As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 187 5
1997-1998 6
SENATOR WHITE 8
10
A B I L L
To amend sections 123.01, 145.01, 145.33, 1501.01, 12
1501.02, 1501.10, 1502.01, 1502.04, 1502.05, 13
1502.99, 1503.01, 1503.05, 1503.29, 1503.43, 14
1504.02, 1505.10, 1505.99, 1506.02, 1506.11,
1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 15
1509.072, 1509.13, 1509.14, 1509.22, 1509.222, 16
1509.31, 1511.02, 1511.022, 1513.02, 1513.18,
1513.181, 1513.20, 1513.30, 1513.37, 1515.03, 17
1515.08, 1515.24, 1517.10, 1517.14, 1518.20 to 18
1518.27, 1518.99, 1520.01 to 1520.03, 1521.03, 19
1521.05, 1531.01, 1531.06, 1531.13, 1531.20,
1531.99, 1533.01, 1533.06, 1533.08, 1533.10, 20
1533.12, 1533.171, 1533.24, 1533.67, 1533.68, 21
1533.70, 1533.71, 1533.82, 1533.99, 1541.03,
1541.10, 1547.01, 1547.03, 1547.04, 1547.08, 22
1547.09, 1547.111, 1547.12, 1547.13, 1547.131, 23
1547.14, 1547.15, 1547.22, 1547.25, 1547.251, 24
1547.26, 1547.30, 1547.302, 1547.31, 1547.33,
1547.39, 1547.40, 1547.52, 1547.521, 1547.57, 25
1547.69, 1548.01, 1548.05, 1548.06, 2935.01, 26
2935.03, 3937.42, 4905.03, 5749.02, and 6111.42;
to amend, for the purpose of adopting new section 27
numbers as indicated in parentheses, sections 28
1518.20 (1533.86), 1518.21 (1533.87), 1518.22 29
(1533.88), 1518.23 (1533.881), 1518.24
(1533.882), 1518.25 (1533.89), 1518.26 30
(1533.891), and 1518.27 (1533.90); to enact
sections 1531.202 and 1531.34; and to repeal 31
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sections 1515.06 and 1515.071 of the Revised Code 32
to revise the statutes governing the Department 33
of Natural Resources; to maintain the provisions 34
of this act on and after March 4, 1998, by
amending the version of section 1506.11 of the 35
Revised Code that takes effect on that date; and 36
to maintain the provisions of this act on and 37
after January 1, 2000, by amending the version of
section 1547.31 of the Revised Code that takes 38
effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
Section 1. That sections 123.01, 145.01, 145.33, 1501.01, 42
1501.02, 1501.10, 1502.01, 1502.04, 1502.05, 1502.99, 1503.01, 43
1503.05, 1503.29, 1503.43, 1504.02, 1505.10, 1505.99, 1506.02, 44
1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 1509.072, 45
1509.13, 1509.14, 1509.22, 1509.222, 1509.31, 1511.02, 1511.022, 46
1513.02, 1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 1515.03, 47
1515.08, 1515.24, 1517.10, 1517.14, 1518.20, 1518.21, 1518.22, 48
1518.23, 1518.24, 1518.25, 1518.26, 1518.27, 1518.99, 1520.01, 49
1520.02, 1520.03, 1521.03, 1521.05, 1531.01, 1531.06, 1531.13, 50
1531.20, 1531.99, 1533.01, 1533.06, 1533.08, 1533.10, 1533.12, 51
1533.171, 1533.24, 1533.67, 1533.68, 1533.70, 1533.71, 1533.82, 52
1533.99, 1541.03, 1541.10, 1547.01, 1547.03, 1547.04, 1547.08, 53
1547.09, 1547.111, 1547.12, 1547.13, 1547.131, 1547.14, 1547.15, 54
1547.22, 1547.25, 1547.251, 1547.26, 1547.30, 1547.302, 1547.31, 55
1547.33, 1547.39, 1547.40, 1547.52, 1547.521, 1547.57, 1547.69, 56
1548.01, 1548.05, 1548.06, 2935.01, 2935.03, 3937.42, 4905.03, 57
5749.02, and 6111.42 be amended, sections 1518.20 (1533.86), 58
1518.21 (1533.87), 1518.22 (1533.88), 1518.23 (1533.881), 1518.24 59
(1533.882), 1518.25 (1533.89), 1518.26 (1533.891), and 1518.27 60
(1533.90) be amended for the purpose of adopting new section 61
numbers as indicated in parentheses, and sections 1531.202 and 62
1531.34 of the Revised Code be enacted to read as follows: 63
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Sec. 123.01. (A) The department of administrative 74
services, in addition to those powers enumerated in Chapters 124. 75
and 125. of the Revised Code, and as provided elsewhere by law, 76
shall exercise the following powers: 77
(1) To prepare, or contract to be prepared, by licensed 79
engineers or architects, surveys, general and detailed plans, 80
specifications, bills of materials, and estimates of cost for any 81
projects, improvements, or public buildings to be constructed by 82
state agencies that may be authorized by legislative 83
appropriations or any other funds made available therefor, 84
provided that the construction of the projects, improvements, or 85
public buildings is a statutory duty of the department. This 86
section does not require the independent employment of an 87
architect or engineer as provided by section 153.01 of the 88
Revised Code in the cases to which that section applies nor 89
affect or alter the existing powers of the director of 90
transportation. 91
(2) To have general supervision over the construction of 93
any projects, improvements, or public buildings constructed for a 94
state agency and over the inspection of materials previous to 95
their incorporation into those projects, improvements, or 96
buildings; 97
(3) To make contracts for and supervise the construction 99
of any projects and improvements or the construction and repair 100
of buildings under the control of a state agency, except 101
contracts for the repair of buildings under the management and 102
control of the departments of public safety, human services, 103
mental health, mental retardation and developmental disabilities, 104
rehabilitation and correction, and youth services, the bureau of 105
workers' compensation, the bureau of employment services, the 106
rehabilitation services commission, and boards of trustees of 107
educational and benevolent institutions. These contracts shall 108
be made and entered into by the directors of public safety, human 109
services, mental health, mental retardation and developmental 110
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disabilities, rehabilitation and correction, and youth services, 111
the administrator of workers' compensation, the administrator of 112
the bureau of employment services, the rehabilitation services 113
commission, and the boards of trustees of such institutions, 114
respectively. All such contracts may be in whole or in part on 115
unit price basis of maximum estimated cost, with payment computed 116
and made upon actual quantities or units. 117
(4) To prepare and suggest comprehensive plans for the 119
development of grounds and buildings under the control of a state 120
agency; 121
(5) To acquire, by purchase, gift, devise, lease, or 123
grant, all real estate required by a state agency, in the 124
exercise of which power the department may exercise the power of 125
eminent domain, in the manner provided by sections 163.01 to 126
163.22 of the Revised Code; 127
(6) To make and provide all plans, specifications, and 129
models for the construction and perfection of all systems of 130
sewerage, drainage, and plumbing for the state in connection with 131
buildings and grounds under the control of a state agency; 132
(7) To erect, supervise, and maintain all public monuments 134
and memorials erected by the state, except where the supervision 135
and maintenance is otherwise provided by law; 136
(8) To procure, by lease, storage accommodations for a 138
state agency; 139
(9) To lease or grant easements or licenses for 141
unproductive and unused lands or other property under the control 142
of a state agency. Such THE leases, easements, or licenses shall 144
be granted for a period not to exceed fifteen years and shall be 145
executed for the state by the director of administrative services 146
and the governor and shall be approved as to form by the attorney 147
general, provided that leases, easements, or licenses may be 148
granted to any county, township, municipal corporation, port 149
authority, water or sewer district, school district, library 150
district, health district, park district, soil and water 151
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conservation district, conservancy district, or other political 152
subdivision or taxing district, or any agency of the United 153
States government, for the exclusive use of that agency, 154
political subdivision, or taxing district, without any right of 155
sublease or assignment, for a period not to exceed fifteen years, 156
and provided that the director shall grant leases, easements, or 157
licenses of university land for periods not to exceed twenty-five 158
years for purposes approved by the respective university's board 159
of trustees wherein the uses are compatible with the uses and 160
needs of the university and may grant leases of university land 161
for periods not to exceed forty years for purposes approved by 162
the respective university's board of trustees pursuant to section 163
123.77 of the Revised Code. 164
(10) To lease office space in buildings for the use of a 166
state agency; 167
(11) To have general supervision and care of the 169
storerooms, offices, and buildings leased for the use of a state 170
agency; 171
(12) To exercise general custodial care of all real 173
property of the state; 174
(13) To assign and group together state offices in any 176
city in the state and to establish, in cooperation with the state 177
agencies involved, rules governing space requirements for office 178
or storage use; 179
(14) To lease for a period not to exceed forty years, 181
pursuant to a contract providing for the construction thereof 182
under a lease-purchase plan, buildings, structures, and other 183
improvements for any public purpose, and, in conjunction 184
therewith, to grant leases, easements, or licenses for lands 185
under the control of a state agency for a period not to exceed 186
forty years. The lease-purchase plan shall provide that at the 187
end of the lease period, the buildings, structures, and related 188
improvements, together with the land on which they are situated, 189
