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

To amend sections 4501.01, 4509.01, 4511.01, and

1

4511.99 and to enact section 4511.512 of the

2

Revised Code to exempt electric personal assistive

3

mobility devices from the definition of "vehicle"

4

in the motor vehicle and traffic laws and to permit

5

their operation on sidewalks, bikeways, and public

6

streets and highways, subject to certain

7

restrictions.

8

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

Section 1. That sections 4501.01, 4509.01, 4511.01, and	9
4511.99 be amended and section 4511.512 of the Revised Code be	10
enacted to read as follows:	11

Sec. 4501.01.  As used in this chapter and Chapters 4503.,	12
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the	13
Revised Code, and in the penal laws, except as otherwise	14
provided:	15

(A) "Vehicles" means everything on wheels or runners,	16
including motorized bicycles, but does not mean electric personal	17
assistive mobility devices, vehicles that are operated	18
exclusively on rails or tracks or from overhead electric trolley	19
wires, and vehicles that belong to any police department,	20
municipal fire department, or volunteer fire department, or that	21
are used by such a department in the discharge of its functions.	22

(B) "Motor vehicle" means any vehicle, including mobile	23
homes and recreational vehicles, that is propelled or drawn by	24
power other than muscular power or power collected from overhead	25
electric trolley wires. "Motor vehicle" does not include	26
motorized bicycles, road rollers, traction engines, power	27
shovels, power cranes, and other equipment used in construction	28
work and not designed for or employed in general highway	29
transportation, well-drilling machinery, ditch-digging	30
machinery, farm machinery, trailers that are used to transport	31
agricultural produce or agricultural production materials	32
between a local place of storage or supply and the farm when	33
drawn or towed on a public road or highway at a speed of	34
twenty-five miles per hour or less, threshing machinery,	35
hay-baling machinery, corn sheller, hammermill and agricultural	36
tractors, machinery used in the production of horticultural,	37
agricultural, and vegetable products, and trailers that are	38
designed and used exclusively to transport a boat between a	39
place of storage and a marina, or in and around a marina, when	40
drawn or towed on a public road or highway for a distance of no	41
more than ten miles and at a speed of twenty-five miles per hour	42
or less.	43

(C) "Agricultural tractor" and "traction engine" mean any	44
self-propelling vehicle that is designed or used for drawing other	45
vehicles or wheeled machinery, but has no provisions for carrying	46
loads independently of such other vehicles, and that is used	47
principally for agricultural purposes.	48

(D) "Commercial tractor," except as defined in division (C)	49
of this section, means any motor vehicle that has motive power	50
and either is designed or used for drawing other motor vehicles,	51
or is designed or used for drawing another motor vehicle while	52
carrying a portion of the other motor vehicle or its load, or	53
both.	54

(E) "Passenger car" means any motor vehicle that is designed	55
and used for carrying not more than nine persons and includes any	56
motor vehicle that is designed and used for carrying not more	57
than fifteen persons in a ridesharing arrangement.	58

(F) "Collector's vehicle" means any motor vehicle or	59
agricultural tractor or traction engine that is of special	60
interest, that has a fair market value of one hundred dollars or	61
more, whether operable or not, and that is owned, operated,	62
collected, preserved, restored, maintained, or used essentially	63
as a collector's item, leisure pursuit, or investment, but not	64
as the owner's principal means of transportation. "Licensed	65
collector's vehicle" means a collector's vehicle, other than an	66
agricultural tractor or traction engine, that displays current,	67
valid license tags issued under section 4503.45 of the Revised	68
Code, or a similar type of motor vehicle that displays current,	69
valid license tags issued under substantially equivalent	70
provisions in the laws of other states.	71

(G) "Historical motor vehicle" means any motor vehicle that	72
is over twenty-five years old and is owned solely as a	73
collector's item and for participation in club activities,	74
exhibitions, tours, parades, and similar uses, but that in no	75
event is used for general transportation.	76

(H) "Noncommercial motor vehicle" means any motor vehicle,	77
including a farm truck as defined in section 4503.04 of the	78
Revised Code, that is designed by the manufacturer to carry a load	79
of no more than one ton and is used exclusively for purposes	80
other than engaging in business for profit.	81

(I) "Bus" means any motor vehicle that has motor power and	82
is designed and used for carrying more than nine passengers,	83
except any motor vehicle that is designed and used for carrying	84
not more than fifteen passengers in a ridesharing arrangement.	85

(J) "Commercial car" or "truck" means any motor vehicle	86
that has motor power and is designed and used for carrying	87
merchandise or freight, or that is used as a commercial tractor.	88

(K) "Bicycle" means every device, other than a tricycle	89
that is designed solely for use as a play vehicle by a child,	90
that is propelled solely by human power upon which any person	91
may ride, and that has either two tandem wheels, or one wheel in	92
front and two wheels in the rear, any of which is more than	93
fourteen inches in diameter.	94

(L) "Motorized bicycle" means any vehicle that either has	95
two tandem wheels or one wheel in the front and two wheels in	96
the rear, that is capable of being pedaled, and that is equipped	97
with a helper motor of not more than fifty cubic centimeters	98
piston displacement that produces no more than one brake	99
horsepower and is capable of propelling the vehicle at a speed of	100
no greater than twenty miles per hour on a level surface.	101

(M) "Trailer" means any vehicle without motive power that	102
is designed or used for carrying property or persons wholly on	103
its own structure and for being drawn by a motor vehicle, and	104
includes any such vehicle that is formed by or operated as a	105
combination of a semitrailer and a vehicle of the dolly type such	106
as that commonly known as a trailer dolly, a vehicle used to	107
transport agricultural produce or agricultural production	108
materials between a local place of storage or supply and the farm	109
when drawn or towed on a public road or highway at a speed	110
greater than twenty-five miles per hour, and a vehicle that is	111
designed and used exclusively to transport a boat between a	112
place of storage and a marina, or in and around a marina, when	113
drawn or towed on a public road or highway for a distance of	114
more than ten miles or at a speed of more than twenty-five miles	115
per hour. "Trailer" does not include a manufactured home or	116
travel trailer.	117

(N) "Noncommercial trailer" means any trailer, except a	118
travel trailer or trailer that is used to transport a boat as	119
described in division (B) of this section, but, where applicable,	120
includes a vehicle that is used to transport a boat as described	121
in division (M) of this section, that has a gross weight of no	122
more than three thousand pounds, and that is used exclusively for	123
purposes other than engaging in business for a profit.	124

(O) "Mobile home" means a building unit or assembly of	125
closed construction that is fabricated in an off-site facility,	126
is more than thirty-five body feet in length or, when erected	127
on site, is three hundred twenty or more square feet, is built	128
on a permanent chassis, is transportable in one or more	129
sections, and does not qualify as a manufactured home as	130
defined in division (C)(4) of section 3781.06 of the Revised	131
Code or as an industrialized unit as defined in division (C)(3)	132
of section 3781.06 of the Revised Code.	133

(P) "Semitrailer" means any vehicle of the trailer type	134
that does not have motive power and is so designed or used with	135
another and separate motor vehicle that in operation a part of	136
its own weight or that of its load, or both, rests upon and is	137
carried by the other vehicle furnishing the motive power for	138
propelling itself and the vehicle referred to in this division,	139
and includes, for the purpose only of registration and taxation	140
under those chapters, any vehicle of the dolly type, such as a	141
trailer dolly, that is designed or used for the conversion of a	142
semitrailer into a trailer.	143

(Q) "Recreational vehicle" means a vehicular portable	144
structure that meets all of the following conditions:	145

(1) It is designed for the sole purpose of recreational	146
travel.	147

(2) It is not used for the purpose of engaging in business	148
for profit.	149

(3) It is not used for the purpose of engaging in intrastate	150
commerce.	151

(4) It is not used for the purpose of commerce as defined in	152
49 C.F.R. 383.5, as amended.	153

(5) It is not regulated by the public utilities commission	154
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	155

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

156

(a) "Travel trailer" means a nonself-propelled recreational	157
vehicle that does not exceed an overall length of thirty-five	158
feet, exclusive of bumper and tongue or coupling, and contains	159
less than three hundred twenty square feet of space when erected	160
on site. "Travel trailer" includes a tent-type fold-out camping	161
trailer as defined in section 4517.01 of the Revised Code.	162

(b) "Motor home" means a self-propelled recreational	163
vehicle that has no fifth wheel and is constructed with	164
permanently installed facilities for cold storage, cooking and	165
consuming of food, and for sleeping.	166

(c) "Truck camper" means a nonself-propelled recreational	167
vehicle that does not have wheels for road use and is designed to	168
be placed upon and attached to a motor vehicle. "Truck camper"	169
does not include truck covers that consist of walls and a roof,	170
but do not have floors and facilities enabling them to be used as	171
a dwelling.	172

(d) "Fifth wheel trailer" means a vehicle that is of such	173
size and weight as to be movable without a special highway	174
permit, that has a gross trailer area of four hundred square	175
feet or less, that is constructed with a raised forward section	176
that allows a bi-level floor plan, and that is designed to be	177
towed by a vehicle equipped with a fifth-wheel hitch ordinarily	178
installed in the bed of a truck.	179

(e) "Park trailer" means a vehicle that is commonly known as	180
a park model recreational vehicle, meets the American national	181
standard institute standard A119.5 (1988) for park trailers, is	182
built on a single chassis, has a gross trailer area of four	183
hundred square feet or less when set up, is designed for seasonal	184
or temporary living quarters, and may be connected to utilities	185
necessary for the operation of installed features and appliances.	186

(R) "Pneumatic tires" means tires of rubber and fabric or	187
tires of similar material, that are inflated with air.	188

(S) "Solid tires" means tires of rubber or similar elastic	189
material that are not dependent upon confined air for support of	190
the load.	191

(T) "Solid tire vehicle" means any vehicle that is equipped	192
with two or more solid tires.	193

(U) "Farm machinery" means all machines and tools that are	194
used in the production, harvesting, and care of farm products,	195
and includes trailers that are used to transport agricultural	196
produce or agricultural production materials between a local	197
place of storage or supply and the farm when drawn or towed on a	198
public road or highway at a speed of twenty-five miles per hour	199
or less.	200

(V) "Owner" includes any person or firm, other than a	201
manufacturer or dealer, that has title to a motor vehicle,	202
except that, in sections 4505.01 to 4505.19 of the Revised Code,	203
"owner" includes in addition manufacturers and dealers.	204

(W) "Manufacturer" and "dealer" include all persons and	205
firms that are regularly engaged in the business of	206
manufacturing, selling, displaying, offering for sale, or dealing	207
in motor vehicles, at an established place of business that is	208
used exclusively for the purpose of manufacturing, selling,	209
displaying, offering for sale, or dealing in motor vehicles. A	210
place of business that is used for manufacturing, selling,	211
displaying, offering for sale, or dealing in motor vehicles shall	212
be deemed to be used exclusively for those purposes even though	213
snowmobiles or all-purpose vehicles are sold or displayed for	214
sale thereat, even though farm machinery is sold or displayed	215
for sale thereat, or even though repair, accessory, gasoline	216
and oil, storage, parts, service, or paint departments are	217
maintained thereat, or, in any county having a population of	218
less than seventy-five thousand at the last federal census,	219
even though a department in a place of business is used to	220
dismantle, salvage, or rebuild motor vehicles by means of used	221
parts, if such departments are operated for the purpose of	222
furthering and assisting in the business of manufacturing,	223
selling, displaying, offering for sale, or dealing in motor	224
vehicles. Places of business or departments in a place of	225
business used to dismantle, salvage, or rebuild motor vehicles	226
by means of using used parts are not considered as being	227
maintained for the purpose of assisting or furthering the	228
manufacturing, selling, displaying, and offering for sale or	229
dealing in motor vehicles.	230

