SENATORS Goodman, White, Ryan, Mallory, Spada, Carnes, Austria, Brady, Randy Gardner, Hagan, Harris, Mumper, Nein, Wachtmann, Armbruster, Robert Gardner, DiDonato

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 sale, pledge, assignment, or granting of a security	95
interest in all or any part of a lottery prize award for	96
consideration is also subject to sections 3770.07 and 3770.10 to	97
3770.15 of the Revised Code.	98

Sec. 4501.01.  As used in this chapter and Chapters 4503.,	99
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the	100
Revised Code, and in the penal laws, except as otherwise	101
provided:	102

(A) "Vehicles" means everything on wheels or runners,	103
including motorized bicycles, but does not mean electric personal	104
assistive mobility devices, vehicles that are operated	105
exclusively on rails or tracks or from overhead electric trolley	106
wires, and vehicles that belong to any police department,	107
municipal fire department, or volunteer fire department, or that	108
are used by such a department in the discharge of its functions.	109

(B) "Motor vehicle" means any vehicle, including mobile	110
homes and recreational vehicles, that is propelled or drawn by	111
power other than muscular power or power collected from overhead	112
electric trolley wires. "Motor vehicle" does not include	113
motorized bicycles, road rollers, traction engines, power	114
shovels, power cranes, and other equipment used in construction	115
work and not designed for or employed in general highway	116
transportation, well-drilling machinery, ditch-digging	117
machinery, farm machinery, trailers that are used to transport	118
agricultural produce or agricultural production materials	119
between a local place of storage or supply and the farm when	120
drawn or towed on a public road or highway at a speed of	121
twenty-five miles per hour or less, threshing machinery,	122
hay-baling machinery, corn sheller, hammermill and agricultural	123
tractors, machinery used in the production of horticultural,	124
agricultural, and vegetable products, and trailers that are	125
designed and used exclusively to transport a boat between a	126
place of storage and a marina, or in and around a marina, when	127
drawn or towed on a public road or highway for a distance of no	128
more than ten miles and at a speed of twenty-five miles per hour	129
or less.	130

(C) "Agricultural tractor" and "traction engine" mean any	131
self-propelling vehicle that is designed or used for drawing other	132
vehicles or wheeled machinery, but has no provisions for carrying	133
loads independently of such other vehicles, and that is used	134
principally for agricultural purposes.	135

(D) "Commercial tractor," except as defined in division (C)	136
of this section, means any motor vehicle that has motive power	137
and either is designed or used for drawing other motor vehicles,	138
or is designed or used for drawing another motor vehicle while	139
carrying a portion of the other motor vehicle or its load, or	140
both.	141

(E) "Passenger car" means any motor vehicle that is designed	142
and used for carrying not more than nine persons and includes any	143
motor vehicle that is designed and used for carrying not more	144
than fifteen persons in a ridesharing arrangement.	145

(F) "Collector's vehicle" means any motor vehicle or	146
agricultural tractor or traction engine that is of special	147
interest, that has a fair market value of one hundred dollars or	148
more, whether operable or not, and that is owned, operated,	149
collected, preserved, restored, maintained, or used essentially	150
as a collector's item, leisure pursuit, or investment, but not	151
as the owner's principal means of transportation. "Licensed	152
collector's vehicle" means a collector's vehicle, other than an	153
agricultural tractor or traction engine, that displays current,	154
valid license tags issued under section 4503.45 of the Revised	155
Code, or a similar type of motor vehicle that displays current,	156
valid license tags issued under substantially equivalent	157
provisions in the laws of other states.	158

(G) "Historical motor vehicle" means any motor vehicle that	159
is over twenty-five years old and is owned solely as a	160
collector's item and for participation in club activities,	161
exhibitions, tours, parades, and similar uses, but that in no	162
event is used for general transportation.	163

(H) "Noncommercial motor vehicle" means any motor vehicle,	164
including a farm truck as defined in section 4503.04 of the	165
Revised Code, that is designed by the manufacturer to carry a load	166
of no more than one ton and is used exclusively for purposes	167
other than engaging in business for profit.	168

(I) "Bus" means any motor vehicle that has motor power and	169
is designed and used for carrying more than nine passengers,	170
except any motor vehicle that is designed and used for carrying	171
not more than fifteen passengers in a ridesharing arrangement.	172

(J) "Commercial car" or "truck" means any motor vehicle	173
that has motor power and is designed and used for carrying	174
merchandise or freight, or that is used as a commercial tractor.	175

(K) "Bicycle" means every device, other than a tricycle	176
that is designed solely for use as a play vehicle by a child,	177
that is propelled solely by human power upon which any person	178
may ride, and that has either two tandem wheels, or one wheel in	179
front and two wheels in the rear, any of which is more than	180
fourteen inches in diameter.	181

(L) "Motorized bicycle" means any vehicle that either has	182
two tandem wheels or one wheel in the front and two wheels in	183
the rear, that is capable of being pedaled, and that is equipped	184
with a helper motor of not more than fifty cubic centimeters	185
piston displacement that produces no more than one brake	186
horsepower and is capable of propelling the vehicle at a speed of	187
no greater than twenty miles per hour on a level surface.	188

(M) "Trailer" means any vehicle without motive power that	189
is designed or used for carrying property or persons wholly on	190
its own structure and for being drawn by a motor vehicle, and	191
includes any such vehicle that is formed by or operated as a	192
combination of a semitrailer and a vehicle of the dolly type such	193
as that commonly known as a trailer dolly, a vehicle used to	194
transport agricultural produce or agricultural production	195
materials between a local place of storage or supply and the farm	196
when drawn or towed on a public road or highway at a speed	197
greater than twenty-five miles per hour, and a vehicle that is	198
designed and used exclusively to transport a boat between a	199
place of storage and a marina, or in and around a marina, when	200
drawn or towed on a public road or highway for a distance of	201
more than ten miles or at a speed of more than twenty-five miles	202
per hour. "Trailer" does not include a manufactured home or	203
travel trailer.	204

(N) "Noncommercial trailer" means any trailer, except a	205
travel trailer or trailer that is used to transport a boat as	206
described in division (B) of this section, but, where applicable,	207
includes a vehicle that is used to transport a boat as described	208
in division (M) of this section, that has a gross weight of no	209
more than three thousand pounds, and that is used exclusively for	210
purposes other than engaging in business for a profit.	211

(O) "Mobile home" means a building unit or assembly of	212
closed construction that is fabricated in an off-site facility,	213
is more than thirty-five body feet in length or, when erected	214
on site, is three hundred twenty or more square feet, is built	215
on a permanent chassis, is transportable in one or more	216
sections, and does not qualify as a manufactured home as	217
defined in division (C)(4) of section 3781.06 of the Revised	218
Code or as an industrialized unit as defined in division (C)(3)	219
of section 3781.06 of the Revised Code.	220

(P) "Semitrailer" means any vehicle of the trailer type	221
that does not have motive power and is so designed or used with	222
another and separate motor vehicle that in operation a part of	223
its own weight or that of its load, or both, rests upon and is	224
carried by the other vehicle furnishing the motive power for	225
propelling itself and the vehicle referred to in this division,	226
and includes, for the purpose only of registration and taxation	227
under those chapters, any vehicle of the dolly type, such as a	228
trailer dolly, that is designed or used for the conversion of a	229
semitrailer into a trailer.	230

(Q) "Recreational vehicle" means a vehicular portable	231
structure that meets all of the following conditions:	232

(1) It is designed for the sole purpose of recreational	233
travel.	234

(2) It is not used for the purpose of engaging in business	235
for profit.	236

(3) It is not used for the purpose of engaging in intrastate	237
commerce.	238

(4) It is not used for the purpose of commerce as defined in	239
49 C.F.R. 383.5, as amended.	240

(5) It is not regulated by the public utilities commission	241
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	242

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

243

(a) "Travel trailer" means a nonself-propelled recreational	244
vehicle that does not exceed an overall length of thirty-five	245
feet, exclusive of bumper and tongue or coupling, and contains	246
less than three hundred twenty square feet of space when erected	247
on site. "Travel trailer" includes a tent-type fold-out camping	248
trailer as defined in section 4517.01 of the Revised Code.	249

(b) "Motor home" means a self-propelled recreational	250
vehicle that has no fifth wheel and is constructed with	251
permanently installed facilities for cold storage, cooking and	252
consuming of food, and for sleeping.	253

(c) "Truck camper" means a nonself-propelled recreational	254
vehicle that does not have wheels for road use and is designed to	255
be placed upon and attached to a motor vehicle. "Truck camper"	256
does not include truck covers that consist of walls and a roof,	257
but do not have floors and facilities enabling them to be used as	258
a dwelling.	259

(d) "Fifth wheel trailer" means a vehicle that is of such	260
size and weight as to be movable without a special highway	261
permit, that has a gross trailer area of four hundred square	262
feet or less, that is constructed with a raised forward section	263
that allows a bi-level floor plan, and that is designed to be	264
towed by a vehicle equipped with a fifth-wheel hitch ordinarily	265
installed in the bed of a truck.	266

(e) "Park trailer" means a vehicle that is commonly known as	267
a park model recreational vehicle, meets the American national	268
standard institute standard A119.5 (1988) for park trailers, is	269
built on a single chassis, has a gross trailer area of four	270
hundred square feet or less when set up, is designed for seasonal	271
or temporary living quarters, and may be connected to utilities	272
necessary for the operation of installed features and appliances.	273

(R) "Pneumatic tires" means tires of rubber and fabric or	274
tires of similar material, that are inflated with air.	275

(S) "Solid tires" means tires of rubber or similar elastic	276
material that are not dependent upon confined air for support of	277
the load.	278

(T) "Solid tire vehicle" means any vehicle that is equipped	279
with two or more solid tires.	280

(U) "Farm machinery" means all machines and tools that are	281
used in the production, harvesting, and care of farm products,	282
and includes trailers that are used to transport agricultural	283
produce or agricultural production materials between a local	284
place of storage or supply and the farm when drawn or towed on a	285
public road or highway at a speed of twenty-five miles per hour	286
or less.	287

(V) "Owner" includes any person or firm, other than a	288
manufacturer or dealer, that has title to a motor vehicle,	289
except that, in sections 4505.01 to 4505.19 of the Revised Code,	290
"owner" includes in addition manufacturers and dealers.	291

(W) "Manufacturer" and "dealer" include all persons and	292
firms that are regularly engaged in the business of	293
manufacturing, selling, displaying, offering for sale, or dealing	294
in motor vehicles, at an established place of business that is	295
used exclusively for the purpose of manufacturing, selling,	296
displaying, offering for sale, or dealing in motor vehicles. A	297
place of business that is used for manufacturing, selling,	298
displaying, offering for sale, or dealing in motor vehicles shall	299
be deemed to be used exclusively for those purposes even though	300
snowmobiles or all-purpose vehicles are sold or displayed for	301
sale thereat, even though farm machinery is sold or displayed	302
for sale thereat, or even though repair, accessory, gasoline	303
and oil, storage, parts, service, or paint departments are	304
maintained thereat, or, in any county having a population of	305
less than seventy-five thousand at the last federal census,	306
even though a department in a place of business is used to	307
dismantle, salvage, or rebuild motor vehicles by means of used	308
parts, if such departments are operated for the purpose of	309
furthering and assisting in the business of manufacturing,	310
selling, displaying, offering for sale, or dealing in motor	311
vehicles. Places of business or departments in a place of	312
business used to dismantle, salvage, or rebuild motor vehicles	313
by means of using used parts are not considered as being	314
maintained for the purpose of assisting or furthering the	315
manufacturing, selling, displaying, and offering for sale or	316
dealing in motor vehicles.	317

(X) "Operator" includes any person who drives or operates a	318
motor vehicle upon the public highways.	319

(Y) "Chauffeur" means any operator who operates a motor	320
vehicle, other than a taxicab, as an employee for hire; or any	321
operator whether or not the owner of a motor vehicle, other than	322
a taxicab, who operates such vehicle for transporting, for gain,	323
compensation, or profit, either persons or property owned by	324
another. Any operator of a motor vehicle who is voluntarily	325
involved in a ridesharing arrangement is not considered an	326
employee for hire or operating such vehicle for gain,	327
compensation, or profit.	328