shall become the property of the state without cost. 190
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(a) Whenever any building, structure, or other improvement 192
is to be so leased by a state agency, the department shall retain 193
either basic plans, specifications, bills of materials, and 194
estimates of cost with sufficient detail to afford bidders all 195
needed information or, alternatively, all of the following plans, 196
details, bills of materials, and specifications: 197
(i) Full and accurate plans suitable for the use of 199
mechanics and other builders in the improvement; 200
(ii) Details to scale and full sized, so drawn and 202
represented as to be easily understood; 203
(iii) Accurate bills showing the exact quantity of 205
different kinds of material necessary to the construction; 206
(iv) Definite and complete specifications of the work to 208
be performed, together with such directions as THAT will enable a 210
competent mechanic or other builder to carry them out and afford 211
bidders all needed information; 212
(v) A full and accurate estimate of each item of expense 214
and of the aggregate cost thereof. 215
(b) The department shall give public notice, in such THE 217
newspaper, in such THE form, and with such THE phraseology as 219
THAT the director of administrative services prescribes, 220
published once each week for four consecutive weeks, of the time 221
when and place where bids will be received for entering into an 222
agreement to lease to a state agency a building, structure, or 223
other improvement. The last publication shall be at least eight 224
days preceding the day for opening the bids. The bids shall 225
contain the terms upon which the builder would propose to lease 226
the building, structure, or other improvement to the state 227
agency. The form of the bid approved by the department shall be 228
used, and a bid is invalid and shall not be considered unless 229
that form is used without change, alteration, or addition. 230
Before submitting bids pursuant to this section, any builder 231
shall comply with Chapter 153. of the Revised Code. 232
(c) On the day and at the place named for receiving bids 234
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for entering into lease agreements with a state agency, the 235
director of administrative services shall open the bids and shall 236
publicly proceed PUBLICLY AND immediately to tabulate the bids 237
upon duplicate sheets. No lease agreement shall be entered into 239
until the bureau of workers' compensation has certified that the 240
person to be awarded the lease agreement has complied with 241
Chapter 4123. of the Revised Code, until, if the builder 242
submitting the lowest and best bid is a foreign corporation, the 243
secretary of state has certified that the corporation is 244
authorized to do business in this state, until, if the builder 245
submitting the lowest and best bid is a person nonresident of 246
this state, the person has filed with the secretary of state a 247
power of attorney designating the secretary of state as its agent 248
for the purpose of accepting service of summons in any action 249
brought under Chapter 4123. of the Revised Code, and until the 250
agreement is submitted to the attorney general and the attorney 251
general's approval is certified thereon. Within thirty days 253
after the day on which the bids are received, the department 254
shall investigate the bids received and shall determine that the 255
bureau and the secretary of state have made the certifications 256
required by DIVISION (A)(14)(c) OF this section of the builder 257
who has submitted the lowest and best bid. Within ten days of 258
the completion of the investigation of the bids, the department 259
shall award the lease agreement to the builder who has submitted 260
the lowest and best bid and who has been certified by the bureau 261
and secretary of state as required by DIVISION (A)(14)(c) OF this 263
section. If bidding for the lease agreement has been conducted 264
upon the basis of basic plans, specifications, bills of 265
materials, and estimates of costs, upon the award to the builder 266
the department, or the builder with the approval of the 267
department, shall appoint an architect or engineer licensed in 268
this state to prepare such further detailed plans, 269
specifications, and bills of materials as THAT are required to 271
construct the building, structure, or improvement. The 272
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department shall adopt such rules as THAT are necessary to give 274
effect to DIVISION (A)(14) OF this section. The department may 275
reject any bid. Where there is reason to believe there is 276
collusion or combination among bidders, the bids of those 277
concerned therein shall be rejected. 278
(15) To acquire by purchase, gift, devise, or grant and to 280
transfer, lease, or otherwise dispose of all real property 281
required to assist in the development of a conversion facility as 282
defined in section 5709.30 of the Revised Code; 283
(16) To lease for a period not to exceed forty years, 285
notwithstanding any other division of this section, the 286
state-owned property located at 408-450 East Town Street, 287
Columbus, Ohio, formerly the state school for the deaf, to a 288
developer in accordance with DIVISION (A)(16) OF this section. 290
"Developer," as used in DIVISION (A)(16) OF this section, has the 291
same meaning as in section 123.77 of the Revised Code. 293
Such a lease shall be for the purpose of development of the 295
land for use by senior citizens by constructing, altering, 296
renovating, repairing, expanding, and improving the site as it 297
existed on June 25, 1982. A developer desiring to lease the land 298
shall prepare for submission to the department a plan for 299
development. Plans shall include provisions for roads, sewers, 300
water lines, waste disposal, water supply, and similar matters to 301
meet the requirements of state and local laws. The plans ALSO 302
shall also include provision for protection of the property by 303
insurance or otherwise, and plans for financing the development, 304
and shall set forth details of the developer's financial 305
responsibility. 306
The department may employ, as employees or consultants, 308
persons needed to assist in reviewing the development plans. 309
Those persons may include attorneys, financial experts, 310
engineers, and other necessary experts. The department shall 311
review the development plans and may enter into a lease if it 312
finds all of the following: 313
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(a) The best interests of the state will be promoted by 315
entering into a lease with the developer; 316
(b) The development plans are satisfactory; 318
(c) The developer has established the developer's 320
financial responsibility and satisfactory plans for financing the 321
development. 322
The lease shall contain a provision that construction or 324
renovation of the buildings, roads, structures, and other 325
necessary facilities shall begin within one year after the date 326
of the lease and shall proceed according to a schedule agreed to 327
between the department and the developer or the lease will be 328
terminated. The lease shall contain such conditions and 329
stipulations as THAT the director considers necessary to preserve 331
the best interest of the state. Moneys received by the state 332
pursuant to this lease shall be paid into the general revenue 333
fund. The lease shall provide that at the end of the lease 334
period, the buildings, structures, and related improvements shall 335
become the property of the state without cost. 336
(17) To lease to any person any tract of land owned by the 338
state and under the control of the department, or any part of 339
such a tract, for the purpose of drilling for or the pooling of 340
oil or gas. Such a lease shall be granted for a period not 341
exceeding forty years, with the full power to contract for, 342
determine the conditions governing, and specify the amount the 343
state shall receive for the purposes specified in the lease, and 344
shall be prepared as in other cases. 345
(B) This section and section 125.02 of the Revised Code 347
shall not interfere with any of the following: 348
(1) The power of the adjutant general to purchase military 350
supplies, or with the custody of the adjutant general of property 351
leased, purchased, or constructed by the state and used for 352
military purposes, or with the functions of the adjutant general 353
as director of state armories; 354
(2) The power of the director of transportation in 356
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acquiring rights-of-way for the state highway system, or the 357
leasing of lands for division or resident district offices, or 358
the leasing of lands or buildings required in the maintenance 359
operations of the department of transportation, or the purchase 360
of real property for garage sites or division or resident 362
district offices, or in preparing plans and specifications for 363
and constructing such buildings as THAT the director may require 364
in the administration of the department; 366
(3) The power of the director of public safety and the 368
registrar of motor vehicles to purchase or lease real property 369
and buildings to be used solely as locations to which a deputy 370
registrar is assigned pursuant to division (B) of section 371
4507.011 of the Revised Code and from which the deputy registrar 372
is to conduct the deputy registrar's business, the power of the 373
