Bill Text: OH SB139 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To double the fine for a speeding violation that occurs in a school zone during restricted hours.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-16 - To Highways & Transportation [SB139 Detail]

Download: Ohio-2009-SB139-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 139

Senator Miller, R. 

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A BILL

To amend section 4511.21 of the Revised Code to

1

double the fine for a speeding violation that

2

occurs in a school zone during restricted hours.

3

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

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

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	6
trackless trolley, or streetcar at a speed greater or less than is	7
reasonable or proper, having due regard to the traffic, surface,	8
and width of the street or highway and any other conditions, and	9
no person shall drive any motor vehicle, trackless trolley, or	10
streetcar in and upon any street or highway at a greater speed	11
than will permit the person to bring it to a stop within the	12
assured clear distance ahead.	13

(B) It is prima-facie lawful, in the absence of a lower limit	14
declared pursuant to this section by the director of	15
transportation or local authorities, for the operator of a motor	16
vehicle, trackless trolley, or streetcar to operate the same at a	17
speed not exceeding the following:	18

(1)(a) Twenty miles per hour in school zones during school	19
recess and while children are going to or leaving school during	20
the opening or closing hours, and when twenty miles per hour	21
school speed limit signs are erected; except that, on	22
controlled-access highways and expressways, if the right-of-way	23
line fence has been erected without pedestrian opening, the speed	24
shall be governed by division (B)(4) of this section and on	25
freeways, if the right-of-way line fence has been erected without	26
pedestrian opening, the speed shall be governed by divisions	27
(B)(9) and (10) of this section. The end of every school zone may	28
be marked by a sign indicating the end of the zone. Nothing in	29
this section or in the manual and specifications for a uniform	30
system of traffic control devices shall be construed to require	31
school zones to be indicated by signs equipped with flashing or	32
other lights, or giving other special notice of the hours in which	33
the school zone speed limit is in effect.	34

(b) As used in this section and in section 4511.212 of the	35
Revised Code, "school" means any school chartered under section	36
3301.16 of the Revised Code and any nonchartered school that	37
during the preceding year filed with the department of education	38
in compliance with rule 3301-35-08 of the Ohio Administrative	39
Code, a copy of the school's report for the parents of the	40
school's pupils certifying that the school meets Ohio minimum	41
standards for nonchartered, nontax-supported schools and presents	42
evidence of this filing to the jurisdiction from which it is	43
requesting the establishment of a school zone. "School" also	44
includes a special elementary school that in writing requests the	45
county engineer of the county in which the special elementary	46
school is located to create a school zone at the location of that	47
school. Upon receipt of such a written request, the county	48
engineer shall create a school zone at that location by erecting	49
the appropriate signs.	50

(c) As used in this section, "school zone" means that portion	51
of a street or highway passing a school fronting upon the street	52
or highway that is encompassed by projecting the school property	53
lines to the fronting street or highway, and also includes that	54
portion of a state highway. Upon request from local authorities	55
for streets and highways under their jurisdiction and that portion	56
of a state highway under the jurisdiction of the director of	57
transportation or a request from a county engineer in the case of	58
a school zone for a special elementary school, the director may	59
extend the traditional school zone boundaries. The distances in	60
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	61
exceed three hundred feet per approach per direction and are	62
bounded by whichever of the following distances or combinations	63
thereof the director approves as most appropriate:	64

(i) The distance encompassed by projecting the school	65
building lines normal to the fronting highway and extending a	66
distance of three hundred feet on each approach direction;	67

(ii) The distance encompassed by projecting the school	68
property lines intersecting the fronting highway and extending a	69
distance of three hundred feet on each approach direction;	70

(iii) The distance encompassed by the special marking of the	71
pavement for a principal school pupil crosswalk plus a distance of	72
three hundred feet on each approach direction of the highway.	73

Nothing in this section shall be construed to invalidate the	74
director's initial action on August 9, 1976, establishing all	75
school zones at the traditional school zone boundaries defined by	76
projecting school property lines, except when those boundaries are	77
extended as provided in divisions (B)(1)(a) and (c) of this	78
section.	79

