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H. B. No. 102 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives Peterson, Harwood, Bubp, Webster, Setzer, Evans, Garrison, Collier, Bacon, Flowers, Stebelton, White, Wagoner
A BILL
To amend section 4511.21 of the Revised Code to establish procedures for a board of township trustees to alter the prima-facie speed limit on any township road and to require the Department of Transportation to establish speed transition zones on state highways at locations where the posted speed limit decreases by 20 or more miles per hour.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.21 of the Revised Code be amended to read as follows:
Sec. 4511.21. (A) No person shall operate a motor
vehicle,
trackless trolley, or streetcar at a speed greater or
less than is
reasonable or proper, having due regard to the
traffic, surface,
and width of the street or highway and any
other conditions, and
no person shall drive any motor vehicle,
trackless trolley, or
streetcar in and upon any street or highway
at a greater speed
than will permit the person to bring it
to a stop within the
assured clear distance ahead. (B) It is prima-facie lawful, in the absence of a lower
limit declared or established pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following: (1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(9) and (10) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in
which
the school zone speed limit is in effect. (b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone. (c) As used in this section, "school zone" means that
portion of a street or highway passing a school fronting upon the
street or highway that is encompassed by projecting the school
property lines to the fronting street or highway, and also
includes that portion of a state highway. Upon request from
local
authorities for streets and highways under their
jurisdiction and
that portion of a state highway under the
jurisdiction of the
director of transportation, the director may
extend the
traditional school zone boundaries. The distances in
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed
three hundred feet per approach per direction and are
bounded by
whichever of the following distances or combinations
thereof the
director approves as most appropriate: (i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction; (ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction; (iii) The distance encompassed by the special marking of
the
pavement for a principal school pupil crosswalk plus a
distance of
three hundred feet on each approach direction of the
highway. Nothing in this section shall be construed to invalidate
the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries
are
extended as provided in divisions (B)(1)(a) and (c) of this
section. (d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code. The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of mental retardation
and developmental disabilities created pursuant to Chapter 5126.
of the Revised Code, and upon submission by the municipal
corporation, township, or county board of such engineering,
traffic, and other information as the director considers
necessary, designate a school zone on any portion of a state
route
lying within the municipal corporation, lying within the
unincorporated territory of the township, or lying adjacent to
the
property of a school that is operated by such county board,
that
includes a crosswalk customarily used by children going to
or
leaving a school during recess and opening and closing hours,
whenever the distance, as measured in a straight line, from the
school property line nearest the crosswalk to the nearest point
of
the crosswalk is no more than one thousand three hundred
twenty
feet. Such a school zone shall include the distance
encompassed
by the crosswalk and extending three hundred feet on
each approach
direction of the state route. (2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys; (3) Thirty-five miles per hour on all state routes or
through highways within municipal corporations outside business
districts, except as provided in divisions (B)(4) and (6) of this
section; (4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations; (5) Fifty-five miles per hour on highways outside
municipal corporations, other than highways within island jurisdictions as provided in division (B)(8) of this section and freeways as provided in
division (B)(13) of this section; (6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section; (7) Fifteen miles per hour on all alleys within the
municipal corporation; (8) Thirty-five miles per hour on highways outside municipal corporations that are within an island jurisdiction; (9) Fifty-five miles per hour at all times on freeways
with
paved shoulders inside municipal corporations, other than
freeways
as provided in division (B)(13) of this section; (10) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided
in
division (B)(13) of this section; (11) Fifty-five miles per hour at all times on all
portions
of freeways that are part of the interstate system and on all
portions
of freeways
that are not part of the
interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system
for
operators of any motor vehicle
weighing in excess of eight
thousand pounds empty weight and any
noncommercial bus; (12) Fifty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of freeways that
are part of the interstate system
and that had such a speed limit
established prior to
October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate
system and that had such a speed limit established
prior to
October 1, 1995, unless a higher speed limit
is
established under division (L) of this
section; (13) Sixty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of the following: (a) Freeways that are part of the interstate system
and that
had such a speed limit established prior to
October 1, 1995, and
freeways that are not
part of the interstate system, but are built
to the standards and
specifications that are applicable to
freeways that are part of the interstate
system and that had such
a speed limit established prior to
October 1, 1995; (b) Freeways that are part of the interstate system
and
freeways that are not part of the interstate system but are built
to the
standards and specifications that are applicable to
freeways that are part of
the interstate system, and that had such
a speed limit established under
division (L) of this section; (c) Rural, divided, multi-lane highways
that are designated
as part of the national highway system under the
"National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103,
and that had such a speed limit established under division
(M) of
this section. (C) It is prima-facie unlawful for any person to exceed
any
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4),
(6), (7), and (8) of this section, or any declared or established pursuant to
this
section by the director or local authorities and it is
unlawful
for any person to exceed any of the speed
