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Am. Sub. S. B. No. 231As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Goodman, White, Ryan, Mallory, Spada, Carnes, Austria, Brady, Randy Gardner, Hagan, Harris, Mumper, Nein, Wachtmann, Armbruster, Robert Gardner, DiDonato
REPRESENTATIVES Faber, Setzer, Sulzer, Jolivette, Seitz, Clancy, Calvert, Niehaus, Raga, Hagan, Evans, Blasdel, Ogg, Flowers, Boccieri, Schneider, Manning, Wolpert, Metzger, Grendell, Peterson, Rhine, Otterman, Gilb, Olman, Brown, Lendrum
A BILL
To amend sections 1309.109, 4501.01, 4509.01, 4511.01,
and
4511.99 and to
enact
section 4511.512 of the
Revised Code to
exempt
electric personal assistive
mobility devices
from
the definition of "vehicle"
in the motor
vehicle and traffic laws;
to permit
their
operation on sidewalks, bikeways,
and public
streets and highways, subject to certain
restrictions; and to clarify the relationship
between the transfer of the lottery prize award and
the Secured Transactions Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1309.109, 4501.01, 4509.01, 4511.01,
and
4511.99 be
amended and
section 4511.512 of the Revised Code be
enacted to
read as
follows:
Sec. 1309.109. (A) Except as otherwise provided in
divisions
(C)
and (D) of this section, this chapter applies to: (1) A transaction, regardless of its form, that creates a
security interest in personal property or fixtures by contract; (2) An agricultural lien; (3) A sale of accounts, chattel paper, payment intangibles,
or
promissory notes; (5) A security interest arising under section 1302.42,
or
1302.49, division (C) of section
1302.85, or division (E) of
section 1310.54 of the Revised Code, as provided in
section
1309.110 of the Revised Code; and (6) A security interest arising under section 1304.20 or
1305.18
of the Revised Code. (B) The application of this chapter to a security interest
in a
secured obligation is not affected by the fact that the
obligation
is itself secured by a transaction or interest to which
this chapter does not
apply. (C) This chapter does not apply to the extent that: (1) A statute, regulation, or treaty of the United
States
preempts this chapter; or (2) The rights of a transferee beneficiary or nominated
person
under a letter of credit are independent and superior under
section
1305.13 of the Revised Code. (D) This chapter does not apply to: (1) A landlord's lien, other than an agricultural lien; (2)(a) A lien, not enumerated in division (D)(2) of this
section and other than an agricultural lien, given by
statute or
other rule of law for services or materials, including
any lien
created under any provision of Chapter 926., sections
1311.55 to
1311.57, sections 1311.71 to 1311.80, section 1701.66,
or Chapter
4585. of the Revised Code; (b) Notwithstanding division (D)(2)(a) of this section,
section
1309.333 of the Revised Code applies with respect to
priority of
the lien. (3) An assignment of a claim for wages, salary, or other
compensation of an employee; (4) A sale of accounts, chattel paper, payment intangibles,
or
promissory notes as part of a sale of the business out of which
they
arose; (5) An assignment of accounts, chattel paper, payment
intangibles, or promissory notes that is for the purpose of
collection
only; (6) An assignment of a right to payment under a contract to
an
assignee that is also obligated to perform under the contract; (7) An assignment of a single account, payment intangible,
or
promissory note to an assignee in full or partial satisfaction
of a
preexisting indebtedness; (8) A transfer of an interest in or an assignment of a claim
under a policy of insurance, other than an assignment by or to a
health-care provider of a health-care-insurance receivable and any
subsequent assignment of the right to payment, but
sections
1309.315 and 1309.322 of the Revised Code apply with
respect to
proceeds and priorities in proceeds; (9) An assignment of a right represented by a judgment,
other
than a judgment taken on a right to payment that was
collateral; (10) A right of recoupment or set-off, but: (a) Section 1309.340 of the Revised Code
applies with
respect to the
effectiveness of rights of recoupment or set-off
against deposit accounts; and (b) Section 1309.404 of the Revised Code
applies
with
respect to defenses or claims of an account debtor. (11) The creation or transfer of an interest in or lien on
real
property, including a lease or rents under a lease, except to
the extent that provision is made for: (a) Liens on real property in sections 1309.203
and
1309.308
of the Revised Code; (b) Fixtures in section 1309.334 of the
Revised
Code; (c) Fixture filings in sections 1309.501,
1309.502,
1309.512, 1309.516, and 1309.519 of the Revised Code; and (d) Security agreements covering personal and real property
in
section 1309.604 of the Revised Code. (12) An assignment of a claim arising in tort, other than a
commercial tort
claim, but
sections 1309.315 and 1309.322 of the
Revised Code
apply with
respect to proceeds and priorities in
proceeds; (13) An assignment of a deposit account in a consumer
transaction, but sections 1309.315 and 1309.322 of the
Revised
Code apply with respect to proceeds and
priorities in
proceeds; or (14) A transfer by a government, state, or governmental unit.
(E) The granting of a security
interest in all or any part
of a lottery prize award for
consideration is
subject to the prohibition of division (A)(3) of section 3770.07 of
the Revised Code. The sale, assignment, or other redirection of a lottery prize award for consideration is subject to the provisions of division (A)(4) of section 3770.07 and sections 3770.10 to 3770.14 of the Revised Code.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the
Revised
Code, and in the penal laws, except as otherwise
provided: (A)
"Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean
electric personal
assistive mobility devices, vehicles that are
operated
exclusively on rails or tracks or from overhead electric
trolley
wires, and vehicles that belong to any police department,
municipal
fire department, or volunteer fire department, or that
are used by such
a department in the discharge of its functions. (B)
"Motor vehicle" means any vehicle, including
mobile
homes
and recreational vehicles, that is
propelled or drawn
by
power
other than muscular power or power collected from
overhead
electric trolley wires.
"Motor
vehicle" does not include
motorized
bicycles, road
rollers, traction engines, power
shovels,
power
cranes, and other
equipment used in construction
work and
not
designed for or
employed in general highway
transportation,
well-drilling
machinery, ditch-digging
machinery, farm machinery,
trailers that are used
to transport
agricultural produce or
agricultural production
materials
between a local place of storage
or supply and the farm
when
drawn or towed on a public road or
highway at a speed of
twenty-five miles per hour or less,
threshing machinery,
hay-baling machinery, corn sheller,
hammermill and agricultural
tractors, machinery used in the
production of horticultural,
agricultural, and vegetable products,
and trailers that are
designed and
used exclusively to transport a
boat between a
place of storage
and a marina, or in and around a
marina, when
drawn or towed on a
public road or highway for a
distance of no
more than ten miles
and at a speed of twenty-five
miles per hour
or less. (C)
"Agricultural tractor" and
"traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying
loads independently of such other vehicles, and that is used
principally for agricultural purposes. (D)
"Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and
either is designed or used for drawing other motor vehicles,
or is
designed or
used for drawing another motor vehicle while
carrying
a portion
of the other motor vehicle or its load, or
both. (E)
"Passenger car" means any motor vehicle that is designed
and
used for carrying not more than nine persons and includes any
motor
vehicle that is designed and used for carrying not more
than
fifteen
persons in a ridesharing arrangement. (F)
"Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special
interest,
that has a fair market value of one hundred dollars or
more,
whether operable or not, and that is owned, operated,
collected,
preserved, restored, maintained, or used essentially
as
a
collector's item, leisure pursuit, or investment, but not
as the
owner's principal means of transportation.
