(a) Whoever violates any provision of this Traffic Code for which no penalty otherwise is provided in the section violated is guilty of one of the following:
(1) Except as otherwise provided in division (a)(2), (a)(3), (b), (c) or (d) of this section, a misdemeanor of the third degree;
(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one violation of any provision of this Traffic Code for which no penalty is otherwise provided or of a state law or municipal ordinance that is substantially equivalent to any provision of this Traffic Code for which no penalty is otherwise provided, a misdemeanor of the second degree;
(3) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of any provision described in division (a)(2) of this section or any state law or municipal ordinance that substantially equivalent to those provisions, 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 he or she operated a motor vehicle faster than 35 miles an hour in a business district of the Municipality, or faster than 50 miles an hour in other portions, or faster than 35 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, such person is guilty of a misdemeanor of the second degree.
(c) Notwithstanding Section 408.01 and Ohio R.C. 2929.21, upon a finding that such person operated a motor vehicle in a construction zone, as defined in Ohio R.C. 5501.27, 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 his or her sentencing, that he or she is indigent and is unable to pay the fine imposed pursuant to this division (c), provided the court determines that the offender is an indigent person and is unable to pay the fine.
(d) Notwithstanding Section 408.01, division (c) of this section, and Ohio R.C. 2929.21, upon a finding that a person operated a motor vehicle in violation of Section 432.195(c), 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.
(Adopting Ordinance)