As Passed by the Senate 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- 16
SENATORS OELSLAGER-WATTS-LATTA-DRAKE-CUPP-MUMPER-
SPADA-McLIN-WACHTMANN-KEARNS-BLESSING 17
_________________________________________________________________ 19
A B I L L
To amend sections 109.77, 3781.111, 4503.44, 20
4511.69, 4511.99, 4731.99, and 4734.99 and to 21
enact sections 4731.481 and 4734.23 of the 22
Revised Code to increase the penalties for a 23
violation of the special parking privileges 25
established for persons with certain
disabilities, to make changes in the application 26
process for removable windshield placards, to 27
clarify the status of certain enforcement agents 28
of the Department of Public Safety in regard to 29
completion of a peace officer training program, 30
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 109.77, 3781.111, 4503.44, 34
4511.69, 4511.99, 4731.99, and 4734.99 be amended and sections 35
4731.481 and 4734.23 of the Revised Code be enacted to read as 36
follows:
2
Sec. 109.77. (A) As used in this section, "felony" has 45
the same meaning as in section 109.511 of the Revised Code. 46
(B)(1) Notwithstanding any general, special, or local law 49
or charter to the contrary, and except as otherwise provided in 50
this section, no person shall receive an original appointment on 51
a permanent basis as any of the following unless the person 52
previously has been awarded a certificate by the executive 53
director of the Ohio peace officer training commission attesting 54
to the person's satisfactory completion of an approved state, 55
county, municipal, or department of natural resources peace 56
officer basic training program:
(a) A peace officer of any county, township, municipal 58
corporation, regional transit authority, or metropolitan housing 59
authority;
(b) A natural resources law enforcement staff officer, 61
park officer, forest officer, preserve officer, wildlife officer, 63
or state watercraft officer of the department of natural 64
resources;
(c) An employee of a park district under section 511.232 66
or 1545.13 of the Revised Code; 67
(d) An employee of a conservancy district who is 69
designated pursuant to section 6101.75 of the Revised Code; 70
(e) A state university law enforcement officer; 72
(f) A special police officer employed by the department of 74
mental health pursuant to section 5119.14 of the Revised Code or 75
the department of mental retardation and developmental 76
disabilities pursuant to section 5123.13 of the Revised Code; 77
(g) An enforcement agent of the department of public 80
safety whom the director of public safety designates under 82
section 5502.14 of the Revised Code.
(2) Every person who is appointed on a temporary basis or 84
for a probationary term or on other than a permanent basis as any 85
of the following shall forfeit the appointed position unless the 87
person previously has completed satisfactorily or, within the 88
3
time prescribed by rules adopted by the attorney general pursuant 89
to section 109.74 of the Revised Code, satisfactorily completes a 90
state, county, municipal, or department of natural resources 91
peace officer basic training program for temporary or 92
probationary officers and is awarded a certificate by the 93
director attesting to the satisfactory completion of the program: 94
(a) A peace officer of any county, township, municipal 96
corporation, regional transit authority, or metropolitan housing 97
authority;
(b) A natural resources law enforcement staff officer, 99
park officer, forest officer, preserve officer, wildlife officer, 101
or state watercraft officer of the department of natural 102
resources;
(c) An employee of a park district under section 511.232 104
or 1545.13 of the Revised Code; 105
(d) An employee of a conservancy district who is 107
designated pursuant to section 6101.75 of the Revised Code; 108
(e) A special police officer employed by the department of 110
mental health pursuant to section 5119.14 of the Revised Code or 111
the department of mental retardation and developmental 112
disabilities pursuant to section 5123.13 of the Revised Code; 113
(f) An enforcement agent of the department of public 116
safety whom the director of public safety designates under 118
section 5502.14 of the Revised Code.
(3) For purposes of division (B) of this section, a state, 120
county, municipal, or department of natural resources peace 121
officer basic training program, regardless of whether the program 122
is to be completed by peace officers appointed on a permanent or 123
temporary, probationary, or other nonpermanent basis, shall 124
include at least fifteen hours of training in the handling of the 125
offense of domestic violence, other types of domestic 126
violence-related offenses and incidents, and protection orders 127
and consent agreements issued or approved under section 2919.26 128
or 3113.31 of the Revised Code and at least six hours of crisis 129
4
intervention training. The requirement to complete fifteen hours 130
of training in the handling of the offense of domestic violence, 131
other types of domestic violence-related offenses and incidents, 132
and protection orders and consent agreements issued or approved 133
under section 2919.26 or 3113.31 of the Revised Code does not 134
apply to any person serving as a peace officer on March 27, 1979, 135
and the requirement to complete six hours of training in crisis 136
intervention does not apply to any person serving as a peace 137
officer on April 4, 1985. Any person who is serving as a peace 138
officer on April 4, 1985, who terminates that employment after 139
that date, and who subsequently is hired as a peace officer by 140
the same or another law enforcement agency shall complete the six 141
hours of training in crisis intervention within the time 142
prescribed by rules adopted by the attorney general pursuant to 143
section 109.742 of the Revised Code. No peace officer shall have 144
employment as a peace officer terminated and then be reinstated 145
with intent to circumvent this section. 146
(4) Division (B) of this section does not apply to any 148
person serving on a permanent basis on March 28, 1985, as a park 149
officer, forest officer, preserve officer, wildlife officer, or 150
state watercraft officer of the department of natural resources 151
or as an employee of a park district under section 511.232 or 152
1545.13 of the Revised Code, to any person serving on a permanent 153
basis on March 6, 1986, as an employee of a conservancy district 154
designated pursuant to section 6101.75 of the Revised Code, to 155
any person serving on a permanent basis on January 10, 1991, as a 156
preserve officer of the department of natural resources, to any 158
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 160
pursuant to section 5119.14 of the Revised Code or by the 161
department of mental retardation and developmental disabilities 162
pursuant to section 5123.13 of the Revised Code, or to any person 163
serving on a permanent basis on June 19, 1978, as a state 164
university law enforcement officer pursuant to section 3345.04 of 165
5
the Revised Code and who, immediately prior to June 19, 1978, was 166
serving as a special police officer designated under authority of 167
that section, OR TO ANY PERSON SERVING ON A PERMANENT BASIS ON 168
SEPTEMBER 20, 1984, AS A LIQUOR CONTROL INVESTIGATOR, KNOWN AFTER 169
JUNE 30, 1999, AS AN ENFORCEMENT AGENT OF THE DEPARTMENT OF 170
PUBLIC SAFETY, ENGAGED IN THE ENFORCEMENT OF CHAPTERS 4301. AND 171
4303. OF THE REVISED CODE.
(5) Division (B) of this section does not apply to any 173
person who is appointed as a regional transit authority police 174
officer pursuant to division (Y) of section 306.35 of the Revised 175
Code if, on or before July 1, 1996, the person has completed 176
satisfactorily an approved state, county, municipal, or 178
department of natural resources peace officer basic training 179
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 180
to the person's satisfactory completion of such an approved 181
program and if, on July 1, 1996, the person is performing peace 182
officer functions for a regional transit authority. 183
(C) No person, after September 20, 1984, shall receive an 185
original appointment on a permanent basis as an Ohio veterans' 186
home police officer designated under section 5907.02 of the 189
Revised Code unless the person previously has been awarded a 190
certificate by the executive director of the Ohio peace officer 191
training commission attesting to the person's satisfactory 192
completion of an approved police officer basic training program. 193
Every person who is appointed on a temporary basis or for a 195
probationary term or on other than a permanent basis as an Ohio 196
veterans' home police officer designated under section 5907.02 of 197
the Revised Code shall forfeit that position unless the person 198
previously has completed satisfactorily or, within one year from 199
the time of appointment, satisfactorily completes an approved 201
police officer basic training program. 202
(D) No bailiff or deputy bailiff of a court of record of 204
this state and no criminal investigator who is employed by the 205
6
state public defender shall carry a firearm, as defined in 206
section 2923.11 of the Revised Code, while on duty unless the 207
bailiff, deputy bailiff, or criminal investigator has done or 209
received one of the following:
(1) Has been awarded a certificate by the executive 211
director of the Ohio peace officer training commission, which 212
certificate attests to satisfactory completion of an approved 213
state, county, or municipal basic training program for bailiffs 214
and deputy bailiffs of courts of record and for criminal 215
investigators employed by the state public defender that has been 216
recommended by the Ohio peace officer training commission; 217
(2) Has successfully completed a firearms training program 220
approved by the Ohio peace officer training commission prior to 221
employment as a bailiff, deputy bailiff, or criminal 222
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 225
firearm by the court that employed the bailiff or deputy bailiff 226
or, in the case of a criminal investigator, by the state public 228
defender and has received training in the use of firearms that 229
the Ohio peace officer training commission determines is 230
equivalent to the training that otherwise is required by division 231
(D) of this section. 232
(E)(1) Prior to awarding any certificate prescribed in 235
this section, the executive director of the Ohio peace officer 236
training commission shall request the person to whom the 237
certificate is to be awarded to disclose, and the person shall 238
disclose, any previous criminal conviction of or plea of guilty 239
of that person to a felony.
(2) Prior to the award by the executive director of the 242
commission of any certificate prescribed in this section, the 243
prospective employer of the person to whom the certificate is to 244
be awarded or the commander of the peace officer training school 245
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 247
7
records check on the person. Upon receipt of the request, the 248
bureau promptly shall conduct a criminal history records check on 249
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 250
prospective employer or peace officer training school commander 251
that made the request. Upon receipt of the copy of the criminal 253
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 254
shall submit the copy to the executive director of the Ohio peace 256
officer training commission. The executive director shall not 257
award any certificate prescribed in this section unless the 258
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 259
awarded.
(3) The executive director of the commission shall not 261
award a certificate prescribed in this section to a person who 262
has been convicted of or has pleaded guilty to a felony or who 263
fails to disclose any previous criminal conviction of or plea of 264
guilty to a felony as required under division (E)(1) of this 265
section.
(4) The executive director of the commission shall revoke 267
the certificate awarded to a person as prescribed in this 268
section, and that person shall forfeit all of the benefits 269
derived from being certified as a peace officer under this 270
section, if the person, prior to the award of the certificate, 271
failed to disclose any previous criminal conviction of or plea of 272
guilty to a felony as required under division (E)(1) of this 274
section.
