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(125th General Assembly)
(Substitute House Bill Number 24)
AN ACT
To amend sections 703.21 and 1905.01 and to enact section 703.201
of the
Revised Code to permit the dissolution of a village under certain
conditions, to limit mayors courts to municipal corporations with a population of over 100 persons, and to amend the version of section 1905.01 of the Revised Code that is scheduled to take effect January 1, 2004, to continue the provisions of this act on and after that effective date.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 703.21 and 1905.01 be amended and section
703.201
of the Revised Code be enacted to read as follows:
Sec. 703.201. (A) As used in this section, "condition for
surrendering corporate powers" means any of the following:
(1) The village has been declared to be in a fiscal
emergency under Chapter 118. of the Revised Code and has been in
fiscal emergency for at least
three consecutive years with little
or no improvement on the conditions that caused the fiscal
emergency declaration.
(2) The village has failed to properly follow applicable
election laws for at least two consecutive election cycles for any
one elected office in the village.
(3) The village has been declared during an audit conducted
under section 117.11 of the Revised Code to be unauditable under
section 117.41 of the Revised Code in at least two consecutive
audits.
(4) The village does not provide at least two services
typically provided by municipal government, such as police or fire
protection, garbage collection, water or sewer service, emergency
medical services, road maintenance, or similar services.
"Services" does not include any administrative service or
legislative action.
(5) The village has failed for any fiscal year to adopt the
tax budget required by section 5705.28 of the Revised Code.
(6) A village elected official has been convicted of theft
in office, either under section 2921.41 of the Revised Code or an
equivalent criminal statute at the federal level, at least two
times in a period of ten years. The convicted official with
respect to those convictions may be the same person or different
persons.
(B) If the auditor of state finds, in an audit report issued
under
division (A) or (B) of section 117.11 of the
Revised Code of
a
village that has a population of one
hundred
fifty persons or less
and consists of less than two
square
miles, that
the village meets at least two conditions for
surrendering
corporate powers, the auditor of
state shall send a certified
copy
of the
report together with a letter to the attorney general requesting the attorney general to institute legal action to dissolve the village
in accordance with
division (C) of this
section. The report and
letter shall be sent
to the attorney general within
ten business days after
the auditor of state's
transmittal of the
report to the village. The audit report transmitted to the village shall be accompanied by a notice to the village of the auditor's intent to refer the report to the attorney general for legal action in accordance with this section. (C) Within twenty days of receipt of the auditor of state's report and
letter, the attorney general may file a legal action in the court of common pleas on behalf of the state to request the dissolution of the village that is the subject of the audit report. If a legal action is filed, the court shall hold a hearing within ninety days after the date the attorney general files the legal action with the court. Notice of the hearing shall be filed with the attorney general, the clerk of the village that is the subject of the action, and each clerk of a township located wholly or partly within the village. At the hearing on dissolution, the court shall determine if the village has a population of one hundred fifty persons or less, consists of less than two square miles, and meets at least two conditions for surrendering corporate powers. If the court so finds, it shall order the dissolution of the village and provide for the surrender of corporate powers in accordance with section 703.21 of the Revised Code. The attorney general shall file a certified copy of the court's order of dissolution with the secretary of state
and the county recorder of the county in which the village is situated,
who shall record it in their respective
offices. Upon the
recording in the county recorder's office, the corporate powers of
the village
shall cease. (D) For purposes of this section, the population of a village shall be the population determined either at the last preceding federal decennial census or according to population estimates certified by the department of development between decennial censuses. (E) The procedure in this section is in addition to the
procedure
of section 703.20 of the Revised Code for the surrender
of the
corporate powers of a village.
