As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 148 5
1999-2000 6
REPRESENTATIVES WILLIAMS-TAYLOR-THOMAS-SCHULER- 8
TERWILLEGER-LOGAN-PRINGLE-EVANS-HOOD-ROMAN 9
10
A B I L L
To amend sections 3781.111, 4503.44, 4503.99, 11
4511.69, and 4511.99 of the Revised Code to 13
increase the penalties for a violation of the 14
special parking privileges established for 15
persons with certain disabilities and to make 16
changes in the application process for removable 17
windshield placards.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 3781.111, 4503.44, 4503.99, 21
4511.69, and 4511.99 of the Revised Code be amended to read as 22
follows:
Sec. 3781.111. (A) In addition to the powers conferred by 31
any other section of the Revised Code, the board of building 32
standards shall adopt standards and rules to facilitate the 33
reasonable access and use by all handicapped persons of all 34
buildings and the facilities of buildings for which plans are 35
submitted for approval under section 3791.04 of the Revised Code. 36
No standard or rule shall be applied to any building the plans or 37
drawings, specifications, and date of which have been approved 38
prior to the time that the standard or rule takes effect. 39
(B) Except as otherwise provided in this section, the 41
standards and rules adopted by the board pursuant to this section 42
shall be in accordance with THE "The Americans With WITH 43
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as 45
amended, and THE "The Fair Housing Amendments ACT of 1988," 102 46
2
Stat. 1619, 42 U.S.C.A. 3601, as amended. 47
(C) All signs posted to designate special parking 49
locations for handicapped persons and persons with disabilities 50
that limit or impair the ability to walk in accordance with 51
division (E) of section 4511.69 of the Revised Code and the 52
standards and rules adopted pursuant to this section shall be 53
mounted on a fixed or movable post or otherwise affixed in a 54
vertical position at a height so that the sign is clearly visible 55
to the driver of a vehicle when parked in such a location. THERE 57
ALSO SHALL BE AFFIXED UPON THE SURFACE OF EACH SIGN DESIGNATING A 58
SPECIAL PARKING LOCATION OR AFFIXED NEXT TO THE DESIGNATING SIGN 59
A NOTICE THAT STATES THE FINE APPLICABLE FOR THE OFFENSE OF 60
PARKING A MOTOR VEHICLE IN THE SPECIAL DESIGNATED PARKING 61
LOCATION IF THE MOTOR VEHICLE IS NOT LEGALLY ENTITLED TO BE 62
PARKED IN THAT LOCATION.
(D) As used in this section, "handicapped person" has the 64
same meaning as in section 4112.01 of the Revised Code. As used 65
in division (C) of this section, "persons with disabilities that 66
limit or impair the ability to walk" has the same meaning as in 67
division (A)(1) of section 4503.44 of the Revised Code. 68
(E) No owner of a building or facility where special 70
parking locations for handicapped persons must be designated in 71
accordance with the standards and rules adopted pursuant to this 72
section shall fail to properly mark the special parking locations 73
as required by those standards and rules or fail to maintain the 74
markings of the special parking locations, including the erection 75
and maintenance of the fixed or movable signs. 76
Sec. 4503.44. (A) As used in this section and in section 85
4511.69 of the Revised Code: 86
(1) "Person with a disability that limits or impairs the 88
ability to walk" means any person who, as determined by a 89
physician or chiropractor, meets any of the following criteria: 90
(a) Cannot walk two hundred feet without stopping to rest; 92
(b) Cannot walk without the use of, or assistance from, a 94
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brace, cane, crutch, another person, prosthetic device, 95
wheelchair, or other assistive device; 96
(c) Is restricted by a lung disease to such an extent that 98
the person's forced (respiratory) expiratory volume for one 99
second, when measured by spirometry, is less than one liter, or 100
the arterial oxygen tension is less than sixty millimeters of 101
mercury on room air at rest;
(d) Uses portable oxygen; 103
(e) Has a cardiac condition to the extent that the 105
person's functional limitations are classified in severity as 106
class III or class IV according to standards set by the American 107
heart association;
(f) Is severely limited in the ability to walk due to an 109
arthritic, neurological, or orthopedic condition; 110
(g) Is blind. 112
(2) "Organization" means any private organization or 114
corporation, or any governmental board, agency, department, 115
division, or office, that, as part of its business or program, 116
transports persons with disabilities that limit or impair the 117
ability to walk on a regular basis in a motor vehicle that has 119
not been altered for the purpose of providing it with special 120
equipment for use by handicapped persons. This definition does
not apply to division (J) of this section. 121
(3) "Physician" means a person licensed to practice 123
medicine or surgery or osteopathic medicine and surgery under 124
Chapter 4731. of the Revised Code. 125
(4) "Chiropractor" means a person licensed to practice 127
chiropractic under Chapter 4734. of the Revised Code. 128
(B) Any organization or person with a disability that 130
limits or impairs the ability to walk may apply to the registrar 133
of motor vehicles for a removable windshield placard or, if the 134
person owns or leases a motor vehicle, the person may apply for 135
the registration of any motor vehicle the person owns or leases. 136
In addition to one or more sets of license plates or one placard, 137
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a person with a disability that limits or impairs the ability to 138
walk shall be IS entitled to one additional placard, BUT ONLY IF 139
THE PERSON APPLIES SEPARATELY FOR THE ADDITIONAL PLACARD, STATES 141
THE REASONS WHY THE ADDITIONAL PLACARD IS NEEDED, AND THE 142
REGISTRAR, IN THE REGISTRAR'S DISCRETION, DETERMINES THAT GOOD 143
AND JUSTIFIABLE CAUSE EXISTS TO APPROVE THE REQUEST FOR THE 144
ADDITIONAL PLACARD. When a motor vehicle has been altered for 146
the purpose of providing it with special equipment for a person 147
with a disability that limits or impairs the ability to walk, but 148
is owned or leased by someone other than such a person, the owner 149
or lessee may apply to the registrar or a deputy registrar for 150
registration under this section. The application for 151
REGISTRATION OF a removable windshield placard made MOTOR VEHICLE 152
OWNED OR LEASED by a person with a disability that limits or 153
impairs the ability to walk or for registration of a motor 154
vehicle owned or leased by such a person shall be accompanied by 155
a signed statement from the applicant's personal physician or 156
chiropractor certifying that the applicant meets at least one of 157
the criteria contained in division (A)(1) of this section and 159
that the disability is expected to continue for more than six 160
consecutive months. THE APPLICATION FOR A REMOVABLE WINDSHIELD 161
PLACARD MADE BY A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS 162
THE ABILITY TO WALK SHALL BE ACCOMPANIED BY A PRESCRIPTION FROM 163
THE APPLICANT'S PERSONAL PHYSICIAN OR CHIROPRACTOR PRESCRIBING 164
SUCH A PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT 165
CERTIFYING THAT THE APPLICANT MEETS AT LEAST ONE OF THE CRITERIA 166
CONTAINED IN DIVISION (A)(1) OF THIS SECTION. THE PHYSICIAN OR 167
CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE LENGTH OF TIME 168
THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE 169
DISABILITY THAT LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO 171
WALK. The application for a removable windshield placard made by 172
an organization shall be accompanied by such documentary evidence 173
of regular transport of persons with disabilities that limit or 174