(F)(1) Regardless of whether the person has been awarded 276
the certificate or has been classified as a peace officer prior 277
to, on, or after October 16, 1996, the executive director of the 281
Ohio peace officer training commission shall revoke any 282
certificate that has been awarded to a person as prescribed in 283
this section if the person does either of the following: 284
8
(a) Pleads guilty to a felony committed on or after 286
January 1, 1997. 287
(b) Pleads guilty to a misdemeanor committed on or after 290
January 1, 1997, pursuant to a negotiated plea agreement as 291
provided in division (D) of section 2929.29 of the Revised Code 292
in which the person agrees to surrender the certificate awarded 294
to the person under this section. 295
(2) The executive director of the commission shall suspend 297
any certificate that has been awarded to a person as prescribed 298
in this section if the person is convicted, after trial, of a 299
felony committed on or after January 1, 1997. The executive 301
director shall suspend the certificate pursuant to division 302
(F)(2) of this section pending the outcome of an appeal by the 303
person from that conviction to the highest court to which the 305
appeal is taken or until the expiration of the period in which an 306
appeal is required to be filed. If the person files an appeal 307
that results in that person's acquittal of the felony or 308
conviction of a misdemeanor, or in the dismissal of the felony 309
charge against that person, the executive director shall 310
reinstate the certificate awarded to the person under this 311
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 313
highest court to which the appeal is taken or if the person does 314
not file a timely appeal, the executive director shall revoke the 315
certificate awarded to the person under this section. 316
(G)(1) If a person is awarded a certificate under this 319
section and the certificate is revoked pursuant to division
(E)(4) or (F) of this section, the person shall not be eligible 321
to receive, at any time, a certificate attesting to the person's 322
satisfactory completion of a peace officer basic training 323
program.
(2) The revocation or suspension of a certificate under 325
division (E)(4) or (F) of this section shall be in accordance 326
with Chapter 119. of the Revised Code. 327
9
(H)(1) A person who was employed as a peace officer of a 329
county, township, or municipal corporation of the state on 330
January 1, 1966, and who has completed at least sixteen years of 331
full-time active service as such a peace officer may receive an 332
original appointment on a permanent basis and serve as a peace 333
officer of a county, township, or municipal corporation, or as a 334
state university law enforcement officer, without complying with 335
the requirements of division (B) of this section. 336
(2) Any person who held an appointment as a state highway 338
trooper on January 1, 1966, may receive an original appointment 339
on a permanent basis and serve as a peace officer of a county, 340
township, or municipal corporation, or as a state university law 341
enforcement officer, without complying with the requirements of 342
division (B) of this section. 343
(I) No person who is appointed as a peace officer of a 345
county, township, or municipal corporation on or after April 9, 346
1985, shall serve as a peace officer of that county, township, or 347
municipal corporation unless the person has received training in 348
the handling of missing children and child abuse and neglect 349
cases from an approved state, county, township, or municipal 350
police officer basic training program or receives the training 351
within the time prescribed by rules adopted by the attorney 352
general pursuant to section 109.741 of the Revised Code. 353
(J) No part of any approved state, county, or municipal 355
basic training program for bailiffs and deputy bailiffs of courts 356
of record and no part of any approved state, county, or municipal 357
basic training program for criminal investigators employed by the 358
state public defender shall be used as credit toward the 359
completion by a peace officer of any part of the approved state, 360
county, or municipal peace officer basic training program that 361
the peace officer is required by this section to complete 362
satisfactorily. 363
(K) This section does not apply to any member of the 365
police department of a municipal corporation in an adjoining 366
10
state serving in this state under a contract pursuant to section 367
737.04 of the Revised Code. 368
Sec. 3781.111. (A) In addition to the powers conferred by 377
any other section of the Revised Code, the board of building 378
standards shall adopt standards and rules to facilitate the 379
reasonable access and use by all handicapped persons of all 380
buildings and the facilities of buildings for which plans are 381
submitted for approval under section 3791.04 of the Revised Code. 382
No standard or rule shall be applied to any building the plans or 383
drawings, specifications, and date of which have been approved 384
prior to the time that the standard or rule takes effect. 385
(B) Except as otherwise provided in this section, the 387
standards and rules adopted by the board pursuant to this section 388
shall be in accordance with THE "The Americans With WITH 389
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as 391
amended, and THE "The Fair Housing Amendments ACT of 1988," 102 392
Stat. 1619, 42 U.S.C.A. 3601, as amended. 393
(C) All signs posted to designate special parking 395
locations for handicapped persons and persons with disabilities 396
that limit or impair the ability to walk in accordance with 397
division (E) of section 4511.69 of the Revised Code and the 398
standards and rules adopted pursuant to this section shall be 399
mounted on a fixed or movable post or otherwise affixed in a 400
vertical position at a height so that the sign is clearly visible 401
to the driver of a vehicle when parked in such a location. IF A 402
NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING 403
LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS 404
AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT 405
SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES 406
THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN 407
THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS 408
NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION. 409
(D) As used in this section, "handicapped person" has the 411
same meaning as in section 4112.01 of the Revised Code. As used 412
11
in division (C) of this section, "persons with disabilities that 413
limit or impair the ability to walk" has the same meaning as in 414
division (A)(1) of section 4503.44 of the Revised Code. 415
(E) No owner of a building or facility where special 417
parking locations for handicapped persons must be designated in 418
accordance with the standards and rules adopted pursuant to this 419
section shall fail to properly mark the special parking locations 420
as required by those standards and rules or fail to maintain the 421
markings of the special parking locations, including the erection 422
and maintenance of the fixed or movable signs. 423
Sec. 4503.44. (A) As used in this section and in section 432
4511.69 of the Revised Code: 433
(1) "Person with a disability that limits or impairs the 435
ability to walk" means any person who, as determined by a 436
physician or chiropractor, meets any of the following criteria: 437
(a) Cannot walk two hundred feet without stopping to rest; 439
(b) Cannot walk without the use of, or assistance from, a 441
brace, cane, crutch, another person, prosthetic device, 442
wheelchair, or other assistive device; 443
(c) Is restricted by a lung disease to such an extent that 445
the person's forced (respiratory) expiratory volume for one 446
second, when measured by spirometry, is less than one liter, or 447
the arterial oxygen tension is less than sixty millimeters of 448
mercury on room air at rest;
(d) Uses portable oxygen; 450
(e) Has a cardiac condition to the extent that the 452
person's functional limitations are classified in severity as 453
class III or class IV according to standards set by the American 454
heart association;
(f) Is severely limited in the ability to walk due to an 456
arthritic, neurological, or orthopedic condition; 457
(g) Is blind. 459
(2) "Organization" means any private organization or 461
corporation, or any governmental board, agency, department, 462
12
division, or office, that, as part of its business or program, 463
transports persons with disabilities that limit or impair the 464
ability to walk on a regular basis in a motor vehicle that has 466
not been altered for the purpose of providing it with special 467
equipment for use by handicapped persons. This definition does
not apply to division (J) of this section. 468
(3) "Physician" means a person licensed to practice 470
medicine or surgery or osteopathic medicine and surgery under 471
Chapter 4731. of the Revised Code. 472
(4) "Chiropractor" means a person licensed to practice 474
chiropractic under Chapter 4734. of the Revised Code. 475
(B) Any organization or person with a disability that 477
limits or impairs the ability to walk may apply to the registrar 480
of motor vehicles for a removable windshield placard or, if the 481
person owns or leases a motor vehicle, the person may apply for 482
the registration of any motor vehicle the person owns or leases. 483
In addition to one or more sets of license plates or one placard, 484
a person with a disability that limits or impairs the ability to 485
walk shall be IS entitled to one additional placard, BUT ONLY IF 486
THE PERSON APPLIES SEPARATELY FOR THE ADDITIONAL PLACARD, STATES 488
THE REASONS WHY THE ADDITIONAL PLACARD IS NEEDED, AND THE 489
REGISTRAR, IN THE REGISTRAR'S DISCRETION, DETERMINES THAT GOOD 490
AND JUSTIFIABLE CAUSE EXISTS TO APPROVE THE REQUEST FOR THE 491
ADDITIONAL PLACARD. When a motor vehicle has been altered for 493
the purpose of providing it with special equipment for a person 494
with a disability that limits or impairs the ability to walk, but 495
is owned or leased by someone other than such a person, the owner 496
or lessee may apply to the registrar or a deputy registrar for 497
registration under this section. The application for 498
REGISTRATION OF a removable windshield placard made MOTOR VEHICLE 499
OWNED OR LEASED by a person with a disability that limits or 500
impairs the ability to walk or for registration of a motor 501
vehicle owned or leased by such a person shall be accompanied by 502
a signed statement from the applicant's personal physician or 503
13
chiropractor certifying that the applicant meets at least one of 504
the criteria contained in division (A)(1) of this section and 506
that the disability is expected to continue for more than six 507
consecutive months. THE APPLICATION FOR A REMOVABLE WINDSHIELD 508
PLACARD MADE BY A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS 509
THE ABILITY TO WALK SHALL BE ACCOMPANIED BY A PRESCRIPTION FROM 510
THE APPLICANT'S PERSONAL PHYSICIAN OR CHIROPRACTOR PRESCRIBING 511
SUCH A PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT 512
CERTIFYING THAT THE APPLICANT MEETS AT LEAST ONE OF THE CRITERIA 513
CONTAINED IN DIVISION (A)(1) OF THIS SECTION. THE PHYSICIAN OR 514
CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE LENGTH OF TIME 515
THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE 516
DISABILITY THAT LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO 518
WALK. The application for a removable windshield placard made by 519
an organization shall be accompanied by such documentary evidence 520