"Licensed
collector's
vehicle" means a collector's vehicle, other than an
agricultural
tractor or traction engine, that displays current,
valid license
tags issued under section 4503.45 of the Revised
Code, or a
similar type of motor vehicle that displays current,
valid
license
tags issued under substantially equivalent
provisions in
the laws
of other states. (G)
"Historical motor vehicle" means any motor vehicle
that
is over twenty-five years old and is owned solely as a
collector's
item and for participation in club activities,
exhibitions, tours,
parades, and similar uses, but that in no
event is used
for
general transportation. (H)
"Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load
of no
more than one ton and is used exclusively for purposes
other
than
engaging in business for profit. (I)
"Bus" means any motor vehicle that has motor power
and
is
designed and used for carrying more than nine passengers,
except
any motor vehicle that is designed and used for carrying
not more
than
fifteen passengers in a ridesharing arrangement. (J)
"Commercial car" or
"truck" means any motor vehicle
that
has motor
power and is designed and used for carrying
merchandise
or freight, or
that is used as a commercial tractor. (K)
"Bicycle" means every device, other than a tricycle
that
is
designed solely for use as a play vehicle by a child,
that is
propelled
solely by human power upon which any person
may ride,
and that has either two
tandem wheels, or one wheel in
front and
two wheels in
the rear, any of which is more than
fourteen inches
in diameter. (L)
"Motorized bicycle" means any vehicle that either has
two
tandem wheels or one wheel in the front and two wheels in
the
rear, that is capable of being pedaled, and that is equipped
with
a
helper motor of not more than fifty cubic centimeters
piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of
no greater
than
twenty miles per hour on a level surface. (M)
"Trailer" means any vehicle without motive power
that
is
designed or used for carrying property or persons wholly on
its
own structure and for being drawn by a motor vehicle, and
includes
any such vehicle that is formed by or operated as a
combination of
a semitrailer and a vehicle of the dolly type such
as that
commonly known as a trailer dolly, a vehicle used to
transport
agricultural produce or agricultural production
materials between
a local place of storage or supply and the farm
when drawn or
towed on a public road or highway at a speed
greater than
twenty-five miles per hour, and a vehicle that is
designed
and
used exclusively to transport a boat between a
place of
storage
and a marina, or in and around a marina, when
drawn or
towed on a
public road or highway for a distance of
more than ten
miles or at
a speed of more than twenty-five miles
per hour.
"Trailer" does
not include a manufactured home or
travel trailer. (N)
"Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as
described
in division (B) of this section, but, where applicable,
includes
a vehicle that is used to transport a boat as described
in division (M)
of this section, that has a gross weight of no
more than three
thousand pounds, and that is used exclusively for
purposes other than
engaging in business for a profit. (O)
"Mobile home" means a building
unit or assembly of
closed
construction that is fabricated in an off-site
facility,
is
more
than thirty-five body
feet in length or, when erected
on
site, is
three hundred
twenty or more square feet, is built
on a
permanent
chassis, is
transportable in one or more
sections, and
does not
qualify as
a manufactured home as
defined in division
(C)(4) of
section 3781.06
of the Revised
Code or as an
industrialized unit
as defined in division (C)(3)
of section
3781.06 of the Revised
Code. (P)
"Semitrailer" means any vehicle of the trailer type
that
does not have motive power and is so designed or used with
another
and
separate motor vehicle that in operation a part of
its own
weight
or that of its load, or both, rests upon and is
carried by
the other vehicle
furnishing the motive power for
propelling
itself
and the vehicle referred to in this division,
and includes,
for
the purpose only of registration and taxation
under those
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
that is designed or used for the conversion of a
semitrailer into
a
trailer. (Q)
"Recreational vehicle" means a vehicular portable
structure that meets all of the following conditions: (1) It is designed
for the sole purpose of recreational
travel. (2) It is not used for the purpose of engaging in business
for profit. (3) It is not used for the purpose of engaging in intrastate
commerce. (4) It is not used for the purpose of commerce as defined in
49 C.F.R. 383.5,
as amended. (5) It is not regulated by the public utilities commission
pursuant to
Chapter 4919., 4921., or 4923. of the Revised Code. (6) It is classed as one of the following: (a)
"Travel trailer" means a nonself-propelled
recreational
vehicle that does not exceed an overall length of
thirty-five
feet, exclusive of bumper and tongue or coupling, and
contains
less than three hundred twenty square feet of space when erected
on site.
"Travel trailer"
includes a tent-type fold-out camping
trailer as defined in
section 4517.01 of the Revised Code. (b)
"Motor home" means a self-propelled recreational
vehicle
that has no fifth wheel and is constructed with
permanently
installed
facilities for
cold storage, cooking and
consuming of
food, and for sleeping. (c)
"Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to
be placed
upon and attached to a motor vehicle.
"Truck camper"
does not
include truck covers that consist of walls and a roof,
but do not
have floors and facilities enabling them to be used as
a dwelling. (d)
"Fifth wheel trailer" means a vehicle that is of such
size and weight as
to be movable without a special highway
permit,
that has a gross trailer area
of four hundred square
feet or less,
that is constructed with a raised forward
section
that allows a
bi-level floor plan, and that is designed to be
towed by
a vehicle
equipped with a fifth-wheel hitch ordinarily
installed in the bed
of
a truck. (e)
"Park trailer" means a vehicle that is commonly known as
a park model
recreational vehicle, meets the American national
standard institute standard
A119.5 (1988) for park trailers, is
built on a single chassis, has a gross
trailer area of four
hundred square feet or less when set up, is designed for
seasonal
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances. (R)
"Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air. (S)
"Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of
the load. (T)
"Solid tire vehicle" means any vehicle that is equipped
with
two or more solid tires. (U)
"Farm machinery" means all machines and tools that are
used in
the production, harvesting, and care of farm products,
and
includes trailers
that are used to transport agricultural
produce
or agricultural
production materials between a local
place of
storage or supply
and the farm when drawn or towed on a
public
road or highway at a
speed of twenty-five miles per hour
or less. (V)
"Owner" includes any person
or firm,
other
than a
manufacturer or dealer, that has title to a motor
vehicle,
except that, in sections 4505.01 to 4505.19 of the
Revised
Code,
"owner" includes in addition manufacturers and
dealers. (W)
"Manufacturer" and
"dealer" include all persons
and
firms that are regularly engaged in the
business
of
manufacturing, selling, displaying, offering for
sale, or
dealing
in motor vehicles, at an established place of
business
that is
used exclusively for the purpose of
manufacturing,
selling,
displaying, offering for sale, or
dealing in motor
vehicles. A
place of business that is used for
manufacturing,
selling,
displaying, offering for sale, or
dealing in motor
vehicles shall
be deemed to be used exclusively
for those purposes
even though
snowmobiles or all-purpose
vehicles are sold or
displayed for
sale
thereat, even though
farm machinery is sold or
displayed
for
sale
thereat, or even
though repair, accessory,
gasoline
and oil,
storage, parts,
service, or paint departments
are
maintained
thereat, or, in any
county having a population of
less than
seventy-five thousand
at the last federal
census,
even
though a department in
a place of business is used to
dismantle,
salvage, or rebuild
motor vehicles by means of used
parts, if
such
departments are
operated for the purpose of
furthering and
assisting in the
business of manufacturing,
selling, displaying,
offering for
sale, or dealing in motor
vehicles. Places of
business or
departments in a place of
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
means of using
used parts
are not
considered as being
maintained
for the purpose
of
assisting or
furthering the
manufacturing,
selling,
displaying,
and offering
for sale or
dealing in motor
vehicles. (X)
"Operator" includes any person who drives or operates
a
motor vehicle upon the public highways. (Y)
"Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a
taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily
involved in
a ridesharing arrangement is not considered an
employee for hire
or operating such vehicle for gain,
compensation, or profit. (Z)
"State" includes the territories and federal districts
of
the United States, and the provinces of Canada. (AA)
"Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts. (BB)
"Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the
chassis
or other part of the motor vehicle. (CC)
"Motor number" means the manufacturer's original
number
that is affixed to or imprinted upon the engine or motor
of the
vehicle. (DD)
"Distributor" means any person who is authorized by a
motor
vehicle manufacturer to distribute new motor vehicles to
licensed
motor vehicle dealers at an established place of
business
that is used
exclusively for the purpose of
distributing new motor
vehicles to licensed motor vehicle
dealers, except when the
distributor also is a new motor vehicle
dealer, in which case the
distributor may distribute at the
location of the
distributor's
licensed dealership. (EE)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools. (FF)
"Apportionable vehicle" means any vehicle that is used
or
intended for use in two or more international registration
plan
member jurisdictions that allocate or proportionally
register
vehicles, that is used for the transportation of persons
for hire
or designed, used, or maintained primarily for the
transportation
of property, and that meets any of the following
qualifications: (1) Is a power unit having a gross vehicle weight in
excess
of twenty-six thousand pounds; (2) Is a power unit having three or more axles, regardless
of the gross vehicle weight; (3) Is a combination vehicle with a gross vehicle weight
in
excess of twenty-six thousand pounds. "Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this
state, or any political subdivisions thereof. (GG)
"Chartered party" means a group of persons who
contract
as a group to acquire the exclusive use of a
passenger-carrying
motor vehicle at a fixed charge for the
vehicle in accordance with
the carrier's tariff, lawfully on file
with the United
States
department of transportation, for the
purpose of group
travel to a
specified destination or for a
particular itinerary,
either agreed
upon in advance or modified
by the chartered group
after having
left the place of origin. (HH)
"International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American
association of motor vehicle administrators, and that
promotes and
encourages the fullest possible use of the highway
system by
authorizing apportioned registration of fleets of
vehicles and
recognizing registration of vehicles apportioned in
member
jurisdictions. (II)
"Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (K)
of section 4503.04 of the Revised Code. (JJ)
"Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle. (KK)
"Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is
taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of
vehicles fully equipped plus the maximum weight of the load to
be
carried on that combination of vehicles. (LL)
"Chauffeured limousine" means a motor vehicle
that is
designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the
transportation of passengers on public roads and highways
along a
route under the control of the person hiring the vehicle
and not
over a defined and regular route.
