As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 62


Senator Miller, R. 

Cosponsors: Senators Smith, Goodman 


A BILL
To amend section 4511.21 of the Revised Code to 1
double the fine for a speeding violation that 2
occurs in a school zone during restricted hours.3


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

       Section 1.  That section 4511.21 of the Revised Code be 4
amended to read as follows:5

       Sec. 4511.21.  (A) No person shall operate a motor vehicle,6
trackless trolley, or streetcar at a speed greater or less than is7
reasonable or proper, having due regard to the traffic, surface,8
and width of the street or highway and any other conditions, and9
no person shall drive any motor vehicle, trackless trolley, or10
streetcar in and upon any street or highway at a greater speed11
than will permit the person to bring it to a stop within the12
assured clear distance ahead.13

       (B) It is prima-facie lawful, in the absence of a lower limit 14
declared pursuant to this section by the director of15
transportation or local authorities, for the operator of a motor16
vehicle, trackless trolley, or streetcar to operate the same at a17
speed not exceeding the following:18

       (1)(a) Twenty miles per hour in school zones during school19
recess and while children are going to or leaving school during20
the opening or closing hours, and when twenty miles per hour21
school speed limit signs are erected; except that, on22
controlled-access highways and expressways, if the right-of-way23
line fence has been erected without pedestrian opening, the speed24
shall be governed by division (B)(4) of this section and on25
freeways, if the right-of-way line fence has been erected without26
pedestrian opening, the speed shall be governed by divisions27
(B)(9) and (10) of this section. The end of every school zone may28
be marked by a sign indicating the end of the zone. Nothing in29
this section or in the manual and specifications for a uniform30
system of traffic control devices shall be construed to require31
school zones to be indicated by signs equipped with flashing or32
other lights, or giving other special notice of the hours in which33
the school zone speed limit is in effect.34

       (b) As used in this section and in section 4511.212 of the35
Revised Code, "school" means any school chartered under section36
3301.16 of the Revised Code and any nonchartered school that37
during the preceding year filed with the department of education38
in compliance with rule 3301-35-08 of the Ohio Administrative39
Code, a copy of the school's report for the parents of the40
school's pupils certifying that the school meets Ohio minimum41
standards for nonchartered, nontax-supported schools and presents42
evidence of this filing to the jurisdiction from which it is43
requesting the establishment of a school zone.44

       (c) As used in this section, "school zone" means that portion 45
of a street or highway passing a school fronting upon the street 46
or highway that is encompassed by projecting the school property 47
lines to the fronting street or highway, and also includes that 48
portion of a state highway. Upon request from local authorities 49
for streets and highways under their jurisdiction and that portion 50
of a state highway under the jurisdiction of the director of 51
transportation, the director may extend the traditional school 52
zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), 53
and (iii) of this section shall not exceed three hundred feet per 54
approach per direction and are bounded by whichever of the 55
following distances or combinations thereof the director approves 56
as most appropriate:57

       (i) The distance encompassed by projecting the school58
building lines normal to the fronting highway and extending a59
distance of three hundred feet on each approach direction;60

       (ii) The distance encompassed by projecting the school61
property lines intersecting the fronting highway and extending a62
distance of three hundred feet on each approach direction;63

       (iii) The distance encompassed by the special marking of the64
pavement for a principal school pupil crosswalk plus a distance of65
three hundred feet on each approach direction of the highway.66

       Nothing in this section shall be construed to invalidate the67
director's initial action on August 9, 1976, establishing all68
school zones at the traditional school zone boundaries defined by69
projecting school property lines, except when those boundaries are70
extended as provided in divisions (B)(1)(a) and (c) of this71
section.72

       (d) As used in this division, "crosswalk" has the meaning73
given that term in division (LL)(2) of section 4511.01 of the74
Revised Code.75

       The director may, upon request by resolution of the76
legislative authority of a municipal corporation, the board of77
trustees of a township, or a county board of mental retardation78
and developmental disabilities created pursuant to Chapter 5126.79
of the Revised Code, and upon submission by the municipal80
corporation, township, or county board of such engineering,81
traffic, and other information as the director considers82
necessary, designate a school zone on any portion of a state route83
lying within the municipal corporation, lying within the84
unincorporated territory of the township, or lying adjacent to the85
property of a school that is operated by such county board, that86
includes a crosswalk customarily used by children going to or87
leaving a school during recess and opening and closing hours,88
whenever the distance, as measured in a straight line, from the89
school property line nearest the crosswalk to the nearest point of90
the crosswalk is no more than one thousand three hundred twenty91
feet. Such a school zone shall include the distance encompassed by 92
the crosswalk and extending three hundred feet on each approach93
direction of the state route.94