(Z) "State" includes the territories and federal districts	329
of the United States, and the provinces of Canada.	330

(AA) "Public roads and highways" for vehicles includes all	331
public thoroughfares, bridges, and culverts.	332

(BB) "Manufacturer's number" means the manufacturer's	333
original serial number that is affixed to or imprinted upon the	334
chassis or other part of the motor vehicle.	335

(CC) "Motor number" means the manufacturer's original	336
number that is affixed to or imprinted upon the engine or motor	337
of the vehicle.	338

(DD) "Distributor" means any person who is authorized by a	339
motor vehicle manufacturer to distribute new motor vehicles to	340
licensed motor vehicle dealers at an established place of	341
business that is used exclusively for the purpose of	342
distributing new motor vehicles to licensed motor vehicle	343
dealers, except when the distributor also is a new motor vehicle	344
dealer, in which case the distributor may distribute at the	345
location of the distributor's licensed dealership.	346

(EE) "Ridesharing arrangement" means the transportation of	347
persons in a motor vehicle where the transportation is incidental	348
to another purpose of a volunteer driver and includes ridesharing	349
arrangements known as carpools, vanpools, and buspools.	350

(FF) "Apportionable vehicle" means any vehicle that is used	351
or intended for use in two or more international registration	352
plan member jurisdictions that allocate or proportionally	353
register vehicles, that is used for the transportation of persons	354
for hire or designed, used, or maintained primarily for the	355
transportation of property, and that meets any of the following	356
qualifications:	357

(1) Is a power unit having a gross vehicle weight in excess	358
of twenty-six thousand pounds;	359

(2) Is a power unit having three or more axles, regardless	360
of the gross vehicle weight;	361

(3) Is a combination vehicle with a gross vehicle weight in	362
excess of twenty-six thousand pounds.	363

"Apportionable vehicle" does not include recreational	364
vehicles, vehicles displaying restricted plates, city pick-up and	365
delivery vehicles, buses used for the transportation of chartered	366
parties, or vehicles owned and operated by the United States,	367
this state, or any political subdivisions thereof.	368

(GG) "Chartered party" means a group of persons who	369
contract as a group to acquire the exclusive use of a	370
passenger-carrying motor vehicle at a fixed charge for the	371
vehicle in accordance with the carrier's tariff, lawfully on file	372
with the United States department of transportation, for the	373
purpose of group travel to a specified destination or for a	374
particular itinerary, either agreed upon in advance or modified	375
by the chartered group after having left the place of origin.	376

(HH) "International registration plan" means a reciprocal	377
agreement of member jurisdictions that is endorsed by the	378
American association of motor vehicle administrators, and that	379
promotes and encourages the fullest possible use of the highway	380
system by authorizing apportioned registration of fleets of	381
vehicles and recognizing registration of vehicles apportioned in	382
member jurisdictions.	383

(II) "Restricted plate" means a license plate that has a	384
restriction of time, geographic area, mileage, or commodity, and	385
includes license plates issued to farm trucks under division (K)	386
of section 4503.04 of the Revised Code.	387

(JJ) "Gross vehicle weight," with regard to any commercial	388
car, trailer, semitrailer, or bus that is taxed at the rates	389
established under section 4503.042 of the Revised Code, means the	390
unladen weight of the vehicle fully equipped plus the maximum	391
weight of the load to be carried on the vehicle.	392

(KK) "Combined gross vehicle weight" with regard to any	393
combination of a commercial car, trailer, and semitrailer, that	394
is taxed at the rates established under section 4503.042 of the	395
Revised Code, means the total unladen weight of the combination	396
of vehicles fully equipped plus the maximum weight of the load to	397
be carried on that combination of vehicles.	398

(LL) "Chauffeured limousine" means a motor vehicle that is	399
designed to carry nine or fewer passengers and is operated for	400
hire on an hourly basis pursuant to a prearranged contract for	401
the transportation of passengers on public roads and highways	402
along a route under the control of the person hiring the vehicle	403
and not over a defined and regular route. "Prearranged contract"	404
means an agreement, made in advance of boarding, to provide	405
transportation from a specific location in a chauffeured	406
limousine at a fixed rate per hour or trip. "Chauffeured	407
limousine" does not include any vehicle that is used exclusively	408
in the business of funeral directing.	409

(MM) "Manufactured home" has the same meaning as in	410
division (C)(4) of section 3781.06 of the Revised Code.	411

(NN) "Acquired situs," with respect to a manufactured home	412
or a mobile home, means to become located in this state by the	413
placement of the home on real property, but does not include the	414
placement of a manufactured home or a mobile home in the	415
inventory of a new motor vehicle dealer or the inventory of a	416
manufacturer, remanufacturer, or distributor of manufactured or	417
mobile homes.	418

(OO) "Electronic" includes electrical, digital, magnetic,	419
optical, electromagnetic, or any other form of technology that	420
entails capabilities similar to these technologies.	421

(PP) "Electronic record" means a record generated,	422
communicated, received, or stored by electronic means for use in	423
an information system or for transmission from one information	424
system to another.	425

(QQ) "Electronic signature" means a signature in electronic	426
form attached to or logically associated with an electronic	427
record.	428

(RR) "Financial transaction device" has the same meaning as	429
in division (A) of section 113.40 of the Revised Code.	430

(SS) "Electronic motor vehicle dealer" means a motor vehicle	431
dealer licensed under Chapter 4517. of the Revised Code whom the	432
registrar of motor vehicles determines meets the criteria	433
designated in section 4503.035 of the Revised Code for electronic	434
motor vehicle dealers and designates as an electronic motor	435
vehicle dealer under that section.	436

(TT) "Electric personal assistive mobility device" means a	437
self-balancing two non-tandem wheeled device that is designed to	438
transport only one person, has an electric propulsion system of an	439
average of seven hundred fifty watts, and when ridden on a paved	440
level surface by an operator who weighs one hundred seventy pounds	441
has a maximum speed of less than twenty miles per hour.	442

Sec. 4509.01.  As used in sections 4509.01 to 4509.78 of the	443
Revised Code:	444

(A) "Person" includes every natural person, firm,	445
partnership, association, or corporation.	446

(B) "Driver" means every person who drives or is in actual	447
physical control of a motor vehicle.	448

(C) "License" includes any license, permit, or privilege to	449
operate a motor vehicle issued under the laws of this state	450
including:	451

(1) Any temporary instruction permit or examiner's driving	452
permit;	453

(2) The privilege of any person to drive a motor vehicle	454
whether or not such person holds a valid license;	455

(3) Any nonresident's operating privilege.

456

(D) "Owner" means a person who holds the legal title of a	457
motor vehicle. If a motor vehicle is the subject of a lease with	458
an immediate right of possession vested in the lessee, the lessee	459
is the owner. A person listed as the owner on a certificate of	460
title on which there is a notation of a security interest is the	461
owner. A buyer or other transferee of a motor vehicle who	462
receives the certificate of title from the seller or transferor	463
listing the seller or transferor thereon as the owner with an	464
assignment of title to the buyer or transferee nonetheless is the	465
owner even though a subsequent certificate of title has not been	466
issued listing the buyer or transferee as the owner.	467

(E) "Registration" means registration certificates and	468
registration plates issued under the laws of this state pertaining	469
to the registration of motor vehicles.	470

(F) "Nonresident" means every person who is not a resident	471
of this state.	472

(G) "Nonresident's operating privilege" means the privilege	473
conferred upon a nonresident by the laws of this state pertaining	474
to the operation by such person of a motor vehicle, or the use of	475
a motor vehicle owned by such person, in this state.	476

(H) "Vehicle" means every device by which any person or	477
property may be transported upon a highway, except electric	478
personal assistive mobility devices, devices moved by power	479
collected from overhead electric trolley wires, or used	480
exclusively upon stationary rails or tracks, and except devices	481
other than bicycles moved by human power.	482

(I) "Motor vehicle" means every vehicle propelled by power	483
other than muscular power or power collected from overhead	484
electric trolley wires, except motorized bicycles, road rollers,	485
traction engines, power shovels, power cranes and other equipment	486
used in construction work and not designed for or employed in	487
general highway transportation, hole-digging machinery,	488
well-drilling machinery, ditch-digging machinery, farm machinery,	489
threshing machinery, hay baling machinery, and agricultural	490
tractors and machinery used in the production of horticultural,	491
floricultural, agricultural, and vegetable products.	492

(J) "Accident" or "motor vehicle accident" means any	493
accident involving a motor vehicle which results in bodily injury	494
to or death of any person, or damage to the property of any person	495
in excess of four hundred dollars.	496

(K) "Proof of financial responsibility" means proof of	497
ability to respond in damages for liability, on account of	498
accidents occurring subsequent to the effective date of such	499
proof, arising out of the ownership, maintenance, or use of a	500
motor vehicle in the amount of twelve thousand five hundred	501
dollars because of bodily injury to or death of one person in any	502
one accident, in the amount of twenty-five thousand dollars	503
because of bodily injury to or death of two or more persons in any	504
one accident, and in the amount of seven thousand five hundred	505
dollars because of injury to property of others in any one	506
accident.	507

(L) "Motor-vehicle liability policy" means an "owner's	508
policy" or an "operator's policy" of liability insurance,	509
certified as provided in section 4509.46 or 4509.47 of the Revised	510
Code as proof of financial responsibility, and issued, except as	511
provided in section 4509.47 of the Revised Code, by an insurance	512
carrier authorized to do business in this state, to or for the	513
benefit of the person named therein as insured.	514

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	515
of the Revised Code:	516

(A) "Vehicle" means every device, including a motorized	517
bicycle, in, upon, or by which any person or property may be	518
transported or drawn upon a highway, except motorized wheelchairs,	519
electric personal assistive mobility devices, devices moved by	520
power collected from overhead electric trolley wires, or used	521
exclusively upon stationary rails or tracks, and devices other	522
than bicycles moved by human power.	523

(B) "Motor vehicle" means every vehicle propelled or drawn	524
by power other than muscular power or power collected from	525
overhead electric trolley wires, except motorized bicycles, road	526
rollers, traction engines, power shovels, power cranes, and other	527
equipment used in construction work and not designed for or	528
employed in general highway transportation, hole-digging	529
machinery, well-drilling machinery, ditch-digging machinery, farm	530
machinery, trailers used to transport agricultural produce or	531
agricultural production materials between a local place of storage	532
or supply and the farm when drawn or towed on a street or highway	533
at a speed of twenty-five miles per hour or less, threshing	534
machinery, hay-baling machinery, agricultural tractors and	535
machinery used in the production of horticultural, floricultural,	536
agricultural, and vegetable products, and trailers designed and	537
used exclusively to transport a boat between a place of storage	538
and a marina, or in and around a marina, when drawn or towed on a	539
street or highway for a distance of no more than ten miles and at	540
a speed of twenty-five miles per hour or less.	541

(C) "Motorcycle" means every motor vehicle, other than a	542
tractor, having a saddle for the use of the operator and designed	543
to travel on not more than three wheels in contact with the	544
ground, including, but not limited to, motor vehicles known as	545
"motor-driven cycle," "motor scooter," or "motorcycle" without	546
regard to weight or brake horsepower.	547

(D) "Emergency vehicle" means emergency vehicles of	548
municipal, township, or county departments or public utility	549
corporations when identified as such as required by law, the	550
director of public safety, or local authorities, and motor	551
vehicles when commandeered by a police officer.	552

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

553

(1) Ambulances, including private ambulance companies under	554
contract to a municipal corporation, township, or county, and	555
private ambulances and nontransport vehicles bearing license	556
plates issued under section 4503.49 of the Revised Code;	557

(2) Motor vehicles used by public law enforcement officers	558
or other persons sworn to enforce the criminal and traffic laws of	559
the state;	560