of regular transport of persons with disabilities that limit or 521
impair the ability to walk by the organization as the registrar 523
may require by rule and shall be completed in accordance with 524
procedures that the registrar may require by rule. The 525
application for registration of a motor vehicle that has been 526
altered for the purpose of providing it with special equipment 527
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 529
accompanied by such documentary evidence of vehicle alterations 530
as the registrar may require by rule. 531
(C) When an organization, a person with a disability that 534
limits or impairs the ability to walk, or a person who does not 535
have a disability that limits or impairs the ability to walk but
owns a motor vehicle that has been altered for the purpose of 537
providing it with special equipment for a person with a 538
disability that limits or impairs the ability to walk first 539
submits an application for registration of a motor vehicle under 540
this section and every fifth year thereafter, the organization or 541
person shall submit a signed statement from the applicant's 542
14
personal physician or chiropractor or, A COMPLETED APPLICATION, 543
AND ANY REQUIRED documentary evidence of vehicle alterations as 544
provided in division (B) of this section, and also a power of 545
attorney from the owner of the motor vehicle if the applicant 546
leases the vehicle. Upon submission of these items, the 548
registrar or deputy registrar shall issue to the applicant
appropriate vehicle registration and a set of license plates and 549
validation stickers, or validation stickers alone when required 550
by section 4503.191 of the Revised Code. In addition to the 551
letters and numbers ordinarily inscribed thereon, the license 552
plates shall be imprinted with the international symbol of 553
access. The license plates and validation stickers shall be 554
issued upon payment of the regular license fee as prescribed 555
under section 4503.04 of the Revised Code and any motor vehicle 556
tax levied under Chapter 4504. of the Revised Code, and the 557
payment of a service fee equal to the amount specified in 558
division (D) or (G) of section 4503.10 of the Revised Code. 559
(D)(1) Upon receipt of an A COMPLETED AND SIGNED 561
application for a removable windshield placard and presentation 564
of a signed statement from the applicant's personal physician or 565
chiropractor as provided in division (B) of this section, if 566
required, or presentation of, A PRESCRIPTION AS DESCRIBED IN 567
DIVISION (B) OF THIS SECTION, documentary evidence of regular 569
transport of persons with disabilities that limit or impair the 570
ability to walk, if required, and, except as otherwise provided 571
in division (F) of this section, payment of a fee of five 572
dollars, and the payment of a service fee equal to the amount 573
specified in division (D) or (G) of section 4503.10 of the 574
Revised Code, the registrar or deputy registrar shall issue to 576
the applicant a removable windshield placard, which shall bear 577
the date of expiration on both sides of the placard, in numerals 578
at least one inch in height, and printed in white on a 579
blue-colored background, and shall be valid until expired, 581
revoked, or surrendered. Every removable windshield placard 582
15
shall expire on the last day of the month in the fifth year after 583
the date it is issued EXPIRES AS DESCRIBED IN DIVISION (D)(2) OF 584
THIS SECTION, BUT IN NO CASE SHALL A REMOVABLE WINDSHIELD PLACARD 585
BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS. Removable 586
windshield placards shall be renewable upon application as 587
provided in division (B) of this section, and a service fee equal 588
to the amount specified in division (D) or (G) of section 4503.10 589
of the Revised Code shall be charged for the renewal of a 590
removable windshield placard. An additional renewal fee of five 592
dollars shall be charged if the previous parking card or
removable windshield placard expired more than six months prior 593
to the date of application for renewal. The registrar shall 595
provide the application form and shall determine the information 596
to be included thereon. The registrar also shall determine the 597
form and size of the removable windshield placard, the material 598
of which it is to be made, and any other information to be 599
included thereon, and shall adopt rules relating to the issuance, 600
expiration, revocation, surrender, and proper display of such 601
placards. ANY PLACARD ISSUED AFTER THE EFFECTIVE DATE OF THIS 602
AMENDMENT SHALL BE MANUFACTURED IN A MANNER THAT ALLOWS THE 603
EXPIRATION DATE OF THE PLACARD TO BE INDICATED ON IT THROUGH THE 605
PUNCHING, DRILLING, BORING, OR CREATION BY ANY OTHER MEANS OF 606
HOLES IN THE PLACARD.
(2) AT THE TIME A REMOVABLE WINDSHIELD PLACARD IS ISSUED 609
TO A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY 610
TO WALK, THE REGISTRAR OR DEPUTY REGISTRAR SHALL ENTER INTO THE 611
RECORDS OF THE BUREAU OF MOTOR VEHICLES THE LAST DATE ON WHICH 612
THE PERSON WILL HAVE THAT DISABILITY, AS INDICATED ON THE 613
ACCOMPANYING PRESCRIPTION. NOT LESS THAN THIRTY DAYS PRIOR TO 614
THAT DATE AND ALL REMOVABLE WINDSHIELD PLACARD RENEWAL DATES, THE
BUREAU SHALL SEND A RENEWAL NOTICE TO THAT PERSON AT THE PERSON'S 616
LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE BUREAU, 617
INFORMING THE PERSON THAT THE PERSON'S REMOVABLE WINDSHIELD 618
PLACARD WILL EXPIRE ON THE INDICATED DATE NOT TO EXCEED FIVE 619
16
YEARS FROM THE DATE OF ISSUANCE, AND THAT THE PERSON IS REQUIRED 620
TO RENEW THE PLACARD BY SUBMITTING TO THE REGISTRAR OR A DEPUTY 621
REGISTRAR ANOTHER PRESCRIPTION, AS DESCRIBED IN DIVISION (B) OF 623
THIS SECTION, AND BY COMPLYING WITH THE RENEWAL PROVISIONS 624
PRESCRIBED IN DIVISION (D)(1) OF THIS SECTION. IF SUCH A 626
PRESCRIPTION IS NOT RECEIVED BY THE REGISTRAR OR A DEPUTY
REGISTRAR BY THAT DATE, THE PLACARD ISSUED TO THAT PERSON EXPIRES 628
AND NO LONGER IS VALID, AND THIS FACT SHALL BE RECORDED IN THE 629
RECORDS OF THE BUREAU.
(3) AT LEAST ONCE EVERY YEAR, ON A DATE DETERMINED BY THE 632
REGISTRAR, THE BUREAU SHALL EXAMINE THE RECORDS OF THE OFFICE OF 633
VITAL STATISTICS, LOCATED WITHIN THE DEPARTMENT OF HEALTH, THAT 634
PERTAIN TO DECEASED PERSONS, AND ALSO THE BUREAU'S RECORDS OF ALL 635
PERSONS WHO HAVE BEEN ISSUED REMOVABLE WINDSHIELD PLACARDS AND 636
TEMPORARY REMOVABLE WINDSHIELD PLACARDS. IF THE RECORDS OF THE 637
OFFICE OF VITAL STATISTICS INDICATE THAT A PERSON TO WHOM A 638
REMOVABLE WINDSHIELD PLACARD OR TEMPORARY REMOVABLE WINDSHIELD 639
PLACARD HAS BEEN ISSUED IS DECEASED, THE BUREAU SHALL CANCEL THAT 640
PLACARD, AND NOTE THE CANCELLATION IN ITS RECORDS. 641
THE OFFICE OF VITAL STATISTICS SHALL MAKE AVAILABLE TO THE 644
BUREAU ALL INFORMATION NECESSARY TO ENABLE THE BUREAU TO COMPLY 645
WITH DIVISION (D)(3) OF THIS SECTION.
(4) Nothing in this section shall be construed to require 647
a person or organization to apply for a removable windshield 648
placard or special license plates if the parking card or special 649
license plates issued to the person or organization under prior 650
law have not expired or been surrendered or revoked.
(E) Any person with a disability that limits or impairs 652
the ability to walk may apply to the registrar or a deputy 654
registrar for a temporary removable windshield placard. The 655
application for a temporary removable windshield placard shall be 656
accompanied by a signed statement PRESCRIPTION from the 657
applicant's personal physician or chiropractor PRESCRIBING SUCH A 658
PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT certifying 659
17
that the applicant meets at least one of the criteria contained 660
in division (A)(1) of this section and that the disability is 661
expected to continue for six consecutive months or less. THE 663
PHYSICIAN OR CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE
LENGTH OF TIME THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE 664
APPLICANT TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE 665
APPLICANT'S ABILITY TO WALK, WHICH CANNOT EXCEED SIX MONTHS FROM 666
THE DATE OF THE PRESCRIPTION. Upon receipt of an application for 668
a temporary removable windshield placard, presentation of the 669
PRESCRIPTION AND THE signed statement from the applicant's 670
personal physician or chiropractor, payment of a fee of five 671
dollars, and payment of a service fee equal to the amount 672
specified in division (D) or (G) of section 4503.10 of the 673
Revised Code, the registrar or deputy registrar shall issue to 674
the applicant a temporary removable windshield placard. The 675
temporary removable windshield placard shall be of the same size 676
and form as the removable windshield placard, shall be printed in 677
white on a red-colored background, AND shall bear the word 678
"temporary" in letters of such size as the registrar shall 679
prescribe,. A TEMPORARY REMOVABLE WINDSHIELD PLACARD also shall 680
bear the date of expiration on the front and back of the placard, 681
in numerals at least one inch in height, and shall be valid until 682
expired, surrendered, or revoked, BUT IN NO CASE SHALL SUCH A 683
PLACARD BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS. The 684
registrar shall provide the application form and shall determine 686
the information to be included on it. The registrar also shall 687
determine the material of which the temporary removable 688
windshield placard is to be made and any other information to be 689
included on the placard and shall adopt rules relating to the 690
issuance, expiration, surrender, revocation, and proper display 691
of those placards. ANY TEMPORARY REMOVABLE WINDSHIELD PLACARD 692
ISSUED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE 693
MANUFACTURED IN A MANNER THAT ALLOWS FOR THE EXPIRATION DATE OF 694
THE PLACARD TO BE INDICATED ON IT THROUGH THE PUNCHING, DRILLING, 695
18
BORING, OR CREATION BY ANY OTHER MEANS OF HOLES IN THE PLACARD. 697
(F) If an applicant for a removable windshield placard or 699
a temporary removable windshield placard is a veteran of the 700
armed forces of the United States whose disability, as defined in 701
division (A)(1) of this section, is service-connected, the 702
registrar or deputy registrar, upon receipt of the application, 703
presentation of a signed statement from the applicant's personal 705
physician or chiropractor certifying the period for which the 706
applicant's disability is expected to continue, and presentation 707
of such documentary evidence FROM THE DEPARTMENT OF VETERANS 708
AFFAIRS that the disability OF THE APPLICANT MEETS AT LEAST ONE 709
OF THE CRITERIA IDENTIFIED IN DIVISION (A)(1) OF THIS SECTION AND 711
is service-connected as the registrar may require by rule, but 713
without the payment of any fee for issuance or of any service 714
fee, shall issue the applicant a removable windshield placard or 715
temporary removable windshield placard, as the case may be, that 717
shall be IS valid until expired, surrendered, or revoked. 718
Upon a conviction of a violation of division (H), (I), or 720
(J) of this section, the court shall report the conviction, and 721
send the placard or parking card, if available, to the registrar, 723
who shall thereupon SHALL revoke the privilege of using the 724
placard or parking card and send notice in writing to the
placardholder or cardholder at that holder's last known address 726
as shown in the records of the bureau of motor vehicles, and the 727
placardholder or cardholder shall return the placard or card if 728
not previously surrendered to the court, to the registrar within 729
ten days following mailing of the notice.