"Prearranged contract"
means an
agreement, made in advance of boarding, to provide
transportation
from a specific location in a chauffeured
limousine at a fixed
rate per hour or trip.
"Chauffeured
limousine" does not include
any vehicle that is used exclusively
in the
business of funeral
directing. (MM)
"Manufactured home" has the same
meaning as in
division
(C)(4)
of section 3781.06 of the Revised Code.
(NN)
"Acquired situs,"
with respect to a manufactured home
or
a mobile home, means to
become located in this state by the
placement of the home
on real property, but does not include the
placement of a
manufactured home or a mobile home in the
inventory
of a new
motor vehicle dealer or the inventory of a
manufacturer,
remanufacturer, or distributor of manufactured or
mobile
homes. (OO)
"Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails
capabilities similar to these technologies. (PP)
"Electronic record" means a record generated,
communicated,
received, or stored by electronic means for use in
an information system or
for transmission from one information
system to another. (QQ)
"Electronic signature" means a signature in electronic
form
attached to or logically associated with an electronic
record. (RR)
"Financial transaction device" has the same meaning as
in
division (A) of section 113.40 of the Revised Code. (SS)
"Electronic motor vehicle dealer" means a motor vehicle
dealer licensed under Chapter 4517. of the Revised Code whom the
registrar of motor
vehicles determines meets the criteria
designated in section 4503.035 of the Revised Code for
electronic
motor vehicle dealers and designates as an electronic motor
vehicle
dealer under that section. (TT) "Electric personal assistive mobility device" means a
self-balancing two non-tandem wheeled
device that is designed to
transport only one person, has an
electric propulsion system of an
average of seven hundred fifty
watts, and when ridden on a
paved
level surface by an operator who
weighs one hundred seventy
pounds
has a maximum speed of less than
twenty miles per hour.
Sec. 4509.01. As used in sections 4509.01 to 4509.78 of
the
Revised Code: (A) "Person" includes every natural person, firm,
partnership, association, or corporation. (B) "Driver" means every person who drives or is in actual
physical control of a motor vehicle. (C) "License" includes any license, permit, or privilege
to
operate a motor vehicle issued under the laws of this state
including: (1) Any temporary instruction permit or examiner's driving
permit; (2) The privilege of any person to drive a motor vehicle
whether or not such person holds a valid license; (3) Any nonresident's operating privilege. (D) "Owner" means a person who holds the legal title of a
motor vehicle. If a motor vehicle is the subject of a lease with
an
immediate right of possession vested in the
lessee, the lessee
is the owner.
A person listed as the owner on a certificate of
title on
which there is a notation of a security interest is the
owner.
A buyer or other transferee of a motor vehicle
who
receives the certificate of title from the seller or
transferor
listing the seller or transferor thereon as the owner
with an
assignment of title to the buyer or transferee
nonetheless is the
owner even though a subsequent certificate of
title has not been
issued listing the buyer or transferee
as the owner. (E) "Registration" means registration certificates and
registration plates issued under the laws of this state
pertaining
to the registration of motor vehicles. (F) "Nonresident" means every person who is not a resident
of this state. (G) "Nonresident's operating privilege" means the
privilege
conferred upon a nonresident by the laws of this state
pertaining
to the operation by such person of a motor vehicle, or
the use of
a motor vehicle owned by such person, in this state. (H) "Vehicle" means every device by which any person or
property may be transported upon a highway, except
electric
personal assistive mobility devices, devices moved
by power
collected from overhead electric trolley wires, or used
exclusively upon stationary rails or tracks, and except devices
other than bicycles moved by human power. (I) "Motor vehicle" means every vehicle propelled by power
other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, road rollers,
traction engines, power shovels, power cranes and other equipment
used in construction work and not designed for or employed in
general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
threshing machinery, hay baling machinery, and agricultural
tractors and machinery used in the production of horticultural,
floricultural, agricultural, and vegetable products. (J) "Accident" or "motor vehicle accident" means any
accident involving a motor vehicle which results in bodily injury
to or death of any person, or damage to the property of any
person
in excess of four hundred dollars. (K) "Proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
motor vehicle in the amount of twelve thousand five hundred
dollars because of bodily injury to or death of one person in any
one accident, in the amount of twenty-five thousand dollars
because of bodily injury to or death of two or more persons in
any
one accident, and in the amount of seven thousand five
hundred
dollars because of injury to property of others in any
one
accident. (L) "Motor-vehicle liability policy" means an "owner's
policy" or an "operator's policy" of liability insurance,
certified as provided in section 4509.46 or 4509.47 of the
Revised
Code as proof of financial responsibility, and issued,
except as
provided in section 4509.47 of the Revised Code, by an
insurance
carrier authorized to do business in this state, to or
for the
benefit of the person named therein as insured.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code: (A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except motorized
wheelchairs,
electric personal assistive mobility devices, devices moved by
power collected from overhead
electric trolley wires, or used
exclusively upon stationary rails
or tracks, and devices other
than bicycles moved by human power. (B) "Motor vehicle" means every vehicle propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires, except motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, hole-digging
machinery, well-drilling machinery, ditch-digging machinery, farm
machinery, trailers used to transport agricultural produce or
agricultural production materials between a local place of
storage
or supply and the farm when drawn or towed on a street or
highway
at a speed of twenty-five miles per hour or less,
threshing
machinery, hay-baling machinery, agricultural tractors
and
machinery used in the production of horticultural,
floricultural,
agricultural, and vegetable products, and trailers
designed and
used exclusively to transport a boat between a place
of storage
and a marina, or in and around a marina, when drawn or
towed on a
street or highway for a distance of no more than ten
miles and at
a speed of twenty-five miles per hour or less. (C) "Motorcycle" means every motor vehicle, other than a
tractor, having a saddle for the use of the operator and designed
to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower. (D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer. (E) "Public safety vehicle" means any of the following: (1) Ambulances, including private ambulance companies
under
contract to a municipal corporation, township, or county,
and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code; (2) Motor vehicles used by public law enforcement officers
or other persons sworn to enforce the criminal and traffic laws
of
the state; (3) Any motor vehicle when properly identified as required
by the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or
directives
of that service. The state fire marshal shall be
designated by
the director of public safety as the certifying
agency for all
public safety vehicles described in division
(E)(3) of this
section. (4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding
to
emergency
calls in the fire department service when identified as
required
by the director of public safety. Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital. (5) Vehicles used by the commercial motor vehicle safety
enforcement unit for the enforcement of orders and rules of the
public
utilities commission as specified in section 5503.34 of the
Revised Code. (F) "School bus" means every bus designed for carrying
more
than nine passengers that is owned by a public,
private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a
common
passenger carrier certified by the public utilities
commission
unless such bus is devoted exclusively to the
transportation of
children to and from a school session or a
school function, and
"school bus" does not include a van or bus
used by a licensed
child day-care center or type A family
day-care home to transport
children from the child day-care
center or type A family day-care
home to a school if the van or
bus does not have more than fifteen
children in the van or bus at
any time. (G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having
either
two tandem wheels, or one wheel in the front and two
wheels in the
rear, any of which is more than fourteen inches in
diameter. (H) "Motorized bicycle" means any vehicle having either
two
tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of no greater
than
twenty miles per hour on a level surface. (I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both. (J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads
independently
of such other vehicles, and used principally for
agricultural
purposes. (K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property. (L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab
or motor vehicle used in a ridesharing arrangement,
designed and
used for the transportation of persons for
compensation. (M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour. (N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle. (O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of
sustaining themselves as beams between the supporting
connections. (P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private
right-of-way. (Q) "Railroad train" means a steam engine or an electric
or
other motor, with or without cars coupled thereto, operated by
a
railroad. (R) "Streetcar" means a car, other than a railroad train,
