtain the | 2147 |
|
release of the vehicle within that twenty-day
period, the vehicle | 2148 |
|
will be forfeited under section 4503.234 of
the Revised
Code to | 2149 |
|
the entity that is entitled to the
immobilization fee. | 2150 |
| (4) An
offender whose motor vehicle
is
subject to an | 2151 |
|
immobilization order issued under division (A)
of
this section | 2152 |
|
shall not sell the motor vehicle without approval
of
the court | 2153 |
|
that issued the order. If such an
offender wishes
to sell the | 2154 |
|
motor vehicle during the
immobilization
period, the
offender
shall | 2155 |
| apply to the court that
issued the
immobilization order for | 2156 |
|
permission to assign the title to the
vehicle. If the court
is | 2157 |
|
satisfied that the sale will be in good
faith and not for the | 2158 |
|
purpose of
circumventing the provisions of
division (A)(1) of this | 2159 |
|
section, it may certify its consent to
the
offender and to
the | 2160 |
|
registrar. Upon
receipt of the
court's consent, the registrar | 2161 |
|
shall enter the court's notice
in
the
offender's vehicle license | 2162 |
|
plate registration
record. | 2163 |
| If, during a period of immobilization under an immobilization | 2164 |
|
order issued
under division (A) of this section, the title to the | 2165 |
|
immobilized motor
vehicle is transferred by the foreclosure of a | 2166 |
|
chattel mortgage, a sale upon execution, the cancellation of a | 2167 |
|
conditional sales contract, or an order of a court, the involved | 2168 |
|
court shall notify the registrar of the
action, and the registrar | 2169 |
|
shall enter the court's notice in the
offender's
vehicle
license | 2170 |
|
plate registration record. | 2171 |
| (5) If the title to a motor vehicle that is subject to an | 2176 |
|
immobilization order under division (A) of this
section is | 2177 |
|
assigned or transferred without court approval between
the time of | 2178 |
|
arrest of the
offender who committed the offense for which such
an | 2179 |
|
order is to
be issued
and the time of the actual immobilization
of | 2180 |
| the
vehicle, the court
shall order that, for a period of two
years | 2181 |
|
from the date of the
order, neither the registrar nor any
deputy | 2182 |
|
registrar shall
accept an application for the registration
of any | 2183 |
|
motor vehicle
in the name of the
offender whose
vehicle
was | 2184 |
| assigned or
transferred without court approval.
The court
shall | 2185 |
| notify the
registrar of the order on a form
prescribed by
the | 2186 |
| registrar for
that purpose. | 2187 |
| (6) If the title to a motor vehicle that is subject to an | 2188 |
| immobilization order under division (A) of this section is | 2189 |
| assigned or transferred without court approval in violation of | 2190 |
| division (D)(4) of this section, then, in addition to or | 2191 |
| independent of any other penalty established by law, the court may | 2192 |
| fine the offender the value of the vehicle as determined by | 2193 |
| publications of the national auto dealers association. The | 2194 |
| proceeds from any fine so imposed shall be distributed in the same | 2195 |
| manner as the proceeds of the sale of a forfeited vehicle are | 2196 |
| distributed pursuant to division (C)(2) of section 4503.234 of the | 2197 |
| Revised Code. | 2198 |
| (E)(1) The court with jurisdiction over the case, after | 2199 |
|
notice to all interested parties including lienholders, and after | 2200 |
|
an opportunity for them to be heard, if the
offender
fails
to | 2201 |
|
appear in person, without good cause, or if the court
finds
that | 2202 |
|
the
offender does not intend to seek
release
of the
vehicle at
the | 2203 |
| end of the period of immobilization
or that the
offender is
not or | 2204 |
| will not be able to
pay the
expenses and
charges incurred
in its | 2205 |
| removal and storage,
may order that title
to the vehicle be | 2206 |
|
transferred, in order of
priority, first into
the name of the | 2207 |
|
entity entitled to the
immobilization fee under
division (A)(5) of | 2208 |
|
this section, next
into the name of a
lienholder, or lastly, into | 2209 |
|
the name of the
owner of the place of
storage. | 2210 |
| A lienholder that receives title under a
court order shall do | 2211 |
|
so on the condition that it pay any expenses or
charges incurred | 2212 |
|
in the vehicle's removal and storage. If the entity that
receives | 2213 |
|
title to the vehicle is the entity that is entitled to the | 2214 |
|
immobilization fee under division (A)(5) of this section,
it
shall | 2215 |
|
receive title on the condition that it pay any lien on the | 2216 |
|
vehicle.