director of public safety to purchase or lease real property and 374
buildings to be used as locations for division or district 375
offices as required in the maintenance of operations of the 376
department of public safety, and the power of the superintendent 377
of the state highway patrol in the purchase or leasing of real 378
property and buildings needed by the patrol, to negotiate the 379
sale of real property owned by the patrol, to rent or lease real 380
property owned or leased by the patrol, and to make or cause to 381
be made repairs to all property owned or under the control of the 382
patrol;
(4) The power of the division of liquor control in the 384
leasing or purchasing of retail outlets and warehouse facilities 385
for the use of the division; 386
(5) The power of the director of development to enter into 388
leases of real property, buildings, and office space to be used 389
solely as locations for the state's foreign offices to carry out 390
the purposes of section 122.05 of the Revised Code; 391
(6) THE POWER OF THE DIRECTOR OF NATURAL RESOURCES TO 394
PURCHASE, LEASE, OR OTHERWISE ACQUIRE REAL PROPERTY RIGHTS OR 395
PRIVILEGES NECESSARY FOR THE PURPOSES OF THE DEPARTMENT OF 396
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NATURAL RESOURCES OR ANY DIVISION IN IT, INCLUDING THE LEASE OF 397
OFFICE SPACE AND STORAGE ACCOMMODATIONS. 398
(C) Purchases for, and the custody and repair of, 400
buildings under the management and control of the capitol square 401
review and advisory board, the rehabilitation services 402
commission, the bureau of employment services, the bureau of 403
workers' compensation, or the departments of public safety, human 405
services, mental health, mental retardation and developmental 406
disabilities, and rehabilitation and correction, and buildings of 407
educational and benevolent institutions under the management and 408
control of boards of trustees, are not subject to the control and 409
jurisdiction of the department of administrative services. 410
Sec. 145.01. As used in this chapter: 419
(A) "Public employee" means: 421
(1) Any person holding an office, not elective, under the 423
state or any county, township, municipal corporation, park 424
district, conservancy district, sanitary district, health 425
district, metropolitan housing authority, state retirement board, 426
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 427
university, or board, bureau, commission, council, committee, 428
authority, or administrative body as the same are, or have been, 429
created by action of the general assembly or by the legislative 430
authority of any of the units of local government named in this 431
division (A)(1) OF THIS SECTION, or employed and paid in whole or 432
in part by the state or any of the authorities named in this 433
division (A)(1) OF THIS SECTION in any capacity not covered by 434
section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. 435
(2) A person who is a member of the public employees 437
retirement system AND who continues to perform the same or 439
similar duties under the direction of a contractor who has 440
contracted to take over what before the date of the contract was 441
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 442
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purposes of administering this chapter. 443
(3) Any person who is an employee of a public employer, 445
notwithstanding that the person's compensation for that 446
employment is derived from funds of a person or entity other than 447
the employer. Credit for such service shall be included as total 448
service credit, provided that the employee makes the payments 449
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 450
In all cases of doubt, the public employees retirement 452
board shall determine whether any person is a public employee, 453
and its decision is final.
(B) "Member" means any public employee, other than a 455
public employee excluded or exempted from membership in the 456
retirement system by section 145.03, 145.031, 145.032, 145.033, 457
145.034, 145.035, or 145.38 of the Revised Code. "Member" 458
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 459
includes a disability benefit recipient. 460
(C) "Head of the department" means the elective or 462
appointive head of the several executive, judicial, and 463
administrative departments, institutions, boards, and commissions 464
of the state and local government as the same are created and 465
defined by the laws of this state or, in case of a charter
government, by that charter. 466
(D) "Employer" or "public employer" means the state or any 468
county, township, municipal corporation, park district, 469
conservancy district, sanitary district, health district, 470
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 471
cemetery, joint hospital, institutional commissary, state medical 472
college, state university, or board, bureau, commission, council, 473
committee, authority, or administrative body as the same are, or 474
have been, created by action of the general assembly or by the 475
legislative authority of any of the units of local government
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named in this division not covered by section 3307.01 or 3309.01 476
of the Revised Code. In addition, "employer" means the employer 477
of any public employee.
(E) "Prior service" means all service as a public employee 479
rendered before January 1, 1935, and all service as an employee 480
of any employer who comes within the state teachers retirement 481
system or of the school employees retirement system or of any 482
other retirement system established under the laws of this state 483
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 484
other system after that other system was established, credit for 485
the service may be allowed by the public employees retirement 486
system only when the employee has made payment, to be computed on 487
the salary earned from the date of appointment to the date 488
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 489
employer has made payment of the corresponding full liability as 490
provided by section 145.44 of the Revised Code. "Prior service" 491
also means all service credited for active duty with the armed 492
forces of the United States as provided in section 145.30 of the 493
Revised Code.
If an employee who has been granted prior service credit by 495
the public employees retirement system for service rendered prior 496
to January 1, 1935, as an employee of a board of education 497
establishes, before retirement, one year or more of contributing 498
service in the state teachers retirement system or school 499
employees retirement system, then the prior service ceases to be
the liability of this system. 500
If the board determines that a position of any member in 502
any calendar year prior to January 1, 1935, was a part-time 503
position, the board shall determine what fractional part of a 504
year's credit shall be allowed by the following formula: 505
(1) When the member has been either elected or appointed 507
to an office the term of which was two or more years and for 508
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which an annual salary is established, the fractional part of the 509
year's credit shall be computed as follows: 510
First, when the member's annual salary is one thousand 512
dollars or less, the service credit for each such calendar year 513
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 515
above one thousand dollars, the member's service credit for each 516
such calendar year shall be increased by two and one-half per 517
cent.
(2) When the member is paid on a per diem basis, the 519
service credit for any single year of the service shall be 520
determined by using the number of days of service for which the 521
compensation was received in any such year as a numerator and 522
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 524
service credit for any single year of the service shall be 525
determined by using the number of hours of service for which the 526
compensation was received in any such year as a numerator and 527
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 529
the employees' savings fund created by section 145.23 of the 530
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 532
person or persons who, as the result of the death of a member, 533
contributor, or retirant, qualify for or are receiving some right 534
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 536
section 145.37 of the Revised Code, means all service credited to 537
a member of the retirement system since last becoming a member, 538
including restored service credit as provided by section 145.31 539
of the Revised Code; credit purchased under sections 145.293 and 540
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 541
provided in this chapter; all service credit established pursuant 542
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to section 145.297 of the Revised Code; and any other service 543
credited under this chapter. In addition, "total service credit" 544
includes any period, not in excess of three years, during which a 545
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 546
of satisfying the service credit requirement and of determining 547
eligibility for benefits under sections 145.32, 145.33, 145.331, 548
145.35, 145.36, and 145.361 of the Revised Code, "five or more 549
years of total service credit" means sixty or more calendar 550
months of contributing service in this system.