limitations
in division
(D) of this section. No person shall be convicted of
more than
one violation of this section for the same conduct,
although
violations of more than one provision of this section
may be
charged in the alternative in a single affidavit. (D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows: (1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in division (B)(13) of this
section; (2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in division (B)(13) of this section
except as
otherwise provided in division (D)(3) of this section; (3) If a motor vehicle weighing in excess of eight
thousand
pounds empty weight or a noncommercial bus as prescribed
in
division (B)(11) of this section, at a speed exceeding
fifty-five
miles per hour upon a freeway as provided in that
division; (4) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit of not more than
sixty-five miles per hour pursuant to
division
(L)(2) or (M) of this section; (5) At a speed exceeding sixty-five miles per hour upon a
freeway for
which such a speed limit has been established through
the operation of
division
(L)(3) of this section; (6) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit pursuant to division
(I)(2) of this section. (E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges
made
in reliance upon division (C) of this section also the speed
which
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a
limit
declared or established pursuant to, this section declares or establishes is prima-facie
lawful
at the time and place of such alleged violation, except
that in
affidavits where a person is alleged to have driven at a
greater
speed than will permit the person to bring the
vehicle to a stop
within the assured clear distance ahead the affidavit and warrant
need not specify the speed at which the defendant is alleged to
have driven. (F) When a speed in excess of both a prima-facie
limitation
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of
this
section is alleged, the defendant shall be charged in a
single
affidavit, alleging a single act, with a violation
indicated of
both division (B)(1)(a), (2), (3), (4), (6), (7), or (8)
of this
section, or of a limit declared or established pursuant to this section
by the
director or local authorities, and of the limitation in
division
(D)(1), (2), (3), (4), (5),
or (6) of this section. If
the court finds a violation of
division (B)(1)(a), (2), (3), (4),
(6), (7), or (8) of, or a limit
declared or established pursuant to, this section has
occurred, it shall enter a
judgment of conviction under such
division and dismiss the charge
under division (D)(1), (2), (3),
(4), (5), or (6) of this section. If it
finds no
violation of
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of,
or a limit
declared or established pursuant to, this section, it shall then
consider whether
the evidence supports a conviction under
division (D)(1), (2),
(3), (4),
(5), or (6) of this section. (G) Points shall be assessed for violation of a limitation
under division (D) of this section
in accordance with section
4510.036
of the Revised Code. (H) Whenever the director determines
upon the basis of a
geometric and traffic
characteristic study that
any speed limit
set forth in divisions (B)(1)(a) to (D) of this
section is greater
or less than is reasonable or safe under the
conditions found to
exist at any portion of a street or highway under the
jurisdiction
of the director, the director shall determine and
declare a
reasonable and safe prima-facie speed limit, which
shall be
effective when appropriate signs giving notice of it are
erected
at the
location. (I)(1) Except as provided in divisions
(I)(2) and (K) of
this section,
whenever local authorities determine upon the basis
of an
engineering and traffic investigation that the speed
permitted by
divisions (B)(1)(a) to (D) of this section, on any
part of a
highway under their jurisdiction, is greater than is
reasonable
and safe under the conditions found to exist at such
location,
the local authorities may by resolution request the
director to
determine and declare a reasonable and safe
prima-facie speed
limit. Upon receipt of such request the
director may determine
and declare a reasonable and safe
prima-facie speed limit at such
location, and if the director does
so, then such declared speed
limit shall become effective only
when appropriate signs giving
notice thereof are erected at such
location by the local
authorities. The director may withdraw the
declaration of
a
prima-facie speed limit whenever in the
director's opinion
the altered
prima-facie speed becomes
unreasonable. Upon
such withdrawal,
the declared prima-facie
speed shall become ineffective and the
signs relating thereto
shall be immediately removed by the local
authorities. (2) A local authority may determine on the basis of a
geometric
and traffic characteristic study that the speed limit of
sixty-five miles per
hour on a portion of a freeway under its
jurisdiction that was established
through the operation of
division (L)(3) of
this section is greater than is reasonable or
safe under the conditions found
to exist at that portion of the
freeway. If the local authority makes such a
determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than
fifty-five miles per hour for that portion of the
freeway. If the director
takes such action, the declared speed
limit becomes effective only when
appropriate signs giving notice
of it are erected at such location by the
local authority. (J) Local authorities in their respective jurisdictions
may
authorize by ordinance higher prima-facie speeds than those
stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour. Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval
of
any altered prima-facie speed limits whenever in the
director's
opinion
any altered prima-facie speed becomes unreasonable, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities. (K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this section, "unimproved highway" means a highway consisting of
any of the following: (b) Unimproved graded and drained earth;
(2) Except as otherwise provided in divisions (K)(4) and
(5)
of this section, whenever (a) Whenever a board of township trustees
determines
upon the basis of an engineering and traffic
investigation that
the speed permitted by division (B)(5) of this
section on any part
of an unimproved a highway under its
jurisdiction and in the
unincorporated territory of the township
is greater or less than is
reasonable or safe under the conditions found
to exist at the
location, the board may by resolution declare a
reasonable and
safe prima-facie speed limit of fifty-five but not
less than
twenty-five miles per hour. An altered speed limit
adopted by a
board of township trustees under this division (K) of this section
becomes effective
when appropriate traffic control devices, as
prescribed in section
4511.11 of the Revised Code, giving notice
thereof are erected at
the location, which shall be no sooner
than sixty days after
adoption of the resolution.