(d) As used in this division, "crosswalk" has the meaning	80
given that term in division (LL)(2) of section 4511.01 of the	81
Revised Code.	82

The director may, upon request by resolution of the	83
legislative authority of a municipal corporation, the board of	84
trustees of a township, or a county board of mental retardation	85
and developmental disabilities created pursuant to Chapter 5126.	86
of the Revised Code, and upon submission by the municipal	87
corporation, township, or county board of such engineering,	88
traffic, and other information as the director considers	89
necessary, designate a school zone on any portion of a state route	90
lying within the municipal corporation, lying within the	91
unincorporated territory of the township, or lying adjacent to the	92
property of a school that is operated by such county board, that	93
includes a crosswalk customarily used by children going to or	94
leaving a school during recess and opening and closing hours,	95
whenever the distance, as measured in a straight line, from the	96
school property line nearest the crosswalk to the nearest point of	97
the crosswalk is no more than one thousand three hundred twenty	98
feet. Such a school zone shall include the distance encompassed by	99
the crosswalk and extending three hundred feet on each approach	100
direction of the state route.	101

(e) As used in this section, "special elementary school"	102
means a school that meets all of the following criteria:	103

(i) It is not chartered and does not receive tax revenue from	104
any source.	105

(ii) It does not educate children beyond the eighth grade.

106

(iii) It is located outside the limits of a municipal	107
corporation.	108

(iv) A majority of the total number of students enrolled at	109
the school are not related by blood.	110

(v) The principal or other person in charge of the special	111
elementary school annually sends a report to the superintendent of	112
the school district in which the special elementary school is	113
located indicating the total number of students enrolled at the	114
school, but otherwise the principal or other person in charge does	115
not report any other information or data to the superintendent.	116

(2) Twenty-five miles per hour in all other portions of a	117
municipal corporation, except on state routes outside business	118
districts, through highways outside business districts, and	119
alleys;	120

(3) Thirty-five miles per hour on all state routes or through	121
highways within municipal corporations outside business districts,	122
except as provided in divisions (B)(4) and (6) of this section;	123

(4) Fifty miles per hour on controlled-access highways and	124
expressways within municipal corporations;	125

(5) Fifty-five miles per hour on highways outside municipal	126
corporations, other than highways within island jurisdictions as	127
provided in division (B)(8) of this section and freeways as	128
provided in division (B)(13) of this section;	129

(6) Fifty miles per hour on state routes within municipal	130
corporations outside urban districts unless a lower prima-facie	131
speed is established as further provided in this section;	132

(7) Fifteen miles per hour on all alleys within the municipal	133
corporation;	134

(8) Thirty-five miles per hour on highways outside municipal	135
corporations that are within an island jurisdiction;	136

(9) Fifty-five miles per hour at all times on freeways with	137
paved shoulders inside municipal corporations, other than freeways	138
as provided in division (B)(13) of this section;	139

(10) Fifty-five miles per hour at all times on freeways	140
outside municipal corporations, other than freeways as provided in	141
division (B)(13) of this section;	142

(11) Fifty-five miles per hour at all times on all portions	143
of freeways that are part of the interstate system and on all	144
portions of freeways that are not part of the interstate system,	145
but are built to the standards and specifications that are	146
applicable to freeways that are part of the interstate system for	147
operators of any motor vehicle weighing in excess of eight	148
thousand pounds empty weight and any noncommercial bus;	149

(12) Fifty-five miles per hour for operators of any motor	150
vehicle weighing eight thousand pounds or less empty weight and	151
any commercial bus at all times on all portions of freeways that	152
are part of the interstate system and that had such a speed limit	153
established prior to October 1, 1995, and freeways that are not	154
part of the interstate system, but are built to the standards and	155
specifications that are applicable to freeways that are part of	156
the interstate system and that had such a speed limit established	157
prior to October 1, 1995, unless a higher speed limit is	158
established under division (L) of this section;	159

(13) Sixty-five miles per hour for operators of any motor	160
vehicle weighing eight thousand pounds or less empty weight and	161
any commercial bus at all times on all portions of the following:	162

