As Reported by House Transportation and Public Safety Committee   1            

123rd General Assembly                                             4            

   Regular Session                        Sub. H. B. No. 148       5            

      1999-2000                                                    6            


         REPRESENTATIVES WILLIAMS-TAYLOR-THOMAS-SCHULER-           8            

       TERWILLEGER-LOGAN-PRINGLE-EVANS-HOOD-ROMAN-BATEMAN-         9            

              BENDER-OLMAN-MEAD-HAINES-DAMSCHRODER                 10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 3781.111, 4503.44, 4511.69,         12           

                4511.99, 4731.99, and 4734.99 and to enact         13           

                sections 4731.481 and 4734.23 of the Revised Code  15           

                to increase the penalties for a violation of the   16           

                special parking privileges established for         17           

                persons with certain disabilities and to make      18           

                changes in the application process for removable   19           

                windshield placards.                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 3781.111, 4503.44, 4511.69,        23           

4511.99, 4731.99, and 4734.99 be amended and sections 4731.481     24           

and 4734.23 of the Revised Code be enacted to read as follows:     25           

      Sec. 3781.111.  (A)  In addition to the powers conferred by  34           

any other section of the Revised Code, the board of building       35           

standards shall adopt standards and rules to facilitate the        36           

reasonable access and use by all handicapped persons of all        37           

buildings and the facilities of buildings for which plans are      38           

submitted for approval under section 3791.04 of the Revised Code.  39           

No standard or rule shall be applied to any building the plans or  40           

drawings, specifications, and date of which have been approved     41           

prior to the time that the standard or rule takes effect.          42           

      (B)  Except as otherwise provided in this section, the       44           

standards and rules adopted by the board pursuant to this section  45           

shall be in accordance with THE "The Americans With WITH           46           

                                                          2      


                                                                 
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as    48           

amended, and THE "The Fair Housing Amendments ACT of 1988," 102    49           

Stat. 1619, 42 U.S.C.A. 3601, as amended.                          50           

      (C)  All signs posted to designate special parking           52           

locations for handicapped persons and persons with disabilities    53           

that limit or impair the ability to walk in accordance with        54           

division (E) of section 4511.69 of the Revised Code and the        55           

standards and rules adopted pursuant to this section shall be      56           

mounted on a fixed or movable post or otherwise affixed in a       57           

vertical position at a height so that the sign is clearly visible  58           

to the driver of a vehicle when parked in such a location.  THERE  60           

ALSO SHALL BE AFFIXED UPON THE SURFACE OF EACH SIGN DESIGNATING A  61           

SPECIAL PARKING LOCATION OR AFFIXED NEXT TO THE DESIGNATING SIGN   62           

A NOTICE THAT STATES THE FINE APPLICABLE FOR THE OFFENSE OF        63           

PARKING A MOTOR VEHICLE IN THE SPECIAL DESIGNATED PARKING          64           

LOCATION IF THE MOTOR VEHICLE IS NOT LEGALLY ENTITLED TO BE        65           

PARKED IN THAT LOCATION.                                                        

      (D)  As used in this section, "handicapped person" has the   67           

same meaning as in section 4112.01 of the Revised Code.  As used   68           

in division (C) of this section, "persons with disabilities that   69           

limit or impair the ability to walk" has the same meaning as in    70           

division (A)(1) of section 4503.44 of the Revised Code.            71           

      (E)  No owner of a building or facility where special        73           

parking locations for handicapped persons must be designated in    74           

accordance with the standards and rules adopted pursuant to this   75           

section shall fail to properly mark the special parking locations  76           

as required by those standards and rules or fail to maintain the   77           

markings of the special parking locations, including the erection  78           

and maintenance of the fixed or movable signs.                     79           

      Sec. 4503.44.  (A)  As used in this section and in section   88           

4511.69 of the Revised Code:                                       89           

      (1)  "Person with a disability that limits or impairs the    91           

ability to walk" means any person who, as determined by a          92           

physician or chiropractor, meets any of the following criteria:    93           

                                                          3      


                                                                 
      (a)  Cannot walk two hundred feet without stopping to rest;  95           

      (b)  Cannot walk without the use of, or assistance from, a   97           

brace, cane, crutch, another person, prosthetic device,            98           

wheelchair, or other assistive device;                             99           

      (c)  Is restricted by a lung disease to such an extent that  101          

the person's forced (respiratory) expiratory volume for one        102          

second, when measured by spirometry, is less than one liter, or    103          

the arterial oxygen tension is less than sixty millimeters of      104          

mercury on room air at rest;                                                    

      (d)  Uses portable oxygen;                                   106          

      (e)  Has a cardiac condition to the extent that the          108          

person's functional limitations are classified in severity as      109          

class III or class IV according to standards set by the American   110          

heart association;                                                              

      (f)  Is severely limited in the ability to walk due to an    112          

arthritic, neurological, or orthopedic condition;                  113          

      (g)  Is blind.                                               115          

      (2)  "Organization" means any private organization or        117          

corporation, or any governmental board, agency, department,        118          

division, or office, that, as part of its business or program,     119          

transports persons with disabilities that limit or impair the      120          

ability to walk on a regular basis in a motor vehicle that has     122          

not been altered for the purpose of providing it with special      123          

equipment for use by handicapped persons.  This definition does                 

not apply to division (J) of this section.                         124          

      (3)  "Physician" means a person licensed to practice         126          

medicine or surgery or osteopathic medicine and surgery under      127          

Chapter 4731. of the Revised Code.                                 128          

      (4)  "Chiropractor" means a person licensed to practice      130          

chiropractic under Chapter 4734. of the Revised Code.              131          

      (B)  Any organization or person with a disability that       133          

limits or impairs the ability to walk may apply to the registrar   136          

of motor vehicles for a removable windshield placard or, if the    137          

person owns or leases a motor vehicle, the person may apply for    138          

                                                          4      


                                                                 
the registration of any motor vehicle the person owns or leases.   139          

In addition to one or more sets of license plates or one placard,  140          

a person with a disability that limits or impairs the ability to   141          

walk shall be IS entitled to one additional placard, BUT ONLY IF   142          

THE PERSON APPLIES SEPARATELY FOR THE ADDITIONAL PLACARD, STATES   144          

THE REASONS WHY THE ADDITIONAL PLACARD IS NEEDED, AND THE          145          

REGISTRAR, IN THE REGISTRAR'S DISCRETION, DETERMINES THAT GOOD     146          

AND JUSTIFIABLE CAUSE EXISTS TO APPROVE THE REQUEST FOR THE        147          

ADDITIONAL PLACARD.  When a motor vehicle has been altered for     149          

the purpose of providing it with special equipment for a person    150          

with a disability that limits or impairs the ability to walk, but  151          

is owned or leased by someone other than such a person, the owner  152          

or lessee may apply to the registrar or a deputy registrar for     153          

registration under this section.  The application for              154          

REGISTRATION OF a removable windshield placard made MOTOR VEHICLE  155          

OWNED OR LEASED by a person with a disability that limits or       156          

impairs the ability to walk or for registration of a motor         157          

vehicle owned or leased by such a person shall be accompanied by   158          

a signed statement from the applicant's personal physician or      159          

chiropractor certifying that the applicant meets at least one of   160          

the criteria contained in division (A)(1) of this section and      162          

that the disability is expected to continue for more than six      163          

consecutive months.  THE APPLICATION FOR A REMOVABLE WINDSHIELD    164          

PLACARD MADE BY A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS  165          

THE ABILITY TO WALK SHALL BE ACCOMPANIED BY A PRESCRIPTION FROM    166          

THE APPLICANT'S PERSONAL PHYSICIAN OR CHIROPRACTOR PRESCRIBING     167          

SUCH A PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT        168          

CERTIFYING THAT THE APPLICANT MEETS AT LEAST ONE OF THE CRITERIA   169          

CONTAINED IN DIVISION (A)(1) OF THIS SECTION.  THE PHYSICIAN OR    170          

CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE LENGTH OF TIME    171          

THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE    172          

DISABILITY THAT LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO       174          