(2) "One and one-half years of contributing service 552
credit," as used in division (B) of section 145.45 of the Revised 553
Code, also means eighteen or more calendar months of employment 554
by a municipal corporation that formerly operated its own 555
retirement plan for its employees or a part of its employees, 556
provided that all employees of that municipal retirement plan who 557
have eighteen or more months of such employment, upon 558
establishing membership in the public employees retirement 559
system, shall make a payment of the contributions they would have 560
paid had they been members of this system for the eighteen months 561
of employment preceding the date membership was established. 562
When that payment has been made by all such employee-members, a 563
corresponding payment shall be paid into the employers' 564
accumulation fund by that municipal corporation as the employer 565
of the employees. 566
(3) Where a member also is a member of the state teachers 568
retirement system or the school employees retirement system, or 569
both, except in cases of retirement on a combined basis pursuant 570
to section 145.37 of the Revised Code, service credit for any 571
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bears 572
BEAR to total contributions in all state retirement systems. 574
(4) Not more than one year of credit may be given for any 576
period of twelve months. 577
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(5) "Ohio service credit" means credit for service that 579
was rendered to the state or any of its political subdivisions or 580
any employer as defined in division (D) of this section. 581
(I) "Regular or current interest" means interest at any 583
rates for the respective funds and accounts as the public 584
employees retirement board may determine from time to time, 585
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 587
shall discontinue the annual crediting of current interest to the 588
individual accounts of contributors. The noncrediting of current 589
interest shall not affect the rate of interest at retirement 590
guaranteed under this division (I) OF THIS SECTION. 591
(2) The rate of interest credited on a contributor's 593
contributions at retirement shall be four per cent per annum, 594
compounded annually, to and including December 31, 1955; three 595
per cent per annum, compounded annually, from January 1, 1956, to 596
and including December 31, 1963; three and one-quarter per cent 597
per annum, compounded annually, from January 1, 1964, to and 598
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 599
In determining the reserve value for the purpose of 601
computing the amount of the contributor's annuity, the rate of 602
interest used in the annuity values shall be four per cent per 603
annum, compounded annually, for contributors retiring before 604
October 1, 1956, and after December 31, 1969; three per cent per 605
annum, compounded annually, for contributors retiring between 607
October 1, 1956, and December 31, 1963; and three and one-quarter 608
per cent per annum, compounded annually, for contributors 609
retiring from January 1, 1964, to December 31, 1969. Interest on 610
contributions from contributors within any one calendar year 611
shall begin on the first day of the calendar year next following 612
and shall be computed at the end of each calendar year, except in 613
the case of a contributor who retires before the end of the year. 614
(J) "Accumulated contributions" means the sum of all 616
17
amounts credited to a contributor's individual account in the 617
employees' savings fund together with any current interest 618
thereon, but does not include the interest adjustment at 619
retirement. 620
(K)(1) "Final average salary" means the quotient obtained 622
by dividing by three the sum of the three full calendar years of 623
contributing service in which the member's earnable salary was 624
highest, except that if the member has a partial year of 625
contributing service in the year the member's employment 626
terminates and the member's earnable salary for the partial year 627
is higher than for any comparable period in the three years, the 628
member's earnable salary for the partial year shall be 629
substituted for the member's earnable salary for the comparable 630
period during the three years in which the member's earnable 631
salary was lowest.
(2) If a member has less than three years of contributing 633
service, the member's final average salary shall be the member's 634
total earnable salary divided by the total number of years, 635
including any fraction of a year, of the member's contributing 636
service.
(3) For the purpose of calculating benefits payable to a 638
member qualifying for service credit under division (Z) of this 639
section, "final average salary" means the total earnable salary 640
on which contributions were made divided by the total number of 641
years during which contributions were made, including any 642
fraction of a year. If contributions were made for less than 643
twelve months, "final average salary" means the member's total 644
earnable salary. 645
(L) "Annuity" means payments for life derived from 647
contributions made by a contributor and paid from the annuity and 648
pension reserve fund as provided in this chapter. All annuities 649
shall be paid in twelve equal monthly installments. 650
(M) "Annuity reserve" means the present value, computed 652
upon the basis of the mortality and other tables adopted by the 653
18
board, of all payments to be made on account of any annuity, or 654
benefit in lieu of any annuity, granted to a retirant as provided 655
in this chapter.
(N)(1) "Disability retirement" means retirement as 657
provided in section 145.36 of the Revised Code. 658
(2) "Disability allowance" means an allowance paid on 660
account of disability under section 145.361 of the Revised Code. 661
(3) "Disability benefit" means a benefit paid as 663
disability retirement under section 145.36 of the Revised Code, 664
as a disability allowance under section 145.361 of the Revised 665
Code, or as a disability benefit under section 145.37 of the 666
Revised Code.
(4) "Disability benefit recipient" means a member who is 668
receiving a disability benefit. 669
(O) "Age and service retirement" means retirement as 671
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 672
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 674
contributions made by the employer that at the time of retirement 675
are credited into the annuity and pension reserve fund from the 676
employers' accumulation fund and paid from the annuity and 677
pension reserve fund as provided in this chapter. All pensions 678
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 680
portion of the benefit derived from contributions made by the 681
member.
(R)(1) Except as otherwise provided in this division (R) 683
OF THIS SECTION, "earnable salary" means all salary, wages, and 685
other earnings paid to a contributor by reason of employment in a 686
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 687
the amount required to be contributed to the employees' savings 688
fund under section 145.47 of the Revised Code and without regard 689
to whether any of the salary, wages, or other earnings are 690
19
treated as deferred income for federal income tax purposes.
"Earnable salary" includes the following: 691
(a) Payments made by the employer in lieu of salary, 693
wages, or other earnings for sick leave, personal leave, or 694
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 696
sick leave, personal leave, and vacation leave accrued, but not 697
used if the payment is made during the year in which the leave is 699
accrued, except that payments made pursuant to section 124.383 or 700
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 702
consisting of housing, laundry, and meals, as certified to the 703
retirement board by the employer or the head of the department 704
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 706
Revised Code;
(e) Payments that are made under a disability leave 708
program sponsored by the employer and for which the employer is 709
required by section 145.296 of the Revised Code to make periodic 710
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 712
of this section.
(2) "Earnable salary" does not include any of the 714
following:
(a) Fees and commissions, other than those paid under 716
section 507.09 of the Revised Code, paid as sole compensation for 717
personal services and fees and commissions for special services 718
over and above services for which the contributor receives a 719
salary;
(b) Amounts paid by the employer to provide life 721
insurance, sickness, accident, endowment, health, medical, 722
hospital, dental, or surgical coverage, or other insurance for 723
the contributor or the contributor's family, or amounts paid by 724
the employer to the contributor in lieu of providing the
20
insurance;
(c) Incidental benefits, including lodging, food, laundry, 726
parking, or services furnished by the employer, or use of the 727
employer's property or equipment, or amounts paid by the employer 728
to the contributor in lieu of providing the incidental benefits; 729
(d) Reimbursement for job-related expenses authorized by 731
the employer, including moving and travel expenses and expenses 732
related to professional development; 733
(e) Payments for accrued, but unused sick leave, personal 735
leave, or vacation that are made at any time other than in the 737
year in which the sick leave, personal leave, or vacation was 738
accrued;
(f) Payments made to or on behalf of a contributor that 740
are in excess of the annual compensation that may be taken into 741
account by the retirement system under division (a)(17) of 742
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 743
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 745
5923.05 of the Revised Code or Section 4 of Substitute Senate 746
Bill No. 3 of the 119th general assembly; 747
(h) Anything of value received by the contributor that is 749
based on or attributable to retirement or an agreement to retire, 750
except that payments made on or before January 1, 1989, that are 751
based on or attributable to an agreement to retire shall be 752
included in earnable salary if both of the following apply: 753
(i) The payments are made in accordance with contract 755
provisions that were in effect prior to January 1, 1986; 756
(ii) The employer pays the retirement system an amount 758
specified by the retirement board equal to the additional 759
liability resulting from the payments. 760
(3) The retirement board shall determine by rule whether 762
any compensation not enumerated in this division (R) OF THIS 763
SECTION is earnable salary, and its decision shall be final. 765
(S) "Pension reserve" means the present value, computed 767
21
upon the basis of the mortality and other tables adopted by the 768
board, of all payments to be made on account of any retirement 769
allowance or benefit in lieu of any retirement allowance, granted 770
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 772
to a member of the system since January 1, 1935, for which 773
contributions are made as required by sections 145.47, 145.48, 774
and 145.483 of the Revised Code. In any year subsequent to 1934, 775
credit for any service shall be allowed by the following formula: 776
(a) For each month for which the member's earnable salary 778
is two hundred fifty dollars or more, allow one month's credit. 779
(b) For each month for which the member's earnable salary 781
is less than two hundred fifty dollars, allow a fraction of a 782
month's credit. The numerator of this fraction shall be the 783
earnable salary during the month, and the denominator shall be 784
two hundred fifty dollars, except that if the member's annual 785
earnable salary is less than six hundred dollars, the member's
credit shall not be reduced below twenty per cent of a year for a 786
calendar year of employment during which the member worked each 787
month. This division DIVISION (T)(1)(b) OF THIS SECTION shall 788
not reduce any credit earned before January 1, 1985. 789
(2) Notwithstanding division (T)(1) of this section, an 791
elected official who prior to January 1, 1980, was granted a full 792
year of credit for each year of service as an elected official 793
shall be considered to have earned a full year of credit for each 794
year of service regardless of whether the service was full-time 795
or part-time. The public employees retirement board has no
authority to reduce the credit. 796
(U) "State retirement board" means the public employees 798
retirement board, the school employees retirement board, or the 799
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 801
receiving a monthly allowance as provided in sections 145.32, 802
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 803
22
(W) "Employer contribution" means the amount paid by an 805
employer as determined by the employer rate including the normal 806
and deficiency contribution rates. 807
(X) "Public service terminates" means the last day for 809
which a public employee is compensated for services performed for 810
an employer or the date of the employee's death, whichever occurs 811
first.