impair the ability to walk by the organization as the registrar 176
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may require by rule and shall be completed in accordance with 177
procedures that the registrar may require by rule. The 178
application for registration of a motor vehicle that has been 179
altered for the purpose of providing it with special equipment 180
for a person with a disability that limits or impairs the ability
to walk but is owned by someone other than such a person shall be 182
accompanied by such documentary evidence of vehicle alterations 183
as the registrar may require by rule. 184
(C) When an organization, a person with a disability that 187
limits or impairs the ability to walk, or a person who does not 188
have a disability that limits or impairs the ability to walk but
owns a motor vehicle that has been altered for the purpose of 190
providing it with special equipment for a person with a 191
disability that limits or impairs the ability to walk first 192
submits an application for registration of a motor vehicle under 193
this section and every fifth year thereafter, the organization or 194
person shall submit a signed statement from the applicant's 195
personal physician or chiropractor or, COMPLETED APPLICATION, AND 196
ANY REQUIRED documentary evidence of vehicle alterations as 197
provided in division (B) of this section, and also a power of 198
attorney from the owner of the motor vehicle if the applicant 199
leases the vehicle. Upon submission of these items, the 201
registrar or deputy registrar shall issue to the applicant
appropriate vehicle registration and a set of license plates and 202
validation stickers, or validation stickers alone when required 203
by section 4503.191 of the Revised Code. In addition to the 204
letters and numbers ordinarily inscribed thereon, the license 205
plates shall be imprinted with the international symbol of 206
access. The license plates and validation stickers shall be 207
issued upon payment of the regular license fee as prescribed 208
under section 4503.04 of the Revised Code and any motor vehicle 209
tax levied under Chapter 4504. of the Revised Code, and the 210
payment of a service fee equal to the amount specified in 211
division (D) or (G) of section 4503.10 of the Revised Code. 212
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(D)(1) Upon receipt of an A COMPLETED AND SIGNED 214
application for a removable windshield placard and presentation 217
of a signed statement from the applicant's personal physician or 218
chiropractor as provided in division (B) of this section, if 219
required, or presentation of, A PRESCRIPTION AS DESCRIBED IN 220
DIVISION (B) OF THIS SECTION, documentary evidence of regular 222
transport of persons with disabilities that limit or impair the 223
ability to walk, if required, and, except as otherwise provided 224
in division (F) of this section, payment of a fee of five 225
dollars, and the payment of a service fee equal to the amount 226
specified in division (D) or (G) of section 4503.10 of the 227
Revised Code, the registrar or deputy registrar shall issue to 229
the applicant a removable windshield placard, which shall bear 230
the date of expiration on both sides of the placard, in numerals 231
at least one inch in height, and printed in white on a 232
blue-colored background, and shall be valid until expired, 233
revoked, or surrendered. Every removable windshield placard 234
shall expire on the last day of the month in the fifth year after 235
the date it is issued EXPIRES AS DESCRIBED IN DIVISION (D)(2) OF 236
THIS SECTION, BUT IN NO CASE SHALL A REMOVABLE WINDSHIELD PLACARD 237
BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS. Removable 238
windshield placards shall be renewable upon application as 239
provided in division (B) of this section, and a service fee equal 240
to the amount specified in division (D) or (G) of section 4503.10 241
of the Revised Code shall be charged for the renewal of a 242
removable windshield placard. An additional renewal fee of five 244
dollars shall be charged if the previous parking card or
removable windshield placard expired more than six months prior 245
to the date of application for renewal. The registrar shall 247
provide the application form and shall determine the information 248
to be included thereon. The registrar also shall determine the 249
form and size of the removable windshield placard, the material 250
of which it is to be made, and any other information to be 251
included thereon, and shall adopt rules relating to the issuance, 252
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expiration, revocation, surrender, and proper display of such 253
placards. THE REVERSE SIDE OF EVERY REMOVABLE WINDSHIELD PLACARD 254
SHALL BEAR A NOTICE STATING THAT THE PLACARD MAY BE DISPLAYED IN 255
A MOTOR VEHICLE THAT IS PARKED IN A SPECIAL PARKING LOCATION 256
RESERVED FOR PERSONS WITH DISABILITIES THAT LIMIT OR IMPAIR THE 257
ABILITY TO WALK ONLY WHEN THE MOTOR VEHICLE IS BEING USED TO 258
TRANSPORT SUCH A PERSON, AND A NOTICE OF THE APPLICABLE PENALTIES 260
FOR IMPROPER USAGE AND DISPLAY OF THE PLACARD. ANY PLACARD 261
ISSUED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE 262
MANUFACTURED IN A MANNER THAT ALLOWS THE EXPIRATION DATE OF THE 263
PLACARD TO BE INDICATED ON IT THROUGH THE PUNCHING, DRILLING, 264
BORING, OR CREATION BY ANY OTHER MEANS OF HOLES IN THE PLACARD. 265
(2) AT THE TIME A REMOVABLE WINDSHIELD PLACARD IS ISSUED 268
TO A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY 269
TO WALK, THE REGISTRAR OR DEPUTY REGISTRAR SHALL ENTER INTO THE 270
RECORDS OF THE BUREAU OF MOTOR VEHICLES THE LAST DATE ON WHICH 271
THE PERSON WILL HAVE THAT DISABILITY, AS INDICATED ON THE 272
ACCOMPANYING PRESCRIPTION. NOT LESS THAN THIRTY DAYS PRIOR TO 273
THAT DATE, THE BUREAU SHALL SEND A RENEWAL NOTICE TO THAT PERSON 274
AT THE PERSON'S LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE 275
BUREAU, INFORMING THE PERSON THAT THE PERSON'S REMOVABLE 276
WINDSHIELD PLACARD WILL EXPIRE ON THE INDICATED DATE, AND THAT IN 277
ORDER FOR THE PLACARD TO CONTINUE TO BE VALID AFTER THAT DATE THE 278
PERSON IS REQUIRED TO RENEW THE PLACARD BY SUBMITTING TO THE 279
REGISTRAR OR A DEPUTY REGISTRAR ANOTHER PRESCRIPTION, AS 280
DESCRIBED IN DIVISION (B) OF THIS SECTION, AND BY COMPLYING WITH 282
THE RENEWAL PROVISIONS PRESCRIBED IN DIVISION (D)(1) OF THIS 283
SECTION. IF SUCH A PRESCRIPTION IS NOT RECEIVED BY THE REGISTRAR 284
OR A DEPUTY REGISTRAR BY THAT DATE, THE PLACARD ISSUED TO THAT 285
PERSON EXPIRES AND NO LONGER IS VALID, AND THIS FACT SHALL BE 286
RECORDED IN THE RECORDS OF THE BUREAU. 287
(3) AT LEAST ONCE EVERY YEAR, ON A DATE DETERMINED BY THE 290
REGISTRAR, THE BUREAU SHALL EXAMINE THE RECORDS OF THE OFFICE OF 291
VITAL STATISTICS, LOCATED WITHIN THE DEPARTMENT OF HEALTH, THAT 292
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PERTAIN TO DECEASED PERSONS, AND ALSO THE BUREAU'S RECORDS OF ALL 293
PERSONS WHO HAVE BEEN ISSUED REMOVABLE WINDSHIELD PLACARDS AND 294
TEMPORARY REMOVABLE WINDSHIELD PLACARDS. IF THE RECORDS OF THE 295
OFFICE OF VITAL STATISTICS INDICATE THAT A PERSON TO WHOM A 296
REMOVABLE WINDSHIELD PLACARD OR TEMPORARY REMOVABLE WINDSHIELD 297
PLACARD HAS BEEN ISSUED IS DECEASED, THE BUREAU SHALL CANCEL THAT 298
PLACARD, AND NOTE THE CANCELLATION IN ITS RECORDS. 299
THE OFFICE OF VITAL STATISTICS SHALL MAKE AVAILABLE TO THE 302
BUREAU ALL INFORMATION NECESSARY TO ENABLE THE BUREAU TO COMPLY 303
WITH DIVISION (D)(3) OF THIS SECTION.
(4) Nothing in this section shall be construed to require 305
a person or organization to apply for a removable windshield 306
placard or special license plates if the parking card or special 307
license plates issued to the person or organization under prior 308
law have not expired or been surrendered or revoked.
