Title
AN ORDINANCE AMENDING SECTION 432.30, “STOPPING FOR SCHOOL BUS; ACTUATING VISUAL SIGNALS; DISCHARGING CHILDREN” OF THE TRAFFIC CODE; AND DECLARING AN EMERGENCY. (As Amended 9/17/2019)
Brief Description: This legislation, as permitted under Hudson’s Home Rule authority, increases penalties for violation of the statutes prohibiting the passing of school busses with lights flashing and stop sign extended for the boarding and unboarding of students. Pursuant to workshop discussion on September 10, 2019, the Ordinance has been amended to reflect a maximum fine of $1,000.00 for a first offense.
Body
Legislative History
Section 432.30 of Hudson’s Traffic Code is based upon Ohio Revised Code Section 4511.75.
Purpose & Explanation
This legislation, as permitted under Hudson’s Home Rule authority, increases penalties for violation of the statutes prohibiting the passing of school busses with lights flashing and stop sign extended for the boarding and unboarding of students. It does not change the description of the behavior prohibited under Ohio law. A first offense remains an unclassified misdemeanor. The amendment increases the maximum fine a judge may impose for a first offense from $500 to $1,000 and provides the judge discretion to impose a period of incarceration up to 30 days. A second offense of the same or a similar law or ordinance within one year becomes a misdemeanor of the first degree, which carries fine up to $1,000 and up to 6 months incarceration (all at the judge’s discretion), and in such case the amendment mandates a 30-day license suspension.
One citation already has been issued in Hudson this school year for illegally passing a stopped school bus.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other, as permitted by Hudson Home Rule authority.
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
X Yes, this Ordinance includes emergency language to promote the safety of our students.
No
Recommendation
Suggested Action
I respectfully ask that Council suspend the rule requiring three readings of this Ordinance and that Council take action to pass this Ordinance.
Submitted by,
David A. Basil, Mayor