Sec. 1905.01. (A) In Georgetown in Brown county, in Mount | 8 |
Gilead in Morrow county, and in all otherany municipal | 9 |
corporation located on an island in Lake Erie and any municipal | 10 |
corporationscorporation having a population of more than one | 11 |
hundredthousand, other than Batavia in Clermont county, not being | 12 |
the site of a municipal court nor a place where a judge of the | 13 |
Auglaize county, Crawford county, Jackson county, Miami county, | 14 |
Montgomery county, Portage county, or Wayne county municipal court | 15 |
sits as required pursuant to section 1901.021 of the Revised Code | 16 |
or by designation of the judges pursuant to section 1901.021 of | 17 |
the Revised Code, the mayor of the municipal corporation has | 18 |
jurisdiction, except as provided in divisions (B), (C), and (E) of | 19 |
this section and subject to the limitation contained in section | 20 |
1905.03 and the limitation contained in section 1905.031 of the | 21 |
Revised Code, to hear and determine any prosecution for the | 22 |
violation of an ordinance of the municipal corporation, to hear | 23 |
and determine any case involving a violation of a vehicle parking | 24 |
or standing ordinance of the municipal corporation unless the | 25 |
violation is required to be handled by a parking violations bureau | 26 |
or joint parking violations bureau pursuant to Chapter 4521. of | 27 |
the Revised Code, and to hear and determine all criminal causes | 28 |
involving any moving traffic violation occurring on a state | 29 |
highway located within the boundaries of the municipal | 30 |
corporation, subject to the limitations of sections 2937.08 and | 31 |
2938.04 of the Revised Code. | 32 |
(B)(1) In Georgetown in Brown county, in Mount Gilead in | 33 |
Morrow county, and in all otherany municipal corporation located | 34 |
on an island in Lake Erie and any municipal corporations | 35 |
corporation having a population of more than one hundredthousand, | 36 |
other than Batavia in Clermont county, not being the site of a | 37 |
municipal court nor a place where a judge of a court listed in | 38 |
division (A) of this section sits as required pursuant to section | 39 |
1901.021 of the Revised Code or by designation of the judges | 40 |
pursuant to section 1901.021 of the Revised Code, the mayor of the | 41 |
municipal corporation has jurisdiction, subject to the limitation | 42 |
contained in section 1905.03 of the Revised Code, to hear and | 43 |
determine prosecutions involving a violation of an ordinance of | 44 |
the municipal corporation relating to operating a vehicle while | 45 |
under the influence of alcohol, a drug of abuse, or a combination | 46 |
of them or relating to operating a vehicle with a prohibited | 47 |
concentration of alcohol, a controlled substance, or a metabolite | 48 |
of a controlled substance in the whole blood, blood serum or | 49 |
plasma, breath, or urine, and to hear and determine criminal | 50 |
causes involving a violation of section 4511.19 of the Revised | 51 |
Code that occur on a state highway located within the boundaries | 52 |
of the municipal corporation, subject to the limitations of | 53 |
sections 2937.08 and 2938.04 of the Revised Code, only if the | 54 |
person charged with the violation, within six years of the date of | 55 |
the violation charged, has not been convicted of or pleaded guilty | 56 |
to any of the following: | 57 |
(a) A violation of an ordinance of any municipal corporation | 58 |
relating to operating a vehicle while under the influence of | 59 |
alcohol, a drug of abuse, or a combination of them or relating to | 60 |
operating a vehicle with a prohibited concentration of alcohol, a | 61 |
controlled substance, or a metabolite of a controlled substance in | 62 |
the whole blood, blood serum or plasma, breath, or urine; | 63 |
(2) The mayor of a municipal corporation does not have | 84 |
jurisdiction to hear and determine any prosecution or criminal | 85 |
cause involving a violation described in division (B)(1)(a) or (b) | 86 |
of this section, regardless of where the violation occurred, if | 87 |
the person charged with the violation, within six years of the | 88 |
violation charged, has been convicted of or pleaded guilty to any | 89 |
violation listed in division (B)(1)(a), (b), (c), or (d) of this | 90 |
section. | 91 |
If the mayor of a municipal corporation, in hearing a | 92 |
prosecution involving a violation of an ordinance of the municipal | 93 |
corporation the mayor serves relating to operating a vehicle while | 94 |
under the influence of alcohol, a drug of abuse, or a combination | 95 |
of them or relating to operating a vehicle with a prohibited | 96 |
concentration of alcohol, a controlled substance, or a metabolite | 97 |
of a controlled substance in the whole blood, blood serum or | 98 |
plasma, breath, or urine, or in hearing a criminal cause involving | 99 |
a violation of section 4511.19 of the Revised Code, determines | 100 |
that the person charged, within six years of the violation | 101 |
charged, has been convicted of or pleaded guilty to any violation | 102 |
listed in division (B)(1)(a), (b), (c), or (d) of this section, | 103 |
the mayor immediately shall transfer the case to the county court | 104 |
or municipal court with jurisdiction over the violation charged, | 105 |
in accordance with section 1905.032 of the Revised Code. | 106 |
(C)(1) In Georgetown in Brown county, in Mount Gilead in | 107 |
Morrow county, and in all otherany municipal corporation located | 108 |
on an island in Lake Erie and any municipal corporations | 109 |
corporation having a population of more than one hundredthousand, | 110 |
other than Batavia in Clermont county, not being the site of a | 111 |
municipal court and not being a place where a judge of a court | 112 |
listed in division (A) of this section sits as required pursuant | 113 |
to section 1901.021 of the Revised Code or by designation of the | 114 |
judges pursuant to section 1901.021 of the Revised Code, the mayor | 115 |
of the municipal corporation, subject to sections 1901.031, | 116 |
2937.08, and 2938.04 of the Revised Code, has jurisdiction to hear | 117 |