Whenever a person to whom a removable windshield placard or 731
parking card has been issued moves to another state, the person 732
shall surrender the placard or card to the registrar; and 733
whenever an organization to which a placard or card has been 734
issued changes its place of operation to another state, the 735
organization shall surrender the placard or card to the 736
registrar.
19
(G) Subject to the provisions of division (F) of section 738
4511.69 of the Revised Code, the operator of a motor vehicle 739
displaying a removable windshield placard, temporary removable 740
windshield placard, parking card, or the special license plates 741
authorized by this section shall be IS entitled to park the motor 743
vehicle in any special parking location reserved for persons with 744
disabilities that limit or impair the ability to walk, also known 745
as handicapped parking spaces or disability parking spaces. 746
(H) No person or organization that is not eligible under 748
division (B) or (E) of this section shall willfully and falsely 749
represent that the person or organization is so eligible. 751
No person or organization shall display license plates 753
issued under this section unless the license plates have been 754
issued for the vehicle on which they are displayed and are valid. 755
(I) No person or organization to which a removable 757
windshield placard or temporary removable windshield placard is 758
issued shall do either of the following: 759
(1) Display or permit the display of the placard on any 762
motor vehicle when having reasonable cause to believe the motor 763
vehicle is being used in connection with an activity that does 764
not include providing transportation for persons with
disabilities that limit or impair the ability to walk; 765
(2) Refuse to return or surrender the placard, when 767
required.
(J)(1) No person or organization to which a parking card 769
is issued shall do either of the following: 770
(a) Display or permit the display of the parking card on 772
any motor vehicle when having reasonable cause to believe the 773
motor vehicle is being used in connection with an activity that 774
does not include providing transportation for a handicapped 775
person;
(b) Refuse to return or surrender the parking card, when 777
required.
(2) As used in division (J) of this section: 779
20
(a) "Handicapped person" means any person who has lost the 781
use of one or both legs or one or both arms, who is blind, deaf, 782
or so severely handicapped as to be unable to move about without 783
the aid of crutches or a wheelchair, or whose mobility is 784
restricted by a permanent cardiovascular, pulmonary, or other
handicapping condition. 785
(b) "Organization" means any private organization or 787
corporation, or any governmental board, agency, department, 788
division, or office, that, as part of its business or program, 789
transports handicapped persons on a regular basis in a motor 790
vehicle that has not been altered for the purposes of providing
it with special equipment for use by handicapped persons. 791
(K) If a removable windshield placard, temporary removable 793
windshield placard, or parking card is lost, destroyed, or 794
mutilated, the placardholder or cardholder may obtain a duplicate 796
by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or 798
mutilation to the registrar; 799
(2) Paying a fee of five dollars for issuance, plus a 801
service fee equal to the amount specified in division (D) or (G) 803
of section 4503.10 of the Revised Code. 804
Any placardholder or cardholder losing WHO LOSES a placard 806
or card and, after obtaining a duplicate, finding FINDS the 808
original, immediately shall surrender the original placard or 810
card to the registrar.
(L) The registrar shall pay all fees received under this 812
section for the issuance of removable windshield placards or 813
temporary removable windshield placards or duplicate removable 814
windshield placards or cards into the state treasury to the 815
credit of the state bureau of motor vehicles fund created in 816
section 4501.25 of the Revised Code.
(M) For purposes of enforcing this section, every peace 818
officer is deemed to be an agent of the registrar. Any peace 819
officer or any authorized employee of the bureau of motor 820
21
vehicles who, in the performance of duties authorized by law, 821
becomes aware of a person whose placard or parking card has been 822
revoked pursuant to this section, may confiscate that placard or
parking card and return it to the registrar. The registrar shall 823
prescribe any forms used by law enforcement agencies in 824
administering this section.
No peace officer, law enforcement agency employing a peace 826
officer, or political subdivision or governmental agency 827
employing a peace officer, and no employee of the bureau shall be 828
IS liable in a civil action for damages or loss to persons 830
arising out of the performance of any duty required or authorized
by this section. As used in this division, "peace officer" has 831
the same meaning as in division (B) of section 2935.01 of the 832
Revised Code.
(N) ALL APPLICATIONS FOR REGISTRATION OF MOTOR VEHICLES, 835
REMOVABLE WINDSHIELD PLACARDS, AND TEMPORARY REMOVABLE WINDSHIELD 836
PLACARDS ISSUED UNDER THIS SECTION, ALL RENEWAL NOTICES FOR SUCH 837
ITEMS, AND ALL OTHER PUBLICATIONS ISSUED BY THE BUREAU THAT 839
RELATE TO THIS SECTION SHALL SET FORTH THE CRIMINAL PENALTIES 840
THAT MAY BE IMPOSED UPON A PERSON WHO VIOLATES ANY PROVISION 841
RELATING TO SPECIAL LICENSE PLATES ISSUED UNDER THIS SECTION, THE 842
PARKING OF VEHICLES DISPLAYING SUCH LICENSE PLATES, AND THE 843
ISSUANCE, PROCUREMENT, USE, AND DISPLAY OF REMOVABLE WINDSHIELD 844
PLACARDS AND TEMPORARY REMOVABLE WINDSHIELD PLACARDS ISSUED UNDER 845
THIS SECTION.
Sec. 4511.69. (A) Every vehicle stopped or parked upon a 854
roadway where there is an adjacent curb shall be stopped or 855
parked with the right-hand wheels of the vehicle parallel with 856
and not more than twelve inches from the right-hand curb, unless 857
it is impossible to approach so close to the curb; in such case 858
the stop shall be made as close to the curb as possible and only 859
for the time necessary to discharge and receive passengers or to 860
load or unload merchandise. Local authorities may by ordinance 861
MAY permit angle parking on any roadway under their jurisdiction, 862
22
except that angle parking shall not be permitted on a state route 863
within a municipal corporation unless an unoccupied roadway width 864
of not less than twenty-five feet is available for free-moving 865
traffic. 866
(B) Local authorities may by ordinance MAY permit parking 868
of vehicles with the left-hand wheels adjacent to and within 869
twelve inches of the left-hand curb of a one-way roadway. 870
(C) No vehicle or trackless trolley shall be stopped or 872
parked on a road or highway with the vehicle or trackless trolley 873
facing in a direction other than the direction of travel on that 874
side of the road or highway. 875
(D) Notwithstanding any statute or any rule, resolution, 877
or ordinance adopted by any local authority, air compressors, 878
tractors, trucks, and other equipment, while being used in the 879
construction, reconstruction, installation, repair, or removal of 880
facilities near, on, over, or under a street or highway, may 881
stop, stand, or park where necessary in order to perform such 882
work, provided a flagman FLAGPERSON is on duty or warning signs 883
or lights are displayed as may be prescribed by the director of 885
transportation.
(E) Special parking locations and privileges for persons 887
with disabilities that limit or impair the ability to walk, also 888
known as handicapped parking spaces or disability parking spaces, 889
shall be provided and designated by all political subdivisions 890
and by the state and all agencies and instrumentalities thereof 891
at all offices and facilities, where parking is provided, whether 892
owned, rented, or leased, and at all publicly owned parking 893
garages. The locations shall be designated through the posting 894
of an elevated sign, whether permanently affixed or movable, 895
imprinted with the international symbol of access and shall be 896
reasonably close to exits, entrances, elevators, and ramps. All 897
elevated signs posted in accordance with this division and 898
division (B)(C) of section 3781.111 of the Revised Code shall be 900
mounted on a fixed or movable post, and the distance from the 901
23
ground to the top edge of the sign shall measure five feet. IF A 903
NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING
LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS 904
AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT 905
SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES 907
THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN 908
THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS 909
NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION. 910
(F)(1) No person shall stop, stand, or park any motor 912
vehicle at special parking locations provided under division (E) 913
of this section or at special clearly marked parking locations 914
provided in or on privately owned parking lots, parking garages, 915
or other parking areas and designated in accordance with that 916
division, unless one of the following applies: 917
(1)(a) The motor vehicle is being operated by or for the 919
transport of a person with a disability that limits or impairs 920
the ability to walk and is displaying a valid removable 921
windshield placard or special license plates; 922
(2)(b) The motor vehicle is being operated by or for the 924
transport of a handicapped person and is displaying a parking 925
card or special handicapped license plates. 926
(2) ANY MOTOR VEHICLE THAT IS PARKED IN A SPECIAL MARKED 928
PARKING LOCATION IN VIOLATION OF DIVISION (F)(1)(a) OR (b) OF 931
THIS SECTION MAY BE TOWED OR OTHERWISE REMOVED FROM THE PARKING 932
LOCATION BY THE LAW ENFORCEMENT AGENCY OF THE POLITICAL 933
SUBDIVISION IN WHICH THE PARKING LOCATION IS LOCATED. A MOTOR
VEHICLE THAT IS SO TOWED OR REMOVED SHALL NOT BE RELEASED TO ITS 934
OWNER UNTIL THE OWNER PRESENTS PROOF OF OWNERSHIP OF THE MOTOR 935
VEHICLE AND PAYS ALL TOWING AND STORAGE FEES NORMALLY IMPOSED BY 936
THAT POLITICAL SUBDIVISION FOR TOWING AND STORING MOTOR VEHICLES. 937
IF THE MOTOR VEHICLE IS A LEASED VEHICLE, IT SHALL NOT BE 938
RELEASED TO THE LESSEE UNTIL THE LESSEE PRESENTS PROOF THAT THAT
PERSON IS THE LESSEE OF THE MOTOR VEHICLE AND PAYS ALL TOWING AND 939
STORAGE FEES NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR 940
24
TOWING AND STORING MOTOR VEHICLES. 941
(3) IF A PERSON IS CHARGED WITH A VIOLATION OF DIVISION 944
(F)(1)(a) OR (b) OF THIS SECTION, IT IS AN AFFIRMATIVE DEFENSE TO 945
THE CHARGE THAT THE PERSON SUFFERED AN INJURY NOT MORE THAN 946
SEVENTY-TWO HOURS PRIOR TO THE TIME THE PERSON WAS ISSUED THE 948
TICKET OR CITATION AND THAT, BECAUSE OF THE INJURY, THE PERSON 949
MEETS AT LEAST ONE OF THE CRITERIA CONTAINED IN DIVISION (A)(1) 950
OF SECTION 4503.44 OF THE REVISED CODE. 952
(G) When a motor vehicle is being operated by or for the 954
transport of a person with a disability that limits or impairs 955
the ability to walk and is displaying a removable windshield 956
placard or a temporary removable windshield placard or special 957
license plates, or when a motor vehicle is being operated by or 958
for the transport of a handicapped person and is displaying a 959
parking card or special handicapped license plates, the motor 960
vehicle shall be IS permitted to park for a period of two hours 961
in excess of the legal parking period permitted by local 963
authorities, except where local ordinances or police rules 964
provide otherwise or where the vehicle is parked in such a manner 965
as to be clearly a traffic hazard. 966
(H) No owner of an office, facility, or parking garage 968
where special parking locations must ARE REQUIRED TO be 969
designated in accordance with division (E) of this section shall 971
fail to properly mark the special parking locations as required 972
by IN ACCORDANCE WITH that division or fail to maintain the 974
markings of the special locations, including the erection and 975
maintenance of the fixed or movable signs.
