REPRESENTATIVES Faber, Setzer, Sulzer, Jolivette, Seitz, Clancy, Calvert, Niehaus, Raga, Hagan, Evans, Blasdel, Ogg, Flowers, Boccieri, Schneider, Manning, Wolpert, Metzger, Grendell, Peterson, Rhine, Otterman, Gilb, Olman, Brown, Lendrum

To amend sections 1309.109, 4501.01, 4509.01, 4511.01,

1

and 4511.99 and to enact section 4511.512 of the

2

Revised Code to exempt electric personal assistive

3

mobility devices from the definition of "vehicle"

4

in the motor vehicle and traffic laws; to permit

5

their operation on sidewalks, bikeways, and public

6

streets and highways, subject to certain

7

restrictions; and to clarify the relationship

8

between the transfer of the lottery prize award and

9

the Secured Transactions Law.

10

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

Section 1. That sections 1309.109, 4501.01, 4509.01, 4511.01,	11
and 4511.99 be amended and section 4511.512 of the Revised Code be	12
enacted to read as follows:	13

Sec. 1309.109.  (A) Except as otherwise provided in	14
divisions (C) and (D) of this section, this chapter applies to:	15

(1) A transaction, regardless of its form, that creates a	16
security interest in personal property or fixtures by contract;	17

(2) An agricultural lien;

18

(3) A sale of accounts, chattel paper, payment intangibles,	19
or promissory notes;	20

(4) A consignment;

21

(5) A security interest arising under section 1302.42,or	22
1302.49, division (C) of section 1302.85, or division (E) of	23
section 1310.54 of the Revised Code, as provided in section	24
1309.110 of the Revised Code; and	25

(6) A security interest arising under section 1304.20 or	26
1305.18 of the Revised Code.	27

(B) The application of this chapter to a security interest	28
in a secured obligation is not affected by the fact that the	29
obligation is itself secured by a transaction or interest to which	30
this chapter does not apply.	31

(C) This chapter does not apply to the extent that:

32

(1) A statute, regulation, or treaty of the United States	33
preempts this chapter; or	34

(2) The rights of a transferee beneficiary or nominated	35
person under a letter of credit are independent and superior under	36
section 1305.13 of the Revised Code.	37

(D) This chapter does not apply to:

38

(1) A landlord's lien, other than an agricultural lien;

39

(2)(a) A lien, not enumerated in division (D)(2) of this	40
section and other than an agricultural lien, given by statute or	41
other rule of law for services or materials, including any lien	42
created under any provision of Chapter 926., sections 1311.55 to	43
1311.57, sections 1311.71 to 1311.80, section 1701.66, or Chapter	44
4585. of the Revised Code;	45

(b) Notwithstanding division (D)(2)(a) of this section,	46
section 1309.333 of the Revised Code applies with respect to	47
priority of the lien.	48

(3) An assignment of a claim for wages, salary, or other	49
compensation of an employee;	50

(4) A sale of accounts, chattel paper, payment intangibles,	51
or promissory notes as part of a sale of the business out of which	52
they arose;	53

(5) An assignment of accounts, chattel paper, payment	54
intangibles, or promissory notes that is for the purpose of	55
collection only;	56

(6) An assignment of a right to payment under a contract to	57
an assignee that is also obligated to perform under the contract;	58

(7) An assignment of a single account, payment intangible,	59
or promissory note to an assignee in full or partial satisfaction	60
of a preexisting indebtedness;	61

(8) A transfer of an interest in or an assignment of a claim	62
under a policy of insurance, other than an assignment by or to a	63
health-care provider of a health-care-insurance receivable and any	64
subsequent assignment of the right to payment, but sections	65
1309.315 and 1309.322 of the Revised Code apply with respect to	66
proceeds and priorities in proceeds;	67

(9) An assignment of a right represented by a judgment,	68
other than a judgment taken on a right to payment that was	69
collateral;	70

(10) A right of recoupment or set-off, but:

71

(a) Section 1309.340 of the Revised Code applies with	72
respect to the effectiveness of rights of recoupment or set-off	73
against deposit accounts; and	74

(b) Section 1309.404 of the Revised Code applies with	75
respect to defenses or claims of an account debtor.	76

(11) The creation or transfer of an interest in or lien on	77
real property, including a lease or rents under a lease, except to	78
the extent that provision is made for:	79

(a) Liens on real property in sections 1309.203 and 1309.308	80
of the Revised Code;	81

(b) Fixtures in section 1309.334 of the Revised Code;

82

(c) Fixture filings in sections 1309.501, 1309.502,	83
1309.512, 1309.516, and 1309.519 of the Revised Code; and	84

(d) Security agreements covering personal and real property	85
in section 1309.604 of the Revised Code.	86

(12) An assignment of a claim arising in tort, other than a	87
commercial tort claim, but sections 1309.315 and 1309.322 of the	88
Revised Code apply with respect to proceeds and priorities in	89
proceeds;	90

(13) An assignment of a deposit account in a consumer	91
transaction, but sections 1309.315 and 1309.322 of the Revised	92
Code apply with respect to proceeds and priorities in proceeds; or	93

(14) A transfer by a government, state, or governmental unit.

94

(E) The granting of a security interest in all or any part	95
of a lottery prize award for consideration is subject to the	96
prohibition of division (A)(3) of section 3770.07 of the Revised	97
Code. The sale, assignment, or other redirection of a lottery	98
prize award for consideration is subject to the provisions of	99
division (A)(4) of section 3770.07 and sections 3770.10 to 3770.14	100
of the Revised Code.	101

Sec. 4501.01.  As used in this chapter and Chapters 4503.,	102
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the	103
Revised Code, and in the penal laws, except as otherwise	104
provided:	105

(A) "Vehicles" means everything on wheels or runners,	106
including motorized bicycles, but does not mean electric personal	107
assistive mobility devices, vehicles that are operated	108
exclusively on rails or tracks or from overhead electric trolley	109
wires, and vehicles that belong to any police department,	110
municipal fire department, or volunteer fire department, or that	111
are used by such a department in the discharge of its functions.	112

(B) "Motor vehicle" means any vehicle, including mobile	113
homes and recreational vehicles, that is propelled or drawn by	114
power other than muscular power or power collected from overhead	115
electric trolley wires. "Motor vehicle" does not include	116
motorized bicycles, road rollers, traction engines, power	117
shovels, power cranes, and other equipment used in construction	118
work and not designed for or employed in general highway	119
transportation, well-drilling machinery, ditch-digging	120
machinery, farm machinery, trailers that are used to transport	121
agricultural produce or agricultural production materials	122
between a local place of storage or supply and the farm when	123
drawn or towed on a public road or highway at a speed of	124
twenty-five miles per hour or less, threshing machinery,	125
hay-baling machinery, corn sheller, hammermill and agricultural	126
tractors, machinery used in the production of horticultural,	127
agricultural, and vegetable products, and trailers that are	128
designed and used exclusively to transport a boat between a	129
place of storage and a marina, or in and around a marina, when	130
drawn or towed on a public road or highway for a distance of no	131
more than ten miles and at a speed of twenty-five miles per hour	132
or less.	133

(C) "Agricultural tractor" and "traction engine" mean any	134
self-propelling vehicle that is designed or used for drawing other	135
vehicles or wheeled machinery, but has no provisions for carrying	136
loads independently of such other vehicles, and that is used	137
principally for agricultural purposes.	138

(D) "Commercial tractor," except as defined in division (C)	139
of this section, means any motor vehicle that has motive power	140
and either is designed or used for drawing other motor vehicles,	141
or is designed or used for drawing another motor vehicle while	142
carrying a portion of the other motor vehicle or its load, or	143
both.	144

(E) "Passenger car" means any motor vehicle that is designed	145
and used for carrying not more than nine persons and includes any	146
motor vehicle that is designed and used for carrying not more	147
than fifteen persons in a ridesharing arrangement.	148

(F) "Collector's vehicle" means any motor vehicle or	149
agricultural tractor or traction engine that is of special	150
interest, that has a fair market value of one hundred dollars or	151
more, whether operable or not, and that is owned, operated,	152
collected, preserved, restored, maintained, or used essentially	153
as a collector's item, leisure pursuit, or investment, but not	154
as the owner's principal means of transportation. "Licensed	155
collector's vehicle" means a collector's vehicle, other than an	156
agricultural tractor or traction engine, that displays current,	157
valid license tags issued under section 4503.45 of the Revised	158
Code, or a similar type of motor vehicle that displays current,	159
valid license tags issued under substantially equivalent	160
provisions in the laws of other states.	161

(G) "Historical motor vehicle" means any motor vehicle that	162
is over twenty-five years old and is owned solely as a	163
collector's item and for participation in club activities,	164
exhibitions, tours, parades, and similar uses, but that in no	165
event is used for general transportation.	166

(H) "Noncommercial motor vehicle" means any motor vehicle,	167
including a farm truck as defined in section 4503.04 of the	168
Revised Code, that is designed by the manufacturer to carry a load	169
of no more than one ton and is used exclusively for purposes	170
other than engaging in business for profit.	171

(I) "Bus" means any motor vehicle that has motor power and	172
is designed and used for carrying more than nine passengers,	173
except any motor vehicle that is designed and used for carrying	174
not more than fifteen passengers in a ridesharing arrangement.	175

(J) "Commercial car" or "truck" means any motor vehicle	176
that has motor power and is designed and used for carrying	177
merchandise or freight, or that is used as a commercial tractor.	178

(K) "Bicycle" means every device, other than a tricycle	179
that is designed solely for use as a play vehicle by a child,	180
that is propelled solely by human power upon which any person	181
may ride, and that has either two tandem wheels, or one wheel in	182
front and two wheels in the rear, any of which is more than	183
fourteen inches in diameter.	184

(L) "Motorized bicycle" means any vehicle that either has	185
two tandem wheels or one wheel in the front and two wheels in	186
the rear, that is capable of being pedaled, and that is equipped	187
with a helper motor of not more than fifty cubic centimeters	188
piston displacement that produces no more than one brake	189
horsepower and is capable of propelling the vehicle at a speed of	190
no greater than twenty miles per hour on a level surface.	191

(M) "Trailer" means any vehicle without motive power that	192
is designed or used for carrying property or persons wholly on	193
its own structure and for being drawn by a motor vehicle, and	194
includes any such vehicle that is formed by or operated as a	195
combination of a semitrailer and a vehicle of the dolly type such	196
as that commonly known as a trailer dolly, a vehicle used to	197
transport agricultural produce or agricultural production	198
materials between a local place of storage or supply and the farm	199
when drawn or towed on a public road or highway at a speed	200
greater than twenty-five miles per hour, and a vehicle that is	201
designed and used exclusively to transport a boat between a	202
place of storage and a marina, or in and around a marina, when	203
drawn or towed on a public road or highway for a distance of	204
more than ten miles or at a speed of more than twenty-five miles	205
per hour. "Trailer" does not include a manufactured home or	206
travel trailer.	207

(N) "Noncommercial trailer" means any trailer, except a	208
travel trailer or trailer that is used to transport a boat as	209
described in division (B) of this section, but, where applicable,	210
includes a vehicle that is used to transport a boat as described	211
in division (M) of this section, that has a gross weight of no	212
more than three thousand pounds, and that is used exclusively for	213
purposes other than engaging in business for a profit.	214

(O) "Mobile home" means a building unit or assembly of	215
closed construction that is fabricated in an off-site facility,	216
is more than thirty-five body feet in length or, when erected	217
on site, is three hundred twenty or more square feet, is built	218
on a permanent chassis, is transportable in one or more	219
sections, and does not qualify as a manufactured home as	220
defined in division (C)(4) of section 3781.06 of the Revised	221
Code or as an industrialized unit as defined in division (C)(3)	222
of section 3781.06 of the Revised Code.	223

(P) "Semitrailer" means any vehicle of the trailer type	224
that does not have motive power and is so designed or used with	225
another and separate motor vehicle that in operation a part of	226
its own weight or that of its load, or both, rests upon and is	227
carried by the other vehicle furnishing the motive power for	228
propelling itself and the vehicle referred to in this division,	229
and includes, for the purpose only of registration and taxation	230
under those chapters, any vehicle of the dolly type, such as a	231
trailer dolly, that is designed or used for the conversion of a	232
semitrailer into a trailer.	233

(Q) "Recreational vehicle" means a vehicular portable	234
structure that meets all of the following conditions:	235

(1) It is designed for the sole purpose of recreational	236
travel.	237

(2) It is not used for the purpose of engaging in business	238
for profit.	239

(3) It is not used for the purpose of engaging in intrastate	240
commerce.	241

(4) It is not used for the purpose of commerce as defined in	242
49 C.F.R. 383.5, as amended.	243