for transporting persons or property, operated upon rails
principally within a street or highway. (S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks. (T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion
that contains any oxidizing and combustible units or
other
ingredients in such proportions, quantities, or packing
that an
ignition by fire, by friction, by concussion, by
percussion, or by
a detonator of any part of the compound or
mixture may cause such
a sudden generation of highly heated gases
that the resultant
gaseous pressures are capable of producing
destructive effects on
contiguous objects, or of destroying life
or limb. Manufactured
articles shall not be held to be
explosives when the individual
units contain explosives in such
limited quantities, of such
nature, or in such packing, that it
is impossible to procure a
simultaneous or a destructive
explosion of such units, to the
injury of life, limb, or property
by fire, by friction, by
concussion, by percussion, or by a
detonator, such as fixed
ammunition for small arms, firecrackers,
or safety fuse matches. (U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees Fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device. (V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon. (W) "Person" means every natural person, firm,
co-partnership, association, or corporation. (X) "Pedestrian" means any natural person afoot. (Y) "Driver or operator" means every person who drives or
is
in actual physical control of a vehicle, trackless trolley, or
streetcar. (Z) "Police officer" means every officer authorized to
direct or regulate traffic, or to make arrests for violations of
traffic regulations. (AA) "Local authorities" means every county, municipal,
and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state. (BB) "Street" or "highway" means the entire width between
the boundary lines of every way open to the use of the public as
a
thoroughfare for purposes of vehicular travel. (CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway. (DD) "Private road or driveway" means every way or place
in
private ownership used for vehicular travel by the owner and
those
having express or implied permission from the owner but not
by
other persons. (EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the
berm
or shoulder. If a highway includes two or more separate
roadways
the term "roadway" means any such roadway separately but
not all
such roadways collectively. (FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians. (GG) "Laned highway" means a highway the roadway of which
is
divided into two or more clearly marked lanes for vehicular
traffic. (HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code. (II) "State highway" means a highway under the
jurisdiction
of the department of transportation, outside the
limits of
municipal corporations, provided that the authority
conferred upon
the director of transportation in section 5511.01
of the Revised
Code to erect state highway route markers and
signs directing
traffic shall not be modified by sections 4511.01
to 4511.79 and
4511.99 of the Revised Code. (JJ) "State route" means every highway that is designated
with an official state route number and so marked. (KK) "Intersection" means: (1) The area embraced within the prolongation or
connection
of the lateral curb lines, or, if none, then the
lateral boundary
lines of the roadways of two highways which join
one another at,
or approximately at, right angles, or the area
within which
vehicles traveling upon different highways joining
at any other
angle may come in conflict. (2) Where a highway includes two roadways thirty feet or
more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a
separate
intersection. If an intersecting highway also includes
two
roadways thirty feet or more apart, then every crossing of
two
roadways of such highways shall be regarded as a separate
intersection. (3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection. (1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of
the
traversable roadway; (2) Any portion of a roadway at an intersection or
elsewhere, distinctly indicated for pedestrian crossing by lines
or other markings on the surface; (3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing. (MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times. (NN) "Business district" means the territory fronting upon
a
street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character
of
such territory is indicated by official traffic control
devices. (OO) "Residence district" means the territory, not
comprising a business district, fronting on a street or highway,
including the street or highway, where, for a distance of three
hundred feet or more, the frontage is improved with residences or
residences and buildings in use for business. (PP) "Urban district" means the territory contiguous to
and
including any street or highway which is built up with
structures
devoted to business, industry, or dwelling houses
situated at
intervals of less than one hundred feet for a
distance of a
quarter of a mile or more, and the character of
such territory is
indicated by official traffic control devices. (QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of
a
public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways. (RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which
traffic
is alternately directed to stop, to proceed, to change
direction,
or not to change direction. (SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train. (TT) "Traffic" means pedestrians, ridden or herded
animals,
vehicles, streetcars, trackless trolleys, and other
devices,
either singly or together, while using any highway for
purposes of
travel. (UU) "Right-of-way" means either of the following, as the
context requires: (1) The right of a vehicle, streetcar, trackless trolley,
or
pedestrian to proceed uninterruptedly in a lawful manner in
the
direction in which it or the individual is moving in
preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path; (2) A general term denoting land, property, or the
interest
therein, usually in the configuration of a strip,
acquired for or
devoted to transportation purposes. When used in
this context,
right-of-way includes the roadway, shoulders or
berm, ditch, and
slopes extending to the right-of-way limits
under the control of
the state or local authority. (VV) "Rural mail delivery vehicle" means every vehicle
used
to deliver United States mail on a rural mail delivery
route. (WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession. (XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts
and not intended for the purpose of through vehicular
traffic, and
includes any street or highway that has been
declared an "alley"
by the legislative authority of the municipal
corporation in which
such street or highway is located. (YY) "Freeway" means a divided multi-lane highway for
through traffic with all crossroads separated in grade and with
full control of access. (ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade. (AAA) "Thruway" means a through highway whose entire
roadway
is reserved for through traffic and on which roadway
parking is
prohibited. (BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected. (CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways. (DDD) "Ridesharing arrangement" means the transportation
of
persons in a motor vehicle where such transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools. (EEE) "Motorized wheelchair" means any self-propelled
vehicle designed for, and used by, a handicapped person and that
is incapable of a speed in excess of eight miles per hour. (FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code. (GGG) "Multi-wheel agricultural tractor" means
a type of
agricultural tractor that has two or more wheels or tires on each
side of
one axle
at the rear of the tractor, is
designed or used
for drawing other vehicles or wheeled machinery,
has no provision
for carrying loads independently of
the drawn vehicles or
machinery, and is used principally for agricultural
purposes.
Sec. 4511.512. (A)(1) Electric personal assistive mobility
devices may be operated on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles in accordance with this section.
(2) Except as otherwise provided in this section, those
sections of this chapter that by their nature are applicable to an
electric personal assistive mobility device apply to the device
and the person operating it whenever it is operated upon any
public street, highway, sidewalk, or path or upon any portion of a
roadway set aside for the exclusive use of bicycles.
(3) A local authority may regulate or prohibit the
operation of
electric personal assistive mobility devices on
public streets,
highways, sidewalks,
and paths, and portions of
roadways set aside for the exclusive use of bicycles, under its
jurisdiction.
(B) No operator of an electric personal assistive mobility
device shall do any of the following:
(1) Fail to yield the right-of-way to all pedestrians and
human-powered vehicles at all times;
(2) Fail to give an audible signal before overtaking and
passing a pedestrian;
(3) Operate the device at night unless the device or its
operator is equipped with or wearing both of the following:
(a) A lamp pointing to the front that emits a white light
visible from a distance of not less than five hundred feet;
(b) A red reflector facing the rear that is visible from
all distances from one hundred feet to six hundred feet when
directly in front of lawful lower beams of head lamps on a motor
vehicle.
(4) Operate the device on any portion of a street or
highway that has an established speed limit of fifty-five miles
per hour or more; (5) Operate the device upon any path set aside for the
exclusive use of pedestrians or other specialized use when an
appropriate sign giving notice of the specialized use is posted on
the path;
(6) If under eighteen years of age, operate the device
unless wearing a protective helmet on the person's head with the
chin strap properly fastened;
(7) If under sixteen years of age, operate the device
unless, during the operation, the person is under the direct
visual and audible supervision of another person who is eighteen
years of age or older and is responsible for the immediate care of
the person under sixteen years of age.