(a) Freeways that are part of the interstate system and that	163
had such a speed limit established prior to October 1, 1995, and	164
freeways that are not part of the interstate system, but are built	165
to the standards and specifications that are applicable to	166
freeways that are part of the interstate system and that had such	167
a speed limit established prior to October 1, 1995;	168

(b) Freeways that are part of the interstate system and	169
freeways that are not part of the interstate system but are built	170
to the standards and specifications that are applicable to	171
freeways that are part of the interstate system, and that had such	172
a speed limit established under division (L) of this section;	173

(c) Rural, divided, multi-lane highways that are designated	174
as part of the national highway system under the "National Highway	175
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	176
and that had such a speed limit established under division (M) of	177
this section.	178

(C) It is prima-facie unlawful for any person to exceed any	179
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	180
(6), (7), and (8) of this section, or any declared pursuant to	181
this section by the director or local authorities and it is	182
unlawful for any person to exceed any of the speed limitations in	183
division (D) of this section. No person shall be convicted of more	184
than one violation of this section for the same conduct, although	185
violations of more than one provision of this section may be	186
charged in the alternative in a single affidavit.	187

(D) No person shall operate a motor vehicle, trackless	188
trolley, or streetcar upon a street or highway as follows:	189

(1) At a speed exceeding fifty-five miles per hour, except	190
upon a freeway as provided in division (B)(13) of this section;	191

(2) At a speed exceeding sixty-five miles per hour upon a	192
freeway as provided in division (B)(13) of this section except as	193
otherwise provided in division (D)(3) of this section;	194

(3) If a motor vehicle weighing in excess of eight thousand	195
pounds empty weight or a noncommercial bus as prescribed in	196
division (B)(11) of this section, at a speed exceeding fifty-five	197
miles per hour upon a freeway as provided in that division;	198

(4) At a speed exceeding the posted speed limit upon a	199
freeway for which the director has determined and declared a speed	200
limit of not more than sixty-five miles per hour pursuant to	201
division (L)(2) or (M) of this section;	202

(5) At a speed exceeding sixty-five miles per hour upon a	203
freeway for which such a speed limit has been established through	204
the operation of division (L)(3) of this section;	205

(6) At a speed exceeding the posted speed limit upon a	206
freeway for which the director has determined and declared a speed	207
limit pursuant to division (I)(2) of this section.	208

(E) In every charge of violation of this section the	209
affidavit and warrant shall specify the time, place, and speed at	210
which the defendant is alleged to have driven, and in charges made	211
in reliance upon division (C) of this section also the speed which	212
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	213
declared pursuant to, this section declares is prima-facie lawful	214
at the time and place of such alleged violation, except that in	215
affidavits where a person is alleged to have driven at a greater	216
speed than will permit the person to bring the vehicle to a stop	217
within the assured clear distance ahead the affidavit and warrant	218
need not specify the speed at which the defendant is alleged to	219
have driven.	220

(F) When a speed in excess of both a prima-facie limitation	221
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	222
this section is alleged, the defendant shall be charged in a	223
single affidavit, alleging a single act, with a violation	224
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	225
(8) of this section, or of a limit declared pursuant to this	226
section by the director or local authorities, and of the	227
limitation in division (D)(1), (2), (3), (4), (5), or (6) of this	228
section. If the court finds a violation of division (B)(1)(a),	229
(2), (3), (4), (6), (7), or (8) of, or a limit declared pursuant	230
to, this section has occurred, it shall enter a judgment of	231
conviction under such division and dismiss the charge under	232
division (D)(1), (2), (3), (4), (5), or (6) of this section. If it	233
finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7),	234
or (8) of, or a limit declared pursuant to, this section, it shall	235
then consider whether the evidence supports a conviction under	236
division (D)(1), (2), (3), (4), (5), or (6) of this section.	237

(G) Points shall be assessed for violation of a limitation	238
under division (D) of this section in accordance with section	239
4510.036 of the Revised Code.	240

(H) Whenever the director determines upon the basis of a	241
geometric and traffic characteristic study that any speed limit	242
set forth in divisions (B)(1)(a) to (D) of this section is greater	243
or less than is reasonable or safe under the conditions found to	244
exist at any portion of a street or highway under the jurisdiction	245
of the director, the director shall determine and declare a	246
reasonable and safe prima-facie speed limit, which shall be	247
effective when appropriate signs giving notice of it are erected	248
at the location.	249