Sec. 703.21. The surrender of corporate powers by a village
under section
703.20
or 703.201 of the Revised Code does
not
affect vested rights or accrued
liabilities of the village, or
the
power to settle claims,
dispose of
property, or levy and
collect
taxes to pay existing obligations, but. But, after
the
presentation of the petition mentioned in
that section
703.20 of
the Revised Code or receipt of the audit report and notice mentioned in
section 703.201 of the Revised Code,
the legislative
authority of
the village shall not create any new liability until the result
of
the election
under section 703.20 of the Revised Code is declared
or the decision of the court of common pleas under division (C) of section
703.201
of the Revised Code is declared, or thereafter, if the
result, in
either case, is
in favor of
for the
surrender of
the
village's
corporate powers. Due If the auditor of state notifies the village that the attorney general may file a legal action under section 703.201 of the Revised Code, but the attorney general does not file such an action, the village shall not create any new liability for thirty days after receipt of the auditor of state's notice. Due and unpaid taxes may be collected
after
the
surrender of corporate powers, and all moneys or property remaining after
the
surrender
belongs to the township or townships
located wholly
or
partly within the village. If more than one township
is to
receive the remaining money or property, the money and property
shall be
divided among the townships in proportion to the amount
of territory that each
township has within the village boundaries
as compared to the total township
territory within the village.
Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount
Gilead in Morrow county, and in all
other municipal corporations having a population of more than one hundred,
other than
Batavia in Clermont
county, not being
the site of a
municipal court nor a place where
a judge of the
Auglaize county,
Crawford county, Jackson county,
Miami county,
Portage county, or
Wayne county municipal court sits
as required
pursuant to section
1901.021 of the Revised Code or by
designation of the judges
pursuant to section 1901.021 of the
Revised Code, the mayor of the
municipal corporation has
jurisdiction, except as provided in
divisions (B),
(C), and (E) of
this
section and subject to the
limitation contained in section
1905.03 and the limitation
contained in section 1905.031 of the
Revised Code, to hear and
determine any prosecution for the
violation of an ordinance of the
municipal corporation, to hear
and determine any case involving a
violation of a vehicle parking
or standing ordinance of the
municipal corporation unless the
violation is required to be
handled by a parking violations
bureau
or joint parking violations
bureau pursuant to Chapter
4521. of
the Revised Code, and to hear
and determine all criminal
causes
involving any moving traffic
violation occurring on a
state
highway located within the
boundaries of the municipal
corporation, subject to the
limitations of sections 2937.08 and
2938.04 of the Revised Code. (B)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other
municipal corporations having a population of more than one hundred, other than
Batavia
in Clermont county, not
being the site of
a municipal
court nor a place where a judge of a
court listed in
division (A)
of this section sits as required
pursuant to section
1901.021 of
the Revised Code or by designation
of the judges
pursuant to
section 1901.021 of the Revised Code,
the mayor of
the municipal
corporation has jurisdiction, subject
to the
limitation contained
in section 1905.03 of the Revised
Code, to
hear and determine
prosecutions involving a violation of
an
ordinance of the
municipal corporation relating to operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
alcohol and a drug
of abuse or relating to operating a vehicle
with a prohibited
concentration of alcohol in the blood, breath,
or urine, and to
hear and determine criminal causes involving a
violation of
section 4511.19 of the Revised Code that occur on a
state highway
located within the boundaries of the municipal
corporation,
subject to the limitations of sections 2937.08 and
2938.04 of the
Revised Code, only if the person charged with the
violation,
within six years of the date of the violation
charged,
has not
been convicted of or pleaded guilty to any of
the
following: (a) A violation of an ordinance of any municipal
corporation
relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse or
relating to operating a vehicle with a prohibited
concentration of
alcohol in the blood, breath, or urine; (b) A violation of section 4511.19 of the Revised Code; (c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys
upon
the highways or streets, in relation to which all of the
following
apply: (i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of any municipal corporation relating
to operating a vehicle while under the influence of alcohol, a
drug of abuse, or alcohol and a drug of abuse or relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, or with a violation of section
4511.19 of the Revised Code; (ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced; (iii) The violation of which the person was convicted or
to
which the person pleaded guilty arose out of the same
facts and
circumstances and the same act as did the charge that was
dismissed or reduced. (d) A violation of a statute of the United States or of any
other state or a
municipal ordinance of a municipal corporation
located in any other state that
is substantially similar to
section 4511.19 of the Revised Code. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or
(b)
of this section, regardless of where the violation occurred,
if
