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(1) Except as provided in subsection (2) below, if the trier of fact finds <br />that the offender did not hold a valid driver's or commercial driver's license issued by <br />this State or any other jurisdiction, the offense is a first degree misdemeanor. <br />(2) A. Subject to subsection (b)(2)B. hereof, if the offender's <br />driver's or commercial driver's license or permit was expired for less than six months at <br />the time of the offense, the offense is a minor misdemeanor. <br />B. If the offender previously was convicted of or pleaded <br />guilty to three or more violations of Ohio R.C. 4510.12 or a substantially equivalent <br />municipal ordinance within the past three years, the offense is a misdemeanor of the <br />first degree. <br />Section 3. It is found and determined that all formal actions of this Council <br />concerning and relating to the passage of this ordinance were adopted in an open <br />meeting of this Council, and that all such deliberation of the Council and of any of its <br />committees that resulted in such formal action were in meetings open to the public in <br />compliance with all legal requirements. <br />Section 4. That this ordinance is hereby declared to be an emergency measure <br />necessary for the immediate preservation of the public peace, property, health, safety <br />and welfare in the City and for the usual daily operation of the City for the reasons set <br />forth and defined in the preamble to this ordinance, and provided it receives the <br />affirmative vote of at least five (5) of its members elected to Council, this ordinance <br />shall take effect and be in force immediately upon its adoption by the Council and <br />approval by the Mayor otherwise, it shall take effect and be in force after the earliest <br />period allowed by law. <br />Adopted: ~,-,fi/, /~P~c~"T, i~ O/D <br />Approved: ~ c~ld <br />~'-- <br />President of Council <br />y~r ~ u <br />Clerk f Council <br />~~ <br />Mayor <br />-3- <br />