and determine prosecutions involving a violation of a municipal | 118 |
ordinance that is substantially equivalent to division (A) of | 119 |
section 4510.14 or section 4510.16 of the Revised Code and to hear | 120 |
and determine criminal causes that involve a moving traffic | 121 |
violation, that involve a violation of division (A) of section | 122 |
4510.14 or section 4510.16 of the Revised Code, and that occur on | 123 |
a state highway located within the boundaries of the municipal | 124 |
corporation only if all of the following apply regarding the | 125 |
violation and the person charged: | 126 |
(iii) A violation of any municipal ordinance or section of | 136 |
the Revised Code that regulates the operation of vehicles, | 137 |
streetcars, and trackless trolleys upon the highways or streets, | 138 |
in a case in which, after a charge against the person of a | 139 |
violation of a type described in division (C)(1)(a)(i) or (ii) of | 140 |
this section was dismissed or reduced, the person is convicted of | 141 |
or pleads guilty to a violation that arose out of the same facts | 142 |
and circumstances and the same act as did the charge that was | 143 |
dismissed or reduced. | 144 |
(iii) A violation of any municipal ordinance or section of | 156 |
the Revised Code that regulates the operation of vehicles, | 157 |
streetcars, and trackless trolleys upon the highways or streets in | 158 |
a case in which, after a charge against the person of a violation | 159 |
of a type described in division (C)(1)(b)(i) or (ii) of this | 160 |
section was dismissed or reduced, the person is convicted of or | 161 |
pleads guilty to a violation that arose out of the same facts and | 162 |
circumstances and the same act as did the charge that was | 163 |
dismissed or reduced. | 164 |
(2) The mayor of a municipal corporation does not have | 165 |
jurisdiction to hear and determine any prosecution or criminal | 166 |
cause involving a violation described in division (C)(1)(a)(i) or | 167 |
(ii) of this section if the person charged with the violation, | 168 |
within six years of the violation charged, has been convicted of | 169 |
or pleaded guilty to any violation listed in division | 170 |
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 171 |
jurisdiction to hear and determine any prosecution or criminal | 172 |
cause involving a violation described in division (C)(1)(b)(i) or | 173 |
(ii) of this section if the person charged with the violation, | 174 |
within six years of the violation charged, has been convicted of | 175 |
or pleaded guilty to any violation listed in division | 176 |
(C)(1)(b)(i), (ii), or (iii) of this section. | 177 |
(3) If the mayor of a municipal corporation, in hearing a | 178 |
prosecution involving a violation of an ordinance of the municipal | 179 |
corporation the mayor serves that is substantially equivalent to | 180 |
division (A) of section 4510.14 or section 4510.16 of the Revised | 181 |
Code or a violation of division (A) of section 4510.14 or section | 182 |
4510.16 of the Revised Code, determines that, under division | 183 |
(C)(2) of this section, mayors do not have jurisdiction of the | 184 |
prosecution, the mayor immediately shall transfer the case to the | 185 |
county court or municipal court with jurisdiction over the | 186 |
violation in accordance with section 1905.032 of the Revised Code. | 187 |
(D) If the mayor of a municipal corporation has jurisdiction | 188 |
pursuant to division (B)(1) of this section to hear and determine | 189 |
a prosecution or criminal cause involving a violation described in | 190 |
division (B)(1)(a) or (b) of this section, the authority of the | 191 |
mayor to hear or determine the prosecution or cause is subject to | 192 |
the limitation contained in division (C) of section 1905.03 of the | 193 |
Revised Code. If the mayor of a municipal corporation has | 194 |
jurisdiction pursuant to division (A) or (C) of this section to | 195 |
hear and determine a prosecution or criminal cause involving a | 196 |
violation other than a violation described in division (B)(1)(a) | 197 |
or (b) of this section, the authority of the mayor to hear or | 198 |
determine the prosecution or cause is subject to the limitation | 199 |
contained in division (C) of section 1905.031 of the Revised Code. | 200 |
Section 3. (A) Upon the effective date of this act, within | 228 |
each municipal corporation with a population of one thousand or | 229 |
less other than a municipal corporation located on an island in | 230 |
Lake Erie, the jurisdiction of the mayor in all civil and criminal | 231 |
causes that otherwise was granted under section 1905.01 of the | 232 |
Revised Code prior to the effective date of this act terminates. | 233 |
Upon the effective date of this act, all prosecutions, cases, | 234 |
criminal causes, and other proceedings then pending in a mayor's | 235 |
court of a municipal corporation that has a population of one | 236 |
thousand or less shall be transferred to and proceed in the | 237 |
municipal court, county court, or court of common pleas with | 238 |
jurisdiction over the alleged violation that is the basis of the | 239 |
prosecution, case, cause, or proceeding, as if the prosecution, | 240 |
case, cause, or proceeding originally had been instituted in the | 241 |
municipal court, county court, or court of common pleas. | 242 |
(B) Upon the transfer of a prosecution, case, criminal cause, | 243 |
or other proceeding to a municipal court, county court, or court | 244 |
of common pleas under division (A) of this section, the mayor of | 245 |
the municipal corporation before whom the prosecution, case, | 246 |
cause, or proceeding was pending upon the effective date of this | 247 |
act shall transfer to the municipal court, county court, or court | 248 |
of common pleas the pleadings, orders, entries, dockets, bonds, | 249 |
papers, records, books, exhibits, files, moneys, property, and | 250 |
persons that belong to, are in the possession of, or were subject | 251 |
to the jurisdiction of the mayor and that pertain to the | 252 |
transferred prosecution, case, cause, or proceeding. | 253 |