408.02 GENERAL CODE PENALTY.
   (a)   Whoever violates any provision of this Traffic Code, for which no penalty otherwise is provided, is guilty of one of the following:
      (1)   Except as otherwise provided in this section, a misdemeanor of the fourth 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, a misdemeanor of the third 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 provisions of this Traffic Code, a misdemeanor of the second 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 35 miles an hour in a business district of the Municipality, or faster than 50 miles an hour in other parts of the Municipality, 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 third 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)   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 (d), provided the court determines that the offender is an indigent person and is unable to pay the fine.
   (e)   As used in division (d) of this section, "construction zone" shall have the meaning given that term in Ohio R.C. 5501.27.
   (f)   Division (d) shall become effective at the earliest time permitted by law, but not before May 1, 1995.