(I) Nothing in this section shall be construed to require 978
a person or organization to apply for a removable windshield
placard or special license plates if the parking card or special 979
license plates issued to the person or organization under prior 980
law have not expired or been surrendered or revoked. 981
(J) As used in this section: 983
(1) "Handicapped person" means any person who has lost the 985
25
use of one or both legs or one or both arms, who is blind, deaf, 986
or so severely handicapped as to be unable to move without the 987
aid of crutches or a wheelchair, or whose mobility is restricted 988
by a permanent cardiovascular, pulmonary, or other handicapping 989
condition. 990
(2) "Person with a disability that limits or impairs the 992
ability to walk" has the same meaning as in section 4503.44 of 993
the Revised Code. 994
(3) "Special license plates" and "removable windshield 996
placard" mean any license plates or removable windshield placard 997
or temporary removable windshield placard issued under section 998
4503.41 or 4503.44 of the Revised Code, and also mean any 999
substantially similar license plates or removable windshield 1,000
placard or temporary removable windshield placard issued by a 1,001
state, district, country, or sovereignty. 1,002
Sec. 4511.99. (A) Whoever violates division (A) of 1,011
section 4511.19 of the Revised Code, in addition to the license 1,012
suspension or revocation provided in section 4507.16 of the 1,013
Revised Code and any disqualification imposed under section 1,014
4506.16 of the Revised Code, shall be punished as provided in 1,015
division (A)(1), (2), (3), or (4) of this section. 1,016
(1) Except as otherwise provided in division (A)(2), (3), 1,018
or (4) of this section, the offender is guilty of a misdemeanor 1,019
of the first degree and the court shall sentence the offender to 1,020
a term of imprisonment of three consecutive days and may sentence 1,021
the offender pursuant to section 2929.21 of the Revised Code to a 1,022
longer term of imprisonment. In addition, the court shall impose 1,023
upon the offender a fine of not less than two hundred and not 1,024
more than one thousand dollars. 1,025
The court may suspend the execution of the mandatory three 1,027
consecutive days of imprisonment that it is required to impose by 1,028
this division, if the court, in lieu of the suspended term of 1,029
imprisonment, places the offender on probation and requires the 1,030
offender to attend, for three consecutive days, a drivers' 1,031
26
intervention program that is certified pursuant to section 1,032
3793.10 of the Revised Code. The court also may suspend the 1,033
execution of any part of the mandatory three consecutive days of 1,034
imprisonment that it is required to impose by this division, if 1,035
the court places the offender on probation for part of the three 1,036
consecutive days; requires the offender to attend, for that part 1,037
of the three consecutive days, a drivers' intervention program 1,038
that is certified pursuant to section 3793.10 of the Revised 1,039
Code; and sentences the offender to a term of imprisonment equal 1,040
to the remainder of the three consecutive days that the offender 1,041
does not spend attending the drivers' intervention program. The 1,042
court may require the offender, as a condition of probation, to 1,043
attend and satisfactorily complete any treatment or education 1,044
programs that comply with the minimum standards adopted pursuant 1,045
to Chapter 3793. of the Revised Code by the director of alcohol 1,046
and drug addiction services, in addition to the required 1,047
attendance at a drivers' intervention program, that the operators 1,048
of the drivers' intervention program determine that the offender 1,049
should attend and to report periodically to the court on the 1,050
offender's progress in the programs. The court also may impose 1,051
any other conditions of probation on the offender that it 1,052
considers necessary. 1,053
Of the fine imposed pursuant to this division, twenty-five 1,055
dollars shall be paid to an enforcement and education fund 1,056
established by the legislative authority of the law enforcement 1,057
agency in this state that primarily was responsible for the 1,058
arrest of the offender, as determined by the court that imposes 1,059
the fine. This share shall be used by the agency to pay only 1,060
those costs it incurs in enforcing section 4511.19 of the Revised 1,061
Code or a substantially similar municipal ordinance and in 1,062
informing the public of the laws governing the operation of a 1,063
motor vehicle while under the influence of alcohol, the dangers 1,064
of operating a motor vehicle while under the influence of 1,065
alcohol, and other information relating to the operation of a 1,066
27
motor vehicle and the consumption of alcoholic beverages. 1,067
Twenty-five dollars of the fine imposed pursuant to this division 1,068
shall be deposited into the county indigent drivers alcohol 1,069
treatment fund or municipal indigent drivers alcohol treatment 1,070
fund under the control of that court, as created by the county or 1,071
municipal corporation pursuant to division (N) of section 1,072
4511.191 of the Revised Code. The balance of the fine shall be 1,073
disbursed as otherwise provided by law. 1,074
(2)(a) Except as otherwise provided in division (A)(4) of 1,077
this section, if, within six years of the offense, the offender 1,078
has been convicted of or pleaded guilty to one violation of 1,079
division (A) or (B) of section 4511.19 of the Revised Code, a 1,080
municipal ordinance relating to operating a vehicle while under 1,081
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,082
of abuse, a municipal ordinance relating to operating a vehicle 1,083
with a prohibited concentration of alcohol in the blood, breath, 1,084
or urine, section 2903.04 of the Revised Code in a case in which 1,085
the offender was subject to the sanctions described in division 1,086
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 1,088
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 1,089
the jury or judge found that the offender was under the influence 1,090
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,091
statute of the United States or of any other state or a municipal 1,093
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,094
4511.19 of the Revised Code, the offender is guilty of a 1,095
misdemeanor of the first degree and, except as provided in this 1,096
division, the court shall sentence the offender to a term of 1,097
imprisonment of ten consecutive days and may sentence the 1,098
offender pursuant to section 2929.21 of the Revised Code to a 1,099
longer term of imprisonment. As an alternative to the term of 1,100
imprisonment required to be imposed by this division, but subject 1,101
to division (A)(8) of this section, the court may impose upon the 1,102
28
offender a sentence consisting of both a term of imprisonment of 1,103
five consecutive days and not less than eighteen consecutive days 1,104
of electronically monitored house arrest as defined in division 1,105
(A) of section 2929.23 of the Revised Code. The five consecutive 1,106
days of imprisonment and the period of electronically monitored 1,107
house arrest shall not exceed six months. The five consecutive 1,108
days of imprisonment do not have to be served prior to or 1,109
consecutively with the period of electronically monitored house 1,110
arrest.