(I)(1) Except as provided in divisions (I)(2) and (K) of this	250
section, whenever local authorities determine upon the basis of an	251
engineering and traffic investigation that the speed permitted by	252
divisions (B)(1)(a) to (D) of this section, on any part of a	253
highway under their jurisdiction, is greater than is reasonable	254
and safe under the conditions found to exist at such location, the	255
local authorities may by resolution request the director to	256
determine and declare a reasonable and safe prima-facie speed	257
limit. Upon receipt of such request the director may determine and	258
declare a reasonable and safe prima-facie speed limit at such	259
location, and if the director does so, then such declared speed	260
limit shall become effective only when appropriate signs giving	261
notice thereof are erected at such location by the local	262
authorities. The director may withdraw the declaration of a	263
prima-facie speed limit whenever in the director's opinion the	264
altered prima-facie speed becomes unreasonable. Upon such	265
withdrawal, the declared prima-facie speed shall become	266
ineffective and the signs relating thereto shall be immediately	267
removed by the local authorities.	268

(2) A local authority may determine on the basis of a	269
geometric and traffic characteristic study that the speed limit of	270
sixty-five miles per hour on a portion of a freeway under its	271
jurisdiction that was established through the operation of	272
division (L)(3) of this section is greater than is reasonable or	273
safe under the conditions found to exist at that portion of the	274
freeway. If the local authority makes such a determination, the	275
local authority by resolution may request the director to	276
determine and declare a reasonable and safe speed limit of not	277
less than fifty-five miles per hour for that portion of the	278
freeway. If the director takes such action, the declared speed	279
limit becomes effective only when appropriate signs giving notice	280
of it are erected at such location by the local authority.	281

(J) Local authorities in their respective jurisdictions may	282
authorize by ordinance higher prima-facie speeds than those stated	283
in this section upon through highways, or upon highways or	284
portions thereof where there are no intersections, or between	285
widely spaced intersections, provided signs are erected giving	286
notice of the authorized speed, but local authorities shall not	287
modify or alter the basic rule set forth in division (A) of this	288
section or in any event authorize by ordinance a speed in excess	289
of fifty miles per hour.	290

Alteration of prima-facie limits on state routes by local	291
authorities shall not be effective until the alteration has been	292
approved by the director. The director may withdraw approval of	293
any altered prima-facie speed limits whenever in the director's	294
opinion any altered prima-facie speed becomes unreasonable, and	295
upon such withdrawal, the altered prima-facie speed shall become	296
ineffective and the signs relating thereto shall be immediately	297
removed by the local authorities.	298

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	299
section, "unimproved highway" means a highway consisting of any of	300
the following:	301

(a) Unimproved earth;

302

(b) Unimproved graded and drained earth;

303

(c) Gravel.

304

(2) Except as otherwise provided in divisions (K)(4) and (5)	305
of this section, whenever a board of township trustees determines	306
upon the basis of an engineering and traffic investigation that	307
the speed permitted by division (B)(5) of this section on any part	308
of an unimproved highway under its jurisdiction and in the	309
unincorporated territory of the township is greater than is	310
reasonable or safe under the conditions found to exist at the	311
location, the board may by resolution declare a reasonable and	312
safe prima-facie speed limit of fifty-five but not less than	313
twenty-five miles per hour. An altered speed limit adopted by a	314
board of township trustees under this division becomes effective	315
when appropriate traffic control devices, as prescribed in section	316
4511.11 of the Revised Code, giving notice thereof are erected at	317
the location, which shall be no sooner than sixty days after	318
adoption of the resolution.	319

(3)(a) Whenever, in the opinion of a board of township	320
trustees, any altered prima-facie speed limit established by the	321
board under this division becomes unreasonable, the board may	322
adopt a resolution withdrawing the altered prima-facie speed	323
limit. Upon the adoption of such a resolution, the altered	324
prima-facie speed limit becomes ineffective and the traffic	325
control devices relating thereto shall be immediately removed.	326