WALK.  The application for a removable windshield placard made by  175          

an organization shall be accompanied by such documentary evidence  176          

                                                          5      


                                                                 
of regular transport of persons with disabilities that limit or    177          

impair the ability to walk by the organization as the registrar    179          

may require by rule and shall be completed in accordance with      180          

procedures that the registrar may require by rule.  The            181          

application for registration of a motor vehicle that has been      182          

altered for the purpose of providing it with special equipment     183          

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  185          

accompanied by such documentary evidence of vehicle alterations    186          

as the registrar may require by rule.                              187          

      (C)  When an organization, a person with a disability that   190          

limits or impairs the ability to walk, or a person who does not    191          

have a disability that limits or impairs the ability to walk but                

owns a motor vehicle that has been altered for the purpose of      193          

providing it with special equipment for a person with a            194          

disability that limits or impairs the ability to walk first        195          

submits an application for registration of a motor vehicle under   196          

this section and every fifth year thereafter, the organization or  197          

person shall submit a signed statement from the applicant's        198          

personal physician or chiropractor or, A COMPLETED APPLICATION,    199          

AND ANY REQUIRED documentary evidence of vehicle alterations as    200          

provided in division (B) of this section, and also a power of      201          

attorney from the owner of the motor vehicle if the applicant      202          

leases the vehicle.  Upon submission of these items, the           204          

registrar or deputy registrar shall issue to the applicant                      

appropriate vehicle registration and a set of license plates and   205          

validation stickers, or validation stickers alone when required    206          

by section 4503.191 of the Revised Code.  In addition to the       207          

letters and numbers ordinarily inscribed thereon, the license      208          

plates shall be imprinted with the international symbol of         209          

access.  The license plates and validation stickers shall be       210          

issued upon payment of the regular license fee as prescribed       211          

under section 4503.04 of the Revised Code and any motor vehicle    212          

tax levied under Chapter 4504. of the Revised Code, and the        213          

                                                          6      


                                                                 
payment of a service fee equal to the amount specified in          214          

division (D) or (G) of section 4503.10 of the Revised Code.        215          

      (D)(1)  Upon receipt of an A COMPLETED AND SIGNED            217          

application for a removable windshield placard and presentation    220          

of a signed statement from the applicant's personal physician or   221          

chiropractor as provided in division (B) of this section, if       222          

required, or presentation of, A PRESCRIPTION AS DESCRIBED IN       223          

DIVISION (B) OF THIS SECTION, documentary evidence of regular      225          

transport of persons with disabilities that limit or impair the    226          

ability to walk, if required, and, except as otherwise provided    227          

in division (F) of this section, payment of a fee of five          228          

dollars, and the payment of a service fee equal to the amount      229          

specified in division (D) or (G) of section 4503.10 of the         230          

Revised Code, the registrar or deputy registrar shall issue to     232          

the applicant a removable windshield placard, which shall bear     233          

the date of expiration on both sides of the placard, in numerals   234          

at least one inch in height, and printed in white on a             235          

blue-colored background, and shall be valid until expired,         237          

revoked, or surrendered.  Every removable windshield placard       238          

shall expire on the last day of the month in the fifth year after  239          

the date it is issued EXPIRES AS DESCRIBED IN DIVISION (D)(2) OF   240          

THIS SECTION, BUT IN NO CASE SHALL A REMOVABLE WINDSHIELD PLACARD  241          

BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS.  Removable          242          

windshield placards shall be renewable upon application as         243          

provided in division (B) of this section, and a service fee equal  244          

to the amount specified in division (D) or (G) of section 4503.10  245          

of the Revised Code shall be charged for the renewal of a          246          

removable windshield placard.  An additional renewal fee of five   248          

dollars shall be charged if the previous parking card or                        

removable windshield placard expired more than six months prior    249          

to the date of application for renewal.  The registrar shall       251          

provide the application form and shall determine the information   252          

to be included thereon.  The registrar also shall determine the    253          

form and size of the removable windshield placard, the material    254          

                                                          7      


                                                                 
of which it is to be made, and any other information to be         255          

included thereon, and shall adopt rules relating to the issuance,  256          

expiration, revocation, surrender, and proper display of such      257          

placards.  ANY PLACARD ISSUED AFTER THE EFFECTIVE DATE OF THIS     258          

AMENDMENT SHALL BE MANUFACTURED IN A MANNER THAT ALLOWS THE        259          

EXPIRATION DATE OF THE PLACARD TO BE INDICATED ON IT THROUGH THE   261          

PUNCHING, DRILLING, BORING, OR CREATION BY ANY OTHER MEANS OF      262          

HOLES IN THE PLACARD.                                                           

      (2)  AT THE TIME A REMOVABLE WINDSHIELD PLACARD IS ISSUED    265          

TO A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY   266          

TO WALK, THE REGISTRAR OR DEPUTY REGISTRAR SHALL ENTER INTO THE    267          

RECORDS OF THE BUREAU OF MOTOR VEHICLES THE LAST DATE ON WHICH     268          

THE PERSON WILL HAVE THAT DISABILITY, AS INDICATED ON THE          269          

ACCOMPANYING PRESCRIPTION.  NOT LESS THAN THIRTY DAYS PRIOR TO     270          

THAT DATE AND ALL REMOVABLE WINDSHIELD PLACARD RENEWAL DATES, THE               

BUREAU SHALL SEND A RENEWAL NOTICE TO THAT PERSON AT THE PERSON'S  272          

LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE BUREAU,          273          

INFORMING THE PERSON THAT THE PERSON'S REMOVABLE WINDSHIELD        274          

PLACARD WILL EXPIRE ON THE INDICATED DATE NOT TO EXCEED FIVE       275          

YEARS FROM THE DATE OF ISSUANCE, AND THAT THE PERSON IS REQUIRED   276          

TO RENEW THE PLACARD BY SUBMITTING TO THE REGISTRAR OR A DEPUTY    277          

REGISTRAR ANOTHER PRESCRIPTION, AS DESCRIBED IN DIVISION (B) OF    279          

THIS SECTION, AND BY COMPLYING WITH THE RENEWAL PROVISIONS         280          

PRESCRIBED IN DIVISION (D)(1) OF THIS SECTION.  IF SUCH A          282          

PRESCRIPTION IS NOT RECEIVED BY THE REGISTRAR OR A DEPUTY                       

REGISTRAR BY THAT DATE, THE PLACARD ISSUED TO THAT PERSON EXPIRES  284          

AND NO LONGER IS VALID, AND THIS FACT SHALL BE RECORDED IN THE     285          

RECORDS OF THE BUREAU.                                                          

      (3)  AT LEAST ONCE EVERY YEAR, ON A DATE DETERMINED BY THE   288          

REGISTRAR, THE BUREAU SHALL EXAMINE THE RECORDS OF THE OFFICE OF   289          

VITAL STATISTICS, LOCATED WITHIN THE DEPARTMENT OF HEALTH, THAT    290          

PERTAIN TO DECEASED PERSONS, AND ALSO THE BUREAU'S RECORDS OF ALL  291          

PERSONS WHO HAVE BEEN ISSUED REMOVABLE WINDSHIELD PLACARDS AND     292          

TEMPORARY REMOVABLE WINDSHIELD PLACARDS.  IF THE RECORDS OF THE    293          

                                                          8      


                                                                 
OFFICE OF VITAL STATISTICS INDICATE THAT A PERSON TO WHOM A        294          

REMOVABLE WINDSHIELD PLACARD OR TEMPORARY REMOVABLE WINDSHIELD     295          

PLACARD HAS BEEN ISSUED IS DECEASED, THE BUREAU SHALL CANCEL THAT  296          

PLACARD, AND NOTE THE CANCELLATION IN ITS RECORDS.                 297          

      THE OFFICE OF VITAL STATISTICS SHALL MAKE AVAILABLE TO THE   300          

BUREAU ALL INFORMATION NECESSARY TO ENABLE THE BUREAU TO COMPLY    301          

WITH DIVISION (D)(3) OF THIS SECTION.                                           

      (4)  Nothing in this section shall be construed to require   303          

a person or organization to apply for a removable windshield       304          

placard or special license plates if the parking card or special   305          

license plates issued to the person or organization under prior    306          

law have not expired or been surrendered or revoked.                            

      (E)  Any person with a disability that limits or impairs     308          

the ability to walk may apply to the registrar or a deputy         310          

registrar for a temporary removable windshield placard.  The       311          

application for a temporary removable windshield placard shall be  312          

accompanied by a signed statement PRESCRIPTION from the            313          

applicant's personal physician or chiropractor PRESCRIBING SUCH A  314          

PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT certifying    315          

that the applicant meets at least one of the criteria contained    316          

in division (A)(1) of this section and that the disability is      317          

expected to continue for six consecutive months or less.  THE      319          

PHYSICIAN OR CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE                   

LENGTH OF TIME THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE           320          