(5) It is not regulated by the public utilities commission	244
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	245

(6) It is classed as one of the following:

246

(a) "Travel trailer" means a nonself-propelled recreational	247
vehicle that does not exceed an overall length of thirty-five	248
feet, exclusive of bumper and tongue or coupling, and contains	249
less than three hundred twenty square feet of space when erected	250
on site. "Travel trailer" includes a tent-type fold-out camping	251
trailer as defined in section 4517.01 of the Revised Code.	252

(b) "Motor home" means a self-propelled recreational	253
vehicle that has no fifth wheel and is constructed with	254
permanently installed facilities for cold storage, cooking and	255
consuming of food, and for sleeping.	256

(c) "Truck camper" means a nonself-propelled recreational	257
vehicle that does not have wheels for road use and is designed to	258
be placed upon and attached to a motor vehicle. "Truck camper"	259
does not include truck covers that consist of walls and a roof,	260
but do not have floors and facilities enabling them to be used as	261
a dwelling.	262

(d) "Fifth wheel trailer" means a vehicle that is of such	263
size and weight as to be movable without a special highway	264
permit, that has a gross trailer area of four hundred square	265
feet or less, that is constructed with a raised forward section	266
that allows a bi-level floor plan, and that is designed to be	267
towed by a vehicle equipped with a fifth-wheel hitch ordinarily	268
installed in the bed of a truck.	269

(e) "Park trailer" means a vehicle that is commonly known as	270
a park model recreational vehicle, meets the American national	271
standard institute standard A119.5 (1988) for park trailers, is	272
built on a single chassis, has a gross trailer area of four	273
hundred square feet or less when set up, is designed for seasonal	274
or temporary living quarters, and may be connected to utilities	275
necessary for the operation of installed features and appliances.	276

(R) "Pneumatic tires" means tires of rubber and fabric or	277
tires of similar material, that are inflated with air.	278

(S) "Solid tires" means tires of rubber or similar elastic	279
material that are not dependent upon confined air for support of	280
the load.	281

(T) "Solid tire vehicle" means any vehicle that is equipped	282
with two or more solid tires.	283

(U) "Farm machinery" means all machines and tools that are	284
used in the production, harvesting, and care of farm products,	285
and includes trailers that are used to transport agricultural	286
produce or agricultural production materials between a local	287
place of storage or supply and the farm when drawn or towed on a	288
public road or highway at a speed of twenty-five miles per hour	289
or less.	290

(V) "Owner" includes any person or firm, other than a	291
manufacturer or dealer, that has title to a motor vehicle,	292
except that, in sections 4505.01 to 4505.19 of the Revised Code,	293
"owner" includes in addition manufacturers and dealers.	294

(W) "Manufacturer" and "dealer" include all persons and	295
firms that are regularly engaged in the business of	296
manufacturing, selling, displaying, offering for sale, or dealing	297
in motor vehicles, at an established place of business that is	298
used exclusively for the purpose of manufacturing, selling,	299
displaying, offering for sale, or dealing in motor vehicles. A	300
place of business that is used for manufacturing, selling,	301
displaying, offering for sale, or dealing in motor vehicles shall	302
be deemed to be used exclusively for those purposes even though	303
snowmobiles or all-purpose vehicles are sold or displayed for	304
sale thereat, even though farm machinery is sold or displayed	305
for sale thereat, or even though repair, accessory, gasoline	306
and oil, storage, parts, service, or paint departments are	307
maintained thereat, or, in any county having a population of	308
less than seventy-five thousand at the last federal census,	309
even though a department in a place of business is used to	310
dismantle, salvage, or rebuild motor vehicles by means of used	311
parts, if such departments are operated for the purpose of	312
furthering and assisting in the business of manufacturing,	313
selling, displaying, offering for sale, or dealing in motor	314
vehicles. Places of business or departments in a place of	315
business used to dismantle, salvage, or rebuild motor vehicles	316
by means of using used parts are not considered as being	317
maintained for the purpose of assisting or furthering the	318
manufacturing, selling, displaying, and offering for sale or	319
dealing in motor vehicles.	320

(X) "Operator" includes any person who drives or operates a	321
motor vehicle upon the public highways.	322

(Y) "Chauffeur" means any operator who operates a motor	323
vehicle, other than a taxicab, as an employee for hire; or any	324
operator whether or not the owner of a motor vehicle, other than	325
a taxicab, who operates such vehicle for transporting, for gain,	326
compensation, or profit, either persons or property owned by	327
another. Any operator of a motor vehicle who is voluntarily	328
involved in a ridesharing arrangement is not considered an	329
employee for hire or operating such vehicle for gain,	330
compensation, or profit.	331

(Z) "State" includes the territories and federal districts	332
of the United States, and the provinces of Canada.	333

(AA) "Public roads and highways" for vehicles includes all	334
public thoroughfares, bridges, and culverts.	335

(BB) "Manufacturer's number" means the manufacturer's	336
original serial number that is affixed to or imprinted upon the	337
chassis or other part of the motor vehicle.	338

(CC) "Motor number" means the manufacturer's original	339
number that is affixed to or imprinted upon the engine or motor	340
of the vehicle.	341

(DD) "Distributor" means any person who is authorized by a	342
motor vehicle manufacturer to distribute new motor vehicles to	343
licensed motor vehicle dealers at an established place of	344
business that is used exclusively for the purpose of	345
distributing new motor vehicles to licensed motor vehicle	346
dealers, except when the distributor also is a new motor vehicle	347
dealer, in which case the distributor may distribute at the	348
location of the distributor's licensed dealership.	349

(EE) "Ridesharing arrangement" means the transportation of	350
persons in a motor vehicle where the transportation is incidental	351
to another purpose of a volunteer driver and includes ridesharing	352
arrangements known as carpools, vanpools, and buspools.	353

(FF) "Apportionable vehicle" means any vehicle that is used	354
or intended for use in two or more international registration	355
plan member jurisdictions that allocate or proportionally	356
register vehicles, that is used for the transportation of persons	357
for hire or designed, used, or maintained primarily for the	358
transportation of property, and that meets any of the following	359
qualifications:	360

(1) Is a power unit having a gross vehicle weight in excess	361
of twenty-six thousand pounds;	362

(2) Is a power unit having three or more axles, regardless	363
of the gross vehicle weight;	364

(3) Is a combination vehicle with a gross vehicle weight in	365
excess of twenty-six thousand pounds.	366

"Apportionable vehicle" does not include recreational	367
vehicles, vehicles displaying restricted plates, city pick-up and	368
delivery vehicles, buses used for the transportation of chartered	369
parties, or vehicles owned and operated by the United States,	370
this state, or any political subdivisions thereof.	371

(GG) "Chartered party" means a group of persons who	372
contract as a group to acquire the exclusive use of a	373
passenger-carrying motor vehicle at a fixed charge for the	374
vehicle in accordance with the carrier's tariff, lawfully on file	375
with the United States department of transportation, for the	376
purpose of group travel to a specified destination or for a	377
particular itinerary, either agreed upon in advance or modified	378
by the chartered group after having left the place of origin.	379

(HH) "International registration plan" means a reciprocal	380
agreement of member jurisdictions that is endorsed by the	381
American association of motor vehicle administrators, and that	382
promotes and encourages the fullest possible use of the highway	383
system by authorizing apportioned registration of fleets of	384
vehicles and recognizing registration of vehicles apportioned in	385
member jurisdictions.	386

(II) "Restricted plate" means a license plate that has a	387
restriction of time, geographic area, mileage, or commodity, and	388
includes license plates issued to farm trucks under division (K)	389
of section 4503.04 of the Revised Code.	390

(JJ) "Gross vehicle weight," with regard to any commercial	391
car, trailer, semitrailer, or bus that is taxed at the rates	392
established under section 4503.042 of the Revised Code, means the	393
unladen weight of the vehicle fully equipped plus the maximum	394
weight of the load to be carried on the vehicle.	395

(KK) "Combined gross vehicle weight" with regard to any	396
combination of a commercial car, trailer, and semitrailer, that	397
is taxed at the rates established under section 4503.042 of the	398
Revised Code, means the total unladen weight of the combination	399
of vehicles fully equipped plus the maximum weight of the load to	400
be carried on that combination of vehicles.	401

(LL) "Chauffeured limousine" means a motor vehicle that is	402
designed to carry nine or fewer passengers and is operated for	403
hire on an hourly basis pursuant to a prearranged contract for	404
the transportation of passengers on public roads and highways	405
along a route under the control of the person hiring the vehicle	406
and not over a defined and regular route. "Prearranged contract"	407
means an agreement, made in advance of boarding, to provide	408
transportation from a specific location in a chauffeured	409
limousine at a fixed rate per hour or trip. "Chauffeured	410
limousine" does not include any vehicle that is used exclusively	411
in the business of funeral directing.	412

(MM) "Manufactured home" has the same meaning as in	413
division (C)(4) of section 3781.06 of the Revised Code.	414

(NN) "Acquired situs," with respect to a manufactured home	415
or a mobile home, means to become located in this state by the	416
placement of the home on real property, but does not include the	417
placement of a manufactured home or a mobile home in the	418
inventory of a new motor vehicle dealer or the inventory of a	419
manufacturer, remanufacturer, or distributor of manufactured or	420
mobile homes.	421

(OO) "Electronic" includes electrical, digital, magnetic,	422
optical, electromagnetic, or any other form of technology that	423
entails capabilities similar to these technologies.	424

(PP) "Electronic record" means a record generated,	425
communicated, received, or stored by electronic means for use in	426
an information system or for transmission from one information	427
system to another.	428

(QQ) "Electronic signature" means a signature in electronic	429
form attached to or logically associated with an electronic	430
record.	431

(RR) "Financial transaction device" has the same meaning as	432
in division (A) of section 113.40 of the Revised Code.	433

(SS) "Electronic motor vehicle dealer" means a motor vehicle	434
dealer licensed under Chapter 4517. of the Revised Code whom the	435
registrar of motor vehicles determines meets the criteria	436
designated in section 4503.035 of the Revised Code for electronic	437
motor vehicle dealers and designates as an electronic motor	438
vehicle dealer under that section.	439

(TT) "Electric personal assistive mobility device" means a	440
self-balancing two non-tandem wheeled device that is designed to	441
transport only one person, has an electric propulsion system of an	442
average of seven hundred fifty watts, and when ridden on a paved	443
level surface by an operator who weighs one hundred seventy pounds	444
has a maximum speed of less than twenty miles per hour.	445

Sec. 4509.01.  As used in sections 4509.01 to 4509.78 of the	446
Revised Code:	447

(A) "Person" includes every natural person, firm,	448
partnership, association, or corporation.	449

(B) "Driver" means every person who drives or is in actual	450
physical control of a motor vehicle.	451

(C) "License" includes any license, permit, or privilege to	452
operate a motor vehicle issued under the laws of this state	453
including:	454

(1) Any temporary instruction permit or examiner's driving	455
permit;	456

(2) The privilege of any person to drive a motor vehicle	457
whether or not such person holds a valid license;	458

(3) Any nonresident's operating privilege.

