§ 408.02 GENERAL CODE PENALTY; VIOLATIONS IN CONSTRUCTION ZONES.
   (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 subsection (b) or (c) of this section, a minor misdemeanor;
      (2)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of the fourth degree;
      (3)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.
(ORC 4511.99)
   (b)   (1)   The Director of Public Service may cause signs to be erected advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone. The increased penalties shall be effective only when signs are erected in accordance with the guidelines and design specifications set forth in Ohio R.C. 5501.27 and when a violation occurs during hours of actual work within the construction zone.
      (2)   (EDITOR’S NOTE: The definition contained in this section is also located in Chapter 402, § 402.105.) As used in this section, CONSTRUCTION ZONE means the lane, berm or shoulder of a street or highway open to vehicular traffic, and the area adjacent to a lane, berm or shoulder of a street or highway, within which lane, berm or shoulder construction, reconstruction, resurfacing or any other work of a repair or maintenance nature, including public utility work, is being conducted, commencing with the point where the first worker or piece of equipment is located and ending where the last worker or piece of equipment is located.