APPLICANT TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE        321          

APPLICANT'S ABILITY TO WALK, WHICH CANNOT EXCEED SIX MONTHS FROM   322          

THE DATE OF THE PRESCRIPTION.  Upon receipt of an application for  324          

a temporary removable windshield placard, presentation of the      325          

PRESCRIPTION AND THE signed statement from the applicant's         326          

personal physician or chiropractor, payment of a fee of five       327          

dollars, and payment of a service fee equal to the amount          328          

specified in division (D) or (G) of section 4503.10 of the         329          

Revised Code, the registrar or deputy registrar shall issue to     330          

the applicant a temporary removable windshield placard.  The       331          

                                                          9      


                                                                 
temporary removable windshield placard shall be of the same size   332          

and form as the removable windshield placard, shall be printed in  333          

white on a red-colored background, AND shall bear the word         334          

"temporary" in letters of such size as the registrar shall         335          

prescribe,.  A TEMPORARY REMOVABLE WINDSHIELD PLACARD also shall   336          

bear the date of expiration on the front and back of the placard,  337          

in numerals at least one inch in height, and shall be valid until  338          

expired, surrendered, or revoked, BUT IN NO CASE SHALL SUCH A      339          

PLACARD BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS.  The        340          

registrar shall provide the application form and shall determine   342          

the information to be included on it.  The registrar also shall    343          

determine the material of which the temporary removable            344          

windshield placard is to be made and any other information to be   345          

included on the placard and shall adopt rules relating to the      346          

issuance, expiration, surrender, revocation, and proper display    347          

of those placards.  ANY TEMPORARY REMOVABLE WINDSHIELD PLACARD     348          

ISSUED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE         349          

MANUFACTURED IN A MANNER THAT ALLOWS FOR THE EXPIRATION DATE OF    350          

THE PLACARD TO BE INDICATED ON IT THROUGH THE PUNCHING, DRILLING,  351          

BORING, OR CREATION BY ANY OTHER MEANS OF HOLES IN THE PLACARD.    353          

      (F)  If an applicant for a removable windshield placard or   355          

a temporary removable windshield placard is a veteran of the       356          

armed forces of the United States whose disability, as defined in  357          

division (A)(1) of this section, is service-connected, the         358          

registrar or deputy registrar, upon receipt of the application,    359          

presentation of a signed statement from the applicant's personal   361          

physician or chiropractor certifying the period for which the      362          

applicant's disability is expected to continue, and presentation   363          

of such documentary evidence FROM THE DEPARTMENT OF VETERANS       364          

AFFAIRS that the disability OF THE APPLICANT MEETS AT LEAST ONE    365          

OF THE CRITERIA IDENTIFIED IN DIVISION (A)(1) OF THIS SECTION AND  367          

is service-connected as the registrar may require by rule, but     369          

without the payment of any fee for issuance or of any service      370          

fee, shall issue the applicant a removable windshield placard or   371          

                                                          10     


                                                                 
temporary removable windshield placard, as the case may be, that   373          

shall be IS valid until expired, surrendered, or revoked.          374          

      Upon a conviction of a violation of division (H), (I), or    376          

(J) of this section, the court shall report the conviction, and    377          

send the placard or parking card, if available, to the registrar,  379          

who shall thereupon SHALL revoke the privilege of using the        380          

placard or parking card and send notice in writing to the                       

placardholder or cardholder at that holder's last known address    382          

as shown in the records of the bureau of motor vehicles, and the   383          

placardholder or cardholder shall return the placard or card if    384          

not previously surrendered to the court, to the registrar within   385          

ten days following mailing of the notice.                                       

      Whenever a person to whom a removable windshield placard or  387          

parking card has been issued moves to another state, the person    388          

shall surrender the placard or card to the registrar; and          389          

whenever an organization to which a placard or card has been       390          

issued changes its place of operation to another state, the        391          

organization shall surrender the placard or card to the            392          

registrar.                                                                      

      (G)  Subject to the provisions of division (F) of section    394          

4511.69 of the Revised Code, the operator of a motor vehicle       395          

displaying a removable windshield placard, temporary removable     396          

windshield placard, parking card, or the special license plates    397          

authorized by this section shall be IS entitled to park the motor  399          

vehicle in any special parking location reserved for persons with  400          

disabilities that limit or impair the ability to walk, also known  401          

as handicapped parking spaces or disability parking spaces.        402          

      (H)  No person or organization that is not eligible under    404          

division (B) or (E) of this section shall willfully and falsely    405          

represent that the person or organization is so eligible.          407          

      No person or organization shall display license plates       409          

issued under this section unless the license plates have been      410          

issued for the vehicle on which they are displayed and are valid.  411          

      (I)  No person or organization to which a removable          413          

                                                          11     


                                                                 
windshield placard or temporary removable windshield placard is    414          

issued shall do either of the following:                           415          

      (1)  Display or permit the display of the placard on any     418          

motor vehicle when having reasonable cause to believe the motor    419          

vehicle is being used in connection with an activity that does     420          

not include providing transportation for persons with                           

disabilities that limit or impair the ability to walk;             421          

      (2)  Refuse to return or surrender the placard, when         423          

required.                                                                       

      (J)(1)  No person or organization to which a parking card    425          

is issued shall do either of the following:                        426          

      (a)  Display or permit the display of the parking card on    428          

any motor vehicle when having reasonable cause to believe the      429          

motor vehicle is being used in connection with an activity that    430          

does not include providing transportation for a handicapped        431          

person;                                                                         

      (b)  Refuse to return or surrender the parking card, when    433          

required.                                                                       

      (2)  As used in division (J) of this section:                435          

      (a)  "Handicapped person" means any person who has lost the  437          

use of one or both legs or one or both arms, who is blind, deaf,   438          

or so severely handicapped as to be unable to move about without   439          

the aid of crutches or a wheelchair, or whose mobility is          440          

restricted by a permanent cardiovascular, pulmonary, or other                   

handicapping condition.                                            441          

      (b)  "Organization" means any private organization or        443          

corporation, or any governmental board, agency, department,        444          

division, or office, that, as part of its business or program,     445          

transports handicapped persons on a regular basis in a motor       446          

vehicle that has not been altered for the purposes of providing                 

it with special equipment for use by handicapped persons.          447          

      (K)  If a removable windshield placard, temporary removable  449          

windshield placard, or parking card is lost, destroyed, or         450          

mutilated, the placardholder or cardholder may obtain a duplicate  452          

                                                          12     


                                                                 
by doing both of the following:                                                 

      (1)  Furnishing suitable proof of the loss, destruction, or  454          

mutilation to the registrar;                                       455          

      (2)  Paying a fee of five dollars for issuance, plus a       457          

service fee equal to the amount specified in division (D) or (G)   459          

of section 4503.10 of the Revised Code.                            460          

      Any placardholder or cardholder losing WHO LOSES a placard   462          

or card and, after obtaining a duplicate, finding FINDS the        464          

original, immediately shall surrender the original placard or      466          

card to the registrar.                                                          

      (L)  The registrar shall pay all fees received under this    468          

section for the issuance of removable windshield placards or       469          

temporary removable windshield placards or duplicate removable     470          

windshield placards or cards into the state treasury to the        471          

credit of the state bureau of motor vehicles fund created in       472          

section 4501.25 of the Revised Code.                                            

      (M)  For purposes of enforcing this section, every peace     474          

officer is deemed to be an agent of the registrar.  Any peace      475          

officer or any authorized employee of the bureau of motor          476          

vehicles who, in the performance of duties authorized by law,      477          

becomes aware of a person whose placard or parking card has been   478          

revoked pursuant to this section, may confiscate that placard or                

parking card and return it to the registrar.  The registrar shall  479          

prescribe any forms used by law enforcement agencies in            480          

administering this section.                                                     

      No peace officer, law enforcement agency employing a peace   482          

officer, or political subdivision or governmental agency           483          

employing a peace officer, and no employee of the bureau shall be  484          

IS liable in a civil action for damages or loss to persons         486          

arising out of the performance of any duty required or authorized               

by this section.  As used in this division, "peace officer" has    487          

the same meaning as in division (B) of section 2935.01 of the      488          

Revised Code.                                                                   

      (N)  ALL APPLICATIONS FOR REGISTRATION OF MOTOR VEHICLES,    491          

                                                          13     


                                                                 
REMOVABLE WINDSHIELD PLACARDS, AND TEMPORARY REMOVABLE WINDSHIELD  492          

PLACARDS ISSUED UNDER THIS SECTION, ALL RENEWAL NOTICES FOR SUCH   493          

ITEMS, AND ALL OTHER PUBLICATIONS ISSUED BY THE BUREAU THAT        495          

RELATE TO THIS SECTION SHALL SET FORTH THE CRIMINAL PENALTIES      496          

THAT MAY BE IMPOSED UPON A PERSON WHO VIOLATES ANY PROVISION       497          

RELATING TO SPECIAL LICENSE PLATES ISSUED UNDER THIS SECTION, THE  498          

PARKING OF VEHICLES DISPLAYING SUCH LICENSE PLATES, AND THE        499          

ISSUANCE, PROCUREMENT, USE, AND DISPLAY OF REMOVABLE WINDSHIELD    500          

PLACARDS AND TEMPORARY REMOVABLE WINDSHIELD PLACARDS ISSUED UNDER  501          

THIS SECTION.                                                                   

      Sec. 4511.69.  (A)  Every vehicle stopped or parked upon a   510          

roadway where there is an adjacent curb shall be stopped or        511          

parked with the right-hand wheels of the vehicle parallel with     512          

and not more than twelve inches from the right-hand curb, unless   513          

it is impossible to approach so close to the curb; in such case    514          

the stop shall be made as close to the curb as possible and only   515          

for the time necessary to discharge and receive passengers or to   516          

load or unload merchandise.  Local authorities may by ordinance    517          

MAY permit angle parking on any roadway under their jurisdiction,  518          

except that angle parking shall not be permitted on a state route  519          

within a municipal corporation unless an unoccupied roadway width  520          

of not less than twenty-five feet is available for free-moving     521          

traffic.                                                           522          

      (B)  Local authorities may by ordinance MAY permit parking   524          

of vehicles with the left-hand wheels adjacent to and within       525          

twelve inches of the left-hand curb of a one-way roadway.          526          

      (C)  No vehicle or trackless trolley shall be stopped or     528          

parked on a road or highway with the vehicle or trackless trolley  529          

facing in a direction other than the direction of travel on that   530          

side of the road or highway.                                       531          

      (D)  Notwithstanding any statute or any rule, resolution,    533          

or ordinance adopted by any local authority, air compressors,      534          

tractors, trucks, and other equipment, while being used in the     535          

construction, reconstruction, installation, repair, or removal of  536          

                                                          14     


                                                                 
facilities near, on, over, or under a street or highway, may       537          

stop, stand, or park where necessary in order to perform such      538          

work, provided a flagman FLAGGER is on duty or warning signs or    539          

lights are displayed as may be prescribed by the director of       540          

transportation.                                                                 

