As Reported by the Senate Highways and Transportation 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-COUGHLIN-SCHUCK- 10
ROBERTS-NETZLEY-O'BRIEN-BUCHY-PETERSON-VERICH-DISTEL- 11
GOODMAN-BARNES-ALLEN-PATTON-FERDERBER-HOLLISTER- 13
D. MILLER-KREBS-SALERNO-METELSKY-DePIERO-PERZ-
HOUSEHOLDER-YOUNG-SUTTON-FORD-MAIER-HARTNETT- 14
GRENDELL-CORE-TIBERI-METZGER-BOYD-HARRIS-AUSTRIA 15
_________________________________________________________________ 16
A B I L L
To amend sections 109.77, 3781.111, 4503.44, 17
4511.69, 4511.99, 4731.99, and 4734.99 and to 18
enact sections 4731.481 and 4734.23 of the 19
Revised Code to increase the penalties for a 20
violation of the special parking privileges 22
established for persons with certain
disabilities, to make changes in the application 23
process for removable windshield placards, to 24
clarify the status of certain enforcement agents 25
of the Department of Public Safety in regard to 26
completion of a peace officer training program, 27
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 109.77, 3781.111, 4503.44, 31
4511.69, 4511.99, 4731.99, and 4734.99 be amended and sections 32
4731.481 and 4734.23 of the Revised Code be enacted to read as 33
follows:
Sec. 109.77. (A) As used in this section, "felony" has 42
the same meaning as in section 109.511 of the Revised Code. 43
2
(B)(1) Notwithstanding any general, special, or local law 46
or charter to the contrary, and except as otherwise provided in 47
this section, no person shall receive an original appointment on 48
a permanent basis as any of the following unless the person 49
previously has been awarded a certificate by the executive 50
director of the Ohio peace officer training commission attesting 51
to the person's satisfactory completion of an approved state, 52
county, municipal, or department of natural resources peace 53
officer basic training program:
(a) A peace officer of any county, township, municipal 55
corporation, regional transit authority, or metropolitan housing 56
authority;
(b) A natural resources law enforcement staff officer, 58
park officer, forest officer, preserve officer, wildlife officer, 60
or state watercraft officer of the department of natural 61
resources;
(c) An employee of a park district under section 511.232 63
or 1545.13 of the Revised Code; 64
(d) An employee of a conservancy district who is 66
designated pursuant to section 6101.75 of the Revised Code; 67
(e) A state university law enforcement officer; 69
(f) A special police officer employed by the department of 71
mental health pursuant to section 5119.14 of the Revised Code or 72
the department of mental retardation and developmental 73
disabilities pursuant to section 5123.13 of the Revised Code; 74
(g) An enforcement agent of the department of public 77
safety whom the director of public safety designates under 79
section 5502.14 of the Revised Code.
(2) Every person who is appointed on a temporary basis or 81
for a probationary term or on other than a permanent basis as any 82
of the following shall forfeit the appointed position unless the 84
person previously has completed satisfactorily or, within the 85
time prescribed by rules adopted by the attorney general pursuant 86
to section 109.74 of the Revised Code, satisfactorily completes a 87
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state, county, municipal, or department of natural resources 88
peace officer basic training program for temporary or 89
probationary officers and is awarded a certificate by the 90
director attesting to the satisfactory completion of the program: 91
(a) A peace officer of any county, township, municipal 93
corporation, regional transit authority, or metropolitan housing 94
authority;
(b) A natural resources law enforcement staff officer, 96
park officer, forest officer, preserve officer, wildlife officer, 98
or state watercraft officer of the department of natural 99
resources;
(c) An employee of a park district under section 511.232 101
or 1545.13 of the Revised Code; 102
(d) An employee of a conservancy district who is 104
designated pursuant to section 6101.75 of the Revised Code; 105
(e) A special police officer employed by the department of 107
mental health pursuant to section 5119.14 of the Revised Code or 108
the department of mental retardation and developmental 109
disabilities pursuant to section 5123.13 of the Revised Code; 110
(f) An enforcement agent of the department of public 113
safety whom the director of public safety designates under 115
section 5502.14 of the Revised Code.
(3) For purposes of division (B) of this section, a state, 117
county, municipal, or department of natural resources peace 118
officer basic training program, regardless of whether the program 119
is to be completed by peace officers appointed on a permanent or 120
temporary, probationary, or other nonpermanent basis, shall 121
include at least fifteen hours of training in the handling of the 122
offense of domestic violence, other types of domestic 123
violence-related offenses and incidents, and protection orders 124
and consent agreements issued or approved under section 2919.26 125
or 3113.31 of the Revised Code and at least six hours of crisis 126
intervention training. The requirement to complete fifteen hours 127
of training in the handling of the offense of domestic violence, 128
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other types of domestic violence-related offenses and incidents, 129
and protection orders and consent agreements issued or approved 130
under section 2919.26 or 3113.31 of the Revised Code does not 131
apply to any person serving as a peace officer on March 27, 1979, 132
and the requirement to complete six hours of training in crisis 133
intervention does not apply to any person serving as a peace 134
officer on April 4, 1985. Any person who is serving as a peace 135
officer on April 4, 1985, who terminates that employment after 136
that date, and who subsequently is hired as a peace officer by 137
the same or another law enforcement agency shall complete the six 138
hours of training in crisis intervention within the time 139
prescribed by rules adopted by the attorney general pursuant to 140
section 109.742 of the Revised Code. No peace officer shall have 141
employment as a peace officer terminated and then be reinstated 142
with intent to circumvent this section. 143
(4) Division (B) of this section does not apply to any 145
person serving on a permanent basis on March 28, 1985, as a park 146
officer, forest officer, preserve officer, wildlife officer, or 147
state watercraft officer of the department of natural resources 148
or as an employee of a park district under section 511.232 or 149
1545.13 of the Revised Code, to any person serving on a permanent 150
basis on March 6, 1986, as an employee of a conservancy district 151
designated pursuant to section 6101.75 of the Revised Code, to 152
any person serving on a permanent basis on January 10, 1991, as a 153
preserve officer of the department of natural resources, to any 155
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 157
pursuant to section 5119.14 of the Revised Code or by the 158
department of mental retardation and developmental disabilities 159
pursuant to section 5123.13 of the Revised Code, or to any person 160
serving on a permanent basis on June 19, 1978, as a state 161
university law enforcement officer pursuant to section 3345.04 of 162
the Revised Code and who, immediately prior to June 19, 1978, was 163
serving as a special police officer designated under authority of 164
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that section, OR TO ANY PERSON SERVING ON A PERMANENT BASIS ON 165
SEPTEMBER 20, 1984, AS A LIQUOR CONTROL INVESTIGATOR, KNOWN AFTER 166
JUNE 30, 1999, AS AN ENFORCEMENT AGENT OF THE DEPARTMENT OF 167
PUBLIC SAFETY, ENGAGED IN THE ENFORCEMENT OF CHAPTERS 4301. AND 168
4303. OF THE REVISED CODE.
(5) Division (B) of this section does not apply to any 170
person who is appointed as a regional transit authority police 171
officer pursuant to division (Y) of section 306.35 of the Revised 172
Code if, on or before July 1, 1996, the person has completed 173
satisfactorily an approved state, county, municipal, or 175
department of natural resources peace officer basic training 176
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 177
to the person's satisfactory completion of such an approved 178
program and if, on July 1, 1996, the person is performing peace 179
officer functions for a regional transit authority. 180
(C) No person, after September 20, 1984, shall receive an 182
original appointment on a permanent basis as an Ohio veterans' 183
home police officer designated under section 5907.02 of the 186
Revised Code unless the person previously has been awarded a 187
certificate by the executive director of the Ohio peace officer 188
training commission attesting to the person's satisfactory 189
completion of an approved police officer basic training program. 190
Every person who is appointed on a temporary basis or for a 192
probationary term or on other than a permanent basis as an Ohio 193
veterans' home police officer designated under section 5907.02 of 194
the Revised Code shall forfeit that position unless the person 195
previously has completed satisfactorily or, within one year from 196
the time of appointment, satisfactorily completes an approved 198
police officer basic training program. 199
(D) No bailiff or deputy bailiff of a court of record of 201
this state and no criminal investigator who is employed by the 202
state public defender shall carry a firearm, as defined in 203
section 2923.11 of the Revised Code, while on duty unless the 204
6
bailiff, deputy bailiff, or criminal investigator has done or 206
received one of the following:
(1) Has been awarded a certificate by the executive 208
director of the Ohio peace officer training commission, which 209
certificate attests to satisfactory completion of an approved 210
state, county, or municipal basic training program for bailiffs 211
and deputy bailiffs of courts of record and for criminal 212
investigators employed by the state public defender that has been 213
recommended by the Ohio peace officer training commission; 214
(2) Has successfully completed a firearms training program 217
approved by the Ohio peace officer training commission prior to 218
employment as a bailiff, deputy bailiff, or criminal 219
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 222
firearm by the court that employed the bailiff or deputy bailiff 223
or, in the case of a criminal investigator, by the state public 225
defender and has received training in the use of firearms that 226
the Ohio peace officer training commission determines is 227
equivalent to the training that otherwise is required by division 228
(D) of this section. 229
(E)(1) Prior to awarding any certificate prescribed in 232
this section, the executive director of the Ohio peace officer 233
training commission shall request the person to whom the 234
certificate is to be awarded to disclose, and the person shall 235
disclose, any previous criminal conviction of or plea of guilty 236
of that person to a felony.
(2) Prior to the award by the executive director of the 239
commission of any certificate prescribed in this section, the 240
prospective employer of the person to whom the certificate is to 241
be awarded or the commander of the peace officer training school 242
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 244
records check on the person. Upon receipt of the request, the 245
bureau promptly shall conduct a criminal history records check on 246
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the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 247
prospective employer or peace officer training school commander 248
that made the request. Upon receipt of the copy of the criminal 250
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 251
shall submit the copy to the executive director of the Ohio peace 253
officer training commission. The executive director shall not 254
award any certificate prescribed in this section unless the 255
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 256
awarded.
(3) The executive director of the commission shall not 258
award a certificate prescribed in this section to a person who 259
has been convicted of or has pleaded guilty to a felony or who 260
fails to disclose any previous criminal conviction of or plea of 261
guilty to a felony as required under division (E)(1) of this 262
section.
