§ 7.09.99. Penalties.

(A)

Whoever violates Paragraph (B) of Section 7.01.06 is guilty of a misdemeanor of the first degree as defined in Ohio Revised Code Section 2929.21.

(B)

Whoever violates Section 7.01.17 is guilty of a misdemeanor of the first degree as defined in Ohio Revised Code Section 2929.21.

(C)

Whoever violates the weight provisions of Sections 7.02.33, 7.02.34, 7.02.35, and 7.02.36 of the Athens City Code shall be fined:

(1)

Twenty-five dollars for the first 2,000 pounds, or fraction thereof, of overload, for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined $25.00, and in addition thereto, $1.00 per 100 pounds of overload;

(2)

For overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such persons shall be fined $25.00 and in addition thereto, $2.00 per 100 pounds of overload, or imprisoned not more than 30 days, or both.

(3)

For all overloads in excess of 10,000 pounds, such persons shall be fined $25.00, and in addition thereto, $3.00 per 100 pounds of overload, or imprisoned not more than 30 days, or both.

(4)

Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than $100.00, provided that no penalty prescribed in this section for those vehicles weighed by the axle load shall be imposed on any vehicle combination if:

(a)

The overload on any axle does not exceed 1,000 pounds; and if

(b)

The immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this paragraph, two axles on one vehicle less than eight feet a part shall be considered as one axle.

(D)

Whoever violates the provisions of Sections 7.02.30 through 7.02.41, of the Athens City Code for which no other penalty is provided, shall be fined:

(1)

For a first offense not more than $25.00;

(2)

For a second offense within one year thereafter not less than $10.00 nor more than $100.00; imprisoned not more than ten days, or both;

(3)

For a third or subsequent offense within one year after the first offense, such persons shall be fined not less than $25.00 nor more than $200.00, or imprisoned not more than 30 days, or both.

(E)

Whoever violates Section 7.03.07 of the Athens City Code, in addition to the license suspension or revocation provided in Section 4507.16 of the Ohio Revised Code, shall be punished as provided in Paragraph (E)(1), (2), or (3) of this section:

(1)

If, within five years of the offense, the offender has not been convicted of or pleaded guilty to a violation of Section 7.03.07 of the Athens City Code, Section 4511.19 of the Ohio Revised Code, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, or of Section 2903.06 or 2903.07 of the Ohio Revised Code or a municipal ordinance that is substantially similar to Section 2903.07 of the Ohio Revised Code in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the offender is guilty of a misdemeanor of the first degree and the court shall sentence the offender to a term of imprisonment of three consecutive days and may sentence the offender pursuant to Section 2929.21 of the Ohio Revised Code to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than $100.00 nor more than $1,000.00 The court may suspend the execution of the mandatory three consecutive days of imprisonment that is required to impose by this section, if the court, in lieu of the suspended term of imprisonment, places the offender on probation and required the offender to attend, for three consecutive days, a drivers' intervention program that is certified pursuant to Section 3720.06 of the Ohio Revised Code. The court also may suspend the execution of any part of the mandatory three consecutive days of imprisonment that it is required to impose by this section, if the court places the offender on probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers' intervention program that is certified pursuant to Section 3720.06 of the Ohio Revised Code; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 3720 of the Ohio Revised Code by the director of health, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report to the court on his progress in the programs. The court may also impose any other conditions of probation on the offender that it considers necessary. As used in this section, three consecutive days means 72 consecutive hours.

(2)

If, within five years of the offense, the offender has been convicted of or pleaded guilty to a violation of Section 7.03.07 of the Athens City Code, Section 4511.19 of the Ohio Revised Code, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, or of Section 2903.06 or 2903.07 of the Ohio Revised Code or of a municipal ordinance that is substantially similar to Section 2903.07 of the Ohio Revised Code in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the offender is guilty of a misdemeanor of the first degree and the court shall sentence the offender to a term of imprisonment of ten consecutive days and may sentence the offender pursuant to Section 2929.21 of the Ohio Revised Code to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less then $150.00 nor more than $1,000.00. In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3729.06 of the Ohio Revised Code.

(3)

If, within five years of the offense, the offender has been convicted of or pleaded guilty to more than one violation of Section 7.03.07 of the Athens City Code, Section 4511.19 of the Ohio Revised Code, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, or of Section 2903.06 or 2903.07 of the Ohio Revised Code or a municipal ordinance that is substantially similar to Section 2903.07 of the Ohio Revised Code in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of 30 consecutive days and may sentence the offender to a longer definite term of imprisonment if not more than one year. In addition, the court shall impose upon the offender a fine of not less than $150.00 nor more than $1,000.00. In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3720.06 of the Ohio Revised Code.