(E) Any person with a disability that limits or impairs 310
the ability to walk may apply to the registrar or a deputy 312
registrar for a temporary removable windshield placard. The 313
application for a temporary removable windshield placard shall be 314
accompanied by a signed statement PRESCRIPTION from the 315
applicant's personal physician or chiropractor PRESCRIBING SUCH A 316
PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT certifying 317
that the applicant meets at least one of the criteria contained 318
in division (A)(1) of this section and that the disability is 319
expected to continue for six consecutive months or less. THE 321
PHYSICIAN OR CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE
LENGTH OF TIME THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE 322
APPLICANT TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE 323
APPLICANT'S ABILITY TO WALK, WHICH CANNOT EXCEED SIX MONTHS FROM 324
THE DATE OF THE PRESCRIPTION. Upon receipt of an application for 326
a temporary removable windshield placard, presentation of the 327
PRESCRIPTION AND THE signed statement from the applicant's 328
personal physician or chiropractor, payment of a fee of five 329
dollars, and payment of a service fee equal to the amount 330
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specified in division (D) or (G) of section 4503.10 of the 331
Revised Code, the registrar or deputy registrar shall issue to 332
the applicant a temporary removable windshield placard. The 333
temporary removable windshield placard shall be of the same size 334
and form as the removable windshield placard, shall be printed in 335
white on a red-colored background, AND shall bear the word 336
"temporary" in letters of such size as the registrar shall 337
prescribe,. A TEMPORARY REMOVABLE WINDSHIELD PLACARD also shall 338
bear the date of expiration on the front and back of the placard, 339
in numerals at least one inch in height, and shall be valid until 340
expired, surrendered, or revoked, BUT IN NO CASE SHALL SUCH A 341
PLACARD BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS. The 342
registrar shall provide the application form and shall determine 344
the information to be included on it. The registrar also shall 345
determine the material of which the temporary removable 346
windshield placard is to be made and any other information to be 347
included on the placard and shall adopt rules relating to the 348
issuance, expiration, surrender, revocation, and proper display 349
of those placards. THE REVERSE SIDE OF EVERY TEMPORARY REMOVABLE 350
WINDSHIELD PLACARD SHALL BEAR A NOTICE STATING THAT THE PLACARD 351
MAY BE DISPLAYED IN A MOTOR VEHICLE THAT IS PARKED IN A SPECIAL 352
PARKING LOCATION RESERVED FOR PERSONS WITH DISABILITIES THAT 353
LIMIT OR IMPAIR THE ABILITY TO WALK ONLY WHEN THE MOTOR VEHICLE 354
IS BEING USED TO TRANSPORT SUCH A PERSON, AND A NOTICE OF THE 355
APPLICABLE PENALTIES FOR IMPROPER USAGE AND DISPLAY OF THE 356
PLACARD. ANY TEMPORARY REMOVABLE WINDSHIELD PLACARD ISSUED AFTER 357
THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE MANUFACTURED IN A 358
MANNER THAT ALLOWS FOR THE EXPIRATION DATE OF THE PLACARD TO BE 360
INDICATED ON IT THROUGH THE PUNCHING, DRILLING, BORING, OR 361
CREATION BY ANY OTHER MEANS OF HOLES IN THE PLACARD. 362
TEMPORARY REMOVABLE WINDSHIELD PLACARDS ARE SUBJECT TO THE 365
RENEWAL PROVISIONS CONTAINED IN DIVISION (D)(2) OF THIS SECTION, 366
EXCEPT THAT THE TOTAL LENGTH OF TIME SUCH A PLACARD MAY BE VALID, 367
INCLUDING RENEWALS, CANNOT EXCEED SIX MONTHS FROM THE DATE OF THE 369
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ORIGINAL PRESCRIPTION THAT PRESCRIBED THE PLACARD.
(F) If an applicant for a removable windshield placard or 371
a temporary removable windshield placard is a veteran of the 372
armed forces of the United States whose disability, as defined in 373
division (A)(1) of this section, is service-connected, the 374
registrar or deputy registrar, upon receipt of the application, 375
presentation of a signed statement PRESCRIPTION AS DESCRIBED IN 376
DIVISION (B) OF THIS SECTION from the applicant's personal 377
physician or chiropractor certifying the period for which 378
PRESCRIBING SUCH A PLACARD FOR the applicant's disability is 380
expected to continue APPLICANT, and presentation of such 381
documentary evidence that the disability is service-connected as
the registrar may require by rule, but without the payment of any 382
fee for issuance or of any service fee, shall issue the applicant 383
a removable windshield placard or temporary removable windshield 384
placard, as the case may be, that shall be valid until expired, 385
surrendered, or revoked.
Upon a conviction of a violation of division (H), (I), or 387
(J) of this section, the court shall report the conviction, and 388
send the placard or parking card, if available, to the registrar, 390
who shall thereupon SHALL revoke the privilege of using the 391
placard or parking card and send notice in writing to the
placardholder or cardholder at that holder's last known address 393
as shown in the records of the bureau of motor vehicles, and the 394
placardholder or cardholder shall return the placard or card if 395
not previously surrendered to the court, to the registrar within 396
ten days following mailing of the notice.
Whenever a person to whom a removable windshield placard or 398
parking card has been issued moves to another state, the person 399
shall surrender the placard or card to the registrar; and 400
whenever an organization to which a placard or card has been 401
issued changes its place of operation to another state, the 402
organization shall surrender the placard or card to the 403
registrar.
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(G) Subject to the provisions of division (F) of section 405
4511.69 of the Revised Code, the operator of a motor vehicle 406
displaying a removable windshield placard, temporary removable 407
windshield placard, parking card, or the special license plates 408
authorized by this section shall be IS entitled to park the motor 410
vehicle in any special parking location reserved for persons with 411
disabilities that limit or impair the ability to walk, also known 412
as handicapped parking spaces or disability parking spaces. 413
(H) No person or organization that is not eligible under 415
division (B) or (E) of this section shall willfully and falsely 416
represent that the person or organization is so eligible. 418
No person or organization shall display license plates 420
issued under this section unless the license plates have been 421
issued for the vehicle on which they are displayed and are valid. 422
(I) No person or organization to which a removable 424
windshield placard or temporary removable windshield placard is 425
issued shall do either of the following: 426
(1) Display or permit the display of the placard on any 429
motor vehicle when having reasonable cause to believe the motor 430
vehicle is being used in connection with an activity that does 431
not include providing transportation for persons with
disabilities that limit or impair the ability to walk; 432
(2) Refuse to return or surrender the placard, when 434
required.
(J)(1) No person or organization to which a parking card 436
is issued shall do either of the following: 437
(a) Display or permit the display of the parking card on 439
any motor vehicle when having reasonable cause to believe the 440
motor vehicle is being used in connection with an activity that 441
does not include providing transportation for a handicapped 442
person;
(b) Refuse to return or surrender the parking card, when 444
required.
(2) As used in division (J) of this section: 446
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(a) "Handicapped person" means any person who has lost the 448
use of one or both legs or one or both arms, who is blind, deaf, 449
or so severely handicapped as to be unable to move about without 450
the aid of crutches or a wheelchair, or whose mobility is 451
restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition. 452
(b) "Organization" means any private organization or 454
corporation, or any governmental board, agency, department, 455
division, or office, that, as part of its business or program, 456
transports handicapped persons on a regular basis in a motor 457
vehicle that has not been altered for the purposes of providing
it with special equipment for use by handicapped persons. 458
(K) If a removable windshield placard, temporary removable 460
windshield placard, or parking card is lost, destroyed, or 461
mutilated, the placardholder or cardholder may obtain a duplicate 463
by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or 465
mutilation to the registrar; 466
(2) Paying a fee of five dollars for issuance, plus a 468
service fee equal to the amount specified in division (D) or (G) 470
of section 4503.10 of the Revised Code. 471
Any placardholder or cardholder losing WHO LOSES a placard 473
or card and, after obtaining a duplicate, finding FINDS the 475
original, immediately shall surrender the original placard or 477
card to the registrar.
(L) The registrar shall pay all fees received under this 479
section for the issuance of removable windshield placards or 480
temporary removable windshield placards or duplicate removable 481
windshield placards or cards into the state treasury to the 482
credit of the state bureau of motor vehicles fund created in 483
section 4501.25 of the Revised Code.
(M) For purposes of enforcing this section, every peace 485
officer is deemed to be an agent of the registrar. Any peace 486
officer or any authorized employee of the bureau of motor 487
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vehicles who, in the performance of duties authorized by law, 488
becomes aware of a person whose placard or parking card has been 489
revoked pursuant to this section, may confiscate that placard or
parking card and return it to the registrar. The registrar shall 490
prescribe any forms used by law enforcement agencies in 491
administering this section.
No peace officer, law enforcement agency employing a peace 493
officer, or political subdivision or governmental agency 494
employing a peace officer, and no employee of the bureau shall be 495
IS liable in a civil action for damages or loss to persons 497
arising out of the performance of any duty required or authorized
by this section. As used in this division, "peace officer" has 498
the same meaning as in division (B) of section 2935.01 of the 499
Revised Code.
