Schedule of Costs
| Traffic Division | Criminal Division |
| Bail Bond Schedule | |
Traffic Division
Effective February 1, 2012
Except for the offenses noted below, minor misdemeanors do not require a Court appearance if the offender has not had two or more moving violations within the last twelve (12) months. For the above referenced minor misdemeanors, bond may be posted in the amount of $114.00.
The following offenses also do not require a Court appearance, the bondable amounts are as follows:
Speeding Offenses
| Type | 1-15 MPH Over: Fine |
1-15 MPH Over: Costs |
1-15 MPH Over: Total |
16-29 MPH Over: Fine |
16-29 MPH Over: Costs |
16-29 MPH Over: Total |
30+ MPH Over: Fine |
30+ MPH Over: Costs |
30+ MPH Over: Total |
|---|---|---|---|---|---|---|---|---|---|
| First within one year | $17.00 | $97.00 | $114.00 | $37.00 | $97.00 | $134.00 | $77.00 | $97.00 | $174.00 |
| In Construction Zone | $34.00 | $97.00 | $131.00 | $74.00 | $97.00 | $171.00 | $154.00 | $97.00 | $251.00 |
| Second within one year | $37.00 | $97.00 | $134.00 | $52.00 | $97.00 | $149.00 | $97.00 | $97.00 | $194.00 |
| In Construction Zone | $74.00 | $97.00 | $171.00 | $104.00 | $97.00 | $201.00 | $194.00 | $97.00 | $291.00 |
Pursuant to Ohio Revised Code Section 4511.21(P)(3) if an offender operates a motor vehicle in a construction zone, where a sign was then posted in accordance with Ohio Revised Code Section 4511.98, the court, must impose upon the offender a fine of two times the usual amount imposed for the violation.
NOTE: The Ohio Revised Code and most of the Municipal and Village Ordinances provide that if the offender's speed was:
- faster than 35 MPH in a business district of a municipality,
- faster than 55 MPH in other portions of a municipality, or
- faster than 35 MPH in a school zone during a time when children are arriving, departing, or at recess,
the offense is a 4th degree misdemeanor requiring a Court appearance. These offenses can require a Court appearance only if the officer alleges on the ticket the type of district or zone.
Example: If an offender is cited for going over 35 mph in a school zone, in order for the offense to be a "MUST APPEAR", the officer should cite as: 40 mph in a 20 mph zone, however, add the words "school zone" and "during school hours" to the ticket and mark it "MUST APPEAR". If the type of zone is not included, the Clerk's office will treat it as a minor misdemeanor and accept payment at the Violations Bureau.
Seat Belt Violations
| Type | Fine | Costs | Total | Fine & Costs with Another Offense |
|---|---|---|---|---|
| Driver | $30.00 | $49.00 | $79.00 | $40.00 |
| Passenger | $20.00 | $49.00 | $69.00 | $30.00 |
Child Restraint Violations
| Type | Fine | Costs | Total |
|---|---|---|---|
| First Offense | $37.00 | $97.00 | $134.00 |
| Second offense or more | Must Appear (M4) |
Expired Plates
A violation of R.C. § 4503.11(A) or equivalent city or village ordinance is a misdemeanor of the fourth degree, but shall not usually require a court appearance. The officer still has discretion to require a court appearance by checking the "must appear" box on the complaint/summons.