(C) No person who is under fourteen years of age shall
operate an electric personal assistive mobility device.
(D)
No person shall distribute
or sell an electric
personal assistive mobility device unless the
device is
accompanied by a written statement that is substantially
equivalent to the following: "WARNING: TO REDUCE THE RISK OF
SERIOUS INJURY,
USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT
–
HELMET, WRIST
GUARDS, ELBOW PADS, AND KNEE PADS." (E) Nothing in this section affects or shall be construed to
affect any
rule of the director of natural resources or a board of
park
district commissioners governing the operation of vehicles on
lands under the control of the director or board, as applicable.
Sec. 4511.99. (A) Whoever violates division (A)(1), (2),
(3),
or (4) of
section 4511.19 of the Revised Code, in addition to
the license
suspension or revocation provided in section 4507.16
of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
Whoever
violates division
(A)(5), (6), or (7) of section
4511.19 of the
Revised
Code, in addition to the
license suspension or revocation
provided in section 4507.16 of
the Revised Code and any
disqualification
imposed under section 4506.16 of the
Revised
Code, shall be punished as
provided in division (A)(5),
(6), (7),
or (8) of this section. (1) Except as otherwise provided in division (A)(2), (3), or
(4) of this
section, the offender is guilty of a misdemeanor of
the first degree and
the court shall sentence the offender to a
term of imprisonment of
three consecutive days and may sentence
the offender pursuant to
section 2929.21 of the Revised Code to a
longer term of
imprisonment. In addition, the court shall impose
upon the
offender a fine of not less than two hundred fifty and
not more than
one thousand dollars. The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. The court also may suspend the
execution of
any part of the mandatory three consecutive days of
imprisonment
that it is required to impose by this division, if
the court
places the offender on probation for part of the three
consecutive
days; requires the offender to attend, for that part
of the three
consecutive days, a drivers' intervention program
that is
certified pursuant to section 3793.10 of the Revised
Code; and
sentences the offender to a term of imprisonment equal
to the
remainder of the three consecutive days that the offender
does not
spend attending the drivers' intervention program. The
court may
require the offender, as a condition of probation, to
attend and
satisfactorily complete any treatment or education
programs that
comply with the minimum standards adopted pursuant
to Chapter
3793. of the Revised Code by the director of alcohol
and drug
addiction services, in addition to the required
attendance at a
drivers' intervention program, that the operators
of the drivers'
intervention program determine that the offender
should attend and
to report periodically to the court on the offender's
progress in
the programs. The court also may impose any other
conditions of
probation on the offender that it considers
necessary. Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. If the offender was confined
as a
result of the offense prior to being sentenced for the
offense but
is not sentenced to a term of incarceration, the
fifty
dollars
shall be paid to the political subdivision that paid the
cost of
housing the offender during that period of confinement.
The
political subdivision shall use this share to pay or reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who violate section 4511.19
of the Revised Code or a substantially similar municipal
ordinance
and to pay for ignition interlock devices and electronic house
arrest
equipment for persons who violate that section.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191
of the Revised Code. The balance of the fine shall be
disbursed
as otherwise provided by law. (2)(a) Except as otherwise provided in division (A)(4)
of
this section, the offender
is guilty of a misdemeanor of the first
degree, and, except as provided in this division, the court shall
sentence the
offender to a term of imprisonment of ten consecutive
days and may sentence
the offender pursuant to section 2929.21 of
the
Revised Code to a longer term of
imprisonment if, within six
years of the offense,
the offender
has been convicted of or
pleaded guilty to one violation of
the following: (i) Division
(A) or (B) of section 4511.19 of the Revised
Code; (ii) A municipal ordinance relating to operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse; (iii) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine; (iv) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section; (v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance that
is
substantially similar to either of those divisions; (vi) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of
section 2903.08, or former section 2903.07 of
the Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section,
in a
case in which
the jury or judge found that the offender was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse; (vii) A statute of
the United States or of any other state
or a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code. As an alternative
to the term of imprisonment required to be
imposed by this
division, but subject to division (A)(12) of this
section, the
court may impose upon the offender a sentence
consisting of both
a term of imprisonment of five consecutive days
and not less than
eighteen consecutive days of electronically
monitored house
arrest as defined in division (A) of section
2929.23 of the
Revised Code. The five consecutive days of
imprisonment and the
period of electronically monitored house
arrest shall not exceed
six months. The five consecutive days of
imprisonment do not
have to be served prior to or consecutively
with the period of
electronically monitored house arrest. In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender. Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section
4511.19 of the Revised Code or a
substantially similar municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. This share shall be
used by the political
subdivision to pay or reimburse
incarceration or treatment costs it incurs in
housing or providing
drug and alcohol treatment to persons who violate section
4511.19
of the Revised Code
or a substantially similar municipal ordinance
and to pay for
ignition interlock devices and electronic house
arrest equipment
for persons who violate that section, and shall
be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(2)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code. (3)(a) Except as otherwise provided in division (A)(4)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to two
violations identified in
division (A)(2) of
this section, the court shall
sentence the offender to a term of
imprisonment of thirty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of fifteen
consecutive days and not less than
fifty-five consecutive days of
electronically monitored house
arrest as defined in division (A)
of section 2929.23 of the
Revised Code. The fifteen consecutive
days of imprisonment and
the period of electronically monitored
house arrest shall not
exceed one year. The fifteen consecutive
days of imprisonment do
not have to be served prior to or
consecutively with the period
of electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable
to pay the cost of attendance at the treatment
program, the court
may order that payment of the cost of the
offender's attendance at
the treatment program be made from that
court's indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. This share shall be used by the
agency to pay
only those costs it incurs in enforcing section
4511.19 of the
Revised Code or a substantially similar municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration or treatment costs
it incurs in
housing or providing drug and alcohol treatment to
persons who violate section
4511.19 of
the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(3)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the time of the offense. The order of criminal forfeiture
shall be issued
and enforced in accordance with section 4503.234
of the Revised
Code. (4)(a)(i) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or more
violations identified in division (A)(2) of this section, and if
sentence is
not required to be imposed under division
(A)(4)(a)(ii) of this section, the
offender is guilty of a felony
of
the fourth degree and, notwithstanding division (A)(4) of
section 2929.14 of
the Revised Code, may be sentenced to a
definite prison term that shall be not
less than six months and
not more than thirty months. The court shall
sentence the
offender in accordance
with sections 2929.11 to 2929.19 of the
Revised Code and shall impose
as part of the sentence either a
mandatory term of local incarceration of
sixty
consecutive days of
imprisonment in accordance with division (G)(1)
of section 2929.13
of the Revised Code or a mandatory prison
term of sixty
consecutive days of imprisonment in accordance with division
(G)(2) of that section. If the court requires the offender to
serve a
mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section
2929.17 of the
Revised Code, may impose upon the
offender a
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house
arrest shall
not commence until after the offender has served the
mandatory term of local
incarceration. (ii) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) of section 4511.19
of the Revised Code
under circumstances
in which the violation was
a felony, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the third degree. The court shall sentence the offender
in accordance with sections 2929.11 to 2929.19 of the Revised Code
and shall impose as part of the sentence a mandatory prison term
of sixty
consecutive days of imprisonment in accordance with
division (G)(2) of section 2929.13 of the Revised
Code. (iii) In addition to all other sanctions imposed on an
offender under
division (A)(4)(a)(i) or (ii)
of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised Code, a
fine of not less than eight hundred nor
more
than ten thousand dollars. In addition to any other sanction that it imposes upon
the
offender under division (A)(4)(a)(i) or (ii) of this section, the
court
shall require the offender to attend an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by the
offender.