(N) NO PHYSICIAN OR CHIROPRACTOR SHALL DO EITHER OF THE 501
FOLLOWING: 502
(1) FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO 504
ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD, 505
TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER 506
THIS SECTION, KNOWING THAT THE PERSON DOES NOT MEET ANY OF THE 507
CRITERIA CONTAINED IN DIVISION (A)(1) OF THIS SECTION; 509
(2) FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN 511
DIVISION (N)(1) OF THIS SECTION, AND KNOWINGLY MISSTATE ON THE 513
PRESCRIPTION THE LENGTH OF TIME THE PHYSICIAN OR CHIROPRACTOR 514
EXPECTS THE PERSON TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS 515
THE PERSON'S ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO 516
RETAIN A PLACARD ISSUED UNDER THIS SECTION FOR A PERIOD OF TIME 517
LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A REASONABLE 518
PHYSICIAN OR CHIROPRACTOR OF AVERAGE MEDICAL OR CHIROPRACTIC 520
EDUCATION, KNOWLEDGE, AND EXPERIENCE, APPLYING GENERALLY ACCEPTED 521
MEDICAL OR CHIROPRACTIC DIAGNOSIS AND PROGNOSIS STANDARDS TO THE
MEDICAL OR CHIROPRACTIC HISTORY AND CONDITION OF THE PERSON. 522
Sec. 4503.99. (A) Whoever violates section 4503.05, 531
4503.11, or 4503.12, division (A) of section 4503.182, section 532
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4503.28, 4503.44, 4503.46, or 4503.47, or division (C), (D), or 533
(E) of section 4503.066 of the Revised Code is guilty of a 534
misdemeanor of the fourth degree.
(B) Whoever violates division (H)(4) of section 4503.061, 536
or section 4503.19, 4503.21, or 4503.34 of the Revised Code is 538
guilty of a minor misdemeanor.
(C) Whoever violates division (B) of section 4503.182 OR 540
DIVISION (N)(1) OR (2) OF SECTION 4503.44 of the Revised Code is 541
guilty of a misdemeanor of the first degree. 542
(D) Whoever violates division (A) of section 4503.236 of 544
the Revised Code is guilty of a misdemeanor of the second degree. 545
(E) Whoever violates section 4503.30, division (B) of 547
section 4503.301, or section 4503.32 of the Revised Code is 548
guilty of a misdemeanor of the third degree. 549
(F)(1) Whoever violates division (B) of section 4503.033 551
of the Revised Code shall be fined one thousand dollars. 553
(2) Whoever violates division (C) of section 4503.033 of 555
the Revised Code shall be fined ten thousand dollars. 556
Sec. 4511.69. (A) Every vehicle stopped or parked upon a 566
roadway where there is an adjacent curb shall be stopped or 567
parked with the right-hand wheels of the vehicle parallel with 568
and not more than twelve inches from the right-hand curb, unless 569
it is impossible to approach so close to the curb; in such case 570
the stop shall be made as close to the curb as possible and only 571
for the time necessary to discharge and receive passengers or to 572
load or unload merchandise. Local authorities may by ordinance 573
MAY permit angle parking on any roadway under their jurisdiction, 574
except that angle parking shall not be permitted on a state route 575
within a municipal corporation unless an unoccupied roadway width 576
of not less than twenty-five feet is available for free-moving 577
traffic. 578
(B) Local authorities may by ordinance MAY permit parking 580
of vehicles with the left-hand wheels adjacent to and within 581
twelve inches of the left-hand curb of a one-way roadway. 582
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(C) No vehicle or trackless trolley shall be stopped or 584
parked on a road or highway with the vehicle or trackless trolley 585
facing in a direction other than the direction of travel on that 586
side of the road or highway. 587
(D) Notwithstanding any statute or any rule, resolution, 589
or ordinance adopted by any local authority, air compressors, 590
tractors, trucks, and other equipment, while being used in the 591
construction, reconstruction, installation, repair, or removal of 592
facilities near, on, over, or under a street or highway, may 593
stop, stand, or park where necessary in order to perform such 594
work, provided a flagman FLAGGER is on duty or warning signs or 595
lights are displayed as may be prescribed by the director of 596
transportation.
(E) Special parking locations and privileges for persons 598
with disabilities that limit or impair the ability to walk, also 599
known as handicapped parking spaces or disability parking spaces, 600
shall be provided and designated by all political subdivisions 601
and by the state and all agencies and instrumentalities thereof 602
at all offices and facilities, where parking is provided, whether 603
owned, rented, or leased, and at all publicly owned parking 604
garages. The locations shall be designated through the posting 605
of an elevated sign, whether permanently affixed or movable, 606
imprinted with the international symbol of access and shall be 607
reasonably close to exits, entrances, elevators, and ramps. All 608
elevated signs posted in accordance with this division and 609
division (B)(C) of section 3781.111 of the Revised Code shall be 611
mounted on a fixed or movable post, and the distance from the 612
ground to the top edge of the sign shall measure five feet. 613
THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF EACH SIGN 614
DESIGNATING A SPECIAL PARKING LOCATION OR AFFIXED NEXT TO THE 615
DESIGNATING SIGN A NOTICE THAT STATES THE FINE APPLICABLE FOR THE 617
OFFENSE OF PARKING A MOTOR VEHICLE IN THE SPECIAL DESIGNATED 618
PARKING LOCATION IF THE MOTOR VEHICLE IS NOT LEGALLY ENTITLED TO 619
BE PARKED IN THAT LOCATION.
16
(F) No person shall stop, stand, or park any motor vehicle 621
at special parking locations provided under division (E) of this 622
section or at special clearly marked parking locations provided 623
in or on privately owned parking lots, parking garages, or other 624
parking areas and designated in accordance with that division, 625
unless one of the following applies: 626
(1) The motor vehicle is being operated by or for the 628
transport of a person with a disability that limits or impairs 629
the ability to walk and is displaying a valid removable 630
windshield placard or special license plates; 631
(2) The motor vehicle is being operated by or for the 633
transport of a handicapped person and is displaying a parking 634
card or special handicapped license plates. 635
ANY MOTOR VEHICLE THAT IS PARKED IN A SPECIAL MARKED 637
PARKING LOCATION IN VIOLATION OF DIVISION (F) OF THIS SECTION MAY 638
BE TOWED OR OTHERWISE REMOVED FROM THE PARKING LOCATION BY THE 639
LAW ENFORCEMENT AGENCY OF THE POLITICAL SUBDIVISION IN WHICH THE 640
PARKING LOCATION IS LOCATED. A MOTOR VEHICLE THAT IS SO TOWED OR 641
REMOVED SHALL NOT BE RELEASED TO ITS OWNER UNTIL THE OWNER 642
PRESENTS PROOF OF OWNERSHIP OF THE MOTOR VEHICLE AND PAYS ALL
TOWING AND STORAGE FEES NORMALLY IMPOSED BY THAT POLITICAL 643
SUBDIVISION FOR TOWING AND STORING MOTOR VEHICLES. IF THE MOTOR 644
VEHICLE IS A LEASED VEHICLE, IT SHALL NOT BE RELEASED TO THE 645
LESSEE UNTIL THE LESSEE PRESENTS PROOF THAT THAT PERSON IS THE 646
LESSEE OF THE MOTOR VEHICLE AND PAYS ALL TOWING AND STORAGE FEES
NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR TOWING AND 647
STORING MOTOR VEHICLES. 648
(G) When a motor vehicle is being operated by or for the 650
transport of a person with a disability that limits or impairs 651
the ability to walk and is displaying a removable windshield 652
placard or a temporary removable windshield placard or special 653
license plates, or when a motor vehicle is being operated by or 654
for the transport of a handicapped person and is displaying a 655
parking card or special handicapped license plates, the motor 656
17
vehicle shall be IS permitted to park for a period of two hours 657
in excess of the legal parking period permitted by local 659
authorities, except where local ordinances or police rules 660
provide otherwise or where the vehicle is parked in such a manner 661
as to be clearly a traffic hazard. 662
(H) No owner of an office, facility, or parking garage 664
where special parking locations must ARE REQUIRED TO be 665
designated in accordance with division (E) of this section shall 667
fail to properly mark the special parking locations as required 668
by IN ACCORDANCE WITH that division or fail to maintain the 670
markings of the special locations, including the erection and 671
maintenance of the fixed or movable signs.