The court shall not order that title be transferred to | 2217 |
|
any person or entity
other than the owner of the place of storage | 2218 |
|
if the person or
entity refuses to receive the title. Any person | 2219 |
|
or entity that
receives title may either keep title to the vehicle | 2220 |
|
or may
dispose of the vehicle in any legal manner that it | 2221 |
|
considers
appropriate, including assignment of the certificate of | 2222 |
|
title to
the motor vehicle to a salvage dealer or a scrap metal | 2223 |
|
processing
facility. The person or entity shall not transfer
the | 2224 |
|
vehicle to the person who is the vehicle's
immediate previous | 2225 |
|
owner. | 2226 |
| (3) Prior to initiating a proceeding under division (E)(1)
of | 2244 |
| this section, and upon payment of the fee under division (B) of | 2245 |
|
section
4505.14 of the Revised Code, any interested party may | 2246 |
|
cause
a search to be made of the public records of the bureau of | 2247 |
|
motor vehicles or the clerk of the court of common pleas, to | 2248 |
|
ascertain the identity of any lienholder of the vehicle. The | 2249 |
|
initiating party shall furnish this information to the clerk of | 2250 |
|
the court with jurisdiction over the case,
and the clerk shall | 2251 |
|
provide notice
to the vehicle owner, the defendant, any | 2252 |
|
lienholder, and any
other interested parties listed by the | 2253 |
|
initiating party, at the
last known address supplied by the | 2254 |
|
initiating party, by certified
mail or, at the option of the | 2255 |
|
initiating party, by personal
service or ordinary mail. | 2256 |
| Upon receipt of such a report, the registrar shall enter the | 2268 |
|
information
contained in the report into the records of the bureau | 2269 |
|
of motor vehicles. Neither the registrar nor any
deputy registrar | 2270 |
|
shall issue a
temporary
instruction permit or
driver's or | 2271 |
| commercial driver's license to the person
named in the
report, or | 2272 |
| renew the driver's or commercial driver's license of
such person, | 2273 |
| until the registrar receives notification from the
municipal | 2274 |
|
court, county court, or mayor's court that
there are
no | 2275 |
| outstanding arrest warrants in the name of the person. The | 2276 |
|
registrar also
shall send a notice to the person who is named in | 2277 |
|
the report, via regular
first class mail sent to the person's last | 2278 |
|
known address as shown in the
records of the bureau, informing the | 2279 |
|
person that neither the registrar nor
any deputy registrar is | 2280 |
|
permitted to issue a temporary instruction permit or
driver's or | 2281 |
|
commercial driver's license to the person, or renew the driver's | 2282 |
|
or commercial driver's license of the person, until the registrar | 2283 |
|
receives
notification that there are no outstanding arrest | 2284 |
|
warrants in the name of the
person. | 2285 |
| Upon receipt of such notification, the registrar
shall cause | 2296 |
|
the report of that outstanding arrest warrant to be removed from | 2297 |
|
the records of the bureau and, if there are no other outstanding | 2298 |
|
arrest
warrants issued by a municipal court, county court,
or | 2299 |
mayor'scommunity court in the name of the person
and the person | 2300 |
| otherwise
is eligible to be
issued a driver's or commercial | 2301 |
| driver's license
or to have such a license
renewed, the registrar | 2302 |
| or a deputy
registrar may issue a driver's license or
commercial | 2303 |
| driver's
license to the person named in the executed or canceled | 2304 |
|
arrest
warrant, or renew the driver's or commercial driver's | 2305 |
| license of
such
person. | 2306 |
| (2) When the license of any person is suspended
pursuant to | 2332 |
|
division
(G)(1)(b) of section
4511.19 of
the
Revised Code,
or | 2333 |
|
pursuant to section 4510.07 of the Revised
Code for a municipal | 2334 |
|
OVI offense when the suspension is equivalent
in length to the | 2335 |
|
suspension under division (G) of section 4511.19
of the Revised | 2336 |
|
Code that is
specified in this division,
the trial
judge of the | 2337 |
|
court of record that
suspended
the license
shall order the | 2338 |
|
impoundment of
the identification license plates
of the motor | 2339 |
|
vehicle the
offender was operating at the time of the
offense and | 2340 |
|
the