If
the court determines that the offender is unable to
pay the
cost
of attendance at the treatment program, the
court may order
that
payment of the cost of the offender's
attendance at the
treatment
program be made from the court's
indigent drivers
alcohol
treatment fund. Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
This share shall be used by the agency to pay only
those costs it
incurs in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. This
share shall be
used by the political subdivision to pay or
reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who
violate section 4511.19
of the Revised Code or a
substantially similar municipal ordinance
and to pay for ignition
interlock devices and electronic house
arrest equipment for
persons who violate that section, and shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code. (c) As used in division (A)(4)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code. If title to a motor vehicle that is subject to an order for
criminal
forfeiture under this section is assigned or transferred
and division (C)(2)
or (3) of section 4503.234 of the Revised Code
applies, in addition to or
independent of any other penalty
established by law, the court may fine the
offender the value of
the vehicle as determined by publications of the
national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(D)(4) of
section 4503.234 of the Revised Code. (5)(a) Except as otherwise provided in division (A)(6),
(7),
or (8)
of this section, the offender is guilty of a misdemeanor of
the first degree,
and the court shall sentence the offender to one
of the following: (i) A term of imprisonment of at least
three consecutive
days and
a requirement that the
offender attend, for three
consecutive days, a drivers'
intervention program that is
certified pursuant to section
3793.10 of the Revised Code; (ii) If the court determines that the offender is not
conducive
to treatment in the
program, if the offender refuses to
attend the program, or if the
place of imprisonment can provide a
drivers' intervention program, a term of
imprisonment of at least
six consecutive days. (b) In addition, the court shall impose upon the offender a
fine
of not less than two hundred fifty and not more than
one
thousand dollars. The court may require the offender, as a condition of
probation, to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to Chapter 3793. of the Revised Code by the
director of
alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the
offender's
progress in the programs. The court also may impose
any other
conditions of probation on the offender that it
considers
necessary. Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing the operation of a
motor vehicle
while under the influence of alcohol, the dangers
of operating a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages.
Fifty dollars of the fine
imposed pursuant to this division shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration to the credit of the fund that
pays the
cost of the incarceration. The political subdivision
shall use
this share to pay or reimburse incarceration or
treatment costs it
incurs in housing or providing drug and alcohol
treatment to
persons who violate section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and to pay for
ignition interlock
devices and electronic house arrest equipment
for persons who violate that
section.
Twenty-five dollars of the
fine imposed pursuant to this division
shall be deposited into the
county indigent drivers alcohol
treatment fund or municipal
indigent drivers alcohol treatment
fund under the control of that
court, as created by the county or
municipal corporation pursuant
to division (N) of section
4511.191 of the Revised Code. The
balance of the fine shall
be disbursed as otherwise provided by
law. (6)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense, the offender has been convicted of or
pleaded guilty to one
violation of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute of
the United States or
of any other state or a
municipal ordinance of a municipal
corporation located in any other state that
is substantially
similar to division (A) or (B) of section
4511.19 of the
Revised
Code, the offender is guilty of a misdemeanor of the
first degree,
and the court shall sentence the
offender to a term of
imprisonment of twenty consecutive days and
may sentence the
offender pursuant to section 2929.21 of the
Revised Code to a
longer term of imprisonment. As an
alternative
to the term of
imprisonment required to be imposed by this
division, but subject
to division (A)(12) of this section, the
court may impose upon the
offender a sentence consisting of both
a term of imprisonment of
ten consecutive days and not less than
thirty-six consecutive days
of electronically monitored house
arrest as defined in division
(A) of section 2929.23 of the
Revised Code. The ten consecutive
days of imprisonment and
the
period of electronically monitored
house arrest shall not exceed
six months. The ten consecutive
days of imprisonment do not
have to be served prior to or
consecutively with the period of
electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than three hundred fifty and not more than one
thousand five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. If the officials of the
drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The offender shall pay the cost of the treatment. Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section
4511.19 of the Revised Code or a
substantially similar
municipal
ordinance and in informing the
public of the laws governing the
operation of a motor vehicle
while under the influence of
alcohol, the dangers of operating a
motor vehicle while under the
influence of alcohol, and other
information relating to the
operation of a motor vehicle and the
consumption of alcoholic
beverages. One hundred fifteen dollars
of the fine imposed pursuant to
this division shall be paid to the
political subdivision
that pays the cost of housing the offender
during the offender's
term of
incarceration. The political
subdivision shall use this share
to pay or reimburse incarceration
or treatment costs it incurs in
housing or providing drug and
alcohol treatment to persons who violate section
4511.19 of the
Revised
Code
or a substantially similar municipal ordinance and to
pay for
ignition interlock devices and electronic house arrest
equipment
for persons who violate that section, and this share
shall be paid to the
credit of the fund that pays the cost of the
incarceration.
Fifty dollars of the fine imposed pursuant to this
division shall
be deposited into the county indigent drivers
alcohol treatment
fund or municipal indigent drivers alcohol
treatment fund under
the control of that court, as created by the
county or municipal
corporation pursuant to division (N) of
section 4511.191 of the
Revised Code. The balance of the fine
shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(6)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
ninety days of the vehicle the offender was
operating at the time
of the offense and the impoundment for
ninety days of the
identification license plates of that vehicle.
The order for the
immobilization and impoundment shall be issued
and enforced in
accordance with section 4503.233 of the Revised
Code. (7)(a) Except as otherwise provided in division (A)(8)
of
this section and except as provided in this division, if, within
six years
of the offense,
the offender
has been convicted of or
pleaded guilty to two violations of
division (A) or (B) of section
4511.19 of the
Revised Code, a
municipal ordinance relating to
operating a vehicle while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse, a municipal ordinance
relating to operating a vehicle
with a prohibited concentration of
alcohol in the blood, breath,
or urine, section 2903.04 of the
Revised Code in a case in
which
the offender was subject to the
sanctions described in division
(D) of that section, section
2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal
ordinance that is
substantially
similar to section 2903.07 of the
Revised Code in a case in
which
the jury or judge found that the
offender was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse,
or a statute of the United States or
of any other
state or a municipal ordinance of a municipal
corporation located in any other
state that is substantially
similar to division (A) or (B)
of section 4511.19
of the Revised
Code, the court shall
sentence the offender to a term of
imprisonment of sixty consecutive days and
may sentence the
offender to a longer definite term of
imprisonment of not more
than one year. As an alternative to the
term of imprisonment
required to be imposed by this division, but
subject to division
(A)(12) of this section, the court may impose
upon the offender a
sentence consisting of both a term of
imprisonment of thirty
consecutive days and not less than
one hundred ten consecutive
days of electronically monitored house
arrest as defined in
division (A) of section 2929.23 of the
Revised Code. The thirty
consecutive days of imprisonment
and
the period of electronically
monitored house arrest shall not
exceed one year. The thirty
consecutive days of imprisonment do
not have to be served prior to
or consecutively with the period
of electronically monitored house
arrest. In addition, the court shall impose upon the offender a
fine
of not less than five hundred fifty and not more than two thousand
five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The offender shall pay the cost of the
treatment. If the court determines that the offender is
unable to
pay the cost of attendance at the treatment
program, the court may
order that payment of the cost of the
offender's attendance at the
treatment program be made from that
court's indigent drivers
alcohol treatment fund. Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education
fund established by the legislative authority of the
law
enforcement agency in this state that primarily was
responsible
for the arrest of the offender, as determined by the
court that
imposes the fine. The agency shall use this share
to pay only
those costs it incurs in enforcing section
4511.19 of the Revised
Code or a substantially similar
municipal
ordinance and in
informing the public of the laws governing the
operation of a
motor vehicle while under the influence of
alcohol, the dangers of
operating a motor vehicle while under the
influence of alcohol,
and other information relating to the
operation of a motor vehicle
and the consumption of alcoholic
beverages. Two hundred
seventy-seven dollars of the fine imposed
pursuant to this
division shall be paid to the political
subdivision that pays the
cost of housing the offender during the
offender's term
of
incarceration. The political subdivision shall use this share
to
pay or reimburse incarceration or treatment costs it incurs in
housing or providing drug and alcohol treatment to persons who
violate section
4511.19 of the Revised
Code or a substantially
similar municipal ordinance and to pay for
ignition interlock
devices and electronic house
arrest equipment for persons who
violate that section, and this share shall
be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
penalties imposed under division (A)(7)(a) of this
section and
all other penalties provided by law and subject to
section
4503.235 of the Revised Code, shall order the
immobilization
for
one hundred eighty days of the vehicle the
offender was operating
at the time of the offense and the
impoundment for one hundred
eighty days of the identification
license plates of that vehicle.