(X) "Operator" includes any person who drives or operates a	231
motor vehicle upon the public highways.	232

(Y) "Chauffeur" means any operator who operates a motor	233
vehicle, other than a taxicab, as an employee for hire; or any	234
operator whether or not the owner of a motor vehicle, other than	235
a taxicab, who operates such vehicle for transporting, for gain,	236
compensation, or profit, either persons or property owned by	237
another. Any operator of a motor vehicle who is voluntarily	238
involved in a ridesharing arrangement is not considered an	239
employee for hire or operating such vehicle for gain,	240
compensation, or profit.	241

(Z) "State" includes the territories and federal districts	242
of the United States, and the provinces of Canada.	243

(AA) "Public roads and highways" for vehicles includes all	244
public thoroughfares, bridges, and culverts.	245

(BB) "Manufacturer's number" means the manufacturer's	246
original serial number that is affixed to or imprinted upon the	247
chassis or other part of the motor vehicle.	248

(CC) "Motor number" means the manufacturer's original	249
number that is affixed to or imprinted upon the engine or motor	250
of the vehicle.	251

(DD) "Distributor" means any person who is authorized by a	252
motor vehicle manufacturer to distribute new motor vehicles to	253
licensed motor vehicle dealers at an established place of	254
business that is used exclusively for the purpose of	255
distributing new motor vehicles to licensed motor vehicle	256
dealers, except when the distributor also is a new motor vehicle	257
dealer, in which case the distributor may distribute at the	258
location of the distributor's licensed dealership.	259

(EE) "Ridesharing arrangement" means the transportation of	260
persons in a motor vehicle where the transportation is incidental	261
to another purpose of a volunteer driver and includes ridesharing	262
arrangements known as carpools, vanpools, and buspools.	263

(FF) "Apportionable vehicle" means any vehicle that is used	264
or intended for use in two or more international registration	265
plan member jurisdictions that allocate or proportionally	266
register vehicles, that is used for the transportation of persons	267
for hire or designed, used, or maintained primarily for the	268
transportation of property, and that meets any of the following	269
qualifications:	270

(1) Is a power unit having a gross vehicle weight in excess	271
of twenty-six thousand pounds;	272

(2) Is a power unit having three or more axles, regardless	273
of the gross vehicle weight;	274

(3) Is a combination vehicle with a gross vehicle weight in	275
excess of twenty-six thousand pounds.	276

"Apportionable vehicle" does not include recreational	277
vehicles, vehicles displaying restricted plates, city pick-up and	278
delivery vehicles, buses used for the transportation of chartered	279
parties, or vehicles owned and operated by the United States,	280
this state, or any political subdivisions thereof.	281

(GG) "Chartered party" means a group of persons who	282
contract as a group to acquire the exclusive use of a	283
passenger-carrying motor vehicle at a fixed charge for the	284
vehicle in accordance with the carrier's tariff, lawfully on file	285
with the United States department of transportation, for the	286
purpose of group travel to a specified destination or for a	287
particular itinerary, either agreed upon in advance or modified	288
by the chartered group after having left the place of origin.	289

(HH) "International registration plan" means a reciprocal	290
agreement of member jurisdictions that is endorsed by the	291
American association of motor vehicle administrators, and that	292
promotes and encourages the fullest possible use of the highway	293
system by authorizing apportioned registration of fleets of	294
vehicles and recognizing registration of vehicles apportioned in	295
member jurisdictions.	296

(II) "Restricted plate" means a license plate that has a	297
restriction of time, geographic area, mileage, or commodity, and	298
includes license plates issued to farm trucks under division (K)	299
of section 4503.04 of the Revised Code.	300

(JJ) "Gross vehicle weight," with regard to any commercial	301
car, trailer, semitrailer, or bus that is taxed at the rates	302
established under section 4503.042 of the Revised Code, means the	303
unladen weight of the vehicle fully equipped plus the maximum	304
weight of the load to be carried on the vehicle.	305

(KK) "Combined gross vehicle weight" with regard to any	306
combination of a commercial car, trailer, and semitrailer, that	307
is taxed at the rates established under section 4503.042 of the	308
Revised Code, means the total unladen weight of the combination	309
of vehicles fully equipped plus the maximum weight of the load to	310
be carried on that combination of vehicles.	311

(LL) "Chauffeured limousine" means a motor vehicle that is	312
designed to carry nine or fewer passengers and is operated for	313
hire on an hourly basis pursuant to a prearranged contract for	314
the transportation of passengers on public roads and highways	315
along a route under the control of the person hiring the vehicle	316
and not over a defined and regular route. "Prearranged contract"	317
means an agreement, made in advance of boarding, to provide	318
transportation from a specific location in a chauffeured	319
limousine at a fixed rate per hour or trip. "Chauffeured	320
limousine" does not include any vehicle that is used exclusively	321
in the business of funeral directing.	322

(MM) "Manufactured home" has the same meaning as in	323
division (C)(4) of section 3781.06 of the Revised Code.	324

(NN) "Acquired situs," with respect to a manufactured home	325
or a mobile home, means to become located in this state by the	326
placement of the home on real property, but does not include the	327
placement of a manufactured home or a mobile home in the	328
inventory of a new motor vehicle dealer or the inventory of a	329
manufacturer, remanufacturer, or distributor of manufactured or	330
mobile homes.	331

(OO) "Electronic" includes electrical, digital, magnetic,	332
optical, electromagnetic, or any other form of technology that	333
entails capabilities similar to these technologies.	334

(PP) "Electronic record" means a record generated,	335
communicated, received, or stored by electronic means for use in	336
an information system or for transmission from one information	337
system to another.	338

(QQ) "Electronic signature" means a signature in electronic	339
form attached to or logically associated with an electronic	340
record.	341

(RR) "Financial transaction device" has the same meaning as	342
in division (A) of section 113.40 of the Revised Code.	343

(SS) "Electronic motor vehicle dealer" means a motor vehicle	344
dealer licensed under Chapter 4517. of the Revised Code whom the	345
registrar of motor vehicles determines meets the criteria	346
designated in section 4503.035 of the Revised Code for electronic	347
motor vehicle dealers and designates as an electronic motor	348
vehicle dealer under that section.	349

(TT) "Electric personal assistive mobility device" means a	350
self-balancing two non-tandem wheeled device that is designed to	351
transport only one person, has an electric propulsion system of an	352
average of seven hundred fifty watts, and when ridden on a paved	353
level surface by an operator who weighs one hundred seventy pounds	354
has a maximum speed of less than twenty miles per hour.	355

Sec. 4509.01.  As used in sections 4509.01 to 4509.78 of the	356
Revised Code:	357

(A) "Person" includes every natural person, firm,	358
partnership, association, or corporation.	359

(B) "Driver" means every person who drives or is in actual	360
physical control of a motor vehicle.	361

(C) "License" includes any license, permit, or privilege to	362
operate a motor vehicle issued under the laws of this state	363
including:	364

(1) Any temporary instruction permit or examiner's driving	365
permit;	366

(2) The privilege of any person to drive a motor vehicle	367
whether or not such person holds a valid license;	368

(3) Any nonresident's operating privilege.

369

(D) "Owner" means a person who holds the legal title of a	370
motor vehicle. If a motor vehicle is the subject of a lease with	371
an immediate right of possession vested in the lessee, the lessee	372
is the owner. A person listed as the owner on a certificate of	373
title on which there is a notation of a security interest is the	374
owner. A buyer or other transferee of a motor vehicle who	375
receives the certificate of title from the seller or transferor	376
listing the seller or transferor thereon as the owner with an	377
assignment of title to the buyer or transferee nonetheless is the	378
owner even though a subsequent certificate of title has not been	379
issued listing the buyer or transferee as the owner.	380

(E) "Registration" means registration certificates and	381
registration plates issued under the laws of this state pertaining	382
to the registration of motor vehicles.	383

(F) "Nonresident" means every person who is not a resident	384
of this state.	385

(G) "Nonresident's operating privilege" means the privilege	386
conferred upon a nonresident by the laws of this state pertaining	387
to the operation by such person of a motor vehicle, or the use of	388
a motor vehicle owned by such person, in this state.	389

(H) "Vehicle" means every device by which any person or	390
property may be transported upon a highway, except electric	391
personal assistive mobility devices, devices moved by power	392
collected from overhead electric trolley wires, or used	393
exclusively upon stationary rails or tracks, and except devices	394
other than bicycles moved by human power.	395

(I) "Motor vehicle" means every vehicle propelled by power	396
other than muscular power or power collected from overhead	397
electric trolley wires, except motorized bicycles, road rollers,	398
traction engines, power shovels, power cranes and other equipment	399
used in construction work and not designed for or employed in	400
general highway transportation, hole-digging machinery,	401
well-drilling machinery, ditch-digging machinery, farm machinery,	402
threshing machinery, hay baling machinery, and agricultural	403
tractors and machinery used in the production of horticultural,	404
floricultural, agricultural, and vegetable products.	405

(J) "Accident" or "motor vehicle accident" means any	406
accident involving a motor vehicle which results in bodily injury	407
to or death of any person, or damage to the property of any person	408
in excess of four hundred dollars.	409

(K) "Proof of financial responsibility" means proof of	410
ability to respond in damages for liability, on account of	411
accidents occurring subsequent to the effective date of such	412
proof, arising out of the ownership, maintenance, or use of a	413
motor vehicle in the amount of twelve thousand five hundred	414
dollars because of bodily injury to or death of one person in any	415
one accident, in the amount of twenty-five thousand dollars	416
because of bodily injury to or death of two or more persons in any	417
one accident, and in the amount of seven thousand five hundred	418
dollars because of injury to property of others in any one	419
accident.	420

(L) "Motor-vehicle liability policy" means an "owner's	421
policy" or an "operator's policy" of liability insurance,	422
certified as provided in section 4509.46 or 4509.47 of the Revised	423
Code as proof of financial responsibility, and issued, except as	424
provided in section 4509.47 of the Revised Code, by an insurance	425
carrier authorized to do business in this state, to or for the	426
benefit of the person named therein as insured.	427

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	428
of the Revised Code:	429

(A) "Vehicle" means every device, including a motorized	430
bicycle, in, upon, or by which any person or property may be	431
transported or drawn upon a highway, except motorized wheelchairs,	432
electric personal assistive mobility devices, devices moved by	433
power collected from overhead electric trolley wires, or used	434
exclusively upon stationary rails or tracks, and devices other	435
than bicycles moved by human power.	436

(B) "Motor vehicle" means every vehicle propelled or drawn	437
by power other than muscular power or power collected from	438
overhead electric trolley wires, except motorized bicycles, road	439
rollers, traction engines, power shovels, power cranes, and other	440
equipment used in construction work and not designed for or	441
employed in general highway transportation, hole-digging	442
machinery, well-drilling machinery, ditch-digging machinery, farm	443
machinery, trailers used to transport agricultural produce or	444
agricultural production materials between a local place of storage	445
or supply and the farm when drawn or towed on a street or highway	446
at a speed of twenty-five miles per hour or less, threshing	447
machinery, hay-baling machinery, agricultural tractors and	448
machinery used in the production of horticultural, floricultural,	449
agricultural, and vegetable products, and trailers designed and	450
used exclusively to transport a boat between a place of storage	451
and a marina, or in and around a marina, when drawn or towed on a	452
street or highway for a distance of no more than ten miles and at	453
a speed of twenty-five miles per hour or less.	454

(C) "Motorcycle" means every motor vehicle, other than a	455
tractor, having a saddle for the use of the operator and designed	456
to travel on not more than three wheels in contact with the	457
ground, including, but not limited to, motor vehicles known as	458
"motor-driven cycle," "motor scooter," or "motorcycle" without	459
regard to weight or brake horsepower.	460

