§ 2141.16. Driving under financial responsibility law suspension or cancellation.

(A)

No person, whose driver's or commercial driver's license or temporary instruction permit or nonresident's operating privilege has been suspended or canceled pursuant to Chapter 4509 of the Ohio Revised Code, shall operate any motor vehicle within the city, or knowingly permit any motor vehicle owned by the person to be operated by another person in the city, during the period of the suspension or cancellation, except as specifically authorized by Chapter 4509 of the Ohio Revised Code. No person shall operate a motor vehicle within the city, or knowingly permit any motor vehicle owned by the person to be operated by another person in the city, during the period in which the person is required by Section 4509.45 of the Ohio Revised Code to file and maintain proof of financial responsibility for a violation of Section 4509.101 of the Ohio Revised Code, unless proof of financial responsibility is maintained with respect to that vehicle.

(B)

(1)

Whoever violates this section is guilty of driving under financial responsibility law suspension or cancellation, a misdemeanor of the first degree. The court may impose a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege for the period of time specified in division (A)(7) of Section 4510.02 of the Ohio Revised Code.

(2)

If the vehicle is registered in the offender's name, the court, in addition to or independent of any other sentence that it imposes upon the offender, shall do one (1) of the following:

(a)

Except as otherwise provided in division (B)(2)(b) or (c) of this section, order the immobilization for thirty (30) days of the vehicle involved in the offense and the impoundment for thirty (30) days of the license plates of that vehicle;

(b)

If, within five (5) years of the offense, the offender has been convicted of or pleaded guilty to one (1) violation of this section, Section 4510.16 of the Ohio Revised Code, or a substantially similar municipal ordinance, order the immobilization for sixty (60) days of the vehicle involved in the offense and impoundment for sixty (60) days of the license plates of that vehicle;

(c)

If, within five (5) years of the offense, the offender has been convicted of or pleaded guilty to two (2) or more violations of this section, Section 4510.16 of the Ohio Revised Code, or a substantially similar municipal ordinance, order the criminal forfeiture to the state of the vehicle involved in the offense. If title to a motor vehicle that is subject to an order for criminal forfeiture under this division is assigned or transferred and division (B)(2) or (3) of Section 4503.234 of the Ohio Revised Code applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers association. The proceeds from any fine so imposed shall be distributed in accordance with division (C)(2) of that section.

(C)

Any order for immobilization and impoundment under this section shall be issued and enforced in accordance with Sections 4503.233 and 4507.02 of the Ohio Revised Code, as applicable. Any order of criminal forfeiture shall be issued and enforced in accordance with Section 4503.234 of the Ohio Revised Code. The court shall not release a vehicle from immobilization orders under this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.

(ORC 4510.16; Ord. 2120-03 § 1 (part).)