The order for the immobilization
and impoundment shall be issued
and enforced in accordance with
section 4503.233 of the Revised
Code. (8)(a)(i) If, within six years of the offense, the
offender
has been convicted of or pleaded guilty to three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised
Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal
ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to
division
(A) or
(B) of section 4511.19 of the Revised Code,
and if
sentence is not required to be imposed
under division
(A)(8)(a)(ii) of this
section, the offender is guilty of a felony
of
the fourth degree
and, notwithstanding
division (A)(4) of
section 2929.14 of the Revised
Code, may be
sentenced to a
definite prison term that shall be not less than six
months and
not more than thirty months.
The court shall sentence the
offender in accordance
with sections 2929.11 to 2929.19 of the
Revised Code and
shall impose
as part of the sentence either a
mandatory term of local incarceration of one
hundred
twenty
consecutive days of imprisonment in accordance with division
(G)(1)
of section 2929.13 of the Revised Code
or a mandatory
prison
term of one hundred twenty consecutive days of imprisonment
in
accordance with division (G)(2) of that section. If the court
requires the offender to serve a mandatory term of local
incarceration of
one hundred twenty consecutive days of
imprisonment in
accordance with division (G)(1) of section 2929.13
of the
Revised
Code,
the court, pursuant
to section
2929.17 of the
Revised Code, may impose upon the
offender a sentence that
includes a term of electronically monitored house
arrest, provided
that the term of electronically monitored house arrest shall
not
commence until after the offender has served the mandatory term of
local
incarceration. (ii) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) of section 4511.19
of the Revised Code
under circumstances
in which the violation was
a felony, regardless of when the prior violation
and the prior
conviction or guilty plea occurred, the offender is guilty of a
felony of the
third degree. The
court shall sentence the offender
in accordance with sections
2929.11 to 2929.19 of the Revised Code
and shall impose as part of
the sentence a mandatory prison term
of one hundred twenty consecutive
days of imprisonment in
accordance with division (G)(2) of
section 2929.13 of the Revised
Code. (iii) In addition to all other sanctions imposed on an
offender
under division (A)(8)(a)(i) or
(ii) of this section, the
court shall impose upon
the offender, pursuant to section 2929.18
of the Revised
Code, a
fine of not less than eight hundred nor
more than ten
thousand dollars. In addition to any other sanction that it imposes upon
the
offender under division (A)(8)(a)(i)
or (ii) of this section, the
court shall
require the offender to attend
an alcohol
and drug
addiction program authorized by section 3793.02 of the
Revised
Code. The cost of the treatment shall be paid by
the
offender.
If
the court determines that the offender is unable to
pay the
cost
of attendance at the treatment program, the
court may order
that
payment of the cost of the offender's
attendance at the
treatment
program be made from the court's
indigent drivers
alcohol
treatment fund. Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest
of the offender, as determined by the court that imposes
the fine.
The agency shall use this share to pay only
those costs it incurs
in enforcing section 4511.19 of the Revised
Code or a
substantially similar municipal ordinance and in
informing the
public of the laws governing operation of a motor
vehicle while
under the influence of alcohol, the dangers of
operation of a
motor vehicle while under the influence of
alcohol, and other
information relating to the operation of a
motor vehicle and the
consumption of alcoholic beverages. Four
hundred forty dollars of
the fine imposed pursuant to this
division shall be paid to the
political subdivision that pays the cost of
housing the offender
during the offender's term of
incarceration. The political
subdivision shall use this
share to pay or
reimburse incarceration
or treatment costs it incurs in housing or providing
drug and
alcohol treatment to persons who
violate section 4511.19 of the
Revised Code or a
substantially similar municipal ordinance and to
pay for ignition
interlock devices and electronic house arrest
equipment for
persons who violate that section, and this share
shall be paid to the credit
of the fund that pays the cost of
incarceration. The balance of
the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in
addition to the
sanctions imposed under division (A)(8)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal
forfeiture
to the state of the vehicle the offender was operating
at the
time of the offense. The order of criminal forfeiture
shall be
issued and enforced in accordance with section 4503.234
of the
Revised Code. (c) As used in division (A)(8)(a) of
this section,
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the
Revised Code. (d) If title to a motor vehicle that is subject to an order
for
criminal
forfeiture under this section is assigned or
transferred and division
(C)(2)
or (3) of section 4503.234 of the
Revised Code applies, in
addition to or
independent of any other
penalty established by law, the court may fine the
offender the
value of the vehicle as determined by publications of the
national
auto dealer's association. The proceeds from any fine imposed
under
this division shall be distributed in accordance with
division (D)(4)
of section 4503.234 of the Revised Code. (9)(a) Except as provided in division (A)(9)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), (4), (5), (6), (7), or (8) of this section to continue
the
offender's
employment, the
court may authorize that the
offender be granted work release
from imprisonment after the
offender has served the three, six, ten, twenty,
thirty, or sixty
consecutive days of imprisonment or the
mandatory term of local
incarceration of sixty or one hundred twenty
consecutive days that
the
court
is required by division (A)(1), (2), (3), (4), (5), (6),
(7), or (8) of this
section to impose. No court shall authorize
work release from
imprisonment during the three, six, ten, twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of local incarceration or
mandatory prison term of sixty or
one hundred twenty consecutive
days that the court is required by
division
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this
section to impose. The
duration
of the work release shall not
exceed the time necessary each day
for the offender to commute to
and from the place of employment
and the place of imprisonment and
the time actually spent under
employment. (b) An offender who is sentenced pursuant to division
(A)(2), (3), (6), or (7) of this section to a term of imprisonment
followed
by a period of electronically monitored house arrest is
not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. The duration of the work
release shall not exceed the time necessary each day for the
offender to commute to and from the place of employment and the
offender's home or other place specified by the sentencing court
and the
time actually spent under employment. (10) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in
lieu of imprisonment, or the use of a community control sanction
for an
offender convicted of a felony, no court shall suspend the
ten, twenty, thirty, or sixty
consecutive days of imprisonment
required to be imposed on an
offender by division (A)(2), (3),
(6),
or (7) of this section, no court shall place an
offender who
is sentenced pursuant to division (A)(2), (3),
(4), (6), (7), or
(8) of this section in any
treatment program in lieu of
imprisonment until after the offender has served the ten,
twenty,
thirty, or sixty consecutive
days of imprisonment or the mandatory
term of
local incarceration or mandatory prison term
of sixty or
one hundred twenty consecutive days required to be imposed
pursuant to division (A)(2), (3), (4), (6), (7),
or (8) of this
section, no court that
sentences an offender under division (A)(4)
or (8) of this
section shall
impose any sanction other than a
mandatory term of local incarceration or
mandatory prison term to
apply to the
offender until after the offender has served the
mandatory term of local
incarceration or mandatory prison term of
sixty or one hundred twenty consecutive days required to be
imposed
pursuant to division
(A)(4) or (8) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2), (3), (6), or (7) of
this section shall suspend
any portion
of the sentence or place the offender in any treatment
program in
lieu of imprisonment or electronically monitored house
arrest.