       (2) Twenty-five miles per hour in all other portions of a95
municipal corporation, except on state routes outside business96
districts, through highways outside business districts, and97
alleys;98

       (3) Thirty-five miles per hour on all state routes or through 99
highways within municipal corporations outside business districts, 100
except as provided in divisions (B)(4) and (6) of this section;101

       (4) Fifty miles per hour on controlled-access highways and102
expressways within municipal corporations;103

       (5) Fifty-five miles per hour on highways outside municipal 104
corporations, other than highways within island jurisdictions as 105
provided in division (B)(8) of this section and freeways as 106
provided in division (B)(13) of this section;107

       (6) Fifty miles per hour on state routes within municipal108
corporations outside urban districts unless a lower prima-facie109
speed is established as further provided in this section;110

       (7) Fifteen miles per hour on all alleys within the municipal 111
corporation;112

       (8) Thirty-five miles per hour on highways outside municipal 113
corporations that are within an island jurisdiction;114

       (9) Fifty-five miles per hour at all times on freeways with115
paved shoulders inside municipal corporations, other than freeways116
as provided in division (B)(13) of this section;117

       (10) Fifty-five miles per hour at all times on freeways118
outside municipal corporations, other than freeways as provided in119
division (B)(13) of this section;120

       (11) Fifty-five miles per hour at all times on all portions121
of freeways that are part of the interstate system and on all122
portions of freeways that are not part of the interstate system,123
but are built to the standards and specifications that are124
applicable to freeways that are part of the interstate system for125
operators of any motor vehicle weighing in excess of eight126
thousand pounds empty weight and any noncommercial bus;127

       (12) Fifty-five miles per hour for operators of any motor128
vehicle weighing eight thousand pounds or less empty weight and129
any commercial bus at all times on all portions of freeways that130
are part of the interstate system and that had such a speed limit131
established prior to October 1, 1995, and freeways that are not132
part of the interstate system, but are built to the standards and133
specifications that are applicable to freeways that are part of134
the interstate system and that had such a speed limit established135
prior to October 1, 1995, unless a higher speed limit is136
established under division (L) of this section;137

       (13) Sixty-five miles per hour for operators of any motor138
vehicle weighing eight thousand pounds or less empty weight and139
any commercial bus at all times on all portions of the following:140

       (a) Freeways that are part of the interstate system and that141
had such a speed limit established prior to October 1, 1995, and142
freeways that are not part of the interstate system, but are built143
to the standards and specifications that are applicable to144
freeways that are part of the interstate system and that had such145
a speed limit established prior to October 1, 1995;146

       (b) Freeways that are part of the interstate system and147
freeways that are not part of the interstate system but are built148
to the standards and specifications that are applicable to149
freeways that are part of the interstate system, and that had such150
a speed limit established under division (L) of this section;151

       (c) Rural, divided, multi-lane highways that are designated152
as part of the national highway system under the "National Highway153
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,154
and that had such a speed limit established under division (M) of155
this section.156

       (C) It is prima-facie unlawful for any person to exceed any157
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),158
(6), (7), and (8) of this section, or any declared pursuant to159
this section by the director or local authorities and it is160
unlawful for any person to exceed any of the speed limitations in 161
division (D) of this section. No person shall be convicted of more 162
than one violation of this section for the same conduct, although163
violations of more than one provision of this section may be164
charged in the alternative in a single affidavit.165

       (D) No person shall operate a motor vehicle, trackless166
trolley, or streetcar upon a street or highway as follows:167

       (1) At a speed exceeding fifty-five miles per hour, except168
upon a freeway as provided in division (B)(13) of this section;169

       (2) At a speed exceeding sixty-five miles per hour upon a170
freeway as provided in division (B)(13) of this section except as171
otherwise provided in division (D)(3) of this section;172

       (3) If a motor vehicle weighing in excess of eight thousand173
pounds empty weight or a noncommercial bus as prescribed in174
division (B)(11) of this section, at a speed exceeding fifty-five175
miles per hour upon a freeway as provided in that division;176

       (4) At a speed exceeding the posted speed limit upon a177
freeway for which the director has determined and declared a speed178
limit of not more than sixty-five miles per hour pursuant to179
division (L)(2) or (M) of this section;180

       (5) At a speed exceeding sixty-five miles per hour upon a181
freeway for which such a speed limit has been established through182
the operation of division (L)(3) of this section;183