(b) Whenever a highway ceases to be an unimproved highway and	327
the board has adopted an altered prima-facie speed limit pursuant	328
to division (K)(2) of this section, the board shall, by	329
resolution, withdraw the altered prima-facie speed limit as soon	330
as the highway ceases to be unimproved. Upon the adoption of such	331
a resolution, the altered prima-facie speed limit becomes	332
ineffective and the traffic control devices relating thereto shall	333
be immediately removed.	334

(4)(a) If the boundary of two townships rests on the	335
centerline of an unimproved highway in unincorporated territory	336
and both townships have jurisdiction over the highway, neither of	337
the boards of township trustees of such townships may declare an	338
altered prima-facie speed limit pursuant to division (K)(2) of	339
this section on the part of the highway under their joint	340
jurisdiction unless the boards of township trustees of both of the	341
townships determine, upon the basis of an engineering and traffic	342
investigation, that the speed permitted by division (B)(5) of this	343
section is greater than is reasonable or safe under the conditions	344
found to exist at the location and both boards agree upon a	345
reasonable and safe prima-facie speed limit of less than	346
fifty-five but not less than twenty-five miles per hour for that	347
location. If both boards so agree, each shall follow the procedure	348
specified in division (K)(2) of this section for altering the	349
prima-facie speed limit on the highway. Except as otherwise	350
provided in division (K)(4)(b) of this section, no speed limit	351
altered pursuant to division (K)(4)(a) of this section may be	352
withdrawn unless the boards of township trustees of both townships	353
determine that the altered prima-facie speed limit previously	354
adopted becomes unreasonable and each board adopts a resolution	355
withdrawing the altered prima-facie speed limit pursuant to the	356
procedure specified in division (K)(3)(a) of this section.	357

(b) Whenever a highway described in division (K)(4)(a) of	358
this section ceases to be an unimproved highway and two boards of	359
township trustees have adopted an altered prima-facie speed limit	360
pursuant to division (K)(4)(a) of this section, both boards shall,	361
by resolution, withdraw the altered prima-facie speed limit as	362
soon as the highway ceases to be unimproved. Upon the adoption of	363
the resolution, the altered prima-facie speed limit becomes	364
ineffective and the traffic control devices relating thereto shall	365
be immediately removed.	366

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

367

(a) "Commercial subdivision" means any platted territory	368
outside the limits of a municipal corporation and fronting a	369
highway where, for a distance of three hundred feet or more, the	370
frontage is improved with buildings in use for commercial	371
purposes, or where the entire length of the highway is less than	372
three hundred feet long and the frontage is improved with	373
buildings in use for commercial purposes.	374

(b) "Residential subdivision" means any platted territory	375
outside the limits of a municipal corporation and fronting a	376
highway, where, for a distance of three hundred feet or more, the	377
frontage is improved with residences or residences and buildings	378
in use for business, or where the entire length of the highway is	379
less than three hundred feet long and the frontage is improved	380
with residences or residences and buildings in use for business.	381

Whenever a board of township trustees finds upon the basis of	382
an engineering and traffic investigation that the prima-facie	383
speed permitted by division (B)(5) of this section on any part of	384
a highway under its jurisdiction that is located in a commercial	385
or residential subdivision, except on highways or portions thereof	386
at the entrances to which vehicular traffic from the majority of	387
intersecting highways is required to yield the right-of-way to	388
vehicles on such highways in obedience to stop or yield signs or	389
traffic control signals, is greater than is reasonable and safe	390
under the conditions found to exist at the location, the board may	391
by resolution declare a reasonable and safe prima-facie speed	392
limit of less than fifty-five but not less than twenty-five miles	393
per hour at the location. An altered speed limit adopted by a	394
board of township trustees under this division shall become	395
effective when appropriate signs giving notice thereof are erected	396
at the location by the township. Whenever, in the opinion of a	397
board of township trustees, any altered prima-facie speed limit	398
established by it under this division becomes unreasonable, it may	399
adopt a resolution withdrawing the altered prima-facie speed, and	400
upon such withdrawal, the altered prima-facie speed shall become	401
ineffective, and the signs relating thereto shall be immediately	402
removed by the township.	403