| Type | Fine | Costs | Total |
|---|---|---|---|
| Expired Plates R.C. § 4503.11(A) | $27.00 | $97.00 | $124.00 |
Traffic Offenses Which Require a Court Appearance
The following traffic minor misdemeanors require a Court appearance:
Failure to Stop for A Schoolbus
| Offense | Fine & Costs |
|---|---|
| Failure to stop and remain upon meeting a school bus receiving or discharging a school child | Must Appear (M-M) |
Reckless Operation
| Type | Fine & Costs |
|---|---|
| Willful or Wonton Operation First within one year (with no prior "predicate offenses)* |
Must Appear (M-M) |
| Willful or Wonton Operation * With one predicate offense |
Must Appear (M-4) |
| Willful or Wonton Operation* With two predicate offenses |
Must Appear (M-3) |
| * R.C. 4511.01(III) defines "predicate motor vehicle or traffic offense". | |
Refer to "The Bail Bond Schedule for The New Philadelphia Municipal Court" for the appearance bond amounts, if the offender is incarcerated on an offense. A Court appearance is required on all 4th, 3rd, 2nd and 1st degree misdemeanors unless listed in "Do not require Court appearance" section of page 1 or 2.
Applicable to All of the Following Traffic Offenses:
The citing officer must write the number of prior violations the defendant has in relation to the current charge so that the defendant can pay the violation at the Violation Bureau if the defendant desires to do so.
R.C. § 4507.35 - Failure to Display License or Proof of License - 0 points
| Type | Fine | Costs | Total |
|---|---|---|---|
| First in 3 Years | $100.00 | $97.00 | $197.00 |
| Second in 3 Years | $200.00 | $97.00 | $297.00 |
| Third or more in 3 Years | Must Appear M-1 |
R.C. § 4510.111 - Driving Under Suspension / License Forfeiture or Child Support
(includes prior R.C. 4510.11 and 4510.16) - 2 points
| Type | Fine | Costs | Total |
|---|---|---|---|
| First in 3 Years | $100.00 | $97.00 | $197.00 |
| Second in 3 Years | $200.00 | $97.00 | $297.00 |
| Third or more in 3 Years | Must Appear M-1 |
R.C. § 4510.12 - Operating a Motor Vehicle Without a Valid License - 0 points
| Type | Fine | Costs | Total |
|---|---|---|---|
| R.C. § 4510.12(C)(1) Never Licensed (First anytime) | $100.00 | $97.00 | $197.00 |
| R.C. § 4510.12(C)(1) Never Licensed (Second or more anytime) | Must Appear M-1 | ||
| R.C. § 4510.12(C)(2) Expired License (First offense or if prior was over three years ago) | $17.00 | $97.00 | $114.00 |
| R.C. § 4510.10(C)(2) Expired License (Prior within three years and license expired over 6 months) | $37.00 | $97.00 | $134.00 |
| Expired License (Third or more in three years) | Must Appear M-1 |
R.C. § 4510.16 - Driving Under FRA Suspension / Cancellation / Non-payment Judgment
(includes prior R.C. § 4510.11 and R.C. § 4510.111) - 2 points
*If the vilation of R.C. § 4510.16 involves an accident/crash because of the possibility of a restitution award a defendant must appear
| Type | Fine | Costs | Total |
|---|---|---|---|
| First in 3 Years | $100.00 | $97.00 | $197.00 |
| Second in 3 Years | $200.00 | $97.00 | $297.00 |
| Third or more in 3 Years | Must Appear M-1 |
R.C. § 4510.21 - Failure to Reinstate License - 2 points
| Type | Fine | Costs | Total |
|---|---|---|---|
| First in 3 Years | $100.00 | $97.00 | $197.00 |
| Second in 3 Years | $200.00 | $97.00 | $297.00 |
| Third or more in 3 Years | Must Appear M-1 |
R.C. § 4511.203 - Wrongful Entrustment of Motor Vehicle - 2 points
| Type | Fine | Costs | Total |
|---|---|---|---|
| First in 3 Years: R.C. § 4511.203(A)(1),(2), or (3) | $100.00 | $97.00 | $197.00 |
| Second in 3 Years: R.C. § 4511.203(A)(1), (2), or (3) | $200.00 | $97.00 | $297.00 |
| R.C. § 4511.203(A)(4) or (5) | Must Appear M-1 | ||
| Third or more in 3 years: R.C. § 4511.203(A)(1), (2), or (3) or R.C. § 4511.203(A)(4) or (5) |
Must Appear M-1 |
Load Limits on Highways
(O.R.C. Section 5577 )
Whoever violates the weight provisions of sections 5577.01 to 5577.07 or the weight provisions in regard to highways under section 5577.04 shall be fined as follows:
| Violation | Fine | Costs |
|---|---|---|
| Up to 2,000 lbs. Overload | $80.00 + | $97.00 |
| >2,001 to <5,000 lbs. Overload | $100.00 + $1.00 per 100 lbs. overload + | $97.00 |
| >5,001 to <10,000 lbs overload | $130.00 + $2.00 per 100 lbs. overload + | $97.00 |
| >10,001 lbs. Over | $160.00 + $3.00 per 100 lbs. overload + | $97.00 |
| < Less-Than > Greater-Than |
||
Whoever violates the weight provisions of vehicle and loading relating to gross load limits shall be fined not less than $100.00 plus $97.00 court costs.