(4) The executive director of the commission shall revoke 264
the certificate awarded to a person as prescribed in this 265
section, and that person shall forfeit all of the benefits 266
derived from being certified as a peace officer under this 267
section, if the person, prior to the award of the certificate, 268
failed to disclose any previous criminal conviction of or plea of 269
guilty to a felony as required under division (E)(1) of this 271
section.
(F)(1) Regardless of whether the person has been awarded 273
the certificate or has been classified as a peace officer prior 274
to, on, or after October 16, 1996, the executive director of the 278
Ohio peace officer training commission shall revoke any 279
certificate that has been awarded to a person as prescribed in 280
this section if the person does either of the following: 281
(a) Pleads guilty to a felony committed on or after 283
January 1, 1997. 284
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(b) Pleads guilty to a misdemeanor committed on or after 287
January 1, 1997, pursuant to a negotiated plea agreement as 288
provided in division (D) of section 2929.29 of the Revised Code 289
in which the person agrees to surrender the certificate awarded 291
to the person under this section. 292
(2) The executive director of the commission shall suspend 294
any certificate that has been awarded to a person as prescribed 295
in this section if the person is convicted, after trial, of a 296
felony committed on or after January 1, 1997. The executive 298
director shall suspend the certificate pursuant to division 299
(F)(2) of this section pending the outcome of an appeal by the 300
person from that conviction to the highest court to which the 302
appeal is taken or until the expiration of the period in which an 303
appeal is required to be filed. If the person files an appeal 304
that results in that person's acquittal of the felony or 305
conviction of a misdemeanor, or in the dismissal of the felony 306
charge against that person, the executive director shall 307
reinstate the certificate awarded to the person under this 308
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 310
highest court to which the appeal is taken or if the person does 311
not file a timely appeal, the executive director shall revoke the 312
certificate awarded to the person under this section. 313
(G)(1) If a person is awarded a certificate under this 316
section and the certificate is revoked pursuant to division
(E)(4) or (F) of this section, the person shall not be eligible 318
to receive, at any time, a certificate attesting to the person's 319
satisfactory completion of a peace officer basic training 320
program.
(2) The revocation or suspension of a certificate under 322
division (E)(4) or (F) of this section shall be in accordance 323
with Chapter 119. of the Revised Code. 324
(H)(1) A person who was employed as a peace officer of a 326
county, township, or municipal corporation of the state on 327
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January 1, 1966, and who has completed at least sixteen years of 328
full-time active service as such a peace officer may receive an 329
original appointment on a permanent basis and serve as a peace 330
officer of a county, township, or municipal corporation, or as a 331
state university law enforcement officer, without complying with 332
the requirements of division (B) of this section. 333
(2) Any person who held an appointment as a state highway 335
trooper on January 1, 1966, may receive an original appointment 336
on a permanent basis and serve as a peace officer of a county, 337
township, or municipal corporation, or as a state university law 338
enforcement officer, without complying with the requirements of 339
division (B) of this section. 340
(I) No person who is appointed as a peace officer of a 342
county, township, or municipal corporation on or after April 9, 343
1985, shall serve as a peace officer of that county, township, or 344
municipal corporation unless the person has received training in 345
the handling of missing children and child abuse and neglect 346
cases from an approved state, county, township, or municipal 347
police officer basic training program or receives the training 348
within the time prescribed by rules adopted by the attorney 349
general pursuant to section 109.741 of the Revised Code. 350
(J) No part of any approved state, county, or municipal 352
basic training program for bailiffs and deputy bailiffs of courts 353
of record and no part of any approved state, county, or municipal 354
basic training program for criminal investigators employed by the 355
state public defender shall be used as credit toward the 356
completion by a peace officer of any part of the approved state, 357
county, or municipal peace officer basic training program that 358
the peace officer is required by this section to complete 359
satisfactorily. 360
(K) This section does not apply to any member of the 362
police department of a municipal corporation in an adjoining 363
state serving in this state under a contract pursuant to section 364
737.04 of the Revised Code. 365
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Sec. 3781.111. (A) In addition to the powers conferred by 374
any other section of the Revised Code, the board of building 375
standards shall adopt standards and rules to facilitate the 376
reasonable access and use by all handicapped persons of all 377
buildings and the facilities of buildings for which plans are 378
submitted for approval under section 3791.04 of the Revised Code. 379
No standard or rule shall be applied to any building the plans or 380
drawings, specifications, and date of which have been approved 381
prior to the time that the standard or rule takes effect. 382
(B) Except as otherwise provided in this section, the 384
standards and rules adopted by the board pursuant to this section 385
shall be in accordance with THE "The Americans With WITH 386
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as 388
amended, and THE "The Fair Housing Amendments ACT of 1988," 102 389
Stat. 1619, 42 U.S.C.A. 3601, as amended. 390
(C) All signs posted to designate special parking 392
locations for handicapped persons and persons with disabilities 393
that limit or impair the ability to walk in accordance with 394
division (E) of section 4511.69 of the Revised Code and the 395
standards and rules adopted pursuant to this section shall be 396
mounted on a fixed or movable post or otherwise affixed in a 397
vertical position at a height so that the sign is clearly visible 398
to the driver of a vehicle when parked in such a location. IF A 399
NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING 400
LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS 401
AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT 402
SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES 403
THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN 404
THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS 405
NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION. 406
(D) As used in this section, "handicapped person" has the 408
same meaning as in section 4112.01 of the Revised Code. As used 409
in division (C) of this section, "persons with disabilities that 410
limit or impair the ability to walk" has the same meaning as in 411
11
division (A)(1) of section 4503.44 of the Revised Code. 412
(E) No owner of a building or facility where special 414
parking locations for handicapped persons must be designated in 415
accordance with the standards and rules adopted pursuant to this 416
section shall fail to properly mark the special parking locations 417
as required by those standards and rules or fail to maintain the 418
markings of the special parking locations, including the erection 419
and maintenance of the fixed or movable signs. 420
Sec. 4503.44. (A) As used in this section and in section 429
4511.69 of the Revised Code: 430
(1) "Person with a disability that limits or impairs the 432
ability to walk" means any person who, as determined by a 433
physician or chiropractor, meets any of the following criteria: 434
(a) Cannot walk two hundred feet without stopping to rest; 436
(b) Cannot walk without the use of, or assistance from, a 438
brace, cane, crutch, another person, prosthetic device, 439
wheelchair, or other assistive device; 440
(c) Is restricted by a lung disease to such an extent that 442
the person's forced (respiratory) expiratory volume for one 443
second, when measured by spirometry, is less than one liter, or 444
the arterial oxygen tension is less than sixty millimeters of 445
mercury on room air at rest;
(d) Uses portable oxygen; 447
(e) Has a cardiac condition to the extent that the 449
person's functional limitations are classified in severity as 450
class III or class IV according to standards set by the American 451
heart association;
(f) Is severely limited in the ability to walk due to an 453
arthritic, neurological, or orthopedic condition; 454
(g) Is blind. 456
(2) "Organization" means any private organization or 458
corporation, or any governmental board, agency, department, 459
division, or office, that, as part of its business or program, 460
transports persons with disabilities that limit or impair the 461
12
ability to walk on a regular basis in a motor vehicle that has 463
not been altered for the purpose of providing it with special 464
equipment for use by handicapped persons. This definition does
not apply to division (J) of this section. 465
(3) "Physician" means a person licensed to practice 467
medicine or surgery or osteopathic medicine and surgery under 468
Chapter 4731. of the Revised Code. 469
(4) "Chiropractor" means a person licensed to practice 471
chiropractic under Chapter 4734. of the Revised Code. 472
(B) Any organization or person with a disability that 474
limits or impairs the ability to walk may apply to the registrar 477
of motor vehicles for a removable windshield placard or, if the 478
person owns or leases a motor vehicle, the person may apply for 479
the registration of any motor vehicle the person owns or leases. 480
In addition to one or more sets of license plates or one placard, 481
a person with a disability that limits or impairs the ability to 482
walk shall be IS entitled to one additional placard, BUT ONLY IF 483
THE PERSON APPLIES SEPARATELY FOR THE ADDITIONAL PLACARD, STATES 485
THE REASONS WHY THE ADDITIONAL PLACARD IS NEEDED, AND THE 486
REGISTRAR, IN THE REGISTRAR'S DISCRETION, DETERMINES THAT GOOD 487
AND JUSTIFIABLE CAUSE EXISTS TO APPROVE THE REQUEST FOR THE 488
ADDITIONAL PLACARD. When a motor vehicle has been altered for 490
the purpose of providing it with special equipment for a person 491
with a disability that limits or impairs the ability to walk, but 492
is owned or leased by someone other than such a person, the owner 493
or lessee may apply to the registrar or a deputy registrar for 494
registration under this section. The application for 495
REGISTRATION OF a removable windshield placard made MOTOR VEHICLE 496
OWNED OR LEASED by a person with a disability that limits or 497
impairs the ability to walk or for registration of a motor 498
vehicle owned or leased by such a person shall be accompanied by 499
a signed statement from the applicant's personal physician or 500
chiropractor certifying that the applicant meets at least one of 501
the criteria contained in division (A)(1) of this section and 503
13
that the disability is expected to continue for more than six 504
consecutive months. THE APPLICATION FOR A REMOVABLE WINDSHIELD 505
PLACARD MADE BY A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS 506
THE ABILITY TO WALK SHALL BE ACCOMPANIED BY A PRESCRIPTION FROM 507
THE APPLICANT'S PERSONAL PHYSICIAN OR CHIROPRACTOR PRESCRIBING 508
SUCH A PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT 509
CERTIFYING THAT THE APPLICANT MEETS AT LEAST ONE OF THE CRITERIA 510
CONTAINED IN DIVISION (A)(1) OF THIS SECTION. THE PHYSICIAN OR 511
CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE LENGTH OF TIME 512
THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE 513
DISABILITY THAT LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO 515
WALK. The application for a removable windshield placard made by 516
an organization shall be accompanied by such documentary evidence 517
of regular transport of persons with disabilities that limit or 518
impair the ability to walk by the organization as the registrar 520
may require by rule and shall be completed in accordance with 521
procedures that the registrar may require by rule. The 522
application for registration of a motor vehicle that has been 523
altered for the purpose of providing it with special equipment 524
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 526
accompanied by such documentary evidence of vehicle alterations 527
as the registrar may require by rule. 528
(C) When an organization, a person with a disability that 531
limits or impairs the ability to walk, or a person who does not 532
have a disability that limits or impairs the ability to walk but
owns a motor vehicle that has been altered for the purpose of 534
providing it with special equipment for a person with a 535
disability that limits or impairs the ability to walk first 536
submits an application for registration of a motor vehicle under 537
this section and every fifth year thereafter, the organization or 538
person shall submit a signed statement from the applicant's 539
personal physician or chiropractor or, A COMPLETED APPLICATION, 540
AND ANY REQUIRED documentary evidence of vehicle alterations as 541
14
provided in division (B) of this section, and also a power of 542
attorney from the owner of the motor vehicle if the applicant 543
leases the vehicle. Upon submission of these items, the 545
registrar or deputy registrar shall issue to the applicant
appropriate vehicle registration and a set of license plates and 546
validation stickers, or validation stickers alone when required 547
by section 4503.191 of the Revised Code. In addition to the 548
letters and numbers ordinarily inscribed thereon, the license 549
plates shall be imprinted with the international symbol of 550
access. The license plates and validation stickers shall be 551
issued upon payment of the regular license fee as prescribed 552
under section 4503.04 of the Revised Code and any motor vehicle 553
tax levied under Chapter 4504. of the Revised Code, and the 554
payment of a service fee equal to the amount specified in 555
division (D) or (G) of section 4503.10 of the Revised Code. 556
(D)(1) Upon receipt of an A COMPLETED AND SIGNED 558
application for a removable windshield placard and presentation 561
of a signed statement from the applicant's personal physician or 562
chiropractor as provided in division (B) of this section, if 563
required, or presentation of, A PRESCRIPTION AS DESCRIBED IN 564
DIVISION (B) OF THIS SECTION, documentary evidence of regular 566
transport of persons with disabilities that limit or impair the 567
ability to walk, if required, and, except as otherwise provided 568
in division (F) of this section, payment of a fee of five 569
dollars, and the payment of a service fee equal to the amount 570
specified in division (D) or (G) of section 4503.10 of the 571
Revised Code, the registrar or deputy registrar shall issue to 573
the applicant a removable windshield placard, which shall bear 574
the date of expiration on both sides of the placard, in numerals 575
at least one inch in height, and printed in white on a 576
blue-colored background, and shall be valid until expired, 578
revoked, or surrendered. Every removable windshield placard 579
shall expire on the last day of the month in the fifth year after 580
the date it is issued EXPIRES AS DESCRIBED IN DIVISION (D)(2) OF 581
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THIS SECTION, BUT IN NO CASE SHALL A REMOVABLE WINDSHIELD PLACARD 582
BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS. Removable 583
windshield placards shall be renewable upon application as 584
provided in division (B) of this section, and a service fee equal 585
to the amount specified in division (D) or (G) of section 4503.10 586
of the Revised Code shall be charged for the renewal of a 587
removable windshield placard. An additional renewal fee of five 589
dollars shall be charged if the previous parking card or
removable windshield placard expired more than six months prior 590
to the date of application for renewal. The registrar shall 592
provide the application form and shall determine the information 593
to be included thereon. The registrar also shall determine the 594
form and size of the removable windshield placard, the material 595
of which it is to be made, and any other information to be 596
included thereon, and shall adopt rules relating to the issuance, 597
expiration, revocation, surrender, and proper display of such 598
placards. ANY PLACARD ISSUED AFTER THE EFFECTIVE DATE OF THIS 599
AMENDMENT SHALL BE MANUFACTURED IN A MANNER THAT ALLOWS THE 600
EXPIRATION DATE OF THE PLACARD TO BE INDICATED ON IT THROUGH THE 602
PUNCHING, DRILLING, BORING, OR CREATION BY ANY OTHER MEANS OF 603
HOLES IN THE PLACARD.
(2) AT THE TIME A REMOVABLE WINDSHIELD PLACARD IS ISSUED 606
TO A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY 607
TO WALK, THE REGISTRAR OR DEPUTY REGISTRAR SHALL ENTER INTO THE 608
RECORDS OF THE BUREAU OF MOTOR VEHICLES THE LAST DATE ON WHICH 609
THE PERSON WILL HAVE THAT DISABILITY, AS INDICATED ON THE 610
ACCOMPANYING PRESCRIPTION. NOT LESS THAN THIRTY DAYS PRIOR TO 611
THAT DATE AND ALL REMOVABLE WINDSHIELD PLACARD RENEWAL DATES, THE
BUREAU SHALL SEND A RENEWAL NOTICE TO THAT PERSON AT THE PERSON'S 613
LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE BUREAU, 614
INFORMING THE PERSON THAT THE PERSON'S REMOVABLE WINDSHIELD 615
PLACARD WILL EXPIRE ON THE INDICATED DATE NOT TO EXCEED FIVE 616
YEARS FROM THE DATE OF ISSUANCE, AND THAT THE PERSON IS REQUIRED 617
TO RENEW THE PLACARD BY SUBMITTING TO THE REGISTRAR OR A DEPUTY 618
16
REGISTRAR ANOTHER PRESCRIPTION, AS DESCRIBED IN DIVISION (B) OF 620
THIS SECTION, AND BY COMPLYING WITH THE RENEWAL PROVISIONS 621
PRESCRIBED IN DIVISION (D)(1) OF THIS SECTION. IF SUCH A 623
PRESCRIPTION IS NOT RECEIVED BY THE REGISTRAR OR A DEPUTY
REGISTRAR BY THAT DATE, THE PLACARD ISSUED TO THAT PERSON EXPIRES 625
AND NO LONGER IS VALID, AND THIS FACT SHALL BE RECORDED IN THE 626
RECORDS OF THE BUREAU.
(3) AT LEAST ONCE EVERY YEAR, ON A DATE DETERMINED BY THE 629
REGISTRAR, THE BUREAU SHALL EXAMINE THE RECORDS OF THE OFFICE OF 630
VITAL STATISTICS, LOCATED WITHIN THE DEPARTMENT OF HEALTH, THAT 631
PERTAIN TO DECEASED PERSONS, AND ALSO THE BUREAU'S RECORDS OF ALL 632
PERSONS WHO HAVE BEEN ISSUED REMOVABLE WINDSHIELD PLACARDS AND 633
TEMPORARY REMOVABLE WINDSHIELD PLACARDS. IF THE RECORDS OF THE 634
OFFICE OF VITAL STATISTICS INDICATE THAT A PERSON TO WHOM A 635
REMOVABLE WINDSHIELD PLACARD OR TEMPORARY REMOVABLE WINDSHIELD 636
PLACARD HAS BEEN ISSUED IS DECEASED, THE BUREAU SHALL CANCEL THAT 637
PLACARD, AND NOTE THE CANCELLATION IN ITS RECORDS. 638
THE OFFICE OF VITAL STATISTICS SHALL MAKE AVAILABLE TO THE 641
BUREAU ALL INFORMATION NECESSARY TO ENABLE THE BUREAU TO COMPLY 642
WITH DIVISION (D)(3) OF THIS SECTION.
(4) Nothing in this section shall be construed to require 644
a person or organization to apply for a removable windshield 645
placard or special license plates if the parking card or special 646
license plates issued to the person or organization under prior 647
law have not expired or been surrendered or revoked.
(E) Any person with a disability that limits or impairs 649
the ability to walk may apply to the registrar or a deputy 651
registrar for a temporary removable windshield placard. The 652
application for a temporary removable windshield placard shall be 653
accompanied by a signed statement PRESCRIPTION from the 654
applicant's personal physician or chiropractor PRESCRIBING SUCH A 655
PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT certifying 656
that the applicant meets at least one of the criteria contained 657
in division (A)(1) of this section and that the disability is 658
17
expected to continue for six consecutive months or less. THE 660
PHYSICIAN OR CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE
LENGTH OF TIME THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE 661
APPLICANT TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE 662
APPLICANT'S ABILITY TO WALK, WHICH CANNOT EXCEED SIX MONTHS FROM 663
THE DATE OF THE PRESCRIPTION. Upon receipt of an application for 665
a temporary removable windshield placard, presentation of the 666
PRESCRIPTION AND THE signed statement from the applicant's 667
personal physician or chiropractor, payment of a fee of five 668
dollars, and payment of a service fee equal to the amount 669
specified in division (D) or (G) of section 4503.10 of the 670
Revised Code, the registrar or deputy registrar shall issue to 671
the applicant a temporary removable windshield placard. The 672
temporary removable windshield placard shall be of the same size 673
and form as the removable windshield placard, shall be printed in 674
white on a red-colored background, AND shall bear the word 675
"temporary" in letters of such size as the registrar shall 676
prescribe,. A TEMPORARY REMOVABLE WINDSHIELD PLACARD also shall 677
bear the date of expiration on the front and back of the placard, 678
in numerals at least one inch in height, and shall be valid until 679
expired, surrendered, or revoked, BUT IN NO CASE SHALL SUCH A 680
PLACARD BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS. The 681
registrar shall provide the application form and shall determine 683
the information to be included on it. The registrar also shall 684
determine the material of which the temporary removable 685
windshield placard is to be made and any other information to be 686
included on the placard and shall adopt rules relating to the 687
issuance, expiration, surrender, revocation, and proper display 688
of those placards. ANY TEMPORARY REMOVABLE WINDSHIELD PLACARD 689
ISSUED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE 690
MANUFACTURED IN A MANNER THAT ALLOWS FOR THE EXPIRATION DATE OF 691
THE PLACARD TO BE INDICATED ON IT THROUGH THE PUNCHING, DRILLING, 692
BORING, OR CREATION BY ANY OTHER MEANS OF HOLES IN THE PLACARD. 694
(F) If an applicant for a removable windshield placard or 696
18
a temporary removable windshield placard is a veteran of the 697
armed forces of the United States whose disability, as defined in 698
division (A)(1) of this section, is service-connected, the 699
registrar or deputy registrar, upon receipt of the application, 700
presentation of a signed statement from the applicant's personal 702
physician or chiropractor certifying the period for which the 703
applicant's disability is expected to continue, and presentation 704
of such documentary evidence FROM THE DEPARTMENT OF VETERANS 705
AFFAIRS that the disability OF THE APPLICANT MEETS AT LEAST ONE 706
OF THE CRITERIA IDENTIFIED IN DIVISION (A)(1) OF THIS SECTION AND 708
is service-connected as the registrar may require by rule, but 710
without the payment of any fee for issuance or of any service 711
fee, shall issue the applicant a removable windshield placard or 712
temporary removable windshield placard, as the case may be, that 714
shall be IS valid until expired, surrendered, or revoked. 715
Upon a conviction of a violation of division (H), (I), or 717
(J) of this section, the court shall report the conviction, and 718
send the placard or parking card, if available, to the registrar, 720
who shall thereupon SHALL revoke the privilege of using the 721
placard or parking card and send notice in writing to the
placardholder or cardholder at that holder's last known address 723
as shown in the records of the bureau of motor vehicles, and the 724
placardholder or cardholder shall return the placard or card if 725
not previously surrendered to the court, to the registrar within 726
ten days following mailing of the notice.
