(a) Whoever violates any provision of this Traffic Code, for which no penalty is otherwise provided, is guilty of one of the following:
(1) Except as otherwise provided in this section, a misdemeanor of the second degree;
(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of this Traffic Code, a misdemeanor of the first degree.
(b) When any person is found guilty of a first offense for a violation of Section 434.03, upon a finding that the person operated a motor vehicle faster than thirty-five miles an hour in a business district of the Municipality, or faster than fifty miles an hour in other parts of the Municipality, or faster than thirty-five miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, the person is guilty of a misdemeanor of the first degree.
(c) The penalties for the misdemeanors set forth in divisions (a) and (b) of this section shall be as provided in Section 408.01.
(d) (1) Notwithstanding Section 408.01, upon a finding that such person operated a motor vehicle in a construction zone where a sign was then posted in accordance with Ohio R.C. 4511.98, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender who alleges, in an affidavit filed with the court prior to the offender's sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this division, provided the court determines that the offender is an indigent person and is unable to pay the fine.
(2) As used in this division, "construction zone" shall have the meaning given that term in Ohio R.C. 5501.26.
(3) This division shall become effective at the earliest time permitted by law, but not before May 1, 1995.
(Ord. 1996-22. Passed 8-21-96.)