(D) "Emergency vehicle" means emergency vehicles of	461
municipal, township, or county departments or public utility	462
corporations when identified as such as required by law, the	463
director of public safety, or local authorities, and motor	464
vehicles when commandeered by a police officer.	465

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

466

(1) Ambulances, including private ambulance companies under	467
contract to a municipal corporation, township, or county, and	468
private ambulances and nontransport vehicles bearing license	469
plates issued under section 4503.49 of the Revised Code;	470

(2) Motor vehicles used by public law enforcement officers	471
or other persons sworn to enforce the criminal and traffic laws of	472
the state;	473

(3) Any motor vehicle when properly identified as required	474
by the director of public safety, when used in response to fire	475
emergency calls or to provide emergency medical service to ill or	476
injured persons, and when operated by a duly qualified person who	477
is a member of a volunteer rescue service or a volunteer fire	478
department, and who is on duty pursuant to the rules or directives	479
of that service. The state fire marshal shall be designated by	480
the director of public safety as the certifying agency for all	481
public safety vehicles described in division (E)(3) of this	482
section.	483

(4) Vehicles used by fire departments, including motor	484
vehicles when used by volunteer fire fighters responding to	485
emergency calls in the fire department service when identified as	486
required by the director of public safety.	487

Any vehicle used to transport or provide emergency medical	488
service to an ill or injured person, when certified as a public	489
safety vehicle, shall be considered a public safety vehicle when	490
transporting an ill or injured person to a hospital regardless of	491
whether such vehicle has already passed a hospital.	492

(5) Vehicles used by the commercial motor vehicle safety	493
enforcement unit for the enforcement of orders and rules of the	494
public utilities commission as specified in section 5503.34 of the	495
Revised Code.	496

(F) "School bus" means every bus designed for carrying more	497
than nine passengers that is owned by a public, private, or	498
governmental agency or institution of learning and operated for	499
the transportation of children to or from a school session or a	500
school function, or owned by a private person and operated for	501
compensation for the transportation of children to or from a	502
school session or a school function, provided "school bus" does	503
not include a bus operated by a municipally owned transportation	504
system, a mass transit company operating exclusively within the	505
territorial limits of a municipal corporation, or within such	506
limits and the territorial limits of municipal corporations	507
immediately contiguous to such municipal corporation, nor a common	508
passenger carrier certified by the public utilities commission	509
unless such bus is devoted exclusively to the transportation of	510
children to and from a school session or a school function, and	511
"school bus" does not include a van or bus used by a licensed	512
child day-care center or type A family day-care home to transport	513
children from the child day-care center or type A family day-care	514
home to a school if the van or bus does not have more than fifteen	515
children in the van or bus at any time.	516

(G) "Bicycle" means every device, other than a tricycle	517
designed solely for use as a play vehicle by a child, propelled	518
solely by human power upon which any person may ride having either	519
two tandem wheels, or one wheel in the front and two wheels in the	520
rear, any of which is more than fourteen inches in diameter.	521

(H) "Motorized bicycle" means any vehicle having either two	522
tandem wheels or one wheel in the front and two wheels in the	523
rear, that is capable of being pedaled and is equipped with a	524
helper motor of not more than fifty cubic centimeters piston	525
displacement that produces no more than one brake horsepower and	526
is capable of propelling the vehicle at a speed of no greater than	527
twenty miles per hour on a level surface.	528

(I) "Commercial tractor" means every motor vehicle having	529
motive power designed or used for drawing other vehicles and not	530
so constructed as to carry any load thereon, or designed or used	531
for drawing other vehicles while carrying a portion of such other	532
vehicles, or load thereon, or both.	533

(J) "Agricultural tractor" means every self-propelling	534
vehicle designed or used for drawing other vehicles or wheeled	535
machinery but having no provision for carrying loads independently	536
of such other vehicles, and used principally for agricultural	537
purposes.	538

(K) "Truck" means every motor vehicle, except trailers and	539
semitrailers, designed and used to carry property.	540

(L) "Bus" means every motor vehicle designed for carrying	541
more than nine passengers and used for the transportation of	542
persons other than in a ridesharing arrangement, and every motor	543
vehicle, automobile for hire, or funeral car, other than a taxicab	544
or motor vehicle used in a ridesharing arrangement, designed and	545
used for the transportation of persons for compensation.	546

(M) "Trailer" means every vehicle designed or used for	547
carrying persons or property wholly on its own structure and for	548
being drawn by a motor vehicle, including any such vehicle when	549
formed by or operated as a combination of a "semitrailer" and a	550
vehicle of the dolly type, such as that commonly known as a	551
"trailer dolly," a vehicle used to transport agricultural produce	552
or agricultural production materials between a local place of	553
storage or supply and the farm when drawn or towed on a street or	554
highway at a speed greater than twenty-five miles per hour, and a	555
vehicle designed and used exclusively to transport a boat between	556
a place of storage and a marina, or in and around a marina, when	557
drawn or towed on a street or highway for a distance of more than	558
ten miles or at a speed of more than twenty-five miles per hour.	559

(N) "Semitrailer" means every vehicle designed or used for	560
carrying persons or property with another and separate motor	561
vehicle so that in operation a part of its own weight or that of	562
its load, or both, rests upon and is carried by another vehicle.	563

(O) "Pole trailer" means every trailer or semitrailer	564
attached to the towing vehicle by means of a reach, pole, or by	565
being boomed or otherwise secured to the towing vehicle, and	566
ordinarily used for transporting long or irregular shaped loads	567
such as poles, pipes, or structural members capable, generally, of	568
sustaining themselves as beams between the supporting connections.	569

(P) "Railroad" means a carrier of persons or property	570
operating upon rails placed principally on a private right-of-way.	571

(Q) "Railroad train" means a steam engine or an electric or	572
other motor, with or without cars coupled thereto, operated by a	573
railroad.	574

(R) "Streetcar" means a car, other than a railroad train,	575
for transporting persons or property, operated upon rails	576
principally within a street or highway.	577

(S) "Trackless trolley" means every car that collects its	578
power from overhead electric trolley wires and that is not	579
operated upon rails or tracks.	580

(T) "Explosives" means any chemical compound or mechanical	581
mixture that is intended for the purpose of producing an explosion	582
that contains any oxidizing and combustible units or other	583
ingredients in such proportions, quantities, or packing that an	584
ignition by fire, by friction, by concussion, by percussion, or by	585
a detonator of any part of the compound or mixture may cause such	586
a sudden generation of highly heated gases that the resultant	587
gaseous pressures are capable of producing destructive effects on	588
contiguous objects, or of destroying life or limb. Manufactured	589
articles shall not be held to be explosives when the individual	590
units contain explosives in such limited quantities, of such	591
nature, or in such packing, that it is impossible to procure a	592
simultaneous or a destructive explosion of such units, to the	593
injury of life, limb, or property by fire, by friction, by	594
concussion, by percussion, or by a detonator, such as fixed	595
ammunition for small arms, firecrackers, or safety fuse matches.	596

(U) "Flammable liquid" means any liquid that has a flash	597
point of seventy degrees Fahrenheit, or less, as determined by a	598
tagliabue or equivalent closed cup test device.	599

(V) "Gross weight" means the weight of a vehicle plus the	600
weight of any load thereon.	601

(W) "Person" means every natural person, firm,	602
co-partnership, association, or corporation.	603

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

604

(Y) "Driver or operator" means every person who drives or is	605
in actual physical control of a vehicle, trackless trolley, or	606
streetcar.	607

(Z) "Police officer" means every officer authorized to	608
direct or regulate traffic, or to make arrests for violations of	609
traffic regulations.	610

(AA) "Local authorities" means every county, municipal, and	611
other local board or body having authority to adopt police	612
regulations under the constitution and laws of this state.	613

(BB) "Street" or "highway" means the entire width between	614
the boundary lines of every way open to the use of the public as a	615
thoroughfare for purposes of vehicular travel.	616

(CC) "Controlled-access highway" means every street or	617
highway in respect to which owners or occupants of abutting lands	618
and other persons have no legal right of access to or from the	619
same except at such points only and in such manner as may be	620
determined by the public authority having jurisdiction over such	621
street or highway.	622

(DD) "Private road or driveway" means every way or place in	623
private ownership used for vehicular travel by the owner and those	624
having express or implied permission from the owner but not by	625
other persons.	626

(EE) "Roadway" means that portion of a highway improved,	627
designed, or ordinarily used for vehicular travel, except the berm	628
or shoulder. If a highway includes two or more separate roadways	629
the term "roadway" means any such roadway separately but not all	630
such roadways collectively.	631

(FF) "Sidewalk" means that portion of a street between the	632
curb lines, or the lateral lines of a roadway, and the adjacent	633
property lines, intended for the use of pedestrians.	634

(GG) "Laned highway" means a highway the roadway of which is	635
divided into two or more clearly marked lanes for vehicular	636
traffic.	637

(HH) "Through highway" means every street or highway as	638
provided in section 4511.65 of the Revised Code.	639

(II) "State highway" means a highway under the jurisdiction	640
of the department of transportation, outside the limits of	641
municipal corporations, provided that the authority conferred upon	642
the director of transportation in section 5511.01 of the Revised	643
Code to erect state highway route markers and signs directing	644
traffic shall not be modified by sections 4511.01 to 4511.79 and	645
4511.99 of the Revised Code.	646

(JJ) "State route" means every highway that is designated	647
with an official state route number and so marked.	648

(KK) "Intersection" means:

649

(1) The area embraced within the prolongation or connection	650
of the lateral curb lines, or, if none, then the lateral boundary	651
lines of the roadways of two highways which join one another at,	652
or approximately at, right angles, or the area within which	653
vehicles traveling upon different highways joining at any other	654
angle may come in conflict.	655

(2) Where a highway includes two roadways thirty feet or	656
more apart, then every crossing of each roadway of such divided	657
highway by an intersecting highway shall be regarded as a separate	658
intersection. If an intersecting highway also includes two	659
roadways thirty feet or more apart, then every crossing of two	660
roadways of such highways shall be regarded as a separate	661
intersection.	662

(3) The junction of an alley with a street or highway, or	663
with another alley, shall not constitute an intersection.	664

(LL) "Crosswalk" means:

665

(1) That part of a roadway at intersections ordinarily	666
included within the real or projected prolongation of property	667
lines and curb lines or, in the absence of curbs, the edges of the	668
traversable roadway;	669

(2) Any portion of a roadway at an intersection or	670
elsewhere, distinctly indicated for pedestrian crossing by lines	671
or other markings on the surface;	672

(3) Notwithstanding divisions (LL)(1) and (2) of this	673
section, there shall not be a crosswalk where local authorities	674
have placed signs indicating no crossing.	675

(MM) "Safety zone" means the area or space officially set	676
apart within a roadway for the exclusive use of pedestrians and	677
protected or marked or indicated by adequate signs as to be	678
plainly visible at all times.	679

(NN) "Business district" means the territory fronting upon a	680
street or highway, including the street or highway, between	681
successive intersections within municipal corporations where fifty	682
per cent or more of the frontage between such successive	683
intersections is occupied by buildings in use for business, or	684
within or outside municipal corporations where fifty per cent or	685
more of the frontage for a distance of three hundred feet or more	686
is occupied by buildings in use for business, and the character of	687
such territory is indicated by official traffic control devices.	688

(OO) "Residence district" means the territory, not	689
comprising a business district, fronting on a street or highway,	690
including the street or highway, where, for a distance of three	691
hundred feet or more, the frontage is improved with residences or	692
residences and buildings in use for business.	693

(PP) "Urban district" means the territory contiguous to and	694
including any street or highway which is built up with structures	695
devoted to business, industry, or dwelling houses situated at	696
intervals of less than one hundred feet for a distance of a	697
quarter of a mile or more, and the character of such territory is	698
indicated by official traffic control devices.	699