(3) Any motor vehicle when properly identified as required	561
by the director of public safety, when used in response to fire	562
emergency calls or to provide emergency medical service to ill or	563
injured persons, and when operated by a duly qualified person who	564
is a member of a volunteer rescue service or a volunteer fire	565
department, and who is on duty pursuant to the rules or directives	566
of that service. The state fire marshal shall be designated by	567
the director of public safety as the certifying agency for all	568
public safety vehicles described in division (E)(3) of this	569
section.	570

(4) Vehicles used by fire departments, including motor	571
vehicles when used by volunteer fire fighters responding to	572
emergency calls in the fire department service when identified as	573
required by the director of public safety.	574

Any vehicle used to transport or provide emergency medical	575
service to an ill or injured person, when certified as a public	576
safety vehicle, shall be considered a public safety vehicle when	577
transporting an ill or injured person to a hospital regardless of	578
whether such vehicle has already passed a hospital.	579

(5) Vehicles used by the commercial motor vehicle safety	580
enforcement unit for the enforcement of orders and rules of the	581
public utilities commission as specified in section 5503.34 of the	582
Revised Code.	583

(F) "School bus" means every bus designed for carrying more	584
than nine passengers that is owned by a public, private, or	585
governmental agency or institution of learning and operated for	586
the transportation of children to or from a school session or a	587
school function, or owned by a private person and operated for	588
compensation for the transportation of children to or from a	589
school session or a school function, provided "school bus" does	590
not include a bus operated by a municipally owned transportation	591
system, a mass transit company operating exclusively within the	592
territorial limits of a municipal corporation, or within such	593
limits and the territorial limits of municipal corporations	594
immediately contiguous to such municipal corporation, nor a common	595
passenger carrier certified by the public utilities commission	596
unless such bus is devoted exclusively to the transportation of	597
children to and from a school session or a school function, and	598
"school bus" does not include a van or bus used by a licensed	599
child day-care center or type A family day-care home to transport	600
children from the child day-care center or type A family day-care	601
home to a school if the van or bus does not have more than fifteen	602
children in the van or bus at any time.	603

(G) "Bicycle" means every device, other than a tricycle	604
designed solely for use as a play vehicle by a child, propelled	605
solely by human power upon which any person may ride having either	606
two tandem wheels, or one wheel in the front and two wheels in the	607
rear, any of which is more than fourteen inches in diameter.	608

(H) "Motorized bicycle" means any vehicle having either two	609
tandem wheels or one wheel in the front and two wheels in the	610
rear, that is capable of being pedaled and is equipped with a	611
helper motor of not more than fifty cubic centimeters piston	612
displacement that produces no more than one brake horsepower and	613
is capable of propelling the vehicle at a speed of no greater than	614
twenty miles per hour on a level surface.	615

(I) "Commercial tractor" means every motor vehicle having	616
motive power designed or used for drawing other vehicles and not	617
so constructed as to carry any load thereon, or designed or used	618
for drawing other vehicles while carrying a portion of such other	619
vehicles, or load thereon, or both.	620

(J) "Agricultural tractor" means every self-propelling	621
vehicle designed or used for drawing other vehicles or wheeled	622
machinery but having no provision for carrying loads independently	623
of such other vehicles, and used principally for agricultural	624
purposes.	625

(K) "Truck" means every motor vehicle, except trailers and	626
semitrailers, designed and used to carry property.	627

(L) "Bus" means every motor vehicle designed for carrying	628
more than nine passengers and used for the transportation of	629
persons other than in a ridesharing arrangement, and every motor	630
vehicle, automobile for hire, or funeral car, other than a taxicab	631
or motor vehicle used in a ridesharing arrangement, designed and	632
used for the transportation of persons for compensation.	633

(M) "Trailer" means every vehicle designed or used for	634
carrying persons or property wholly on its own structure and for	635
being drawn by a motor vehicle, including any such vehicle when	636
formed by or operated as a combination of a "semitrailer" and a	637
vehicle of the dolly type, such as that commonly known as a	638
"trailer dolly," a vehicle used to transport agricultural produce	639
or agricultural production materials between a local place of	640
storage or supply and the farm when drawn or towed on a street or	641
highway at a speed greater than twenty-five miles per hour, and a	642
vehicle designed and used exclusively to transport a boat between	643
a place of storage and a marina, or in and around a marina, when	644
drawn or towed on a street or highway for a distance of more than	645
ten miles or at a speed of more than twenty-five miles per hour.	646

(N) "Semitrailer" means every vehicle designed or used for	647
carrying persons or property with another and separate motor	648
vehicle so that in operation a part of its own weight or that of	649
its load, or both, rests upon and is carried by another vehicle.	650

(O) "Pole trailer" means every trailer or semitrailer	651
attached to the towing vehicle by means of a reach, pole, or by	652
being boomed or otherwise secured to the towing vehicle, and	653
ordinarily used for transporting long or irregular shaped loads	654
such as poles, pipes, or structural members capable, generally, of	655
sustaining themselves as beams between the supporting connections.	656

(P) "Railroad" means a carrier of persons or property	657
operating upon rails placed principally on a private right-of-way.	658

(Q) "Railroad train" means a steam engine or an electric or	659
other motor, with or without cars coupled thereto, operated by a	660
railroad.	661

(R) "Streetcar" means a car, other than a railroad train,	662
for transporting persons or property, operated upon rails	663
principally within a street or highway.	664

(S) "Trackless trolley" means every car that collects its	665
power from overhead electric trolley wires and that is not	666
operated upon rails or tracks.	667

(T) "Explosives" means any chemical compound or mechanical	668
mixture that is intended for the purpose of producing an explosion	669
that contains any oxidizing and combustible units or other	670
ingredients in such proportions, quantities, or packing that an	671
ignition by fire, by friction, by concussion, by percussion, or by	672
a detonator of any part of the compound or mixture may cause such	673
a sudden generation of highly heated gases that the resultant	674
gaseous pressures are capable of producing destructive effects on	675
contiguous objects, or of destroying life or limb. Manufactured	676
articles shall not be held to be explosives when the individual	677
units contain explosives in such limited quantities, of such	678
nature, or in such packing, that it is impossible to procure a	679
simultaneous or a destructive explosion of such units, to the	680
injury of life, limb, or property by fire, by friction, by	681
concussion, by percussion, or by a detonator, such as fixed	682
ammunition for small arms, firecrackers, or safety fuse matches.	683

(U) "Flammable liquid" means any liquid that has a flash	684
point of seventy degrees Fahrenheit, or less, as determined by a	685
tagliabue or equivalent closed cup test device.	686

(V) "Gross weight" means the weight of a vehicle plus the	687
weight of any load thereon.	688

(W) "Person" means every natural person, firm,	689
co-partnership, association, or corporation.	690

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

691

(Y) "Driver or operator" means every person who drives or is	692
in actual physical control of a vehicle, trackless trolley, or	693
streetcar.	694

(Z) "Police officer" means every officer authorized to	695
direct or regulate traffic, or to make arrests for violations of	696
traffic regulations.	697

(AA) "Local authorities" means every county, municipal, and	698
other local board or body having authority to adopt police	699
regulations under the constitution and laws of this state.	700

(BB) "Street" or "highway" means the entire width between	701
the boundary lines of every way open to the use of the public as a	702
thoroughfare for purposes of vehicular travel.	703

(CC) "Controlled-access highway" means every street or	704
highway in respect to which owners or occupants of abutting lands	705
and other persons have no legal right of access to or from the	706
same except at such points only and in such manner as may be	707
determined by the public authority having jurisdiction over such	708
street or highway.	709

(DD) "Private road or driveway" means every way or place in	710
private ownership used for vehicular travel by the owner and those	711
having express or implied permission from the owner but not by	712
other persons.	713

(EE) "Roadway" means that portion of a highway improved,	714
designed, or ordinarily used for vehicular travel, except the berm	715
or shoulder. If a highway includes two or more separate roadways	716
the term "roadway" means any such roadway separately but not all	717
such roadways collectively.	718

(FF) "Sidewalk" means that portion of a street between the	719
curb lines, or the lateral lines of a roadway, and the adjacent	720
property lines, intended for the use of pedestrians.	721

(GG) "Laned highway" means a highway the roadway of which is	722
divided into two or more clearly marked lanes for vehicular	723
traffic.	724

(HH) "Through highway" means every street or highway as	725
provided in section 4511.65 of the Revised Code.	726

(II) "State highway" means a highway under the jurisdiction	727
of the department of transportation, outside the limits of	728
municipal corporations, provided that the authority conferred upon	729
the director of transportation in section 5511.01 of the Revised	730
Code to erect state highway route markers and signs directing	731
traffic shall not be modified by sections 4511.01 to 4511.79 and	732
4511.99 of the Revised Code.	733

(JJ) "State route" means every highway that is designated	734
with an official state route number and so marked.	735

(KK) "Intersection" means:

736

(1) The area embraced within the prolongation or connection	737
of the lateral curb lines, or, if none, then the lateral boundary	738
lines of the roadways of two highways which join one another at,	739
or approximately at, right angles, or the area within which	740
vehicles traveling upon different highways joining at any other	741
angle may come in conflict.	742

(2) Where a highway includes two roadways thirty feet or	743
more apart, then every crossing of each roadway of such divided	744
highway by an intersecting highway shall be regarded as a separate	745
intersection. If an intersecting highway also includes two	746
roadways thirty feet or more apart, then every crossing of two	747
roadways of such highways shall be regarded as a separate	748
intersection.	749

(3) The junction of an alley with a street or highway, or	750
with another alley, shall not constitute an intersection.	751

(LL) "Crosswalk" means:

752

(1) That part of a roadway at intersections ordinarily	753
included within the real or projected prolongation of property	754
lines and curb lines or, in the absence of curbs, the edges of the	755
traversable roadway;	756

(2) Any portion of a roadway at an intersection or	757
elsewhere, distinctly indicated for pedestrian crossing by lines	758
or other markings on the surface;	759

(3) Notwithstanding divisions (LL)(1) and (2) of this	760
section, there shall not be a crosswalk where local authorities	761
have placed signs indicating no crossing.	762

(MM) "Safety zone" means the area or space officially set	763
apart within a roadway for the exclusive use of pedestrians and	764
protected or marked or indicated by adequate signs as to be	765
plainly visible at all times.	766

(NN) "Business district" means the territory fronting upon a	767
street or highway, including the street or highway, between	768
successive intersections within municipal corporations where fifty	769
per cent or more of the frontage between such successive	770
intersections is occupied by buildings in use for business, or	771
within or outside municipal corporations where fifty per cent or	772
more of the frontage for a distance of three hundred feet or more	773
is occupied by buildings in use for business, and the character of	774
such territory is indicated by official traffic control devices.	775

(OO) "Residence district" means the territory, not	776
comprising a business district, fronting on a street or highway,	777
including the street or highway, where, for a distance of three	778
hundred feet or more, the frontage is improved with residences or	779
residences and buildings in use for business.	780

(PP) "Urban district" means the territory contiguous to and	781
including any street or highway which is built up with structures	782
devoted to business, industry, or dwelling houses situated at	783
intervals of less than one hundred feet for a distance of a	784
quarter of a mile or more, and the character of such territory is	785
indicated by official traffic control devices.	786

(QQ) "Traffic control devices" means all flaggers, signs,	787
signals, markings, and devices placed or erected by authority of a	788
public body or official having jurisdiction, for the purpose of	789
regulating, warning, or guiding traffic, including signs denoting	790
names of streets and highways.	791

(RR) "Traffic control signal" means any device, whether	792
manually, electrically, or mechanically operated, by which traffic	793
is alternately directed to stop, to proceed, to change direction,	794
or not to change direction.	795

(SS) "Railroad sign or signal" means any sign, signal, or	796
device erected by authority of a public body or official or by a	797
railroad and intended to give notice of the presence of railroad	798
tracks or the approach of a railroad train.	799

(TT) "Traffic" means pedestrians, ridden or herded animals,	800
vehicles, streetcars, trackless trolleys, and other devices,	801
either singly or together, while using any highway for purposes of	802
travel.	803

(UU) "Right-of-way" means either of the following, as the	804
context requires:	805