In addition, the court shall impose upon the offender a 1,112
fine of not less than three hundred and not more than one 1,113
thousand five hundred dollars. 1,114
In addition to any other sentence that it imposes upon the 1,116
offender, the court may require the offender to attend a drivers' 1,117
intervention program that is certified pursuant to section 1,118
3793.10 of the Revised Code. If the officials of the drivers' 1,119
intervention program determine that the offender is alcohol 1,120
dependent, they shall notify the court, and the court shall order 1,121
the offender to obtain treatment through an alcohol and drug 1,122
addiction program authorized by section 3793.02 of the Revised 1,123
Code. The cost of the treatment shall be paid by the offender. 1,124
Of the fine imposed pursuant to this division, thirty-five 1,126
dollars shall be paid to an enforcement and education fund 1,127
established by the legislative authority of the law enforcement 1,128
agency in this state that primarily was responsible for the 1,129
arrest of the offender, as determined by the court that imposes 1,130
the fine. This share shall be used by the agency to pay only 1,131
those costs it incurs in enforcing division (A) of section 1,132
4511.19 of the Revised Code or a substantially similar municipal 1,133
ordinance and in informing the public of the laws governing the 1,134
operation of a motor vehicle while under the influence of 1,135
alcohol, the dangers of operating a motor vehicle while under the 1,136
influence of alcohol, and other information relating to the 1,137
operation of a motor vehicle and the consumption of alcoholic 1,138
29
beverages. Sixty-five dollars of the fine imposed pursuant to 1,139
this division shall be paid to the political subdivision 1,140
responsible for housing the offender during the offender's term 1,142
of incarceration. This share shall be used by the political 1,143
subdivision to pay or reimburse incarceration costs it incurs in 1,144
housing persons who violate section 4511.19 of the Revised Code 1,145
or a substantially similar municipal ordinance and to pay for 1,146
ignition interlock devices and electronic house arrest equipment 1,147
for persons who violate that section, and shall be paid to the 1,148
credit of the fund that pays the cost of the incarceration. 1,149
Fifty dollars of the fine imposed pursuant to this division shall 1,150
be deposited into the county indigent drivers alcohol treatment 1,151
fund or municipal indigent drivers alcohol treatment fund under 1,152
the control of that court, as created by the county or municipal 1,153
corporation pursuant to division (N) of section 4511.191 of the 1,154
Revised Code. The balance of the fine shall be disbursed as 1,155
otherwise provided by law. 1,156
(b) Regardless of whether the vehicle the offender was 1,158
operating at the time of the offense is registered in the 1,159
offender's name or in the name of another person, the court, in 1,161
addition to the penalties imposed under division (A)(2)(a) of 1,162
this section and all other penalties provided by law and subject 1,163
to section 4503.235 of the Revised Code, shall order the 1,164
immobilization for ninety days of the vehicle the offender was 1,165
operating at the time of the offense and the impoundment for 1,166
ninety days of the identification license plates of that vehicle. 1,167
The order for the immobilization and impoundment shall be issued 1,168
and enforced in accordance with section 4503.233 of the Revised 1,169
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 1,172
this section, if, within six years of the offense, the offender 1,173
has been convicted of or pleaded guilty to two violations of 1,174
division (A) or (B) of section 4511.19 of the Revised Code, a 1,175
municipal ordinance relating to operating a vehicle while under 1,176
30
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,177
of abuse, a municipal ordinance relating to operating a vehicle 1,178
with a prohibited concentration of alcohol in the blood, breath, 1,179
or urine, section 2903.04 of the Revised Code in a case in which 1,180
the offender was subject to the sanctions described in division 1,181
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 1,183
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 1,184
the jury or judge found that the offender was under the influence 1,185
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,187
statute of the United States or of any other state or a municipal 1,188
ordinance of a municipal corporation located in any other state 1,189
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 1,190
the court shall sentence the offender to a term of imprisonment 1,191
of thirty consecutive days and may sentence the offender to a 1,192
longer definite term of imprisonment of not more than one year. 1,193
As an alternative to the term of imprisonment required to be 1,194
imposed by this division, but subject to division (A)(8) of this 1,195
section, the court may impose upon the offender a sentence 1,196
consisting of both a term of imprisonment of fifteen consecutive 1,197
days and not less than fifty-five consecutive days of 1,198
electronically monitored house arrest as defined in division (A) 1,199
of section 2929.23 of the Revised Code. The fifteen consecutive 1,200
days of imprisonment and the period of electronically monitored 1,201
house arrest shall not exceed one year. The fifteen consecutive 1,202
days of imprisonment do not have to be served prior to or 1,203
consecutively with the period of electronically monitored house 1,204
arrest.
In addition, the court shall impose upon the offender a 1,206
fine of not less than five hundred and not more than two thousand 1,207
five hundred dollars. 1,208
In addition to any other sentence that it imposes upon the 1,210
offender, the court shall require the offender to attend an 1,211
31
alcohol and drug addiction program authorized by section 3793.02 1,212
of the Revised Code. The cost of the treatment shall be paid by 1,213
the offender. If the court determines that the offender is 1,214
unable to pay the cost of attendance at the treatment program, 1,216
the court may order that payment of the cost of the offender's 1,217
attendance at the treatment program be made from that court's 1,218
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 1,220
twenty-three dollars shall be paid to an enforcement and 1,221
education fund established by the legislative authority of the 1,222
law enforcement agency in this state that primarily was 1,223
responsible for the arrest of the offender, as determined by the 1,224
court that imposes the fine. This share shall be used by the 1,225
agency to pay only those costs it incurs in enforcing section 1,226
4511.19 of the Revised Code or a substantially similar municipal 1,227
ordinance and in informing the public of the laws governing the 1,228
operation of a motor vehicle while under the influence of 1,229
alcohol, the dangers of operating a motor vehicle while under the 1,230
influence of alcohol, and other information relating to the 1,231
operation of a motor vehicle and the consumption of alcoholic 1,232
beverages. Two hundred twenty-seven dollars of the fine imposed 1,233
pursuant to this division shall be paid to the political 1,234
subdivision responsible for housing the offender during the 1,235
offender's term of incarceration. This share shall be used by 1,237
the political subdivision to pay or reimburse incarceration costs 1,238
it incurs in housing persons who violate division (A) of section 1,239
4511.19 of the Revised Code or a substantially similar municipal 1,240
ordinance and to pay for ignition interlock devices and 1,241
electronic house arrest equipment for persons who violate that 1,242
section and shall be paid to the credit of the fund that pays the 1,243
cost of incarceration. The balance of the fine shall be 1,244
disbursed as otherwise provided by law. 1,245
(b) Regardless of whether the vehicle the offender was 1,247
operating at the time of the offense is registered in the 1,248
32
offender's name or in the name of another person, the court, in 1,250
addition to the penalties imposed under division (A)(3)(a) of 1,251
this section and all other penalties provided by law and subject 1,252
to section 4503.235 of the Revised Code, shall order the 1,253
immobilization for one hundred eighty days of the vehicle the 1,254
offender was operating at the time of the offense and the 1,255
impoundment for one hundred eighty days of the identification 1,256
license plates of that vehicle. The order for the immobilization 1,257
and impoundment shall be issued and enforced in accordance with 1,258
section 4503.233 of the Revised Code. 1,259
(4)(a) If, within six years of the offense, the offender 1,261
has been convicted of or pleaded guilty to three or more 1,262
violations of division (A) or (B) of section 4511.19 of the 1,263
Revised Code, a municipal ordinance relating to operating a 1,264
vehicle while under the influence of alcohol, a drug of abuse, or 1,265
alcohol and a drug of abuse, a municipal ordinance relating to 1,266
operating a vehicle with a prohibited concentration of alcohol in 1,267
the blood, breath, or urine, section 2903.04 of the Revised Code 1,268
in a case in which the offender was subject to the sanctions 1,269
described in division (D) of that section, section 2903.06, 1,270
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 1,271
that is substantially similar to section 2903.07 of the Revised 1,272
Code in a case in which the jury or judge found that the offender 1,273
was under the influence of alcohol, a drug of abuse, or alcohol 1,274
and a drug of abuse, or a statute of the United States or of any 1,276
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 1,277
division (A) or (B) of section 4511.19 of the Revised Code, or if 1,278
the offender previously has been convicted of or pleaded guilty 1,279
to a violation of division (A) of section 4511.19 of the Revised 1,280
Code under circumstances in which the violation was a felony and 1,281
regardless of when the violation and the conviction or guilty 1,282
plea occurred, the offender is guilty of a felony of the fourth 1,283
degree. The court shall sentence the offender in accordance with 1,284
33
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 1,285
of sixty consecutive days of imprisonment in accordance with 1,286
division (G)(1) of section 2929.13 of the Revised Code or a 1,287
mandatory prison term of sixty consecutive days of imprisonment 1,288
in accordance with division (G)(2) of that section, whichever is 1,289
applicable. If the offender is required to serve a mandatory 1,290
term of local incarceration of sixty consecutive days of 1,291
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 1,292
2929.17 of the Revised Code, may impose upon the offender a 1,294
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 1,295
arrest shall not commence until after the offender has served the 1,296
mandatory term of local incarceration. 1,297
In addition to all other sanctions imposed, the court shall 1,299
impose upon the offender, pursuant to section 2929.18 of the 1,300
Revised Code, a fine of not less than seven hundred fifty nor 1,301
more than ten thousand dollars. 1,302
In addition to any other sanction that it imposes upon the 1,305
offender, the court shall require the offender to attend an 1,307
alcohol and drug addiction program authorized by section 3793.02 1,308
of the Revised Code. The cost of the treatment shall be paid by 1,309
the offender. If the court determines that the offender is 1,310
unable to pay the cost of attendance at the treatment program, 1,311
the court may order that payment of the cost of the offender's 1,312
attendance at the treatment program be made from the court's 1,313
indigent drivers alcohol treatment fund. 1,314
Of the fine imposed pursuant to this division, two hundred 1,316
ten dollars shall be paid to an enforcement and education fund 1,317
established by the legislative authority of the law enforcement 1,318
agency in this state that primarily was responsible for the 1,319
arrest of the offender, as determined by the court that imposes 1,320
the fine. This share shall be used by the agency to pay only 1,321
34
those costs it incurs in enforcing section 4511.19 of the Revised 1,322
Code or a substantially similar municipal ordinance and in 1,323
informing the public of the laws governing operation of a motor 1,324
vehicle while under the influence of alcohol, the dangers of 1,325
operation of a motor vehicle while under the influence of 1,326
alcohol, and other information relating to the operation of a 1,327
motor vehicle and the consumption of alcoholic beverages. Three 1,328
hundred ninety dollars of the fine imposed pursuant to this 1,329
division shall be paid to the political subdivision responsible 1,330
for housing the offender during the offender's term of 1,331
incarceration. This share shall be used by the political 1,333
subdivision to pay or reimburse incarceration costs it incurs in 1,334
housing persons who violate division (A) of section 4511.19 of 1,335
the Revised Code or a substantially similar municipal ordinance 1,336
and to pay for ignition interlock devices and electronic house 1,337
arrest equipment for persons who violate that section, and shall 1,338
be paid to the credit of the fund that pays the cost of 1,339
incarceration. The balance of the fine shall be disbursed as 1,340
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 1,342
operating at the time of the offense is registered in the 1,343
offender's name or in the name of another person, the court, in 1,345
addition to the sanctions imposed under division (A)(4)(a) of 1,346
this section and all other sanctions provided by law and subject 1,348
to section 4503.235 of the Revised Code, shall order the criminal 1,350
forfeiture to the state of the vehicle the offender was operating 1,351
at the time of the offense. The order of criminal forfeiture 1,352
shall be issued and enforced in accordance with section 4503.234 1,353
of the Revised Code. 1,354
(c) As used in division (A)(4)(a) of this section, 1,357
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 1,359
the Revised Code.