Notwithstanding any section of the Revised Code that
authorizes
the suspension of the imposition or execution of a
sentence or
the placement of an offender in any treatment program
in lieu of
imprisonment, no court, except as specifically
authorized by
division (A)(1) or (5) of this section, shall
suspend the
three or more consecutive days of imprisonment
required to be
imposed by
division (A)(1) or (5) of this section
or place an offender
who is
sentenced pursuant to division (A)(1)
or (5) of this section
in any treatment program in lieu of
imprisonment until after the
offender has served the three or more
consecutive days of imprisonment
required to be imposed pursuant
to division (A)(1) or (5) of
this section. (11) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), (4),
(5),
(6), (7), or (8)
of this section unless the treatment program
complies with the
minimum standards adopted pursuant to Chapter
3793. of the
Revised Code by the director of alcohol and drug
addiction
services. (12) No court shall impose the alternative sentence of a
term of imprisonment plus a term of electronically monitored house
arrest permitted to be imposed by division (A)(2), (3), (6),
or
(7) of this
section, unless within sixty days of the date of
sentencing, the
court issues a written finding, entered into the
record, that due
to the unavailability of space at the
incarceration facility
where the offender is required to serve the
term of imprisonment
imposed upon the offender, the offender will
not be able to
commence
serving the term of imprisonment within
the sixty-day period
following the date of sentencing. If the
court issues such a
written finding, the court may impose the
alternative sentence
comprised
of a term of imprisonment and a
term of electronically monitored
house arrest permitted to be
imposed by division (A)(2),
(3), (6), or (7) of this section. (B) Whoever violates section 4511.192, 4511.251, or
4511.85
of the Revised Code is guilty of a misdemeanor of the
first
degree. The court, in addition to or independent of all
other
penalties provided by law, may suspend for a period not to
exceed
one year the driver's or commercial driver's license or
permit or
nonresident operating privilege of any person who
pleads guilty to
or is convicted of a violation of section
4511.192 of the Revised
Code. (C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following: (1) Except as otherwise provided in division (C)(2) of
this
section, a minor misdemeanor. (2) If the offender previously has been convicted of
or
pleaded guilty to one or more violations of
section 4511.63,
4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the
Revised
Code or a municipal ordinance that is substantially
similar to
any of those sections, a
misdemeanor
of the fourth
degree. (D)(1) Whoever violates any provision of sections 4511.01
to
4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following: (a) Except as otherwise provided in division
(D)(1)(b),
(1)(c), (2), (3), or (4) of this
section, a minor misdemeanor; (b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one
violation of any provision of
sections
4511.01 to 4511.76 or
section 4511.84 of the Revised Code for
which no penalty otherwise
is provided in this section or a
municipal ordinance that is
substantially similar to any
provision of sections 4511.01 to
4511.76 or section 4511.84 of
the Revised Code for which no
penalty otherwise is provided in
this section, a
misdemeanor of
the fourth
degree; (c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree. (2) When any person is found guilty of a first offense for
a
violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five
miles an
hour in a business district of a municipal corporation,
or faster
than fifty miles an hour in other portions, or faster
than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree. (3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all
other penalties provided by law, shall impose a fine of two
times
the usual amount imposed for the violation. No court shall
impose
a fine of two times the usual amount imposed for the
violation
upon an offender who alleges, in an affidavit filed
with the court
prior to the offender's sentencing, that the offender is
indigent
and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine. (4) Notwithstanding section 2929.21 of the Revised
Code,
upon a
finding that a person operated a motor vehicle in violation
of division
(C) of section
4511.213 of the Revised Code, the
court, in
addition to all other penalties provided by law, shall
impose a fine of
two times the usual amount imposed for the
violation. (E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of
time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code. (F) Whoever violates division (E) or (F) of section
4511.51,
division (A), (D), or (E) of section 4511.521, section
4511.681,
division (A) or (C) of section 4511.69, section
4511.772, or
division (A) or (B) of section 4511.82 of the
Revised Code is
guilty of a minor misdemeanor. (G) Whoever violates division (A) of section 4511.75 of
the
Revised Code may be fined an amount not to exceed five
hundred
dollars. A person who is issued a citation for a
violation of
division (A) of section 4511.75 of the Revised Code
is not
permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge. (H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows: (a) Except as otherwise provided in division (H)(1)(b) of
this section, the
offender is guilty of a
minor misdemeanor. (b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section
4511.81 of the
Revised Code or of a municipal
ordinance that is
substantially similar to either of those
divisions, the offender
is guilty of a misdemeanor of the fourth
degree. (2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in
accordance
with the law
of the state of which the offender is a
resident is guilty of
a minor
misdemeanor on a first offense; on a
second or subsequent
offense, that person is guilty of a
misdemeanor of the fourth
degree. (3) All fines imposed pursuant to
division (H)(1) or (2) of
this section shall be forwarded to the
treasurer of state for
deposit in the "child highway safety fund"
created by division (G)
of section 4511.81 of the Revised Code. (I) Whoever violates section 4511.202 of the Revised Code
is
guilty of operating a motor vehicle without being in control
of
it, a minor misdemeanor. (J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree. (K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree. (L) Whoever violates division (H) of section 4511.69 of
the
Revised Code shall be punished as follows: (1) Except as otherwise provided in
division (L)(2) of this
section, the offender shall be
issued a warning. (2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be
issued a
warning but shall be fined twenty-five dollars for each
parking location
that is not
properly marked or whose markings are
not properly maintained. (M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a
misdemeanor of the second degree. (N)(1) Whoever violates division (B) of section 4511.19
of
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: (a) Except as otherwise provided in division
(N)(1)(b) of
this section, the offender is guilty of
a misdemeanor of the
fourth degree. (b) The offender is guilty of a misdemeanor of the third
degree
if, within one year of the offense, the offender has
been
convicted of or pleaded guilty to any violation of the
following: (i) Division
(A) or (B) of section 4511.19 of the Revised
Code; (ii) A municipal
ordinance relating to operating a vehicle
while under the
influence of alcohol, a drug of abuse, or alcohol
and a drug of
abuse; (iii) A municipal ordinance relating to operating a vehicle
with
a prohibited concentration of alcohol in the blood, breath,
or
urine; (iv) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D)
of that section; (v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar
to either of those divisions; (vi) Division (A)(2), (3), or (4) of section
2903.06 or
division (A)(2) of section 2903.08
of the
Revised Code or a
municipal ordinance that is substantially
similar to any of those
divisions, or former section
2903.07 of the Revised Code or
a
substantially similar municipal ordinance, in a
case in which
the
jury or judge found that the offender was under the influence
of
alcohol, a drug of abuse, or alcohol and a drug of abuse; (vii) A statute of
the United States or of any other state
or a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code. (2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified
in, division (E) of section 4507.16 of the Revised
Code. (O) Whoever violates section 4511.62 of the Revised
Code is
guilty of a misdemeanor of the fourth degree. (P) Whoever violates division
(F)(1)(a) or (b) of section
4511.69
of the Revised
Code is guilty of a misdemeanor
and shall
be fined not less than two hundred fifty nor more than five
hundred
dollars, but in no
case shall an offender be sentenced to
any term of
imprisonment. Arrest or conviction for a violation of division
(F)(1)(a) or
(b) of section 4511.69
of the Revised
Code does not constitute a
criminal record and need not be reported by the person so
arrested
or convicted in response to any inquiries contained in
any
application for employment, license, or other right or
privilege,
or made in connection with the person's appearance as
a witness. Every fine collected under this division shall be paid by the
clerk of the
court to the political subdivision in which the
violation occurred.
Except as provided in this division, the
political subdivision shall use the
fine moneys it receives under
this division to pay the expenses it incurs in
complying with
the
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision
may use up to fifty per cent of each fine it receives under this
division to pay the costs of educational, advocacy, support, and
assistive technology programs for persons with disabilities, and
for
public improvements within the political subdivision that
benefit
or assist persons with disabilities, if governmental
agencies or
nonprofit organizations offer the programs.
(Q)(1) Whoever violates division (B) or (C) of section
4511.512 of
the Revised Code is guilty of a minor misdemeanor and
shall be punished as follows:
(a) The offender
shall be fined ten dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (B) or (C) of section
4511.512
of the Revised Code or a substantially similar municipal
ordinance, the court, in addition to imposing the fine required
under division (Q)(1)(a) of this section, shall do one of the
following:
(i) Order the impoundment for not less than one day but not
more
than thirty days of the electric personal assistive mobility
device that was involved in the current violation of that
division. The court shall order the device to be impounded at a
safe indoor location designated by the court and may assess
storage fees of not more than five dollars per day, provided the
total storage, processing, and release fees
assessed against the
offender or the device in connection with
the
device's impoundment
or subsequent release shall not exceed fifty dollars.
(ii) If the court does not issue an impoundment order
pursuant to division (Q)(1)(b)(i) of this section, issue an order
prohibiting the offender from operating any electric personal
assistive mobility device on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles for not less than one day but not more
than thirty days.
(2) Whoever violates division (D) of section 4511.512
of
the Revised Code is guilty of a minor misdemeanor.
Section 2. That existing sections 1309.109, 4501.01, 4509.01,
4511.01,
and
4511.99 of the
Revised Code are hereby repealed.
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