(1) The right of a vehicle, streetcar, trackless trolley, or	806
pedestrian to proceed uninterruptedly in a lawful manner in the	807
direction in which it or the individual is moving in preference to	808
another vehicle, streetcar, trackless trolley, or pedestrian	809
approaching from a different direction into its or the	810
individual's path;	811

(2) A general term denoting land, property, or the interest	812
therein, usually in the configuration of a strip, acquired for or	813
devoted to transportation purposes. When used in this context,	814
right-of-way includes the roadway, shoulders or berm, ditch, and	815
slopes extending to the right-of-way limits under the control of	816
the state or local authority.	817

(VV) "Rural mail delivery vehicle" means every vehicle used	818
to deliver United States mail on a rural mail delivery route.	819

(WW) "Funeral escort vehicle" means any motor vehicle,	820
including a funeral hearse, while used to facilitate the movement	821
of a funeral procession.	822

(XX) "Alley" means a street or highway intended to provide	823
access to the rear or side of lots or buildings in urban districts	824
and not intended for the purpose of through vehicular traffic, and	825
includes any street or highway that has been declared an "alley"	826
by the legislative authority of the municipal corporation in which	827
such street or highway is located.	828

(YY) "Freeway" means a divided multi-lane highway for	829
through traffic with all crossroads separated in grade and with	830
full control of access.	831

(ZZ) "Expressway" means a divided arterial highway for	832
through traffic with full or partial control of access with an	833
excess of fifty per cent of all crossroads separated in grade.	834

(AAA) "Thruway" means a through highway whose entire roadway	835
is reserved for through traffic and on which roadway parking is	836
prohibited.	837

(BBB) "Stop intersection" means any intersection at one or	838
more entrances of which stop signs are erected.	839

(CCC) "Arterial street" means any United States or state	840
numbered route, controlled access highway, or other major radial	841
or circumferential street or highway designated by local	842
authorities within their respective jurisdictions as part of a	843
major arterial system of streets or highways.	844

(DDD) "Ridesharing arrangement" means the transportation of	845
persons in a motor vehicle where such transportation is incidental	846
to another purpose of a volunteer driver and includes ridesharing	847
arrangements known as carpools, vanpools, and buspools.	848

(EEE) "Motorized wheelchair" means any self-propelled	849
vehicle designed for, and used by, a handicapped person and that	850
is incapable of a speed in excess of eight miles per hour.	851

(FFF) "Child day-care center" and "type A family day-care	852
home" have the same meanings as in section 5104.01 of the Revised	853
Code.	854

(GGG) "Multi-wheel agricultural tractor" means a type of	855
agricultural tractor that has two or more wheels or tires on each	856
side of one axle at the rear of the tractor, is designed or used	857
for drawing other vehicles or wheeled machinery, has no provision	858
for carrying loads independently of the drawn vehicles or	859
machinery, and is used principally for agricultural purposes.	860

Sec. 4511.512. (A)(1) Electric personal assistive mobility	861
devices may be operated on the public streets, highways,	862
sidewalks, and paths and portions of roadways set aside for the	863
exclusive use of bicycles in accordance with this section.	864

(2) Except as otherwise provided in this section, those	865
sections of this chapter that by their nature are applicable to an	866
electric personal assistive mobility device apply to the device	867
and the person operating it whenever it is operated upon any	868
public street, highway, sidewalk, or path or upon any portion of a	869
roadway set aside for the exclusive use of bicycles.	870

(3) A local authority may regulate or prohibit the	871
operation of electric personal assistive mobility devices on	872
public streets, highways, sidewalks, and paths, and portions of	873
roadways set aside for the exclusive use of bicycles, under its	874
jurisdiction.	875

(B) No operator of an electric personal assistive mobility	876
device shall do any of the following:	877

(1) Fail to yield the right-of-way to all pedestrians and	878
human-powered vehicles at all times;	879

(2) Fail to give an audible signal before overtaking and	880
passing a pedestrian;	881

(3) Operate the device at night unless the device or its	882
operator is equipped with or wearing both of the following:	883

(a) A lamp pointing to the front that emits a white light	884
visible from a distance of not less than five hundred feet;	885

(b) A red reflector facing the rear that is visible from	886
all distances from one hundred feet to six hundred feet when	887
directly in front of lawful lower beams of head lamps on a motor	888
vehicle.	889

(4) Operate the device on any portion of a street or	890
highway that has an established speed limit of fifty-five miles	891
per hour or more;	892

(5) Operate the device upon any path set aside for the	893
exclusive use of pedestrians or other specialized use when an	894
appropriate sign giving notice of the specialized use is posted on	895
the path;	896

(6) If under eighteen years of age, operate the device	897
unless wearing a protective helmet on the person's head with the	898
chin strap properly fastened;	899

(7) If under sixteen years of age, operate the device	900
unless, during the operation, the person is under the direct	901
visual and audible supervision of another person who is eighteen	902
years of age or older and is responsible for the immediate care of	903
the person under sixteen years of age.	904

(C) No person who is under fourteen years of age shall	905
operate an electric personal assistive mobility device.	906

(D) No person shall distribute or sell an electric	907
personal assistive mobility device unless the device is	908
accompanied by a written statement that is substantially	909
equivalent to the following: "WARNING: TO REDUCE THE RISK OF	910
SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT –	911
HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS."	912

(E) Nothing in this section affects or shall be construed to	913
affect any rule of the director of natural resources or a board of	914
park district commissioners governing the operation of vehicles on	915
lands under the control of the director or board, as applicable.	916

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	917
(3), or (4) of section 4511.19 of the Revised Code, in addition to	918
the license suspension or revocation provided in section 4507.16	919
of the Revised Code and any disqualification imposed under section	920
4506.16 of the Revised Code, shall be punished as provided in	921
division (A)(1), (2), (3), or (4) of this section. Whoever	922
violates division (A)(5), (6), or (7) of section 4511.19 of the	923
Revised Code, in addition to the license suspension or revocation	924
provided in section 4507.16 of the Revised Code and any	925
disqualification imposed under section 4506.16 of the Revised	926
Code, shall be punished as provided in division (A)(5), (6), (7),	927
or (8) of this section.	928

(1) Except as otherwise provided in division (A)(2), (3), or	929
(4) of this section, the offender is guilty of a misdemeanor of	930
the first degree and the court shall sentence the offender to a	931
term of imprisonment of three consecutive days and may sentence	932
the offender pursuant to section 2929.21 of the Revised Code to a	933
longer term of imprisonment. In addition, the court shall impose	934
upon the offender a fine of not less than two hundred fifty and	935
not more than one thousand dollars.	936

The court may suspend the execution of the mandatory three	937
consecutive days of imprisonment that it is required to impose by	938
this division, if the court, in lieu of the suspended term of	939
imprisonment, places the offender on probation and requires the	940
offender to attend, for three consecutive days, a drivers'	941
intervention program that is certified pursuant to section 3793.10	942
of the Revised Code. The court also may suspend the execution of	943
any part of the mandatory three consecutive days of imprisonment	944
that it is required to impose by this division, if the court	945
places the offender on probation for part of the three consecutive	946
days; requires the offender to attend, for that part of the three	947
consecutive days, a drivers' intervention program that is	948
certified pursuant to section 3793.10 of the Revised Code; and	949
sentences the offender to a term of imprisonment equal to the	950
remainder of the three consecutive days that the offender does not	951
spend attending the drivers' intervention program. The court may	952
require the offender, as a condition of probation, to attend and	953
satisfactorily complete any treatment or education programs that	954
comply with the minimum standards adopted pursuant to Chapter	955
3793. of the Revised Code by the director of alcohol and drug	956
addiction services, in addition to the required attendance at a	957
drivers' intervention program, that the operators of the drivers'	958
intervention program determine that the offender should attend and	959
to report periodically to the court on the offender's progress in	960
the programs. The court also may impose any other conditions of	961
probation on the offender that it considers necessary.	962

Of the fine imposed pursuant to this division, twenty-five	963
dollars shall be paid to an enforcement and education fund	964
established by the legislative authority of the law enforcement	965
agency in this state that primarily was responsible for the arrest	966
of the offender, as determined by the court that imposes the fine.	967
This share shall be used by the agency to pay only those costs it	968
incurs in enforcing section 4511.19 of the Revised Code or a	969
substantially similar municipal ordinance and in informing the	970
public of the laws governing the operation of a motor vehicle	971
while under the influence of alcohol, the dangers of operating a	972
motor vehicle while under the influence of alcohol, and other	973
information relating to the operation of a motor vehicle and the	974
consumption of alcoholic beverages. Fifty dollars of the fine	975
imposed pursuant to this division shall be paid to the political	976
subdivision that pays the cost of housing the offender during the	977
offender's term of incarceration to the credit of the fund that	978
pays the cost of the incarceration. If the offender was confined	979
as a result of the offense prior to being sentenced for the	980
offense but is not sentenced to a term of incarceration, the fifty	981
dollars shall be paid to the political subdivision that paid the	982
cost of housing the offender during that period of confinement.	983
The political subdivision shall use this share to pay or reimburse	984
incarceration or treatment costs it incurs in housing or providing	985
drug and alcohol treatment to persons who violate section 4511.19	986
of the Revised Code or a substantially similar municipal ordinance	987
and to pay for ignition interlock devices and electronic house	988
arrest equipment for persons who violate that section.	989
Twenty-five dollars of the fine imposed pursuant to this division	990
shall be deposited into the county indigent drivers alcohol	991
treatment fund or municipal indigent drivers alcohol treatment	992
fund under the control of that court, as created by the county or	993
municipal corporation pursuant to division (N) of section 4511.191	994
of the Revised Code. The balance of the fine shall be disbursed	995
as otherwise provided by law.	996

(2)(a) Except as otherwise provided in division (A)(4) of	997
this section, the offender is guilty of a misdemeanor of the first	998
degree, and, except as provided in this division, the court shall	999
sentence the offender to a term of imprisonment of ten consecutive	1000
days and may sentence the offender pursuant to section 2929.21 of	1001
the Revised Code to a longer term of imprisonment if, within six	1002
years of the offense, the offender has been convicted of or	1003
pleaded guilty to one violation of the following:	1004

(i) Division (A) or (B) of section 4511.19 of the Revised	1005
Code;	1006

(ii) A municipal ordinance relating to operating a vehicle	1007
while under the influence of alcohol, a drug of abuse, or alcohol	1008
and a drug of abuse;	1009

(iii) A municipal ordinance relating to operating a vehicle	1010
with a prohibited concentration of alcohol in the blood, breath,	1011
or urine;	1012

(iv) Section 2903.04 of the Revised Code in a case in which	1013
the offender was subject to the sanctions described in division	1014
(D) of that section;	1015

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1016
section 2903.08 of the Revised Code or a municipal ordinance that	1017
is substantially similar to either of those divisions;	1018

(vi) Division (A)(2), (3), or (4) of section 2903.06,	1019
division (A)(2) of section 2903.08, or former section 2903.07 of	1020
the Revised Code, or a municipal ordinance that is substantially	1021
similar to any of those divisions or that former section, in a	1022
case in which the jury or judge found that the offender was under	1023
the influence of alcohol, a drug of abuse, or alcohol and a drug	1024
of abuse;	1025

(vii) A statute of the United States or of any other state	1026
or a municipal ordinance of a municipal corporation located in any	1027
other state that is substantially similar to division (A) or (B)	1028
of section 4511.19 of the Revised Code.	1029

As an alternative to the term of imprisonment required to be	1030
imposed by this division, but subject to division (A)(12) of this	1031
section, the court may impose upon the offender a sentence	1032
consisting of both a term of imprisonment of five consecutive days	1033
and not less than eighteen consecutive days of electronically	1034
monitored house arrest as defined in division (A) of section	1035
2929.23 of the Revised Code. The five consecutive days of	1036
imprisonment and the period of electronically monitored house	1037
arrest shall not exceed six months. The five consecutive days of	1038
imprisonment do not have to be served prior to or consecutively	1039
with the period of electronically monitored house arrest.	1040