Whenever a person to whom a removable windshield placard or 728
parking card has been issued moves to another state, the person 729
shall surrender the placard or card to the registrar; and 730
whenever an organization to which a placard or card has been 731
issued changes its place of operation to another state, the 732
organization shall surrender the placard or card to the 733
registrar.
(G) Subject to the provisions of division (F) of section 735
4511.69 of the Revised Code, the operator of a motor vehicle 736
19
displaying a removable windshield placard, temporary removable 737
windshield placard, parking card, or the special license plates 738
authorized by this section shall be IS entitled to park the motor 740
vehicle in any special parking location reserved for persons with 741
disabilities that limit or impair the ability to walk, also known 742
as handicapped parking spaces or disability parking spaces. 743
(H) No person or organization that is not eligible under 745
division (B) or (E) of this section shall willfully and falsely 746
represent that the person or organization is so eligible. 748
No person or organization shall display license plates 750
issued under this section unless the license plates have been 751
issued for the vehicle on which they are displayed and are valid. 752
(I) No person or organization to which a removable 754
windshield placard or temporary removable windshield placard is 755
issued shall do either of the following: 756
(1) Display or permit the display of the placard on any 759
motor vehicle when having reasonable cause to believe the motor 760
vehicle is being used in connection with an activity that does 761
not include providing transportation for persons with
disabilities that limit or impair the ability to walk; 762
(2) Refuse to return or surrender the placard, when 764
required.
(J)(1) No person or organization to which a parking card 766
is issued shall do either of the following: 767
(a) Display or permit the display of the parking card on 769
any motor vehicle when having reasonable cause to believe the 770
motor vehicle is being used in connection with an activity that 771
does not include providing transportation for a handicapped 772
person;
(b) Refuse to return or surrender the parking card, when 774
required.
(2) As used in division (J) of this section: 776
(a) "Handicapped person" means any person who has lost the 778
use of one or both legs or one or both arms, who is blind, deaf, 779
20
or so severely handicapped as to be unable to move about without 780
the aid of crutches or a wheelchair, or whose mobility is 781
restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition. 782
(b) "Organization" means any private organization or 784
corporation, or any governmental board, agency, department, 785
division, or office, that, as part of its business or program, 786
transports handicapped persons on a regular basis in a motor 787
vehicle that has not been altered for the purposes of providing
it with special equipment for use by handicapped persons. 788
(K) If a removable windshield placard, temporary removable 790
windshield placard, or parking card is lost, destroyed, or 791
mutilated, the placardholder or cardholder may obtain a duplicate 793
by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or 795
mutilation to the registrar; 796
(2) Paying a fee of five dollars for issuance, plus a 798
service fee equal to the amount specified in division (D) or (G) 800
of section 4503.10 of the Revised Code. 801
Any placardholder or cardholder losing WHO LOSES a placard 803
or card and, after obtaining a duplicate, finding FINDS the 805
original, immediately shall surrender the original placard or 807
card to the registrar.
(L) The registrar shall pay all fees received under this 809
section for the issuance of removable windshield placards or 810
temporary removable windshield placards or duplicate removable 811
windshield placards or cards into the state treasury to the 812
credit of the state bureau of motor vehicles fund created in 813
section 4501.25 of the Revised Code.
(M) For purposes of enforcing this section, every peace 815
officer is deemed to be an agent of the registrar. Any peace 816
officer or any authorized employee of the bureau of motor 817
vehicles who, in the performance of duties authorized by law, 818
becomes aware of a person whose placard or parking card has been 819
21
revoked pursuant to this section, may confiscate that placard or
parking card and return it to the registrar. The registrar shall 820
prescribe any forms used by law enforcement agencies in 821
administering this section.
No peace officer, law enforcement agency employing a peace 823
officer, or political subdivision or governmental agency 824
employing a peace officer, and no employee of the bureau shall be 825
IS liable in a civil action for damages or loss to persons 827
arising out of the performance of any duty required or authorized
by this section. As used in this division, "peace officer" has 828
the same meaning as in division (B) of section 2935.01 of the 829
Revised Code.
(N) ALL APPLICATIONS FOR REGISTRATION OF MOTOR VEHICLES, 832
REMOVABLE WINDSHIELD PLACARDS, AND TEMPORARY REMOVABLE WINDSHIELD 833
PLACARDS ISSUED UNDER THIS SECTION, ALL RENEWAL NOTICES FOR SUCH 834
ITEMS, AND ALL OTHER PUBLICATIONS ISSUED BY THE BUREAU THAT 836
RELATE TO THIS SECTION SHALL SET FORTH THE CRIMINAL PENALTIES 837
THAT MAY BE IMPOSED UPON A PERSON WHO VIOLATES ANY PROVISION 838
RELATING TO SPECIAL LICENSE PLATES ISSUED UNDER THIS SECTION, THE 839
PARKING OF VEHICLES DISPLAYING SUCH LICENSE PLATES, AND THE 840
ISSUANCE, PROCUREMENT, USE, AND DISPLAY OF REMOVABLE WINDSHIELD 841
PLACARDS AND TEMPORARY REMOVABLE WINDSHIELD PLACARDS ISSUED UNDER 842
THIS SECTION.
Sec. 4511.69. (A) Every vehicle stopped or parked upon a 851
roadway where there is an adjacent curb shall be stopped or 852
parked with the right-hand wheels of the vehicle parallel with 853
and not more than twelve inches from the right-hand curb, unless 854
it is impossible to approach so close to the curb; in such case 855
the stop shall be made as close to the curb as possible and only 856
for the time necessary to discharge and receive passengers or to 857
load or unload merchandise. Local authorities may by ordinance 858
MAY permit angle parking on any roadway under their jurisdiction, 859
except that angle parking shall not be permitted on a state route 860
within a municipal corporation unless an unoccupied roadway width 861
22
of not less than twenty-five feet is available for free-moving 862
traffic. 863
(B) Local authorities may by ordinance MAY permit parking 865
of vehicles with the left-hand wheels adjacent to and within 866
twelve inches of the left-hand curb of a one-way roadway. 867
(C) No vehicle or trackless trolley shall be stopped or 869
parked on a road or highway with the vehicle or trackless trolley 870
facing in a direction other than the direction of travel on that 871
side of the road or highway. 872
(D) Notwithstanding any statute or any rule, resolution, 874
or ordinance adopted by any local authority, air compressors, 875
tractors, trucks, and other equipment, while being used in the 876
construction, reconstruction, installation, repair, or removal of 877
facilities near, on, over, or under a street or highway, may 878
stop, stand, or park where necessary in order to perform such 879
work, provided a flagman FLAGPERSON is on duty or warning signs 880
or lights are displayed as may be prescribed by the director of 882
transportation.
(E) Special parking locations and privileges for persons 884
with disabilities that limit or impair the ability to walk, also 885
known as handicapped parking spaces or disability parking spaces, 886
shall be provided and designated by all political subdivisions 887
and by the state and all agencies and instrumentalities thereof 888
at all offices and facilities, where parking is provided, whether 889
owned, rented, or leased, and at all publicly owned parking 890
garages. The locations shall be designated through the posting 891
of an elevated sign, whether permanently affixed or movable, 892
imprinted with the international symbol of access and shall be 893
reasonably close to exits, entrances, elevators, and ramps. All 894
elevated signs posted in accordance with this division and 895
division (B)(C) of section 3781.111 of the Revised Code shall be 897
mounted on a fixed or movable post, and the distance from the 898
ground to the top edge of the sign shall measure five feet. IF A 900
NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING
23
LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS 901
AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT 902
SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES 904
THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN 905
THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS 906
NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION. 907
(F)(1) No person shall stop, stand, or park any motor 909
vehicle at special parking locations provided under division (E) 910
of this section or at special clearly marked parking locations 911
provided in or on privately owned parking lots, parking garages, 912
or other parking areas and designated in accordance with that 913
division, unless one of the following applies: 914
(1)(a) The motor vehicle is being operated by or for the 916
transport of a person with a disability that limits or impairs 917
the ability to walk and is displaying a valid removable 918
windshield placard or special license plates; 919
(2)(b) The motor vehicle is being operated by or for the 921
transport of a handicapped person and is displaying a parking 922
card or special handicapped license plates. 923
(2) ANY MOTOR VEHICLE THAT IS PARKED IN A SPECIAL MARKED 925
PARKING LOCATION IN VIOLATION OF DIVISION (F)(1)(a) OR (b) OF 928
THIS SECTION MAY BE TOWED OR OTHERWISE REMOVED FROM THE PARKING 929
LOCATION BY THE LAW ENFORCEMENT AGENCY OF THE POLITICAL 930
SUBDIVISION IN WHICH THE PARKING LOCATION IS LOCATED. A MOTOR
VEHICLE THAT IS SO TOWED OR REMOVED SHALL NOT BE RELEASED TO ITS 931
OWNER UNTIL THE OWNER PRESENTS PROOF OF OWNERSHIP OF THE MOTOR 932
VEHICLE AND PAYS ALL TOWING AND STORAGE FEES NORMALLY IMPOSED BY 933
THAT POLITICAL SUBDIVISION FOR TOWING AND STORING MOTOR VEHICLES. 934
IF THE MOTOR VEHICLE IS A LEASED VEHICLE, IT SHALL NOT BE 935
RELEASED TO THE LESSEE UNTIL THE LESSEE PRESENTS PROOF THAT THAT
PERSON IS THE LESSEE OF THE MOTOR VEHICLE AND PAYS ALL TOWING AND 936
STORAGE FEES NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR 937
TOWING AND STORING MOTOR VEHICLES. 938
(3) IF A PERSON IS CHARGED WITH A VIOLATION OF DIVISION 941
24
(F)(1)(a) OR (b) OF THIS SECTION, IT IS AN AFFIRMATIVE DEFENSE TO 942
THE CHARGE THAT THE PERSON SUFFERED AN INJURY NOT MORE THAN 943
SEVENTY-TWO HOURS PRIOR TO THE TIME THE PERSON WAS ISSUED THE 945
TICKET OR CITATION AND THAT, BECAUSE OF THE INJURY, THE PERSON 946
MEETS AT LEAST ONE OF THE CRITERIA CONTAINED IN DIVISION (A)(1) 947
OF SECTION 4503.44 OF THE REVISED CODE. 949
(G) When a motor vehicle is being operated by or for the 951
transport of a person with a disability that limits or impairs 952
the ability to walk and is displaying a removable windshield 953
placard or a temporary removable windshield placard or special 954
license plates, or when a motor vehicle is being operated by or 955
for the transport of a handicapped person and is displaying a 956
parking card or special handicapped license plates, the motor 957
vehicle shall be IS permitted to park for a period of two hours 958
in excess of the legal parking period permitted by local 960
authorities, except where local ordinances or police rules 961
provide otherwise or where the vehicle is parked in such a manner 962
as to be clearly a traffic hazard. 963
(H) No owner of an office, facility, or parking garage 965
where special parking locations must ARE REQUIRED TO be 966
designated in accordance with division (E) of this section shall 968
fail to properly mark the special parking locations as required 969
by IN ACCORDANCE WITH that division or fail to maintain the 971
markings of the special locations, including the erection and 972
maintenance of the fixed or movable signs.