(I) Nothing in this section shall be construed to require 674
a person or organization to apply for a removable windshield
placard or special license plates if the parking card or special 675
license plates issued to the person or organization under prior 676
law have not expired or been surrendered or revoked. 677
(J) As used in this section: 679
(1) "Handicapped person" means any person who has lost the 681
use of one or both legs or one or both arms, who is blind, deaf, 682
or so severely handicapped as to be unable to move without the 683
aid of crutches or a wheelchair, or whose mobility is restricted 684
by a permanent cardiovascular, pulmonary, or other handicapping 685
condition. 686
(2) "Person with a disability that limits or impairs the 688
ability to walk" has the same meaning as in section 4503.44 of 689
the Revised Code. 690
(3) "Special license plates" and "removable windshield 692
placard" mean any license plates or removable windshield placard 693
or temporary removable windshield placard issued under section 694
4503.41 or 4503.44 of the Revised Code, and also mean any 695
substantially similar license plates or removable windshield 696
placard or temporary removable windshield placard issued by a 697
state, district, country, or sovereignty. 698
18
Sec. 4511.99. (A) Whoever violates division (A) of 707
section 4511.19 of the Revised Code, in addition to the license 708
suspension or revocation provided in section 4507.16 of the 709
Revised Code and any disqualification imposed under section 710
4506.16 of the Revised Code, shall be punished as provided in 711
division (A)(1), (2), (3), or (4) of this section. 712
(1) Except as otherwise provided in division (A)(2), (3), 714
or (4) of this section, the offender is guilty of a misdemeanor 715
of the first degree and the court shall sentence the offender to 716
a term of imprisonment of three consecutive days and may sentence 717
the offender pursuant to section 2929.21 of the Revised Code to a 718
longer term of imprisonment. In addition, the court shall impose 719
upon the offender a fine of not less than two hundred and not 720
more than one thousand dollars. 721
The court may suspend the execution of the mandatory three 723
consecutive days of imprisonment that it is required to impose by 724
this division, if the court, in lieu of the suspended term of 725
imprisonment, places the offender on probation and requires the 726
offender to attend, for three consecutive days, a drivers' 727
intervention program that is certified pursuant to section 728
3793.10 of the Revised Code. The court also may suspend the 729
execution of any part of the mandatory three consecutive days of 730
imprisonment that it is required to impose by this division, if 731
the court places the offender on probation for part of the three 732
consecutive days; requires the offender to attend, for that part 733
of the three consecutive days, a drivers' intervention program 734
that is certified pursuant to section 3793.10 of the Revised 735
Code; and sentences the offender to a term of imprisonment equal 736
to the remainder of the three consecutive days that the offender 737
does not spend attending the drivers' intervention program. The 738
court may require the offender, as a condition of probation, to 739
attend and satisfactorily complete any treatment or education 740
programs that comply with the minimum standards adopted pursuant 741
to Chapter 3793. of the Revised Code by the director of alcohol 742
19
and drug addiction services, in addition to the required 743
attendance at a drivers' intervention program, that the operators 744
of the drivers' intervention program determine that the offender 745
should attend and to report periodically to the court on the 746
offender's progress in the programs. The court also may impose 747
any other conditions of probation on the offender that it 748
considers necessary. 749
Of the fine imposed pursuant to this division, twenty-five 751
dollars shall be paid to an enforcement and education fund 752
established by the legislative authority of the law enforcement 753
agency in this state that primarily was responsible for the 754
arrest of the offender, as determined by the court that imposes 755
the fine. This share shall be used by the agency to pay only 756
those costs it incurs in enforcing section 4511.19 of the Revised 757
Code or a substantially similar municipal ordinance and in 758
informing the public of the laws governing the operation of a 759
motor vehicle while under the influence of alcohol, the dangers 760
of operating a motor vehicle while under the influence of 761
alcohol, and other information relating to the operation of a 762
motor vehicle and the consumption of alcoholic beverages. 763
Twenty-five dollars of the fine imposed pursuant to this division 764
shall be deposited into the county indigent drivers alcohol 765
treatment fund or municipal indigent drivers alcohol treatment 766
fund under the control of that court, as created by the county or 767
municipal corporation pursuant to division (N) of section 768
4511.191 of the Revised Code. The balance of the fine shall be 769
disbursed as otherwise provided by law. 770
(2)(a) Except as otherwise provided in division (A)(4) of 773
this section, if, within six years of the offense, the offender 774
has been convicted of or pleaded guilty to one violation of 775
division (A) or (B) of section 4511.19 of the Revised Code, a 776
municipal ordinance relating to operating a vehicle while under 777
the influence of alcohol, a drug of abuse, or alcohol and a drug 778
of abuse, a municipal ordinance relating to operating a vehicle 779
20
with a prohibited concentration of alcohol in the blood, breath, 780
or urine, section 2903.04 of the Revised Code in a case in which 781
the offender was subject to the sanctions described in division 782
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 784
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 785
the jury or judge found that the offender was under the influence 786
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 787
statute of the United States or of any other state or a municipal 789
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 790
4511.19 of the Revised Code, the offender is guilty of a 791
misdemeanor of the first degree and, except as provided in this 792
division, the court shall sentence the offender to a term of 793
imprisonment of ten consecutive days and may sentence the 794
offender pursuant to section 2929.21 of the Revised Code to a 795
longer term of imprisonment. As an alternative to the term of 796
imprisonment required to be imposed by this division, but subject 797
to division (A)(8) of this section, the court may impose upon the 798
offender a sentence consisting of both a term of imprisonment of 799
five consecutive days and not less than eighteen consecutive days 800
of electronically monitored house arrest as defined in division 801
(A) of section 2929.23 of the Revised Code. The five consecutive 802
days of imprisonment and the period of electronically monitored 803
house arrest shall not exceed six months. The five consecutive 804
days of imprisonment do not have to be served prior to or 805
consecutively with the period of electronically monitored house 806
arrest.
In addition, the court shall impose upon the offender a 808
fine of not less than three hundred and not more than one 809
thousand five hundred dollars. 810
In addition to any other sentence that it imposes upon the 812
offender, the court may require the offender to attend a drivers' 813
intervention program that is certified pursuant to section 814
21
3793.10 of the Revised Code. If the officials of the drivers' 815
intervention program determine that the offender is alcohol 816
dependent, they shall notify the court, and the court shall order 817
the offender to obtain treatment through an alcohol and drug 818
addiction program authorized by section 3793.02 of the Revised 819
Code. The cost of the treatment shall be paid by the offender. 820
Of the fine imposed pursuant to this division, thirty-five 822
dollars shall be paid to an enforcement and education fund 823
established by the legislative authority of the law enforcement 824
agency in this state that primarily was responsible for the 825
arrest of the offender, as determined by the court that imposes 826
the fine. This share shall be used by the agency to pay only 827
those costs it incurs in enforcing division (A) of section 828
4511.19 of the Revised Code or a substantially similar municipal 829
ordinance and in informing the public of the laws governing the 830
operation of a motor vehicle while under the influence of 831
alcohol, the dangers of operating a motor vehicle while under the 832
influence of alcohol, and other information relating to the 833
operation of a motor vehicle and the consumption of alcoholic 834
beverages. Sixty-five dollars of the fine imposed pursuant to 835
this division shall be paid to the political subdivision 836
responsible for housing the offender during the offender's term 838
of incarceration. This share shall be used by the political 839
subdivision to pay or reimburse incarceration costs it incurs in 840
housing persons who violate section 4511.19 of the Revised Code 841
or a substantially similar municipal ordinance and to pay for 842
ignition interlock devices and electronic house arrest equipment 843
for persons who violate that section, and shall be paid to the 844
credit of the fund that pays the cost of the incarceration. 845
Fifty dollars of the fine imposed pursuant to this division shall 846
be deposited into the county indigent drivers alcohol treatment 847
fund or municipal indigent drivers alcohol treatment fund under 848
the control of that court, as created by the county or municipal 849
corporation pursuant to division (N) of section 4511.191 of the 850
22
Revised Code. The balance of the fine shall be disbursed as 851
otherwise provided by law. 852
(b) Regardless of whether the vehicle the offender was 854
operating at the time of the offense is registered in the 855
offender's name or in the name of another person, the court, in 857
addition to the penalties imposed under division (A)(2)(a) of 858
this section and all other penalties provided by law and subject 859
to section 4503.235 of the Revised Code, shall order the 860
immobilization for ninety days of the vehicle the offender was 861
operating at the time of the offense and the impoundment for 862
ninety days of the identification license plates of that vehicle. 863
The order for the immobilization and impoundment shall be issued 864
and enforced in accordance with section 4503.233 of the Revised 865
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 868
this section, if, within six years of the offense, the offender 869
has been convicted of or pleaded guilty to two violations of 870
division (A) or (B) of section 4511.19 of the Revised Code, a 871
municipal ordinance relating to operating a vehicle while under 872
the influence of alcohol, a drug of abuse, or alcohol and a drug 873
of abuse, a municipal ordinance relating to operating a vehicle 874
with a prohibited concentration of alcohol in the blood, breath, 875
or urine, section 2903.04 of the Revised Code in a case in which 876
the offender was subject to the sanctions described in division 877
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 879
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 880
the jury or judge found that the offender was under the influence 881
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 883
statute of the United States or of any other state or a municipal 884
ordinance of a municipal corporation located in any other state 885
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 886
the court shall sentence the offender to a term of imprisonment 887
23
of thirty consecutive days and may sentence the offender to a 888
longer definite term of imprisonment of not more than one year. 889
As an alternative to the term of imprisonment required to be 890
imposed by this division, but subject to division (A)(8) of this 891
section, the court may impose upon the offender a sentence 892
consisting of both a term of imprisonment of fifteen consecutive 893
days and not less than fifty-five consecutive days of 894
electronically monitored house arrest as defined in division (A) 895
of section 2929.23 of the Revised Code. The fifteen consecutive 896
days of imprisonment and the period of electronically monitored 897
house arrest shall not exceed one year. The fifteen consecutive 898
days of imprisonment do not have to be served prior to or 899
consecutively with the period of electronically monitored house 900
arrest.