(L)(1) Within one hundred twenty days of February 29, 1996,	404
the director of transportation, based upon a geometric and traffic	405
characteristic study of a freeway that is part of the interstate	406
system or that is not part of the interstate system, but is built	407
to the standards and specifications that are applicable to	408
freeways that are part of the interstate system, in consultation	409
with the director of public safety and, if applicable, the local	410
authority having jurisdiction over a portion of such freeway, may	411
determine and declare that the speed limit of less than sixty-five	412
miles per hour established on such freeway or portion of freeway	413
either is reasonable and safe or is less than that which is	414
reasonable and safe.	415

(2) If the established speed limit for such a freeway or	416
portion of freeway is determined to be less than that which is	417
reasonable and safe, the director of transportation, in	418
consultation with the director of public safety and, if	419
applicable, the local authority having jurisdiction over the	420
portion of freeway, shall determine and declare a reasonable and	421
safe speed limit of not more than sixty-five miles per hour for	422
that freeway or portion of freeway.	423

The director of transportation or local authority having	424
jurisdiction over the freeway or portion of freeway shall erect	425
appropriate signs giving notice of the speed limit at such	426
location within one hundred fifty days of February 29, 1996. Such	427
speed limit becomes effective only when such signs are erected at	428
the location.	429

(3) If, within one hundred twenty days of February 29, 1996,	430
the director of transportation does not make a determination and	431
declaration of a reasonable and safe speed limit for a freeway or	432
portion of freeway that is part of the interstate system or that	433
is not part of the interstate system, but is built to the	434
standards and specifications that are applicable to freeways that	435
are part of the interstate system and that has a speed limit of	436
less than sixty-five miles per hour, the speed limit on that	437
freeway or portion of a freeway shall be sixty-five miles per	438
hour. The director of transportation or local authority having	439
jurisdiction over the freeway or portion of the freeway shall	440
erect appropriate signs giving notice of the speed limit of	441
sixty-five miles per hour at such location within one hundred	442
fifty days of February 29, 1996. Such speed limit becomes	443
effective only when such signs are erected at the location. A	444
speed limit established through the operation of division (L)(3)	445
of this section is subject to reduction under division (I)(2) of	446
this section.	447

(M) Within three hundred sixty days after February 29, 1996,	448
the director of transportation, based upon a geometric and traffic	449
characteristic study of a rural, divided, multi-lane highway that	450
has been designated as part of the national highway system under	451
the "National Highway System Designation Act of 1995," 109 Stat.	452
568, 23 U.S.C.A. 103, in consultation with the director of public	453
safety and, if applicable, the local authority having jurisdiction	454
over a portion of the highway, may determine and declare that the	455
speed limit of less than sixty-five miles per hour established on	456
the highway or portion of highway either is reasonable and safe or	457
is less than that which is reasonable and safe.	458

If the established speed limit for the highway or portion of	459
highway is determined to be less than that which is reasonable and	460
safe, the director of transportation, in consultation with the	461
director of public safety and, if applicable, the local authority	462
having jurisdiction over the portion of highway, shall determine	463
and declare a reasonable and safe speed limit of not more than	464
sixty-five miles per hour for that highway or portion of highway.	465
The director of transportation or local authority having	466
jurisdiction over the highway or portion of highway shall erect	467
appropriate signs giving notice of the speed limit at such	468
location within three hundred ninety days after February 29, 1996.	469
The speed limit becomes effective only when such signs are erected	470
at the location.	471

(N)(1)(a) If the boundary of two local authorities rests on	472
the centerline of a highway and both authorities have jurisdiction	473
over the highway, the speed limit for the part of the highway	474
within their joint jurisdiction shall be either one of the	475
following as agreed to by both authorities:	476

(i) Either prima-facie speed limit permitted by division (B)	477
of this section;	478

(ii) An altered speed limit determined and posted in	479
accordance with this section.	480

(b) If the local authorities are unable to reach an	481
agreement, the speed limit shall remain as established and posted	482
under this section.	483