immobilization of that vehicle in accordance with
section | 2341 |
|
4503.233 and division
(G)(1)(b) of
section
4511.19 or
division | 2342 |
|
(B)(2)(a) of
section 4511.193 of the Revised Code
and may impound | 2343 |
|
the
identification license plates of any other
motor vehicle | 2344 |
|
registered in the name of the person whose license
is suspended. | 2345 |
| (3) When the license of any person is suspended
pursuant to | 2346 |
|
division
(G)(1)(c), (d), or
(e) of section
4511.19 of the
Revised | 2347 |
|
Code,
or pursuant to section
4510.07
of the Revised Code for a | 2348 |
|
municipal
OVI offense when the
suspension is equivalent in length | 2349 |
|
to the
suspension under
division (G) of section 4511.19 of the | 2350 |
|
Revised Code that is
specified in this division,
the trial judge | 2351 |
|
of the court of record
that suspended
the license shall order the | 2352 |
|
criminal
forfeiture to the
state of the motor vehicle the offender | 2353 |
|
was
operating at the time
of the offense in accordance with | 2354 |
|
section
4503.234 and division
(G)(1)(c), (d), or
(e) of
section
| 2355 |
|
4511.19 or division
(B)(2)(b)
of section
4511.193 of the Revised | 2356 |
|
Code and
may impound the identification
license plates of any | 2357 |
|
other motor vehicle registered in the name
of the person whose | 2358 |
|
license is suspended. | 2359 |
| (C)(1) When a person is convicted of or pleads guilty to a | 2360 |
|
violation of
section
4510.14
of the
Revised
Code or a | 2361 |
|
substantially equivalent municipal ordinance and
division (B)(1) | 2362 |
|
or (2) of section
4510.14 or division
(C)(1) or
(2) of section
| 2363 |
|
4510.161 of the Revised Code
applies,
the trial
judge of the court | 2364 |
of record or the mayormagistrate of
the mayor'scommunity court | 2365 |
|
that imposes sentence
shall order the
immobilization of the | 2366 |
|
vehicle the person was
operating at the time
of the offense and | 2367 |
|
the impoundment of its
identification license
plates in
accordance | 2368 |
| with section 4503.233
and division (B)(1) or
(2) of
section
| 2369 |
|
4510.14 or division (C)(1)
or (2) of
section
4510.161 of
the | 2370 |
| Revised Code and may impound
the
identification license
plates of | 2371 |
| any other vehicle registered
in
the name of that
person. | 2372 |
| (2) When a person is convicted of or pleads guilty to a | 2373 |
|
violation of
section
4510.14
of the
Revised
Code or a | 2374 |
|
substantially equivalent municipal ordinance and
division (B)(3) | 2375 |
|
of section
4510.14 or division (C)(3)
of
section
4510.161 of the | 2376 |
|
Revised Code applies, the trial
judge
of the
court of record that | 2377 |
|
imposes sentence shall order the
criminal
forfeiture to the state | 2378 |
|
of the vehicle the person was
operating
at the time of the offense | 2379 |
|
in accordance with section
4503.234
and division (B)(3) of section
| 2380 |
|
4510.14 or
division
(C)(3) of
section
4510.161 of the Revised
Code | 2381 |
|
and may impound
the
identification license plates of any
other | 2382 |
|
vehicle registered in
the name of that person. | 2383 |
(D)(1) When a person is convicted of or pleads guilty to a | 2384 |
|
violation of division
(A) of section
4510.16 of the
Revised
Code | 2385 |
|
or a substantially equivalent municipal ordinance,
division
(B) of | 2386 |
| section
4510.16 or
division (B) of
section
4510.161 of the Revised | 2387 |
|
Code applies in determining whether the
immobilization of the | 2388 |
|
vehicle the person
was operating at the time
of the offense and | 2389 |
|
the impoundment of
its identification license
plates or the | 2390 |
| criminal
forfeiture
to the state of the vehicle the
person was | 2391 |
| operating
at the time
of the offense is authorized or required. | 2392 |
The trial judge of the court of record or the mayormagistrate of | 2393 |
the mayor'scommunity court that imposes sentence may impound
the | 2394 |
|
identification license
plates of
any other vehicle registered in | 2395 |
|
the name of that person. | 2396 |
| (E)(1) When a person is convicted of or pleads guilty to a | 2397 |
|
violation of section
4511.203 of the Revised Code and
the
person | 2398 |
|
is sentenced pursuant to division
(C)(1)
or
(2) of
section
| 2399 |
4511.203 of
the Revised Code, the trial judge of
the court of | 2400 |
record or the
mayormagistrate of the mayor'scommunity court that | 2401 |