459

(D) "Owner" means a person who holds the legal title of a	460
motor vehicle. If a motor vehicle is the subject of a lease with	461
an immediate right of possession vested in the lessee, the lessee	462
is the owner. A person listed as the owner on a certificate of	463
title on which there is a notation of a security interest is the	464
owner. A buyer or other transferee of a motor vehicle who	465
receives the certificate of title from the seller or transferor	466
listing the seller or transferor thereon as the owner with an	467
assignment of title to the buyer or transferee nonetheless is the	468
owner even though a subsequent certificate of title has not been	469
issued listing the buyer or transferee as the owner.	470

(E) "Registration" means registration certificates and	471
registration plates issued under the laws of this state pertaining	472
to the registration of motor vehicles.	473

(F) "Nonresident" means every person who is not a resident	474
of this state.	475

(G) "Nonresident's operating privilege" means the privilege	476
conferred upon a nonresident by the laws of this state pertaining	477
to the operation by such person of a motor vehicle, or the use of	478
a motor vehicle owned by such person, in this state.	479

(H) "Vehicle" means every device by which any person or	480
property may be transported upon a highway, except electric	481
personal assistive mobility devices, devices moved by power	482
collected from overhead electric trolley wires, or used	483
exclusively upon stationary rails or tracks, and except devices	484
other than bicycles moved by human power.	485

(I) "Motor vehicle" means every vehicle propelled by power	486
other than muscular power or power collected from overhead	487
electric trolley wires, except motorized bicycles, road rollers,	488
traction engines, power shovels, power cranes and other equipment	489
used in construction work and not designed for or employed in	490
general highway transportation, hole-digging machinery,	491
well-drilling machinery, ditch-digging machinery, farm machinery,	492
threshing machinery, hay baling machinery, and agricultural	493
tractors and machinery used in the production of horticultural,	494
floricultural, agricultural, and vegetable products.	495

(J) "Accident" or "motor vehicle accident" means any	496
accident involving a motor vehicle which results in bodily injury	497
to or death of any person, or damage to the property of any person	498
in excess of four hundred dollars.	499

(K) "Proof of financial responsibility" means proof of	500
ability to respond in damages for liability, on account of	501
accidents occurring subsequent to the effective date of such	502
proof, arising out of the ownership, maintenance, or use of a	503
motor vehicle in the amount of twelve thousand five hundred	504
dollars because of bodily injury to or death of one person in any	505
one accident, in the amount of twenty-five thousand dollars	506
because of bodily injury to or death of two or more persons in any	507
one accident, and in the amount of seven thousand five hundred	508
dollars because of injury to property of others in any one	509
accident.	510

(L) "Motor-vehicle liability policy" means an "owner's	511
policy" or an "operator's policy" of liability insurance,	512
certified as provided in section 4509.46 or 4509.47 of the Revised	513
Code as proof of financial responsibility, and issued, except as	514
provided in section 4509.47 of the Revised Code, by an insurance	515
carrier authorized to do business in this state, to or for the	516
benefit of the person named therein as insured.	517

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	518
of the Revised Code:	519

(A) "Vehicle" means every device, including a motorized	520
bicycle, in, upon, or by which any person or property may be	521
transported or drawn upon a highway, except motorized wheelchairs,	522
electric personal assistive mobility devices, devices moved by	523
power collected from overhead electric trolley wires, or used	524
exclusively upon stationary rails or tracks, and devices other	525
than bicycles moved by human power.	526

(B) "Motor vehicle" means every vehicle propelled or drawn	527
by power other than muscular power or power collected from	528
overhead electric trolley wires, except motorized bicycles, road	529
rollers, traction engines, power shovels, power cranes, and other	530
equipment used in construction work and not designed for or	531
employed in general highway transportation, hole-digging	532
machinery, well-drilling machinery, ditch-digging machinery, farm	533
machinery, trailers used to transport agricultural produce or	534
agricultural production materials between a local place of storage	535
or supply and the farm when drawn or towed on a street or highway	536
at a speed of twenty-five miles per hour or less, threshing	537
machinery, hay-baling machinery, agricultural tractors and	538
machinery used in the production of horticultural, floricultural,	539
agricultural, and vegetable products, and trailers designed and	540
used exclusively to transport a boat between a place of storage	541
and a marina, or in and around a marina, when drawn or towed on a	542
street or highway for a distance of no more than ten miles and at	543
a speed of twenty-five miles per hour or less.	544

(C) "Motorcycle" means every motor vehicle, other than a	545
tractor, having a saddle for the use of the operator and designed	546
to travel on not more than three wheels in contact with the	547
ground, including, but not limited to, motor vehicles known as	548
"motor-driven cycle," "motor scooter," or "motorcycle" without	549
regard to weight or brake horsepower.	550

(D) "Emergency vehicle" means emergency vehicles of	551
municipal, township, or county departments or public utility	552
corporations when identified as such as required by law, the	553
director of public safety, or local authorities, and motor	554
vehicles when commandeered by a police officer.	555

(E) "Public safety vehicle" means any of the following:

556

(1) Ambulances, including private ambulance companies under	557
contract to a municipal corporation, township, or county, and	558
private ambulances and nontransport vehicles bearing license	559
plates issued under section 4503.49 of the Revised Code;	560

(2) Motor vehicles used by public law enforcement officers	561
or other persons sworn to enforce the criminal and traffic laws of	562
the state;	563

(3) Any motor vehicle when properly identified as required	564
by the director of public safety, when used in response to fire	565
emergency calls or to provide emergency medical service to ill or	566
injured persons, and when operated by a duly qualified person who	567
is a member of a volunteer rescue service or a volunteer fire	568
department, and who is on duty pursuant to the rules or directives	569
of that service. The state fire marshal shall be designated by	570
the director of public safety as the certifying agency for all	571
public safety vehicles described in division (E)(3) of this	572
section.	573

(4) Vehicles used by fire departments, including motor	574
vehicles when used by volunteer fire fighters responding to	575
emergency calls in the fire department service when identified as	576
required by the director of public safety.	577

Any vehicle used to transport or provide emergency medical	578
service to an ill or injured person, when certified as a public	579
safety vehicle, shall be considered a public safety vehicle when	580
transporting an ill or injured person to a hospital regardless of	581
whether such vehicle has already passed a hospital.	582

(5) Vehicles used by the commercial motor vehicle safety	583
enforcement unit for the enforcement of orders and rules of the	584
public utilities commission as specified in section 5503.34 of the	585
Revised Code.	586

(F) "School bus" means every bus designed for carrying more	587
than nine passengers that is owned by a public, private, or	588
governmental agency or institution of learning and operated for	589
the transportation of children to or from a school session or a	590
school function, or owned by a private person and operated for	591
compensation for the transportation of children to or from a	592
school session or a school function, provided "school bus" does	593
not include a bus operated by a municipally owned transportation	594
system, a mass transit company operating exclusively within the	595
territorial limits of a municipal corporation, or within such	596
limits and the territorial limits of municipal corporations	597
immediately contiguous to such municipal corporation, nor a common	598
passenger carrier certified by the public utilities commission	599
unless such bus is devoted exclusively to the transportation of	600
children to and from a school session or a school function, and	601
"school bus" does not include a van or bus used by a licensed	602
child day-care center or type A family day-care home to transport	603
children from the child day-care center or type A family day-care	604
home to a school if the van or bus does not have more than fifteen	605
children in the van or bus at any time.	606

(G) "Bicycle" means every device, other than a tricycle	607
designed solely for use as a play vehicle by a child, propelled	608
solely by human power upon which any person may ride having either	609
two tandem wheels, or one wheel in the front and two wheels in the	610
rear, any of which is more than fourteen inches in diameter.	611

(H) "Motorized bicycle" means any vehicle having either two	612
tandem wheels or one wheel in the front and two wheels in the	613
rear, that is capable of being pedaled and is equipped with a	614
helper motor of not more than fifty cubic centimeters piston	615
displacement that produces no more than one brake horsepower and	616
is capable of propelling the vehicle at a speed of no greater than	617
twenty miles per hour on a level surface.	618

(I) "Commercial tractor" means every motor vehicle having	619
motive power designed or used for drawing other vehicles and not	620
so constructed as to carry any load thereon, or designed or used	621
for drawing other vehicles while carrying a portion of such other	622
vehicles, or load thereon, or both.	623

(J) "Agricultural tractor" means every self-propelling	624
vehicle designed or used for drawing other vehicles or wheeled	625
machinery but having no provision for carrying loads independently	626
of such other vehicles, and used principally for agricultural	627
purposes.	628

(K) "Truck" means every motor vehicle, except trailers and	629
semitrailers, designed and used to carry property.	630

(L) "Bus" means every motor vehicle designed for carrying	631
more than nine passengers and used for the transportation of	632
persons other than in a ridesharing arrangement, and every motor	633
vehicle, automobile for hire, or funeral car, other than a taxicab	634
or motor vehicle used in a ridesharing arrangement, designed and	635
used for the transportation of persons for compensation.	636

(M) "Trailer" means every vehicle designed or used for	637
carrying persons or property wholly on its own structure and for	638
being drawn by a motor vehicle, including any such vehicle when	639
formed by or operated as a combination of a "semitrailer" and a	640
vehicle of the dolly type, such as that commonly known as a	641
"trailer dolly," a vehicle used to transport agricultural produce	642
or agricultural production materials between a local place of	643
storage or supply and the farm when drawn or towed on a street or	644
highway at a speed greater than twenty-five miles per hour, and a	645
vehicle designed and used exclusively to transport a boat between	646
a place of storage and a marina, or in and around a marina, when	647
drawn or towed on a street or highway for a distance of more than	648
ten miles or at a speed of more than twenty-five miles per hour.	649

(N) "Semitrailer" means every vehicle designed or used for	650
carrying persons or property with another and separate motor	651
vehicle so that in operation a part of its own weight or that of	652
its load, or both, rests upon and is carried by another vehicle.	653

(O) "Pole trailer" means every trailer or semitrailer	654
attached to the towing vehicle by means of a reach, pole, or by	655
being boomed or otherwise secured to the towing vehicle, and	656
ordinarily used for transporting long or irregular shaped loads	657
such as poles, pipes, or structural members capable, generally, of	658
sustaining themselves as beams between the supporting connections.	659

(P) "Railroad" means a carrier of persons or property	660
operating upon rails placed principally on a private right-of-way.	661

(Q) "Railroad train" means a steam engine or an electric or	662
other motor, with or without cars coupled thereto, operated by a	663
railroad.	664

(R) "Streetcar" means a car, other than a railroad train,	665
for transporting persons or property, operated upon rails	666
principally within a street or highway.	667

(S) "Trackless trolley" means every car that collects its	668
power from overhead electric trolley wires and that is not	669
operated upon rails or tracks.	670

(T) "Explosives" means any chemical compound or mechanical	671
mixture that is intended for the purpose of producing an explosion	672
that contains any oxidizing and combustible units or other	673
ingredients in such proportions, quantities, or packing that an	674
ignition by fire, by friction, by concussion, by percussion, or by	675
a detonator of any part of the compound or mixture may cause such	676
a sudden generation of highly heated gases that the resultant	677
gaseous pressures are capable of producing destructive effects on	678
contiguous objects, or of destroying life or limb. Manufactured	679
articles shall not be held to be explosives when the individual	680
units contain explosives in such limited quantities, of such	681
nature, or in such packing, that it is impossible to procure a	682
simultaneous or a destructive explosion of such units, to the	683
injury of life, limb, or property by fire, by friction, by	684
concussion, by percussion, or by a detonator, such as fixed	685
ammunition for small arms, firecrackers, or safety fuse matches.	686

(U) "Flammable liquid" means any liquid that has a flash	687
point of seventy degrees Fahrenheit, or less, as determined by a	688
tagliabue or equivalent closed cup test device.	689

(V) "Gross weight" means the weight of a vehicle plus the	690
weight of any load thereon.	691

(W) "Person" means every natural person, firm,	692
co-partnership, association, or corporation.	693

(X) "Pedestrian" means any natural person afoot.

694

(Y) "Driver or operator" means every person who drives or is	695
in actual physical control of a vehicle, trackless trolley, or	696
streetcar.	697

(Z) "Police officer" means every officer authorized to	698
direct or regulate traffic, or to make arrests for violations of	699
traffic regulations.	700

(AA) "Local authorities" means every county, municipal, and	701
other local board or body having authority to adopt police	702
regulations under the constitution and laws of this state.	703

(BB) "Street" or "highway" means the entire width between	704
the boundary lines of every way open to the use of the public as a	705
thoroughfare for purposes of vehicular travel.	706

(CC) "Controlled-access highway" means every street or	707
highway in respect to which owners or occupants of abutting lands	708
and other persons have no legal right of access to or from the	709
same except at such points only and in such manner as may be	710
determined by the public authority having jurisdiction over such	711
street or highway.	712

(DD) "Private road or driveway" means every way or place in	713
private ownership used for vehicular travel by the owner and those	714
having express or implied permission from the owner but not by	715
other persons.	716

(EE) "Roadway" means that portion of a highway improved,	717
designed, or ordinarily used for vehicular travel, except the berm	718
or shoulder. If a highway includes two or more separate roadways	719
the term "roadway" means any such roadway separately but not all	720
such roadways collectively.	721

(FF) "Sidewalk" means that portion of a street between the	722
curb lines, or the lateral lines of a roadway, and the adjacent	723
property lines, intended for the use of pedestrians.	724

(GG) "Laned highway" means a highway the roadway of which is	725
divided into two or more clearly marked lanes for vehicular	726
traffic.	727

(HH) "Through highway" means every street or highway as	728
provided in section 4511.65 of the Revised Code.	729

(II) "State highway" means a highway under the jurisdiction	730
of the department of transportation, outside the limits of	731
municipal corporations, provided that the authority conferred upon	732
the director of transportation in section 5511.01 of the Revised	733
Code to erect state highway route markers and signs directing	734
traffic shall not be modified by sections 4511.01 to 4511.79 and	735
4511.99 of the Revised Code.	736

(JJ) "State route" means every highway that is designated	737
with an official state route number and so marked.	738

(KK) "Intersection" means:

739

(1) The area embraced within the prolongation or connection	740
of the lateral curb lines, or, if none, then the lateral boundary	741
lines of the roadways of two highways which join one another at,	742
or approximately at, right angles, or the area within which	743
vehicles traveling upon different highways joining at any other	744
angle may come in conflict.	745

(2) Where a highway includes two roadways thirty feet or	746
more apart, then every crossing of each roadway of such divided	747
highway by an intersecting highway shall be regarded as a separate	748
intersection. If an intersecting highway also includes two	749
roadways thirty feet or more apart, then every crossing of two	750
roadways of such highways shall be regarded as a separate	751
intersection.	752

(3) The junction of an alley with a street or highway, or	753
with another alley, shall not constitute an intersection.	754

(LL) "Crosswalk" means:

755

(1) That part of a roadway at intersections ordinarily	756
included within the real or projected prolongation of property	757
lines and curb lines or, in the absence of curbs, the edges of the	758
traversable roadway;	759

(2) Any portion of a roadway at an intersection or	760
elsewhere, distinctly indicated for pedestrian crossing by lines	761
or other markings on the surface;	762

(3) Notwithstanding divisions (LL)(1) and (2) of this	763
section, there shall not be a crosswalk where local authorities	764
have placed signs indicating no crossing.	765

(MM) "Safety zone" means the area or space officially set	766
apart within a roadway for the exclusive use of pedestrians and	767
protected or marked or indicated by adequate signs as to be	768
plainly visible at all times.	769

(NN) "Business district" means the territory fronting upon a	770
street or highway, including the street or highway, between	771
successive intersections within municipal corporations where fifty	772
per cent or more of the frontage between such successive	773
intersections is occupied by buildings in use for business, or	774
within or outside municipal corporations where fifty per cent or	775
more of the frontage for a distance of three hundred feet or more	776
is occupied by buildings in use for business, and the character of	777
such territory is indicated by official traffic control devices.	778

(OO) "Residence district" means the territory, not	779
comprising a business district, fronting on a street or highway,	780
including the street or highway, where, for a distance of three	781
hundred feet or more, the frontage is improved with residences or	782
residences and buildings in use for business.	783

(PP) "Urban district" means the territory contiguous to and	784
including any street or highway which is built up with structures	785
devoted to business, industry, or dwelling houses situated at	786
intervals of less than one hundred feet for a distance of a	787
quarter of a mile or more, and the character of such territory is	788
indicated by official traffic control devices.	789

(QQ) "Traffic control devices" means all flaggers, signs,	790
signals, markings, and devices placed or erected by authority of a	791
public body or official having jurisdiction, for the purpose of	792
regulating, warning, or guiding traffic, including signs denoting	793
names of streets and highways.	794

(RR) "Traffic control signal" means any device, whether	795
manually, electrically, or mechanically operated, by which traffic	796
is alternately directed to stop, to proceed, to change direction,	797
or not to change direction.	798

(SS) "Railroad sign or signal" means any sign, signal, or	799
device erected by authority of a public body or official or by a	800
railroad and intended to give notice of the presence of railroad	801
tracks or the approach of a railroad train.	802

(TT) "Traffic" means pedestrians, ridden or herded animals,	803
vehicles, streetcars, trackless trolleys, and other devices,	804
either singly or together, while using any highway for purposes of	805
travel.	806

(UU) "Right-of-way" means either of the following, as the	807
context requires:	808

(1) The right of a vehicle, streetcar, trackless trolley, or	809
pedestrian to proceed uninterruptedly in a lawful manner in the	810
direction in which it or the individual is moving in preference to	811
another vehicle, streetcar, trackless trolley, or pedestrian	812
approaching from a different direction into its or the	813
individual's path;	814

(2) A general term denoting land, property, or the interest	815
therein, usually in the configuration of a strip, acquired for or	816
devoted to transportation purposes. When used in this context,	817
right-of-way includes the roadway, shoulders or berm, ditch, and	818
slopes extending to the right-of-way limits under the control of	819
the state or local authority.	820

(VV) "Rural mail delivery vehicle" means every vehicle used	821
to deliver United States mail on a rural mail delivery route.	822

(WW) "Funeral escort vehicle" means any motor vehicle,	823
including a funeral hearse, while used to facilitate the movement	824
of a funeral procession.	825

(XX) "Alley" means a street or highway intended to provide	826
access to the rear or side of lots or buildings in urban districts	827
and not intended for the purpose of through vehicular traffic, and	828
includes any street or highway that has been declared an "alley"	829
by the legislative authority of the municipal corporation in which	830
such street or highway is located.	831

(YY) "Freeway" means a divided multi-lane highway for	832
through traffic with all crossroads separated in grade and with	833
full control of access.	834

(ZZ) "Expressway" means a divided arterial highway for	835
through traffic with full or partial control of access with an	836
excess of fifty per cent of all crossroads separated in grade.	837

(AAA) "Thruway" means a through highway whose entire roadway	838
is reserved for through traffic and on which roadway parking is	839
prohibited.	840

(BBB) "Stop intersection" means any intersection at one or	841
more entrances of which stop signs are erected.	842

(CCC) "Arterial street" means any United States or state	843
numbered route, controlled access highway, or other major radial	844
or circumferential street or highway designated by local	845
authorities within their respective jurisdictions as part of a	846
major arterial system of streets or highways.	847

(DDD) "Ridesharing arrangement" means the transportation of	848
persons in a motor vehicle where such transportation is incidental	849
to another purpose of a volunteer driver and includes ridesharing	850
arrangements known as carpools, vanpools, and buspools.	851

(EEE) "Motorized wheelchair" means any self-propelled	852
vehicle designed for, and used by, a handicapped person and that	853
is incapable of a speed in excess of eight miles per hour.	854

(FFF) "Child day-care center" and "type A family day-care	855
home" have the same meanings as in section 5104.01 of the Revised	856
Code.	857

(GGG) "Multi-wheel agricultural tractor" means a type of	858
agricultural tractor that has two or more wheels or tires on each	859
side of one axle at the rear of the tractor, is designed or used	860
for drawing other vehicles or wheeled machinery, has no provision	861
for carrying loads independently of the drawn vehicles or	862
machinery, and is used principally for agricultural purposes.	863

Sec. 4511.512. (A)(1) Electric personal assistive mobility	864
devices may be operated on the public streets, highways,	865
sidewalks, and paths and portions of roadways set aside for the	866
exclusive use of bicycles in accordance with this section.	867

(2) Except as otherwise provided in this section, those	868
sections of this chapter that by their nature are applicable to an	869
electric personal assistive mobility device apply to the device	870
and the person operating it whenever it is operated upon any	871
public street, highway, sidewalk, or path or upon any portion of a	872
roadway set aside for the exclusive use of bicycles.	873

(3) A local authority may regulate or prohibit the	874
operation of electric personal assistive mobility devices on	875
public streets, highways, sidewalks, and paths, and portions of	876
roadways set aside for the exclusive use of bicycles, under its	877
jurisdiction.	878

(B) No operator of an electric personal assistive mobility	879
device shall do any of the following:	880

(1) Fail to yield the right-of-way to all pedestrians and	881
human-powered vehicles at all times;	882

(2) Fail to give an audible signal before overtaking and	883
passing a pedestrian;	884

(3) Operate the device at night unless the device or its	885
operator is equipped with or wearing both of the following:	886

(a) A lamp pointing to the front that emits a white light	887
visible from a distance of not less than five hundred feet;	888

(b) A red reflector facing the rear that is visible from	889
all distances from one hundred feet to six hundred feet when	890
directly in front of lawful lower beams of head lamps on a motor	891
vehicle.	892

(4) Operate the device on any portion of a street or	893
highway that has an established speed limit of fifty-five miles	894
per hour or more;	895

(5) Operate the device upon any path set aside for the	896
exclusive use of pedestrians or other specialized use when an	897
appropriate sign giving notice of the specialized use is posted on	898
the path;	899

(6) If under eighteen years of age, operate the device	900
unless wearing a protective helmet on the person's head with the	901
chin strap properly fastened;	902

(7) If under sixteen years of age, operate the device	903
unless, during the operation, the person is under the direct	904
visual and audible supervision of another person who is eighteen	905
years of age or older and is responsible for the immediate care of	906
the person under sixteen years of age.	907

(C) No person who is under fourteen years of age shall	908
operate an electric personal assistive mobility device.	909

(D) No person shall distribute or sell an electric	910
personal assistive mobility device unless the device is	911
accompanied by a written statement that is substantially	912
equivalent to the following: "WARNING: TO REDUCE THE RISK OF	913
SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT –	914
HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS."	915

(E) Nothing in this section affects or shall be construed to	916
affect any rule of the director of natural resources or a board of	917
park district commissioners governing the operation of vehicles on	918
lands under the control of the director or board, as applicable.	919

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	920
(3), or (4) of section 4511.19 of the Revised Code, in addition to	921
the license suspension or revocation provided in section 4507.16	922
of the Revised Code and any disqualification imposed under section	923
4506.16 of the Revised Code, shall be punished as provided in	924
division (A)(1), (2), (3), or (4) of this section. Whoever	925
violates division (A)(5), (6), or (7) of section 4511.19 of the	926
Revised Code, in addition to the license suspension or revocation	927
provided in section 4507.16 of the Revised Code and any	928
disqualification imposed under section 4506.16 of the Revised	929
Code, shall be punished as provided in division (A)(5), (6), (7),	930
or (8) of this section.	931

(1) Except as otherwise provided in division (A)(2), (3), or	932
(4) of this section, the offender is guilty of a misdemeanor of	933
the first degree and the court shall sentence the offender to a	934
term of imprisonment of three consecutive days and may sentence	935
the offender pursuant to section 2929.21 of the Revised Code to a	936
longer term of imprisonment. In addition, the court shall impose	937
upon the offender a fine of not less than two hundred fifty and	938
not more than one thousand dollars.	939

The court may suspend the execution of the mandatory three	940
consecutive days of imprisonment that it is required to impose by	941
this division, if the court, in lieu of the suspended term of	942
imprisonment, places the offender on probation and requires the	943
offender to attend, for three consecutive days, a drivers'	944
intervention program that is certified pursuant to section 3793.10	945
of the Revised Code. The court also may suspend the execution of	946
any part of the mandatory three consecutive days of imprisonment	947
that it is required to impose by this division, if the court	948
places the offender on probation for part of the three consecutive	949
days; requires the offender to attend, for that part of the three	950
consecutive days, a drivers' intervention program that is	951
certified pursuant to section 3793.10 of the Revised Code; and	952
sentences the offender to a term of imprisonment equal to the	953
remainder of the three consecutive days that the offender does not	954
spend attending the drivers' intervention program. The court may	955
require the offender, as a condition of probation, to attend and	956
satisfactorily complete any treatment or education programs that	957
comply with the minimum standards adopted pursuant to Chapter	958
3793. of the Revised Code by the director of alcohol and drug	959
addiction services, in addition to the required attendance at a	960
drivers' intervention program, that the operators of the drivers'	961
intervention program determine that the offender should attend and	962
to report periodically to the court on the offender's progress in	963
the programs. The court also may impose any other conditions of	964
probation on the offender that it considers necessary.	965

Of the fine imposed pursuant to this division, twenty-five	966
dollars shall be paid to an enforcement and education fund	967
established by the legislative authority of the law enforcement	968
agency in this state that primarily was responsible for the arrest	969
of the offender, as determined by the court that imposes the fine.	970
This share shall be used by the agency to pay only those costs it	971
incurs in enforcing section 4511.19 of the Revised Code or a	972
substantially similar municipal ordinance and in informing the	973
public of the laws governing the operation of a motor vehicle	974
while under the influence of alcohol, the dangers of operating a	975
motor vehicle while under the influence of alcohol, and other	976
information relating to the operation of a motor vehicle and the	977
consumption of alcoholic beverages. Fifty dollars of the fine	978
imposed pursuant to this division shall be paid to the political	979
subdivision that pays the cost of housing the offender during the	980
offender's term of incarceration to the credit of the fund that	981
pays the cost of the incarceration. If the offender was confined	982
as a result of the offense prior to being sentenced for the	983
offense but is not sentenced to a term of incarceration, the fifty	984
dollars shall be paid to the political subdivision that paid the	985
cost of housing the offender during that period of confinement.	986
The political subdivision shall use this share to pay or reimburse	987
incarceration or treatment costs it incurs in housing or providing	988
drug and alcohol treatment to persons who violate section 4511.19	989
of the Revised Code or a substantially similar municipal ordinance	990
and to pay for ignition interlock devices and electronic house	991
arrest equipment for persons who violate that section.	992
Twenty-five dollars of the fine imposed pursuant to this division	993
shall be deposited into the county indigent drivers alcohol	994
treatment fund or municipal indigent drivers alcohol treatment	995
fund under the control of that court, as created by the county or	996
municipal corporation pursuant to division (N) of section 4511.191	997
of the Revised Code. The balance of the fine shall be disbursed	998
as otherwise provided by law.	999