In addition, the court shall impose upon the offender a fine	1041
of not less than three hundred fifty and not more than one	1042
thousand five hundred dollars.	1043

In addition to any other sentence that it imposes upon the	1044
offender, the court may require the offender to attend a drivers'	1045
intervention program that is certified pursuant to section 3793.10	1046
of the Revised Code. If the officials of the drivers'	1047
intervention program determine that the offender is alcohol	1048
dependent, they shall notify the court, and the court shall order	1049
the offender to obtain treatment through an alcohol and drug	1050
addiction program authorized by section 3793.02 of the Revised	1051
Code. The cost of the treatment shall be paid by the offender.	1052

Of the fine imposed pursuant to this division, thirty-five	1053
dollars shall be paid to an enforcement and education fund	1054
established by the legislative authority of the law enforcement	1055
agency in this state that primarily was responsible for the arrest	1056
of the offender, as determined by the court that imposes the fine.	1057
This share shall be used by the agency to pay only those costs it	1058
incurs in enforcing section 4511.19 of the Revised Code or a	1059
substantially similar municipal ordinance and in informing the	1060
public of the laws governing the operation of a motor vehicle	1061
while under the influence of alcohol, the dangers of operating a	1062
motor vehicle while under the influence of alcohol, and other	1063
information relating to the operation of a motor vehicle and the	1064
consumption of alcoholic beverages. One hundred fifteen dollars	1065
of the fine imposed pursuant to this division shall be paid to the	1066
political subdivision that pays the cost of housing the offender	1067
during the offender's term of incarceration. This share shall be	1068
used by the political subdivision to pay or reimburse	1069
incarceration or treatment costs it incurs in housing or providing	1070
drug and alcohol treatment to persons who violate section 4511.19	1071
of the Revised Code or a substantially similar municipal ordinance	1072
and to pay for ignition interlock devices and electronic house	1073
arrest equipment for persons who violate that section, and shall	1074
be paid to the credit of the fund that pays the cost of the	1075
incarceration. Fifty dollars of the fine imposed pursuant to this	1076
division shall be deposited into the county indigent drivers	1077
alcohol treatment fund or municipal indigent drivers alcohol	1078
treatment fund under the control of that court, as created by the	1079
county or municipal corporation pursuant to division (N) of	1080
section 4511.191 of the Revised Code. The balance of the fine	1081
shall be disbursed as otherwise provided by law.	1082

(b) Regardless of whether the vehicle the offender was	1083
operating at the time of the offense is registered in the	1084
offender's name or in the name of another person, the court, in	1085
addition to the penalties imposed under division (A)(2)(a) of this	1086
section and all other penalties provided by law and subject to	1087
section 4503.235 of the Revised Code, shall order the	1088
immobilization for ninety days of the vehicle the offender was	1089
operating at the time of the offense and the impoundment for	1090
ninety days of the identification license plates of that vehicle.	1091
The order for the immobilization and impoundment shall be issued	1092
and enforced in accordance with section 4503.233 of the Revised	1093
Code.	1094

(3)(a) Except as otherwise provided in division (A)(4) of	1095
this section and except as provided in this division, if, within	1096
six years of the offense, the offender has been convicted of or	1097
pleaded guilty to two violations identified in division (A)(2) of	1098
this section, the court shall sentence the offender to a term of	1099
imprisonment of thirty consecutive days and may sentence the	1100
offender to a longer definite term of imprisonment of not more	1101
than one year. As an alternative to the term of imprisonment	1102
required to be imposed by this division, but subject to division	1103
(A)(12) of this section, the court may impose upon the offender a	1104
sentence consisting of both a term of imprisonment of fifteen	1105
consecutive days and not less than fifty-five consecutive days of	1106
electronically monitored house arrest as defined in division (A)	1107
of section 2929.23 of the Revised Code. The fifteen consecutive	1108
days of imprisonment and the period of electronically monitored	1109
house arrest shall not exceed one year. The fifteen consecutive	1110
days of imprisonment do not have to be served prior to or	1111
consecutively with the period of electronically monitored house	1112
arrest.	1113

In addition, the court shall impose upon the offender a fine	1114
of not less than five hundred fifty and not more than two thousand	1115
five hundred dollars.	1116

In addition to any other sentence that it imposes upon the	1117
offender, the court shall require the offender to attend an	1118
alcohol and drug addiction program authorized by section 3793.02	1119
of the Revised Code. The cost of the treatment shall be paid by	1120
the offender. If the court determines that the offender is unable	1121
to pay the cost of attendance at the treatment program, the court	1122
may order that payment of the cost of the offender's attendance at	1123
the treatment program be made from that court's indigent drivers	1124
alcohol treatment fund.	1125

Of the fine imposed pursuant to this division, one hundred	1126
twenty-three dollars shall be paid to an enforcement and education	1127
fund established by the legislative authority of the law	1128
enforcement agency in this state that primarily was responsible	1129
for the arrest of the offender, as determined by the court that	1130
imposes the fine. This share shall be used by the agency to pay	1131
only those costs it incurs in enforcing section 4511.19 of the	1132
Revised Code or a substantially similar municipal ordinance and in	1133
informing the public of the laws governing the operation of a	1134
motor vehicle while under the influence of alcohol, the dangers of	1135
operating a motor vehicle while under the influence of alcohol,	1136
and other information relating to the operation of a motor vehicle	1137
and the consumption of alcoholic beverages. Two hundred	1138
seventy-seven dollars of the fine imposed pursuant to this	1139
division shall be paid to the political subdivision that pays the	1140
cost of housing the offender during the offender's term of	1141
incarceration. This share shall be used by the political	1142
subdivision to pay or reimburse incarceration or treatment costs	1143
it incurs in housing or providing drug and alcohol treatment to	1144
persons who violate section 4511.19 of the Revised Code or a	1145
substantially similar municipal ordinance and to pay for ignition	1146
interlock devices and electronic house arrest equipment for	1147
persons who violate that section and shall be paid to the credit	1148
of the fund that pays the cost of incarceration. The balance of	1149
the fine shall be disbursed as otherwise provided by law.	1150

(b) Regardless of whether the vehicle the offender was	1151
operating at the time of the offense is registered in the	1152
offender's name or in the name of another person, the court, in	1153
addition to the penalties imposed under division (A)(3)(a) of this	1154
section and all other penalties provided by law and subject to	1155
section 4503.235 of the Revised Code, shall order the criminal	1156
forfeiture to the state of the vehicle the offender was operating	1157
at the time of the offense. The order of criminal forfeiture	1158
shall be issued and enforced in accordance with section 4503.234	1159
of the Revised Code.	1160

(4)(a)(i) If, within six years of the offense, the offender	1161
has been convicted of or pleaded guilty to three or more	1162
violations identified in division (A)(2) of this section, and if	1163
sentence is not required to be imposed under division	1164
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	1165
of the fourth degree and, notwithstanding division (A)(4) of	1166
section 2929.14 of the Revised Code, may be sentenced to a	1167
definite prison term that shall be not less than six months and	1168
not more than thirty months. The court shall sentence the	1169
offender in accordance with sections 2929.11 to 2929.19 of the	1170
Revised Code and shall impose as part of the sentence either a	1171
mandatory term of local incarceration of sixty consecutive days of	1172
imprisonment in accordance with division (G)(1) of section 2929.13	1173
of the Revised Code or a mandatory prison term of sixty	1174
consecutive days of imprisonment in accordance with division	1175
(G)(2) of that section. If the court requires the offender to	1176
serve a mandatory term of local incarceration of sixty consecutive	1177
days of imprisonment in accordance with division (G)(1) of section	1178
2929.13 of the Revised Code, the court, pursuant to section	1179
2929.17 of the Revised Code, may impose upon the offender a	1180
sentence that includes a term of electronically monitored house	1181
arrest, provided that the term of electronically monitored house	1182
arrest shall not commence until after the offender has served the	1183
mandatory term of local incarceration.	1184

(ii) If the offender previously has been convicted of or	1185
pleaded guilty to a violation of division (A) of section 4511.19	1186
of the Revised Code under circumstances in which the violation was	1187
a felony, regardless of when the prior violation and the prior	1188
conviction or guilty plea occurred, the offender is guilty of a	1189
felony of the third degree. The court shall sentence the offender	1190
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1191
and shall impose as part of the sentence a mandatory prison term	1192
of sixty consecutive days of imprisonment in accordance with	1193
division (G)(2) of section 2929.13 of the Revised Code.	1194

(iii) In addition to all other sanctions imposed on an	1195
offender under division (A)(4)(a)(i) or (ii) of this section, the	1196
court shall impose upon the offender, pursuant to section 2929.18	1197
of the Revised Code, a fine of not less than eight hundred nor	1198
more than ten thousand dollars.	1199

In addition to any other sanction that it imposes upon the	1200
offender under division (A)(4)(a)(i) or (ii) of this section, the	1201
court shall require the offender to attend an alcohol and drug	1202
addiction program authorized by section 3793.02 of the Revised	1203
Code. The cost of the treatment shall be paid by the offender. If	1204
the court determines that the offender is unable to pay the cost	1205
of attendance at the treatment program, the court may order that	1206
payment of the cost of the offender's attendance at the treatment	1207
program be made from the court's indigent drivers alcohol	1208
treatment fund.	1209

Of the fine imposed pursuant to this division, two hundred	1210
ten dollars shall be paid to an enforcement and education fund	1211
established by the legislative authority of the law enforcement	1212
agency in this state that primarily was responsible for the arrest	1213
of the offender, as determined by the court that imposes the fine.	1214
This share shall be used by the agency to pay only those costs it	1215
incurs in enforcing section 4511.19 of the Revised Code or a	1216
substantially similar municipal ordinance and in informing the	1217
public of the laws governing operation of a motor vehicle while	1218
under the influence of alcohol, the dangers of operation of a	1219
motor vehicle while under the influence of alcohol, and other	1220
information relating to the operation of a motor vehicle and the	1221
consumption of alcoholic beverages. Four hundred forty dollars of	1222
the fine imposed pursuant to this division shall be paid to the	1223
political subdivision that pays the cost of housing the offender	1224
during the offender's term of incarceration. This share shall be	1225
used by the political subdivision to pay or reimburse	1226
incarceration or treatment costs it incurs in housing or providing	1227
drug and alcohol treatment to persons who violate section 4511.19	1228
of the Revised Code or a substantially similar municipal ordinance	1229
and to pay for ignition interlock devices and electronic house	1230
arrest equipment for persons who violate that section, and shall	1231
be paid to the credit of the fund that pays the cost of	1232
incarceration. The balance of the fine shall be disbursed as	1233
otherwise provided by law.	1234

(b) Regardless of whether the vehicle the offender was	1235
operating at the time of the offense is registered in the	1236
offender's name or in the name of another person, the court, in	1237
addition to the sanctions imposed under division (A)(4)(a) of this	1238
section and all other sanctions provided by law and subject to	1239
section 4503.235 of the Revised Code, shall order the criminal	1240
forfeiture to the state of the vehicle the offender was operating	1241
at the time of the offense. The order of criminal forfeiture	1242
shall be issued and enforced in accordance with section 4503.234	1243
of the Revised Code.	1244

(c) As used in division (A)(4)(a) of this section,	1245
"mandatory prison term" and "mandatory term of local	1246
incarceration" have the same meanings as in section 2929.01 of the	1247
Revised Code.	1248

If title to a motor vehicle that is subject to an order for	1249
criminal forfeiture under this section is assigned or transferred	1250
and division (C)(2) or (3) of section 4503.234 of the Revised Code	1251
applies, in addition to or independent of any other penalty	1252
established by law, the court may fine the offender the value of	1253
the vehicle as determined by publications of the national auto	1254
dealer's association. The proceeds from any fine imposed under	1255
this division shall be distributed in accordance with division	1256
(D)(4) of section 4503.234 of the Revised Code.	1257

(5)(a) Except as otherwise provided in division (A)(6), (7),	1258
or (8) of this section, the offender is guilty of a misdemeanor of	1259
the first degree, and the court shall sentence the offender to one	1260
of the following:	1261