The above amounts taken from O.R.C. section 5577.99(A).
Whoever violates the weight provisions of O.R.C. sections 5571.071 or 5577.08 or the weight provisions in regard to bridges under section 5577.09, and whoever exceeds the carrying capacity specified under section 5591.42 shall be fined as follows:
| Violation | Fine + | Costs |
|---|---|---|
| Up to 2,000 lbs. Overload | $80.00 + | $97.00 |
| >2,001 to <5,000 lbs. Overload | $100.00 + $1.00 per 100 lbs. overload + | $97.00 |
| >5,001 to <10,000 lbs overload | $130.00 + $2.00 per 100 lbs. overload + | $97.00 |
| >10,001 lbs. Over | $160.00 + $3.00 per 100 lbs. overload + | $97.00 |
| < Less-Than > Greater-Than |
||
The above amounts taken from O.R.C. section 5577.99(B).
NOTE: Regarding ALL of the sections on the previous page: if the offender is in excess of 5,000 lbs., the law provides a possibility of up to thirty days in jail, instead of or in addition to, the fines listed. If you have a particular case where you wish the Judge to consider the jail term, mark the ticket as a "MUST APPEAR" and contact your prosecuting attorney before the scheduled arraignment date so that he or she can present your case for you. Also, you may require an appearance bond of $500.00 if warranted.
Whoever violates any other provision of Section 5577.01 to 5577.09 shall be fined as follows:
| Type | Fine + | Costs = | Total |
|---|---|---|---|
| First offense | $17.00 + | $97.00 = | $114.00 |
| Second offense within one year | $50.00 + | $97.00 = | $147.00 |
| Third or more within one year | $100.00 + | $97.00 = | $197.00 |
Note regarding the above sections: The law provides that if an offense listed above is a second offense, then it is possible for the offender to receive ten (10) days jail in addition to any fines and costs. Also, if the offense if a third offense or more, it is possible for the offender to receive thirty (30) day jail in addition to any fine and costs. If you have a particular case where you wish the judge to consider the jail term, mark the ticket as "MUST APPEAR" and contact your prosecuting attorney before the scheduled arraignment date so that he or she can present your case for you. Also, you may require an appearance bond of $300.00 if warranted. Whoever violates O.R.C. Section 5577.10 MUST APPEAR in court, and an appearance bond of $500.00 may be required. Whoever violates O.R.C. Section 5577.11 shall be fined $17.00 + $97.00 court costs, for a total of $114.00.
NOTE REGARDING ALL SECTIONS LISTED ABOVE: THE CALCULATIONS LISTED HAVE BEEN TAKEN FROM THE OHIO REVISED CODE. IF YOU HAVE A QUESTION REGARDING THE MEANING OF THIS SECTION, PLEASE DIRECT YOUR INQUIRIES TO THE PROSECUTING ATTORNEY'S OFFICE THAT REPRESENTS YOUR AGENCY. THE INDIVIDUALS WHO WORK IN THE CLERK'S OFFICE OF THE COURT ARE NOT ATTORNEYS AND ARE NOT PREPARED TO ANSWER SUCH QUESTIONS FOR YOU.
