37-17 Amend Traffic Code to Align with ORC

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If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehi- cle. (b) Whoever violates subsection (a) of this section is guilty of fail- ure to stop after an accident, a misdemeanor of the first degree. If the vi- olation results in serious physical harm or death to a person, failure to stop after an accident is a felony and shall be prosecuted under appropri- ate state law. The court, in addition to any other penalties provided by law, shall im- pose upon the offender a class five suspension of the offender's driver's license, commercial driver's license, temporary instruction peml it, pro- bationary license , or nonresident operating privilege from the range specified in division (A)(5) of Ohio of Ohio R.C. 4510.02. No judge shall suspend the first six months of suspension of an offender's license, permit, or privilege required by this subsection. The offender shall provide the court with proof of financial responsi- bility as defined in Ohio R,C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penal- ties provided by law, the court may order restitution pursuant to Ohio R.C. 2929.18 or 2929,28 in an amount not exceeding five thousand dol- lars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the motor vehicle before, during or after committing the offense charged under this section. (ORC 4549.02; Ord. 58 -12. Passed I1 -19- 2012.) shall be and hereby is repealed, and new Section 335,12, Stopping After Accident Upon Streets; Collision With Unattended Vehicle, of the Lakewood Codified Ordinances is en- acted to read as follows: 335.12 STOPPING AFTER ACCIDENT UPON STREETS; COL- LISION WITH UNATTENDED VEHICLE. (a) (1) In the case of a motor vehicle accident or collision with persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, jmmedi- ately shall stop the operator's motor vehicle at the scene of the accident or collision. The operator shall remain at the scene of the accident or collision until the operator has given the operator's name and address and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to all of the following; A. Any person injured in the accident or collision; B. The operator, occupant, owner or attendant of any motor vehi- cle damaged in the accident or collision C. The police officer at the scene of the accident or collision. 0 In the event an injured person is unable to comprehend and rec- ord the information required to be given under subsection (a)th) of this section, the other operator involved in the accident or collision shall no- tify the nearest police authority concerning the location of the accident or collision, and the operator's name, address and the registered number of the motor vehicle the operator was operating. The operator shall re- main at the scene of the accident or collision until a police officer ar-