      (E)  Special parking locations and privileges for persons    542          

with disabilities that limit or impair the ability to walk, also   543          

known as handicapped parking spaces or disability parking spaces,  544          

shall be provided and designated by all political subdivisions     545          

and by the state and all agencies and instrumentalities thereof    546          

at all offices and facilities, where parking is provided, whether  547          

owned, rented, or leased, and at all publicly owned parking        548          

garages.  The locations shall be designated through the posting    549          

of an elevated sign, whether permanently affixed or movable,       550          

imprinted with the international symbol of access and shall be     551          

reasonably close to exits, entrances, elevators, and ramps.  All   552          

elevated signs posted in accordance with this division and         553          

division (B)(C) of section 3781.111 of the Revised Code shall be   555          

mounted on a fixed or movable post, and the distance from the      556          

ground to the top edge of the sign shall measure five feet.        557          

THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF EACH SIGN          558          

DESIGNATING A SPECIAL PARKING LOCATION OR AFFIXED NEXT TO THE      559          

DESIGNATING SIGN A NOTICE THAT STATES THE FINE APPLICABLE FOR THE  561          

OFFENSE OF PARKING A MOTOR VEHICLE IN THE SPECIAL DESIGNATED       562          

PARKING LOCATION IF THE MOTOR VEHICLE IS NOT LEGALLY ENTITLED TO   563          

BE PARKED IN THAT LOCATION.                                                     

      (F)(1)  No person shall stop, stand, or park any motor       565          

vehicle at special parking locations provided under division (E)   566          

of this section or at special clearly marked parking locations     567          

provided in or on privately owned parking lots, parking garages,   568          

or other parking areas and designated in accordance with that      569          

division, unless one of the following applies:                     570          

      (1)(a)  The motor vehicle is being operated by or for the    572          

transport of a person with a disability that limits or impairs     573          

                                                          15     


                                                                 
the ability to walk and is displaying a valid removable            574          

windshield placard or special license plates;                      575          

      (2)(b)  The motor vehicle is being operated by or for the    577          

transport of a handicapped person and is displaying a parking      578          

card or special handicapped license plates.                        579          

      (2)  ANY MOTOR VEHICLE THAT IS PARKED IN A SPECIAL MARKED    581          

PARKING LOCATION IN VIOLATION OF DIVISION (F)(1)(a) OR (b) OF      584          

THIS SECTION MAY BE TOWED OR OTHERWISE REMOVED FROM THE PARKING    585          

LOCATION BY THE LAW ENFORCEMENT AGENCY OF THE POLITICAL            586          

SUBDIVISION IN WHICH THE PARKING LOCATION IS LOCATED.  A MOTOR                  

VEHICLE THAT IS SO TOWED OR REMOVED SHALL NOT BE RELEASED TO ITS   587          

OWNER UNTIL THE OWNER PRESENTS PROOF OF OWNERSHIP OF THE MOTOR     588          

VEHICLE AND PAYS ALL TOWING AND STORAGE FEES NORMALLY IMPOSED BY   589          

THAT POLITICAL SUBDIVISION FOR TOWING AND STORING MOTOR VEHICLES.  590          

IF THE MOTOR VEHICLE IS A LEASED VEHICLE, IT SHALL NOT BE          591          

RELEASED TO THE LESSEE UNTIL THE LESSEE PRESENTS PROOF THAT THAT                

PERSON IS THE LESSEE OF THE MOTOR VEHICLE AND PAYS ALL TOWING AND  592          

STORAGE FEES NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR    593          

TOWING AND STORING MOTOR VEHICLES.                                 594          

      (3)  IF A PERSON IS CHARGED WITH A VIOLATION OF DIVISION     597          

(F)(1)(a) OR (b) OF THIS SECTION, IT IS AN AFFIRMATIVE DEFENSE TO  598          

THE CHARGE THAT THE PERSON SUFFERED AN INJURY NOT MORE THAN        599          

SEVENTY-TWO HOURS PRIOR TO THE TIME THE PERSON WAS ISSUED THE      601          

TICKET OR CITATION AND THAT, BECAUSE OF THE INJURY, THE PERSON     602          

MEETS AT LEAST ONE OF THE CRITERIA CONTAINED IN DIVISION (A)(1)    603          

OF SECTION 4503.44 OF THE REVISED CODE.                            605          

      (G)  When a motor vehicle is being operated by or for the    607          

transport of a person with a disability that limits or impairs     608          

the ability to walk and is displaying a removable windshield       609          

placard or a temporary removable windshield placard or special     610          

license plates, or when a motor vehicle is being operated by or    611          

for the transport of a handicapped person and is displaying a      612          

parking card or special handicapped license plates, the motor      613          

vehicle shall be IS permitted to park for a period of two hours    614          

                                                          16     


                                                                 
in excess of the legal parking period permitted by local           616          

authorities, except where local ordinances or police rules         617          

provide otherwise or where the vehicle is parked in such a manner  618          

as to be clearly a traffic hazard.                                 619          

      (H)  No owner of an office, facility, or parking garage      621          

where special parking locations must ARE REQUIRED TO be            622          

designated in accordance with division (E) of this section shall   624          

fail to properly mark the special parking locations as required    625          

by IN ACCORDANCE WITH that division or fail to maintain the        627          

markings of the special locations, including the erection and      628          

maintenance of the fixed or movable signs.                                      