(2)(a) Except as otherwise provided in division (A)(4) of	1000
this section, the offender is guilty of a misdemeanor of the first	1001
degree, and, except as provided in this division, the court shall	1002
sentence the offender to a term of imprisonment of ten consecutive	1003
days and may sentence the offender pursuant to section 2929.21 of	1004
the Revised Code to a longer term of imprisonment if, within six	1005
years of the offense, the offender has been convicted of or	1006
pleaded guilty to one violation of the following:	1007

(i) Division (A) or (B) of section 4511.19 of the Revised	1008
Code;	1009

(ii) A municipal ordinance relating to operating a vehicle	1010
while under the influence of alcohol, a drug of abuse, or alcohol	1011
and a drug of abuse;	1012

(iii) A municipal ordinance relating to operating a vehicle	1013
with a prohibited concentration of alcohol in the blood, breath,	1014
or urine;	1015

(iv) Section 2903.04 of the Revised Code in a case in which	1016
the offender was subject to the sanctions described in division	1017
(D) of that section;	1018

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1019
section 2903.08 of the Revised Code or a municipal ordinance that	1020
is substantially similar to either of those divisions;	1021

(vi) Division (A)(2), (3), or (4) of section 2903.06,	1022
division (A)(2) of section 2903.08, or former section 2903.07 of	1023
the Revised Code, or a municipal ordinance that is substantially	1024
similar to any of those divisions or that former section, in a	1025
case in which the jury or judge found that the offender was under	1026
the influence of alcohol, a drug of abuse, or alcohol and a drug	1027
of abuse;	1028

(vii) A statute of the United States or of any other state	1029
or a municipal ordinance of a municipal corporation located in any	1030
other state that is substantially similar to division (A) or (B)	1031
of section 4511.19 of the Revised Code.	1032

As an alternative to the term of imprisonment required to be	1033
imposed by this division, but subject to division (A)(12) of this	1034
section, the court may impose upon the offender a sentence	1035
consisting of both a term of imprisonment of five consecutive days	1036
and not less than eighteen consecutive days of electronically	1037
monitored house arrest as defined in division (A) of section	1038
2929.23 of the Revised Code. The five consecutive days of	1039
imprisonment and the period of electronically monitored house	1040
arrest shall not exceed six months. The five consecutive days of	1041
imprisonment do not have to be served prior to or consecutively	1042
with the period of electronically monitored house arrest.	1043

In addition, the court shall impose upon the offender a fine	1044
of not less than three hundred fifty and not more than one	1045
thousand five hundred dollars.	1046

In addition to any other sentence that it imposes upon the	1047
offender, the court may require the offender to attend a drivers'	1048
intervention program that is certified pursuant to section 3793.10	1049
of the Revised Code. If the officials of the drivers'	1050
intervention program determine that the offender is alcohol	1051
dependent, they shall notify the court, and the court shall order	1052
the offender to obtain treatment through an alcohol and drug	1053
addiction program authorized by section 3793.02 of the Revised	1054
Code. The cost of the treatment shall be paid by the offender.	1055

Of the fine imposed pursuant to this division, thirty-five	1056
dollars shall be paid to an enforcement and education fund	1057
established by the legislative authority of the law enforcement	1058
agency in this state that primarily was responsible for the arrest	1059
of the offender, as determined by the court that imposes the fine.	1060
This share shall be used by the agency to pay only those costs it	1061
incurs in enforcing section 4511.19 of the Revised Code or a	1062
substantially similar municipal ordinance and in informing the	1063
public of the laws governing the operation of a motor vehicle	1064
while under the influence of alcohol, the dangers of operating a	1065
motor vehicle while under the influence of alcohol, and other	1066
information relating to the operation of a motor vehicle and the	1067
consumption of alcoholic beverages. One hundred fifteen dollars	1068
of the fine imposed pursuant to this division shall be paid to the	1069
political subdivision that pays the cost of housing the offender	1070
during the offender's term of incarceration. This share shall be	1071
used by the political subdivision to pay or reimburse	1072
incarceration or treatment costs it incurs in housing or providing	1073
drug and alcohol treatment to persons who violate section 4511.19	1074
of the Revised Code or a substantially similar municipal ordinance	1075
and to pay for ignition interlock devices and electronic house	1076
arrest equipment for persons who violate that section, and shall	1077
be paid to the credit of the fund that pays the cost of the	1078
incarceration. Fifty dollars of the fine imposed pursuant to this	1079
division shall be deposited into the county indigent drivers	1080
alcohol treatment fund or municipal indigent drivers alcohol	1081
treatment fund under the control of that court, as created by the	1082
county or municipal corporation pursuant to division (N) of	1083
section 4511.191 of the Revised Code. The balance of the fine	1084
shall be disbursed as otherwise provided by law.	1085

(b) Regardless of whether the vehicle the offender was	1086
operating at the time of the offense is registered in the	1087
offender's name or in the name of another person, the court, in	1088
addition to the penalties imposed under division (A)(2)(a) of this	1089
section and all other penalties provided by law and subject to	1090
section 4503.235 of the Revised Code, shall order the	1091
immobilization for ninety days of the vehicle the offender was	1092
operating at the time of the offense and the impoundment for	1093
ninety days of the identification license plates of that vehicle.	1094
The order for the immobilization and impoundment shall be issued	1095
and enforced in accordance with section 4503.233 of the Revised	1096
Code.	1097

(3)(a) Except as otherwise provided in division (A)(4) of	1098
this section and except as provided in this division, if, within	1099
six years of the offense, the offender has been convicted of or	1100
pleaded guilty to two violations identified in division (A)(2) of	1101
this section, the court shall sentence the offender to a term of	1102
imprisonment of thirty consecutive days and may sentence the	1103
offender to a longer definite term of imprisonment of not more	1104
than one year. As an alternative to the term of imprisonment	1105
required to be imposed by this division, but subject to division	1106
(A)(12) of this section, the court may impose upon the offender a	1107
sentence consisting of both a term of imprisonment of fifteen	1108
consecutive days and not less than fifty-five consecutive days of	1109
electronically monitored house arrest as defined in division (A)	1110
of section 2929.23 of the Revised Code. The fifteen consecutive	1111
days of imprisonment and the period of electronically monitored	1112
house arrest shall not exceed one year. The fifteen consecutive	1113
days of imprisonment do not have to be served prior to or	1114
consecutively with the period of electronically monitored house	1115
arrest.	1116

In addition, the court shall impose upon the offender a fine	1117
of not less than five hundred fifty and not more than two thousand	1118
five hundred dollars.	1119

In addition to any other sentence that it imposes upon the	1120
offender, the court shall require the offender to attend an	1121
alcohol and drug addiction program authorized by section 3793.02	1122
of the Revised Code. The cost of the treatment shall be paid by	1123
the offender. If the court determines that the offender is unable	1124
to pay the cost of attendance at the treatment program, the court	1125
may order that payment of the cost of the offender's attendance at	1126
the treatment program be made from that court's indigent drivers	1127
alcohol treatment fund.	1128

Of the fine imposed pursuant to this division, one hundred	1129
twenty-three dollars shall be paid to an enforcement and education	1130
fund established by the legislative authority of the law	1131
enforcement agency in this state that primarily was responsible	1132
for the arrest of the offender, as determined by the court that	1133
imposes the fine. This share shall be used by the agency to pay	1134
only those costs it incurs in enforcing section 4511.19 of the	1135
Revised Code or a substantially similar municipal ordinance and in	1136
informing the public of the laws governing the operation of a	1137
motor vehicle while under the influence of alcohol, the dangers of	1138
operating a motor vehicle while under the influence of alcohol,	1139
and other information relating to the operation of a motor vehicle	1140
and the consumption of alcoholic beverages. Two hundred	1141
seventy-seven dollars of the fine imposed pursuant to this	1142
division shall be paid to the political subdivision that pays the	1143
cost of housing the offender during the offender's term of	1144
incarceration. This share shall be used by the political	1145
subdivision to pay or reimburse incarceration or treatment costs	1146
it incurs in housing or providing drug and alcohol treatment to	1147
persons who violate section 4511.19 of the Revised Code or a	1148
substantially similar municipal ordinance and to pay for ignition	1149
interlock devices and electronic house arrest equipment for	1150
persons who violate that section and shall be paid to the credit	1151
of the fund that pays the cost of incarceration. The balance of	1152
the fine shall be disbursed as otherwise provided by law.	1153

(b) Regardless of whether the vehicle the offender was	1154
operating at the time of the offense is registered in the	1155
offender's name or in the name of another person, the court, in	1156
addition to the penalties imposed under division (A)(3)(a) of this	1157
section and all other penalties provided by law and subject to	1158
section 4503.235 of the Revised Code, shall order the criminal	1159
forfeiture to the state of the vehicle the offender was operating	1160
at the time of the offense. The order of criminal forfeiture	1161
shall be issued and enforced in accordance with section 4503.234	1162
of the Revised Code.	1163

(4)(a)(i) If, within six years of the offense, the offender	1164
has been convicted of or pleaded guilty to three or more	1165
violations identified in division (A)(2) of this section, and if	1166
sentence is not required to be imposed under division	1167
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	1168
of the fourth degree and, notwithstanding division (A)(4) of	1169
section 2929.14 of the Revised Code, may be sentenced to a	1170
definite prison term that shall be not less than six months and	1171
not more than thirty months. The court shall sentence the	1172
offender in accordance with sections 2929.11 to 2929.19 of the	1173
Revised Code and shall impose as part of the sentence either a	1174
mandatory term of local incarceration of sixty consecutive days of	1175
imprisonment in accordance with division (G)(1) of section 2929.13	1176
of the Revised Code or a mandatory prison term of sixty	1177
consecutive days of imprisonment in accordance with division	1178
(G)(2) of that section. If the court requires the offender to	1179
serve a mandatory term of local incarceration of sixty consecutive	1180
days of imprisonment in accordance with division (G)(1) of section	1181
2929.13 of the Revised Code, the court, pursuant to section	1182
2929.17 of the Revised Code, may impose upon the offender a	1183
sentence that includes a term of electronically monitored house	1184
arrest, provided that the term of electronically monitored house	1185
arrest shall not commence until after the offender has served the	1186
mandatory term of local incarceration.	1187

(ii) If the offender previously has been convicted of or	1188
pleaded guilty to a violation of division (A) of section 4511.19	1189
of the Revised Code under circumstances in which the violation was	1190
a felony, regardless of when the prior violation and the prior	1191
conviction or guilty plea occurred, the offender is guilty of a	1192
felony of the third degree. The court shall sentence the offender	1193
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1194
and shall impose as part of the sentence a mandatory prison term	1195
of sixty consecutive days of imprisonment in accordance with	1196
division (G)(2) of section 2929.13 of the Revised Code.	1197

(iii) In addition to all other sanctions imposed on an	1198
offender under division (A)(4)(a)(i) or (ii) of this section, the	1199
court shall impose upon the offender, pursuant to section 2929.18	1200
of the Revised Code, a fine of not less than eight hundred nor	1201
more than ten thousand dollars.	1202

In addition to any other sanction that it imposes upon the	1203
offender under division (A)(4)(a)(i) or (ii) of this section, the	1204
court shall require the offender to attend an alcohol and drug	1205
addiction program authorized by section 3793.02 of the Revised	1206
Code. The cost of the treatment shall be paid by the offender. If	1207
the court determines that the offender is unable to pay the cost	1208
of attendance at the treatment program, the court may order that	1209
payment of the cost of the offender's attendance at the treatment	1210
program be made from the court's indigent drivers alcohol	1211
treatment fund.	1212

Of the fine imposed pursuant to this division, two hundred	1213
ten dollars shall be paid to an enforcement and education fund	1214
established by the legislative authority of the law enforcement	1215
agency in this state that primarily was responsible for the arrest	1216
of the offender, as determined by the court that imposes the fine.	1217
This share shall be used by the agency to pay only those costs it	1218
incurs in enforcing section 4511.19 of the Revised Code or a	1219
substantially similar municipal ordinance and in informing the	1220
public of the laws governing operation of a motor vehicle while	1221
under the influence of alcohol, the dangers of operation of a	1222
motor vehicle while under the influence of alcohol, and other	1223
information relating to the operation of a motor vehicle and the	1224
consumption of alcoholic beverages. Four hundred forty dollars of	1225
the fine imposed pursuant to this division shall be paid to the	1226
political subdivision that pays the cost of housing the offender	1227
during the offender's term of incarceration. This share shall be	1228
used by the political subdivision to pay or reimburse	1229
incarceration or treatment costs it incurs in housing or providing	1230
drug and alcohol treatment to persons who violate section 4511.19	1231
of the Revised Code or a substantially similar municipal ordinance	1232
and to pay for ignition interlock devices and electronic house	1233
arrest equipment for persons who violate that section, and shall	1234
be paid to the credit of the fund that pays the cost of	1235
incarceration. The balance of the fine shall be disbursed as	1236
otherwise provided by law.	1237