       (6) At a speed exceeding the posted speed limit upon a184
freeway for which the director has determined and declared a speed185
limit pursuant to division (I)(2) of this section.186

       (E) In every charge of violation of this section the187
affidavit and warrant shall specify the time, place, and speed at188
which the defendant is alleged to have driven, and in charges made189
in reliance upon division (C) of this section also the speed which190
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit191
declared pursuant to, this section declares is prima-facie lawful192
at the time and place of such alleged violation, except that in193
affidavits where a person is alleged to have driven at a greater194
speed than will permit the person to bring the vehicle to a stop195
within the assured clear distance ahead the affidavit and warrant196
need not specify the speed at which the defendant is alleged to197
have driven.198

       (F) When a speed in excess of both a prima-facie limitation199
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of200
this section is alleged, the defendant shall be charged in a201
single affidavit, alleging a single act, with a violation202
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or 203
(8) of this section, or of a limit declared pursuant to this 204
section by the director or local authorities, and of the 205
limitation in division (D)(1), (2), (3), (4), (5), or (6) of this 206
section. If the court finds a violation of division (B)(1)(a), 207
(2), (3), (4), (6), (7), or (8) of, or a limit declared pursuant 208
to, this section has occurred, it shall enter a judgment of 209
conviction under such division and dismiss the charge under 210
division (D)(1), (2), (3), (4), (5), or (6) of this section. If it211
finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7), 212
or (8) of, or a limit declared pursuant to, this section, it shall 213
then consider whether the evidence supports a conviction under214
division (D)(1), (2), (3), (4), (5), or (6) of this section.215

       (G) Points shall be assessed for violation of a limitation216
under division (D) of this section in accordance with section217
4510.036 of the Revised Code.218

       (H) Whenever the director determines upon the basis of a219
geometric and traffic characteristic study that any speed limit220
set forth in divisions (B)(1)(a) to (D) of this section is greater221
or less than is reasonable or safe under the conditions found to222
exist at any portion of a street or highway under the jurisdiction223
of the director, the director shall determine and declare a224
reasonable and safe prima-facie speed limit, which shall be225
effective when appropriate signs giving notice of it are erected226
at the location.227

       (I)(1) Except as provided in divisions (I)(2) and (K) of this 228
section, whenever local authorities determine upon the basis of an229
engineering and traffic investigation that the speed permitted by230
divisions (B)(1)(a) to (D) of this section, on any part of a231
highway under their jurisdiction, is greater than is reasonable232
and safe under the conditions found to exist at such location, the 233
local authorities may by resolution request the director to234
determine and declare a reasonable and safe prima-facie speed235
limit. Upon receipt of such request the director may determine and 236
declare a reasonable and safe prima-facie speed limit at such237
location, and if the director does so, then such declared speed238
limit shall become effective only when appropriate signs giving239
notice thereof are erected at such location by the local240
authorities. The director may withdraw the declaration of a241
prima-facie speed limit whenever in the director's opinion the 242
altered prima-facie speed becomes unreasonable. Upon such 243
withdrawal, the declared prima-facie speed shall become 244
ineffective and the signs relating thereto shall be immediately 245
removed by the local authorities.246

       (2) A local authority may determine on the basis of a247
geometric and traffic characteristic study that the speed limit of248
sixty-five miles per hour on a portion of a freeway under its249
jurisdiction that was established through the operation of250
division (L)(3) of this section is greater than is reasonable or251
safe under the conditions found to exist at that portion of the252
freeway. If the local authority makes such a determination, the253
local authority by resolution may request the director to254
determine and declare a reasonable and safe speed limit of not255
less than fifty-five miles per hour for that portion of the256
freeway. If the director takes such action, the declared speed257
limit becomes effective only when appropriate signs giving notice258
of it are erected at such location by the local authority.259

       (J) Local authorities in their respective jurisdictions may260
authorize by ordinance higher prima-facie speeds than those stated261
in this section upon through highways, or upon highways or262
portions thereof where there are no intersections, or between263
widely spaced intersections, provided signs are erected giving264
notice of the authorized speed, but local authorities shall not265
modify or alter the basic rule set forth in division (A) of this266
section or in any event authorize by ordinance a speed in excess267
of fifty miles per hour.268

       Alteration of prima-facie limits on state routes by local269
authorities shall not be effective until the alteration has been270
approved by the director. The director may withdraw approval of271
any altered prima-facie speed limits whenever in the director's272
opinion any altered prima-facie speed becomes unreasonable, and273
upon such withdrawal, the altered prima-facie speed shall become274
ineffective and the signs relating thereto shall be immediately275
removed by the local authorities.276