(I) Nothing in this section shall be construed to require 975
a person or organization to apply for a removable windshield
placard or special license plates if the parking card or special 976
license plates issued to the person or organization under prior 977
law have not expired or been surrendered or revoked. 978
(J) As used in this section: 980
(1) "Handicapped person" means any person who has lost the 982
use of one or both legs or one or both arms, who is blind, deaf, 983
or so severely handicapped as to be unable to move without the 984
25
aid of crutches or a wheelchair, or whose mobility is restricted 985
by a permanent cardiovascular, pulmonary, or other handicapping 986
condition. 987
(2) "Person with a disability that limits or impairs the 989
ability to walk" has the same meaning as in section 4503.44 of 990
the Revised Code. 991
(3) "Special license plates" and "removable windshield 993
placard" mean any license plates or removable windshield placard 994
or temporary removable windshield placard issued under section 995
4503.41 or 4503.44 of the Revised Code, and also mean any 996
substantially similar license plates or removable windshield 997
placard or temporary removable windshield placard issued by a 998
state, district, country, or sovereignty. 999
Sec. 4511.99. (A) Whoever violates division (A) of 1,008
section 4511.19 of the Revised Code, in addition to the license 1,009
suspension or revocation provided in section 4507.16 of the 1,010
Revised Code and any disqualification imposed under section 1,011
4506.16 of the Revised Code, shall be punished as provided in 1,012
division (A)(1), (2), (3), or (4) of this section. 1,013
(1) Except as otherwise provided in division (A)(2), (3), 1,015
or (4) of this section, the offender is guilty of a misdemeanor 1,016
of the first degree and the court shall sentence the offender to 1,017
a term of imprisonment of three consecutive days and may sentence 1,018
the offender pursuant to section 2929.21 of the Revised Code to a 1,019
longer term of imprisonment. In addition, the court shall impose 1,020
upon the offender a fine of not less than two hundred and not 1,021
more than one thousand dollars. 1,022
The court may suspend the execution of the mandatory three 1,024
consecutive days of imprisonment that it is required to impose by 1,025
this division, if the court, in lieu of the suspended term of 1,026
imprisonment, places the offender on probation and requires the 1,027
offender to attend, for three consecutive days, a drivers' 1,028
intervention program that is certified pursuant to section 1,029
3793.10 of the Revised Code. The court also may suspend the 1,030
26
execution of any part of the mandatory three consecutive days of 1,031
imprisonment that it is required to impose by this division, if 1,032
the court places the offender on probation for part of the three 1,033
consecutive days; requires the offender to attend, for that part 1,034
of the three consecutive days, a drivers' intervention program 1,035
that is certified pursuant to section 3793.10 of the Revised 1,036
Code; and sentences the offender to a term of imprisonment equal 1,037
to the remainder of the three consecutive days that the offender 1,038
does not spend attending the drivers' intervention program. The 1,039
court may require the offender, as a condition of probation, to 1,040
attend and satisfactorily complete any treatment or education 1,041
programs that comply with the minimum standards adopted pursuant 1,042
to Chapter 3793. of the Revised Code by the director of alcohol 1,043
and drug addiction services, in addition to the required 1,044
attendance at a drivers' intervention program, that the operators 1,045
of the drivers' intervention program determine that the offender 1,046
should attend and to report periodically to the court on the 1,047
offender's progress in the programs. The court also may impose 1,048
any other conditions of probation on the offender that it 1,049
considers necessary. 1,050
Of the fine imposed pursuant to this division, twenty-five 1,052
dollars shall be paid to an enforcement and education fund 1,053
established by the legislative authority of the law enforcement 1,054
agency in this state that primarily was responsible for the 1,055
arrest of the offender, as determined by the court that imposes 1,056
the fine. This share shall be used by the agency to pay only 1,057
those costs it incurs in enforcing section 4511.19 of the Revised 1,058
Code or a substantially similar municipal ordinance and in 1,059
informing the public of the laws governing the operation of a 1,060
motor vehicle while under the influence of alcohol, the dangers 1,061
of operating a motor vehicle while under the influence of 1,062
alcohol, and other information relating to the operation of a 1,063
motor vehicle and the consumption of alcoholic beverages. 1,064
Twenty-five dollars of the fine imposed pursuant to this division 1,065
27
shall be deposited into the county indigent drivers alcohol 1,066
treatment fund or municipal indigent drivers alcohol treatment 1,067
fund under the control of that court, as created by the county or 1,068
municipal corporation pursuant to division (N) of section 1,069
4511.191 of the Revised Code. The balance of the fine shall be 1,070
disbursed as otherwise provided by law. 1,071
(2)(a) Except as otherwise provided in division (A)(4) of 1,074
this section, if, within six years of the offense, the offender 1,075
has been convicted of or pleaded guilty to one violation of 1,076
division (A) or (B) of section 4511.19 of the Revised Code, a 1,077
municipal ordinance relating to operating a vehicle while under 1,078
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,079
of abuse, a municipal ordinance relating to operating a vehicle 1,080
with a prohibited concentration of alcohol in the blood, breath, 1,081
or urine, section 2903.04 of the Revised Code in a case in which 1,082
the offender was subject to the sanctions described in division 1,083
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 1,085
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 1,086
the jury or judge found that the offender was under the influence 1,087
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,088
statute of the United States or of any other state or a municipal 1,090
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,091
4511.19 of the Revised Code, the offender is guilty of a 1,092
misdemeanor of the first degree and, except as provided in this 1,093
division, the court shall sentence the offender to a term of 1,094
imprisonment of ten consecutive days and may sentence the 1,095
offender pursuant to section 2929.21 of the Revised Code to a 1,096
longer term of imprisonment. As an alternative to the term of 1,097
imprisonment required to be imposed by this division, but subject 1,098
to division (A)(8) of this section, the court may impose upon the 1,099
offender a sentence consisting of both a term of imprisonment of 1,100
five consecutive days and not less than eighteen consecutive days 1,101
28
of electronically monitored house arrest as defined in division 1,102
(A) of section 2929.23 of the Revised Code. The five consecutive 1,103
days of imprisonment and the period of electronically monitored 1,104
house arrest shall not exceed six months. The five consecutive 1,105
days of imprisonment do not have to be served prior to or 1,106
consecutively with the period of electronically monitored house 1,107
arrest.