(Y) When a member has been elected or appointed to an 813
office, the term of which is two or more years, for which an 814
annual salary is established, and in the event that the salary of 815
the office is increased and the member is denied the additional 816
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 817
to have the amount of the member's contributions calculated upon 818
the basis of the increased salary for the office. At the 819
member's request, the board shall compute the total additional 820
amount the member would have contributed, or the amount by which 821
each of the member's contributions would have increased, had the 822
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 823
member's contribution would have increased withheld from the 824
member's salary, the member shall notify the employer, and the 825
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 826
amount withheld may elect at any time to make a payment to the 827
retirement system equal to the additional amount the member's 828
contribution would have increased, plus interest on that 829
contribution, compounded annually at a rate established by the 830
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 831
payment. A member may make a payment for part of the period for 832
which the increased contribution was not withheld, in which case 833
the interest shall be computed from the date the last 834
contribution would have been withheld for the period for which
23
the payment is made. Upon the payment of the increased 835
contributions as provided in this division, the increased annual 836
salary as provided by law for the office for the period for which 837
the member paid increased contributions thereon shall be used in 838
determining the member's earnable salary for the purpose of 839
computing the member's "final average salary."
(Z) "Five years of service credit," for the exclusive 841
purpose of satisfying the service credit requirements and of 842
determining eligibility for benefits under section 145.33 of the 843
Revised Code, means employment covered under this chapter or 844
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter, or under a 845
combination of the coverage. 847
(AA) "Deputy sheriff" means any person who is commissioned 849
and employed as a full-time peace officer by the sheriff of any 850
county, and has been so employed since on or before December 31, 851
1965, and whose primary duties are to preserve the peace, to 852
protect life and property, and to enforce the laws of this state; 853
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 854
and who has received a certificate attesting to the person's 855
satisfactory completion of the peace officer training school as 856
required by section 109.77 of the Revised Code and whose primary 857
duties are to preserve the peace, protect life and property, and 858
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 859
the Revised Code as a criminal bailiff or court constable who has 860
received a certificate attesting to the person's satisfactory 861
completion of the peace officer training school as required by 862
section 109.77 of the Revised Code and whose primary duties are 863
to preserve the peace, protect life and property, and enforce the 864
laws of this state.
(BB) "Township constable or police officer in a township 866
police department or district" means any person who is 867
24
commissioned and employed as a full-time peace officer pursuant 868
to Chapter 505. or 509. of the Revised Code, who has received a 869
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 870
of the Revised Code, and whose primary duties are to preserve the 871
peace, protect life and property, and enforce the laws of this 872
state.
(CC) "Drug agent" means any person who is either of the 874
following:
(1) Employed full-time as a narcotics agent by a county 876
narcotics agency created pursuant to section 307.15 of the 877
Revised Code and has received a certificate attesting to the 878
satisfactory completion of the peace officer training school as 879
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 881
defined in section 109.79 of the Revised Code and is in 882
compliance with section 109.77 of the Revised Code. 883
(DD) "Liquor control investigator" means a full-time 885
employee of the department of public safety who is engaged in the 886
enforcement of Chapters 4301. and 4303. of the Revised Code and 887
is in compliance with section 109.77 of the Revised Code. 888
(EE) "Park officer" means a full-time employee of the 890
department of natural resources who is designated a park officer 891
under section 1541.10 of the Revised Code and is in compliance 892
with section 109.77 of the Revised Code.
(FF) "Forest officer" means a full-time employee of the 894
department of natural resources who is designated a forest 895
officer under section 1503.29 of the Revised Code and is in 896
compliance with section 109.77 of the Revised Code.
(GG) "PRESERVE OFFICER" MEANS A FULL-TIME EMPLOYEE OF THE 899
DEPARTMENT OF NATURAL RESOURCES WHO IS DESIGNATED A PRESERVE 900
OFFICER UNDER SECTION 1517.10 OF THE REVISED CODE AND IS IN 902
COMPLIANCE WITH SECTION 109.77 OF THE REVISED CODE. 904
(HH) "Wildlife officer" means a full-time employee of the 906
25
department of natural resources who is designated a wildlife 908
officer under section 1531.13 of the Revised Code and is in 909
compliance with section 109.77 of the Revised Code. 910
(HH)(II) "State watercraft officer" means a full-time 912
employee of the department of natural resources who is designated 914
a state watercraft officer under section 1547.521 of the Revised 915
Code and is in compliance with section 109.77 of the Revised 916
Code.
(II)(JJ) "Park district police officer" means a full-time 918
employee of a park district who is designated pursuant to section 920
511.232 or 1545.13 of the Revised Code and is in compliance with 921
section 109.77 of the Revised Code.
(JJ)(KK) "Conservancy district officer" means a full-time 923
employee of a conservancy district who is designated pursuant to 925
section 6101.75 of the Revised Code and is in compliance with 926
section 109.77 of the Revised Code.
(KK)(LL) "Municipal police officer" means a member of the 928
organized police department of a municipal corporation who is 930
employed full-time, is in compliance with section 109.77 of the 931
Revised Code, and is not a member of the police and firemen's 932
disability and pension fund.
(LL)(MM) "Ohio veterans' home police officer" means any 934
person who is employed at the Ohio veterans' home as a police 936
officer pursuant to section 5907.02 of the Revised Code and is in 937
compliance with section 109.77 of the Revised Code.
(MM)(NN) "Special police officer for a mental health 939
institution" means any person who is designated as such pursuant 941
to section 5119.14 of the Revised Code and is in compliance with 942
section 109.77 of the Revised Code.
(NN)(OO) "Special police officer for an institution for 944
the mentally retarded and developmentally disabled" means any 946
person who is designated as such pursuant to section 5123.13 of 947
the Revised Code and is in compliance with section 109.77 of the 948
Revised Code.
26
(OO)(PP) "State university law enforcement officer" means 950
any person who is employed full-time as a state university law 952
enforcement officer pursuant to section 3345.04 of the Revised 953
Code and who is in compliance with section 109.77 of the Revised 954
Code.
(PP)(QQ) "Hamilton county municipal court bailiff" means a 956
person appointed by the clerk of courts of the Hamilton county 958
municipal court under division (A)(3) of section 1901.32 of the 959
Revised Code who is employed full-time as a bailiff or deputy 960
bailiff, who has received a certificate attesting to the person's 961
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 962
and whose primary duties are to preserve the peace, to protect 963
life and property, and to enforce the laws of this state. 964
(QQ)(RR) Notwithstanding section 2901.01 of the Revised 966
Code, "law enforcement officer" means a sheriff, deputy sheriff, 968
township constable or police officer in a township police 969
department or district, drug agent, liquor control investigator, 970
park officer, forest officer, PRESERVE OFFICER, wildlife officer, 971
state watercraft officer, park district police officer, 972
conservancy district officer, Ohio veterans' home police officer, 973
special police officer for a mental health institution, special 974
police officer for an institution for the mentally retarded and 975
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 976
police officer.