In addition, the court shall impose upon the offender a 902
fine of not less than five hundred and not more than two thousand 903
five hundred dollars. 904
In addition to any other sentence that it imposes upon the 906
offender, the court shall require the offender to attend an 907
alcohol and drug addiction program authorized by section 3793.02 908
of the Revised Code. The cost of the treatment shall be paid by 909
the offender. If the court determines that the offender is 910
unable to pay the cost of attendance at the treatment program, 912
the court may order that payment of the cost of the offender's 913
attendance at the treatment program be made from that court's 914
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 916
twenty-three dollars shall be paid to an enforcement and 917
education fund established by the legislative authority of the 918
law enforcement agency in this state that primarily was 919
responsible for the arrest of the offender, as determined by the 920
court that imposes the fine. This share shall be used by the 921
agency to pay only those costs it incurs in enforcing section 922
4511.19 of the Revised Code or a substantially similar municipal 923
24
ordinance and in informing the public of the laws governing the 924
operation of a motor vehicle while under the influence of 925
alcohol, the dangers of operating a motor vehicle while under the 926
influence of alcohol, and other information relating to the 927
operation of a motor vehicle and the consumption of alcoholic 928
beverages. Two hundred twenty-seven dollars of the fine imposed 929
pursuant to this division shall be paid to the political 930
subdivision responsible for housing the offender during the 931
offender's term of incarceration. This share shall be used by 933
the political subdivision to pay or reimburse incarceration costs 934
it incurs in housing persons who violate division (A) of section 935
4511.19 of the Revised Code or a substantially similar municipal 936
ordinance and to pay for ignition interlock devices and 937
electronic house arrest equipment for persons who violate that 938
section and shall be paid to the credit of the fund that pays the 939
cost of incarceration. The balance of the fine shall be 940
disbursed as otherwise provided by law. 941
(b) Regardless of whether the vehicle the offender was 943
operating at the time of the offense is registered in the 944
offender's name or in the name of another person, the court, in 946
addition to the penalties imposed under division (A)(3)(a) of 947
this section and all other penalties provided by law and subject 948
to section 4503.235 of the Revised Code, shall order the 949
immobilization for one hundred eighty days of the vehicle the 950
offender was operating at the time of the offense and the 951
impoundment for one hundred eighty days of the identification 952
license plates of that vehicle. The order for the immobilization 953
and impoundment shall be issued and enforced in accordance with 954
section 4503.233 of the Revised Code. 955
(4)(a) If, within six years of the offense, the offender 957
has been convicted of or pleaded guilty to three or more 958
violations of division (A) or (B) of section 4511.19 of the 959
Revised Code, a municipal ordinance relating to operating a 960
vehicle while under the influence of alcohol, a drug of abuse, or 961
25
alcohol and a drug of abuse, a municipal ordinance relating to 962
operating a vehicle with a prohibited concentration of alcohol in 963
the blood, breath, or urine, section 2903.04 of the Revised Code 964
in a case in which the offender was subject to the sanctions 965
described in division (D) of that section, section 2903.06, 966
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 967
that is substantially similar to section 2903.07 of the Revised 968
Code in a case in which the jury or judge found that the offender 969
was under the influence of alcohol, a drug of abuse, or alcohol 970
and a drug of abuse, or a statute of the United States or of any 972
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 973
division (A) or (B) of section 4511.19 of the Revised Code, or if 974
the offender previously has been convicted of or pleaded guilty 975
to a violation of division (A) of section 4511.19 of the Revised 976
Code under circumstances in which the violation was a felony and 977
regardless of when the violation and the conviction or guilty 978
plea occurred, the offender is guilty of a felony of the fourth 979
degree. The court shall sentence the offender in accordance with 980
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 981
of sixty consecutive days of imprisonment in accordance with 982
division (G)(1) of section 2929.13 of the Revised Code or a 983
mandatory prison term of sixty consecutive days of imprisonment 984
in accordance with division (G)(2) of that section, whichever is 985
applicable. If the offender is required to serve a mandatory 986
term of local incarceration of sixty consecutive days of 987
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 988
2929.17 of the Revised Code, may impose upon the offender a 990
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 991
arrest shall not commence until after the offender has served the 992
mandatory term of local incarceration. 993
26
In addition to all other sanctions imposed, the court shall 995
impose upon the offender, pursuant to section 2929.18 of the 996
Revised Code, a fine of not less than seven hundred fifty nor 997
more than ten thousand dollars. 998
In addition to any other sanction that it imposes upon the 1,001
offender, the court shall require the offender to attend an 1,003
alcohol and drug addiction program authorized by section 3793.02 1,004
of the Revised Code. The cost of the treatment shall be paid by 1,005
the offender. If the court determines that the offender is 1,006
unable to pay the cost of attendance at the treatment program, 1,007
the court may order that payment of the cost of the offender's 1,008
attendance at the treatment program be made from the court's 1,009
indigent drivers alcohol treatment fund. 1,010
Of the fine imposed pursuant to this division, two hundred 1,012
ten dollars shall be paid to an enforcement and education fund 1,013
established by the legislative authority of the law enforcement 1,014
agency in this state that primarily was responsible for the 1,015
arrest of the offender, as determined by the court that imposes 1,016
the fine. This share shall be used by the agency to pay only 1,017
those costs it incurs in enforcing section 4511.19 of the Revised 1,018
Code or a substantially similar municipal ordinance and in 1,019
informing the public of the laws governing operation of a motor 1,020
vehicle while under the influence of alcohol, the dangers of 1,021
operation of a motor vehicle while under the influence of 1,022
alcohol, and other information relating to the operation of a 1,023
motor vehicle and the consumption of alcoholic beverages. Three 1,024
hundred ninety dollars of the fine imposed pursuant to this 1,025
division shall be paid to the political subdivision responsible 1,026
for housing the offender during the offender's term of 1,027
incarceration. This share shall be used by the political 1,029
subdivision to pay or reimburse incarceration costs it incurs in 1,030
housing persons who violate division (A) of section 4511.19 of 1,031
the Revised Code or a substantially similar municipal ordinance 1,032
and to pay for ignition interlock devices and electronic house 1,033
27
arrest equipment for persons who violate that section, and shall 1,034
be paid to the credit of the fund that pays the cost of 1,035
incarceration. The balance of the fine shall be disbursed as 1,036
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 1,038
operating at the time of the offense is registered in the 1,039
offender's name or in the name of another person, the court, in 1,041
addition to the sanctions imposed under division (A)(4)(a) of 1,042
this section and all other sanctions provided by law and subject 1,044
to section 4503.235 of the Revised Code, shall order the criminal 1,046
forfeiture to the state of the vehicle the offender was operating 1,047
at the time of the offense. The order of criminal forfeiture 1,048
shall be issued and enforced in accordance with section 4503.234 1,049
of the Revised Code. 1,050
(c) As used in division (A)(4)(a) of this section, 1,053
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 1,055
the Revised Code.
