(A) In all municipalities having a population of more than 200 not being the site of a municipal court nor a place where a judge sits pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor has jurisdiction, except as provided in divisions (B), (C) and (E) of this section and subject to the limitation contained in R.C. § 1905.03 and the limitation contained in R.C. § 1905.031, to hear and determine any prosecution for the violation of an ordinance of the municipality, to hear and determine any case involving a violation of a vehicle parking or standing ordinance of the municipality unless the violation is required to be handled by a parking violations bureau or joint parking violations bureau pursuant to R.C. Chapter 4521, and to hear and determine all criminal cases involving any moving traffic violation occurring on a state highway located within the boundaries of the municipality, subject to the limitations of R.C. §§ 2937.08 and 2938.04.
(B) (1) In all municipalities having a population of more than 200 not being the site of a municipal court nor a place where a judge of a court sits as required pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor has jurisdiction, subject to the limitation contained in R.C. § 1905.03, to hear and determine prosecutions involving a violation of an ordinance of the municipality 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, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, and to hear and determine criminal causes involving a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance that occur on a state highway located within the boundaries of the municipality, subject to the limitations of R.C. §§ 2937.08 and 2938.04, only if the person charged with the violation, within ten 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 municipality 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, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
(b) A violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance;
(c) A violation of any ordinance of any municipality or of any section of the Ohio Revised Code that regulates the operation of vehicles upon the streets, to which all of the following apply:
1. 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 R.C. § 4511.19 or a substantially equivalent municipal ordinance;
2. The charge of the violation described in division (B)(1)(c)1. of this section was dismissed or reduced;
3. The violation of which the person was convicted or to which he or she 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 any other state or a municipal ordinance of a municipality located in any other state that is substantially equivalent to R.C. § 4511.19.
(2) The Mayor does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (B)(1)(a) or (B)(1)(b) of this section, regardless of where the violation occurred, if the person charged with the violation, within ten years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (B)(1)(b), (B)(1)(c), or (B)(1)(d) of this section.
(3) If the Mayor, in hearing a prosecution involving a violation of an ordinance of the municipality he or she 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, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, or in hearing a criminal cause involving a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance, determines that the person charged, within ten years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (B)(1)(b), (B)(1)(c), or (B)(1)(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 R.C. § 1905.032.
(C) (1) In all municipalities having a population of more than 200 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 R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor, subject to R.C. §§ 1901.031, 2937.08, and 2938.04, has jurisdiction to hear and determine prosecutions involving a violation of a municipal ordinance that is substantially equivalent to R.C. § 4510.14(A) or 4510.16 and to hear and determine criminal causes that involve a moving traffic violation, that involve a violation of R.C. § 4510.14(A) or 4510.16, and that occur on a state highway located within the boundaries of the municipality only if all of the following apply regarding the violation and the person charged:
(a) Regarding a violation of R.C. § 4510.16 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:
1. A violation of R.C. § 4510.16;
2. A violation of a municipal ordinance that is substantially equivalent to R.C. § 4510.16;
3. A violation of any municipal ordinance or section of the Ohio Revised Code that regulates the operation of vehicles 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)1. or (C)(1)(a)2. 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 R.C. § 4510.14(A) 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:
1. A violation of R.C. § 4510.14(A);
2. A violation of a municipal ordinance that is substantially equivalent to R.C. § 4510.14(A);
3. A violation of any municipal ordinance or section of the Ohio Revised Code that regulates the operation of vehicles 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)1. or (C)(1)(b)2. 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 does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(a)1. or (C)(1)(a)2. 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)1. through (C)(1)(a)3. 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)1. or (C)(1)(b)2. 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)1. through (C)(1)(b)3. of this section.
(3) If the Mayor, in hearing a prosecution involving a violation of an ordinance of the municipality he or she serves that is substantially equivalent to R.C. § 4510.14(A) or 4510.16 or a violation of R.C. § 4510.14(A) or 4510.16, determines that, under division (C)(2) of this section, he or she does 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 R.C. § 1905.032.
(D) If the Mayor 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)(1)(b) of this section, the authority of the Mayor to hear or determine the prosecution or cause is subject to the limitation contained in R.C. § 1905.03(C). If the Mayor 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)(1)(b) of this section, the authority of the Mayor to hear or determine the prosecution or cause is subject to the limitation contained in R.C. § 1905.031(C).
(E) (1) The Mayor of a municipal corporation does not have the jurisdiction to hear and determine any prosecution or criminal cause involving any of the following:
(a) A violation of R.C. § 2919.25 or 2919.27;
(b) A violation of R.C. § 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211 that involves a person who was a family or household member of the defendant at the time of the violation;
(c) A violation a municipal ordinance that is substantially equivalent to an offense described in division (E)(1)(a) or (E)(1)(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 the jurisdiction to hear and determine a motion filed pursuant to R.C. § 2919.26 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 R.C. § 2919.25.
(F) In keeping his or her docket and files, the Mayor and a Mayor’s Court Magistrate appointed under R.C. § 1905.05 shall be governed by the laws pertaining to county courts.
(R.C. § 1905.01) (Rev. 2018)
Cross-reference:
Mayor generally, see §§ 31.015 et seq.
(A) The Mayor has, within the corporation limits, all the powers conferred upon sheriffs to suppress disorder and keep the peace.
(B) The Mayor shall award and issue all writs and process that are necessary to enforce the administration of justice throughout the municipality. The Mayor shall subscribe his or her name and affix his or her official seal to all writs, process, transcripts, and other official papers. A Mayor’s Court Magistrate, in hearing and determining prosecutions and criminal causes that are within the scope of his or her authority under R.C. § 1905.05, has the same powers and duties as are granted to or imposed upon a Mayor under this division.