      (I)  Nothing in this section shall be construed to require   631          

a person or organization to apply for a removable windshield                    

placard or special license plates if the parking card or special   632          

license plates issued to the person or organization under prior    633          

law have not expired or been surrendered or revoked.               634          

      (J)  As used in this section:                                636          

      (1)  "Handicapped person" means any person who has lost the  638          

use of one or both legs or one or both arms, who is blind, deaf,   639          

or so severely handicapped as to be unable to move without the     640          

aid of crutches or a wheelchair, or whose mobility is restricted   641          

by a permanent cardiovascular, pulmonary, or other handicapping    642          

condition.                                                         643          

      (2)  "Person with a disability that limits or impairs the    645          

ability to walk" has the same meaning as in section 4503.44 of     646          

the Revised Code.                                                  647          

      (3)  "Special license plates" and "removable windshield      649          

placard" mean any license plates or removable windshield placard   650          

or temporary removable windshield placard issued under section     651          

4503.41 or 4503.44 of the Revised Code, and also mean any          652          

substantially similar license plates or removable windshield       653          

placard or temporary removable windshield placard issued by a      654          

state, district, country, or sovereignty.                          655          

      Sec. 4511.99.  (A)  Whoever violates division (A) of         664          

                                                          17     


                                                                 
section 4511.19 of the Revised Code, in addition to the license    665          

suspension or revocation provided in section 4507.16 of the        666          

Revised Code and any disqualification imposed under section        667          

4506.16 of the Revised Code, shall be punished as provided in      668          

division (A)(1), (2), (3), or (4) of this section.                 669          

      (1)  Except as otherwise provided in division (A)(2), (3),   671          

or (4) of this section, the offender is guilty of a misdemeanor    672          

of the first degree and the court shall sentence the offender to   673          

a term of imprisonment of three consecutive days and may sentence  674          

the offender pursuant to section 2929.21 of the Revised Code to a  675          

longer term of imprisonment.  In addition, the court shall impose  676          

upon the offender a fine of not less than two hundred and not      677          

more than one thousand dollars.                                    678          

      The court may suspend the execution of the mandatory three   680          

consecutive days of imprisonment that it is required to impose by  681          

this division, if the court, in lieu of the suspended term of      682          

imprisonment, places the offender on probation and requires the    683          

offender to attend, for three consecutive days, a drivers'         684          

intervention program that is certified pursuant to section         685          

3793.10 of the Revised Code.  The court also may suspend the       686          

execution of any part of the mandatory three consecutive days of   687          

imprisonment that it is required to impose by this division, if    688          

the court places the offender on probation for part of the three   689          

consecutive days; requires the offender to attend, for that part   690          

of the three consecutive days, a drivers' intervention program     691          

that is certified pursuant to section 3793.10 of the Revised       692          

Code; and sentences the offender to a term of imprisonment equal   693          

to the remainder of the three consecutive days that the offender   694          

does not spend attending the drivers' intervention program.  The   695          

court may require the offender, as a condition of probation, to    696          

attend and satisfactorily complete any treatment or education      697          

programs that comply with the minimum standards adopted pursuant   698          

to Chapter 3793. of the Revised Code by the director of alcohol    699          

and drug addiction services, in addition to the required           700          

                                                          18     


                                                                 
attendance at a drivers' intervention program, that the operators  701          

of the drivers' intervention program determine that the offender   702          

should attend and to report periodically to the court on the       703          

offender's progress in the programs.  The court also may impose    704          

any other conditions of probation on the offender that it          705          

considers necessary.                                               706          

      Of the fine imposed pursuant to this division, twenty-five   708          

dollars shall be paid to an enforcement and education fund         709          

established by the legislative authority of the law enforcement    710          

agency in this state that primarily was responsible for the        711          

arrest of the offender, as determined by the court that imposes    712          

the fine.  This share shall be used by the agency to pay only      713          

those costs it incurs in enforcing section 4511.19 of the Revised  714          

Code or a substantially similar municipal ordinance and in         715          

informing the public of the laws governing the operation of a      716          

motor vehicle while under the influence of alcohol, the dangers    717          

of operating a motor vehicle while under the influence of          718          

alcohol, and other information relating to the operation of a      719          

motor vehicle and the consumption of alcoholic beverages.          720          

Twenty-five dollars of the fine imposed pursuant to this division  721          

shall be deposited into the county indigent drivers alcohol        722          

treatment fund or municipal indigent drivers alcohol treatment     723          

fund under the control of that court, as created by the county or  724          

municipal corporation pursuant to division (N) of section          725          

4511.191 of the Revised Code.  The balance of the fine shall be    726          

disbursed as otherwise provided by law.                            727          

      (2)(a)  Except as otherwise provided in division (A)(4) of   730          

this section, if, within six years of the offense, the offender    731          

has been convicted of or pleaded guilty to one violation of        732          

division (A) or (B) of section 4511.19 of the Revised Code, a      733          

municipal ordinance relating to operating a vehicle while under    734          

the influence of alcohol, a drug of abuse, or alcohol and a drug   735          

of abuse, a municipal ordinance relating to operating a vehicle    736          

with a prohibited concentration of alcohol in the blood, breath,   737          

                                                          19     


                                                                 
or urine, section 2903.04 of the Revised Code in a case in which   738          

the offender was subject to the sanctions described in division    739          

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   741          

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  742          

the jury or judge found that the offender was under the influence  743          

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  744          

statute of the United States or of any other state or a municipal  746          

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    747          

4511.19 of the Revised Code, the offender is guilty of a           748          

misdemeanor of the first degree and, except as provided in this    749          

division, the court shall sentence the offender to a term of       750          

imprisonment of ten consecutive days and may sentence the          751          

offender pursuant to section 2929.21 of the Revised Code to a      752          

longer term of imprisonment.  As an alternative to the term of     753          

imprisonment required to be imposed by this division, but subject  754          

to division (A)(8) of this section, the court may impose upon the  755          

offender a sentence consisting of both a term of imprisonment of   756          

five consecutive days and not less than eighteen consecutive days  757          

of electronically monitored house arrest as defined in division    758          

(A) of section 2929.23 of the Revised Code.  The five consecutive  759          

days of imprisonment and the period of electronically monitored    760          

house arrest shall not exceed six months.  The five consecutive    761          

days of imprisonment do not have to be served prior to or          762          

consecutively with the period of electronically monitored house    763          

arrest.                                                                         

      In addition, the court shall impose upon the offender a      765          

fine of not less than three hundred and not more than one          766          

thousand five hundred dollars.                                     767          

      In addition to any other sentence that it imposes upon the   769          

offender, the court may require the offender to attend a drivers'  770          

intervention program that is certified pursuant to section         771          

3793.10 of the Revised Code.  If the officials of the drivers'     772          

                                                          20     


                                                                 
intervention program determine that the offender is alcohol        773          

dependent, they shall notify the court, and the court shall order  774          

the offender to obtain treatment through an alcohol and drug       775          

addiction program authorized by section 3793.02 of the Revised     776          

Code.  The cost of the treatment shall be paid by the offender.    777          

      Of the fine imposed pursuant to this division, thirty-five   779          

dollars shall be paid to an enforcement and education fund         780          

established by the legislative authority of the law enforcement    781          

agency in this state that primarily was responsible for the        782          

arrest of the offender, as determined by the court that imposes    783          

the fine.  This share shall be used by the agency to pay only      784          

those costs it incurs in enforcing division (A) of section         785          

4511.19 of the Revised Code or a substantially similar municipal   786          

ordinance and in informing the public of the laws governing the    787          

operation of a motor vehicle while under the influence of          788          

alcohol, the dangers of operating a motor vehicle while under the  789          

influence of alcohol, and other information relating to the        790          

operation of a motor vehicle and the consumption of alcoholic      791          

beverages.  Sixty-five dollars of the fine imposed pursuant to     792          

this division shall be paid to the political subdivision           793          

responsible for housing the offender during the offender's term    795          

of incarceration.  This share shall be used by the political       796          

subdivision to pay or reimburse incarceration costs it incurs in   797          

housing persons who violate section 4511.19 of the Revised Code    798          

or a substantially similar municipal ordinance and to pay for      799          

ignition interlock devices and electronic house arrest equipment   800          

for persons who violate that section, and shall be paid to the     801          

credit of the fund that pays the cost of the incarceration.        802          

Fifty dollars of the fine imposed pursuant to this division shall  803          

be deposited into the county indigent drivers alcohol treatment    804          

fund or municipal indigent drivers alcohol treatment fund under    805          

the control of that court, as created by the county or municipal   806          

corporation pursuant to division (N) of section 4511.191 of the    807          

Revised Code.  The balance of the fine shall be disbursed as       808          

                                                          21     


                                                                 
otherwise provided by law.                                         809          

      (b)  Regardless of whether the vehicle the offender was      811          

operating at the time of the offense is registered in the          812          

offender's name or in the name of another person, the court, in    814          

addition to the penalties imposed under division (A)(2)(a) of      815          

this section and all other penalties provided by law and subject   816          

to section 4503.235 of the Revised Code, shall order the           817          

immobilization for ninety days of the vehicle the offender was     818          

operating at the time of the offense and the impoundment for       819          

ninety days of the identification license plates of that vehicle.  820          

The order for the immobilization and impoundment shall be issued   821          

and enforced in accordance with section 4503.233 of the Revised    822          

Code.                                                                           

      (3)(a)  Except as otherwise provided in division (A)(4) of   825          

this section, if, within six years of the offense, the offender    826          

has been convicted of or pleaded guilty to two violations of       827          

division (A) or (B) of section 4511.19 of the Revised Code, a      828          

municipal ordinance relating to operating a vehicle while under    829          

the influence of alcohol, a drug of abuse, or alcohol and a drug   830          

of abuse, a municipal ordinance relating to operating a vehicle    831          

with a prohibited concentration of alcohol in the blood, breath,   832          

or urine, section 2903.04 of the Revised Code in a case in which   833          

the offender was subject to the sanctions described in division    834          

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   836          

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  837          

the jury or judge found that the offender was under the influence  838          

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  840          

statute of the United States or of any other state or a municipal  841          

ordinance of a municipal corporation located in any other state    842          

that is substantially similar to division (A) or (B) of section                 

4511.19 of the Revised Code, except as provided in this division,  843          

the court shall sentence the offender to a term of imprisonment    844          

of thirty consecutive days and may sentence the offender to a      845          

                                                          22     


                                                                 
longer definite term of imprisonment of not more than one year.    846          

As an alternative to the term of imprisonment required to be       847          

imposed by this division, but subject to division (A)(8) of this   848          

section, the court may impose upon the offender a sentence         849          

consisting of both a term of imprisonment of fifteen consecutive   850          

days and not less than fifty-five consecutive days of              851          

electronically monitored house arrest as defined in division (A)   852          

of section 2929.23 of the Revised Code.  The fifteen consecutive   853          

days of imprisonment and the period of electronically monitored    854          

house arrest shall not exceed one year.  The fifteen consecutive   855          

days of imprisonment do not have to be served prior to or          856          

consecutively with the period of electronically monitored house    857          

arrest.                                                                         

      In addition, the court shall impose upon the offender a      859          

fine of not less than five hundred and not more than two thousand  860          

five hundred dollars.                                              861          

      In addition to any other sentence that it imposes upon the   863          

offender, the court shall require the offender to attend an        864          

alcohol and drug addiction program authorized by section 3793.02   865          

of the Revised Code.  The cost of the treatment shall be paid by   866          

the offender.  If the court determines that the offender is        867          

unable to pay the cost of attendance at the treatment program,     869          

the court may order that payment of the cost of the offender's     870          

attendance at the treatment program be made from that court's      871          

indigent drivers alcohol treatment fund.                                        