(3)(a)(b)(i) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division (K) of this section becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be (ii) In the case of an unimproved highway
and for which the board has adopted an altered prima-facie speed limit
pursuant to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall
be immediately removed.
(4)(a)(2) If the boundary of two townships rests on the
centerline of an unimproved a highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the
townships determine, upon the basis of an engineering and
traffic
investigation, that the speed permitted by division
(B)(5) of this
section is greater or less than is reasonable or safe
under the conditions
found to exist at the location and both
boards agree upon a
reasonable and safe prima-facie speed limit
of less than
fifty-five but not less than twenty-five miles per
hour for that
location. If both boards so agree, each shall
follow the
procedure specified in division (K)(2)(1)(a) of this section
for
altering the prima-facie speed limit on the highway. Except
as
otherwise provided in division (K)(4)(b) of this section, no No
speed
limit altered pursuant to division (K)(4)(a)(2) of this
section may
be withdrawn unless the boards of township trustees
of both
townships determine that the altered prima-facie speed
limit
previously adopted becomes unreasonable and each board
adopts a
resolution withdrawing the altered prima-facie speed
limit
pursuant to the procedure specified in division (K)(3)(a)(1)(b)(i) or (ii)
of this
section, as applicable.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards
shall,
by resolution, withdraw the altered prima-facie speed
limit as
soon as the highway ceases to be unimproved. Upon the
adoption of
the resolution, the altered prima-facie speed limit
becomes
ineffective and the traffic control devices relating
thereto shall
be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
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, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis
of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions
thereof
at the entrances to which vehicular traffic from the
majority of
intersecting highways is required to yield the
right-of-way to
vehicles on such highways in obedience to stop or
yield signs or
traffic control signals, is greater than is
reasonable and safe
under the conditions found to exist at the
location, the board may
by resolution declare a reasonable and
safe prima-facie speed
limit of less than fifty-five but not less
than twenty-five miles
per hour at the location. An altered
speed limit adopted by a
board of township trustees under this
division shall become
effective when appropriate signs giving
notice thereof are erected
at the location by the township.
Whenever, in the opinion of a
board of township trustees, any
altered prima-facie speed limit
established by it under this
division becomes unreasonable, it may
adopt a resolution
withdrawing the altered prima-facie speed, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township.
(3) Upon request of a board of township trustees, the county engineer shall conduct the engineering and traffic investigation required by division (K) of this section to alter a speed limit. Upon concluding the investigation, the county engineer may make a written recommendation of a reasonable and safe speed limit. (L)(1) Within one
hundred twenty days of
February 29, 1996,
the director of
transportation, based upon a
geometric and traffic
characteristic
study of a
freeway that is
part of the interstate
system or that
is not part of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system, in consultation
with the
director of public
safety and, if applicable, the local
authority
having jurisdiction
over a portion of such freeway, may
determine
and declare
that the
speed limit of less than sixty-five
miles per
hour established on
such
freeway or portion of freeway
either is
reasonable and safe
or is less than
that which is
reasonable and
safe. (2) If the established speed limit for such a freeway or
portion of
freeway is determined to be less than that which is
reasonable and safe, the
director of transportation, in
consultation with the director of public safety
and, if
applicable, the local authority having jurisdiction over the
portion
of
freeway, shall determine and declare a reasonable and
safe speed limit of not
more than sixty-five miles per hour for
that freeway or portion of freeway. The director of transportation or local authority having
jurisdiction
over the freeway or portion of freeway shall erect
appropriate signs giving
notice of the speed limit at such
location within
one hundred fifty days of
February 29, 1996.