Load Limits on Highways
(New Philadelphia Codified Ordinance 339.01(b))
Whoever violates the weight provisions of New Philadelphia Codified Ordinance 339.01(b)(A) or the weight provisions in regard to highways under O.R.C. section 5577.04 shall be fined as follows:
| Violation | Fine + | Costs |
|---|---|---|
| Up to 2,000 lbs. Overload | $80.00 + | $97.00 |
| >2,001 to <5,000 lbs. Overload | $100.00 + $1.00 per 100 lbs. overload + | $97.00 |
| >5,001 to <10,000 lbs overload | $130.00 + $2.00 per 100 lbs. overload + | $97.00 |
| >10,001 lbs. Over | $160.00 + $3.00 per 100 lbs. overload + | $97.00 |
| < Less-Than > Greater-Than |
||
Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than $100.00 plus $97.00 court costs.
The above amounts are taken from New Philadelphia Codified Ordinance 339.01(b)(A) and O.R.C. section 5577.99(A).
Whoever violates the weight provisions of New Philadelphia Codified Ordinance 339.01(b)(B) or O.R.C. sections 5571.071 or 5577.08 or the weight provisions in regard to bridges under O.R.C. section 5577.09, and whoever exceeds the carrying capacity specified under O.R.C. section 5591.42 shall be fined as follows:
| Violation | Fine + | Costs |
|---|---|---|
| Up to 2,000 lbs. Overload | $80.00 + | $97.00 |
| >2,001 to <5,000 lbs. Overload | $100.00 + $1.00 per 100 lbs. overload + | $97.00 |
| >5,001 to <10,000 lbs overload | $130.00 + $2.00 per 100 lbs. overload + | $97.00 |
| >10,001 lbs. Over | $160.00 + $3.00 per 100 lbs. overload + | $97.00 |
| < Less-Than > Greater-Than |
||
The amounts listed taken from New Philadelphia Codified Ordinance 339.01(b)(B) and O.R.C. section 5577.99(B).
NOTE: Regarding ALL of the sections on the previous page: if the offender is in excess of 5,000 lbs., the law provides a possibility of up to thirty (30) days in jail, instead of or in addition to, the fines listed. If you have a particular case where you wish the Judge to consider the jail term, mark the ticket as a "MUST APPEAR" and contact your prosecuting attorney before the scheduled arraignment date so that he or she can present your case for you. Also, you may require an appearance bond of $500.00 if warranted.
Whoever violates New Philadelphia Codified Ordinance 339.01(b)(C) or any other provision of O.R.C. section 5577.01 to 5577.09 shall be fined as follows:
| Type | Fine | Costs | Total |
|---|---|---|---|
| First offense | $17.00 | $97.00 | $114.00 |
| Second offense within one year | $50.00 | $97.00 | $147.00 |
| Third or more within one year | $100.00 | $97.00 | $197.00 |
Note regarding the above sections: The law provides that if an offense listed above is a second offense, then it is possible for the offender to receive ten (10) days jail in addition to any fines and costs. Also, if the offense if a third offense or more, it is possible for the offender to receive thirty (30) days jail in addition to any fine and costs. If you have a particular case where you wish the judge to consider the jail term, mark the ticket as "MUST APPEAR" and contact your prosecuting attorney before the scheduled arraignment date so that he or she can present your case for you. Also, you may require an appearance bond of $300.00 if warranted.
Note regarding all sections listed: THE CALCULATIONS LISTED HAVE BEEN TAKEN FROM NEW PHILADELPHIA CODIFIED ORDINANCE 339.01(b) AND THE OHIO REVISED CODE. IF YOU HAVE A QUESTION REGARDING THE MEANING OF THIS SECTION, PLEASE DIRECT YOUR INQUIRIES TO THE PROSECUTING ATTORNEY'S OFFICE THAT REPRESENTS YOUR AGENCY. THE INDIVIDUALS WHO WORK IN THE CLERK'S OFFICE OF THE COURT ARE NOT ATTORNEYS AND ARE NOT PREPARED TO ANSWER SUCH QUESTIONS FOR YOU.