In addition, the court shall impose upon the offender a 1,109
fine of not less than three hundred and not more than one 1,110
thousand five hundred dollars. 1,111
In addition to any other sentence that it imposes upon the 1,113
offender, the court may require the offender to attend a drivers' 1,114
intervention program that is certified pursuant to section 1,115
3793.10 of the Revised Code. If the officials of the drivers' 1,116
intervention program determine that the offender is alcohol 1,117
dependent, they shall notify the court, and the court shall order 1,118
the offender to obtain treatment through an alcohol and drug 1,119
addiction program authorized by section 3793.02 of the Revised 1,120
Code. The cost of the treatment shall be paid by the offender. 1,121
Of the fine imposed pursuant to this division, thirty-five 1,123
dollars shall be paid to an enforcement and education fund 1,124
established by the legislative authority of the law enforcement 1,125
agency in this state that primarily was responsible for the 1,126
arrest of the offender, as determined by the court that imposes 1,127
the fine. This share shall be used by the agency to pay only 1,128
those costs it incurs in enforcing division (A) of section 1,129
4511.19 of the Revised Code or a substantially similar municipal 1,130
ordinance and in informing the public of the laws governing the 1,131
operation of a motor vehicle while under the influence of 1,132
alcohol, the dangers of operating a motor vehicle while under the 1,133
influence of alcohol, and other information relating to the 1,134
operation of a motor vehicle and the consumption of alcoholic 1,135
beverages. Sixty-five dollars of the fine imposed pursuant to 1,136
this division shall be paid to the political subdivision 1,137
29
responsible for housing the offender during the offender's term 1,139
of incarceration. This share shall be used by the political 1,140
subdivision to pay or reimburse incarceration costs it incurs in 1,141
housing persons who violate section 4511.19 of the Revised Code 1,142
or a substantially similar municipal ordinance and to pay for 1,143
ignition interlock devices and electronic house arrest equipment 1,144
for persons who violate that section, and shall be paid to the 1,145
credit of the fund that pays the cost of the incarceration. 1,146
Fifty dollars of the fine imposed pursuant to this division shall 1,147
be deposited into the county indigent drivers alcohol treatment 1,148
fund or municipal indigent drivers alcohol treatment fund under 1,149
the control of that court, as created by the county or municipal 1,150
corporation pursuant to division (N) of section 4511.191 of the 1,151
Revised Code. The balance of the fine shall be disbursed as 1,152
otherwise provided by law. 1,153
(b) Regardless of whether the vehicle the offender was 1,155
operating at the time of the offense is registered in the 1,156
offender's name or in the name of another person, the court, in 1,158
addition to the penalties imposed under division (A)(2)(a) of 1,159
this section and all other penalties provided by law and subject 1,160
to section 4503.235 of the Revised Code, shall order the 1,161
immobilization for ninety days of the vehicle the offender was 1,162
operating at the time of the offense and the impoundment for 1,163
ninety days of the identification license plates of that vehicle. 1,164
The order for the immobilization and impoundment shall be issued 1,165
and enforced in accordance with section 4503.233 of the Revised 1,166
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 1,169
this section, if, within six years of the offense, the offender 1,170
has been convicted of or pleaded guilty to two violations of 1,171
division (A) or (B) of section 4511.19 of the Revised Code, a 1,172
municipal ordinance relating to operating a vehicle while under 1,173
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,174
of abuse, a municipal ordinance relating to operating a vehicle 1,175
30
with a prohibited concentration of alcohol in the blood, breath, 1,176
or urine, section 2903.04 of the Revised Code in a case in which 1,177
the offender was subject to the sanctions described in division 1,178
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 1,180
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 1,181
the jury or judge found that the offender was under the influence 1,182
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,184
statute of the United States or of any other state or a municipal 1,185
ordinance of a municipal corporation located in any other state 1,186
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 1,187
the court shall sentence the offender to a term of imprisonment 1,188
of thirty consecutive days and may sentence the offender to a 1,189
longer definite term of imprisonment of not more than one year. 1,190
As an alternative to the term of imprisonment required to be 1,191
imposed by this division, but subject to division (A)(8) of this 1,192
section, the court may impose upon the offender a sentence 1,193
consisting of both a term of imprisonment of fifteen consecutive 1,194
days and not less than fifty-five consecutive days of 1,195
electronically monitored house arrest as defined in division (A) 1,196
of section 2929.23 of the Revised Code. The fifteen consecutive 1,197
days of imprisonment and the period of electronically monitored 1,198
house arrest shall not exceed one year. The fifteen consecutive 1,199
days of imprisonment do not have to be served prior to or 1,200
consecutively with the period of electronically monitored house 1,201
arrest.
In addition, the court shall impose upon the offender a 1,203
fine of not less than five hundred and not more than two thousand 1,204
five hundred dollars. 1,205
In addition to any other sentence that it imposes upon the 1,207
offender, the court shall require the offender to attend an 1,208
alcohol and drug addiction program authorized by section 3793.02 1,209
of the Revised Code. The cost of the treatment shall be paid by 1,210
31
the offender. If the court determines that the offender is 1,211
unable to pay the cost of attendance at the treatment program, 1,213
the court may order that payment of the cost of the offender's 1,214
attendance at the treatment program be made from that court's 1,215
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 1,217
twenty-three dollars shall be paid to an enforcement and 1,218
education fund established by the legislative authority of the 1,219
law enforcement agency in this state that primarily was 1,220
responsible for the arrest of the offender, as determined by the 1,221
court that imposes the fine. This share shall be used by the 1,222
agency to pay only those costs it incurs in enforcing section 1,223
4511.19 of the Revised Code or a substantially similar municipal 1,224
ordinance and in informing the public of the laws governing the 1,225
operation of a motor vehicle while under the influence of 1,226
alcohol, the dangers of operating a motor vehicle while under the 1,227
influence of alcohol, and other information relating to the 1,228
operation of a motor vehicle and the consumption of alcoholic 1,229
beverages. Two hundred twenty-seven dollars of the fine imposed 1,230
pursuant to this division shall be paid to the political 1,231
subdivision responsible for housing the offender during the 1,232
offender's term of incarceration. This share shall be used by 1,234
the political subdivision to pay or reimburse incarceration costs 1,235
it incurs in housing persons who violate division (A) of section 1,236
4511.19 of the Revised Code or a substantially similar municipal 1,237
ordinance and to pay for ignition interlock devices and 1,238
electronic house arrest equipment for persons who violate that 1,239
section and shall be paid to the credit of the fund that pays the 1,240
cost of incarceration. The balance of the fine shall be 1,241
disbursed as otherwise provided by law. 1,242
(b) Regardless of whether the vehicle the offender was 1,244
operating at the time of the offense is registered in the 1,245
offender's name or in the name of another person, the court, in 1,247
addition to the penalties imposed under division (A)(3)(a) of 1,248
32
this section and all other penalties provided by law and subject 1,249
to section 4503.235 of the Revised Code, shall order the 1,250
immobilization for one hundred eighty days of the vehicle the 1,251
offender was operating at the time of the offense and the 1,252
impoundment for one hundred eighty days of the identification 1,253
license plates of that vehicle. The order for the immobilization 1,254
and impoundment shall be issued and enforced in accordance with 1,255
section 4503.233 of the Revised Code. 1,256
(4)(a) If, within six years of the offense, the offender 1,258
has been convicted of or pleaded guilty to three or more 1,259
violations of division (A) or (B) of section 4511.19 of the 1,260
Revised Code, a municipal ordinance relating to operating a 1,261
vehicle while under the influence of alcohol, a drug of abuse, or 1,262
alcohol and a drug of abuse, a municipal ordinance relating to 1,263
operating a vehicle with a prohibited concentration of alcohol in 1,264
the blood, breath, or urine, section 2903.04 of the Revised Code 1,265
in a case in which the offender was subject to the sanctions 1,266
described in division (D) of that section, section 2903.06, 1,267
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 1,268
that is substantially similar to section 2903.07 of the Revised 1,269
Code in a case in which the jury or judge found that the offender 1,270
was under the influence of alcohol, a drug of abuse, or alcohol 1,271
and a drug of abuse, or a statute of the United States or of any 1,273
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 1,274
division (A) or (B) of section 4511.19 of the Revised Code, or if 1,275
the offender previously has been convicted of or pleaded guilty 1,276
to a violation of division (A) of section 4511.19 of the Revised 1,277
Code under circumstances in which the violation was a felony and 1,278
regardless of when the violation and the conviction or guilty 1,279
plea occurred, the offender is guilty of a felony of the fourth 1,280
degree. The court shall sentence the offender in accordance with 1,281
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 1,282
33
of sixty consecutive days of imprisonment in accordance with 1,283
division (G)(1) of section 2929.13 of the Revised Code or a 1,284
mandatory prison term of sixty consecutive days of imprisonment 1,285
in accordance with division (G)(2) of that section, whichever is 1,286
applicable. If the offender is required to serve a mandatory 1,287
term of local incarceration of sixty consecutive days of 1,288
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 1,289
2929.17 of the Revised Code, may impose upon the offender a 1,291
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 1,292
arrest shall not commence until after the offender has served the 1,293
mandatory term of local incarceration. 1,294
In addition to all other sanctions imposed, the court shall 1,296
impose upon the offender, pursuant to section 2929.18 of the 1,297
Revised Code, a fine of not less than seven hundred fifty nor 1,298
more than ten thousand dollars. 1,299
In addition to any other sanction that it imposes upon the 1,302
offender, the court shall require the offender to attend an 1,304
alcohol and drug addiction program authorized by section 3793.02 1,305
of the Revised Code. The cost of the treatment shall be paid by 1,306
the offender. If the court determines that the offender is 1,307
unable to pay the cost of attendance at the treatment program, 1,308
the court may order that payment of the cost of the offender's 1,309
attendance at the treatment program be made from the court's 1,310
indigent drivers alcohol treatment fund. 1,311
Of the fine imposed pursuant to this division, two hundred 1,313
ten dollars shall be paid to an enforcement and education fund 1,314
established by the legislative authority of the law enforcement 1,315
agency in this state that primarily was responsible for the 1,316
arrest of the offender, as determined by the court that imposes 1,317
the fine. This share shall be used by the agency to pay only 1,318
those costs it incurs in enforcing section 4511.19 of the Revised 1,319
Code or a substantially similar municipal ordinance and in 1,320
34
informing the public of the laws governing operation of a motor 1,321
vehicle while under the influence of alcohol, the dangers of 1,322
operation of a motor vehicle while under the influence of 1,323
alcohol, and other information relating to the operation of a 1,324
motor vehicle and the consumption of alcoholic beverages. Three 1,325
hundred ninety dollars of the fine imposed pursuant to this 1,326
division shall be paid to the political subdivision responsible 1,327
for housing the offender during the offender's term of 1,328
incarceration. This share shall be used by the political 1,330
subdivision to pay or reimburse incarceration costs it incurs in 1,331
housing persons who violate division (A) of section 4511.19 of 1,332
the Revised Code or a substantially similar municipal ordinance 1,333
and to pay for ignition interlock devices and electronic house 1,334
arrest equipment for persons who violate that section, and shall 1,335
be paid to the credit of the fund that pays the cost of 1,336
incarceration. The balance of the fine shall be disbursed as 1,337
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 1,339
operating at the time of the offense is registered in the 1,340
offender's name or in the name of another person, the court, in 1,342
addition to the sanctions imposed under division (A)(4)(a) of 1,343
this section and all other sanctions provided by law and subject 1,345
to section 4503.235 of the Revised Code, shall order the criminal 1,347
forfeiture to the state of the vehicle the offender was operating 1,348
at the time of the offense. The order of criminal forfeiture 1,349
shall be issued and enforced in accordance with section 4503.234 1,350
of the Revised Code. 1,351
(c) As used in division (A)(4)(a) of this section, 1,354
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 1,356
the Revised Code.