the person charged with the violation, within six years of
the
violation charged, has been convicted of or pleaded guilty to
any
violation listed in division (B)(1)(a), (b), (c), or
(d) of this
section. If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves relating to operating
a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or relating to operating a vehicle with a
prohibited
concentration of alcohol in the blood, breath, or
urine, or in
hearing a criminal cause involving a violation of
section 4511.19
of the Revised Code, determines that the person
charged, within
six years of the violation charged, has
been
convicted of or
pleaded guilty to any violation listed in
division (B)(1)(a), (b),
(c), or (d) of this
section, the mayor
immediately shall transfer
the case to the county court or
municipal court with jurisdiction
over the violation charged, in
accordance with section 1905.032 of
the Revised Code. (C)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other
municipal corporations having a population of more than one hundred, other than
Batavia
in Clermont county, not
being the site of
a municipal
court and not being a place where a
judge of a court
listed in
division (A) of this section sits as
required pursuant
to section
1901.021 of the Revised Code or by
designation of the
judges
pursuant to section 1901.021 of the
Revised Code, the
mayor of the
municipal corporation, subject to
sections 1901.031,
2937.08, and
2938.04 of the Revised Code, has
jurisdiction to
hear and
determine prosecutions involving a
violation of a
municipal
ordinance that is substantially
equivalent to division
(B)(1) or
(D)(2) of section 4507.02 of the
Revised Code and to
hear and
determine criminal causes that
involve a moving traffic
violation,
that involve a violation of
division (B)(1) or (D)(2)
of section
4507.02 of the Revised Code,
and that occur on a state
highway
located within the boundaries of
the municipal
corporation only if
all of the following apply
regarding the
violation and the person
charged: (a) Regarding a violation of division (B)(1) of section
4507.02 of the Revised Code or a violation of a municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following: (i) A violation of division (B)(1) of section 4507.02 of
the
Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to division (B)(1) of section 4507.02 of
the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced. (b) Regarding a violation of division (D)(2) of section
4507.02 of the Revised Code or a violation of a municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following: (i) A violation of division (D)(2) of section 4507.02 of
the
Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to division (D)(2) of section 4507.02 of
the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets
in
a case in which, after a charge against the person of a
violation
of a type described in division (C)(1)(b)(i) or (ii) of
this
section was dismissed or reduced, the person is convicted of
or
pleads guilty to a violation that arose out of the same facts
and
circumstances and the same act as did the charge that was
dismissed or reduced. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section. (3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves that is substantially
equivalent
to
division (B)(1) or (D)(2) of section 4507.02 of the Revised
Code
or a violation of division (B)(1) or (D)(2) of section
4507.02 of
the Revised Code, determines that, under division
(C)(2) of this
section, mayors do not have jurisdiction
of the prosecution, the
mayor immediately shall transfer the case to the
county court or
municipal court with jurisdiction over the violation in
accordance
with section 1905.032 of the Revised Code. (D) If the mayor of a municipal corporation has
jurisdiction
pursuant to division (B)(1) of this section to hear
and determine
a prosecution or criminal cause involving a
violation described in
division (B)(1)(a) or (b) of this section,
the authority of the
mayor to hear or determine the prosecution
or cause is subject to
the limitation contained in division (C)
of section 1905.03 of the
Revised Code. If the mayor of a
municipal corporation has
jurisdiction pursuant to division (A)
or (C) of this section to
hear and determine a prosecution or
criminal cause involving a
violation other than a violation
described in division (B)(1)(a)
or (b) of this section, the
authority of the mayor to hear or
determine the prosecution or
cause is subject to the limitation
contained in division
(C) of section 1905.031 of the Revised Code. (E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving
any of the following: (a) A violation of section 2919.25 or 2919.27 of the Revised
Code; (b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211,
or 2911.211 of the Revised Code that involves a
person
who was a family or household member
of the defendant at the time
of the violation; (c) A violation of a municipal ordinance that is
substantially
equivalent to an offense described in division
(E)(1)(a)
or (b) of this section and that involves a person who
was a
family or household member of the defendant at the time of
the violation. (2) The mayor of a municipal corporation does not have
jurisdiction to
hear and determine a motion filed pursuant to
section
2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is
substantially
equivalent to that
section or to issue a protection order pursuant to that section or
a
substantially equivalent municipal ordinance. (3) As used in this section, "family or household member"
has the same
meaning as in section 2919.25 of the Revised Code. (F) In keeping a docket and files, the mayor, and a
mayor's
court magistrate appointed under section 1905.05 of the
Revised
Code, shall be governed by the laws pertaining to county
courts.