(C) The Mayor shall be disqualified in any criminal case in which he or she was the arresting officer, assisted in the arrest, or was present at the time of arrest, and shall not hear the case.
(R.C. § 1905.20)
(A) The Mayor and a Mayor’s Court Magistrate shall keep a docket. Neither the Mayor nor a Mayor’s Court Magistrate shall retain or receive for his or her own use any of the fines, forfeitures, fees, or costs he or she collects. A Mayor’s Court Magistrate shall account for all the fines, forfeitures, fees, and costs he or she collects and transfer them to the Mayor. The Mayor shall account for and dispose of all the fines, forfeitures, fees, and costs he or she collects, including all such fines, forfeitures, fees, and costs that are transferred to him or her by a Mayor’s Court Magistrate, as provided in R.C. § 733.40.
(B) The Mayor shall be paid such fixed annual salary as the Legislative Authority provides under R.C. §§ 731.08 and 731.13, and a Mayor’s Court Magistrate shall receive compensation as provided in R.C. § 1905.05.
(C) The Mayor shall keep an office, provided by the Legislative Authority, at a convenient place in the municipality, and shall be furnished by the Legislative Authority with the corporate seal of the municipality. In the center of the seal shall be the words, “Mayor of the Village of . . . .”
(R.C. § 1905.21)
(A) A Mayor of a municipality that has a Mayor’s Court may appoint a person as Mayor’s Court Magistrate to hear and determine prosecutions and criminal cases in the Mayor’s Court that are within the jurisdiction of the Mayor’s Court, as set forth in R.C. § 1905.01. No person shall be appointed as a Mayor’s Court Magistrate unless the person has been admitted to the practice of law in this state and, for a total of at least three years preceding his or her appointment or the commencement of his or her service as magistrate, has been engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction in the United States, or both.
(1) A person appointed as a Mayor’s Court Magistrate under this division is entitled to hear and determine prosecutions and criminal cases in the Mayor’s Court that are within the jurisdiction of the Mayor’s Court, as set forth in R.C. § 1905.01. If a Mayor is prohibited from hearing or determining a prosecution or cause that charges a person with a violation of R.C. § 4511.19 or a municipal OVI ordinance as defined in R.C. § 4511.181 due to the operation of R.C. § 1905.03(C), or is prohibited from hearing or determining any other prosecution or cause due to the operation of R.C. § 1905.031(C), the prohibition against the Mayor hearing or determining the prosecution or causes does not affect and shall not be construed as affecting the jurisdiction or authority of a person appointed as a Mayor’s Court Magistrate under this division to hear and determine the prosecution or cause in accordance with this section. In hearing and determining such prosecutions and causes, the magistrate has the same powers, duties, and authority as does a Mayor who conducts a Mayor’s Court to hear and determine prosecutions and causes in general, including but not limited to the power and authority to decide the prosecution or cause, enter judgement, and impose sentence; the powers, duties, and authority granted to Mayors of Mayor’s Courts by this chapter, in relation to the hearing and determination of prosecutions and causes in Mayor’s Courts; and the powers, duties, and authority granted to Mayors of Mayor’s Courts by any provisions of the Ohio Revised Code, in relation to the hearing and determination of prosecutions and causes in Mayor’s Courts. A judgement entered and a sentence imposed by a Mayor’s Court Magistrate do not have to be reviewed or approved by the Mayor who appointed the Magistrate, and have the same force and effect as if they had been entered or imposed by the Mayor.
(2) A person appointed as a Mayor’s Court Magistrate under this division is not entitled to hear or determine any prosecution or criminal cause other than prosecutions and causes that are within the jurisdiction of the Mayor’s Court, as set forth in R.C. § 1905.01.
(3) A municipality that a Mayor’s Court Magistrate serves shall pay the compensation for the services of the Magistrate, which shall be either a fixed annual salary set by the Legislative Authority or a fixed annual amount or fees for services rendered set under a contract the Magistrate and the municipality enter into.
(B) The appointment of a person as a Mayor’s Court Magistrate under division (A) of this section does not preclude the Mayor that appointed the Magistrate, subject to the limitation contained in R.C. § 1905.03 and the limitation contained in R.C. § 1905.031, from also hearing and determining prosecutions and criminal causes in the Mayor’s Court that are within the jurisdiction of the Mayor’s Court, as set forth in R.C. § 1905.01.
(R.C. § 1905.05) (Rev. 2007)
(A) (1) The Mayor of a municipal corporation that has a Mayor’s Court, and a Mayor’s Court Magistrate, are entitled to suspend, and shall suspend, in accordance with R.C. §§ 4510.02, 4510.07, and 4511.19, the driver’s or commercial driver’s license or permit or nonresident operating privilege of any person who is convicted of or pleads guilty to a violation of R.C. § 4511.19(A), of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine that is substantially equivalent to R.C. § 4511.19(A).
(2) The Mayor of a municipal corporation that has a Mayor’s Court, and a Mayor’s Court Magistrate, are entitled to suspend, and shall suspend, in accordance with R.C. §§ 4510.02, 4510.07, and 4511.19, the driver’s or commercial driver’s license or permit or nonresident operating privilege of any person who is convicted of or pleads guilty to a violation of R.C. § 4511.19(B) or of a municipal ordinance relating to the operating of a vehicle with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine that is substantially equivalent to R.C. § 4511.19(B).
(B) Suspension of a commercial driver’s license under this section shall be concurrent with any period of disqualification or suspension under R.C. § 3123.58 or 4506.16. No person who is disqualified for life from holding a commercial driver’s license under R.C. § 4506.16 shall be issued a driver’s license under R.C. Chapter 4507 during the period for which the commercial driver’s license was suspended under this section.
(R.C. § 1905.201) (Rev. 2007)
Cross-reference:Driving while intoxicated or drugged, see § 73.01