Highway Use Tax
(O.R.C. Section 5728)
Whoever violated O.R.C. Sections 5728.02 to 5728.14, for which no penalty is provided elsewhere, shall be fined as follows:
| Fine | Costs | Total |
|---|---|---|
| $25.00 | $97.00 | $122.00 |
Whoever violates O.R.C. Section 5728.04(A)(1) shall be fined as follows:
| Section | Fine | Costs | Total |
|---|---|---|---|
| 5728.04(A)(1) | $50.00 | $97.00 | $147.00 |
| 5728.04(A)(2) | Must Appear |
A violation of O.R.C. Section 5728.04(A)(1) is a misdemeanor of the fourth degree, but shall not usually require a court appearance. If the citing officer wants the defendant to appear in court they should mark the ticket as a "Must Appear" and contact the prosecuting attorney before the scheduled arraignment date so that he or she may present the case to the court. Regardless of whether the officer wants the defendant to appear, the court is required to notify the tax commissioner of the offense and provide the following information:
The permanent address of the owner of the commercial car or commercial tractor;
The registration number;
The state of registration;
The certificate of title number of the commercial car or commercial tractor.
Therefore, the citing officer SHOULD PROVIDE THE COURT WITH THE ABOVE INFORMATION WHEN ISSUING A CITATION FOR O.R.C. SECTION 5728.04.
A violation of O.R.C. Section 5728.04(A)(2) is a misdemeanor of the first degree and therefore the defendant must appear in court.
Criminal Division
Effective February 1, 2012
Except for the offenses noted below, minor misdemeanors do not require a Court appearance and the offender may waive appearance by paying a fine and costs in the amount of $114.00 to the violations bureau.
The following offenses are unclassified misdemeanors and do not require a Court appearance if a fine and costs amount is listed. As set out below, repeat offenses require a court appearance:
DOGS AND DOMESTIC ANIMALS
| Offense | Fine & Costs |
|---|---|
| Failure to register dog [R.C. 955.21] First offense | $124.00 |
| Failure to register dog [R.C. 955.21] Second or more offense | Must Appear |
| Failure to leash/confine/control [R.C. 955.22 (B) or (C)] First offense | $124.00 |
| Failure to leash/confine/control [R.C. 955.22 (B) or (C)] Second or more offense | Must Appear |
Although "Possession of marijuana" can be a minor misdemeanor, the court shall now require a court appearance because R.C. 2925.11 requires a minimum six month driver's license suspension. Since the violations bureau is without authority to suspend a driver's license, the court shall, pursuant to the authority granted in Criminal Rule 4.1, require a court appearance.
POSSESSION OF MARIJUANA
| Offense | Fine & Costs |
|---|---|
| Possession of Marijuana | Must Appear |
A COURT APPEARANCE IS REQUIRED ON ALL 4th, 3rd, 2nd, AND 1st DEGREE MISDEMEANORS. REFER TO THE BAIL BOND SCHEDULE FOR THE NEW PHILADELPHIA MUNICIPAL COURT FOR THE APPEARANCE BOND AMOUNTS, IF THE OFFENDER IS INCARCERATED ON ANY SUCH OFFENSE.
Bail Bond Schedule
Effective February 1, 2012
- Ohio law requires that the court establish a bail bond schedule to be used in cases where the citing officer has arrested the defendant upon a misdemeanor. Therefore, except for the charges listed below in subsection (B), if a defendant has been arrested upon a misdemeanor, he/she shall be given an opportunity to post bond in the following amounts:
Level of Offense Bond First Degree Misdemeanor $1000.00 Second Degree Misdemeanor $750.00 Third Degree Misdemeanor $500.00 Fourth Degree Misdemeanor $250.00 Minor Misdemeanor $100.00 DUI OFFENSES - BONDS
Level of Offense Bond Third offense within 6 years $3000.00 Second offense within 6 years $1500.00 First offense within 6 years $1000.00 Bail bonds may be posted twenty-four hours a day for someone who has been arrested and booked into jail.