If title to a motor vehicle that is subject to an order for 1,358
criminal forfeiture under this section is assigned or transferred 1,359
and division (C)(2) or (3) of section 4503.234 of the Revised 1,360
35
Code applies, in addition to or independent of any other penalty 1,361
established by law, the court may fine the offender the value of 1,362
the vehicle as determined by publications of the national auto 1,363
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 1,364
(D)(4) of section 4503.234 of the Revised Code. 1,365
(5)(a) Except as provided in division (A)(5)(b) of this 1,367
section, upon a showing that imprisonment would seriously affect 1,368
the ability of an offender sentenced pursuant to division (A)(1), 1,369
(2), (3), or (4) of this section to continue the offender's 1,370
employment, the court may authorize that the offender be granted 1,372
work release from imprisonment after the offender has served the 1,373
three, ten, or thirty consecutive days of imprisonment or the 1,374
mandatory term of local incarceration of sixty consecutive days 1,375
that the court is required by division (A)(1), (2), (3), or (4) 1,377
of this section to impose. No court shall authorize work release 1,378
from imprisonment during the three, ten, or thirty consecutive 1,379
days of imprisonment or the mandatory term of local incarceration 1,380
or mandatory prison term of sixty consecutive days that the court 1,382
is required by division (A)(1), (2), (3), or (4) of this section 1,383
to impose. The duration of the work release shall not exceed the 1,384
time necessary each day for the offender to commute to and from 1,385
the place of employment and the place of imprisonment and the 1,386
time actually spent under employment. 1,387
(b) An offender who is sentenced pursuant to division 1,389
(A)(2) or (3) of this section to a term of imprisonment followed 1,390
by a period of electronically monitored house arrest is not 1,391
eligible for work release from imprisonment, but that person 1,392
shall be permitted work release during the period of 1,393
electronically monitored house arrest. The duration of the work 1,394
release shall not exceed the time necessary each day for the 1,395
offender to commute to and from the place of employment and the 1,396
offender's home or other place specified by the sentencing court 1,397
and the time actually spent under employment. 1,398
36
(6) Notwithstanding any section of the Revised Code that 1,400
authorizes the suspension of the imposition or execution of a 1,401
sentence, the placement of an offender in any treatment program 1,403
in lieu of imprisonment, or the use of a community control 1,404
sanction for an offender convicted of a felony, no court shall 1,405
suspend the ten or thirty consecutive days of imprisonment 1,406
required to be imposed on an offender by division (A)(2) or (3) 1,407
of this section, no court shall place an offender who is 1,408
sentenced pursuant to division (A)(2), (3), or (4) of this 1,409
section in any treatment program in lieu of imprisonment until 1,410
after the offender has served the ten or thirty consecutive days 1,411
of imprisonment or the mandatory term of local incarceration or 1,412
mandatory prison term of sixty consecutive days required to be 1,413
imposed pursuant to division (A)(2), (3), or (4) of this section, 1,414
no court that sentences an offender under division (A)(4) of this 1,415
section shall impose any sanction other than a mandatory term of 1,416
local incarceration or mandatory prison term to apply to the 1,417
offender until after the offender has served the mandatory term 1,418
of local incarceration or mandatory prison term of sixty 1,420
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 1,422
imprisonment and a period of electronically monitored house 1,423
arrest upon an offender under division (A)(2) or (3) of this 1,424
section shall suspend any portion of the sentence or place the 1,425
offender in any treatment program in lieu of imprisonment or 1,426
electronically monitored house arrest. Notwithstanding any 1,427
section of the Revised Code that authorizes the suspension of the 1,428
imposition or execution of a sentence or the placement of an 1,429
offender in any treatment program in lieu of imprisonment, no 1,430
court, except as specifically authorized by division (A)(1) of 1,431
this section, shall suspend the three consecutive days of 1,432
imprisonment required to be imposed by division (A)(1) of this 1,433
section or place an offender who is sentenced pursuant to 1,434
division (A)(1) of this section in any treatment program in lieu 1,435
37
of imprisonment until after the offender has served the three 1,436
consecutive days of imprisonment required to be imposed pursuant 1,437
to division (A)(1) of this section. 1,438
(7) No court shall sentence an offender to an alcohol 1,440
treatment program pursuant to division (A)(1), (2), (3), or (4) 1,441
of this section unless the treatment program complies with the 1,442
minimum standards adopted pursuant to Chapter 3793. of the 1,443
Revised Code by the director of alcohol and drug addiction 1,444
services. 1,445
(8) No court shall impose the alternative sentence of a 1,447
term of imprisonment of five consecutive days plus not less than 1,448
eighteen consecutive days of electronically monitored house 1,449
arrest permitted to be imposed by division (A)(2) of this 1,450
section, or the alternative sentence of a term of imprisonment of 1,451
fifteen consecutive days plus not less than fifty-five 1,452
consecutive days of electronically monitored house arrest 1,453
permitted to be imposed pursuant to division (A)(3) of this 1,454
section, unless within sixty days of the date of sentencing, the 1,455
court issues a written finding, entered into the record, that due 1,456
to the unavailability of space at the incarceration facility 1,457
where the offender is required to serve the term of imprisonment 1,458
imposed upon the offender, the offender will not be able to 1,459
commence serving the term of imprisonment within the sixty-day 1,461
period following the date of sentencing. If the court issues 1,462
such a finding, the court may impose the alternative sentence 1,463
comprised of a term of imprisonment and a term of electronically 1,464
monitored house arrest permitted to be imposed by division (A)(2) 1,465
or (3) of this section. 1,466
(B) Whoever violates section 4511.192, 4511.251, or 1,468
4511.85 of the Revised Code is guilty of a misdemeanor of the 1,469
first degree. The court, in addition to or independent of all 1,470
other penalties provided by law, may suspend for a period not to 1,471
exceed one year the driver's or commercial driver's license or 1,472
permit or nonresident operating privilege of any person who 1,473
38
pleads guilty to or is convicted of a violation of section 1,474
4511.192 of the Revised Code. 1,475
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 1,477
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 1,478
guilty of one of the following: 1,479
(1) Except as otherwise provided in division (C)(2) of 1,481
this section, a minor misdemeanor. 1,482
(2) If the offender previously has been convicted of or 1,485
pleaded guilty to one or more violations of section 4511.63, 1,486
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 1,487
Revised Code or a municipal ordinance that is substantially 1,488
similar to any of those sections, a misdemeanor of the fourth 1,491
degree.
(D)(1) Whoever violates any provision of sections 4511.01 1,493
to 4511.76 or section 4511.84 of the Revised Code, for which no 1,494
penalty otherwise is provided in this section is guilty of one of 1,495
the following: 1,496
(a) Except as otherwise provided in division (D)(1)(b), 1,499
(1)(c), (2), or (3) of this section, a minor misdemeanor; 1,500
(b) If, within one year of the offense, the offender 1,502
previously has been convicted of or pleaded guilty to one 1,504
violation of any provision of sections 4511.01 to 4511.76 or 1,506
section 4511.84 of the Revised Code for which no penalty 1,507
otherwise is provided in this section or a municipal ordinance 1,509
that is substantially similar to any provision of sections 1,510
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 1,511
which no penalty otherwise is provided in this section, a 1,512
misdemeanor of the fourth degree; 1,514
(c) If, within one year of the offense, the offender 1,516
previously has been convicted of or pleaded guilty to two or more 1,517
violations of any provision described in division (D)(1)(b) of 1,519
this section or any municipal ordinance that is substantially 1,520
similar to any of those provisions, a misdemeanor of the third 1,521
degree. 1,522
39
(2) When any person is found guilty of a first offense for 1,524
a violation of section 4511.21 of the Revised Code upon a finding 1,525
that the person operated a motor vehicle faster than thirty-five 1,527
miles an hour in a business district of a municipal corporation, 1,528
or faster than fifty miles an hour in other portions, or faster 1,529
than thirty-five miles an hour while passing through a school 1,530
zone during recess or while children are going to or leaving 1,531
school during the opening or closing hours, the person is guilty 1,532
of a misdemeanor of the fourth degree. 1,533
(3) Notwithstanding section 2929.21 of the Revised Code, 1,535
upon a finding that such person operated a motor vehicle in a 1,536
construction zone where a sign was then posted in accordance with 1,537
section 4511.98 of the Revised Code, the court, in addition to 1,538
all other penalties provided by law, shall impose a fine of two 1,539
times the usual amount imposed for the violation. No court shall 1,540
impose a fine of two times the usual amount imposed for the 1,541
violation upon an offender who alleges, in an affidavit filed 1,542
with the court prior to the offender's sentencing, that the 1,543
offender is indigent and is unable to pay the fine imposed 1,544
pursuant to this division, provided the court determines the 1,545
offender is an indigent person and is unable to pay the fine. 1,546
(E) Whenever a person is found guilty in a court of record 1,548
of a violation of section 4511.761, 4511.762, or 4511.77 of the 1,549
Revised Code, the trial judge, in addition to or independent of 1,550
all other penalties provided by law, may suspend for any period 1,551
of time not exceeding three years, or revoke the license of any 1,552
person, partnership, association, or corporation, issued under 1,553
section 4511.763 of the Revised Code. 1,554
(F) Whoever violates division (E) or (F) of section 1,556
4511.51, division (A), (D), or (E) of section 4511.521, section 1,557
4511.681, division (A), OR (C), or (F) of section 4511.69, 1,559
section 4511.772, or division (A) or (B) of section 4511.82 of
the Revised Code is guilty of a minor misdemeanor. 1,560
(G) Whoever violates division (A) of section 4511.75 of 1,562
40
the Revised Code may be fined an amount not to exceed five 1,563
hundred dollars. A person who is issued a citation for a 1,564
violation of division (A) of section 4511.75 of the Revised Code 1,565
is not permitted to enter a written plea of guilty and waive the 1,566
person's right to contest the citation in a trial, but instead 1,567
must appear in person in the proper court to answer the charge. 1,568
(H)(1) Whoever is a resident of this state and violates 1,570
division (A) or (B) of section 4511.81 of the Revised Code shall 1,571
be punished as follows: 1,572
(a) Except as otherwise provided in division (H)(1)(b) of 1,574
this section, the offender is guilty of a minor misdemeanor. 1,576
(b) If the offender previously has been convicted of or 1,578
pleaded guilty to a violation of division (A) or (B) of section 1,579
4511.81 of the Revised Code or of a municipal ordinance that is 1,581
substantially similar to either of those divisions, the offender 1,582
is guilty of a misdemeanor of the fourth degree. 1,583
(2) Whoever is not a resident of this state, violates 1,585
division (A) or (B) of section 4511.81 of the Revised Code, and 1,586
fails to prove by a preponderance of the evidence that the 1,587
offender's use or nonuse of a child restraint system was in 1,588
accordance with the law of the state of which the offender is a 1,590
resident is guilty of a minor misdemeanor on a first offense; on 1,592
a second or subsequent offense, that person is guilty of a 1,593
misdemeanor of the fourth degree. 1,594
(3) Sixty-five per cent of every fine imposed pursuant to 1,596
division (H)(1) or (2) of this section shall be forwarded to the 1,597
treasurer of state for deposit in the "child highway safety fund" 1,598
created by division (G) of section 4511.81 of the Revised Code. 1,599
The balance of the fine shall be disbursed as otherwise provided 1,600
by law. 1,601
(I) Whoever violates section 4511.202 of the Revised Code 1,603
is guilty of operating a motor vehicle without being in control 1,604
of it, a minor misdemeanor. 1,605
(J) Whoever violates division (B) of section 4511.74, 1,607
41
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 1,608
section 4511.83 of the Revised Code is guilty of a misdemeanor of 1,609
the first degree. 1,610
(K) Except as otherwise provided in this division, whoever 1,612
violates division (E) of section 4511.11, division (A) or (C) of 1,613
section 4511.17, or section 4511.18 of the Revised Code is guilty 1,614
of a misdemeanor of the third degree. If a violation of division 1,615
(A) or (C) of section 4511.17 of the Revised Code creates a risk 1,616
of physical harm to any person, the offender is guilty of a 1,617
misdemeanor of the first degree. A violation of division (A) or 1,618
(C) of section 4511.17 of the Revised Code that causes serious 1,619
physical harm to property that is owned, leased, or controlled by 1,620
a state or local authority is a felony of the fifth degree. 1,622
(L) Whoever violates division (H) of section 4511.69 of 1,624
the Revised Code shall be punished as follows: 1,625
(1) Except as otherwise provided in division (L)(2) of 1,628
this section, the offender shall be issued a warning. 1,629
(2) If the offender previously has been convicted of or 1,631
pleaded guilty to a violation of division (H) of section 4511.69 1,632
of the Revised Code or of a municipal ordinance that is 1,633
substantially similar to that division, the offender shall not be 1,634
issued a warning but shall be fined twenty-five dollars for each 1,635
parking location that is not properly marked or whose markings 1,637
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 1,639
4511.45 of the Revised Code is guilty of a misdemeanor of the 1,640
fourth degree on a first offense; on a second offense within one 1,641
year after the first offense, the person is guilty of a 1,642
misdemeanor of the third degree; and on each subsequent offense 1,643
within one year after the first offense, the person is guilty of 1,644
a misdemeanor of the second degree. 1,645
(N)(1) Whoever violates division (B) of section 4511.19 of 1,648
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 1,649
42
(a) Except as otherwise provided in division (N)(1)(b) of 1,652
this section, the offender is guilty of a misdemeanor of the 1,654
fourth degree.