(QQ) "Traffic control devices" means all flaggers, signs,	700
signals, markings, and devices placed or erected by authority of a	701
public body or official having jurisdiction, for the purpose of	702
regulating, warning, or guiding traffic, including signs denoting	703
names of streets and highways.	704

(RR) "Traffic control signal" means any device, whether	705
manually, electrically, or mechanically operated, by which traffic	706
is alternately directed to stop, to proceed, to change direction,	707
or not to change direction.	708

(SS) "Railroad sign or signal" means any sign, signal, or	709
device erected by authority of a public body or official or by a	710
railroad and intended to give notice of the presence of railroad	711
tracks or the approach of a railroad train.	712

(TT) "Traffic" means pedestrians, ridden or herded animals,	713
vehicles, streetcars, trackless trolleys, and other devices,	714
either singly or together, while using any highway for purposes of	715
travel.	716

(UU) "Right-of-way" means either of the following, as the	717
context requires:	718

(1) The right of a vehicle, streetcar, trackless trolley, or	719
pedestrian to proceed uninterruptedly in a lawful manner in the	720
direction in which it or the individual is moving in preference to	721
another vehicle, streetcar, trackless trolley, or pedestrian	722
approaching from a different direction into its or the	723
individual's path;	724

(2) A general term denoting land, property, or the interest	725
therein, usually in the configuration of a strip, acquired for or	726
devoted to transportation purposes. When used in this context,	727
right-of-way includes the roadway, shoulders or berm, ditch, and	728
slopes extending to the right-of-way limits under the control of	729
the state or local authority.	730

(VV) "Rural mail delivery vehicle" means every vehicle used	731
to deliver United States mail on a rural mail delivery route.	732

(WW) "Funeral escort vehicle" means any motor vehicle,	733
including a funeral hearse, while used to facilitate the movement	734
of a funeral procession.	735

(XX) "Alley" means a street or highway intended to provide	736
access to the rear or side of lots or buildings in urban districts	737
and not intended for the purpose of through vehicular traffic, and	738
includes any street or highway that has been declared an "alley"	739
by the legislative authority of the municipal corporation in which	740
such street or highway is located.	741

(YY) "Freeway" means a divided multi-lane highway for	742
through traffic with all crossroads separated in grade and with	743
full control of access.	744

(ZZ) "Expressway" means a divided arterial highway for	745
through traffic with full or partial control of access with an	746
excess of fifty per cent of all crossroads separated in grade.	747

(AAA) "Thruway" means a through highway whose entire roadway	748
is reserved for through traffic and on which roadway parking is	749
prohibited.	750

(BBB) "Stop intersection" means any intersection at one or	751
more entrances of which stop signs are erected.	752

(CCC) "Arterial street" means any United States or state	753
numbered route, controlled access highway, or other major radial	754
or circumferential street or highway designated by local	755
authorities within their respective jurisdictions as part of a	756
major arterial system of streets or highways.	757

(DDD) "Ridesharing arrangement" means the transportation of	758
persons in a motor vehicle where such transportation is incidental	759
to another purpose of a volunteer driver and includes ridesharing	760
arrangements known as carpools, vanpools, and buspools.	761

(EEE) "Motorized wheelchair" means any self-propelled	762
vehicle designed for, and used by, a handicapped person and that	763
is incapable of a speed in excess of eight miles per hour.	764

(FFF) "Child day-care center" and "type A family day-care	765
home" have the same meanings as in section 5104.01 of the Revised	766
Code.	767

(GGG) "Multi-wheel agricultural tractor" means a type of	768
agricultural tractor that has two or more wheels or tires on each	769
side of one axle at the rear of the tractor, is designed or used	770
for drawing other vehicles or wheeled machinery, has no provision	771
for carrying loads independently of the drawn vehicles or	772
machinery, and is used principally for agricultural purposes.	773

Sec. 4511.512. (A)(1) Electric personal assistive mobility	774
devices may be operated on the public streets, highways,	775
sidewalks, and paths and portions of roadways set aside for the	776
exclusive use of bicycles in accordance with this section.	777

(2) Except as otherwise provided in this section, those	778
sections of this chapter that by their nature are applicable to an	779
electric personal assistive mobility device apply to the device	780
and the person operating it whenever it is operated upon any	781
public street, highway, sidewalk, or upon any path or portion of a	782
roadway set aside for the exclusive use of bicycles.	783

(3) A local authority may regulate or prohibit the	784
operation of electric personal assistive mobility devices on	785
public streets, highways, sidewalks, and paths under its	786
jurisdiction.	787

(B) No operator of an electric personal assistive mobility	788
device shall do any of the following:	789

(1) Fail to yield the right-of-way to all pedestrians and	790
human-powered vehicles at all times;	791

(2) Fail to give an audible signal before overtaking and	792
passing a pedestrian;	793

(3) Operate the device at night unless the device or its	794
operator is equipped with or wearing both of the following:	795

(a) A lamp pointing to the front that emits a white light	796
visible from a distance of not less than five hundred feet;	797

(b) A red reflector facing the rear that is visible from	798
all distances from one hundred feet to six hundred feet when	799
directly in front of lawful lower beams of head lamps on a motor	800
vehicle.	801

(4) Operate the device on any portion of a street or	802
highway that has an established speed limit of fifty-five miles	803
per hour or more;	804

(5) Operate the device upon any path set aside for the	805
exclusive use of pedestrians or other specialized use when an	806
appropriate sign giving notice of such use is posted on the path;	807

(6) If under eighteen years of age, operate the device	808
unless wearing a protective helmet on the person's head with the	809
chin strap properly fastened;	810

(7) If under sixteen years of age, operate the device	811
unless, during the operation, the person is under the direct	812
visual and audible supervision of another person who is eighteen	813
years of age or older and is responsible for the immediate care of	814
the child.	815

(C) No person who is under fourteen years of age shall	816
operate an electric personal assistive mobility device.	817

(D) No person shall distribute or sell an electric	818
personal assistive mobility device unless the device is	819
accompanied by a written statement that is substantially	820
equivalent to the following: "WARNING: TO REDUCE THE RISK OF	821
SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT –	822
HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS."	823

(E) Nothing in this section shall be construed to affect any	824
rule of the director of natural resources or a board of park	825
district commissioners governing the operation of vehicles on	826
lands under the control of the director or board, as applicable.	827

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	828
(3), or (4) of section 4511.19 of the Revised Code, in addition to	829
the license suspension or revocation provided in section 4507.16	830
of the Revised Code and any disqualification imposed under section	831
4506.16 of the Revised Code, shall be punished as provided in	832
division (A)(1), (2), (3), or (4) of this section. Whoever	833
violates division (A)(5), (6), or (7) of section 4511.19 of the	834
Revised Code, in addition to the license suspension or revocation	835
provided in section 4507.16 of the Revised Code and any	836
disqualification imposed under section 4506.16 of the Revised	837
Code, shall be punished as provided in division (A)(5), (6), (7),	838
or (8) of this section.	839

(1) Except as otherwise provided in division (A)(2), (3), or	840
(4) of this section, the offender is guilty of a misdemeanor of	841
the first degree and the court shall sentence the offender to a	842
term of imprisonment of three consecutive days and may sentence	843
the offender pursuant to section 2929.21 of the Revised Code to a	844
longer term of imprisonment. In addition, the court shall impose	845
upon the offender a fine of not less than two hundred fifty and	846
not more than one thousand dollars.	847

The court may suspend the execution of the mandatory three	848
consecutive days of imprisonment that it is required to impose by	849
this division, if the court, in lieu of the suspended term of	850
imprisonment, places the offender on probation and requires the	851
offender to attend, for three consecutive days, a drivers'	852
intervention program that is certified pursuant to section 3793.10	853
of the Revised Code. The court also may suspend the execution of	854
any part of the mandatory three consecutive days of imprisonment	855
that it is required to impose by this division, if the court	856
places the offender on probation for part of the three consecutive	857
days; requires the offender to attend, for that part of the three	858
consecutive days, a drivers' intervention program that is	859
certified pursuant to section 3793.10 of the Revised Code; and	860
sentences the offender to a term of imprisonment equal to the	861
remainder of the three consecutive days that the offender does not	862
spend attending the drivers' intervention program. The court may	863
require the offender, as a condition of probation, to attend and	864
satisfactorily complete any treatment or education programs that	865
comply with the minimum standards adopted pursuant to Chapter	866
3793. of the Revised Code by the director of alcohol and drug	867
addiction services, in addition to the required attendance at a	868
drivers' intervention program, that the operators of the drivers'	869
intervention program determine that the offender should attend and	870
to report periodically to the court on the offender's progress in	871
the programs. The court also may impose any other conditions of	872
probation on the offender that it considers necessary.	873

Of the fine imposed pursuant to this division, twenty-five	874
dollars shall be paid to an enforcement and education fund	875
established by the legislative authority of the law enforcement	876
agency in this state that primarily was responsible for the arrest	877
of the offender, as determined by the court that imposes the fine.	878
This share shall be used by the agency to pay only those costs it	879
incurs in enforcing section 4511.19 of the Revised Code or a	880
substantially similar municipal ordinance and in informing the	881
public of the laws governing the operation of a motor vehicle	882
while under the influence of alcohol, the dangers of operating a	883
motor vehicle while under the influence of alcohol, and other	884
information relating to the operation of a motor vehicle and the	885
consumption of alcoholic beverages. Fifty dollars of the fine	886
imposed pursuant to this division shall be paid to the political	887
subdivision that pays the cost of housing the offender during the	888
offender's term of incarceration to the credit of the fund that	889
pays the cost of the incarceration. If the offender was confined	890
as a result of the offense prior to being sentenced for the	891
offense but is not sentenced to a term of incarceration, the fifty	892
dollars shall be paid to the political subdivision that paid the	893
cost of housing the offender during that period of confinement.	894
The political subdivision shall use this share to pay or reimburse	895
incarceration or treatment costs it incurs in housing or providing	896
drug and alcohol treatment to persons who violate section 4511.19	897
of the Revised Code or a substantially similar municipal ordinance	898
and to pay for ignition interlock devices and electronic house	899
arrest equipment for persons who violate that section.	900
Twenty-five dollars of the fine imposed pursuant to this division	901
shall be deposited into the county indigent drivers alcohol	902
treatment fund or municipal indigent drivers alcohol treatment	903
fund under the control of that court, as created by the county or	904
municipal corporation pursuant to division (N) of section 4511.191	905
of the Revised Code. The balance of the fine shall be disbursed	906
as otherwise provided by law.	907

(2)(a) Except as otherwise provided in division (A)(4) of	908
this section, the offender is guilty of a misdemeanor of the first	909
degree, and, except as provided in this division, the court shall	910
sentence the offender to a term of imprisonment of ten consecutive	911
days and may sentence the offender pursuant to section 2929.21 of	912
the Revised Code to a longer term of imprisonment if, within six	913
years of the offense, the offender has been convicted of or	914
pleaded guilty to one violation of the following:	915

(i) Division (A) or (B) of section 4511.19 of the Revised	916
Code;	917

(ii) A municipal ordinance relating to operating a vehicle	918
while under the influence of alcohol, a drug of abuse, or alcohol	919
and a drug of abuse;	920

(iii) A municipal ordinance relating to operating a vehicle	921
with a prohibited concentration of alcohol in the blood, breath,	922
or urine;	923

(iv) Section 2903.04 of the Revised Code in a case in which	924
the offender was subject to the sanctions described in division	925
(D) of that section;	926

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	927
section 2903.08 of the Revised Code or a municipal ordinance that	928
is substantially similar to either of those divisions;	929

(vi) Division (A)(2), (3), or (4) of section 2903.06,	930
division (A)(2) of section 2903.08, or former section 2903.07 of	931
the Revised Code, or a municipal ordinance that is substantially	932
similar to any of those divisions or that former section, in a	933
case in which the jury or judge found that the offender was under	934
the influence of alcohol, a drug of abuse, or alcohol and a drug	935
of abuse;	936