If title to a motor vehicle that is subject to an order for 1,057
criminal forfeiture under this section is assigned or transferred 1,058
and division (C)(2) or (3) of section 4503.234 of the Revised 1,059
Code applies, in addition to or independent of any other penalty 1,060
established by law, the court may fine the offender the value of 1,061
the vehicle as determined by publications of the national auto 1,062
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 1,063
(D)(4) of section 4503.234 of the Revised Code. 1,064
(5)(a) Except as provided in division (A)(5)(b) of this 1,066
section, upon a showing that imprisonment would seriously affect 1,067
the ability of an offender sentenced pursuant to division (A)(1), 1,068
(2), (3), or (4) of this section to continue the offender's 1,069
employment, the court may authorize that the offender be granted 1,071
work release from imprisonment after the offender has served the 1,072
three, ten, or thirty consecutive days of imprisonment or the 1,073
28
mandatory term of local incarceration of sixty consecutive days 1,074
that the court is required by division (A)(1), (2), (3), or (4) 1,076
of this section to impose. No court shall authorize work release 1,077
from imprisonment during the three, ten, or thirty consecutive 1,078
days of imprisonment or the mandatory term of local incarceration 1,079
or mandatory prison term of sixty consecutive days that the court 1,081
is required by division (A)(1), (2), (3), or (4) of this section 1,082
to impose. The duration of the work release shall not exceed the 1,083
time necessary each day for the offender to commute to and from 1,084
the place of employment and the place of imprisonment and the 1,085
time actually spent under employment. 1,086
(b) An offender who is sentenced pursuant to division 1,088
(A)(2) or (3) of this section to a term of imprisonment followed 1,089
by a period of electronically monitored house arrest is not 1,090
eligible for work release from imprisonment, but that person 1,091
shall be permitted work release during the period of 1,092
electronically monitored house arrest. The duration of the work 1,093
release shall not exceed the time necessary each day for the 1,094
offender to commute to and from the place of employment and the 1,095
offender's home or other place specified by the sentencing court 1,096
and the time actually spent under employment. 1,097
(6) Notwithstanding any section of the Revised Code that 1,099
authorizes the suspension of the imposition or execution of a 1,100
sentence, the placement of an offender in any treatment program 1,102
in lieu of imprisonment, or the use of a community control 1,103
sanction for an offender convicted of a felony, no court shall 1,104
suspend the ten or thirty consecutive days of imprisonment 1,105
required to be imposed on an offender by division (A)(2) or (3) 1,106
of this section, no court shall place an offender who is 1,107
sentenced pursuant to division (A)(2), (3), or (4) of this 1,108
section in any treatment program in lieu of imprisonment until 1,109
after the offender has served the ten or thirty consecutive days 1,110
of imprisonment or the mandatory term of local incarceration or 1,111
mandatory prison term of sixty consecutive days required to be 1,112
29
imposed pursuant to division (A)(2), (3), or (4) of this section, 1,113
no court that sentences an offender under division (A)(4) of this 1,114
section shall impose any sanction other than a mandatory term of 1,115
local incarceration or mandatory prison term to apply to the 1,116
offender until after the offender has served the mandatory term 1,117
of local incarceration or mandatory prison term of sixty 1,119
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 1,121
imprisonment and a period of electronically monitored house 1,122
arrest upon an offender under division (A)(2) or (3) of this 1,123
section shall suspend any portion of the sentence or place the 1,124
offender in any treatment program in lieu of imprisonment or 1,125
electronically monitored house arrest. Notwithstanding any 1,126
section of the Revised Code that authorizes the suspension of the 1,127
imposition or execution of a sentence or the placement of an 1,128
offender in any treatment program in lieu of imprisonment, no 1,129
court, except as specifically authorized by division (A)(1) of 1,130
this section, shall suspend the three consecutive days of 1,131
imprisonment required to be imposed by division (A)(1) of this 1,132
section or place an offender who is sentenced pursuant to 1,133
division (A)(1) of this section in any treatment program in lieu 1,134
of imprisonment until after the offender has served the three 1,135
consecutive days of imprisonment required to be imposed pursuant 1,136
to division (A)(1) of this section. 1,137
(7) No court shall sentence an offender to an alcohol 1,139
treatment program pursuant to division (A)(1), (2), (3), or (4) 1,140
of this section unless the treatment program complies with the 1,141
minimum standards adopted pursuant to Chapter 3793. of the 1,142
Revised Code by the director of alcohol and drug addiction 1,143
services. 1,144
(8) No court shall impose the alternative sentence of a 1,146
term of imprisonment of five consecutive days plus not less than 1,147
eighteen consecutive days of electronically monitored house 1,148
arrest permitted to be imposed by division (A)(2) of this 1,149
30
section, or the alternative sentence of a term of imprisonment of 1,150
fifteen consecutive days plus not less than fifty-five 1,151
consecutive days of electronically monitored house arrest 1,152
permitted to be imposed pursuant to division (A)(3) of this 1,153
section, unless within sixty days of the date of sentencing, the 1,154
court issues a written finding, entered into the record, that due 1,155
to the unavailability of space at the incarceration facility 1,156
where the offender is required to serve the term of imprisonment 1,157
imposed upon the offender, the offender will not be able to 1,158
commence serving the term of imprisonment within the sixty-day 1,160
period following the date of sentencing. If the court issues 1,161
such a finding, the court may impose the alternative sentence 1,162
comprised of a term of imprisonment and a term of electronically 1,163
monitored house arrest permitted to be imposed by division (A)(2) 1,164
or (3) of this section. 1,165
(B) Whoever violates section 4511.192, 4511.251, or 1,167
4511.85 of the Revised Code is guilty of a misdemeanor of the 1,168
first degree. The court, in addition to or independent of all 1,169
other penalties provided by law, may suspend for a period not to 1,170
exceed one year the driver's or commercial driver's license or 1,171
permit or nonresident operating privilege of any person who 1,172
pleads guilty to or is convicted of a violation of section 1,173
4511.192 of the Revised Code. 1,174
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 1,176
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 1,177
guilty of one of the following: 1,178
(1) Except as otherwise provided in division (C)(2) of 1,180
this section, a minor misdemeanor. 1,181
(2) If the offender previously has been convicted of or 1,184
pleaded guilty to one or more violations of section 4511.63, 1,185
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 1,186
Revised Code or a municipal ordinance that is substantially 1,187
similar to any of those sections, a misdemeanor of the fourth 1,190
degree.