(4)

Upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to Paragraph (E) (1), (2), or (3) of this section to continue his employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served three, ten, or 30 consecutive days of imprisonment that the court is required by Paragraph (E)(1), (2), or (3) of this section to impose. No court shall authorize work release from imprisonment during the three, ten, or 30 consecutive days of imprisonment that the court is required by Paragraph (E)(1), (2), or (3) of this section to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and that time actually spent under employment.

(5)

Notwithstanding any section of the Ohio Revised Code or the Athens City Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court shall suspend the ten or 30 consecutive days of imprisonment required to be imposed by Paragraph (E)(2) or (3) of this section or place an offender who is sentenced pursuant to Paragraph (E)(2) or (3) of this section in any treatment program in lieu of imprisonment until after the offender has served the ten or 30 consecutive days of imprisonment required to be imposed pursuant to Paragraph (E)(2) or (3) of this section. Notwithstanding any section of the Ohio Revised Code or the Athens City Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court, except as specifically authorized by Paragraph (E)(1) of this section, shall suspend the three consecutive days of imprisonment required to be imposed by Paragraph (E)(1) of this section or place an offender who is sentenced pursuant to Paragraph (E)(1) of this section in any treatment program in lieu of imprisonment until after the offender has served the three consecutive days of imprisonment required to be imposed pursuant to Paragraph (E) (1) of this section.

(6)

No court shall sentence an offender to an alcohol treatment program pursuant to Paragraph (E) (1), (2), or (3) of this section, unless the treatment program complies with the minimum standards adopted pursuant to Chapter 3720 of the Ohio Revised Code by the Director of Health.

(F)

Whoever violates Section 7.03.11 or 7.03.24 of the Athens City Code shall be deemed guilty of misdemeanor of the first degree as defined in Section 2929.21 of the Ohio Revised Code.

(G)

Whoever violates the provisions of Sections 7.03.38, 7.03.39 and 7.03.50 of the Athens City Code shall be fined $20.00 if paid within the first 48 hours following time of citation and $30.00 if paid after the first 48 hours following the time of citation. Any person cited with an offense of these sections who does not pay the required administrative fine within 72 hours may receive a minor misdemeanor citation into court. Any person cited with an offense of these sections who wishes to appeal the violation shall visit the Athens Police Department within 72 hours and receive a minor misdemeanor citation into court, providing notice and an opportunity to be heard, which shall serve as an appeals process.

(H)

Whoever violates Section 7.03.42 of the Athens City Code may be fined an amount not to exceed $500.00.

(I)

Whoever violates Section 7.03.43 or 7.03.44, of the Athens City Code shall be fined not more than $1,000.00 or imprisoned not more than six months, or both.

(J)

When any person is found guilty of a first offense for a violation of Section 7.04.01 of the Athens City Code upon a finding that he operated a motor vehicle faster than 35 miles an hour in a business district of a municipal corporation, or faster than 50 miles an hour in other portions, or faster than 35 miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree.

(K)

Whenever a person is found guilty in a court of record of a violation of Section 7.04.60, 7.04.62, or 7.04.63 of the Athens City Code the trial judge may, in addition to, or independent of, all other penalties provided by law, suspend for any period of time not exceeding three years, or revoke the license of any person, partnership, association, or corporation, issued under Section 4511.763 of the Ohio Revised Code.

(L)

Whoever parks in violation of any regulation in Chapter 7.05, not otherwise covered by another Section of 7.09.99, shall be deemed guilty of a minor misdemeanor. In lieu of a court appearance, an administrative fine of $30.00 may be paid within the first five days following the time of the citation and an administrative fine of $40.00 paid after the first five days following the time of citation. Every consecutive hour of violation shall be deemed a complete and separate offense. (Rev. 0-14-00)

(M)

Whoever violates Section 7.05.03 or 7.05.05 of the Athens City Code shall be guilty of illegal towing and shall pay a fine of not more than $100.00 for the first offense and not more than $300.00 for any subsequent offense.

(N)

Whoever violates any provision of Section 7.05.08 of the Athens City Code shall be deemed guilty of a misdemeanor of the fourth degree as defined in Ohio Revised Code Section 2929.21 and shall be fined not more than $250.00, or imprisoned not more than 30 days, or both.

(O)

Any person, firm or corporation violating any provision Section 7.05.12 shall be deemed guilty of a misdemeanor. In lieu of a court appearance, an administrative fine of $250.00 may be paid within the first 48 hours following the time of the citation and an administrative fine of $350.00 paid after the first 48 hours following the time of citation.