CONTACT THE COURT AT 330-343-6797 BETWEEN 8:00 A.M. AND 4:30 P.M., MONDAY THROUGH FRIDAY.
CONTACT THE CITY OF NEW PHILADELPHIA POLICE DEPARTMENT AT 330-343-4488 IF THE COURT IS CLOSED. - In some instances bail bonds are not set until the defendant has had his/her first appearance before a Judge. (Violent misdemeanors and felony charges).
No one, whom an officer has incarcerated, shall be released by posting bond from the above schedule if charged with Domestic Violence, Menacing by Stalking, Aggravated Trespass, or Assault that involve persons who are family or household members at the time of the violation.
R.C. § 2919.251 provides that the court must consider various factors set out in that section before setting bail, and that the court's bail bond schedule may reflect the same. Therefore, bail in these referenced cases shall only be set in open court, except as follows:
- By application to the judge by an attorney at law (licensed in the State of Ohio), who shall, as an officer of the court, be able to represent all of the following to the Judge:
- He/she has made contact with the prosecutor representing the arresting jurisdiction;
- That the above described prosecutor has granted permission for said attorney to speak ex-parte to the Judge regarding bail;
- That the above described prosecutor does not oppose the defendant's immediate release;
- Said attorney is with the alleged victim, and the alleged victim clearly states that he/she does not fear the defendant;
- Said attorney has personal knowledge that the defendant does not have a history of domestic violence or other violent acts;
- Said attorney has personal knowledge that the defendant does not have a history of violating an order of any court or governmental entity;
- Said attorney has personal knowledge that the defendant is not a potential threat to any other person; and
- Said attorney can give a personal assurance to the court that the defendant will have no contact with the alleged victim until the issue can be addressed in open court.
- He/she has made contact with the prosecutor representing the arresting jurisdiction;
- By application to the judge by an attorney at law (licensed in the State of Ohio), who shall, as an officer of the court, be able to represent all of the following to the Judge:
- Violation of Temporary Protection Order (R.C. § 2919.27 or substantially similar village or municipal ordinance). No one, whom an officer has incarcerated, shall be released by posting bond from the above schedule, if charged with a violation of R.C. § 2919.27 (or substantially similar village or municipal ordinance) if either of the following criteria apply:
- The order or consent agreement alleged to have been violated was issued pursuant to R.C. § 2919.26 or R.C. § 3113.31; and the violation allegedly involves conduct by the defendant that caused physical harm to the person or property of a family or household member covered by the order or consent agreement or conduct by the defendant that caused a family or household member to believe that the defendant would cause physical harm to that member or member's property;
- The order was issued pursuant to R.C. § 2903.213, R.C. § 2903.214, or a court of another state (as defined in R.C. § 2919.27); and the violation allegedly involves conduct by the defendant that caused physical harm to the person or property covered by the order or conduct by the defendant that caused the person covered by the order to believe that the defendant would cause physical harm to that person or that person's property.
R.C. § 2937.23 provides that the court shall determine whether it will order an evaluation of the mental condition of the defendant charged with offenses described in sections (C)(1) and (2) above and shall do so before setting bail. Therefore, bail in these referenced cases shall only be set in open court.
- The order or consent agreement alleged to have been violated was issued pursuant to R.C. § 2919.26 or R.C. § 3113.31; and the violation allegedly involves conduct by the defendant that caused physical harm to the person or property of a family or household member covered by the order or consent agreement or conduct by the defendant that caused a family or household member to believe that the defendant would cause physical harm to that member or member's property;