(b) Regardless of whether the vehicle the offender was	1238
operating at the time of the offense is registered in the	1239
offender's name or in the name of another person, the court, in	1240
addition to the sanctions imposed under division (A)(4)(a) of this	1241
section and all other sanctions provided by law and subject to	1242
section 4503.235 of the Revised Code, shall order the criminal	1243
forfeiture to the state of the vehicle the offender was operating	1244
at the time of the offense. The order of criminal forfeiture	1245
shall be issued and enforced in accordance with section 4503.234	1246
of the Revised Code.	1247

(c) As used in division (A)(4)(a) of this section,	1248
"mandatory prison term" and "mandatory term of local	1249
incarceration" have the same meanings as in section 2929.01 of the	1250
Revised Code.	1251

If title to a motor vehicle that is subject to an order for	1252
criminal forfeiture under this section is assigned or transferred	1253
and division (C)(2) or (3) of section 4503.234 of the Revised Code	1254
applies, in addition to or independent of any other penalty	1255
established by law, the court may fine the offender the value of	1256
the vehicle as determined by publications of the national auto	1257
dealer's association. The proceeds from any fine imposed under	1258
this division shall be distributed in accordance with division	1259
(D)(4) of section 4503.234 of the Revised Code.	1260

(5)(a) Except as otherwise provided in division (A)(6), (7),	1261
or (8) of this section, the offender is guilty of a misdemeanor of	1262
the first degree, and the court shall sentence the offender to one	1263
of the following:	1264

(i) A term of imprisonment of at least three consecutive	1265
days and a requirement that the offender attend, for three	1266
consecutive days, a drivers' intervention program that is	1267
certified pursuant to section 3793.10 of the Revised Code;	1268

(ii) If the court determines that the offender is not	1269
conducive to treatment in the program, if the offender refuses to	1270
attend the program, or if the place of imprisonment can provide a	1271
drivers' intervention program, a term of imprisonment of at least	1272
six consecutive days.	1273

(b) In addition, the court shall impose upon the offender a	1274
fine of not less than two hundred fifty and not more than one	1275
thousand dollars.	1276

The court may require the offender, as a condition of	1277
probation, to attend and satisfactorily complete any treatment or	1278
education programs that comply with the minimum standards adopted	1279
pursuant to Chapter 3793. of the Revised Code by the director of	1280
alcohol and drug addiction services, in addition to the required	1281
attendance at a drivers' intervention program, that the operators	1282
of the drivers' intervention program determine that the offender	1283
should attend and to report periodically to the court on the	1284
offender's progress in the programs. The court also may impose	1285
any other conditions of probation on the offender that it	1286
considers necessary.	1287

Of the fine imposed pursuant to this division, twenty-five	1288
dollars shall be paid to an enforcement and education fund	1289
established by the legislative authority of the law enforcement	1290
agency in this state that primarily was responsible for the arrest	1291
of the offender, as determined by the court that imposes the fine.	1292
The agency shall use this share to pay only those costs it incurs	1293
in enforcing section 4511.19 of the Revised Code or a	1294
substantially similar municipal ordinance and in informing the	1295
public of the laws governing the operation of a motor vehicle	1296
while under the influence of alcohol, the dangers of operating a	1297
motor vehicle while under the influence of alcohol, and other	1298
information relating to the operation of a motor vehicle and the	1299
consumption of alcoholic beverages. Fifty dollars of the fine	1300
imposed pursuant to this division shall be paid to the political	1301
subdivision that pays the cost of housing the offender during the	1302
offender's term of incarceration to the credit of the fund that	1303
pays the cost of the incarceration. The political subdivision	1304
shall use this share to pay or reimburse incarceration or	1305
treatment costs it incurs in housing or providing drug and alcohol	1306
treatment to persons who violate section 4511.19 of the Revised	1307
Code or a substantially similar municipal ordinance and to pay for	1308
ignition interlock devices and electronic house arrest equipment	1309
for persons who violate that section. Twenty-five dollars of the	1310
fine imposed pursuant to this division shall be deposited into the	1311
county indigent drivers alcohol treatment fund or municipal	1312
indigent drivers alcohol treatment fund under the control of that	1313
court, as created by the county or municipal corporation pursuant	1314
to division (N) of section 4511.191 of the Revised Code. The	1315
balance of the fine shall be disbursed as otherwise provided by	1316
law.	1317

(6)(a) Except as otherwise provided in division (A)(8) of	1318
this section and except as provided in this division, if, within	1319
six years of the offense, the offender has been convicted of or	1320
pleaded guilty to one violation of division (A) or (B) of section	1321
4511.19 of the Revised Code, a municipal ordinance relating to	1322
operating a vehicle while under the influence of alcohol, a drug	1323
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1324
relating to operating a vehicle with a prohibited concentration of	1325
alcohol in the blood, breath, or urine, section 2903.04 of the	1326
Revised Code in a case in which the offender was subject to the	1327
sanctions described in division (D) of that section, section	1328
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1329
ordinance that is substantially similar to section 2903.07 of the	1330
Revised Code in a case in which the jury or judge found that the	1331
offender was under the influence of alcohol, a drug of abuse, or	1332
alcohol and a drug of abuse, or a statute of the United States or	1333
of any other state or a municipal ordinance of a municipal	1334
corporation located in any other state that is substantially	1335
similar to division (A) or (B) of section 4511.19 of the Revised	1336
Code, the offender is guilty of a misdemeanor of the first degree,	1337
and the court shall sentence the offender to a term of	1338
imprisonment of twenty consecutive days and may sentence the	1339
offender pursuant to section 2929.21 of the Revised Code to a	1340
longer term of imprisonment. As an alternative to the term of	1341
imprisonment required to be imposed by this division, but subject	1342
to division (A)(12) of this section, the court may impose upon the	1343
offender a sentence consisting of both a term of imprisonment of	1344
ten consecutive days and not less than thirty-six consecutive days	1345
of electronically monitored house arrest as defined in division	1346
(A) of section 2929.23 of the Revised Code. The ten consecutive	1347
days of imprisonment and the period of electronically monitored	1348
house arrest shall not exceed six months. The ten consecutive	1349
days of imprisonment do not have to be served prior to or	1350
consecutively with the period of electronically monitored house	1351
arrest.	1352

In addition, the court shall impose upon the offender a fine	1353
of not less than three hundred fifty and not more than one	1354
thousand five hundred dollars.	1355

In addition to any other sentence that it imposes upon the	1356
offender, the court may require the offender to attend a drivers'	1357
intervention program that is certified pursuant to section 3793.10	1358
of the Revised Code. If the officials of the drivers'	1359
intervention program determine that the offender is alcohol	1360
dependent, they shall notify the court, and the court shall order	1361
the offender to obtain treatment through an alcohol and drug	1362
addiction program authorized by section 3793.02 of the Revised	1363
Code. The offender shall pay the cost of the treatment.	1364

Of the fine imposed pursuant to this division, thirty-five	1365
dollars shall be paid to an enforcement and education fund	1366
established by the legislative authority of the law enforcement	1367
agency in this state that primarily was responsible for the arrest	1368
of the offender, as determined by the court that imposes the fine.	1369
The agency shall use this share to pay only those costs it incurs	1370
in enforcing section 4511.19 of the Revised Code or a	1371
substantially similar municipal ordinance and in informing the	1372
public of the laws governing the operation of a motor vehicle	1373
while under the influence of alcohol, the dangers of operating a	1374
motor vehicle while under the influence of alcohol, and other	1375
information relating to the operation of a motor vehicle and the	1376
consumption of alcoholic beverages. One hundred fifteen dollars	1377
of the fine imposed pursuant to this division shall be paid to the	1378
political subdivision that pays the cost of housing the offender	1379
during the offender's term of incarceration. The political	1380
subdivision shall use this share to pay or reimburse incarceration	1381
or treatment costs it incurs in housing or providing drug and	1382
alcohol treatment to persons who violate section 4511.19 of the	1383
Revised Code or a substantially similar municipal ordinance and to	1384
pay for ignition interlock devices and electronic house arrest	1385
equipment for persons who violate that section, and this share	1386
shall be paid to the credit of the fund that pays the cost of the	1387
incarceration. Fifty dollars of the fine imposed pursuant to this	1388
division shall be deposited into the county indigent drivers	1389
alcohol treatment fund or municipal indigent drivers alcohol	1390
treatment fund under the control of that court, as created by the	1391
county or municipal corporation pursuant to division (N) of	1392
section 4511.191 of the Revised Code. The balance of the fine	1393
shall be disbursed as otherwise provided by law.	1394

(b) Regardless of whether the vehicle the offender was	1395
operating at the time of the offense is registered in the	1396
offender's name or in the name of another person, the court, in	1397
addition to the penalties imposed under division (A)(6)(a) of this	1398
section and all other penalties provided by law and subject to	1399
section 4503.235 of the Revised Code, shall order the	1400
immobilization for ninety days of the vehicle the offender was	1401
operating at the time of the offense and the impoundment for	1402
ninety days of the identification license plates of that vehicle.	1403
The order for the immobilization and impoundment shall be issued	1404
and enforced in accordance with section 4503.233 of the Revised	1405
Code.	1406

(7)(a) Except as otherwise provided in division (A)(8) of	1407
this section and except as provided in this division, if, within	1408
six years of the offense, the offender has been convicted of or	1409
pleaded guilty to two violations of division (A) or (B) of section	1410
4511.19 of the Revised Code, a municipal ordinance relating to	1411
operating a vehicle while under the influence of alcohol, a drug	1412
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1413
relating to operating a vehicle with a prohibited concentration of	1414
alcohol in the blood, breath, or urine, section 2903.04 of the	1415
Revised Code in a case in which the offender was subject to the	1416
sanctions described in division (D) of that section, section	1417
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1418
ordinance that is substantially similar to section 2903.07 of the	1419
Revised Code in a case in which the jury or judge found that the	1420
offender was under the influence of alcohol, a drug of abuse, or	1421
alcohol and a drug of abuse, or a statute of the United States or	1422
of any other state or a municipal ordinance of a municipal	1423
corporation located in any other state that is substantially	1424
similar to division (A) or (B) of section 4511.19 of the Revised	1425
Code, the court shall sentence the offender to a term of	1426
imprisonment of sixty consecutive days and may sentence the	1427
offender to a longer definite term of imprisonment of not more	1428
than one year. As an alternative to the term of imprisonment	1429
required to be imposed by this division, but subject to division	1430
(A)(12) of this section, the court may impose upon the offender a	1431
sentence consisting of both a term of imprisonment of thirty	1432
consecutive days and not less than one hundred ten consecutive	1433
days of electronically monitored house arrest as defined in	1434
division (A) of section 2929.23 of the Revised Code. The thirty	1435
consecutive days of imprisonment and the period of electronically	1436
monitored house arrest shall not exceed one year. The thirty	1437
consecutive days of imprisonment do not have to be served prior to	1438
or consecutively with the period of electronically monitored house	1439
arrest.	1440

In addition, the court shall impose upon the offender a fine	1441
of not less than five hundred fifty and not more than two thousand	1442
five hundred dollars.	1443

In addition to any other sentence that it imposes upon the	1444
offender, the court shall require the offender to attend an	1445
alcohol and drug addiction program authorized by section 3793.02	1446
of the Revised Code. The offender shall pay the cost of the	1447
treatment. If the court determines that the offender is unable to	1448
pay the cost of attendance at the treatment program, the court may	1449
order that payment of the cost of the offender's attendance at the	1450
treatment program be made from that court's indigent drivers	1451
alcohol treatment fund.	1452