(2) Neither local authority may declare an altered	484
prima-facie speed limit pursuant to this section on the part of	485
the highway under their joint jurisdiction unless both of the	486
local authorities determine, upon the basis of an engineering and	487
traffic investigation, that the speed permitted by this section is	488
greater than is reasonable or safe under the conditions found to	489
exist at the location and both authorities agree upon a uniform	490
reasonable and safe prima-facie speed limit of less than	491
fifty-five but not less than twenty-five miles per hour for that	492
location. If both authorities so agree, each shall follow the	493
procedure specified in this section for altering the prima-facie	494
speed limit on the highway, and the speed limit for the part of	495
the highway within their joint jurisdiction shall be uniformly	496
altered. No altered speed limit may be withdrawn unless both local	497
authorities determine that the altered prima-facie speed limit	498
previously adopted becomes unreasonable and each adopts a	499
resolution withdrawing the altered prima-facie speed limit	500
pursuant to the procedure specified in this section.	501

(O) As used in this section:

502

(1) "Interstate system" has the same meaning as in 23	503
U.S.C.A. 101.	504

(2) "Commercial bus" means a motor vehicle designed for	505
carrying more than nine passengers and used for the transportation	506
of persons for compensation.	507

(3) "Noncommercial bus" includes but is not limited to a	508
school bus or a motor vehicle operated solely for the	509
transportation of persons associated with a charitable or	510
nonprofit organization.	511

(P)(1) A violation of any provision of this section is one of	512
the following:	513

(a) Except as otherwise provided in divisions (P)(1)(b),	514
(1)(c), (2), and (3), and (4) of this section, a minor	515
misdemeanor;	516

(b) If, within one year of the offense, the offender	517
previously has been convicted of or pleaded guilty to two	518
violations of any provision of this section or of any provision of	519
a municipal ordinance that is substantially similar to any	520
provision of this section, a misdemeanor of the fourth degree;	521

(c) If, within one year of the offense, the offender	522
previously has been convicted of or pleaded guilty to three or	523
more violations of any provision of this section or of any	524
provision of a municipal ordinance that is substantially similar	525
to any provision of this section, a misdemeanor of the third	526
degree.	527

(2) If the offender has not previously been convicted of or	528
pleaded guilty to a violation of any provision of this section or	529
of any provision of a municipal ordinance that is substantially	530
similar to this section and operated a motor vehicle faster than	531
thirty-five miles an hour in a business district of a municipal	532
corporation, faster than fifty miles an hour in other portions of	533
a municipal corporation, or faster than thirty-five miles an hour	534
in a school zone during recess or while children are going to or	535
leaving school during the school's opening or closing hours, a	536
misdemeanor of the fourth degree.	537

(3) Notwithstanding division (P)(1) of this section, if the	538
offender operated a motor vehicle in a construction zone where a	539
sign was then posted in accordance with section 4511.98 of the	540
Revised Code, the court, in addition to all other penalties	541
provided by law, shall impose upon the offender a fine of two	542
times the usual amount imposed for the violation. No court shall	543
impose a fine of two times the usual amount imposed for the	544
violation upon an offender if the offender alleges, in an	545
affidavit filed with the court prior to the offender's sentencing,	546
that the offender is indigent and is unable to pay the fine	547
imposed pursuant to this division and if the court determines that	548
the offender is an indigent person and unable to pay the fine.	549

(4) Notwithstanding division (P)(1) of this section, upon a	550
finding that a person operated a motor vehicle in violation of	551
section 4511.21 of the Revised Code while passing through a school	552
zone during recess or while children are going to or leaving	553
school during the opening or closing hours, the court, in addition	554
to all other penalties provided by law, shall impose upon the	555
offender a fine of two times the usual amount imposed for the	556
violation. No court shall impose a fine of two times the usual	557
amount imposed for the violation upon an offender if the offender	558
alleges, in an affidavit filed with the court prior to the	559
offender's sentencing, that the offender is indigent and is unable	560
to pay the fine imposed pursuant to this division and if the court	561
determines the offender is an indigent person and unable to pay	562
the fine.	563

Section 2.  That existing section 4511.21 of the Revised Code	564
is hereby repealed.	565