If title to a motor vehicle that is subject to an order for 1,361
35
criminal forfeiture under this section is assigned or transferred 1,362
and division (C)(2) or (3) of section 4503.234 of the Revised 1,363
Code applies, in addition to or independent of any other penalty 1,364
established by law, the court may fine the offender the value of 1,365
the vehicle as determined by publications of the national auto 1,366
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 1,367
(D)(4) of section 4503.234 of the Revised Code. 1,368
(5)(a) Except as provided in division (A)(5)(b) of this 1,370
section, upon a showing that imprisonment would seriously affect 1,371
the ability of an offender sentenced pursuant to division (A)(1), 1,372
(2), (3), or (4) of this section to continue the offender's 1,373
employment, the court may authorize that the offender be granted 1,375
work release from imprisonment after the offender has served the 1,376
three, ten, or thirty consecutive days of imprisonment or the 1,377
mandatory term of local incarceration of sixty consecutive days 1,378
that the court is required by division (A)(1), (2), (3), or (4) 1,380
of this section to impose. No court shall authorize work release 1,381
from imprisonment during the three, ten, or thirty consecutive 1,382
days of imprisonment or the mandatory term of local incarceration 1,383
or mandatory prison term of sixty consecutive days that the court 1,385
is required by division (A)(1), (2), (3), or (4) of this section 1,386
to impose. The duration of the work release shall not exceed the 1,387
time necessary each day for the offender to commute to and from 1,388
the place of employment and the place of imprisonment and the 1,389
time actually spent under employment. 1,390
(b) An offender who is sentenced pursuant to division 1,392
(A)(2) or (3) of this section to a term of imprisonment followed 1,393
by a period of electronically monitored house arrest is not 1,394
eligible for work release from imprisonment, but that person 1,395
shall be permitted work release during the period of 1,396
electronically monitored house arrest. The duration of the work 1,397
release shall not exceed the time necessary each day for the 1,398
offender to commute to and from the place of employment and the 1,399
36
offender's home or other place specified by the sentencing court 1,400
and the time actually spent under employment. 1,401
(6) Notwithstanding any section of the Revised Code that 1,403
authorizes the suspension of the imposition or execution of a 1,404
sentence, the placement of an offender in any treatment program 1,406
in lieu of imprisonment, or the use of a community control 1,407
sanction for an offender convicted of a felony, no court shall 1,408
suspend the ten or thirty consecutive days of imprisonment 1,409
required to be imposed on an offender by division (A)(2) or (3) 1,410
of this section, no court shall place an offender who is 1,411
sentenced pursuant to division (A)(2), (3), or (4) of this 1,412
section in any treatment program in lieu of imprisonment until 1,413
after the offender has served the ten or thirty consecutive days 1,414
of imprisonment or the mandatory term of local incarceration or 1,415
mandatory prison term of sixty consecutive days required to be 1,416
imposed pursuant to division (A)(2), (3), or (4) of this section, 1,417
no court that sentences an offender under division (A)(4) of this 1,418
section shall impose any sanction other than a mandatory term of 1,419
local incarceration or mandatory prison term to apply to the 1,420
offender until after the offender has served the mandatory term 1,421
of local incarceration or mandatory prison term of sixty 1,423
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 1,425
imprisonment and a period of electronically monitored house 1,426
arrest upon an offender under division (A)(2) or (3) of this 1,427
section shall suspend any portion of the sentence or place the 1,428
offender in any treatment program in lieu of imprisonment or 1,429
electronically monitored house arrest. Notwithstanding any 1,430
section of the Revised Code that authorizes the suspension of the 1,431
imposition or execution of a sentence or the placement of an 1,432
offender in any treatment program in lieu of imprisonment, no 1,433
court, except as specifically authorized by division (A)(1) of 1,434
this section, shall suspend the three consecutive days of 1,435
imprisonment required to be imposed by division (A)(1) of this 1,436
37
section or place an offender who is sentenced pursuant to 1,437
division (A)(1) of this section in any treatment program in lieu 1,438
of imprisonment until after the offender has served the three 1,439
consecutive days of imprisonment required to be imposed pursuant 1,440
to division (A)(1) of this section. 1,441
(7) No court shall sentence an offender to an alcohol 1,443
treatment program pursuant to division (A)(1), (2), (3), or (4) 1,444
of this section unless the treatment program complies with the 1,445
minimum standards adopted pursuant to Chapter 3793. of the 1,446
Revised Code by the director of alcohol and drug addiction 1,447
services. 1,448
(8) No court shall impose the alternative sentence of a 1,450
term of imprisonment of five consecutive days plus not less than 1,451
eighteen consecutive days of electronically monitored house 1,452
arrest permitted to be imposed by division (A)(2) of this 1,453
section, or the alternative sentence of a term of imprisonment of 1,454
fifteen consecutive days plus not less than fifty-five 1,455
consecutive days of electronically monitored house arrest 1,456
permitted to be imposed pursuant to division (A)(3) of this 1,457
section, unless within sixty days of the date of sentencing, the 1,458
court issues a written finding, entered into the record, that due 1,459
to the unavailability of space at the incarceration facility 1,460
where the offender is required to serve the term of imprisonment 1,461
imposed upon the offender, the offender will not be able to 1,462
commence serving the term of imprisonment within the sixty-day 1,464
period following the date of sentencing. If the court issues 1,465
such a finding, the court may impose the alternative sentence 1,466
comprised of a term of imprisonment and a term of electronically 1,467
monitored house arrest permitted to be imposed by division (A)(2) 1,468
or (3) of this section. 1,469
(B) Whoever violates section 4511.192, 4511.251, or 1,471
4511.85 of the Revised Code is guilty of a misdemeanor of the 1,472
first degree. The court, in addition to or independent of all 1,473
other penalties provided by law, may suspend for a period not to 1,474
38
exceed one year the driver's or commercial driver's license or 1,475
permit or nonresident operating privilege of any person who 1,476
pleads guilty to or is convicted of a violation of section 1,477
4511.192 of the Revised Code. 1,478
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 1,480
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 1,481
guilty of one of the following: 1,482
(1) Except as otherwise provided in division (C)(2) of 1,484
this section, a minor misdemeanor. 1,485
(2) If the offender previously has been convicted of or 1,488
pleaded guilty to one or more violations of section 4511.63, 1,489
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 1,490
Revised Code or a municipal ordinance that is substantially 1,491
similar to any of those sections, a misdemeanor of the fourth 1,494
degree.
(D)(1) Whoever violates any provision of sections 4511.01 1,496
to 4511.76 or section 4511.84 of the Revised Code, for which no 1,497
penalty otherwise is provided in this section is guilty of one of 1,498
the following: 1,499
(a) Except as otherwise provided in division (D)(1)(b), 1,502
(1)(c), (2), or (3) of this section, a minor misdemeanor; 1,503
(b) If, within one year of the offense, the offender 1,505
previously has been convicted of or pleaded guilty to one 1,507
violation of any provision of sections 4511.01 to 4511.76 or 1,509
section 4511.84 of the Revised Code for which no penalty 1,510
otherwise is provided in this section or a municipal ordinance 1,512
that is substantially similar to any provision of sections 1,513
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 1,514
which no penalty otherwise is provided in this section, a 1,515
misdemeanor of the fourth degree; 1,517
(c) If, within one year of the offense, the offender 1,519
previously has been convicted of or pleaded guilty to two or more 1,520
violations of any provision described in division (D)(1)(b) of 1,522
this section or any municipal ordinance that is substantially 1,523
39
similar to any of those provisions, a misdemeanor of the third 1,524
degree. 1,525
(2) When any person is found guilty of a first offense for 1,527
a violation of section 4511.21 of the Revised Code upon a finding 1,528
that the person operated a motor vehicle faster than thirty-five 1,530
miles an hour in a business district of a municipal corporation, 1,531
or faster than fifty miles an hour in other portions, or faster 1,532
than thirty-five miles an hour while passing through a school 1,533
zone during recess or while children are going to or leaving 1,534
school during the opening or closing hours, the person is guilty 1,535
of a misdemeanor of the fourth degree. 1,536
(3) Notwithstanding section 2929.21 of the Revised Code, 1,538
upon a finding that such person operated a motor vehicle in a 1,539
construction zone where a sign was then posted in accordance with 1,540
section 4511.98 of the Revised Code, the court, in addition to 1,541
all other penalties provided by law, shall impose a fine of two 1,542
times the usual amount imposed for the violation. No court shall 1,543
impose a fine of two times the usual amount imposed for the 1,544
violation upon an offender who alleges, in an affidavit filed 1,545
with the court prior to the offender's sentencing, that the 1,546
offender is indigent and is unable to pay the fine imposed 1,547
pursuant to this division, provided the court determines the 1,548
offender is an indigent person and is unable to pay the fine. 1,549
(E) Whenever a person is found guilty in a court of record 1,551
of a violation of section 4511.761, 4511.762, or 4511.77 of the 1,552
Revised Code, the trial judge, in addition to or independent of 1,553
all other penalties provided by law, may suspend for any period 1,554
of time not exceeding three years, or revoke the license of any 1,555
person, partnership, association, or corporation, issued under 1,556
section 4511.763 of the Revised Code. 1,557
(F) Whoever violates division (E) or (F) of section 1,559
4511.51, division (A), (D), or (E) of section 4511.521, section 1,560
4511.681, division (A), OR (C), or (F) of section 4511.69, 1,562
section 4511.772, or division (A) or (B) of section 4511.82 of
40
the Revised Code is guilty of a minor misdemeanor. 1,563
(G) Whoever violates division (A) of section 4511.75 of 1,565
the Revised Code may be fined an amount not to exceed five 1,566
hundred dollars. A person who is issued a citation for a 1,567
violation of division (A) of section 4511.75 of the Revised Code 1,568
is not permitted to enter a written plea of guilty and waive the 1,569
person's right to contest the citation in a trial, but instead 1,570
must appear in person in the proper court to answer the charge. 1,571
(H)(1) Whoever is a resident of this state and violates 1,573
division (A) or (B) of section 4511.81 of the Revised Code shall 1,574
be punished as follows: 1,575
(a) Except as otherwise provided in division (H)(1)(b) of 1,577
this section, the offender is guilty of a minor misdemeanor. 1,579
(b) If the offender previously has been convicted of or 1,581
pleaded guilty to a violation of division (A) or (B) of section 1,582
4511.81 of the Revised Code or of a municipal ordinance that is 1,584
substantially similar to either of those divisions, the offender 1,585
is guilty of a misdemeanor of the fourth degree. 1,586
(2) Whoever is not a resident of this state, violates 1,588
division (A) or (B) of section 4511.81 of the Revised Code, and 1,589
fails to prove by a preponderance of the evidence that the 1,590
offender's use or nonuse of a child restraint system was in 1,591
accordance with the law of the state of which the offender is a 1,593
resident is guilty of a minor misdemeanor on a first offense; on 1,595
a second or subsequent offense, that person is guilty of a 1,596
misdemeanor of the fourth degree. 1,597
(3) Sixty-five per cent of every fine imposed pursuant to 1,599
division (H)(1) or (2) of this section shall be forwarded to the 1,600
treasurer of state for deposit in the "child highway safety fund" 1,601
created by division (G) of section 4511.81 of the Revised Code. 1,602
The balance of the fine shall be disbursed as otherwise provided 1,603
by law. 1,604
(I) Whoever violates section 4511.202 of the Revised Code 1,606
is guilty of operating a motor vehicle without being in control 1,607
41
of it, a minor misdemeanor. 1,608
(J) Whoever violates division (B) of section 4511.74, 1,610
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 1,611
section 4511.83 of the Revised Code is guilty of a misdemeanor of 1,612
the first degree. 1,613
(K) Except as otherwise provided in this division, whoever 1,615
violates division (E) of section 4511.11, division (A) or (C) of 1,616
section 4511.17, or section 4511.18 of the Revised Code is guilty 1,617
of a misdemeanor of the third degree. If a violation of division 1,618
(A) or (C) of section 4511.17 of the Revised Code creates a risk 1,619
of physical harm to any person, the offender is guilty of a 1,620
misdemeanor of the first degree. A violation of division (A) or 1,621
(C) of section 4511.17 of the Revised Code that causes serious 1,622
physical harm to property that is owned, leased, or controlled by 1,623
a state or local authority is a felony of the fifth degree. 1,625
(L) Whoever violates division (H) of section 4511.69 of 1,627
the Revised Code shall be punished as follows: 1,628
(1) Except as otherwise provided in division (L)(2) of 1,631
this section, the offender shall be issued a warning. 1,632
(2) If the offender previously has been convicted of or 1,634
pleaded guilty to a violation of division (H) of section 4511.69 1,635
of the Revised Code or of a municipal ordinance that is 1,636
substantially similar to that division, the offender shall not be 1,637
issued a warning but shall be fined twenty-five dollars for each 1,638
parking location that is not properly marked or whose markings 1,640
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 1,642
4511.45 of the Revised Code is guilty of a misdemeanor of the 1,643
fourth degree on a first offense; on a second offense within one 1,644
year after the first offense, the person is guilty of a 1,645
misdemeanor of the third degree; and on each subsequent offense 1,646
within one year after the first offense, the person is guilty of 1,647
a misdemeanor of the second degree. 1,648
(N)(1) Whoever violates division (B) of section 4511.19 of 1,651
42
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 1,652
(a) Except as otherwise provided in division (N)(1)(b) of 1,655
this section, the offender is guilty of a misdemeanor of the 1,657
fourth degree.