Of the fine imposed pursuant to this division, one hundred	1453
twenty-three dollars shall be paid to an enforcement and education	1454
fund established by the legislative authority of the law	1455
enforcement agency in this state that primarily was responsible	1456
for the arrest of the offender, as determined by the court that	1457
imposes the fine. The agency shall use this share to pay only	1458
those costs it incurs in enforcing section 4511.19 of the Revised	1459
Code or a substantially similar municipal ordinance and in	1460
informing the public of the laws governing the operation of a	1461
motor vehicle while under the influence of alcohol, the dangers of	1462
operating a motor vehicle while under the influence of alcohol,	1463
and other information relating to the operation of a motor vehicle	1464
and the consumption of alcoholic beverages. Two hundred	1465
seventy-seven dollars of the fine imposed pursuant to this	1466
division shall be paid to the political subdivision that pays the	1467
cost of housing the offender during the offender's term of	1468
incarceration. The political subdivision shall use this share to	1469
pay or reimburse incarceration or treatment costs it incurs in	1470
housing or providing drug and alcohol treatment to persons who	1471
violate section 4511.19 of the Revised Code or a substantially	1472
similar municipal ordinance and to pay for ignition interlock	1473
devices and electronic house arrest equipment for persons who	1474
violate that section, and this share shall be paid to the credit	1475
of the fund that pays the cost of incarceration. The balance of	1476
the fine shall be disbursed as otherwise provided by law.	1477

(b) Regardless of whether the vehicle the offender was	1478
operating at the time of the offense is registered in the	1479
offender's name or in the name of another person, the court, in	1480
addition to the penalties imposed under division (A)(7)(a) of this	1481
section and all other penalties provided by law and subject to	1482
section 4503.235 of the Revised Code, shall order the	1483
immobilization for one hundred eighty days of the vehicle the	1484
offender was operating at the time of the offense and the	1485
impoundment for one hundred eighty days of the identification	1486
license plates of that vehicle. The order for the immobilization	1487
and impoundment shall be issued and enforced in accordance with	1488
section 4503.233 of the Revised Code.	1489

(8)(a)(i) If, within six years of the offense, the offender	1490
has been convicted of or pleaded guilty to three or more	1491
violations of division (A) or (B) of section 4511.19 of the	1492
Revised Code, a municipal ordinance relating to operating a	1493
vehicle while under the influence of alcohol, a drug of abuse, or	1494
alcohol and a drug of abuse, a municipal ordinance relating to	1495
operating a vehicle with a prohibited concentration of alcohol in	1496
the blood, breath, or urine, section 2903.04 of the Revised Code	1497
in a case in which the offender was subject to the sanctions	1498
described in division (D) of that section, section 2903.06,	1499
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	1500
that is substantially similar to section 2903.07 of the Revised	1501
Code in a case in which the jury or judge found that the offender	1502
was under the influence of alcohol, a drug of abuse, or alcohol	1503
and a drug of abuse, or a statute of the United States or of any	1504
other state or a municipal ordinance of a municipal corporation	1505
located in any other state that is substantially similar to	1506
division (A) or (B) of section 4511.19 of the Revised Code, and if	1507
sentence is not required to be imposed under division	1508
(A)(8)(a)(ii) of this section, the offender is guilty of a felony	1509
of the fourth degree and, notwithstanding division (A)(4) of	1510
section 2929.14 of the Revised Code, may be sentenced to a	1511
definite prison term that shall be not less than six months and	1512
not more than thirty months. The court shall sentence the	1513
offender in accordance with sections 2929.11 to 2929.19 of the	1514
Revised Code and shall impose as part of the sentence either a	1515
mandatory term of local incarceration of one hundred twenty	1516
consecutive days of imprisonment in accordance with division	1517
(G)(1) of section 2929.13 of the Revised Code or a mandatory	1518
prison term of one hundred twenty consecutive days of imprisonment	1519
in accordance with division (G)(2) of that section. If the court	1520
requires the offender to serve a mandatory term of local	1521
incarceration of one hundred twenty consecutive days of	1522
imprisonment in accordance with division (G)(1) of section 2929.13	1523
of the Revised Code, the court, pursuant to section 2929.17 of the	1524
Revised Code, may impose upon the offender a sentence that	1525
includes a term of electronically monitored house arrest, provided	1526
that the term of electronically monitored house arrest shall not	1527
commence until after the offender has served the mandatory term of	1528
local incarceration.	1529

(ii) If the offender previously has been convicted of or	1530
pleaded guilty to a violation of division (A) of section 4511.19	1531
of the Revised Code under circumstances in which the violation was	1532
a felony, regardless of when the prior violation and the prior	1533
conviction or guilty plea occurred, the offender is guilty of a	1534
felony of the third degree. The court shall sentence the offender	1535
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1536
and shall impose as part of the sentence a mandatory prison term	1537
of one hundred twenty consecutive days of imprisonment in	1538
accordance with division (G)(2) of section 2929.13 of the Revised	1539
Code.	1540

(iii) In addition to all other sanctions imposed on an	1541
offender under division (A)(8)(a)(i) or (ii) of this section, the	1542
court shall impose upon the offender, pursuant to section 2929.18	1543
of the Revised Code, a fine of not less than eight hundred nor	1544
more than ten thousand dollars.	1545

In addition to any other sanction that it imposes upon the	1546
offender under division (A)(8)(a)(i) or (ii) of this section, the	1547
court shall require the offender to attend an alcohol and drug	1548
addiction program authorized by section 3793.02 of the Revised	1549
Code. The cost of the treatment shall be paid by the offender. If	1550
the court determines that the offender is unable to pay the cost	1551
of attendance at the treatment program, the court may order that	1552
payment of the cost of the offender's attendance at the treatment	1553
program be made from the court's indigent drivers alcohol	1554
treatment fund.	1555

Of the fine imposed pursuant to this division, two hundred	1556
ten dollars shall be paid to an enforcement and education fund	1557
established by the legislative authority of the law enforcement	1558
agency in this state that primarily was responsible for the arrest	1559
of the offender, as determined by the court that imposes the fine.	1560
The agency shall use this share to pay only those costs it incurs	1561
in enforcing section 4511.19 of the Revised Code or a	1562
substantially similar municipal ordinance and in informing the	1563
public of the laws governing operation of a motor vehicle while	1564
under the influence of alcohol, the dangers of operation of a	1565
motor vehicle while under the influence of alcohol, and other	1566
information relating to the operation of a motor vehicle and the	1567
consumption of alcoholic beverages. Four hundred forty dollars of	1568
the fine imposed pursuant to this division shall be paid to the	1569
political subdivision that pays the cost of housing the offender	1570
during the offender's term of incarceration. The political	1571
subdivision shall use this share to pay or reimburse incarceration	1572
or treatment costs it incurs in housing or providing drug and	1573
alcohol treatment to persons who violate section 4511.19 of the	1574
Revised Code or a substantially similar municipal ordinance and to	1575
pay for ignition interlock devices and electronic house arrest	1576
equipment for persons who violate that section, and this share	1577
shall be paid to the credit of the fund that pays the cost of	1578
incarceration. The balance of the fine shall be disbursed as	1579
otherwise provided by law.	1580

(b) Regardless of whether the vehicle the offender was	1581
operating at the time of the offense is registered in the	1582
offender's name or in the name of another person, the court, in	1583
addition to the sanctions imposed under division (A)(8)(a) of this	1584
section and all other sanctions provided by law and subject to	1585
section 4503.235 of the Revised Code, shall order the criminal	1586
forfeiture to the state of the vehicle the offender was operating	1587
at the time of the offense. The order of criminal forfeiture	1588
shall be issued and enforced in accordance with section 4503.234	1589
of the Revised Code.	1590

(c) As used in division (A)(8)(a) of this section,	1591
"mandatory prison term" and "mandatory term of local	1592
incarceration" have the same meanings as in section 2929.01 of the	1593
Revised Code.	1594

(d) If title to a motor vehicle that is subject to an order	1595
for criminal forfeiture under this section is assigned or	1596
transferred and division (C)(2) or (3) of section 4503.234 of the	1597
Revised Code applies, in addition to or independent of any other	1598
penalty established by law, the court may fine the offender the	1599
value of the vehicle as determined by publications of the national	1600
auto dealer's association. The proceeds from any fine imposed	1601
under this division shall be distributed in accordance with	1602
division (D)(4) of section 4503.234 of the Revised Code.	1603

(9)(a) Except as provided in division (A)(9)(b) of this	1604
section, upon a showing that imprisonment would seriously affect	1605
the ability of an offender sentenced pursuant to division (A)(1),	1606
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	1607
the offender's employment, the court may authorize that the	1608
offender be granted work release from imprisonment after the	1609
offender has served the three, six, ten, twenty, thirty, or sixty	1610
consecutive days of imprisonment or the mandatory term of local	1611
incarceration of sixty or one hundred twenty consecutive days that	1612
the court is required by division (A)(1), (2), (3), (4), (5), (6),	1613
(7), or (8) of this section to impose. No court shall authorize	1614
work release from imprisonment during the three, six, ten, twenty,	1615
thirty, or sixty consecutive days of imprisonment or the mandatory	1616
term of local incarceration or mandatory prison term of sixty or	1617
one hundred twenty consecutive days that the court is required by	1618
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	1619
section to impose. The duration of the work release shall not	1620
exceed the time necessary each day for the offender to commute to	1621
and from the place of employment and the place of imprisonment and	1622
the time actually spent under employment.	1623

(b) An offender who is sentenced pursuant to division	1624
(A)(2), (3), (6), or (7) of this section to a term of imprisonment	1625
followed by a period of electronically monitored house arrest is	1626
not eligible for work release from imprisonment, but that person	1627
shall be permitted work release during the period of	1628
electronically monitored house arrest. The duration of the work	1629
release shall not exceed the time necessary each day for the	1630
offender to commute to and from the place of employment and the	1631
offender's home or other place specified by the sentencing court	1632
and the time actually spent under employment.	1633

(10) Notwithstanding any section of the Revised Code that	1634
authorizes the suspension of the imposition or execution of a	1635
sentence, the placement of an offender in any treatment program in	1636
lieu of imprisonment, or the use of a community control sanction	1637
for an offender convicted of a felony, no court shall suspend the	1638
ten, twenty, thirty, or sixty consecutive days of imprisonment	1639
required to be imposed on an offender by division (A)(2), (3),	1640
(6), or (7) of this section, no court shall place an offender who	1641
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	1642
(8) of this section in any treatment program in lieu of	1643
imprisonment until after the offender has served the ten, twenty,	1644
thirty, or sixty consecutive days of imprisonment or the mandatory	1645
term of local incarceration or mandatory prison term of sixty or	1646
one hundred twenty consecutive days required to be imposed	1647
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	1648
section, no court that sentences an offender under division (A)(4)	1649
or (8) of this section shall impose any sanction other than a	1650
mandatory term of local incarceration or mandatory prison term to	1651
apply to the offender until after the offender has served the	1652
mandatory term of local incarceration or mandatory prison term of	1653
sixty or one hundred twenty consecutive days required to be	1654
imposed pursuant to division (A)(4) or (8) of this section, and no	1655
court that imposes a sentence of imprisonment and a period of	1656
electronically monitored house arrest upon an offender under	1657
division (A)(2), (3), (6), or (7) of this section shall suspend	1658
any portion of the sentence or place the offender in any treatment	1659
program in lieu of imprisonment or electronically monitored house	1660
arrest. Notwithstanding any section of the Revised Code that	1661
authorizes the suspension of the imposition or execution of a	1662
sentence or the placement of an offender in any treatment program	1663
in lieu of imprisonment, no court, except as specifically	1664
authorized by division (A)(1) or (5) of this section, shall	1665
suspend the three or more consecutive days of imprisonment	1666
required to be imposed by division (A)(1) or (5) of this section	1667
or place an offender who is sentenced pursuant to division (A)(1)	1668
or (5) of this section in any treatment program in lieu of	1669
imprisonment until after the offender has served the three or more	1670
consecutive days of imprisonment required to be imposed pursuant	1671
to division (A)(1) or (5) of this section.	1672

(11) No court shall sentence an offender to an alcohol	1673
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	1674
(6), (7), or (8) of this section unless the treatment program	1675
complies with the minimum standards adopted pursuant to Chapter	1676
3793. of the Revised Code by the director of alcohol and drug	1677
addiction services.	1678

(12) No court shall impose the alternative sentence of a	1679
term of imprisonment plus a term of electronically monitored house	1680
arrest permitted to be imposed by division (A)(2), (3), (6), or	1681
(7) of this section, unless within sixty days of the date of	1682
sentencing, the court issues a written finding, entered into the	1683
record, that due to the unavailability of space at the	1684
incarceration facility where the offender is required to serve the	1685
term of imprisonment imposed upon the offender, the offender will	1686
not be able to commence serving the term of imprisonment within	1687
the sixty-day period following the date of sentencing. If the	1688
court issues such a written finding, the court may impose the	1689
alternative sentence comprised of a term of imprisonment and a	1690
term of electronically monitored house arrest permitted to be	1691
imposed by division (A)(2), (3), (6), or (7) of this section.	1692