| imposes
sentence
shall order the
immobilization of the vehicle | 2402 |
| that was
involved in
the commission
of the offense and the | 2403 |
| impoundment of
its
identification license
plates in accordance | 2404 |
| with division
(C)(1)
or
(2) of section
4511.203 and
section | 2405 |
| 4503.233
of the Revised
Code and may impound the
identification | 2406 |
| license
plates of any
other vehicle registered in
the name of that | 2407 |
| person. | 2408 |
| Sec. 4509.33. If a nonresident by final order or judgment
of | 2426 |
a court of record or mayor's court is convicted of, or
forfeits | 2427 |
|
bail or collateral deposited to secure an appearance for
trial | 2428 |
|
for, any offense
for which the suspension of a license is | 2429 |
|
provided, the
registrar
of motor vehicles shall
impose a | 2430 |
|
suspension of
the privilege of the nonresident to
operate a motor | 2431 |
|
vehicle for
the same period for which suspension
of
a license by
a | 2432 |
| court of record is authorized by
the applicable
section
of
the | 2433 |
|
Revised Code. The suspension
shall remain in
effect until the | 2434 |
|
expiration of the period so ordered and
thereafter until the | 2435 |
|
nonresident gives and thereafter maintains
proof of financial | 2436 |
|
responsibility in accordance with section
4509.45 of the Revised | 2437 |
|
Code. | 2438 |
| Whenever any nonresident has been convicted of
an offense
for | 2456 |
| which the court is
required to impose a
license
suspension
under | 2457 |
| any provision of the
Revised Code or has
forfeited bail
given
to | 2458 |
| secure
the
nonresident's
appearance for trial upon a
charge of any | 2459 |
| offense
for which the court is required to
impose a
license | 2460 |
| suspension
under any provision of the Revised
Code,
the
clerk of | 2461 |
everythe court of record and the mayor of every
mayor's, or the | 2462 |
| judge or community court magistrate if the court has no clerk, | 2463 |
|
immediately shall forward to the registrar a
certified copy
or | 2464 |
| transcript of
the conviction or order forfeiture
of bail. | 2465 |
| (B) If a person is convicted of
or forfeits bail in relation | 2474 |
|
to a
violation of any section listed in division (A) of this | 2475 |
|
section or
a violation of any other law or ordinance regulating | 2476 |
|
the operation of
vehicles, streetcars, and
trackless trolleys on | 2477 |
highways or streets, the county court judge,
mayor of a mayor's | 2478 |
courtcommunity court magistrate, or clerk, within ten days after | 2479 |
| the
conviction or bail
forfeiture, shall prepare and immediately | 2480 |
|
forward to the bureau of
motor vehicles an abstract, certified by | 2481 |
|
the preparer to be true
and correct, of the court record covering | 2482 |
|
the case in which the
person was convicted or forfeited bail. | 2483 |
Every court of record
also shall forward to the bureau of motor | 2484 |
|
vehicles an abstract of
the court record as described in division | 2485 |
|
(C) of this section upon
the conviction of any person
of | 2486 |
|
aggravated vehicular homicide or
vehicular homicide or of a felony | 2487 |
| in the
commission of which a
vehicle was used. | 2488 |
| (C) Each abstract required by this section shall be made
upon | 2489 |
| a
form approved and furnished by the bureau and shall include
the | 2490 |
| name and
address of the person charged, the number of the
person's | 2491 |
| driver's or commercial driver's license, probationary
driver's | 2492 |
|
license, or temporary instruction permit, the
registration
number | 2493 |
| of the vehicle involved, the nature of the
offense, the
date of | 2494 |
| the offense, the date of hearing, the plea,
the judgment,
or | 2495 |
| whether bail was forfeited, and the amount of the
fine or | 2496 |
|
forfeiture. | 2497 |
| Sec. 4510.031. (A) A United States district
court that
has | 2498 |
|
jurisdiction within this state may utilize the provisions of | 2499 |
|
section
4510.03 of the Revised Code in regard to any case in which | 2500 |
|
a person is charged with any violation of any provision of | 2501 |
|
sections 4511.01 to
4511.771 or 4513.01 to 4513.36 of the
Revised | 2502 |
|
Code or of
any other law or ordinance regulating the
operation of | 2503 |
|
vehicles, streetcars,
and trackless trolleys on
highways or | 2504 |
|
streets
located on federal property within this state.