(b) If, within one year of the offense, the offender has 1,659
been convicted of or pleaded guilty to any violation of division 1,660
(A) or (B) of section 4511.19 of the Revised Code, a municipal 1,661
ordinance relating to operating a vehicle while under the 1,662
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,663
abuse, a municipal ordinance relating to operating a vehicle with 1,664
a prohibited concentration of alcohol in the blood, breath, or 1,665
urine, section 2903.04 of the Revised Code in a case in which the 1,666
offender was subject to the sanctions described in division (D) 1,667
of that section, section 2903.06, 2903.07, or 2903.08 of the 1,668
Revised Code or a municipal ordinance that is substantially 1,669
similar to section 2903.07 of the Revised Code in a case in which 1,670
the jury or judge found that the offender was under the influence 1,671
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,672
statute of the United States or of any other state or a municipal 1,674
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 1,675
4511.19 of the Revised Code, the offender is guilty of a 1,676
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 1,678
provided by law, the offender's driver's or commercial driver's 1,679
license or permit or nonresident operating privilege shall be 1,680
suspended in accordance with, and for the period of time 1,681
specified in, division (E) of section 4507.16 of the Revised 1,682
Code. 1,683
(O) Whoever violates section 4511.62 of the Revised Code 1,686
is guilty of a misdemeanor of the fourth degree.
(P) WHOEVER VIOLATES DIVISION (F)(1)(a) OR (b) OF SECTION 1,689
4511.69 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR AND SHALL 1,692
43
BE FINED NOT LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE
HUNDRED DOLLARS, BUT IN NO CASE SHALL AN OFFENDER BE SENTENCED TO 1,694
ANY TERM OF IMPRISONMENT. 1,695
ARREST OR CONVICTION FOR A VIOLATION OF DIVISION (F)(1)(a) 1,698
OR (b) OF SECTION 4511.69 OF THE REVISED CODE DOES NOT CONSTITUTE 1,700
A CRIMINAL RECORD AND NEED NOT BE REPORTED BY THE PERSON SO 1,701
ARRESTED OR CONVICTED IN RESPONSE TO ANY INQUIRIES CONTAINED IN 1,702
ANY APPLICATION FOR EMPLOYMENT, LICENSE, OR OTHER RIGHT OR 1,703
PRIVILEGE, OR MADE IN CONNECTION WITH THE PERSON'S APPEARANCE AS 1,704
A WITNESS. 1,705
EVERY FINE COLLECTED UNDER THIS DIVISION SHALL BE PAID BY 1,707
THE CLERK OF THE COURT TO THE POLITICAL SUBDIVISION IN WHICH THE 1,708
VIOLATION OCCURRED. EXCEPT AS PROVIDED IN THIS DIVISION, THE 1,709
POLITICAL SUBDIVISION SHALL USE THE FINE MONEYS IT RECEIVES UNDER 1,710
THIS DIVISION TO PAY THE EXPENSES IT INCURS IN COMPLYING WITH THE 1,712
SIGNAGE AND NOTICE REQUIREMENTS CONTAINED IN DIVISION (E) OF
SECTION 4511.69 OF THE REVISED CODE. THE POLITICAL SUBDIVISION 1,713
MAY USE UP TO FIFTY PER CENT OF EACH FINE IT RECEIVES UNDER THIS 1,714
DIVISION TO PAY THE COSTS OF EDUCATIONAL, ADVOCACY, SUPPORT, AND 1,715
ASSISTIVE TECHNOLOGY PROGRAMS FOR PERSONS WITH DISABILITIES, AND 1,716
FOR PUBLIC IMPROVEMENTS WITHIN THE POLITICAL SUBDIVISION THAT 1,717
BENEFIT OR ASSIST PERSONS WITH DISABILITIES, IF GOVERNMENTAL 1,718
AGENCIES OR NONPROFIT ORGANIZATIONS OFFER THE PROGRAMS. 1,719
Sec. 4731.481. NO PHYSICIAN SHALL DO EITHER OF THE 1,721
FOLLOWING: 1,722
(A) FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO 1,723
ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD, 1,724
TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER 1,725
SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES 1,726
NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT 1,727
SECTION;
(B) FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN 1,729
DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE 1,731
PRESCRIPTION THE LENGTH OF TIME THE PHYSICIAN EXPECTS THE PERSON
44
TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S 1,733
ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD 1,735
ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF 1,736
TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR 1,738
PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES. 1,739
Sec. 4731.99. (A) Whoever violates section 4731.41, 1,748
4731.43, or 4731.60 of the Revised Code is guilty of a felony of 1,750
the fifth degree on a first offense and a felony of the fourth 1,751
degree on each subsequent offense. 1,752
(B) Whoever violates section 4731.49, 4731.50, or 4731.81 1,755
of the Revised Code is guilty of a misdemeanor of the fourth 1,756
degree on a first offense and a misdemeanor of the first degree
on each subsequent offense. 1,757
(C) Whoever violates section 4731.46 or 4731.47 of the 1,759
Revised Code is guilty of a felony of the fifth degree. 1,760
(D) Whoever violates section 4731.48 of the Revised Code 1,762
is guilty of a misdemeanor of the fourth degree. 1,763
(E) Whoever violates division (A), (B), (C), or (D) of 1,765
section 4731.224 of the Revised Code is guilty of a minor 1,766
misdemeanor on a first offense and a misdemeanor of the fourth 1,767
degree on each subsequent offense, except that an individual 1,770
guilty of a subsequent offense shall not be subject to 1,771
imprisonment, but to a fine alone of up to one thousand dollars 1,772
for each offense.
(F) WHOEVER VIOLATES SECTION 4731.481 OF THE REVISED CODE 1,774
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 1,775
Sec. 4734.23. NO CHIROPRACTOR SHALL DO EITHER OF THE 1,777
FOLLOWING: 1,778
(A) FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO 1,779
ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD, 1,781
TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER 1,782
SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES 1,783
NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT 1,784
SECTION;
45
(B) FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN 1,786
DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE 1,788
PRESCRIPTION THE LENGTH OF TIME THE CHIROPRACTOR EXPECTS THE
PERSON TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S 1,790
ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD 1,792
ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF 1,793
TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR 1,795
PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES. 1,796
Sec. 4734.99. (A) Whoever violates section 4734.17 of the 1,805
Revised Code is guilty of a misdemeanor of the second degree on a 1,806
first offense and a felony of the fifth degree on each subsequent 1,807
offense.
(B) WHOEVER VIOLATES SECTION 4734.23 OF THE REVISED CODE 1,809
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 1,810
Section 2. That existing sections 109.77, 3781.111, 1,812
4503.44, 4511.69, 4511.99, 4731.99, and 4734.99 of the Revised 1,813
Code are hereby repealed. 1,814
Section 3. Sections 3781.111, 4503.44, 4511.69, 4511.99, 1,816
4731.481, 4731.99, 4734.23, and 4734.99 of the Revised Code, as 1,817
enacted or amended by this act, shall take effect on the 1,818
ninety-first day after this act becomes law. 1,819
Section 4. This act is hereby declared to be an emergency 1,821
measure necessary for the immediate preservation of the public 1,822
peace, health, and safety. The reason for such necessity is that 1,823
the status of persons serving on a permanent basis prior to 1,824
September 20, 1984, as liquor control investigators (known after 1,825
June 30, 1999, as enforcement agents of the Department of Public 1,826
Safety) requires clarification for those persons to continue to 1,827
serve in that capacity. Therefore, this act shall go into 1,828
immediate effect. 1,829