(b) If, within one year of the offense, the offender has 1,656
been convicted of or pleaded guilty to any violation of division 1,657
(A) or (B) of section 4511.19 of the Revised Code, a municipal 1,658
ordinance relating to operating a vehicle while under the 1,659
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,660
abuse, a municipal ordinance relating to operating a vehicle with 1,661
a prohibited concentration of alcohol in the blood, breath, or 1,662
urine, section 2903.04 of the Revised Code in a case in which the 1,663
offender was subject to the sanctions described in division (D) 1,664
of that section, section 2903.06, 2903.07, or 2903.08 of the 1,665
Revised Code or a municipal ordinance that is substantially 1,666
similar to section 2903.07 of the Revised Code in a case in which 1,667
the jury or judge found that the offender was under the influence 1,668
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,669
statute of the United States or of any other state or a municipal 1,671
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,672
4511.19 of the Revised Code, the offender is guilty of a 1,673
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 1,675
provided by law, the offender's driver's or commercial driver's 1,676
license or permit or nonresident operating privilege shall be 1,677
suspended in accordance with, and for the period of time 1,678
specified in, division (E) of section 4507.16 of the Revised 1,679
Code. 1,680
(O) Whoever violates section 4511.62 of the Revised Code 1,683
is guilty of a misdemeanor of the fourth degree.
(P) WHOEVER VIOLATES DIVISION (F)(1)(a) OR (b) OF SECTION 1,686
4511.69 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR AND SHALL 1,689
BE FINED NOT LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE
HUNDRED DOLLARS, BUT IN NO CASE SHALL AN OFFENDER BE SENTENCED TO 1,691
43
ANY TERM OF IMPRISONMENT. 1,692
ARREST OR CONVICTION FOR A VIOLATION OF DIVISION (F)(1)(a) 1,695
OR (b) OF SECTION 4511.69 OF THE REVISED CODE DOES NOT CONSTITUTE 1,697
A CRIMINAL RECORD AND NEED NOT BE REPORTED BY THE PERSON SO 1,698
ARRESTED OR CONVICTED IN RESPONSE TO ANY INQUIRIES CONTAINED IN 1,699
ANY APPLICATION FOR EMPLOYMENT, LICENSE, OR OTHER RIGHT OR 1,700
PRIVILEGE, OR MADE IN CONNECTION WITH THE PERSON'S APPEARANCE AS 1,701
A WITNESS. 1,702
EVERY FINE COLLECTED UNDER THIS DIVISION SHALL BE PAID BY 1,704
THE CLERK OF THE COURT TO THE POLITICAL SUBDIVISION IN WHICH THE 1,705
VIOLATION OCCURRED. EXCEPT AS PROVIDED IN THIS DIVISION, THE 1,706
POLITICAL SUBDIVISION SHALL USE THE FINE MONEYS IT RECEIVES UNDER 1,707
THIS DIVISION TO PAY THE EXPENSES IT INCURS IN COMPLYING WITH THE 1,709
SIGNAGE AND NOTICE REQUIREMENTS CONTAINED IN DIVISION (E) OF
SECTION 4511.69 OF THE REVISED CODE. THE POLITICAL SUBDIVISION 1,710
MAY USE UP TO FIFTY PER CENT OF EACH FINE IT RECEIVES UNDER THIS 1,711
DIVISION TO PAY THE COSTS OF EDUCATIONAL, ADVOCACY, SUPPORT, AND 1,712
ASSISTIVE TECHNOLOGY PROGRAMS FOR PERSONS WITH DISABILITIES, AND 1,713
FOR PUBLIC IMPROVEMENTS WITHIN THE POLITICAL SUBDIVISION THAT 1,714
BENEFIT OR ASSIST PERSONS WITH DISABILITIES, IF GOVERNMENTAL 1,715
AGENCIES OR NONPROFIT ORGANIZATIONS OFFER THE PROGRAMS. 1,716
Sec. 4731.481. NO PHYSICIAN SHALL DO EITHER OF THE 1,718
FOLLOWING: 1,719
(A) FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO 1,720
ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD, 1,721
TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER 1,722
SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES 1,723
NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT 1,724
SECTION;
(B) FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN 1,726
DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE 1,728
PRESCRIPTION THE LENGTH OF TIME THE PHYSICIAN EXPECTS THE PERSON
TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S 1,730
ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD 1,732
44
ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF 1,733
TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR 1,735
PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES. 1,736
Sec. 4731.99. (A) Whoever violates section 4731.41, 1,745
4731.43, or 4731.60 of the Revised Code is guilty of a felony of 1,747
the fifth degree on a first offense and a felony of the fourth 1,748
degree on each subsequent offense. 1,749
(B) Whoever violates section 4731.49, 4731.50, or 4731.81 1,752
of the Revised Code is guilty of a misdemeanor of the fourth 1,753
degree on a first offense and a misdemeanor of the first degree
on each subsequent offense. 1,754
(C) Whoever violates section 4731.46 or 4731.47 of the 1,756
Revised Code is guilty of a felony of the fifth degree. 1,757
(D) Whoever violates section 4731.48 of the Revised Code 1,759
is guilty of a misdemeanor of the fourth degree. 1,760
(E) Whoever violates division (A), (B), (C), or (D) of 1,762
section 4731.224 of the Revised Code is guilty of a minor 1,763
misdemeanor on a first offense and a misdemeanor of the fourth 1,764
degree on each subsequent offense, except that an individual 1,767
guilty of a subsequent offense shall not be subject to 1,768
imprisonment, but to a fine alone of up to one thousand dollars 1,769
for each offense.
(F) WHOEVER VIOLATES SECTION 4731.481 OF THE REVISED CODE 1,771
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 1,772
Sec. 4734.23. NO CHIROPRACTOR SHALL DO EITHER OF THE 1,774
FOLLOWING: 1,775
(A) FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO 1,776
ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD, 1,778
TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER 1,779
SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES 1,780
NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT 1,781
SECTION;
(B) FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN 1,783
DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE 1,785
45
PRESCRIPTION THE LENGTH OF TIME THE CHIROPRACTOR EXPECTS THE
PERSON TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S 1,787
ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD 1,789
ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF 1,790
TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR 1,792
PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES. 1,793
Sec. 4734.99. (A) Whoever violates section 4734.17 of the 1,802
Revised Code is guilty of a misdemeanor of the second degree on a 1,803
first offense and a felony of the fifth degree on each subsequent 1,804
offense.
(B) WHOEVER VIOLATES SECTION 4734.23 OF THE REVISED CODE 1,806
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 1,807
Section 2. That existing sections 109.77, 3781.111, 1,809
4503.44, 4511.69, 4511.99, 4731.99, and 4734.99 of the Revised 1,810
Code are hereby repealed. 1,811
Section 3. Sections 3781.111, 4503.44, 4511.69, 4511.99, 1,813
4731.481, 4731.99, 4734.23, and 4734.99 of the Revised Code, as 1,814
enacted or amended by this act, shall take effect on the 1,815
ninety-first day after this act becomes law. 1,816
Section 4. This act is hereby declared to be an emergency 1,818
measure necessary for the immediate preservation of the public 1,819
peace, health, and safety. The reason for such necessity is that 1,820
the status of persons serving on a permanent basis prior to 1,821
September 20, 1984, as liquor control investigators (known after 1,822
June 30, 1999, as enforcement agents of the Department of Public 1,823
Safety) requires clarification for those persons to continue to 1,824
serve in that capacity. Therefore, this act shall go into 1,825
immediate effect. 1,826