31
(D)(1) Whoever violates any provision of sections 4511.01 1,192
to 4511.76 or section 4511.84 of the Revised Code, for which no 1,193
penalty otherwise is provided in this section is guilty of one of 1,194
the following: 1,195
(a) Except as otherwise provided in division (D)(1)(b), 1,198
(1)(c), (2), or (3) of this section, a minor misdemeanor; 1,199
(b) If, within one year of the offense, the offender 1,201
previously has been convicted of or pleaded guilty to one 1,203
violation of any provision of sections 4511.01 to 4511.76 or 1,205
section 4511.84 of the Revised Code for which no penalty 1,206
otherwise is provided in this section or a municipal ordinance 1,208
that is substantially similar to any provision of sections 1,209
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 1,210
which no penalty otherwise is provided in this section, a 1,211
misdemeanor of the fourth degree; 1,213
(c) If, within one year of the offense, the offender 1,215
previously has been convicted of or pleaded guilty to two or more 1,216
violations of any provision described in division (D)(1)(b) of 1,218
this section or any municipal ordinance that is substantially 1,219
similar to any of those provisions, a misdemeanor of the third 1,220
degree. 1,221
(2) When any person is found guilty of a first offense for 1,223
a violation of section 4511.21 of the Revised Code upon a finding 1,224
that the person operated a motor vehicle faster than thirty-five 1,226
miles an hour in a business district of a municipal corporation, 1,227
or faster than fifty miles an hour in other portions, or faster 1,228
than thirty-five miles an hour while passing through a school 1,229
zone during recess or while children are going to or leaving 1,230
school during the opening or closing hours, the person is guilty 1,231
of a misdemeanor of the fourth degree. 1,232
(3) Notwithstanding section 2929.21 of the Revised Code, 1,234
upon a finding that such person operated a motor vehicle in a 1,235
construction zone where a sign was then posted in accordance with 1,236
section 4511.98 of the Revised Code, the court, in addition to 1,237
32
all other penalties provided by law, shall impose a fine of two 1,238
times the usual amount imposed for the violation. No court shall 1,239
impose a fine of two times the usual amount imposed for the 1,240
violation upon an offender who alleges, in an affidavit filed 1,241
with the court prior to the offender's sentencing, that the 1,242
offender is indigent and is unable to pay the fine imposed 1,243
pursuant to this division, provided the court determines the 1,244
offender is an indigent person and is unable to pay the fine. 1,245
(E) Whenever a person is found guilty in a court of record 1,247
of a violation of section 4511.761, 4511.762, or 4511.77 of the 1,248
Revised Code, the trial judge, in addition to or independent of 1,249
all other penalties provided by law, may suspend for any period 1,250
of time not exceeding three years, or revoke the license of any 1,251
person, partnership, association, or corporation, issued under 1,252
section 4511.763 of the Revised Code. 1,253
(F) Whoever violates division (E) or (F) of section 1,255
4511.51, division (A), (D), or (E) of section 4511.521, section 1,256
4511.681, division (A), OR (C), or (F) of section 4511.69, 1,258
section 4511.772, or division (A) or (B) of section 4511.82 of
the Revised Code is guilty of a minor misdemeanor. 1,259
(G) Whoever violates division (A) of section 4511.75 of 1,261
the Revised Code may be fined an amount not to exceed five 1,262
hundred dollars. A person who is issued a citation for a 1,263
violation of division (A) of section 4511.75 of the Revised Code 1,264
is not permitted to enter a written plea of guilty and waive the 1,265
person's right to contest the citation in a trial, but instead 1,266
must appear in person in the proper court to answer the charge. 1,267
(H)(1) Whoever is a resident of this state and violates 1,269
division (A) or (B) of section 4511.81 of the Revised Code shall 1,270
be punished as follows: 1,271
(a) Except as otherwise provided in division (H)(1)(b) of 1,273
this section, the offender is guilty of a minor misdemeanor. 1,275
(b) If the offender previously has been convicted of or 1,277
pleaded guilty to a violation of division (A) or (B) of section 1,278
33
4511.81 of the Revised Code or of a municipal ordinance that is 1,280
substantially similar to either of those divisions, the offender 1,281
is guilty of a misdemeanor of the fourth degree. 1,282
(2) Whoever is not a resident of this state, violates 1,284
division (A) or (B) of section 4511.81 of the Revised Code, and 1,285
fails to prove by a preponderance of the evidence that the 1,286
offender's use or nonuse of a child restraint system was in 1,287
accordance with the law of the state of which the offender is a 1,289
resident is guilty of a minor misdemeanor on a first offense; on 1,291
a second or subsequent offense, that person is guilty of a 1,292
misdemeanor of the fourth degree. 1,293
(3) Sixty-five per cent of every fine imposed pursuant to 1,295
division (H)(1) or (2) of this section shall be forwarded to the 1,296
treasurer of state for deposit in the "child highway safety fund" 1,297
created by division (G) of section 4511.81 of the Revised Code. 1,298
The balance of the fine shall be disbursed as otherwise provided 1,299
by law. 1,300
(I) Whoever violates section 4511.202 of the Revised Code 1,302
is guilty of operating a motor vehicle without being in control 1,303
of it, a minor misdemeanor. 1,304
(J) Whoever violates division (B) of section 4511.74, 1,306
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 1,307
section 4511.83 of the Revised Code is guilty of a misdemeanor of 1,308
the first degree. 1,309
(K) Except as otherwise provided in this division, whoever 1,311
violates division (E) of section 4511.11, division (A) or (C) of 1,312
section 4511.17, or section 4511.18 of the Revised Code is guilty 1,313
of a misdemeanor of the third degree. If a violation of division 1,314
(A) or (C) of section 4511.17 of the Revised Code creates a risk 1,315
of physical harm to any person, the offender is guilty of a 1,316
misdemeanor of the first degree. A violation of division (A) or 1,317
(C) of section 4511.17 of the Revised Code that causes serious 1,318
physical harm to property that is owned, leased, or controlled by 1,319
a state or local authority is a felony of the fifth degree. 1,321
34
(L) Whoever violates division (H) of section 4511.69 of 1,323
the Revised Code shall be punished as follows: 1,324
(1) Except as otherwise provided in division (L)(2) of 1,327
this section, the offender shall be issued a warning. 1,328
(2) If the offender previously has been convicted of or 1,330
pleaded guilty to a violation of division (H) of section 4511.69 1,331
of the Revised Code or of a municipal ordinance that is 1,332
substantially similar to that division, the offender shall not be 1,333
issued a warning but shall be fined twenty-five dollars for each 1,334
parking location that is not properly marked or whose markings 1,336
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 1,338
4511.45 of the Revised Code is guilty of a misdemeanor of the 1,339
fourth degree on a first offense; on a second offense within one 1,340
year after the first offense, the person is guilty of a 1,341
misdemeanor of the third degree; and on each subsequent offense 1,342
within one year after the first offense, the person is guilty of 1,343
a misdemeanor of the second degree. 1,344
(N)(1) Whoever violates division (B) of section 4511.19 of 1,347
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 1,348
(a) Except as otherwise provided in division (N)(1)(b) of 1,351
this section, the offender is guilty of a misdemeanor of the 1,353
fourth degree.
(b) If, within one year of the offense, the offender has 1,355
been convicted of or pleaded guilty to any violation of division 1,356
(A) or (B) of section 4511.19 of the Revised Code, a municipal 1,357
ordinance relating to operating a vehicle while under the 1,358
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,359
abuse, a municipal ordinance relating to operating a vehicle with 1,360
a prohibited concentration of alcohol in the blood, breath, or 1,361
urine, section 2903.04 of the Revised Code in a case in which the 1,362
offender was subject to the sanctions described in division (D) 1,363
of that section, section 2903.06, 2903.07, or 2903.08 of the 1,364
35
Revised Code or a municipal ordinance that is substantially 1,365
similar to section 2903.07 of the Revised Code in a case in which 1,366
the jury or judge found that the offender was under the influence 1,367
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,368
statute of the United States or of any other state or a municipal 1,370
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,371
4511.19 of the Revised Code, the offender is guilty of a 1,372
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 1,374
provided by law, the offender's driver's or commercial driver's 1,375
license or permit or nonresident operating privilege shall be 1,376
suspended in accordance with, and for the period of time 1,377
specified in, division (E) of section 4507.16 of the Revised 1,378
Code. 1,379
(O) Whoever violates section 4511.62 of the Revised Code 1,382
is guilty of a misdemeanor of the fourth degree.
(P) WHOEVER VIOLATES DIVISION (F) OF SECTION 4511.69 OF 1,385
THE REVISED CODE IS GUILTY OF A MISDEMEANOR AND SHALL BE FINED 1,387
NOT LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE HUNDRED
DOLLARS, BUT IN NO CASE SHALL AN OFFENDER BE SENTENCED TO ANY 1,389
TERM OF IMPRISONMENT. 1,390
ARREST OR CONVICTION FOR A VIOLATION OF DIVISION (F) OF 1,393
SECTION 4511.69 OF THE REVISED CODE DOES NOT CONSTITUTE A 1,394
CRIMINAL RECORD AND NEED NOT BE REPORTED BY THE PERSON SO 1,395
ARRESTED OR CONVICTED IN RESPONSE TO ANY INQUIRIES CONTAINED IN 1,396
ANY APPLICATION FOR EMPLOYMENT, LICENSE, OR OTHER RIGHT OR 1,397
PRIVILEGE, OR MADE IN CONNECTION WITH THE PERSON'S APPEARANCE AS 1,398
A WITNESS. 1,399
EVERY FINE COLLECTED UNDER THIS DIVISION SHALL BE PAID BY 1,401
THE CLERK OF THE COURT TO THE POLITICAL SUBDIVISION IN WHICH THE 1,402
VIOLATION OCCURRED TO ASSIST THAT POLITICAL SUBDIVISION IN PAYING 1,403
THE EXPENSES IT INCURS IN COMPLYING WITH THE SIGNAGE AND NOTICE 1,404
REQUIREMENTS CONTAINED IN DIVISION (E) OF SECTION 4511.69 OF THE 1,405
36
REVISED CODE.
Section 2. That existing sections 3781.111, 4503.44, 1,407
4503.99, 4511.69, and 4511.99 of the Revised Code are hereby 1,408
repealed.