(i) A term of imprisonment of at least three consecutive	1262
days and a requirement that the offender attend, for three	1263
consecutive days, a drivers' intervention program that is	1264
certified pursuant to section 3793.10 of the Revised Code;	1265

(ii) If the court determines that the offender is not	1266
conducive to treatment in the program, if the offender refuses to	1267
attend the program, or if the place of imprisonment can provide a	1268
drivers' intervention program, a term of imprisonment of at least	1269
six consecutive days.	1270

(b) In addition, the court shall impose upon the offender a	1271
fine of not less than two hundred fifty and not more than one	1272
thousand dollars.	1273

The court may require the offender, as a condition of	1274
probation, to attend and satisfactorily complete any treatment or	1275
education programs that comply with the minimum standards adopted	1276
pursuant to Chapter 3793. of the Revised Code by the director of	1277
alcohol and drug addiction services, in addition to the required	1278
attendance at a drivers' intervention program, that the operators	1279
of the drivers' intervention program determine that the offender	1280
should attend and to report periodically to the court on the	1281
offender's progress in the programs. The court also may impose	1282
any other conditions of probation on the offender that it	1283
considers necessary.	1284

Of the fine imposed pursuant to this division, twenty-five	1285
dollars shall be paid to an enforcement and education fund	1286
established by the legislative authority of the law enforcement	1287
agency in this state that primarily was responsible for the arrest	1288
of the offender, as determined by the court that imposes the fine.	1289
The agency shall use this share to pay only those costs it incurs	1290
in enforcing section 4511.19 of the Revised Code or a	1291
substantially similar municipal ordinance and in informing the	1292
public of the laws governing the operation of a motor vehicle	1293
while under the influence of alcohol, the dangers of operating a	1294
motor vehicle while under the influence of alcohol, and other	1295
information relating to the operation of a motor vehicle and the	1296
consumption of alcoholic beverages. Fifty dollars of the fine	1297
imposed pursuant to this division shall be paid to the political	1298
subdivision that pays the cost of housing the offender during the	1299
offender's term of incarceration to the credit of the fund that	1300
pays the cost of the incarceration. The political subdivision	1301
shall use this share to pay or reimburse incarceration or	1302
treatment costs it incurs in housing or providing drug and alcohol	1303
treatment to persons who violate section 4511.19 of the Revised	1304
Code or a substantially similar municipal ordinance and to pay for	1305
ignition interlock devices and electronic house arrest equipment	1306
for persons who violate that section. Twenty-five dollars of the	1307
fine imposed pursuant to this division shall be deposited into the	1308
county indigent drivers alcohol treatment fund or municipal	1309
indigent drivers alcohol treatment fund under the control of that	1310
court, as created by the county or municipal corporation pursuant	1311
to division (N) of section 4511.191 of the Revised Code. The	1312
balance of the fine shall be disbursed as otherwise provided by	1313
law.	1314

(6)(a) Except as otherwise provided in division (A)(8) of	1315
this section and except as provided in this division, if, within	1316
six years of the offense, the offender has been convicted of or	1317
pleaded guilty to one violation of division (A) or (B) of section	1318
4511.19 of the Revised Code, a municipal ordinance relating to	1319
operating a vehicle while under the influence of alcohol, a drug	1320
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1321
relating to operating a vehicle with a prohibited concentration of	1322
alcohol in the blood, breath, or urine, section 2903.04 of the	1323
Revised Code in a case in which the offender was subject to the	1324
sanctions described in division (D) of that section, section	1325
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1326
ordinance that is substantially similar to section 2903.07 of the	1327
Revised Code in a case in which the jury or judge found that the	1328
offender was under the influence of alcohol, a drug of abuse, or	1329
alcohol and a drug of abuse, or a statute of the United States or	1330
of any other state or a municipal ordinance of a municipal	1331
corporation located in any other state that is substantially	1332
similar to division (A) or (B) of section 4511.19 of the Revised	1333
Code, the offender is guilty of a misdemeanor of the first degree,	1334
and the court shall sentence the offender to a term of	1335
imprisonment of twenty consecutive days and may sentence the	1336
offender pursuant to section 2929.21 of the Revised Code to a	1337
longer term of imprisonment. As an alternative to the term of	1338
imprisonment required to be imposed by this division, but subject	1339
to division (A)(12) of this section, the court may impose upon the	1340
offender a sentence consisting of both a term of imprisonment of	1341
ten consecutive days and not less than thirty-six consecutive days	1342
of electronically monitored house arrest as defined in division	1343
(A) of section 2929.23 of the Revised Code. The ten consecutive	1344
days of imprisonment and the period of electronically monitored	1345
house arrest shall not exceed six months. The ten consecutive	1346
days of imprisonment do not have to be served prior to or	1347
consecutively with the period of electronically monitored house	1348
arrest.	1349

In addition, the court shall impose upon the offender a fine	1350
of not less than three hundred fifty and not more than one	1351
thousand five hundred dollars.	1352

In addition to any other sentence that it imposes upon the	1353
offender, the court may require the offender to attend a drivers'	1354
intervention program that is certified pursuant to section 3793.10	1355
of the Revised Code. If the officials of the drivers'	1356
intervention program determine that the offender is alcohol	1357
dependent, they shall notify the court, and the court shall order	1358
the offender to obtain treatment through an alcohol and drug	1359
addiction program authorized by section 3793.02 of the Revised	1360
Code. The offender shall pay the cost of the treatment.	1361

Of the fine imposed pursuant to this division, thirty-five	1362
dollars shall be paid to an enforcement and education fund	1363
established by the legislative authority of the law enforcement	1364
agency in this state that primarily was responsible for the arrest	1365
of the offender, as determined by the court that imposes the fine.	1366
The agency shall use this share to pay only those costs it incurs	1367
in enforcing section 4511.19 of the Revised Code or a	1368
substantially similar municipal ordinance and in informing the	1369
public of the laws governing the operation of a motor vehicle	1370
while under the influence of alcohol, the dangers of operating a	1371
motor vehicle while under the influence of alcohol, and other	1372
information relating to the operation of a motor vehicle and the	1373
consumption of alcoholic beverages. One hundred fifteen dollars	1374
of the fine imposed pursuant to this division shall be paid to the	1375
political subdivision that pays the cost of housing the offender	1376
during the offender's term of incarceration. The political	1377
subdivision shall use this share to pay or reimburse incarceration	1378
or treatment costs it incurs in housing or providing drug and	1379
alcohol treatment to persons who violate section 4511.19 of the	1380
Revised Code or a substantially similar municipal ordinance and to	1381
pay for ignition interlock devices and electronic house arrest	1382
equipment for persons who violate that section, and this share	1383
shall be paid to the credit of the fund that pays the cost of the	1384
incarceration. Fifty dollars of the fine imposed pursuant to this	1385
division shall be deposited into the county indigent drivers	1386
alcohol treatment fund or municipal indigent drivers alcohol	1387
treatment fund under the control of that court, as created by the	1388
county or municipal corporation pursuant to division (N) of	1389
section 4511.191 of the Revised Code. The balance of the fine	1390
shall be disbursed as otherwise provided by law.	1391

(b) Regardless of whether the vehicle the offender was	1392
operating at the time of the offense is registered in the	1393
offender's name or in the name of another person, the court, in	1394
addition to the penalties imposed under division (A)(6)(a) of this	1395
section and all other penalties provided by law and subject to	1396
section 4503.235 of the Revised Code, shall order the	1397
immobilization for ninety days of the vehicle the offender was	1398
operating at the time of the offense and the impoundment for	1399
ninety days of the identification license plates of that vehicle.	1400
The order for the immobilization and impoundment shall be issued	1401
and enforced in accordance with section 4503.233 of the Revised	1402
Code.	1403

(7)(a) Except as otherwise provided in division (A)(8) of	1404
this section and except as provided in this division, if, within	1405
six years of the offense, the offender has been convicted of or	1406
pleaded guilty to two violations of division (A) or (B) of section	1407
4511.19 of the Revised Code, a municipal ordinance relating to	1408
operating a vehicle while under the influence of alcohol, a drug	1409
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1410
relating to operating a vehicle with a prohibited concentration of	1411
alcohol in the blood, breath, or urine, section 2903.04 of the	1412
Revised Code in a case in which the offender was subject to the	1413
sanctions described in division (D) of that section, section	1414
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1415
ordinance that is substantially similar to section 2903.07 of the	1416
Revised Code in a case in which the jury or judge found that the	1417
offender was under the influence of alcohol, a drug of abuse, or	1418
alcohol and a drug of abuse, or a statute of the United States or	1419
of any other state or a municipal ordinance of a municipal	1420
corporation located in any other state that is substantially	1421
similar to division (A) or (B) of section 4511.19 of the Revised	1422
Code, the court shall sentence the offender to a term of	1423
imprisonment of sixty consecutive days and may sentence the	1424
offender to a longer definite term of imprisonment of not more	1425
than one year. As an alternative to the term of imprisonment	1426
required to be imposed by this division, but subject to division	1427
(A)(12) of this section, the court may impose upon the offender a	1428
sentence consisting of both a term of imprisonment of thirty	1429
consecutive days and not less than one hundred ten consecutive	1430
days of electronically monitored house arrest as defined in	1431
division (A) of section 2929.23 of the Revised Code. The thirty	1432
consecutive days of imprisonment and the period of electronically	1433
monitored house arrest shall not exceed one year. The thirty	1434
consecutive days of imprisonment do not have to be served prior to	1435
or consecutively with the period of electronically monitored house	1436
arrest.	1437

In addition, the court shall impose upon the offender a fine	1438
of not less than five hundred fifty and not more than two thousand	1439
five hundred dollars.	1440

In addition to any other sentence that it imposes upon the	1441
offender, the court shall require the offender to attend an	1442
alcohol and drug addiction program authorized by section 3793.02	1443
of the Revised Code. The offender shall pay the cost of the	1444
treatment. If the court determines that the offender is unable to	1445
pay the cost of attendance at the treatment program, the court may	1446
order that payment of the cost of the offender's attendance at the	1447
treatment program be made from that court's indigent drivers	1448
alcohol treatment fund.	1449

Of the fine imposed pursuant to this division, one hundred	1450
twenty-three dollars shall be paid to an enforcement and education	1451
fund established by the legislative authority of the law	1452
enforcement agency in this state that primarily was responsible	1453
for the arrest of the offender, as determined by the court that	1454
imposes the fine. The agency shall use this share to pay only	1455
those costs it incurs in enforcing section 4511.19 of the Revised	1456
Code or a substantially similar municipal ordinance and in	1457
informing the public of the laws governing the operation of a	1458
motor vehicle while under the influence of alcohol, the dangers of	1459
operating a motor vehicle while under the influence of alcohol,	1460
and other information relating to the operation of a motor vehicle	1461
and the consumption of alcoholic beverages. Two hundred	1462
seventy-seven dollars of the fine imposed pursuant to this	1463
division shall be paid to the political subdivision that pays the	1464
cost of housing the offender during the offender's term of	1465
incarceration. The political subdivision shall use this share to	1466
pay or reimburse incarceration or treatment costs it incurs in	1467
housing or providing drug and alcohol treatment to persons who	1468
violate section 4511.19 of the Revised Code or a substantially	1469
similar municipal ordinance and to pay for ignition interlock	1470
devices and electronic house arrest equipment for persons who	1471
violate that section, and this share shall be paid to the credit	1472
of the fund that pays the cost of incarceration. The balance of	1473
the fine shall be disbursed as otherwise provided by law.	1474

(b) Regardless of whether the vehicle the offender was	1475
operating at the time of the offense is registered in the	1476
offender's name or in the name of another person, the court, in	1477
addition to the penalties imposed under division (A)(7)(a) of this	1478
section and all other penalties provided by law and subject to	1479
section 4503.235 of the Revised Code, shall order the	1480
immobilization for one hundred eighty days of the vehicle the	1481
offender was operating at the time of the offense and the	1482
impoundment for one hundred eighty days of the identification	1483
license plates of that vehicle. The order for the immobilization	1484
and impoundment shall be issued and enforced in accordance with	1485
section 4503.233 of the Revised Code.	1486