      Of the fine imposed pursuant to this division, one hundred   873          

twenty-three dollars shall be paid to an enforcement and           874          

education fund established by the legislative authority of the     875          

law enforcement agency in this state that primarily was            876          

responsible for the arrest of the offender, as determined by the   877          

court that imposes the fine.  This share shall be used by the      878          

agency to pay only those costs it incurs in enforcing section      879          

4511.19 of the Revised Code or a substantially similar municipal   880          

ordinance and in informing the public of the laws governing the    881          

                                                          23     


                                                                 
operation of a motor vehicle while under the influence of          882          

alcohol, the dangers of operating a motor vehicle while under the  883          

influence of alcohol, and other information relating to the        884          

operation of a motor vehicle and the consumption of alcoholic      885          

beverages.  Two hundred twenty-seven dollars of the fine imposed   886          

pursuant to this division shall be paid to the political           887          

subdivision responsible for housing the offender during the        888          

offender's term of incarceration.  This share shall be used by     890          

the political subdivision to pay or reimburse incarceration costs  891          

it incurs in housing persons who violate division (A) of section   892          

4511.19 of the Revised Code or a substantially similar municipal   893          

ordinance and to pay for ignition interlock devices and            894          

electronic house arrest equipment for persons who violate that     895          

section and shall be paid to the credit of the fund that pays the  896          

cost of incarceration.  The balance of the fine shall be           897          

disbursed as otherwise provided by law.                            898          

      (b)  Regardless of whether the vehicle the offender was      900          

operating at the time of the offense is registered in the          901          

offender's name or in the name of another person, the court, in    903          

addition to the penalties imposed under division (A)(3)(a) of      904          

this section and all other penalties provided by law and subject   905          

to section 4503.235 of the Revised Code, shall order the           906          

immobilization for one hundred eighty days of the vehicle the      907          

offender was operating at the time of the offense and the          908          

impoundment for one hundred eighty days of the identification      909          

license plates of that vehicle.  The order for the immobilization  910          

and impoundment shall be issued and enforced in accordance with    911          

section 4503.233 of the Revised Code.                              912          

      (4)(a)  If, within six years of the offense, the offender    914          

has been convicted of or pleaded guilty to three or more           915          

violations of division (A) or (B) of section 4511.19 of the        916          

Revised Code, a municipal ordinance relating to operating a        917          

vehicle while under the influence of alcohol, a drug of abuse, or  918          

alcohol and a drug of abuse, a municipal ordinance relating to     919          

                                                          24     


                                                                 
operating a vehicle with a prohibited concentration of alcohol in  920          

the blood, breath, or urine, section 2903.04 of the Revised Code   921          

in a case in which the offender was subject to the sanctions       922          

described in division (D) of that section, section 2903.06,        923          

2903.07, or 2903.08 of the Revised Code or a municipal ordinance   924          

that is substantially similar to section 2903.07 of the Revised    925          

Code in a case in which the jury or judge found that the offender  926          

was under the influence of alcohol, a drug of abuse, or alcohol    927          

and a drug of abuse, or a statute of the United States or of any   929          

other state or a municipal ordinance of a municipal corporation                 

located in any other state that is substantially similar to        930          

division (A) or (B) of section 4511.19 of the Revised Code, or if  931          

the offender previously has been convicted of or pleaded guilty    932          

to a violation of division (A) of section 4511.19 of the Revised   933          

Code under circumstances in which the violation was a felony and   934          

regardless of when the violation and the conviction or guilty      935          

plea occurred, the offender is guilty of a felony of the fourth    936          

degree.  The court shall sentence the offender in accordance with  937          

sections 2929.11 to 2929.19 of the Revised Code and shall impose                

as part of the sentence a mandatory term of local incarceration    938          

of sixty consecutive days of imprisonment in accordance with       939          

division (G)(1) of section 2929.13 of the Revised Code or a        940          

mandatory prison term of sixty consecutive days of imprisonment    941          

in accordance with division (G)(2) of that section, whichever is   942          

applicable.  If the offender is required to serve a mandatory      943          

term of local incarceration of sixty consecutive days of           944          

imprisonment in accordance with division (G)(1) of section                      

2929.13 of the Revised Code, the court, pursuant to section        945          

2929.17 of the Revised Code, may impose upon the offender a        947          

sentence that includes a term of electronically monitored house                 

arrest, provided that the term of electronically monitored house   948          

arrest shall not commence until after the offender has served the  949          

mandatory term of local incarceration.                             950          

      In addition to all other sanctions imposed, the court shall  952          

                                                          25     


                                                                 
impose upon the offender, pursuant to section 2929.18 of the       953          

Revised Code, a fine of not less than seven hundred fifty nor      954          

more than ten thousand dollars.                                    955          

      In addition to any other sanction that it imposes upon the   958          

offender, the court shall require the offender to attend an        960          

alcohol and drug addiction program authorized by section 3793.02   961          

of the Revised Code.  The cost of the treatment shall be paid by   962          

the offender.  If the court determines that the offender is        963          

unable to pay the cost of attendance at the treatment program,     964          

the court may order that payment of the cost of the offender's     965          

attendance at the treatment program be made from the court's       966          

indigent drivers alcohol treatment fund.                           967          

      Of the fine imposed pursuant to this division, two hundred   969          

ten dollars shall be paid to an enforcement and education fund     970          

established by the legislative authority of the law enforcement    971          

agency in this state that primarily was responsible for the        972          

arrest of the offender, as determined by the court that imposes    973          

the fine.  This share shall be used by the agency to pay only      974          

those costs it incurs in enforcing section 4511.19 of the Revised  975          

Code or a substantially similar municipal ordinance and in         976          

informing the public of the laws governing operation of a motor    977          

vehicle while under the influence of alcohol, the dangers of       978          

operation of a motor vehicle while under the influence of          979          

alcohol, and other information relating to the operation of a      980          

motor vehicle and the consumption of alcoholic beverages.  Three   981          

hundred ninety dollars of the fine imposed pursuant to this        982          

division shall be paid to the political subdivision responsible    983          

for housing the offender during the offender's term of             984          

incarceration.  This share shall be used by the political          986          

subdivision to pay or reimburse incarceration costs it incurs in   987          

housing persons who violate division (A) of section 4511.19 of     988          

the Revised Code or a substantially similar municipal ordinance    989          

and to pay for ignition interlock devices and electronic house     990          

arrest equipment for persons who violate that section, and shall   991          

                                                          26     


                                                                 
be paid to the credit of the fund that pays the cost of            992          

incarceration.  The balance of the fine shall be disbursed as      993          

otherwise provided by law.                                                      

      (b)  Regardless of whether the vehicle the offender was      995          

operating at the time of the offense is registered in the          996          

offender's name or in the name of another person, the court, in    998          

addition to the sanctions imposed under division (A)(4)(a) of      999          

this section and all other sanctions provided by law and subject   1,001        

to section 4503.235 of the Revised Code, shall order the criminal  1,003        

forfeiture to the state of the vehicle the offender was operating  1,004        

at the time of the offense.  The order of criminal forfeiture      1,005        

shall be issued and enforced in accordance with section 4503.234   1,006        

of the Revised Code.                                               1,007        

      (c)  As used in division (A)(4)(a) of this section,          1,010        

"mandatory prison term" and "mandatory term of local                            

incarceration" have the same meanings as in section 2929.01 of     1,012        

the Revised Code.                                                               