(RR)(SS) "Fiduciary" means a person who does any of the 978
following: 979
(1) Exercises any discretionary authority or control with 981
respect to the management of the system or with respect to the 982
management or disposition of its assets; 983
(2) Renders investment advice for a fee, direct or 985
indirect, with respect to money or property of the system; 986
(3) Has any discretionary authority or responsibility in 988
27
the administration of the system. 989
(SS)(TT) "Actuary" means an individual who satisfies all 991
of the following requirements: 993
(1) Is a member of the American academy of actuaries; 995
(2) Is an associate or fellow of the society of actuaries; 997
(3) Has a minimum of five years' experience in providing 999
actuarial services to public retirement plans. 1,000
Sec. 145.33. (A) Except as provided in division (B) of 1,010
this section, a member with at least five years of total service 1,011
credit who has the member's attained age sixty, or who has thirty 1,012
years of total Ohio service credit, may apply for age and service 1,013
retirement, which shall consist of: 1,014
(1) An annuity having a reserve equal to the amount of the 1,016
member's accumulated contributions at that time; 1,017
(2) A pension equal to the annuity provided by division 1,019
(A)(1) of this section; 1,020
(3) An additional pension, if the member can qualify for 1,022
prior service, equal to forty dollars multiplied by the number of 1,023
years, and fraction thereof, of such prior and military service 1,024
credit; 1,025
(4) A basic annual pension equal to one hundred eighty 1,027
dollars if the member has ten or more years of total service 1,028
credit as of October 1, 1956, except that the basic annual 1,029
pension shall not exceed the sum of the annual benefits provided 1,030
by divisions (A)(1), (2), and (3) of this section. The cost of 1,031
the basic annual pension shall be included in the deficiency 1,032
contribution provided by sections 145.48 and 145.50 of the 1,033
Revised Code. 1,034
(5) When a member retires on age and service retirement, 1,036
the member's total annual single lifetime allowance, including 1,038
the allowances provided in divisions (A)(1), (2), (3), and (4) of 1,039
this section, shall be not less than a base amount adjusted in 1,040
accordance with this division (A)(5) OF THIS SECTION and 1,042
determined by multiplying the member's total service credit by 1,043
28
the greater of the following:
(a) Eighty-six dollars; 1,045
(b) Two and one-tenth per cent of the member's final 1,047
average salary for each of the first thirty years of service plus 1,049
two and one-half per cent of the member's final average salary 1,050
for each subsequent year of service. 1,051
The allowance shall be adjusted by the factors of attained 1,053
age or years of service to provide the greater amount as 1,054
determined by the following schedule: 1,055
Years of Percentage 1,057
Attained or Total Service of 1,058
Birthday Credit Base Amount 1,059
58 25 75 1,061
59 26 80 1,062
60 27 85 1,063
61 88 1,064
28 90 1,065
62 91 1,066
63 94 1,067
29 95 1,068
64 97 1,069
65 30 or more 100 1,070
Members shall vest the right to a benefit in accordance 1,073
with the following schedule, based on the member's attained age 1,074
by September 1, 1976: 1,075
Percentage 1,077
Attained of 1,078
Birthday Base Amount 1,079
66 102 1,080
67 104 1,081
68 106 1,082
69 108 1,083
70 or more 110 1,084
(6) The total annual single lifetime allowance that a 1,087
29
member shall receive under division (A)(5) of this section shall 1,088
not exceed the lesser of one hundred per cent of the member's 1,090
final average salary or the limit established by section 415 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,091
415, as amended. 1,092
(B)(1) A member who has at least twenty-five years of 1,094
total service credit, including credit for military service under 1,095
division (C)(2) of this section, while serving as a law 1,097
enforcement officer and who has the member's attained age 1,098
fifty-two may apply for an age and service retirement benefit, 1,099
which shall consist of an annual single lifetime allowance equal 1,100
to the sum of two and one-half per cent of the member's final 1,101
average salary multiplied by the first twenty years of the 1,102
member's total service plus two and one-tenth per cent of the 1,103
member's final average salary multiplied by the number of years 1,104
of of the member's total service credit in excess of twenty 1,106
years, except that no allowance shall exceed the lesser of ninety 1,107
per cent of the member's final average salary or the limit 1,108
established by section 415 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 1,109
(2) A member who has at least fifteen years of total 1,111
service credit, including credit for military service under 1,112
division (C)(2) of this section, while serving as a law 1,114
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 1,115
consist of an annual single lifetime allowance computed as 1,116
provided in division (B)(1) of this section. The benefit shall 1,117
not exceed the limit established by section 415 of the "Internal 1,118
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,119
amended. 1,120
(3) A member with at least fifteen years of total service 1,122
credit, including credit for military service under division 1,123
(C)(2) of this section, while serving as a law enforcement 1,124
officer who voluntarily resigns or is discharged the member's for 1,125
30
any reason except death, dishonesty, cowardice, intemperate 1,127
habits, or conviction of a felony, may apply for an age and 1,128
service retirement benefit, which shall consist of an annual 1,129
single lifetime allowance equal to one and one-half per cent of 1,130
the member's final average salary multiplied by the number of 1,131
years of the member's total service credit. The benefit shall 1,132
not exceed the limit established by section 415 of the "Internal 1,133
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,134
amended. The allowance shall commence on the first day of the 1,135
calendar month following the month in which the application is 1,136
filed with the public employees retirement board on or after the 1,137
attainment by the applicant of age fifty-two. 1,138
(4) A member who has at least twenty-five years of total 1,140
service credit, including credit for military service under 1,141
division (C)(2) of this section, while serving as a law 1,142
enforcement officer who voluntarily resigns or is discharged the 1,143
member's for any reason except death, dishonesty, cowardice, 1,145
intemperate habits, or conviction of a felony, on or after the 1,146
date the member of attaining forty-eight years of age, but before 1,147
the date the member of attaining fifty-two years of age, may 1,148
elect to receive a reduced benefit as determined by the following
schedule: 1,149
Attained Age Reduced Benefit 1,151
48 75% of the benefit payable under 1,153
division (B)(1) of this section 1,154
49 80% of the benefit payable under 1,155
division (B)(1) of this section 1,156
50 86% of the benefit payable under 1,157
division (B)(1) of this section 1,158
51 93% of the benefit payable under 1,159
division (B)(1) of this section 1,160
A member who has at least twenty-five years of law 1,163
enforcement service credit, upon attaining forty-eight, 1,164
forty-nine, fifty, or fifty-one years of age, may elect to retire 1,165
31
and receive a reduced benefit determined by the above schedule. 1,166
If a member elects to receive a reduced benefit on or after 1,168
the date the member of attaining forty-eight years of age, but 1,169
before the date the member of attaining forty-nine years of age, 1,170
the reduced benefit is payable from the date the member attained 1,171
forty-eight years of age or from the date the member becomes 1,172
eligible to receive the reduced benefit, whichever is later. If 1,173
a member elects to receive a reduced benefit on or after the date 1,174
the member of attaining forty-nine years of age, but before the 1,176
date the member of attaining fifty years of age, the reduced
benefit is payable from the date the member attained forty-nine 1,177
years of age or from the date the member becomes eligible to 1,178
receive the reduced benefit, whichever is later. If a member 1,179
elects to receive a reduced benefit on or after the date the 1,180
member of attaining fifty years of age, but before the date the 1,181
member of attaining fifty-one years of age, the reduced benefit 1,182
is payable from the date the member attained fifty years of age 1,183
or from the date the member becomes eligible to receive the 1,184
reduced benefit, whichever is later. If a member elects to
receive a reduced benefit on or after the date the member of 1,186
attaining fifty-one years of age, but before the date the member
of attaining fifty-two years of age, the reduced benefit is 1,188
payable from the date the member attained fifty-one years of age 1,189
or from the date the member becomes eligible to receive the 1,190
reduced benefit, whichever is later. 1,191
Once a member elects to receive a reduced benefit 1,193
determined by the above schedule and has received a payment, the 1,194
member may not reelect to change that election. 1,195
If a member who has resigned or been discharged has left on 1,197
deposit the member's accumulated contributions in the employees' 1,198
savings fund and has not elected to receive a reduced benefit 1,199
determined by the above schedule the member, upon attaining 1,201
fifty-two years of age, the member shall be entitled to receive a
benefit computed and paid under division (B)(1) of this section. 1,202
32
(C)(1) A member with service credit as a law enforcement 1,204
officer and other service credit under this chapter may elect one 1,206
of the following: 1,207
(a) To have all the member's service credit under this 1,209
chapter, including credit for service as a law enforcement 1,211
officer, used in calculating a retirement allowance under 1,212
division (A) of this section if the member qualifies for an 1,213
allowance under that division; 1,214
(b) If the member qualifies for an allowance under 1,216
division (B) of this section, to have the member's service credit 1,217
as a law enforcement officer used in calculating a benefit under 1,218
that division and the member's credit for all service other than 1,219
law enforcement service under this chapter used in calculating a 1,220
benefit consisting of a single life annuity having a reserve 1,221
equal to the amount of the member's accumulated contributions and 1,222
an equal amount of the employer's contributions. 1,223
(2) Notwithstanding sections 145.01 and 145.30 of the 1,225
Revised Code, no more than four years of military service credit 1,226
granted under section 145.30 of the Revised Code and five years 1,227
of military service credit purchased under section 145.301 or 1,228
145.302 of the Revised Code shall be used in calculating service 1,229
as a law enforcement officer or the total service credit of that 1,230
person.