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of this 277
section, "unimproved highway" means a highway consisting of any of 278
the following:279

       (a) Unimproved earth;280

       (b) Unimproved graded and drained earth;281

       (c) Gravel.282

       (2) Except as otherwise provided in divisions (K)(4) and (5)283
of this section, whenever a board of township trustees determines284
upon the basis of an engineering and traffic investigation that285
the speed permitted by division (B)(5) of this section on any part286
of an unimproved highway under its jurisdiction and in the287
unincorporated territory of the township is greater than is288
reasonable or safe under the conditions found to exist at the289
location, the board may by resolution declare a reasonable and290
safe prima-facie speed limit of fifty-five but not less than291
twenty-five miles per hour. An altered speed limit adopted by a292
board of township trustees under this division becomes effective293
when appropriate traffic control devices, as prescribed in section294
4511.11 of the Revised Code, giving notice thereof are erected at295
the location, which shall be no sooner than sixty days after296
adoption of the resolution.297

       (3)(a) Whenever, in the opinion of a board of township298
trustees, any altered prima-facie speed limit established by the299
board under this division becomes unreasonable, the board may300
adopt a resolution withdrawing the altered prima-facie speed301
limit. Upon the adoption of such a resolution, the altered302
prima-facie speed limit becomes ineffective and the traffic303
control devices relating thereto shall be immediately removed.304

       (b) Whenever a highway ceases to be an unimproved highway and 305
the board has adopted an altered prima-facie speed limit pursuant 306
to division (K)(2) of this section, the board shall, by307
resolution, withdraw the altered prima-facie speed limit as soon308
as the highway ceases to be unimproved. Upon the adoption of such309
a resolution, the altered prima-facie speed limit becomes310
ineffective and the traffic control devices relating thereto shall311
be immediately removed.312

       (4)(a) If the boundary of two townships rests on the313
centerline of an unimproved highway in unincorporated territory314
and both townships have jurisdiction over the highway, neither of315
the boards of township trustees of such townships may declare an316
altered prima-facie speed limit pursuant to division (K)(2) of317
this section on the part of the highway under their joint318
jurisdiction unless the boards of township trustees of both of the319
townships determine, upon the basis of an engineering and traffic320
investigation, that the speed permitted by division (B)(5) of this321
section is greater than is reasonable or safe under the conditions322
found to exist at the location and both boards agree upon a323
reasonable and safe prima-facie speed limit of less than324
fifty-five but not less than twenty-five miles per hour for that325
location. If both boards so agree, each shall follow the procedure 326
specified in division (K)(2) of this section for altering the 327
prima-facie speed limit on the highway. Except as otherwise 328
provided in division (K)(4)(b) of this section, no speed limit 329
altered pursuant to division (K)(4)(a) of this section may be 330
withdrawn unless the boards of township trustees of both townships 331
determine that the altered prima-facie speed limit previously 332
adopted becomes unreasonable and each board adopts a resolution 333
withdrawing the altered prima-facie speed limit pursuant to the 334
procedure specified in division (K)(3)(a) of this section.335

       (b) Whenever a highway described in division (K)(4)(a) of336
this section ceases to be an unimproved highway and two boards of337
township trustees have adopted an altered prima-facie speed limit338
pursuant to division (K)(4)(a) of this section, both boards shall,339
by resolution, withdraw the altered prima-facie speed limit as340
soon as the highway ceases to be unimproved. Upon the adoption of341
the resolution, the altered prima-facie speed limit becomes342
ineffective and the traffic control devices relating thereto shall343
be immediately removed.344

       (5) As used in division (K)(5) of this section:345

       (a) "Commercial subdivision" means any platted territory346
outside the limits of a municipal corporation and fronting a347
highway where, for a distance of three hundred feet or more, the348
frontage is improved with buildings in use for commercial349
purposes, or where the entire length of the highway is less than350
three hundred feet long and the frontage is improved with351
buildings in use for commercial purposes.352

       (b) "Residential subdivision" means any platted territory353
outside the limits of a municipal corporation and fronting a354
highway, where, for a distance of three hundred feet or more, the355
frontage is improved with residences or residences and buildings356
in use for business, or where the entire length of the highway is357
less than three hundred feet long and the frontage is improved358
with residences or residences and buildings in use for business.359