SECTION 2. That existing sections 703.21 and 1905.01 of the Revised Code
are hereby repealed.
SECTION 3. That the version of section 1905.01 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows: Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount
Gilead in Morrow county, and in all
other municipal corporations having a population of more than one hundred,
other than
Batavia in Clermont county, not being
the site of a
municipal
court nor a place where a judge of the
Auglaize county,
Crawford
county, Jackson county, Miami county,
Portage county, or
Wayne
county municipal court sits as required
pursuant to section
1901.021 of the Revised Code or by
designation of the judges
pursuant to section 1901.021 of the
Revised Code, the mayor of the
municipal corporation has
jurisdiction, except as provided in
divisions (B),
(C), and (E) of this
section and subject to the
limitation contained in section
1905.03 and the limitation
contained in section 1905.031 of the
Revised Code, to hear and
determine any prosecution for the
violation of an ordinance of the
municipal corporation, to hear
and determine any case involving a
violation of a vehicle parking
or standing ordinance of the
municipal corporation unless the
violation is required to be
handled by a parking violations
bureau or joint parking violations
bureau pursuant to Chapter
4521. of the Revised Code, and to hear
and determine all criminal
causes involving any moving traffic
violation occurring on a
state highway located within the
boundaries of the municipal
corporation, subject to the
limitations of sections 2937.08 and
2938.04 of the Revised Code. (B)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other municipal corporations having a population of more than one hundred, other than
Batavia
in
Clermont county, not being the site of
a municipal
court nor a
place where a judge of a court listed in
division (A)
of this
section sits as required pursuant to section
1901.021 of
the
Revised Code or by designation of the judges
pursuant to
section
1901.021 of the Revised Code, the mayor of
the municipal
corporation has jurisdiction, subject to the
limitation contained
in section 1905.03 of the Revised Code, to
hear and determine
prosecutions involving a violation of an
ordinance of the
municipal corporation relating to operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a
combination of
them or relating to operating a vehicle
with a prohibited
concentration of alcohol in the
whole blood,
blood serum or
plasma, breath,
or urine, and to
hear and determine
criminal
causes involving a
violation of
section 4511.19 of the
Revised
Code that occur on a
state highway
located within the
boundaries
of the municipal
corporation,
subject to the
limitations of
sections 2937.08 and
2938.04 of the
Revised Code,
only if the
person charged with the
violation,
within six years of
the date of
the violation
charged, has not
been convicted of or
pleaded guilty
to any of
the following: (a) A violation of an ordinance of any municipal
corporation
relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or
a
combination of them or
relating
to operating a vehicle with a
prohibited
concentration of
alcohol
in the
whole blood,
blood
serum or plasma, breath, or urine; (b) A violation of section 4511.19 of the Revised Code; (c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys
upon
the highways or streets,
to which all of the
following
apply: (i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of
a type described in division
(B)(1)(a)
of this section, or with a violation of section
4511.19
of the
Revised Code; (ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced; (iii) The violation of which the person was convicted or
to
which the person pleaded guilty arose out of the same
facts and
circumstances and the same act as did the charge that was
dismissed or reduced. (d) A violation of a statute of the United States or of any
other state or a
municipal ordinance of a municipal corporation
located in any other state that
is substantially similar to
section 4511.19 of the Revised Code. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or
(b)
of this section, regardless of where the violation occurred,
if
the person charged with the violation, within six years of
the
violation charged, has been convicted of or pleaded guilty to
any
violation listed in division (B)(1)(a), (b), (c), or
(d) of this
section. If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves relating to operating
a vehicle while
under the influence of alcohol, a drug of abuse, or
a
combination of them or relating to operating a
vehicle with a
prohibited
concentration of alcohol in the
whole
blood,
blood
serum or plasma, breath, or
urine, or in
hearing a
criminal cause
involving a violation of
section 4511.19
of the
Revised Code,
determines that the person
charged, within
six years
of the
violation charged, has
been
convicted of or
pleaded guilty
to any
violation listed in
division (B)(1)(a), (b),
(c), or (d) of
this
section, the mayor
immediately shall transfer
the case to the
county court or
municipal court with jurisdiction
over the
violation charged, in
accordance with section 1905.032 of
the
Revised Code. (C)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other municipal corporations having a population of more than one hundred, other than
Batavia
in
Clermont county, not being the site of
a municipal
court and not
being a place where a judge of a court