(3) Only credit for the member's service as a law 1,232
enforcement officer or service credit purchased as a police 1,233
officer or state highway patrol trooper shall be used in 1,234
computing the benefits under division (B) of this section for the 1,235
following:
(a) Any person who originally is commissioned and employed 1,237
as a deputy sheriff by the sheriff of any county, or who 1,238
originally is elected sheriff, on or after January 1, 1975; 1,239
(b) Any deputy sheriff who originally is employed on or 1,241
after the effective date of this amendment as a criminal bailiff 1,242
or court constable ON OR AFTER APRIL 16, 1993; 1,243
33
(c) Any person who originally is appointed as a township 1,245
constable or police officer in a township police department or 1,246
district on or after January 1, 1981; 1,247
(d) Any person who originally is employed as a county 1,249
narcotics agent on or after September 26, 1984; 1,250
(e) Any person who originally is employed as an undercover 1,252
drug agent as defined in section 109.79 of the Revised Code, 1,253
liquor control investigator, park officer, forest officer, 1,254
wildlife officer, state watercraft officer, park district police 1,255
officer, conservancy district officer, Ohio veterans' home 1,256
policeman POLICE OFFICER, special policeman POLICE OFFICER for a 1,258
mental health institution, special policeman POLICE OFFICER for 1,259
an institution for the mentally retarded and developmentally 1,261
disabled, or municipal police officer on or after December 15, 1,262
1988;
(f) Any person who is originally IS employed as a state 1,264
university law enforcement officer, on or after the effective 1,266
date of this amendment NOVEMBER 6, 1996; 1,267
(g) Any person who is originally IS employed as a Hamilton 1,269
county municipal court bailiff on or after the effective date of 1,270
this amendment NOVEMBER 6, 1996; 1,271
(h) ANY PERSON WHO ORIGINALLY IS EMPLOYED AS A PRESERVE 1,273
OFFICER ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 1,274
(D) Retirement allowances determined under this section 1,276
shall be paid as provided in section 145.46 of the Revised Code. 1,277
Sec. 1501.01. Except where otherwise expressly provided, 1,286
the director of natural resources shall formulate and institute 1,287
all the policies and programs of the department of natural 1,288
resources. The chief of any division of the department shall not 1,289
enter into any contract, agreement, or understanding unless it is 1,290
approved by the director. 1,291
The director shall correlate and coordinate the work and 1,293
activities of the divisions in his THE department to eliminate 1,294
unnecessary duplications of effort and overlapping of functions. 1,295
34
The chiefs of the various divisions of the department shall meet 1,296
with the director at least once each month at a time and place 1,297
designated by the director. 1,298
The director may create advisory boards to any of those 1,300
divisions in conformity with section 121.13 of the Revised Code. 1,301
The director may accept and expend gifts, devises, and 1,303
bequests of money, lands, and other properties on behalf of the 1,304
department or any division thereof under the terms set forth in 1,305
section 9.20 of the Revised Code. Any political subdivision of 1,306
this state may make contributions to the department for the use 1,307
of the department or any division therein IN IT according to the 1,308
terms of the contribution. 1,310
The director may publish and sell or otherwise distribute 1,312
data, reports, and information. 1,313
The director shall adopt rules in accordance with Chapter 1,315
119. of the Revised Code to permit the department to accept by 1,316
means of a credit card the payment of fees, charges, and rentals 1,317
at those facilities described in section 1501.07 of the Revised 1,318
Code that are operated by the department, for any data, reports, 1,319
or information sold by the department, and for any other goods or 1,320
services provided by the department. 1,321
Whenever authorized by the governor to do so, the director 1,323
may appropriate property for the uses and purposes authorized to 1,324
be performed by the department and on behalf of any division 1,325
within the department. This authority shall be exercised in the 1,326
manner provided in sections 163.01 to 163.22 of the Revised Code 1,327
for the appropriation of property by the director of 1,328
administrative services. This authority to appropriate property 1,329
is in addition to the authority provided by law for the 1,330
appropriation of property by divisions of the department. The 1,331
THE director of natural resources also may acquire by 1,333
purchase, lease, or otherwise such real and personal property 1,334
rights or privileges in the name of the state as THAT are 1,335
necessary for the purposes of the department or any division 1,337
35
therein. The AS PART OF THIS AUTHORITY, THE DIRECTOR MAY LEASE 1,338
OFFICE SPACE AND STORAGE ACCOMMODATIONS FOR THE DEPARTMENT AND 1,339
SHALL BE RESPONSIBLE FOR GENERAL SUPERVISION AND CARE OF THE 1,340
OFFICE SPACE AND STORAGE ACCOMMODATIONS.
THE director, with the approval of the governor and the 1,342
attorney general, may sell, lease, or exchange portions of lands 1,343
or property, real or personal, of any division of the department 1,344
or grant easements or licenses for the use thereof, or enter into 1,345
agreements for the sale of water from lands and waters under the 1,346
administration or care of the department or any of its divisions, 1,347
when the sale, lease, exchange, easement, agreement, or license 1,348
for use is advantageous to the state, provided that such approval 1,349
is not required for leases and contracts made under sections 1,350
1501.07, 1501.09, 1507.12, or 1520.03 or Chapter 1523. of the 1,351
Revised Code. Water may be sold from a reservoir only to the 1,352
extent that the reservoir was designed to yield a supply of water 1,353
for a purpose other than recreation or wildlife, and the water 1,354
sold is in excess of that needed to maintain the reservoir for 1,355
purposes of recreation or wildlife. 1,356
Money received from such sales, leases, easements, 1,358
exchanges, agreements, or licenses for use, except revenues 1,359
required to be set aside or paid into depositories or trust funds 1,360
for the payment of bonds issued under sections 1501.12 to 1501.15 1,361
of the Revised Code, and to maintain the required reserves 1,362
therefor as provided in the orders authorizing the issuance of 1,363
such THE bonds or the trust agreements securing such THE bonds, 1,365
revenues required to be paid and credited pursuant to the bond 1,366
proceeding applicable to obligations issued pursuant to section 1,367
154.22, and revenues generated under section 1520.05 of the 1,368
Revised Code, shall be deposited in the state treasury to the 1,369
credit of the fund of the division of the department having prior 1,370
jurisdiction over the lands or property. If no such fund exists, 1,371
the money shall be credited to the general revenue fund. All 1,372
such money received from lands or properties administered by the 1,373
36
division of wildlife shall be credited to the wildlife fund. 1,374
The director shall provide for the custody, safekeeping, 1,376
and deposit of all moneys, checks, and drafts received by the 1,377
department or its employees prior to paying them to the treasurer 1,378
of state under section 113.08 of the Revised Code. 1,379
The director shall cooperate with the nature conservancy, 1,381
other nonprofit organizations, and the United States fish and 1,382
wildlife service in order to secure protection of islands in the 1,383
Ohio river and the wildlife and wildlife habitat of those 1,384
islands. 1,385
Sec. 1501.02. The director of natural resources may enter 1,394
into cooperative or contractual arrangements with the United 1,395
States or any agency or department thereof, other states, other 1,396
departments and subdivisions of this state, or any other person 1,397
or body politic for the accomplishment of the purposes for which 1,398
the department of natural resources was created. The director 1,399
shall cooperate with, and not infringe upon the rights of, other 1,400
state departments, divisions, boards, commissions, and agencies, 1,401