(8)(a)(i) If, within six years of the offense, the offender	1487
has been convicted of or pleaded guilty to three or more	1488
violations of division (A) or (B) of section 4511.19 of the	1489
Revised Code, a municipal ordinance relating to operating a	1490
vehicle while under the influence of alcohol, a drug of abuse, or	1491
alcohol and a drug of abuse, a municipal ordinance relating to	1492
operating a vehicle with a prohibited concentration of alcohol in	1493
the blood, breath, or urine, section 2903.04 of the Revised Code	1494
in a case in which the offender was subject to the sanctions	1495
described in division (D) of that section, section 2903.06,	1496
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	1497
that is substantially similar to section 2903.07 of the Revised	1498
Code in a case in which the jury or judge found that the offender	1499
was under the influence of alcohol, a drug of abuse, or alcohol	1500
and a drug of abuse, or a statute of the United States or of any	1501
other state or a municipal ordinance of a municipal corporation	1502
located in any other state that is substantially similar to	1503
division (A) or (B) of section 4511.19 of the Revised Code, and if	1504
sentence is not required to be imposed under division	1505
(A)(8)(a)(ii) of this section, the offender is guilty of a felony	1506
of the fourth degree and, notwithstanding division (A)(4) of	1507
section 2929.14 of the Revised Code, may be sentenced to a	1508
definite prison term that shall be not less than six months and	1509
not more than thirty months. The court shall sentence the	1510
offender in accordance with sections 2929.11 to 2929.19 of the	1511
Revised Code and shall impose as part of the sentence either a	1512
mandatory term of local incarceration of one hundred twenty	1513
consecutive days of imprisonment in accordance with division	1514
(G)(1) of section 2929.13 of the Revised Code or a mandatory	1515
prison term of one hundred twenty consecutive days of imprisonment	1516
in accordance with division (G)(2) of that section. If the court	1517
requires the offender to serve a mandatory term of local	1518
incarceration of one hundred twenty consecutive days of	1519
imprisonment in accordance with division (G)(1) of section 2929.13	1520
of the Revised Code, the court, pursuant to section 2929.17 of the	1521
Revised Code, may impose upon the offender a sentence that	1522
includes a term of electronically monitored house arrest, provided	1523
that the term of electronically monitored house arrest shall not	1524
commence until after the offender has served the mandatory term of	1525
local incarceration.	1526

(ii) If the offender previously has been convicted of or	1527
pleaded guilty to a violation of division (A) of section 4511.19	1528
of the Revised Code under circumstances in which the violation was	1529
a felony, regardless of when the prior violation and the prior	1530
conviction or guilty plea occurred, the offender is guilty of a	1531
felony of the third degree. The court shall sentence the offender	1532
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1533
and shall impose as part of the sentence a mandatory prison term	1534
of one hundred twenty consecutive days of imprisonment in	1535
accordance with division (G)(2) of section 2929.13 of the Revised	1536
Code.	1537

(iii) In addition to all other sanctions imposed on an	1538
offender under division (A)(8)(a)(i) or (ii) of this section, the	1539
court shall impose upon the offender, pursuant to section 2929.18	1540
of the Revised Code, a fine of not less than eight hundred nor	1541
more than ten thousand dollars.	1542

In addition to any other sanction that it imposes upon the	1543
offender under division (A)(8)(a)(i) or (ii) of this section, the	1544
court shall require the offender to attend an alcohol and drug	1545
addiction program authorized by section 3793.02 of the Revised	1546
Code. The cost of the treatment shall be paid by the offender. If	1547
the court determines that the offender is unable to pay the cost	1548
of attendance at the treatment program, the court may order that	1549
payment of the cost of the offender's attendance at the treatment	1550
program be made from the court's indigent drivers alcohol	1551
treatment fund.	1552

Of the fine imposed pursuant to this division, two hundred	1553
ten dollars shall be paid to an enforcement and education fund	1554
established by the legislative authority of the law enforcement	1555
agency in this state that primarily was responsible for the arrest	1556
of the offender, as determined by the court that imposes the fine.	1557
The agency shall use this share to pay only those costs it incurs	1558
in enforcing section 4511.19 of the Revised Code or a	1559
substantially similar municipal ordinance and in informing the	1560
public of the laws governing operation of a motor vehicle while	1561
under the influence of alcohol, the dangers of operation of a	1562
motor vehicle while under the influence of alcohol, and other	1563
information relating to the operation of a motor vehicle and the	1564
consumption of alcoholic beverages. Four hundred forty dollars of	1565
the fine imposed pursuant to this division shall be paid to the	1566
political subdivision that pays the cost of housing the offender	1567
during the offender's term of incarceration. The political	1568
subdivision shall use this share to pay or reimburse incarceration	1569
or treatment costs it incurs in housing or providing drug and	1570
alcohol treatment to persons who violate section 4511.19 of the	1571
Revised Code or a substantially similar municipal ordinance and to	1572
pay for ignition interlock devices and electronic house arrest	1573
equipment for persons who violate that section, and this share	1574
shall be paid to the credit of the fund that pays the cost of	1575
incarceration. The balance of the fine shall be disbursed as	1576
otherwise provided by law.	1577

(b) Regardless of whether the vehicle the offender was	1578
operating at the time of the offense is registered in the	1579
offender's name or in the name of another person, the court, in	1580
addition to the sanctions imposed under division (A)(8)(a) of this	1581
section and all other sanctions provided by law and subject to	1582
section 4503.235 of the Revised Code, shall order the criminal	1583
forfeiture to the state of the vehicle the offender was operating	1584
at the time of the offense. The order of criminal forfeiture	1585
shall be issued and enforced in accordance with section 4503.234	1586
of the Revised Code.	1587

(c) As used in division (A)(8)(a) of this section,	1588
"mandatory prison term" and "mandatory term of local	1589
incarceration" have the same meanings as in section 2929.01 of the	1590
Revised Code.	1591

(d) If title to a motor vehicle that is subject to an order	1592
for criminal forfeiture under this section is assigned or	1593
transferred and division (C)(2) or (3) of section 4503.234 of the	1594
Revised Code applies, in addition to or independent of any other	1595
penalty established by law, the court may fine the offender the	1596
value of the vehicle as determined by publications of the national	1597
auto dealer's association. The proceeds from any fine imposed	1598
under this division shall be distributed in accordance with	1599
division (D)(4) of section 4503.234 of the Revised Code.	1600

(9)(a) Except as provided in division (A)(9)(b) of this	1601
section, upon a showing that imprisonment would seriously affect	1602
the ability of an offender sentenced pursuant to division (A)(1),	1603
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	1604
the offender's employment, the court may authorize that the	1605
offender be granted work release from imprisonment after the	1606
offender has served the three, six, ten, twenty, thirty, or sixty	1607
consecutive days of imprisonment or the mandatory term of local	1608
incarceration of sixty or one hundred twenty consecutive days that	1609
the court is required by division (A)(1), (2), (3), (4), (5), (6),	1610
(7), or (8) of this section to impose. No court shall authorize	1611
work release from imprisonment during the three, six, ten, twenty,	1612
thirty, or sixty consecutive days of imprisonment or the mandatory	1613
term of local incarceration or mandatory prison term of sixty or	1614
one hundred twenty consecutive days that the court is required by	1615
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	1616
section to impose. The duration of the work release shall not	1617
exceed the time necessary each day for the offender to commute to	1618
and from the place of employment and the place of imprisonment and	1619
the time actually spent under employment.	1620

(b) An offender who is sentenced pursuant to division	1621
(A)(2), (3), (6), or (7) of this section to a term of imprisonment	1622
followed by a period of electronically monitored house arrest is	1623
not eligible for work release from imprisonment, but that person	1624
shall be permitted work release during the period of	1625
electronically monitored house arrest. The duration of the work	1626
release shall not exceed the time necessary each day for the	1627
offender to commute to and from the place of employment and the	1628
offender's home or other place specified by the sentencing court	1629
and the time actually spent under employment.	1630

(10) Notwithstanding any section of the Revised Code that	1631
authorizes the suspension of the imposition or execution of a	1632
sentence, the placement of an offender in any treatment program in	1633
lieu of imprisonment, or the use of a community control sanction	1634
for an offender convicted of a felony, no court shall suspend the	1635
ten, twenty, thirty, or sixty consecutive days of imprisonment	1636
required to be imposed on an offender by division (A)(2), (3),	1637
(6), or (7) of this section, no court shall place an offender who	1638
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	1639
(8) of this section in any treatment program in lieu of	1640
imprisonment until after the offender has served the ten, twenty,	1641
thirty, or sixty consecutive days of imprisonment or the mandatory	1642
term of local incarceration or mandatory prison term of sixty or	1643
one hundred twenty consecutive days required to be imposed	1644
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	1645
section, no court that sentences an offender under division (A)(4)	1646
or (8) of this section shall impose any sanction other than a	1647
mandatory term of local incarceration or mandatory prison term to	1648
apply to the offender until after the offender has served the	1649
mandatory term of local incarceration or mandatory prison term of	1650
sixty or one hundred twenty consecutive days required to be	1651
imposed pursuant to division (A)(4) or (8) of this section, and no	1652
court that imposes a sentence of imprisonment and a period of	1653
electronically monitored house arrest upon an offender under	1654
division (A)(2), (3), (6), or (7) of this section shall suspend	1655
any portion of the sentence or place the offender in any treatment	1656
program in lieu of imprisonment or electronically monitored house	1657
arrest. Notwithstanding any section of the Revised Code that	1658
authorizes the suspension of the imposition or execution of a	1659
sentence or the placement of an offender in any treatment program	1660
in lieu of imprisonment, no court, except as specifically	1661
authorized by division (A)(1) or (5) of this section, shall	1662
suspend the three or more consecutive days of imprisonment	1663
required to be imposed by division (A)(1) or (5) of this section	1664
or place an offender who is sentenced pursuant to division (A)(1)	1665
or (5) of this section in any treatment program in lieu of	1666
imprisonment until after the offender has served the three or more	1667
consecutive days of imprisonment required to be imposed pursuant	1668
to division (A)(1) or (5) of this section.	1669

(11) No court shall sentence an offender to an alcohol	1670
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	1671
(6), (7), or (8) of this section unless the treatment program	1672
complies with the minimum standards adopted pursuant to Chapter	1673
3793. of the Revised Code by the director of alcohol and drug	1674
addiction services.	1675

(12) No court shall impose the alternative sentence of a	1676
term of imprisonment plus a term of electronically monitored house	1677
arrest permitted to be imposed by division (A)(2), (3), (6), or	1678
(7) of this section, unless within sixty days of the date of	1679
sentencing, the court issues a written finding, entered into the	1680
record, that due to the unavailability of space at the	1681
incarceration facility where the offender is required to serve the	1682
term of imprisonment imposed upon the offender, the offender will	1683
not be able to commence serving the term of imprisonment within	1684
the sixty-day period following the date of sentencing. If the	1685
court issues such a written finding, the court may impose the	1686
alternative sentence comprised of a term of imprisonment and a	1687
term of electronically monitored house arrest permitted to be	1688
imposed by division (A)(2), (3), (6), or (7) of this section.	1689

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	1690
of the Revised Code is guilty of a misdemeanor of the first	1691
degree. The court, in addition to or independent of all other	1692
penalties provided by law, may suspend for a period not to exceed	1693
one year the driver's or commercial driver's license or permit or	1694
nonresident operating privilege of any person who pleads guilty to	1695
or is convicted of a violation of section 4511.192 of the Revised	1696
Code.	1697

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	1698
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	1699
guilty of one of the following:	1700

(1) Except as otherwise provided in division (C)(2) of this	1701
section, a minor misdemeanor.	1702

(2) If the offender previously has been convicted of or	1703
pleaded guilty to one or more violations of section 4511.63,	1704
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	1705
Revised Code or a municipal ordinance that is substantially	1706
similar to any of those sections, a misdemeanor of the fourth	1707
degree.	1708