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	1693
of the Revised Code is guilty of a misdemeanor of the first	1694
degree. The court, in addition to or independent of all other	1695
penalties provided by law, may suspend for a period not to exceed	1696
one year the driver's or commercial driver's license or permit or	1697
nonresident operating privilege of any person who pleads guilty to	1698
or is convicted of a violation of section 4511.192 of the Revised	1699
Code.	1700

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	1701
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	1702
guilty of one of the following:	1703

(1) Except as otherwise provided in division (C)(2) of this	1704
section, a minor misdemeanor.	1705

(2) If the offender previously has been convicted of or	1706
pleaded guilty to one or more violations of section 4511.63,	1707
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	1708
Revised Code or a municipal ordinance that is substantially	1709
similar to any of those sections, a misdemeanor of the fourth	1710
degree.	1711

(D)(1) Whoever violates any provision of sections 4511.01 to	1712
4511.76 or section 4511.84 of the Revised Code, for which no	1713
penalty otherwise is provided in this section is guilty of one of	1714
the following:	1715

(a) Except as otherwise provided in division (D)(1)(b),	1716
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	1717

(b) If, within one year of the offense, the offender	1718
previously has been convicted of or pleaded guilty to one	1719
violation of any provision of sections 4511.01 to 4511.76 or	1720
section 4511.84 of the Revised Code for which no penalty otherwise	1721
is provided in this section or a municipal ordinance that is	1722
substantially similar to any provision of sections 4511.01 to	1723
4511.76 or section 4511.84 of the Revised Code for which no	1724
penalty otherwise is provided in this section, a misdemeanor of	1725
the fourth degree;	1726

(c) If, within one year of the offense, the offender	1727
previously has been convicted of or pleaded guilty to two or more	1728
violations of any provision described in division (D)(1)(b) of	1729
this section or any municipal ordinance that is substantially	1730
similar to any of those provisions, a misdemeanor of the third	1731
degree.	1732

(2) When any person is found guilty of a first offense for a	1733
violation of section 4511.21 of the Revised Code upon a finding	1734
that the person operated a motor vehicle faster than thirty-five	1735
miles an hour in a business district of a municipal corporation,	1736
or faster than fifty miles an hour in other portions, or faster	1737
than thirty-five miles an hour while passing through a school zone	1738
during recess or while children are going to or leaving school	1739
during the opening or closing hours, the person is guilty of a	1740
misdemeanor of the fourth degree.	1741

(3) Notwithstanding section 2929.21 of the Revised Code,	1742
upon a finding that such person operated a motor vehicle in a	1743
construction zone where a sign was then posted in accordance with	1744
section 4511.98 of the Revised Code, the court, in addition to all	1745
other penalties provided by law, shall impose a fine of two times	1746
the usual amount imposed for the violation. No court shall impose	1747
a fine of two times the usual amount imposed for the violation	1748
upon an offender who alleges, in an affidavit filed with the court	1749
prior to the offender's sentencing, that the offender is indigent	1750
and is unable to pay the fine imposed pursuant to this division,	1751
provided the court determines the offender is an indigent person	1752
and is unable to pay the fine.	1753

(4) Notwithstanding section 2929.21 of the Revised Code,	1754
upon a finding that a person operated a motor vehicle in violation	1755
of division (C) of section 4511.213 of the Revised Code, the	1756
court, in addition to all other penalties provided by law, shall	1757
impose a fine of two times the usual amount imposed for the	1758
violation.	1759

(E) Whenever a person is found guilty in a court of record	1760
of a violation of section 4511.761, 4511.762, or 4511.77 of the	1761
Revised Code, the trial judge, in addition to or independent of	1762
all other penalties provided by law, may suspend for any period of	1763
time not exceeding three years, or revoke the license of any	1764
person, partnership, association, or corporation, issued under	1765
section 4511.763 of the Revised Code.	1766

(F) Whoever violates division (E) or (F) of section 4511.51,	1767
division (A), (D), or (E) of section 4511.521, section 4511.681,	1768
division (A) or (C) of section 4511.69, section 4511.772, or	1769
division (A) or (B) of section 4511.82 of the Revised Code is	1770
guilty of a minor misdemeanor.	1771

(G) Whoever violates division (A) of section 4511.75 of the	1772
Revised Code may be fined an amount not to exceed five hundred	1773
dollars. A person who is issued a citation for a violation of	1774
division (A) of section 4511.75 of the Revised Code is not	1775
permitted to enter a written plea of guilty and waive the person's	1776
right to contest the citation in a trial, but instead must appear	1777
in person in the proper court to answer the charge.	1778

(H)(1) Whoever is a resident of this state and violates	1779
division (A) or (B) of section 4511.81 of the Revised Code shall	1780
be punished as follows:	1781

(a) Except as otherwise provided in division (H)(1)(b) of	1782
this section, the offender is guilty of a minor misdemeanor.	1783

(b) If the offender previously has been convicted of or	1784
pleaded guilty to a violation of division (A) or (B) of section	1785
4511.81 of the Revised Code or of a municipal ordinance that is	1786
substantially similar to either of those divisions, the offender	1787
is guilty of a misdemeanor of the fourth degree.	1788

(2) Whoever is not a resident of this state, violates	1789
division (A) or (B) of section 4511.81 of the Revised Code, and	1790
fails to prove by a preponderance of the evidence that the	1791
offender's use or nonuse of a child restraint system was in	1792
accordance with the law of the state of which the offender is a	1793
resident is guilty of a minor misdemeanor on a first offense; on a	1794
second or subsequent offense, that person is guilty of a	1795
misdemeanor of the fourth degree.	1796

(3) All fines imposed pursuant to division (H)(1) or (2) of	1797
this section shall be forwarded to the treasurer of state for	1798
deposit in the "child highway safety fund" created by division (G)	1799
of section 4511.81 of the Revised Code.	1800

(I) Whoever violates section 4511.202 of the Revised Code is	1801
guilty of operating a motor vehicle without being in control of	1802
it, a minor misdemeanor.	1803

(J) Whoever violates division (B) of section 4511.74,	1804
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	1805
section 4511.83 of the Revised Code is guilty of a misdemeanor of	1806
the first degree.	1807

(K) Except as otherwise provided in this division, whoever	1808
violates division (E) of section 4511.11, division (A) or (C) of	1809
section 4511.17, or section 4511.18 of the Revised Code is guilty	1810
of a misdemeanor of the third degree. If a violation of division	1811
(A) or (C) of section 4511.17 of the Revised Code creates a risk	1812
of physical harm to any person, the offender is guilty of a	1813
misdemeanor of the first degree. A violation of division (A) or	1814
(C) of section 4511.17 of the Revised Code that causes serious	1815
physical harm to property that is owned, leased, or controlled by	1816
a state or local authority is a felony of the fifth degree.	1817

(L) Whoever violates division (H) of section 4511.69 of the	1818
Revised Code shall be punished as follows:	1819

(1) Except as otherwise provided in division (L)(2) of this	1820
section, the offender shall be issued a warning.	1821

(2) If the offender previously has been convicted of or	1822
pleaded guilty to a violation of division (H) of section 4511.69	1823
of the Revised Code or of a municipal ordinance that is	1824
substantially similar to that division, the offender shall not be	1825
issued a warning but shall be fined twenty-five dollars for each	1826
parking location that is not properly marked or whose markings are	1827
not properly maintained.	1828

(M) Whoever violates division (A)(1) or (2) of section	1829
4511.45 of the Revised Code is guilty of a misdemeanor of the	1830
fourth degree on a first offense; on a second offense within one	1831
year after the first offense, the person is guilty of a	1832
misdemeanor of the third degree; and on each subsequent offense	1833
within one year after the first offense, the person is guilty of a	1834
misdemeanor of the second degree.	1835

(N)(1) Whoever violates division (B) of section 4511.19 of	1836
the Revised Code is guilty of operating a motor vehicle after	1837
under-age alcohol consumption and shall be punished as follows:	1838

(a) Except as otherwise provided in division (N)(1)(b) of	1839
this section, the offender is guilty of a misdemeanor of the	1840
fourth degree.	1841

(b) The offender is guilty of a misdemeanor of the third	1842
degree if, within one year of the offense, the offender has been	1843
convicted of or pleaded guilty to any violation of the following:	1844

(i) Division (A) or (B) of section 4511.19 of the Revised	1845
Code;	1846

(ii) A municipal ordinance relating to operating a vehicle	1847
while under the influence of alcohol, a drug of abuse, or alcohol	1848
and a drug of abuse;	1849

(iii) A municipal ordinance relating to operating a vehicle	1850
with a prohibited concentration of alcohol in the blood, breath,	1851
or urine;	1852

(iv) Section 2903.04 of the Revised Code in a case in which	1853
the offender was subject to the sanctions described in division	1854
(D) of that section;	1855

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1856
section 2903.08 of the Revised Code or a municipal ordinance that	1857
is substantially similar to either of those divisions;	1858

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	1859
division (A)(2) of section 2903.08 of the Revised Code or a	1860
municipal ordinance that is substantially similar to any of those	1861
divisions, or former section 2903.07 of the Revised Code or a	1862
substantially similar municipal ordinance, in a case in which the	1863
jury or judge found that the offender was under the influence of	1864
alcohol, a drug of abuse, or alcohol and a drug of abuse;	1865

(vii) A statute of the United States or of any other state	1866
or a municipal ordinance of a municipal corporation located in any	1867
other state that is substantially similar to division (A) or (B)	1868
of section 4511.19 of the Revised Code.	1869

(2) In addition to or independent of all other penalties	1870
provided by law, the offender's driver's or commercial driver's	1871
license or permit or nonresident operating privilege shall be	1872
suspended in accordance with, and for the period of time specified	1873
in, division (E) of section 4507.16 of the Revised Code.	1874

(O) Whoever violates section 4511.62 of the Revised Code is	1875
guilty of a misdemeanor of the fourth degree.	1876

(P) Whoever violates division (F)(1)(a) or (b) of section	1877
4511.69 of the Revised Code is guilty of a misdemeanor and shall	1878
be fined not less than two hundred fifty nor more than five	1879
hundred dollars, but in no case shall an offender be sentenced to	1880
any term of imprisonment.	1881

Arrest or conviction for a violation of division (F)(1)(a) or	1882
(b) of section 4511.69 of the Revised Code does not constitute a	1883
criminal record and need not be reported by the person so arrested	1884
or convicted in response to any inquiries contained in any	1885
application for employment, license, or other right or privilege,	1886
or made in connection with the person's appearance as a witness.	1887

Every fine collected under this division shall be paid by the	1888
clerk of the court to the political subdivision in which the	1889
violation occurred. Except as provided in this division, the	1890
political subdivision shall use the fine moneys it receives under	1891
this division to pay the expenses it incurs in complying with the	1892
signage and notice requirements contained in division (E) of	1893
section 4511.69 of the Revised Code. The political subdivision	1894
may use up to fifty per cent of each fine it receives under this	1895
division to pay the costs of educational, advocacy, support, and	1896
assistive technology programs for persons with disabilities, and	1897
for public improvements within the political subdivision that	1898
benefit or assist persons with disabilities, if governmental	1899
agencies or nonprofit organizations offer the programs.	1900

(Q)(1) Whoever violates division (B) or (C) of section	1901
4511.512 of the Revised Code is guilty of a minor misdemeanor and	1902
shall be punished as follows:	1903

(a) The offender shall be fined ten dollars.

1904

(b) If the offender previously has been convicted of or	1905
pleaded guilty to a violation of division (B) or (C) of section	1906
4511.512 of the Revised Code or a substantially similar municipal	1907
ordinance, the court, in addition to imposing the fine required	1908
under division (Q)(1)(a) of this section, shall do one of the	1909
following:	1910

(i) Order the impoundment for not less than one day but not	1911
more than thirty days of the electric personal assistive mobility	1912
device that was involved in the current violation of that	1913
division. The court shall order the device to be impounded at a	1914
safe indoor location designated by the court and may assess	1915
storage fees of not more than five dollars per day, provided the	1916
total storage, processing, and release fees assessed against the	1917
offender or the device in connection with the device's impoundment	1918
or subsequent release shall not exceed fifty dollars.	1919

(ii) If the court does not issue an impoundment order	1920
pursuant to division (Q)(1)(b)(i) of this section, issue an order	1921
prohibiting the offender from operating any electric personal	1922
assistive mobility device on the public streets, highways,	1923
sidewalks, and paths and portions of roadways set aside for the	1924
exclusive use of bicycles for not less than one day but not more	1925
than thirty days.	1926

(2) Whoever violates division (D) of section 4511.512 of	1927
the Revised Code is guilty of a minor misdemeanor.	1928

Section 2. That existing sections 1309.109, 4501.01, 4509.01,	1929
4511.01, and 4511.99 of the Revised Code are hereby repealed.	1930