The court | 2505 |
|
also may
forward to the bureau an abstract upon the
conviction of | 2506 |
|
any
person of aggravated vehicular homicide or
vehicular homicide | 2507 |
|
or
of a felony in the commission of which a
vehicle was used. | 2508 |
| Sec. 4510.036. (A) The bureau of motor vehicles shall
record | 2517 |
|
within ten days, after receipt, and shall keep at its main
office, | 2518 |
| all
abstracts received under this section
or section
4510.03, | 2519 |
| 4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall | 2520 |
| maintain records of convictions and bond
forfeitures for any | 2521 |
|
violation of a state law or a municipal
ordinance regulating the | 2522 |
|
operation of vehicles, streetcars, and trackless
trolleys on | 2523 |
|
highways and
streets, except a violation related to parking a | 2524 |
|
motor vehicle. | 2525 |
(B) Every court of record or mayor's court before which a | 2526 |
|
person
is charged with a violation for which points are chargeable | 2527 |
|
by this section
shall assess and transcribe to the abstract of | 2528 |
|
conviction that is furnished by the bureau
to the court
the number | 2529 |
|
of points
chargeable by this section in
the correct space assigned | 2530 |
|
on the
reporting form. A United States
district court that has | 2531 |
|
jurisdiction
within this state and
before
which a person is | 2532 |
|
charged with a violation
for which points
are
chargeable by this | 2533 |
|
section may
assess and transcribe to the
abstract of conviction | 2534 |
|
report that is
furnished by the bureau the
number of points | 2535 |
|
chargeable by this
section in the correct space
assigned on the | 2536 |
|
reporting form. If
the federal court so assesses
and transcribes | 2537 |
|
the points
chargeable for the offense and
furnishes the report to | 2538 |
|
the bureau, the bureau
shall record the
points in the same manner | 2539 |
as those assessed and transcribed by a
court of record or
mayor's | 2540 |
court. | 2541 |
| (6) A violation of division (A) of section 4511.19 of the | 2562 |
|
Revised
Code, any ordinance prohibiting the operation of a vehicle | 2563 |
|
while
under the influence of alcohol, a drug of abuse, or a | 2564 |
|
combination of them, or
any ordinance
substantially equivalent to | 2565 |
|
division (A) of section 4511.19 of the
Revised Code prohibiting | 2566 |
|
the operation of a vehicle with a
prohibited concentration of | 2567 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 2568 |
| substance in the whole blood, blood serum or plasma,
breath, or | 2569 |
|
urine .......... 6 points | 2570 |
| Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section | 2616 |
apply to a judge or mayora community court magistrate
regarding | 2617 |
| the suspension of, or
the grant of limited driving privileges | 2618 |
|
during a suspension of, an
offender's driver's or
commercial | 2619 |
| driver's license or permit or
nonresident operating
privilege | 2620 |
| imposed under division (G) or (H)
of section
4511.19 of the | 2621 |
| Revised Code, under division (B)
or (C)
of section 4511.191 of the | 2622 |
| Revised Code, or under section
4510.07
of the Revised Code for a | 2623 |
| conviction of a violation of a
municipal
OVI ordinance. | 2624 |
(2) No judge or mayorand no community court magistrate shall | 2625 |
| suspend the following portions
of the
suspension of an offender's | 2626 |
| driver's or commercial driver's
license or
permit or nonresident | 2627 |
| operating privilege imposed under
division
(G) or (H) of section | 2628 |
|
4511.19 of the Revised Code or
under section 4510.07 of the | 2629 |
| Revised Code for a conviction of
a
violation of a municipal OVI | 2630 |
| ordinance, provided that division
(A)(2) of this section does not | 2631 |
limit a court or
mayor in
crediting any period of suspension | 2632 |
| imposed pursuant to division
(B) or (C) of section 4511.191 of the | 2633 |
| Revised Code against
any
time of judicial suspension imposed | 2634 |
| pursuant to section 4511.19 or
4510.07 of the Revised Code, as | 2635 |
| described in divisions
(B)(2) and
(C)(2) of section
4511.191 of | 2636 |
| the Revised Code: | 2637 |