       Whenever a board of township trustees finds upon the basis of360
an engineering and traffic investigation that the prima-facie361
speed permitted by division (B)(5) of this section on any part of362
a highway under its jurisdiction that is located in a commercial363
or residential subdivision, except on highways or portions thereof364
at the entrances to which vehicular traffic from the majority of365
intersecting highways is required to yield the right-of-way to366
vehicles on such highways in obedience to stop or yield signs or367
traffic control signals, is greater than is reasonable and safe368
under the conditions found to exist at the location, the board may369
by resolution declare a reasonable and safe prima-facie speed370
limit of less than fifty-five but not less than twenty-five miles371
per hour at the location. An altered speed limit adopted by a372
board of township trustees under this division shall become373
effective when appropriate signs giving notice thereof are erected374
at the location by the township. Whenever, in the opinion of a375
board of township trustees, any altered prima-facie speed limit376
established by it under this division becomes unreasonable, it may377
adopt a resolution withdrawing the altered prima-facie speed, and378
upon such withdrawal, the altered prima-facie speed shall become379
ineffective, and the signs relating thereto shall be immediately380
removed by the township.381

       (L)(1) Within one hundred twenty days of February 29, 1996,382
the director of transportation, based upon a geometric and traffic383
characteristic study of a freeway that is part of the interstate384
system or that is not part of the interstate system, but is built385
to the standards and specifications that are applicable to386
freeways that are part of the interstate system, in consultation387
with the director of public safety and, if applicable, the local388
authority having jurisdiction over a portion of such freeway, may389
determine and declare that the speed limit of less than sixty-five390
miles per hour established on such freeway or portion of freeway391
either is reasonable and safe or is less than that which is392
reasonable and safe.393

       (2) If the established speed limit for such a freeway or394
portion of freeway is determined to be less than that which is395
reasonable and safe, the director of transportation, in396
consultation with the director of public safety and, if397
applicable, the local authority having jurisdiction over the398
portion of freeway, shall determine and declare a reasonable and399
safe speed limit of not more than sixty-five miles per hour for400
that freeway or portion of freeway.401

       The director of transportation or local authority having402
jurisdiction over the freeway or portion of freeway shall erect403
appropriate signs giving notice of the speed limit at such404
location within one hundred fifty days of February 29, 1996. Such405
speed limit becomes effective only when such signs are erected at406
the location.407

       (3) If, within one hundred twenty days of February 29, 1996, 408
the director of transportation does not make a determination and409
declaration of a reasonable and safe speed limit for a freeway or 410
portion of freeway that is part of the interstate system or that 411
is not part of the interstate system, but is built to the412
standards and specifications that are applicable to freeways that413
are part of the interstate system and that has a speed limit of414
less than sixty-five miles per hour, the speed limit on that415
freeway or portion of a freeway shall be sixty-five miles per416
hour. The director of transportation or local authority having417
jurisdiction over the freeway or portion of the freeway shall418
erect appropriate signs giving notice of the speed limit of419
sixty-five miles per hour at such location within one hundred420
fifty days of February 29, 1996. Such speed limit becomes421
effective only when such signs are erected at the location. A422
speed limit established through the operation of division (L)(3)423
of this section is subject to reduction under division (I)(2) of424
this section.425

       (M) Within three hundred sixty days after February 29, 1996, 426
the director of transportation, based upon a geometric and traffic 427
characteristic study of a rural, divided, multi-lane highway that 428
has been designated as part of the national highway system under 429
the "National Highway System Designation Act of 1995," 109 Stat. 430
568, 23 U.S.C.A. 103, in consultation with the director of public431
safety and, if applicable, the local authority having jurisdiction432
over a portion of the highway, may determine and declare that the433
speed limit of less than sixty-five miles per hour established on434
the highway or portion of highway either is reasonable and safe or435
is less than that which is reasonable and safe.436

       If the established speed limit for the highway or portion of437
highway is determined to be less than that which is reasonable and438
safe, the director of transportation, in consultation with the439
director of public safety and, if applicable, the local authority440
having jurisdiction over the portion of highway, shall determine441
and declare a reasonable and safe speed limit of not more than442
sixty-five miles per hour for that highway or portion of highway. 443
The director of transportation or local authority having444
jurisdiction over the highway or portion of highway shall erect445
appropriate signs giving notice of the speed limit at such446
location within three hundred ninety days after February 29, 1996. 447
The speed limit becomes effective only when such signs are erected 448
at the location.449