(vii) A statute of the United States or of any other state	937
or a municipal ordinance of a municipal corporation located in any	938
other state that is substantially similar to division (A) or (B)	939
of section 4511.19 of the Revised Code.	940

As an alternative to the term of imprisonment required to be	941
imposed by this division, but subject to division (A)(12) of this	942
section, the court may impose upon the offender a sentence	943
consisting of both a term of imprisonment of five consecutive days	944
and not less than eighteen consecutive days of electronically	945
monitored house arrest as defined in division (A) of section	946
2929.23 of the Revised Code. The five consecutive days of	947
imprisonment and the period of electronically monitored house	948
arrest shall not exceed six months. The five consecutive days of	949
imprisonment do not have to be served prior to or consecutively	950
with the period of electronically monitored house arrest.	951

In addition, the court shall impose upon the offender a fine	952
of not less than three hundred fifty and not more than one	953
thousand five hundred dollars.	954

In addition to any other sentence that it imposes upon the	955
offender, the court may require the offender to attend a drivers'	956
intervention program that is certified pursuant to section 3793.10	957
of the Revised Code. If the officials of the drivers'	958
intervention program determine that the offender is alcohol	959
dependent, they shall notify the court, and the court shall order	960
the offender to obtain treatment through an alcohol and drug	961
addiction program authorized by section 3793.02 of the Revised	962
Code. The cost of the treatment shall be paid by the offender.	963

Of the fine imposed pursuant to this division, thirty-five	964
dollars shall be paid to an enforcement and education fund	965
established by the legislative authority of the law enforcement	966
agency in this state that primarily was responsible for the arrest	967
of the offender, as determined by the court that imposes the fine.	968
This share shall be used by the agency to pay only those costs it	969
incurs in enforcing section 4511.19 of the Revised Code or a	970
substantially similar municipal ordinance and in informing the	971
public of the laws governing the operation of a motor vehicle	972
while under the influence of alcohol, the dangers of operating a	973
motor vehicle while under the influence of alcohol, and other	974
information relating to the operation of a motor vehicle and the	975
consumption of alcoholic beverages. One hundred fifteen dollars	976
of the fine imposed pursuant to this division shall be paid to the	977
political subdivision that pays the cost of housing the offender	978
during the offender's term of incarceration. This share shall be	979
used by the political subdivision to pay or reimburse	980
incarceration or treatment costs it incurs in housing or providing	981
drug and alcohol treatment to persons who violate section 4511.19	982
of the Revised Code or a substantially similar municipal ordinance	983
and to pay for ignition interlock devices and electronic house	984
arrest equipment for persons who violate that section, and shall	985
be paid to the credit of the fund that pays the cost of the	986
incarceration. Fifty dollars of the fine imposed pursuant to this	987
division shall be deposited into the county indigent drivers	988
alcohol treatment fund or municipal indigent drivers alcohol	989
treatment fund under the control of that court, as created by the	990
county or municipal corporation pursuant to division (N) of	991
section 4511.191 of the Revised Code. The balance of the fine	992
shall be disbursed as otherwise provided by law.	993

(b) Regardless of whether the vehicle the offender was	994
operating at the time of the offense is registered in the	995
offender's name or in the name of another person, the court, in	996
addition to the penalties imposed under division (A)(2)(a) of this	997
section and all other penalties provided by law and subject to	998
section 4503.235 of the Revised Code, shall order the	999
immobilization for ninety days of the vehicle the offender was	1000
operating at the time of the offense and the impoundment for	1001
ninety days of the identification license plates of that vehicle.	1002
The order for the immobilization and impoundment shall be issued	1003
and enforced in accordance with section 4503.233 of the Revised	1004
Code.	1005

(3)(a) Except as otherwise provided in division (A)(4) of	1006
this section and except as provided in this division, if, within	1007
six years of the offense, the offender has been convicted of or	1008
pleaded guilty to two violations identified in division (A)(2) of	1009
this section, the court shall sentence the offender to a term of	1010
imprisonment of thirty consecutive days and may sentence the	1011
offender to a longer definite term of imprisonment of not more	1012
than one year. As an alternative to the term of imprisonment	1013
required to be imposed by this division, but subject to division	1014
(A)(12) of this section, the court may impose upon the offender a	1015
sentence consisting of both a term of imprisonment of fifteen	1016
consecutive days and not less than fifty-five consecutive days of	1017
electronically monitored house arrest as defined in division (A)	1018
of section 2929.23 of the Revised Code. The fifteen consecutive	1019
days of imprisonment and the period of electronically monitored	1020
house arrest shall not exceed one year. The fifteen consecutive	1021
days of imprisonment do not have to be served prior to or	1022
consecutively with the period of electronically monitored house	1023
arrest.	1024

In addition, the court shall impose upon the offender a fine	1025
of not less than five hundred fifty and not more than two thousand	1026
five hundred dollars.	1027

In addition to any other sentence that it imposes upon the	1028
offender, the court shall require the offender to attend an	1029
alcohol and drug addiction program authorized by section 3793.02	1030
of the Revised Code. The cost of the treatment shall be paid by	1031
the offender. If the court determines that the offender is unable	1032
to pay the cost of attendance at the treatment program, the court	1033
may order that payment of the cost of the offender's attendance at	1034
the treatment program be made from that court's indigent drivers	1035
alcohol treatment fund.	1036

Of the fine imposed pursuant to this division, one hundred	1037
twenty-three dollars shall be paid to an enforcement and education	1038
fund established by the legislative authority of the law	1039
enforcement agency in this state that primarily was responsible	1040
for the arrest of the offender, as determined by the court that	1041
imposes the fine. This share shall be used by the agency to pay	1042
only those costs it incurs in enforcing section 4511.19 of the	1043
Revised Code or a substantially similar municipal ordinance and in	1044
informing the public of the laws governing the operation of a	1045
motor vehicle while under the influence of alcohol, the dangers of	1046
operating a motor vehicle while under the influence of alcohol,	1047
and other information relating to the operation of a motor vehicle	1048
and the consumption of alcoholic beverages. Two hundred	1049
seventy-seven dollars of the fine imposed pursuant to this	1050
division shall be paid to the political subdivision that pays the	1051
cost of housing the offender during the offender's term of	1052
incarceration. This share shall be used by the political	1053
subdivision to pay or reimburse incarceration or treatment costs	1054
it incurs in housing or providing drug and alcohol treatment to	1055
persons who violate section 4511.19 of the Revised Code or a	1056
substantially similar municipal ordinance and to pay for ignition	1057
interlock devices and electronic house arrest equipment for	1058
persons who violate that section and shall be paid to the credit	1059
of the fund that pays the cost of incarceration. The balance of	1060
the fine shall be disbursed as otherwise provided by law.	1061

(b) Regardless of whether the vehicle the offender was	1062
operating at the time of the offense is registered in the	1063
offender's name or in the name of another person, the court, in	1064
addition to the penalties imposed under division (A)(3)(a) of this	1065
section and all other penalties provided by law and subject to	1066
section 4503.235 of the Revised Code, shall order the criminal	1067
forfeiture to the state of the vehicle the offender was operating	1068
at the time of the offense. The order of criminal forfeiture	1069
shall be issued and enforced in accordance with section 4503.234	1070
of the Revised Code.	1071

(4)(a)(i) If, within six years of the offense, the offender	1072
has been convicted of or pleaded guilty to three or more	1073
violations identified in division (A)(2) of this section, and if	1074
sentence is not required to be imposed under division	1075
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	1076
of the fourth degree and, notwithstanding division (A)(4) of	1077
section 2929.14 of the Revised Code, may be sentenced to a	1078
definite prison term that shall be not less than six months and	1079
not more than thirty months. The court shall sentence the	1080
offender in accordance with sections 2929.11 to 2929.19 of the	1081
Revised Code and shall impose as part of the sentence either a	1082
mandatory term of local incarceration of sixty consecutive days of	1083
imprisonment in accordance with division (G)(1) of section 2929.13	1084
of the Revised Code or a mandatory prison term of sixty	1085
consecutive days of imprisonment in accordance with division	1086
(G)(2) of that section. If the court requires the offender to	1087
serve a mandatory term of local incarceration of sixty consecutive	1088
days of imprisonment in accordance with division (G)(1) of section	1089
2929.13 of the Revised Code, the court, pursuant to section	1090
2929.17 of the Revised Code, may impose upon the offender a	1091
sentence that includes a term of electronically monitored house	1092
arrest, provided that the term of electronically monitored house	1093
arrest shall not commence until after the offender has served the	1094
mandatory term of local incarceration.	1095

(ii) If the offender previously has been convicted of or	1096
pleaded guilty to a violation of division (A) of section 4511.19	1097
of the Revised Code under circumstances in which the violation was	1098
a felony, regardless of when the prior violation and the prior	1099
conviction or guilty plea occurred, the offender is guilty of a	1100
felony of the third degree. The court shall sentence the offender	1101
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1102
and shall impose as part of the sentence a mandatory prison term	1103
of sixty consecutive days of imprisonment in accordance with	1104
division (G)(2) of section 2929.13 of the Revised Code.	1105

(iii) In addition to all other sanctions imposed on an	1106
offender under division (A)(4)(a)(i) or (ii) of this section, the	1107
court shall impose upon the offender, pursuant to section 2929.18	1108
of the Revised Code, a fine of not less than eight hundred nor	1109
more than ten thousand dollars.	1110

In addition to any other sanction that it imposes upon the	1111
offender under division (A)(4)(a)(i) or (ii) of this section, the	1112
court shall require the offender to attend an alcohol and drug	1113
addiction program authorized by section 3793.02 of the Revised	1114
Code. The cost of the treatment shall be paid by the offender. If	1115
the court determines that the offender is unable to pay the cost	1116
of attendance at the treatment program, the court may order that	1117
payment of the cost of the offender's attendance at the treatment	1118
program be made from the court's indigent drivers alcohol	1119
treatment fund.	1120

Of the fine imposed pursuant to this division, two hundred	1121
ten dollars shall be paid to an enforcement and education fund	1122
established by the legislative authority of the law enforcement	1123
agency in this state that primarily was responsible for the arrest	1124
of the offender, as determined by the court that imposes the fine.	1125
This share shall be used by the agency to pay only those costs it	1126
incurs in enforcing section 4511.19 of the Revised Code or a	1127
substantially similar municipal ordinance and in informing the	1128
public of the laws governing operation of a motor vehicle while	1129
under the influence of alcohol, the dangers of operation of a	1130
motor vehicle while under the influence of alcohol, and other	1131
information relating to the operation of a motor vehicle and the	1132
consumption of alcoholic beverages. Four hundred forty dollars of	1133
the fine imposed pursuant to this division shall be paid to the	1134
political subdivision that pays the cost of housing the offender	1135
during the offender's term of incarceration. This share shall be	1136
used by the political subdivision to pay or reimburse	1137
incarceration or treatment costs it incurs in housing or providing	1138
drug and alcohol treatment to persons who violate section 4511.19	1139
of the Revised Code or a substantially similar municipal ordinance	1140
and to pay for ignition interlock devices and electronic house	1141
arrest equipment for persons who violate that section, and shall	1142
be paid to the credit of the fund that pays the cost of	1143
incarceration. The balance of the fine shall be disbursed as	1144
otherwise provided by law.	1145

(b) Regardless of whether the vehicle the offender was	1146
operating at the time of the offense is registered in the	1147
offender's name or in the name of another person, the court, in	1148
addition to the sanctions imposed under division (A)(4)(a) of this	1149
section and all other sanctions provided by law and subject to	1150
section 4503.235 of the Revised Code, shall order the criminal	1151
forfeiture to the state of the vehicle the offender was operating	1152
at the time of the offense. The order of criminal forfeiture	1153
shall be issued and enforced in accordance with section 4503.234	1154
of the Revised Code.	1155

