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marking material on the surface of a roadway while the marking <br />material is in an undried condition and is marked by flags, <br />markers, signs or other devices intended to protect it; <br />(3) Knowingly move, damage, destroy or otherwise improperly <br />tamper with a manhole cover. <br />(b) (1) Except as otherwise rovided in this subsection, whoever violates <br />subsection (a (1) or ~3) of this section is guilty of a misdemeanor <br />of the third degree. If a violation of subsection (a)(1) or (3) of <br />this section creates a risk of physical harm to any person, the <br />offender is guilty of a misdemeanor of the first degree. If a <br />violation of subsection (a)(1) or (3) of this section causes serious <br />physical harm to property that is owned, leased, or controlled by a <br />state or local authority, the offender is guilty of a felony and shall <br />be prosecuted under appropriate state law. <br />(2) Except as otherwise provided in this subsection, whoever violates <br />subsection (a)(2) of this section is guilty of a minor misdemeanor. <br />If, within one year of the offense, the offender previously has <br />been convicted of or pleaded guilty to one predicate motor vehicle <br />or traffic offense, whoever violates subsection (a)(2) of this <br />section is guilty of a misdemeanor of the fourth degree. If, within <br />one year of the offense, the offender previously has been <br />convicted of two or more predicate motor vehicle or traffic <br />offenses, whoever violates subsection (a)(2) of this section is <br />uilty of a misdemeanor of the third degree. <br />~ORC 4511.17) <br />313.085 UNLAWFUL PURCHASE, POSSESSION OR SALE. <br />(a) As used in this section, "traffic control device" means any sign, traffic control <br />signal or other device conforming to and placed or erected in accordance with the <br />manual adopted under Ohio R.C. 4511.09 by authority of a public body or official having <br />jurisdiction for the purpose of regulating, warning or guiding traffic, including signs <br />denoting tie names of streets and highways, but does not mean any pavement <br />marking. <br />(b) No individual shall buy or otherwise possess or sell, a traffic control <br />device, except when one of the following applies: <br />(1) In the course of the individual's employment by the State or a <br />local authority for the express or implied purpose of <br />manufacturing, providing, erecting, moving or removing such a <br />traffic control device; <br />(2) In the course of the individual's employment by any manufacturer <br />of traffic control devices other than a State or local authority; <br />(3) For the purpose of demonstrating the design and function of a <br />traffic control device to State or local officials; <br />(4) When the traffic control device has been purchased from the <br />State or a .local authority at a sale of property that is no longer <br />needed or is unfit for use; <br />(5) The traffic control device has been properly purchased from a <br />manufacturer for use on private property and the person <br />possessing the device .has a sales receipt for the device or other <br />acknowledgment of sale issued by the manufacturer. <br />(c) This section does not preclude, and shall not be construed as precluding, <br />prosecution for theft in violation of Ohio R.C. 2913.02 or a municipal ordinance relating <br />20 <br />