       (N)(1)(a) If the boundary of two local authorities rests on 450
the centerline of a highway and both authorities have jurisdiction 451
over the highway, the speed limit for the part of the highway 452
within their joint jurisdiction shall be either one of the 453
following as agreed to by both authorities:454

       (i) Either prima-facie speed limit permitted by division (B) 455
of this section;456

       (ii) An altered speed limit determined and posted in 457
accordance with this section.458

       (b) If the local authorities are unable to reach an 459
agreement, the speed limit shall remain as established and posted 460
under this section.461

       (2) Neither local authority may declare an altered 462
prima-facie speed limit pursuant to this section on the part of 463
the highway under their joint jurisdiction unless both of the 464
local authorities determine, upon the basis of an engineering and 465
traffic investigation, that the speed permitted by this section is 466
greater than is reasonable or safe under the conditions found to 467
exist at the location and both authorities agree upon a uniform 468
reasonable and safe prima-facie speed limit of less than 469
fifty-five but not less than twenty-five miles per hour for that 470
location. If both authorities so agree, each shall follow the 471
procedure specified in this section for altering the prima-facie 472
speed limit on the highway, and the speed limit for the part of 473
the highway within their joint jurisdiction shall be uniformly 474
altered. No altered speed limit may be withdrawn unless both local 475
authorities determine that the altered prima-facie speed limit 476
previously adopted becomes unreasonable and each adopts a 477
resolution withdrawing the altered prima-facie speed limit 478
pursuant to the procedure specified in this section.479

       (O) As used in this section:480

       (1) "Interstate system" has the same meaning as in 23481
U.S.C.A. 101.482

       (2) "Commercial bus" means a motor vehicle designed for483
carrying more than nine passengers and used for the transportation484
of persons for compensation.485

       (3) "Noncommercial bus" includes but is not limited to a486
school bus or a motor vehicle operated solely for the487
transportation of persons associated with a charitable or488
nonprofit organization.489

       (P)(1) A violation of any provision of this section is one of 490
the following:491

       (a) Except as otherwise provided in divisions (P)(1)(b),492
(1)(c), (2), and (3), and (4) of this section, a minor 493
misdemeanor;494

       (b) If, within one year of the offense, the offender495
previously has been convicted of or pleaded guilty to two496
violations of any provision of this section or of any provision of497
a municipal ordinance that is substantially similar to any498
provision of this section, a misdemeanor of the fourth degree;499

       (c) If, within one year of the offense, the offender500
previously has been convicted of or pleaded guilty to three or501
more violations of any provision of this section or of any502
provision of a municipal ordinance that is substantially similar503
to any provision of this section, a misdemeanor of the third504
degree.505

       (2) If the offender has not previously been convicted of or506
pleaded guilty to a violation of any provision of this section or507
of any provision of a municipal ordinance that is substantially508
similar to this section and operated a motor vehicle faster than509
thirty-five miles an hour in a business district of a municipal510
corporation, faster than fifty miles an hour in other portions of511
a municipal corporation, or faster than thirty-five miles an hour512
in a school zone during recess or while children are going to or513
leaving school during the school's opening or closing hours, a514
misdemeanor of the fourth degree.515

       (3) Notwithstanding division (P)(1) of this section, if the516
offender operated a motor vehicle in a construction zone where a517
sign was then posted in accordance with section 4511.98 of the518
Revised Code, the court, in addition to all other penalties519
provided by law, shall impose upon the offender a fine of two520
times the usual amount imposed for the violation. No court shall521
impose a fine of two times the usual amount imposed for the522
violation upon an offender if the offender alleges, in an523
affidavit filed with the court prior to the offender's sentencing,524
that the offender is indigent and is unable to pay the fine525
imposed pursuant to this division and if the court determines that526
the offender is an indigent person and unable to pay the fine.527

       (4) Notwithstanding division (P)(1) of this section, upon a 528
finding that a person operated a motor vehicle in violation of 529
section 4511.21 of the Revised Code while passing through a school 530
zone during recess or while children are going to or leaving 531
school during the opening or closing hours, the court, in addition 532
to all other penalties provided by law, shall impose upon the 533
offender a fine of two times the usual amount imposed for the 534
violation. No court shall impose a fine of two times the usual 535
amount imposed for the violation upon an offender if the offender 536
alleges, in an affidavit filed with the court prior to the 537
offender's sentencing, that the offender is indigent and is unable 538
to pay the fine imposed pursuant to this division and if the court 539
determines the offender is an indigent person and unable to pay 540
the fine.541

       Section 2.  That existing section 4511.21 of the Revised Code 542
is hereby repealed.543