(c) As used in division (A)(4)(a) of this section,	1156
"mandatory prison term" and "mandatory term of local	1157
incarceration" have the same meanings as in section 2929.01 of the	1158
Revised Code.	1159

If title to a motor vehicle that is subject to an order for	1160
criminal forfeiture under this section is assigned or transferred	1161
and division (C)(2) or (3) of section 4503.234 of the Revised Code	1162
applies, in addition to or independent of any other penalty	1163
established by law, the court may fine the offender the value of	1164
the vehicle as determined by publications of the national auto	1165
dealer's association. The proceeds from any fine imposed under	1166
this division shall be distributed in accordance with division	1167
(D)(4) of section 4503.234 of the Revised Code.	1168

(5)(a) Except as otherwise provided in division (A)(6), (7),	1169
or (8) of this section, the offender is guilty of a misdemeanor of	1170
the first degree, and the court shall sentence the offender to one	1171
of the following:	1172

(i) A term of imprisonment of at least three consecutive	1173
days and a requirement that the offender attend, for three	1174
consecutive days, a drivers' intervention program that is	1175
certified pursuant to section 3793.10 of the Revised Code;	1176

(ii) If the court determines that the offender is not	1177
conducive to treatment in the program, if the offender refuses to	1178
attend the program, or if the place of imprisonment can provide a	1179
drivers' intervention program, a term of imprisonment of at least	1180
six consecutive days.	1181

(b) In addition, the court shall impose upon the offender a	1182
fine of not less than two hundred fifty and not more than one	1183
thousand dollars.	1184

The court may require the offender, as a condition of	1185
probation, to attend and satisfactorily complete any treatment or	1186
education programs that comply with the minimum standards adopted	1187
pursuant to Chapter 3793. of the Revised Code by the director of	1188
alcohol and drug addiction services, in addition to the required	1189
attendance at a drivers' intervention program, that the operators	1190
of the drivers' intervention program determine that the offender	1191
should attend and to report periodically to the court on the	1192
offender's progress in the programs. The court also may impose	1193
any other conditions of probation on the offender that it	1194
considers necessary.	1195

Of the fine imposed pursuant to this division, twenty-five	1196
dollars shall be paid to an enforcement and education fund	1197
established by the legislative authority of the law enforcement	1198
agency in this state that primarily was responsible for the arrest	1199
of the offender, as determined by the court that imposes the fine.	1200
The agency shall use this share to pay only those costs it incurs	1201
in enforcing section 4511.19 of the Revised Code or a	1202
substantially similar municipal ordinance and in informing the	1203
public of the laws governing the operation of a motor vehicle	1204
while under the influence of alcohol, the dangers of operating a	1205
motor vehicle while under the influence of alcohol, and other	1206
information relating to the operation of a motor vehicle and the	1207
consumption of alcoholic beverages. Fifty dollars of the fine	1208
imposed pursuant to this division shall be paid to the political	1209
subdivision that pays the cost of housing the offender during the	1210
offender's term of incarceration to the credit of the fund that	1211
pays the cost of the incarceration. The political subdivision	1212
shall use this share to pay or reimburse incarceration or	1213
treatment costs it incurs in housing or providing drug and alcohol	1214
treatment to persons who violate section 4511.19 of the Revised	1215
Code or a substantially similar municipal ordinance and to pay for	1216
ignition interlock devices and electronic house arrest equipment	1217
for persons who violate that section. Twenty-five dollars of the	1218
fine imposed pursuant to this division shall be deposited into the	1219
county indigent drivers alcohol treatment fund or municipal	1220
indigent drivers alcohol treatment fund under the control of that	1221
court, as created by the county or municipal corporation pursuant	1222
to division (N) of section 4511.191 of the Revised Code. The	1223
balance of the fine shall be disbursed as otherwise provided by	1224
law.	1225

(6)(a) Except as otherwise provided in division (A)(8) of	1226
this section and except as provided in this division, if, within	1227
six years of the offense, the offender has been convicted of or	1228
pleaded guilty to one violation of division (A) or (B) of section	1229
4511.19 of the Revised Code, a municipal ordinance relating to	1230
operating a vehicle while under the influence of alcohol, a drug	1231
of abuse, or alcohol and a drug of abuse, a municipal ordinance	1232
relating to operating a vehicle with a prohibited concentration of	1233
alcohol in the blood, breath, or urine, section 2903.04 of the	1234
Revised Code in a case in which the offender was subject to the	1235
sanctions described in division (D) of that section, section	1236
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	1237
ordinance that is substantially similar to section 2903.07 of the	1238
Revised Code in a case in which the jury or judge found that the	1239
offender was under the influence of alcohol, a drug of abuse, or	1240
alcohol and a drug of abuse, or a statute of the United States or	1241
of any other state or a municipal ordinance of a municipal	1242
corporation located in any other state that is substantially	1243
similar to division (A) or (B) of section 4511.19 of the Revised	1244
Code, the offender is guilty of a misdemeanor of the first degree,	1245
and the court shall sentence the offender to a term of	1246
imprisonment of twenty consecutive days and may sentence the	1247
offender pursuant to section 2929.21 of the Revised Code to a	1248
longer term of imprisonment. As an alternative to the term of	1249
imprisonment required to be imposed by this division, but subject	1250
to division (A)(12) of this section, the court may impose upon the	1251
offender a sentence consisting of both a term of imprisonment of	1252
ten consecutive days and not less than thirty-six consecutive days	1253
of electronically monitored house arrest as defined in division	1254
(A) of section 2929.23 of the Revised Code. The ten consecutive	1255
days of imprisonment and the period of electronically monitored	1256
house arrest shall not exceed six months. The ten consecutive	1257
days of imprisonment do not have to be served prior to or	1258
consecutively with the period of electronically monitored house	1259
arrest.	1260

In addition, the court shall impose upon the offender a fine	1261
of not less than three hundred fifty and not more than one	1262
thousand five hundred dollars.	1263

In addition to any other sentence that it imposes upon the	1264
offender, the court may require the offender to attend a drivers'	1265
intervention program that is certified pursuant to section 3793.10	1266
of the Revised Code. If the officials of the drivers'	1267
intervention program determine that the offender is alcohol	1268
dependent, they shall notify the court, and the court shall order	1269
the offender to obtain treatment through an alcohol and drug	1270
addiction program authorized by section 3793.02 of the Revised	1271
Code. The offender shall pay the cost of the treatment.	1272

Of the fine imposed pursuant to this division, thirty-five	1273
dollars shall be paid to an enforcement and education fund	1274
established by the legislative authority of the law enforcement	1275
agency in this state that primarily was responsible for the arrest	1276
of the offender, as determined by the court that imposes the fine.	1277
The agency shall use this share to pay only those costs it incurs	1278
in enforcing section 4511.19 of the Revised Code or a	1279
substantially similar municipal ordinance and in informing the	1280
public of the laws governing the operation of a motor vehicle	1281
while under the influence of alcohol, the dangers of operating a	1282
motor vehicle while under the influence of alcohol, and other	1283
information relating to the operation of a motor vehicle and the	1284
consumption of alcoholic beverages. One hundred fifteen dollars	1285
of the fine imposed pursuant to this division shall be paid to the	1286
political subdivision that pays the cost of housing the offender	1287
during the offender's term of incarceration. The political	1288
subdivision shall use this share to pay or reimburse incarceration	1289
or treatment costs it incurs in housing or providing drug and	1290
alcohol treatment to persons who violate section 4511.19 of the	1291
Revised Code or a substantially similar municipal ordinance and to	1292
pay for ignition interlock devices and electronic house arrest	1293
equipment for persons who violate that section, and this share	1294
shall be paid to the credit of the fund that pays the cost of the	1295
incarceration. Fifty dollars of the fine imposed pursuant to this	1296
division shall be deposited into the county indigent drivers	1297
alcohol treatment fund or municipal indigent drivers alcohol	1298
treatment fund under the control of that court, as created by the	1299
county or municipal corporation pursuant to division (N) of	1300
section 4511.191 of the Revised Code. The balance of the fine	1301
shall be disbursed as otherwise provided by law.	1302

(b) Regardless of whether the vehicle the offender was	1303
operating at the time of the offense is registered in the	1304
offender's name or in the name of another person, the court, in	1305
addition to the penalties imposed under division (A)(6)(a) of this	1306
section and all other penalties provided by law and subject to	1307
section 4503.235 of the Revised Code, shall order the	1308
immobilization for ninety days of the vehicle the offender was	1309
operating at the time of the offense and the impoundment for	1310
ninety days of the identification license plates of that vehicle.	1311
The order for the immobilization and impoundment shall be issued	1312
and enforced in accordance with section 4503.233 of the Revised	1313
Code.	1314

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

In addition, the court shall impose upon the offender a fine	1349
of not less than five hundred fifty and not more than two thousand	1350
five hundred dollars.	1351

In addition to any other sentence that it imposes upon the	1352
offender, the court shall require the offender to attend an	1353
alcohol and drug addiction program authorized by section 3793.02	1354
of the Revised Code. The offender shall pay the cost of the	1355
treatment. If the court determines that the offender is unable to	1356
pay the cost of attendance at the treatment program, the court may	1357
order that payment of the cost of the offender's attendance at the	1358
treatment program be made from that court's indigent drivers	1359
alcohol treatment fund.	1360

Of the fine imposed pursuant to this division, one hundred	1361
twenty-three dollars shall be paid to an enforcement and education	1362
fund established by the legislative authority of the law	1363
enforcement agency in this state that primarily was responsible	1364
for the arrest of the offender, as determined by the court that	1365
imposes the fine. The agency shall use this share to pay only	1366
those costs it incurs in enforcing section 4511.19 of the Revised	1367
Code or a substantially similar municipal ordinance and in	1368
informing the public of the laws governing the operation of a	1369
motor vehicle while under the influence of alcohol, the dangers of	1370
operating a motor vehicle while under the influence of alcohol,	1371
and other information relating to the operation of a motor vehicle	1372
and the consumption of alcoholic beverages. Two hundred	1373
seventy-seven dollars of the fine imposed pursuant to this	1374
division shall be paid to the political subdivision that pays the	1375
cost of housing the offender during the offender's term of	1376
incarceration. The political subdivision shall use this share to	1377
pay or reimburse incarceration or treatment costs it incurs in	1378
housing or providing drug and alcohol treatment to persons who	1379
violate section 4511.19 of the Revised Code or a substantially	1380
similar municipal ordinance and to pay for ignition interlock	1381
devices and electronic house arrest equipment for persons who	1382
violate that section, and this share shall be paid to the credit	1383
of the fund that pays the cost of incarceration. The balance of	1384
the fine shall be disbursed as otherwise provided by law.	1385

(b) Regardless of whether the vehicle the offender was	1386
operating at the time of the offense is registered in the	1387
offender's name or in the name of another person, the court, in	1388
addition to the penalties imposed under division (A)(7)(a) of this	1389
section and all other penalties provided by law and subject to	1390
section 4503.235 of the Revised Code, shall order the	1391
immobilization for one hundred eighty days of the vehicle the	1392
offender was operating at the time of the offense and the	1393
impoundment for one hundred eighty days of the identification	1394
license plates of that vehicle. The order for the immobilization	1395
and impoundment shall be issued and enforced in accordance with	1396
section 4503.233 of the Revised Code.	1397