      If title to a motor vehicle that is subject to an order for  1,014        

criminal forfeiture under this section is assigned or transferred  1,015        

and division (C)(2) or (3) of section 4503.234 of the Revised      1,016        

Code applies, in addition to or independent of any other penalty   1,017        

established by law, the court may fine the offender the value of   1,018        

the vehicle as determined by publications of the national auto     1,019        

dealer's association.  The proceeds from any fine imposed under                 

this division shall be distributed in accordance with division     1,020        

(D)(4) of section 4503.234 of the Revised Code.                    1,021        

      (5)(a)  Except as provided in division (A)(5)(b) of this     1,023        

section, upon a showing that imprisonment would seriously affect   1,024        

the ability of an offender sentenced pursuant to division (A)(1),  1,025        

(2), (3), or (4) of this section to continue the offender's        1,026        

employment, the court may authorize that the offender be granted   1,028        

work release from imprisonment after the offender has served the   1,029        

three, ten, or thirty consecutive days of imprisonment or the      1,030        

mandatory term of local incarceration of sixty consecutive days    1,031        

                                                          27     


                                                                 
that the court is required by division (A)(1), (2), (3), or (4)    1,033        

of this section to impose.  No court shall authorize work release  1,034        

from imprisonment during the three, ten, or thirty consecutive     1,035        

days of imprisonment or the mandatory term of local incarceration  1,036        

or mandatory prison term of sixty consecutive days that the court  1,038        

is required by division (A)(1), (2), (3), or (4) of this section   1,039        

to impose.  The duration of the work release shall not exceed the  1,040        

time necessary each day for the offender to commute to and from    1,041        

the place of employment and the place of imprisonment and the      1,042        

time actually spent under employment.                              1,043        

      (b)  An offender who is sentenced pursuant to division       1,045        

(A)(2) or (3) of this section to a term of imprisonment followed   1,046        

by a period of electronically monitored house arrest is not        1,047        

eligible for work release from imprisonment, but that person       1,048        

shall be permitted work release during the period of               1,049        

electronically monitored house arrest.  The duration of the work   1,050        

release shall not exceed the time necessary each day for the       1,051        

offender to commute to and from the place of employment and the    1,052        

offender's home or other place specified by the sentencing court   1,053        

and the time actually spent under employment.                      1,054        

      (6)  Notwithstanding any section of the Revised Code that    1,056        

authorizes the suspension of the imposition or execution of a      1,057        

sentence, the placement of an offender in any treatment program    1,059        

in lieu of imprisonment, or the use of a community control         1,060        

sanction for an offender convicted of a felony, no court shall     1,061        

suspend the ten or thirty consecutive days of imprisonment         1,062        

required to be imposed on an offender by division (A)(2) or (3)    1,063        

of this section, no court shall place an offender who is           1,064        

sentenced pursuant to division (A)(2), (3), or (4) of this         1,065        

section in any treatment program in lieu of imprisonment until     1,066        

after the offender has served the ten or thirty consecutive days   1,067        

of imprisonment or the mandatory term of local incarceration or    1,068        

mandatory prison term of sixty consecutive days required to be     1,069        

imposed pursuant to division (A)(2), (3), or (4) of this section,  1,070        

                                                          28     


                                                                 
no court that sentences an offender under division (A)(4) of this  1,071        

section shall impose any sanction other than a mandatory term of   1,072        

local incarceration or mandatory prison term to apply to the       1,073        

offender until after the offender has served the mandatory term    1,074        

of local incarceration or mandatory prison term of sixty           1,076        

consecutive days required to be imposed pursuant to division                    

(A)(4) of this section, and no court that imposes a sentence of    1,078        

imprisonment and a period of electronically monitored house        1,079        

arrest upon an offender under division (A)(2) or (3) of this       1,080        

section shall suspend any portion of the sentence or place the     1,081        

offender in any treatment program in lieu of imprisonment or       1,082        

electronically monitored house arrest. Notwithstanding any         1,083        

section of the Revised Code that authorizes the suspension of the  1,084        

imposition or execution of a sentence or the placement of an       1,085        

offender in any treatment program in lieu of imprisonment, no      1,086        

court, except as specifically authorized by division (A)(1) of     1,087        

this section, shall suspend the three consecutive days of          1,088        

imprisonment required to be imposed by division (A)(1) of this     1,089        

section or place an offender who is sentenced pursuant to          1,090        

division (A)(1) of this section in any treatment program in lieu   1,091        

of imprisonment until after the offender has served the three      1,092        

consecutive days of imprisonment required to be imposed pursuant   1,093        

to division (A)(1) of this section.                                1,094        

      (7)  No court shall sentence an offender to an alcohol       1,096        

treatment program pursuant to division (A)(1), (2), (3), or (4)    1,097        

of this section unless the treatment program complies with the     1,098        

minimum standards adopted pursuant to Chapter 3793. of the         1,099        

Revised Code by the director of alcohol and drug addiction         1,100        

services.                                                          1,101        

      (8)  No court shall impose the alternative sentence of a     1,103        

term of imprisonment of five consecutive days plus not less than   1,104        

eighteen consecutive days of electronically monitored house        1,105        

arrest permitted to be imposed by division (A)(2) of this          1,106        

section, or the alternative sentence of a term of imprisonment of  1,107        

                                                          29     


                                                                 
fifteen consecutive days plus not less than fifty-five             1,108        

consecutive days of electronically monitored house arrest          1,109        

permitted to be imposed pursuant to division (A)(3) of this        1,110        

section, unless within sixty days of the date of sentencing, the   1,111        

court issues a written finding, entered into the record, that due  1,112        

to the unavailability of space at the incarceration facility       1,113        

where the offender is required to serve the term of imprisonment   1,114        

imposed upon the offender, the offender will not be able to        1,115        

commence serving the term of imprisonment within the sixty-day     1,117        

period following the date of sentencing.  If the court issues      1,118        

such a finding, the court may impose the alternative sentence      1,119        

comprised of a term of imprisonment and a term of electronically   1,120        

monitored house arrest permitted to be imposed by division (A)(2)  1,121        

or (3) of this section.                                            1,122        

      (B)  Whoever violates section 4511.192, 4511.251, or         1,124        

4511.85 of the Revised Code is guilty of a misdemeanor of the      1,125        

first degree.  The court, in addition to or independent of all     1,126        

other penalties provided by law, may suspend for a period not to   1,127        

exceed one year the driver's or commercial driver's license or     1,128        

permit or nonresident operating privilege of any person who        1,129        

pleads guilty to or is convicted of a violation of section         1,130        

4511.192 of the Revised Code.                                      1,131        

      (C)  Whoever violates section 4511.63, 4511.76, 4511.761,    1,133        

4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is     1,134        

guilty of one of the following:                                    1,135        

      (1)  Except as otherwise provided in division (C)(2) of      1,137        

this section, a minor misdemeanor.                                 1,138        

      (2)  If the offender previously has been convicted of or     1,141        

pleaded guilty to one or more violations of section 4511.63,       1,142        

4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the  1,143        

Revised Code or a municipal ordinance that is substantially        1,144        

similar to any of those sections, a misdemeanor of the fourth      1,147        

degree.                                                                         

      (D)(1)  Whoever violates any provision of sections 4511.01   1,149        

                                                          30     


                                                                 
to 4511.76 or section 4511.84 of the Revised Code, for which no    1,150        

penalty otherwise is provided in this section is guilty of one of  1,151        

the following:                                                     1,152        

      (a)  Except as otherwise provided in division (D)(1)(b),     1,155        

(1)(c), (2), or (3) of this section, a minor misdemeanor;          1,156        

      (b)  If, within one year of the offense, the offender        1,158        

previously has been convicted of or pleaded guilty to one          1,160        

violation of any provision of sections 4511.01 to 4511.76 or       1,162        

section 4511.84 of the Revised Code for which no penalty           1,163        

otherwise is provided in this section or a municipal ordinance     1,165        

that is substantially similar to any provision of sections         1,166        

4511.01 to 4511.76 or section 4511.84 of the Revised Code for      1,167        

which no penalty otherwise is provided in this section, a          1,168        

misdemeanor of the fourth degree;                                  1,170        

      (c)  If, within one year of the offense, the offender        1,172        

previously has been convicted of or pleaded guilty to two or more  1,173        

violations of any provision described in division (D)(1)(b) of     1,175        

this section or any municipal ordinance that is substantially      1,176        

similar to any of those provisions, a misdemeanor of the third     1,177        

degree.                                                            1,178        

      (2)  When any person is found guilty of a first offense for  1,180        

a violation of section 4511.21 of the Revised Code upon a finding  1,181        

that the person operated a motor vehicle faster than thirty-five   1,183        

miles an hour in a business district of a municipal corporation,   1,184        

or faster than fifty miles an hour in other portions, or faster    1,185        

than thirty-five miles an hour while passing through a school      1,186        

zone during recess or while children are going to or leaving       1,187        

school during the opening or closing hours, the person is guilty   1,188        

of a misdemeanor of the fourth degree.                             1,189        

      (3)  Notwithstanding section 2929.21 of the Revised Code,    1,191        

upon a finding that such person operated a motor vehicle in a      1,192        

construction zone where a sign was then posted in accordance with  1,193        

section 4511.98 of the Revised Code, the court, in addition to     1,194        

all other penalties provided by law, shall impose a fine of two    1,195        

                                                          31     


                                                                 
times the usual amount imposed for the violation.  No court shall  1,196        

impose a fine of two times the usual amount imposed for the        1,197        

violation upon an offender who alleges, in an affidavit filed      1,198        

with the court prior to the offender's sentencing, that the        1,199        

offender is indigent and is unable to pay the fine imposed         1,200        

pursuant to this division, provided the court determines the       1,201        

offender is an indigent person and is unable to pay the fine.      1,202        

      (E)  Whenever a person is found guilty in a court of record  1,204        

of a violation of section 4511.761, 4511.762, or 4511.77 of the    1,205        

Revised Code, the trial judge, in addition to or independent of    1,206        

all other penalties provided by law, may suspend for any period    1,207        

of time not exceeding three years, or revoke the license of any    1,208        

person, partnership, association, or corporation, issued under     1,209        

section 4511.763 of the Revised Code.                              1,210        

      (F)  Whoever violates division (E) or (F) of section         1,212        

4511.51, division (A), (D), or (E) of section 4511.521, section    1,213        

4511.681, division (A), OR (C), or (F) of section 4511.69,         1,215        

section 4511.772, or division (A) or (B) of section 4511.82 of                  

the Revised Code is guilty of a minor misdemeanor.                 1,216        

      (G)  Whoever violates division (A) of section 4511.75 of     1,218        

the Revised Code may be fined an amount not to exceed five         1,219        

hundred dollars.  A person who is issued a citation for a          1,220        

violation of division (A) of section 4511.75 of the Revised Code   1,221        

is not permitted to enter a written plea of guilty and waive the   1,222        

person's right to contest the citation in a trial, but instead     1,223        

must appear in person in the proper court to answer the charge.    1,224        

      (H)(1)  Whoever is a resident of this state and violates     1,226        

division (A) or (B) of section 4511.81 of the Revised Code shall   1,227        

be punished as follows:                                            1,228        

      (a)  Except as otherwise provided in division (H)(1)(b) of   1,230        

this section, the offender is guilty of a minor misdemeanor.       1,232        

      (b)  If the offender previously has been convicted of or     1,234        

pleaded guilty to a violation of division (A) or (B) of section    1,235        

4511.81 of the Revised Code or of a municipal ordinance that is    1,237        

                                                          32     


                                                                 
substantially similar to either of those divisions, the offender   1,238        

is guilty of a misdemeanor of the fourth degree.                   1,239        

      (2)  Whoever is not a resident of this state, violates       1,241        

division (A) or (B) of section 4511.81 of the Revised Code, and    1,242        

fails to prove by a preponderance of the evidence that the         1,243        

offender's use or nonuse of a child restraint system was in        1,244        

accordance with the law of the state of which the offender is a    1,246        

resident is guilty of a minor misdemeanor on a first offense; on   1,248        

a second or subsequent offense, that person is guilty of a         1,249        

misdemeanor of the fourth degree.                                  1,250        

      (3)  Sixty-five per cent of every fine imposed pursuant to   1,252        

division (H)(1) or (2) of this section shall be forwarded to the   1,253        

treasurer of state for deposit in the "child highway safety fund"  1,254        

created by division (G) of section 4511.81 of the Revised Code.    1,255        

The balance of the fine shall be disbursed as otherwise provided   1,256        

by law.                                                            1,257        

      (I)  Whoever violates section 4511.202 of the Revised Code   1,259        

is guilty of operating a motor vehicle without being in control    1,260        

of it, a minor misdemeanor.                                        1,261        

      (J)  Whoever violates division (B) of section 4511.74,       1,263        

division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of       1,264        

section 4511.83 of the Revised Code is guilty of a misdemeanor of  1,265        

the first degree.                                                  1,266        

      (K)  Except as otherwise provided in this division, whoever  1,268        

violates division (E) of section 4511.11, division (A) or (C) of   1,269        

section 4511.17, or section 4511.18 of the Revised Code is guilty  1,270        

of a misdemeanor of the third degree.  If a violation of division  1,271        

(A) or (C) of section 4511.17 of the Revised Code creates a risk   1,272        

of physical harm to any person, the offender is guilty of a        1,273        

misdemeanor of the first degree.  A violation of division (A) or   1,274        

(C) of section 4511.17 of the Revised Code that causes serious     1,275        

physical harm to property that is owned, leased, or controlled by  1,276        

a state or local authority is a felony of the fifth degree.        1,278        

      (L)  Whoever violates division (H) of section 4511.69 of     1,280        

                                                          33     


                                                                 
the Revised Code shall be punished as follows:                     1,281        

      (1)  Except as otherwise provided in division (L)(2) of      1,284        

this section, the offender shall be issued a warning.              1,285        

      (2)  If the offender previously has been convicted of or     1,287        

pleaded guilty to a violation of division (H) of section 4511.69   1,288        

of the Revised Code or of a municipal ordinance that is            1,289        

substantially similar to that division, the offender shall not be  1,290        

issued a warning but shall be fined twenty-five dollars for each   1,291        

parking location that is not properly marked or whose markings     1,293        

are not properly maintained.                                                    