(D)(1) Whoever violates any provision of sections 4511.01 to	1709
4511.76 or section 4511.84 of the Revised Code, for which no	1710
penalty otherwise is provided in this section is guilty of one of	1711
the following:	1712

(a) Except as otherwise provided in division (D)(1)(b),	1713
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	1714

(b) If, within one year of the offense, the offender	1715
previously has been convicted of or pleaded guilty to one	1716
violation of any provision of sections 4511.01 to 4511.76 or	1717
section 4511.84 of the Revised Code for which no penalty otherwise	1718
is provided in this section or a municipal ordinance that is	1719
substantially similar to any provision of sections 4511.01 to	1720
4511.76 or section 4511.84 of the Revised Code for which no	1721
penalty otherwise is provided in this section, a misdemeanor of	1722
the fourth degree;	1723

(c) If, within one year of the offense, the offender	1724
previously has been convicted of or pleaded guilty to two or more	1725
violations of any provision described in division (D)(1)(b) of	1726
this section or any municipal ordinance that is substantially	1727
similar to any of those provisions, a misdemeanor of the third	1728
degree.	1729

(2) When any person is found guilty of a first offense for a	1730
violation of section 4511.21 of the Revised Code upon a finding	1731
that the person operated a motor vehicle faster than thirty-five	1732
miles an hour in a business district of a municipal corporation,	1733
or faster than fifty miles an hour in other portions, or faster	1734
than thirty-five miles an hour while passing through a school zone	1735
during recess or while children are going to or leaving school	1736
during the opening or closing hours, the person is guilty of a	1737
misdemeanor of the fourth degree.	1738

(3) Notwithstanding section 2929.21 of the Revised Code,	1739
upon a finding that such person operated a motor vehicle in a	1740
construction zone where a sign was then posted in accordance with	1741
section 4511.98 of the Revised Code, the court, in addition to all	1742
other penalties provided by law, shall impose a fine of two times	1743
the usual amount imposed for the violation. No court shall impose	1744
a fine of two times the usual amount imposed for the violation	1745
upon an offender who alleges, in an affidavit filed with the court	1746
prior to the offender's sentencing, that the offender is indigent	1747
and is unable to pay the fine imposed pursuant to this division,	1748
provided the court determines the offender is an indigent person	1749
and is unable to pay the fine.	1750

(4) Notwithstanding section 2929.21 of the Revised Code,	1751
upon a finding that a person operated a motor vehicle in violation	1752
of division (C) of section 4511.213 of the Revised Code, the	1753
court, in addition to all other penalties provided by law, shall	1754
impose a fine of two times the usual amount imposed for the	1755
violation.	1756

(E) Whenever a person is found guilty in a court of record	1757
of a violation of section 4511.761, 4511.762, or 4511.77 of the	1758
Revised Code, the trial judge, in addition to or independent of	1759
all other penalties provided by law, may suspend for any period of	1760
time not exceeding three years, or revoke the license of any	1761
person, partnership, association, or corporation, issued under	1762
section 4511.763 of the Revised Code.	1763

(F) Whoever violates division (E) or (F) of section 4511.51,	1764
division (A), (D), or (E) of section 4511.521, section 4511.681,	1765
division (A) or (C) of section 4511.69, section 4511.772, or	1766
division (A) or (B) of section 4511.82 of the Revised Code is	1767
guilty of a minor misdemeanor.	1768

(G) Whoever violates division (A) of section 4511.75 of the	1769
Revised Code may be fined an amount not to exceed five hundred	1770
dollars. A person who is issued a citation for a violation of	1771
division (A) of section 4511.75 of the Revised Code is not	1772
permitted to enter a written plea of guilty and waive the person's	1773
right to contest the citation in a trial, but instead must appear	1774
in person in the proper court to answer the charge.	1775

(H)(1) Whoever is a resident of this state and violates	1776
division (A) or (B) of section 4511.81 of the Revised Code shall	1777
be punished as follows:	1778

(a) Except as otherwise provided in division (H)(1)(b) of	1779
this section, the offender is guilty of a minor misdemeanor.	1780

(b) If the offender previously has been convicted of or	1781
pleaded guilty to a violation of division (A) or (B) of section	1782
4511.81 of the Revised Code or of a municipal ordinance that is	1783
substantially similar to either of those divisions, the offender	1784
is guilty of a misdemeanor of the fourth degree.	1785

(2) Whoever is not a resident of this state, violates	1786
division (A) or (B) of section 4511.81 of the Revised Code, and	1787
fails to prove by a preponderance of the evidence that the	1788
offender's use or nonuse of a child restraint system was in	1789
accordance with the law of the state of which the offender is a	1790
resident is guilty of a minor misdemeanor on a first offense; on a	1791
second or subsequent offense, that person is guilty of a	1792
misdemeanor of the fourth degree.	1793

(3) All fines imposed pursuant to division (H)(1) or (2) of	1794
this section shall be forwarded to the treasurer of state for	1795
deposit in the "child highway safety fund" created by division (G)	1796
of section 4511.81 of the Revised Code.	1797

(I) Whoever violates section 4511.202 of the Revised Code is	1798
guilty of operating a motor vehicle without being in control of	1799
it, a minor misdemeanor.	1800

(J) Whoever violates division (B) of section 4511.74,	1801
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	1802
section 4511.83 of the Revised Code is guilty of a misdemeanor of	1803
the first degree.	1804

(K) Except as otherwise provided in this division, whoever	1805
violates division (E) of section 4511.11, division (A) or (C) of	1806
section 4511.17, or section 4511.18 of the Revised Code is guilty	1807
of a misdemeanor of the third degree. If a violation of division	1808
(A) or (C) of section 4511.17 of the Revised Code creates a risk	1809
of physical harm to any person, the offender is guilty of a	1810
misdemeanor of the first degree. A violation of division (A) or	1811
(C) of section 4511.17 of the Revised Code that causes serious	1812
physical harm to property that is owned, leased, or controlled by	1813
a state or local authority is a felony of the fifth degree.	1814

(L) Whoever violates division (H) of section 4511.69 of the	1815
Revised Code shall be punished as follows:	1816

(1) Except as otherwise provided in division (L)(2) of this	1817
section, the offender shall be issued a warning.	1818

(2) If the offender previously has been convicted of or	1819
pleaded guilty to a violation of division (H) of section 4511.69	1820
of the Revised Code or of a municipal ordinance that is	1821
substantially similar to that division, the offender shall not be	1822
issued a warning but shall be fined twenty-five dollars for each	1823
parking location that is not properly marked or whose markings are	1824
not properly maintained.	1825

(M) Whoever violates division (A)(1) or (2) of section	1826
4511.45 of the Revised Code is guilty of a misdemeanor of the	1827
fourth degree on a first offense; on a second offense within one	1828
year after the first offense, the person is guilty of a	1829
misdemeanor of the third degree; and on each subsequent offense	1830
within one year after the first offense, the person is guilty of a	1831
misdemeanor of the second degree.	1832

(N)(1) Whoever violates division (B) of section 4511.19 of	1833
the Revised Code is guilty of operating a motor vehicle after	1834
under-age alcohol consumption and shall be punished as follows:	1835

(a) Except as otherwise provided in division (N)(1)(b) of	1836
this section, the offender is guilty of a misdemeanor of the	1837
fourth degree.	1838

(b) The offender is guilty of a misdemeanor of the third	1839
degree if, within one year of the offense, the offender has been	1840
convicted of or pleaded guilty to any violation of the following:	1841

(i) Division (A) or (B) of section 4511.19 of the Revised	1842
Code;	1843

(ii) A municipal ordinance relating to operating a vehicle	1844
while under the influence of alcohol, a drug of abuse, or alcohol	1845
and a drug of abuse;	1846

(iii) A municipal ordinance relating to operating a vehicle	1847
with a prohibited concentration of alcohol in the blood, breath,	1848
or urine;	1849

(iv) Section 2903.04 of the Revised Code in a case in which	1850
the offender was subject to the sanctions described in division	1851
(D) of that section;	1852

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1853
section 2903.08 of the Revised Code or a municipal ordinance that	1854
is substantially similar to either of those divisions;	1855

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	1856
division (A)(2) of section 2903.08 of the Revised Code or a	1857
municipal ordinance that is substantially similar to any of those	1858
divisions, or former section 2903.07 of the Revised Code or a	1859
substantially similar municipal ordinance, in a case in which the	1860
jury or judge found that the offender was under the influence of	1861
alcohol, a drug of abuse, or alcohol and a drug of abuse;	1862

(vii) A statute of the United States or of any other state	1863
or a municipal ordinance of a municipal corporation located in any	1864
other state that is substantially similar to division (A) or (B)	1865
of section 4511.19 of the Revised Code.	1866

(2) In addition to or independent of all other penalties	1867
provided by law, the offender's driver's or commercial driver's	1868
license or permit or nonresident operating privilege shall be	1869
suspended in accordance with, and for the period of time specified	1870
in, division (E) of section 4507.16 of the Revised Code.	1871

(O) Whoever violates section 4511.62 of the Revised Code is	1872
guilty of a misdemeanor of the fourth degree.	1873

(P) Whoever violates division (F)(1)(a) or (b) of section	1874
4511.69 of the Revised Code is guilty of a misdemeanor and shall	1875
be fined not less than two hundred fifty nor more than five	1876
hundred dollars, but in no case shall an offender be sentenced to	1877
any term of imprisonment.	1878

Arrest or conviction for a violation of division (F)(1)(a) or	1879
(b) of section 4511.69 of the Revised Code does not constitute a	1880
criminal record and need not be reported by the person so arrested	1881
or convicted in response to any inquiries contained in any	1882
application for employment, license, or other right or privilege,	1883
or made in connection with the person's appearance as a witness.	1884

Every fine collected under this division shall be paid by the	1885
clerk of the court to the political subdivision in which the	1886
violation occurred. Except as provided in this division, the	1887
political subdivision shall use the fine moneys it receives under	1888
this division to pay the expenses it incurs in complying with the	1889
signage and notice requirements contained in division (E) of	1890
section 4511.69 of the Revised Code. The political subdivision	1891
may use up to fifty per cent of each fine it receives under this	1892
division to pay the costs of educational, advocacy, support, and	1893
assistive technology programs for persons with disabilities, and	1894
for public improvements within the political subdivision that	1895
benefit or assist persons with disabilities, if governmental	1896
agencies or nonprofit organizations offer the programs.	1897

(Q)(1) Whoever violates division (B) or (C) of section	1898
4511.512 of the Revised Code is guilty of a minor misdemeanor and	1899
shall be punished as follows:	1900

(a) The offender shall be fined ten dollars.

1901

(b) If the offender previously has been convicted of or	1902
pleaded guilty to a violation of division (B) or (C) of section	1903
4511.512 of the Revised Code or a substantially similar municipal	1904
ordinance, the court, in addition to imposing the fine required	1905
under division (Q)(1)(a) of this section, shall do one of the	1906
following:	1907

(i) Order the impoundment for not less than one day but not	1908
more than thirty days of the electric personal assistive mobility	1909
device that was involved in the current violation of that	1910
division. The court shall order the device to be impounded at a	1911
safe indoor location designated by the court and may assess	1912
storage fees of not more than five dollars per day, provided the	1913
total storage, processing, and release fees assessed against the	1914
offender or the device in connection with the device's impoundment	1915
or subsequent release shall not exceed fifty dollars.	1916

(ii) If the court does not issue an impoundment order	1917
pursuant to division (Q)(1)(b)(i) of this section, issue an order	1918
prohibiting the offender from operating any electric personal	1919
assistive mobility device on the public streets, highways,	1920
sidewalks, and paths and portions of roadways set aside for the	1921
exclusive use of bicycles for not less than one day but not more	1922
than thirty days.	1923

(2) Whoever violates division (D) of section 4511.512 of	1924
the Revised Code is guilty of a minor misdemeanor.	1925

Section 2. That existing sections 1309.109, 4501.01, 4509.01,	1926
4511.01, and 4511.99 of the Revised Code are hereby repealed.	1927