(8)(a)(i) If, within six years of the offense, the offender	1398
has been convicted of or pleaded guilty to three or more	1399
violations of division (A) or (B) of section 4511.19 of the	1400
Revised Code, a municipal ordinance relating to operating a	1401
vehicle while under the influence of alcohol, a drug of abuse, or	1402
alcohol and a drug of abuse, a municipal ordinance relating to	1403
operating a vehicle with a prohibited concentration of alcohol in	1404
the blood, breath, or urine, section 2903.04 of the Revised Code	1405
in a case in which the offender was subject to the sanctions	1406
described in division (D) of that section, section 2903.06,	1407
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	1408
that is substantially similar to section 2903.07 of the Revised	1409
Code in a case in which the jury or judge found that the offender	1410
was under the influence of alcohol, a drug of abuse, or alcohol	1411
and a drug of abuse, or a statute of the United States or of any	1412
other state or a municipal ordinance of a municipal corporation	1413
located in any other state that is substantially similar to	1414
division (A) or (B) of section 4511.19 of the Revised Code, and if	1415
sentence is not required to be imposed under division	1416
(A)(8)(a)(ii) of this section, the offender is guilty of a felony	1417
of the fourth degree and, notwithstanding division (A)(4) of	1418
section 2929.14 of the Revised Code, may be sentenced to a	1419
definite prison term that shall be not less than six months and	1420
not more than thirty months. The court shall sentence the	1421
offender in accordance with sections 2929.11 to 2929.19 of the	1422
Revised Code and shall impose as part of the sentence either a	1423
mandatory term of local incarceration of one hundred twenty	1424
consecutive days of imprisonment in accordance with division	1425
(G)(1) of section 2929.13 of the Revised Code or a mandatory	1426
prison term of one hundred twenty consecutive days of imprisonment	1427
in accordance with division (G)(2) of that section. If the court	1428
requires the offender to serve a mandatory term of local	1429
incarceration of one hundred twenty consecutive days of	1430
imprisonment in accordance with division (G)(1) of section 2929.13	1431
of the Revised Code, the court, pursuant to section 2929.17 of the	1432
Revised Code, may impose upon the offender a sentence that	1433
includes a term of electronically monitored house arrest, provided	1434
that the term of electronically monitored house arrest shall not	1435
commence until after the offender has served the mandatory term of	1436
local incarceration.	1437

(ii) If the offender previously has been convicted of or	1438
pleaded guilty to a violation of division (A) of section 4511.19	1439
of the Revised Code under circumstances in which the violation was	1440
a felony, regardless of when the prior violation and the prior	1441
conviction or guilty plea occurred, the offender is guilty of a	1442
felony of the third degree. The court shall sentence the offender	1443
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1444
and shall impose as part of the sentence a mandatory prison term	1445
of one hundred twenty consecutive days of imprisonment in	1446
accordance with division (G)(2) of section 2929.13 of the Revised	1447
Code.	1448

(iii) In addition to all other sanctions imposed on an	1449
offender under division (A)(8)(a)(i) or (ii) of this section, the	1450
court shall impose upon the offender, pursuant to section 2929.18	1451
of the Revised Code, a fine of not less than eight hundred nor	1452
more than ten thousand dollars.	1453

In addition to any other sanction that it imposes upon the	1454
offender under division (A)(8)(a)(i) or (ii) of this section, the	1455
court shall require the offender to attend an alcohol and drug	1456
addiction program authorized by section 3793.02 of the Revised	1457
Code. The cost of the treatment shall be paid by the offender. If	1458
the court determines that the offender is unable to pay the cost	1459
of attendance at the treatment program, the court may order that	1460
payment of the cost of the offender's attendance at the treatment	1461
program be made from the court's indigent drivers alcohol	1462
treatment fund.	1463

Of the fine imposed pursuant to this division, two hundred	1464
ten dollars shall be paid to an enforcement and education fund	1465
established by the legislative authority of the law enforcement	1466
agency in this state that primarily was responsible for the arrest	1467
of the offender, as determined by the court that imposes the fine.	1468
The agency shall use this share to pay only those costs it incurs	1469
in enforcing section 4511.19 of the Revised Code or a	1470
substantially similar municipal ordinance and in informing the	1471
public of the laws governing operation of a motor vehicle while	1472
under the influence of alcohol, the dangers of operation of a	1473
motor vehicle while under the influence of alcohol, and other	1474
information relating to the operation of a motor vehicle and the	1475
consumption of alcoholic beverages. Four hundred forty dollars of	1476
the fine imposed pursuant to this division shall be paid to the	1477
political subdivision that pays the cost of housing the offender	1478
during the offender's term of incarceration. The political	1479
subdivision shall use this share to pay or reimburse incarceration	1480
or treatment costs it incurs in housing or providing drug and	1481
alcohol treatment to persons who violate section 4511.19 of the	1482
Revised Code or a substantially similar municipal ordinance and to	1483
pay for ignition interlock devices and electronic house arrest	1484
equipment for persons who violate that section, and this share	1485
shall be paid to the credit of the fund that pays the cost of	1486
incarceration. The balance of the fine shall be disbursed as	1487
otherwise provided by law.	1488

(b) Regardless of whether the vehicle the offender was	1489
operating at the time of the offense is registered in the	1490
offender's name or in the name of another person, the court, in	1491
addition to the sanctions imposed under division (A)(8)(a) of this	1492
section and all other sanctions provided by law and subject to	1493
section 4503.235 of the Revised Code, shall order the criminal	1494
forfeiture to the state of the vehicle the offender was operating	1495
at the time of the offense. The order of criminal forfeiture	1496
shall be issued and enforced in accordance with section 4503.234	1497
of the Revised Code.	1498

(c) As used in division (A)(8)(a) of this section,	1499
"mandatory prison term" and "mandatory term of local	1500
incarceration" have the same meanings as in section 2929.01 of the	1501
Revised Code.	1502

(d) If title to a motor vehicle that is subject to an order	1503
for criminal forfeiture under this section is assigned or	1504
transferred and division (C)(2) or (3) of section 4503.234 of the	1505
Revised Code applies, in addition to or independent of any other	1506
penalty established by law, the court may fine the offender the	1507
value of the vehicle as determined by publications of the national	1508
auto dealer's association. The proceeds from any fine imposed	1509
under this division shall be distributed in accordance with	1510
division (D)(4) of section 4503.234 of the Revised Code.	1511

(9)(a) Except as provided in division (A)(9)(b) of this	1512
section, upon a showing that imprisonment would seriously affect	1513
the ability of an offender sentenced pursuant to division (A)(1),	1514
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	1515
the offender's employment, the court may authorize that the	1516
offender be granted work release from imprisonment after the	1517
offender has served the three, six, ten, twenty, thirty, or sixty	1518
consecutive days of imprisonment or the mandatory term of local	1519
incarceration of sixty or one hundred twenty consecutive days that	1520
the court is required by division (A)(1), (2), (3), (4), (5), (6),	1521
(7), or (8) of this section to impose. No court shall authorize	1522
work release from imprisonment during the three, six, ten, twenty,	1523
thirty, or sixty consecutive days of imprisonment or the mandatory	1524
term of local incarceration or mandatory prison term of sixty or	1525
one hundred twenty consecutive days that the court is required by	1526
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	1527
section to impose. The duration of the work release shall not	1528
exceed the time necessary each day for the offender to commute to	1529
and from the place of employment and the place of imprisonment and	1530
the time actually spent under employment.	1531

(b) An offender who is sentenced pursuant to division	1532
(A)(2), (3), (6), or (7) of this section to a term of imprisonment	1533
followed by a period of electronically monitored house arrest is	1534
not eligible for work release from imprisonment, but that person	1535
shall be permitted work release during the period of	1536
electronically monitored house arrest. The duration of the work	1537
release shall not exceed the time necessary each day for the	1538
offender to commute to and from the place of employment and the	1539
offender's home or other place specified by the sentencing court	1540
and the time actually spent under employment.	1541

(10) Notwithstanding any section of the Revised Code that	1542
authorizes the suspension of the imposition or execution of a	1543
sentence, the placement of an offender in any treatment program in	1544
lieu of imprisonment, or the use of a community control sanction	1545
for an offender convicted of a felony, no court shall suspend the	1546
ten, twenty, thirty, or sixty consecutive days of imprisonment	1547
required to be imposed on an offender by division (A)(2), (3),	1548
(6), or (7) of this section, no court shall place an offender who	1549
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	1550
(8) of this section in any treatment program in lieu of	1551
imprisonment until after the offender has served the ten, twenty,	1552
thirty, or sixty consecutive days of imprisonment or the mandatory	1553
term of local incarceration or mandatory prison term of sixty or	1554
one hundred twenty consecutive days required to be imposed	1555
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	1556
section, no court that sentences an offender under division (A)(4)	1557
or (8) of this section shall impose any sanction other than a	1558
mandatory term of local incarceration or mandatory prison term to	1559
apply to the offender until after the offender has served the	1560
mandatory term of local incarceration or mandatory prison term of	1561
sixty or one hundred twenty consecutive days required to be	1562
imposed pursuant to division (A)(4) or (8) of this section, and no	1563
court that imposes a sentence of imprisonment and a period of	1564
electronically monitored house arrest upon an offender under	1565
division (A)(2), (3), (6), or (7) of this section shall suspend	1566
any portion of the sentence or place the offender in any treatment	1567
program in lieu of imprisonment or electronically monitored house	1568
arrest. Notwithstanding any section of the Revised Code that	1569
authorizes the suspension of the imposition or execution of a	1570
sentence or the placement of an offender in any treatment program	1571
in lieu of imprisonment, no court, except as specifically	1572
authorized by division (A)(1) or (5) of this section, shall	1573
suspend the three or more consecutive days of imprisonment	1574
required to be imposed by division (A)(1) or (5) of this section	1575
or place an offender who is sentenced pursuant to division (A)(1)	1576
or (5) of this section in any treatment program in lieu of	1577
imprisonment until after the offender has served the three or more	1578
consecutive days of imprisonment required to be imposed pursuant	1579
to division (A)(1) or (5) of this section.	1580

(11) No court shall sentence an offender to an alcohol	1581
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	1582
(6), (7), or (8) of this section unless the treatment program	1583
complies with the minimum standards adopted pursuant to Chapter	1584
3793. of the Revised Code by the director of alcohol and drug	1585
addiction services.	1586

(12) No court shall impose the alternative sentence of a	1587
term of imprisonment plus a term of electronically monitored house	1588
arrest permitted to be imposed by division (A)(2), (3), (6), or	1589
(7) of this section, unless within sixty days of the date of	1590
sentencing, the court issues a written finding, entered into the	1591
record, that due to the unavailability of space at the	1592
incarceration facility where the offender is required to serve the	1593
term of imprisonment imposed upon the offender, the offender will	1594
not be able to commence serving the term of imprisonment within	1595
the sixty-day period following the date of sentencing. If the	1596
court issues such a written finding, the court may impose the	1597
alternative sentence comprised of a term of imprisonment and a	1598
term of electronically monitored house arrest permitted to be	1599
imposed by division (A)(2), (3), (6), or (7) of this section.	1600

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	1601
of the Revised Code is guilty of a misdemeanor of the first	1602
degree. The court, in addition to or independent of all other	1603
penalties provided by law, may suspend for a period not to exceed	1604
one year the driver's or commercial driver's license or permit or	1605
nonresident operating privilege of any person who pleads guilty to	1606
or is convicted of a violation of section 4511.192 of the Revised	1607
Code.	1608

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	1609
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	1610
guilty of one of the following:	1611

(1) Except as otherwise provided in division (C)(2) of this	1612
section, a minor misdemeanor.	1613

(2) If the offender previously has been convicted of or	1614
pleaded guilty to one or more violations of section 4511.63,	1615
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	1616
Revised Code or a municipal ordinance that is substantially	1617
similar to any of those sections, a misdemeanor of the fourth	1618
degree.	1619

(D)(1) Whoever violates any provision of sections 4511.01 to	1620
4511.76 or section 4511.84 of the Revised Code, for which no	1621
penalty otherwise is provided in this section is guilty of one of	1622
the following:	1623