      (M)  Whoever violates division (A)(1) or (2) of section      1,295        

4511.45 of the Revised Code is guilty of a misdemeanor of the      1,296        

fourth degree on a first offense; on a second offense within one   1,297        

year after the first offense, the person is guilty of a            1,298        

misdemeanor of the third degree; and on each subsequent offense    1,299        

within one year after the first offense, the person is guilty of   1,300        

a misdemeanor of the second degree.                                1,301        

      (N)(1)  Whoever violates division (B) of section 4511.19 of  1,304        

the Revised Code is guilty of operating a motor vehicle after                   

under-age alcohol consumption and shall be punished as follows:    1,305        

      (a)  Except as otherwise provided in division (N)(1)(b) of   1,308        

this section, the offender is guilty of a misdemeanor of the       1,310        

fourth degree.                                                                  

      (b)  If, within one year of the offense, the offender has    1,312        

been convicted of or pleaded guilty to any violation of division   1,313        

(A) or (B) of section 4511.19 of the Revised Code, a municipal     1,314        

ordinance relating to operating a vehicle while under the          1,315        

influence of alcohol, a drug of abuse, or alcohol and a drug of    1,316        

abuse, a municipal ordinance relating to operating a vehicle with  1,317        

a prohibited concentration of alcohol in the blood, breath, or     1,318        

urine, section 2903.04 of the Revised Code in a case in which the  1,319        

offender was subject to the sanctions described in division (D)    1,320        

of that section, section 2903.06, 2903.07, or 2903.08 of the       1,321        

Revised Code or a municipal ordinance that is substantially        1,322        

                                                          34     


                                                                 
similar to section 2903.07 of the Revised Code in a case in which  1,323        

the jury or judge found that the offender was under the influence  1,324        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,325        

statute of the United States or of any other state or a municipal  1,327        

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    1,328        

4511.19 of the Revised Code, the offender is guilty of a           1,329        

misdemeanor of the third degree.                                                

      (2)  In addition to or independent of all other penalties    1,331        

provided by law, the offender's driver's or commercial driver's    1,332        

license or permit or nonresident operating privilege shall be      1,333        

suspended in accordance with, and for the period of time           1,334        

specified in, division (E) of section 4507.16 of the Revised       1,335        

Code.                                                              1,336        

      (O)  Whoever violates section 4511.62 of the Revised Code    1,339        

is guilty of a misdemeanor of the fourth degree.                                

      (P)  WHOEVER VIOLATES DIVISION (F)(1)(a) OR (b) OF SECTION   1,342        

4511.69 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR AND SHALL   1,345        

BE FINED NOT LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE                     

HUNDRED DOLLARS, BUT IN NO CASE SHALL AN OFFENDER BE SENTENCED TO  1,347        

ANY TERM OF IMPRISONMENT.                                          1,348        

      ARREST OR CONVICTION FOR A VIOLATION OF DIVISION (F)(1)(a)   1,351        

OR (b) OF SECTION 4511.69 OF THE REVISED CODE DOES NOT CONSTITUTE  1,353        

A CRIMINAL RECORD AND NEED NOT BE REPORTED BY THE PERSON SO        1,354        

ARRESTED OR CONVICTED IN RESPONSE TO ANY INQUIRIES CONTAINED IN    1,355        

ANY APPLICATION FOR EMPLOYMENT, LICENSE, OR OTHER RIGHT OR         1,356        

PRIVILEGE, OR MADE IN CONNECTION WITH THE PERSON'S APPEARANCE AS   1,357        

A WITNESS.                                                         1,358        

      EVERY FINE COLLECTED UNDER THIS DIVISION SHALL BE PAID BY    1,360        

THE CLERK OF THE COURT TO THE POLITICAL SUBDIVISION IN WHICH THE   1,361        

VIOLATION OCCURRED.  EXCEPT AS PROVIDED IN THIS DIVISION, THE      1,362        

POLITICAL SUBDIVISION SHALL USE THE FINE MONEYS IT RECEIVES UNDER  1,363        

THIS DIVISION TO PAY THE EXPENSES IT INCURS IN COMPLYING WITH THE  1,365        

SIGNAGE AND NOTICE REQUIREMENTS CONTAINED IN DIVISION (E) OF                    

                                                          35     


                                                                 
SECTION 4511.69 OF THE REVISED CODE.  THE POLITICAL SUBDIVISION    1,366        

MAY USE UP TO FIFTY PER CENT OF EACH FINE IT RECEIVES UNDER THIS   1,367        

DIVISION TO PAY THE COSTS OF EDUCATIONAL, ADVOCACY, SUPPORT, AND   1,368        

ASSISTIVE TECHNOLOGY PROGRAMS FOR PERSONS WITH DISABILITIES, AND   1,369        

FOR PUBLIC IMPROVEMENTS WITHIN THE POLITICAL SUBDIVISION THAT      1,370        

BENEFIT OR ASSIST PERSONS WITH DISABILITIES, IF GOVERNMENTAL       1,371        

AGENCIES OR NONPROFIT ORGANIZATIONS OFFER THE PROGRAMS.            1,372        

      Sec. 4731.481.  NO PHYSICIAN SHALL DO EITHER OF THE          1,374        

FOLLOWING:                                                         1,375        

      (A)  FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO        1,376        

ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD,     1,377        

TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER    1,378        

SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES  1,379        

NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT  1,380        

SECTION;                                                                        

      (B)  FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN       1,382        

DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE         1,384        

PRESCRIPTION THE LENGTH OF TIME THE PHYSICIAN EXPECTS THE PERSON                

TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S         1,386        

ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD  1,388        

ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF   1,389        

TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR        1,391        

PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES.              1,392        

      Sec. 4731.99.  (A)  Whoever violates section 4731.41,        1,401        

4731.43, or 4731.60 of the Revised Code is guilty of a felony of   1,403        

the fifth degree on a first offense and a felony of the fourth     1,404        

degree on each subsequent offense.                                 1,405        

      (B)  Whoever violates section 4731.49, 4731.50, or 4731.81   1,408        

of the Revised Code is guilty of a misdemeanor of the fourth       1,409        

degree on a first offense and a misdemeanor of the first degree                 

on each subsequent offense.                                        1,410        

      (C)  Whoever violates section 4731.46 or 4731.47 of the      1,412        

Revised Code is guilty of a felony of the fifth degree.            1,413        

      (D)  Whoever violates section 4731.48 of the Revised Code    1,415        

                                                          36     


                                                                 
is guilty of a misdemeanor of the fourth degree.                   1,416        

      (E)  Whoever violates division (A), (B), (C), or (D) of      1,418        

section 4731.224 of the Revised Code is guilty of a minor          1,419        

misdemeanor on a first offense and a misdemeanor of the fourth     1,420        

degree on each subsequent offense, except that an individual       1,423        

guilty of a subsequent offense shall not be subject to             1,424        

imprisonment, but to a fine alone of up to one thousand dollars    1,425        

for each offense.                                                               

      (F)  WHOEVER VIOLATES SECTION 4731.481 OF THE REVISED CODE   1,427        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    1,428        

      Sec. 4734.23.  NO CHIROPRACTOR SHALL DO EITHER OF THE        1,430        

FOLLOWING:                                                         1,431        

      (A)  FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO        1,432        

ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD,     1,434        

TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER    1,435        

SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES  1,436        

NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT  1,437        

SECTION;                                                                        

      (B)  FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN       1,439        

DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE         1,441        

PRESCRIPTION THE LENGTH OF TIME THE CHIROPRACTOR EXPECTS THE                    

PERSON TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S  1,443        

ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD  1,445        

ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF   1,446        

TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR        1,448        

PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES.              1,449        

      Sec. 4734.99.  (A)  Whoever violates section 4734.17 of the  1,458        

Revised Code is guilty of a misdemeanor of the second degree on a  1,459        

first offense and a felony of the fifth degree on each subsequent  1,460        

offense.                                                                        

      (B)  WHOEVER VIOLATES SECTION 4734.23 OF THE REVISED CODE    1,462        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    1,463        

      Section 2.  That existing sections 3781.111, 4503.44,        1,465        

4511.69, 4511.99, 4731.99, and 4734.99 of the Revised Code are     1,466        

                                                          37     


                                                                 
hereby repealed.                                                   1,467