Such
speed
limit becomes
effective only when such
signs are
erected at
the location. (3) If, within one hundred twenty days of
February 29,
1996, the director of
transportation does not make a
determination
and
declaration of a
reasonable and safe speed limit
for a freeway
or portion of
freeway that is part of the interstate
system or
that is not part
of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system and that has a
speed limit of
less than
sixty-five miles per hour, the speed
limit on that
freeway or
portion of a freeway shall be sixty-five
miles per
hour. The
director of transportation or local authority
having
jurisdiction
over the
freeway or portion of the freeway
shall
erect appropriate
signs giving notice
of the speed limit of
sixty-five miles per
hour at such location within one
hundred
fifty days of
February 29, 1996. Such speed
limit
becomes
effective only when such signs are erected at the
location. A
speed
limit established through the operation of
division
(L)(3)
of this section is subject to reduction
under
division (I)(2) of
this section. (M) Within three hundred sixty days
after
February 29,
1996, the director of
transportation,
based upon a
geometric and
traffic characteristic
study of a rural, divided,
multi-lane
highway that has been
designated as part of the
national highway
system under the
"National
Highway
System
Designation
Act of
1995," 109
Stat. 568,
23
U.S.C.A.
103, in
consultation with the
director of public
safety and, if
applicable,
the
local authority
having jurisdiction
over a portion
of the highway, may
determine
and declare that the
speed limit of
less than sixty-five miles per
hour established on
the highway or
portion of highway either is
reasonable and
safe or
is less than
that which is reasonable and
safe. If the established speed limit for the highway or portion of
highway is
determined to be less than that which is reasonable and
safe, the director of
transportation, in consultation with the
director of public safety and, if
applicable, the local authority
having jurisdiction over the portion of
highway, shall determine
and declare a reasonable and safe speed limit of not
more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the
highway or portion of highway shall erect
appropriate signs giving notice of
the speed limit at such
location within three hundred ninety days after
February 29,
1996. The speed limit becomes
effective only when
such signs are
erected at the location. (N)(1)(a) If the boundary of two local authorities rests on the centerline of a highway and both authorities have jurisdiction over the highway, the speed limit for the part of the highway within their joint jurisdiction shall be either one of the following as agreed to by both authorities: (i) Either prima-facie speed limit permitted by division (B) of this section; (ii) An altered speed limit determined and posted in accordance with this section. (b) If the local authorities are unable to reach an agreement, the speed limit shall remain as established and posted under this section. (2) Neither local authority may declare an altered prima-facie speed limit pursuant to this section on the part of the highway under their joint jurisdiction unless both of the local authorities determine, upon the basis of an engineering and traffic investigation, that the speed permitted by this section is greater than is reasonable or safe under the conditions found to exist at the location and both authorities agree upon a uniform reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour for that location. If both authorities so agree, each shall follow the procedure specified in this section for altering the prima-facie speed limit on the highway, and the speed limit for the part of the highway within their joint jurisdiction shall be uniformly altered. No altered speed limit may be withdrawn unless both local authorities determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in this section. (O) At any location on a state highway where the posted speed limit decreases by twenty or more miles per hour, the director of transportation shall establish a speed transition zone consisting, at a minimum, of the preceding one thousand feet. The speed limit for the speed transition zone shall be ten miles per hour more than the speed limit to which the posted speed limit decreases by twenty or more miles per hour. A reduced speed limit established by the director pursuant to this division becomes effective when the department of transportation erects appropriate signs giving notice thereof on the state highway. (P) As used in this section: (1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101. (2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation
of persons for compensation. (3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization. (4) "Unimproved highway" means a highway consisting of unimproved earth, unimproved graded and drained earth, or gravel. (P)(Q)(1) A violation of any provision of this section
is one
of the following:
(a) Except as otherwise provided in divisions
(P)(Q)(1)(b),
(1)(c), (2), and
(3) 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 two
violations of any provision of
this section or of any provision of
a municipal ordinance that is
substantially similar to any
provision of 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 three or
more violations
of any
provision of this section or of any
provision of a municipal ordinance that is
substantially similar
to any provision of this section, a misdemeanor of the
third
degree. (2) If the offender has not previously been convicted of or
pleaded guilty
to a violation of any provision of this section or
of any provision of a
municipal ordinance that is substantially
similar to this section and operated
a motor vehicle faster than
thirty-five
miles an hour in a business district of a municipal
corporation,
faster than fifty miles an hour in other portions of
a municipal
corporation, or faster than thirty-five miles an hour
in a school
zone during recess or while children are going to or
leaving
school during the school's opening or closing hours, a
misdemeanor of the
fourth degree. (3) Notwithstanding division (P)(Q)(1) of this section, if the
offender 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 upon the offender 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 if the offender 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
and if the court determines that
the offender is an indigent person
and unable to pay the fine.
Section 2. That existing section 4511.21 of the Revised Code is hereby repealed.
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