(a) Except as otherwise provided in division (D)(1)(b),	1624
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	1625

(b) If, within one year of the offense, the offender	1626
previously has been convicted of or pleaded guilty to one	1627
violation of any provision of sections 4511.01 to 4511.76 or	1628
section 4511.84 of the Revised Code for which no penalty otherwise	1629
is provided in this section or a municipal ordinance that is	1630
substantially similar to any provision of sections 4511.01 to	1631
4511.76 or section 4511.84 of the Revised Code for which no	1632
penalty otherwise is provided in this section, a misdemeanor of	1633
the fourth degree;	1634

(c) If, within one year of the offense, the offender	1635
previously has been convicted of or pleaded guilty to two or more	1636
violations of any provision described in division (D)(1)(b) of	1637
this section or any municipal ordinance that is substantially	1638
similar to any of those provisions, a misdemeanor of the third	1639
degree.	1640

(2) When any person is found guilty of a first offense for a	1641
violation of section 4511.21 of the Revised Code upon a finding	1642
that the person operated a motor vehicle faster than thirty-five	1643
miles an hour in a business district of a municipal corporation,	1644
or faster than fifty miles an hour in other portions, or faster	1645
than thirty-five miles an hour while passing through a school zone	1646
during recess or while children are going to or leaving school	1647
during the opening or closing hours, the person is guilty of a	1648
misdemeanor of the fourth degree.	1649

(3) Notwithstanding section 2929.21 of the Revised Code,	1650
upon a finding that such person operated a motor vehicle in a	1651
construction zone where a sign was then posted in accordance with	1652
section 4511.98 of the Revised Code, the court, in addition to all	1653
other penalties provided by law, shall impose a fine of two times	1654
the usual amount imposed for the violation. No court shall impose	1655
a fine of two times the usual amount imposed for the violation	1656
upon an offender who alleges, in an affidavit filed with the court	1657
prior to the offender's sentencing, that the offender is indigent	1658
and is unable to pay the fine imposed pursuant to this division,	1659
provided the court determines the offender is an indigent person	1660
and is unable to pay the fine.	1661

(4) Notwithstanding section 2929.21 of the Revised Code,	1662
upon a finding that a person operated a motor vehicle in violation	1663
of division (C) of section 4511.213 of the Revised Code, the	1664
court, in addition to all other penalties provided by law, shall	1665
impose a fine of two times the usual amount imposed for the	1666
violation.	1667

(E) Whenever a person is found guilty in a court of record	1668
of a violation of section 4511.761, 4511.762, or 4511.77 of the	1669
Revised Code, the trial judge, in addition to or independent of	1670
all other penalties provided by law, may suspend for any period of	1671
time not exceeding three years, or revoke the license of any	1672
person, partnership, association, or corporation, issued under	1673
section 4511.763 of the Revised Code.	1674

(F) Whoever violates division (E) or (F) of section 4511.51,	1675
division (A), (D), or (E) of section 4511.521, section 4511.681,	1676
division (A) or (C) of section 4511.69, section 4511.772, or	1677
division (A) or (B) of section 4511.82 of the Revised Code is	1678
guilty of a minor misdemeanor.	1679

(G) Whoever violates division (A) of section 4511.75 of the	1680
Revised Code may be fined an amount not to exceed five hundred	1681
dollars. A person who is issued a citation for a violation of	1682
division (A) of section 4511.75 of the Revised Code is not	1683
permitted to enter a written plea of guilty and waive the person's	1684
right to contest the citation in a trial, but instead must appear	1685
in person in the proper court to answer the charge.	1686

(H)(1) Whoever is a resident of this state and violates	1687
division (A) or (B) of section 4511.81 of the Revised Code shall	1688
be punished as follows:	1689

(a) Except as otherwise provided in division (H)(1)(b) of	1690
this section, the offender is guilty of a minor misdemeanor.	1691

(b) If the offender previously has been convicted of or	1692
pleaded guilty to a violation of division (A) or (B) of section	1693
4511.81 of the Revised Code or of a municipal ordinance that is	1694
substantially similar to either of those divisions, the offender	1695
is guilty of a misdemeanor of the fourth degree.	1696

(2) Whoever is not a resident of this state, violates	1697
division (A) or (B) of section 4511.81 of the Revised Code, and	1698
fails to prove by a preponderance of the evidence that the	1699
offender's use or nonuse of a child restraint system was in	1700
accordance with the law of the state of which the offender is a	1701
resident is guilty of a minor misdemeanor on a first offense; on a	1702
second or subsequent offense, that person is guilty of a	1703
misdemeanor of the fourth degree.	1704

(3) All fines imposed pursuant to division (H)(1) or (2) of	1705
this section shall be forwarded to the treasurer of state for	1706
deposit in the "child highway safety fund" created by division (G)	1707
of section 4511.81 of the Revised Code.	1708

(I) Whoever violates section 4511.202 of the Revised Code is	1709
guilty of operating a motor vehicle without being in control of	1710
it, a minor misdemeanor.	1711

(J) Whoever violates division (B) of section 4511.74,	1712
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	1713
section 4511.83 of the Revised Code is guilty of a misdemeanor of	1714
the first degree.	1715

(K) Except as otherwise provided in this division, whoever	1716
violates division (E) of section 4511.11, division (A) or (C) of	1717
section 4511.17, or section 4511.18 of the Revised Code is guilty	1718
of a misdemeanor of the third degree. If a violation of division	1719
(A) or (C) of section 4511.17 of the Revised Code creates a risk	1720
of physical harm to any person, the offender is guilty of a	1721
misdemeanor of the first degree. A violation of division (A) or	1722
(C) of section 4511.17 of the Revised Code that causes serious	1723
physical harm to property that is owned, leased, or controlled by	1724
a state or local authority is a felony of the fifth degree.	1725

(L) Whoever violates division (H) of section 4511.69 of the	1726
Revised Code shall be punished as follows:	1727

(1) Except as otherwise provided in division (L)(2) of this	1728
section, the offender shall be issued a warning.	1729

(2) If the offender previously has been convicted of or	1730
pleaded guilty to a violation of division (H) of section 4511.69	1731
of the Revised Code or of a municipal ordinance that is	1732
substantially similar to that division, the offender shall not be	1733
issued a warning but shall be fined twenty-five dollars for each	1734
parking location that is not properly marked or whose markings are	1735
not properly maintained.	1736

(M) Whoever violates division (A)(1) or (2) of section	1737
4511.45 of the Revised Code is guilty of a misdemeanor of the	1738
fourth degree on a first offense; on a second offense within one	1739
year after the first offense, the person is guilty of a	1740
misdemeanor of the third degree; and on each subsequent offense	1741
within one year after the first offense, the person is guilty of a	1742
misdemeanor of the second degree.	1743

(N)(1) Whoever violates division (B) of section 4511.19 of	1744
the Revised Code is guilty of operating a motor vehicle after	1745
under-age alcohol consumption and shall be punished as follows:	1746

(a) Except as otherwise provided in division (N)(1)(b) of	1747
this section, the offender is guilty of a misdemeanor of the	1748
fourth degree.	1749

(b) The offender is guilty of a misdemeanor of the third	1750
degree if, within one year of the offense, the offender has been	1751
convicted of or pleaded guilty to any violation of the following:	1752

(i) Division (A) or (B) of section 4511.19 of the Revised	1753
Code;	1754

(ii) A municipal ordinance relating to operating a vehicle	1755
while under the influence of alcohol, a drug of abuse, or alcohol	1756
and a drug of abuse;	1757

(iii) A municipal ordinance relating to operating a vehicle	1758
with a prohibited concentration of alcohol in the blood, breath,	1759
or urine;	1760

(iv) Section 2903.04 of the Revised Code in a case in which	1761
the offender was subject to the sanctions described in division	1762
(D) of that section;	1763

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1764
section 2903.08 of the Revised Code or a municipal ordinance that	1765
is substantially similar to either of those divisions;	1766

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	1767
division (A)(2) of section 2903.08 of the Revised Code or a	1768
municipal ordinance that is substantially similar to any of those	1769
divisions, or former section 2903.07 of the Revised Code or a	1770
substantially similar municipal ordinance, in a case in which the	1771
jury or judge found that the offender was under the influence of	1772
alcohol, a drug of abuse, or alcohol and a drug of abuse;	1773

(vii) A statute of the United States or of any other state	1774
or a municipal ordinance of a municipal corporation located in any	1775
other state that is substantially similar to division (A) or (B)	1776
of section 4511.19 of the Revised Code.	1777

(2) In addition to or independent of all other penalties	1778
provided by law, the offender's driver's or commercial driver's	1779
license or permit or nonresident operating privilege shall be	1780
suspended in accordance with, and for the period of time specified	1781
in, division (E) of section 4507.16 of the Revised Code.	1782

(O) Whoever violates section 4511.62 of the Revised Code is	1783
guilty of a misdemeanor of the fourth degree.	1784

(P) Whoever violates division (F)(1)(a) or (b) of section	1785
4511.69 of the Revised Code is guilty of a misdemeanor and shall	1786
be fined not less than two hundred fifty nor more than five	1787
hundred dollars, but in no case shall an offender be sentenced to	1788
any term of imprisonment.	1789

Arrest or conviction for a violation of division (F)(1)(a) or	1790
(b) of section 4511.69 of the Revised Code does not constitute a	1791
criminal record and need not be reported by the person so arrested	1792
or convicted in response to any inquiries contained in any	1793
application for employment, license, or other right or privilege,	1794
or made in connection with the person's appearance as a witness.	1795

Every fine collected under this division shall be paid by the	1796
clerk of the court to the political subdivision in which the	1797
violation occurred. Except as provided in this division, the	1798
political subdivision shall use the fine moneys it receives under	1799
this division to pay the expenses it incurs in complying with the	1800
signage and notice requirements contained in division (E) of	1801
section 4511.69 of the Revised Code. The political subdivision	1802
may use up to fifty per cent of each fine it receives under this	1803
division to pay the costs of educational, advocacy, support, and	1804
assistive technology programs for persons with disabilities, and	1805
for public improvements within the political subdivision that	1806
benefit or assist persons with disabilities, if governmental	1807
agencies or nonprofit organizations offer the programs.	1808

(Q)(1) Whoever violates division (B) or (C) of section	1809
4511.512 of the Revised Code shall be punished as follows:	1810

(a) Except as otherwise provided in division (Q)(1)(b) of	1811
this section, the offender is guilty of a minor misdemeanor and	1812
shall be fined ten dollars.	1813

(b) If the offender previously has been convicted of or	1814
pleaded guilty to a violation of division (B) or (C) of section	1815
4511.512 of the Revised Code or a substantially similar municipal	1816
ordinance, the court shall do one of the following:	1817

(i) Order the impoundment for not less than one day but not	1818
more than thirty days of the electric personal assistive mobility	1819
device that was involved in the current violation of that	1820
division. The court shall order the device to be impounded at a	1821
safe indoor location designated by the court and may assess	1822
storage fees of not more than five dollars per day, provided the	1823
total storage, processing, and release fees assessed against the	1824
offender or the device in connection with the device's impoundment	1825
or subsequent release shall not exceed fifty dollars.	1826

(ii) If the court does not issue an impoundment order	1827
pursuant to division (Q)(1)(b)(i) of this section, issue an order	1828
prohibiting the offender from operating any electric personal	1829
assistive mobility device on the public streets, highways,	1830
sidewalks, and paths and portions of roadways set aside for the	1831
exclusive use of bicycles for not less than one day but not more	1832
than thirty days.	1833

(2) Whoever violates division (D) of section 4511.512 of	1834
the Revised Code is guilty of a minor misdemeanor.	1835

Section 2. That existing sections 4501.01, 4509.01, 4511.01,	1836
and 4511.99 of the Revised Code are hereby repealed.	1837