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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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