listed in
division (A) of
this section sits as required pursuant
to section
1901.021 of the
Revised Code or by designation of the
judges
pursuant to section
1901.021 of the Revised Code, the
mayor of the
municipal
corporation, subject to sections 1901.031,
2937.08, and
2938.04 of
the Revised Code, has jurisdiction to
hear and
determine
prosecutions involving a violation of a
municipal
ordinance that
is substantially equivalent to division
(A)
of
section 4510.14 or
section
4510.16 of the Revised Code and
to
hear and determine
criminal causes that involve a moving
traffic
violation, that
involve a violation of division
(A)
of section
4510.14 or section
4510.16 of the
Revised Code, and that occur on
a state
highway
located within the
boundaries of the municipal
corporation only if
all of the
following apply regarding the
violation and the person
charged: (a) Regarding a violation of
section
4510.16 of the
Revised Code or a violation of a
municipal
ordinance that is
substantially equivalent to that division, the
person charged with
the violation, within
six years of the
date
of the violation
charged, has not been convicted of or
pleaded
guilty to any of the
following: (i) A violation of
section
4510.16 of the Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to
section
4510.16 of the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced. (b) Regarding a violation of division
(A) of section
4510.14 of the Revised Code or a violation of a
municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within
six years of the
date
of the violation charged, has not been convicted of or
pleaded
guilty to any of the following: (i) A violation of division
(A) of section
4510.14 of the
Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to division
(A) of section
4510.14 of
the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets
in
a case in which, after a charge against the person of a
violation
of a type described in division (C)(1)(b)(i) or (ii) of
this
section was dismissed or reduced, the person is convicted of
or
pleads guilty to a violation that arose out of the same facts
and
circumstances and the same act as did the charge that was
dismissed or reduced. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within
six years of the violation charged, has been convicted
of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within
six years of the violation charged, has been convicted
of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section. (3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves that is substantially
equivalent to
division
(A)
of section
4510.14 or section
4510.16 of the
Revised
Code or a violation of division
(A)
of section 4510.14 or
section
4510.16 of the
Revised Code, determines that, under
division
(C)(2) of this section, mayors do not have jurisdiction
of the
prosecution, the mayor immediately shall transfer the case
to the
county court or municipal court with jurisdiction over the
violation in
accordance with section 1905.032 of the Revised Code. (D) If the mayor of a municipal corporation has
jurisdiction
pursuant to division (B)(1) of this section to hear
and determine
a prosecution or criminal cause involving a
violation described in
division (B)(1)(a) or (b) of this section,
the authority of the
mayor to hear or determine the prosecution
or cause is subject to
the limitation contained in division (C)
of section 1905.03 of the
Revised Code. If the mayor of a
municipal corporation has
jurisdiction pursuant to division (A)
or (C) of this section to
hear and determine a prosecution or
criminal cause involving a
violation other than a violation
described in division (B)(1)(a)
or (b) of this section, the
authority of the mayor to hear or
determine the prosecution or
cause is subject to the limitation
contained in division
(C) of section 1905.031 of the Revised Code. (E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving
any of the following: (a) A violation of section 2919.25 or 2919.27 of the Revised
Code; (b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211,
or 2911.211 of the Revised Code that involves a
person
who was a family or household member
of the defendant at the time
of the violation; (c) A violation of a municipal ordinance that is
substantially
equivalent to an offense described in division
(E)(1)(a)
or (b) of this section and that involves a person who
was a
family or household member of the defendant at the time of
the violation. (2) The mayor of a municipal corporation does not have
jurisdiction to
hear and determine a motion filed pursuant to
section
2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is
substantially
equivalent to that
section or to issue a protection order pursuant to that section or
a
substantially equivalent municipal ordinance. (3) As used in this section,
"family or household member"
has the same
meaning as in section 2919.25 of the Revised Code. (F) In keeping a docket and files, the mayor, and a
mayor's
court magistrate appointed under section 1905.05 of the
Revised
Code, shall be governed by the laws pertaining to county
courts.
SECTION 4. That the existing version of section 1905.01 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
SECTION 5. Sections 3 and 4 of this act take effect January 1, 2004.
SECTION 6. If any provision or application of this act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
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