(P)

Whoever violates Section 7.05.21 of the Athens City Code, (overtime parking) shall pay a fine of $10.00 if paid within the first five days and $15.00 if paid after the first five days following the time of the citation. Every consecutive hour of violation of 7.05.21 after the initial expiration of metered time shall be deemed a complete and separate offense.

(Q)

Whoever violates Paragraph (B) or Paragraph (C) of Section 7.05.22 of the Athens City Code, (two-hour and four-hour limits) shall pay a fine of $15.00 if paid within the first five days and $25.00 if paid after the first five days following the time of the citation. Every consecutive hour of violation of Paragraph (B) of Section 7.05.22 after the expiration of the initial two hour limit shall be deemed a complete and separate offense.

(R)

Whoever violates Section 7.05.27 of the Athens City Code shall pay a fine of $10.00 if paid within the first five days, and $15.00 if paid after the first five days following the time of the citation.

(S)

Whoever violates Sections 7.05.30 to 7.05.33 of the Athens City Code shall pay a fine of not more than $100.00 for the first offense and not more than $500.00 for each subsequent offense.

(T)

(1)

Any owner or operator who violates Sections 7.06.01 to 7.06.23 of the Athens City Code other than Section 7.06.03 or 7.06.05 or the provisions of Section 7.05.30 of the Athens City Code, or any towing regulation as promulgated by the service-safety director as provided for in Section 7.06.22, shall be guilty of illegal towing and shall be fined not more than $25.00 for the first offense and not more than $100.00 for any subsequent offense.

(2)

Any owner or operator who is convicted of three violations of Sections 7.06.01 to 7.06.23 other than Section 7.06.03 or 7.06.05 or the provisions of Section 7.05.30 of the Athens City Code, or any towing regulation as promulgated by the service-safety director as provided for in Section 7.06.22 during the one-year licensing period shall have his license to own or operate a tow truck within the corporate limits of Athens suspended by the service-safety director for a period of not less than 30 nor more than 90 days.

(U)

Whoever violates Section 7.07.02 or Section 7.07.04 of the Athens City Code is guilty of a minor misdemeanor as defined in Ohio Revised Code Section 2929.21 for the first offense. Each subsequent offense under Section 7.07.02 may be brought as fourth degree misdemeanor.

(V)

Whoever violates Section 7.03.09, 7.04.55, 7.04.59, 7.04.60, 7.04.61, 7.04.62 or 7.04.63 of the Athens City Code is guilty of a minor misdemeanor on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree.

(W)

Whoever violates any provision of Title VII (7) of the Athens City Code, for which no penalty is otherwise provided, is guilty of a minor misdemeanor as defined in Ohio Revised Code Section 2929.21, punishable by a fine not to exceed $100.00.

(X)

Terms of imprisonment for misdemeanors shall be imposed as follows:

(1)

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

(2)

For a misdemeanor of the second degree not more than 90 days;

(3)

For a misdemeanor of the third degree, not more than 60 days;

(4)

For a misdemeanor of the fourth degree, not more than 30 days;

(Y)

Fines for misdemeanors shall be imposed as follows:

(1)

For a misdemeanor of the first degree, not more than $1,000.00;

(2)

For a misdemeanor of the second degree, not more than $750.00;

(3)

For a misdemeanor of the third degree, not more than $500.00;

(4)

For a misdemeanor of the fourth degree, not more than $250.00.

(Z)

Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than $100.00.

(AA)

Whoever parks in violation of any regulation shall be deemed guilty of a minor misdemeanor. In lieu of a court appearance, an administrative fine of $20.00 may be paid within the first five days following the time of the citation and an administrative fine of $30.00 if paid after five days following the time of the citation. Every consecutive hour of violation shall be deemed a complete and separate offense.

(BB)

Whoever violates the provisions of Section 7.04.44 of the Athens City Code shall be fined $30.00 if paid within the first 120 hours (five days) following the time of citation. Any person cited with an offense of these sections who does not pay the required administrative fine within 30 days may receive a minor misdemeanor citation into court. Any person cited with an offense of these sections who wishes to appeal the violation shall visit the Athens Police Department within 120 hours and receive a minor misdemeanor citation into court, providing notice and an opportunity to be heard, which shall serve as an appeals process.

(Ord. No. 0-24-17, § I, 3-20-2017; Ord. No. 1-100-17, § II, 9-5-2017; Ord. No. 0-123-17, § I, 11-20-2017)