political subdivisions, and other public officials and public and 1,402
private agencies in the conduct of conservation plans and other 1,403
matters in which the interests of the department of natural 1,404
resources and the other departments and agencies overlap. 1,405
The director, by mutual agreement, may utilize the 1,407
facilities and staffs of state-supported educational institutions 1,408
in order to promote the conservation and development of the 1,409
natural resources of the state. 1,410
All funds made available by the United States for the 1,412
exclusive use of any division shall be expended only by that 1,414
division and only for the purposes for which the funds were 1,415
appropriated. In accepting any such funds for the acquisition of 1,416
lands or interests therein IN THEM to be used for open-space 1,417
purposes including park, recreational, historical, or scenic 1,419
purposes, or for conservation of land or other natural resources, 1,420
the director may agree on behalf of the state that lands or 1,421
37
interests therein IN THEM acquired in part with those funds shall 1,423
not be converted to other uses except pursuant to further 1,425
agreement between the director and the United States. 1,426
THE DIRECTOR SHALL ESTABLISH GUIDELINES FOR ENTERING INTO 1,429
AND MAY ENTER INTO A COOPERATIVE OR CONTRACTUAL ARRANGEMENT WITH 1,430
ANY INDIVIDUAL, AGENCY, ORGANIZATION, OR BUSINESS ENTITY TO
ASSIST THE DEPARTMENT IN FUNDING A PROGRAM OR PROJECT OF THE 1,431
DEPARTMENT, ITS DIVISIONS, OR ITS OFFICES, THROUGH SECURING, 1,432
WITHOUT LIMITATION, DONATIONS, SPONSORSHIPS, MARKETING, 1,434
ADVERTISING, AND LICENSING ARRANGEMENTS. STATE MONEYS 1,435
APPROPRIATED TO THE DEPARTMENT SHALL CONTINUE TO BE USED AS 1,436
AUTHORIZED AND SHALL NOT BE REDIRECTED TO ANY OTHER PURPOSE AS A 1,437
RESULT OF FINANCIAL SAVINGS RESULTING FROM THE DEPARTMENT'S 1,438
ENTERING INTO THE COOPERATIVE OR CONTRACTUAL ARRANGEMENT. 1,440
The director may enter into a mutual aid compact with the 1,442
chief law enforcement officer of any federal agency, state 1,443
agency, county, township, municipal corporation, or other 1,445
political subdivision or with the superintendent of the state 1,446
highway patrol to enable forest officers, park officers, and 1,447
STATE watercraft officers and the law enforcement officers of the 1,448
respective federal or state agencies or political subdivisions or 1,450
the state highway patrol to assist each other in the provision of 1,451
police services within each other's jurisdiction. 1,452
Sec. 1501.10. Advertisement for bids for the leasing of 1,461
public service facilities in state parks shall be published in 1,462
any newspaper of general circulation in Franklin county and each 1,463
county in which the facility to be leased is situated. The 1,464
publication shall be made once each week for four consecutive 1,465
weeks prior to the date fixed for the acceptance of the bids. The 1,467
notice shall set forth the pertinent facts concerning the
facility to be leased and the periods of required operation 1,468
during the year and shall refer to the terms and conditions that 1,469
the lease shall include, which shall be on file in the office of 1,470
the director of natural resources and open to public inspection, 1,471
38
except that questionnaires and financial statements submitted 1,472
under this section shall be confidential and shall not be open to 1,473
public inspection. 1,474
Such THE public service facilities may be leased for such A 1,477
period of years as THAT may be determined by the director, 1,478
provided that the director may, at the expiration of the original 1,480
lease, without advertisement for bids, MAY grant the lessee a 1,481
renewal of the lease for an additional period not to exceed four 1,482
years. Leases executed under this section may contain any 1,483
provisions which THAT the director considers necessary, provided 1,485
that the following provisions shall be contained in the leases: 1,486
(A) The lessee shall be responsible for keeping the 1,488
facilities in good condition and repair, reasonable wear and tear 1,489
and damages caused by casualty or acts beyond the control of the 1,490
lessee excepted. 1,491
(B) The lessee shall operate the facilities for such 1,493
periods during the year as THAT the director determines ARE 1,495
necessary to satisfy the needs of the people of the state, 1,496
provided that the periods of required operation shall be set 1,497
forth in the notice for the acceptance of bids. 1,498
(C) The lessee, upon the execution of the lease, shall 1,500
furnish a surety TO ENSURE THAT THE LESSEE SHALL PERFORM FULLY 1,501
ALL TERMS OF THE LEASE. THE SURETY SHALL BE IN THE FORM OF A 1,502
PERFORMANCE bond or, an irrevocable letter of credit to the state 1,504
in an amount as, CASH, OR NEGOTIABLE CERTIFICATES OF DEPOSIT OF 1,505
ANY BANK OR SAVINGS AND LOAN ASSOCIATION ORGANIZED OR TRANSACTING 1,506
BUSINESS IN THE UNITED STATES. THE CASH, MARKET VALUE OF THE 1,509
CERTIFICATES OF DEPOSIT, OR FACE VALUE OF THE IRREVOCABLE LETTER 1,510
OF CREDIT SHALL BE EQUAL TO OR GREATER THAN THE AMOUNT OF THE 1,511
BOND prescribed by the director, to ensure that the lessee shall 1,513
fully perform all terms of IN the lease.
IMMEDIATELY UPON A DEPOSIT OF CASH OR CERTIFICATES OF 1,515
DEPOSIT, THE DIRECTOR SHALL DELIVER THEM TO THE TREASURER OF 1,516
STATE, WHO SHALL BE RESPONSIBLE FOR THEIR SAFEKEEPING AND HOLD 1,517
39
THEM IN TRUST FOR THE PURPOSES FOR WHICH THEY HAVE BEEN 1,518
DEPOSITED. A LESSEE MAKING A DEPOSIT OF CASH OR CERTIFICATES OF 1,519
DEPOSIT MAY WITHDRAW AND RECEIVE FROM THE TREASURER OF STATE, ON 1,520
THE WRITTEN ORDER OF THE DIRECTOR, ALL OR ANY PORTION OF THE CASH 1,521
OR CERTIFICATES OF DEPOSIT UPON DEPOSITING WITH THE TREASURER OF 1,522
STATE CASH OR NEGOTIABLE CERTIFICATES OF DEPOSIT ISSUED BY ANY 1,523
BANK ORGANIZED OR TRANSACTING BUSINESS IN THIS STATE EQUAL IN PAR 1,525
VALUE TO THE PAR VALUE OF THE CASH OR CERTIFICATES OF DEPOSIT 1,526
WITHDRAWN. A LESSEE MAY DEMAND AND RECEIVE FROM THE TREASURER OF 1,527
STATE ALL INTEREST OR OTHER INCOME FROM ANY SUCH CERTIFICATES AS 1,528
IT BECOMES DUE.
The director may lease any public service facilities in 1,530
state parks to the person, firm, partnership, association, or 1,531
corporation who submits the highest and best bid under the terms 1,532
set forth in this section and in accordance with the rules of the 1,533
director, taking into account the financial responsibility and 1,534
the ability of the lessee to operate the facilities. Bids shall 1,535
be sealed and opened at a date and time certain, published in 1,536
advance. 1,537
This section does not apply to a lease and contract 1,539
executed under section 1501.012 of the Revised Code. 1,540
Sec. 1502.01. As used in this chapter: 1,549
(A) "Litter" means garbage, trash, waste, rubbish, ashes, 1,551
cans, bottles, wire, paper, cartons, boxes, automobile parts, 1,552
furniture, glass, or anything else of an unsightly or unsanitary 1,553
nature thrown, dropped, discarded, placed, or deposited by a 1,554
person on public property, on private property not owned by him 1,555
THE PERSON, or in or on waters of the state unless one of the 1,557
following applies: 1,558
(1) The person has been directed to do so by a public 1,560
official as part of a litter collection drive; 1,561
(2) The person has thrown, dropped, discarded, placed, or 1,563
deposited the material in a receptacle in a manner that prevented 1,564
its being carried away by the elements; 1,565
40
(3) The person has been issued a permit or license 1,567
covering the material pursuant to Chapter 3734. or 6111. of the 1,568
Revised Code. 1,569
(B) "Recycling" means the process of collecting, sorting, 1,571
cleansing, treating, and reconstituting waste or other discarded 1,572
materials for the purpose of recovering and reusing the 1,573
materials. 1,574
(C) "Agency of the state" includes, but is not limited to, 1,576
an "agency" subject to Chapter 119. of the Revised Code and a 1,577
"state university or college" as defined in section 3345.12 of 1,578
the Revised Code. 1,579
(D) "Waste reduction" means activities that decrease the 1,581
initial production of waste materials at their point of origin. 1,582
(E) "Enterprise" means a business with its principal place 1,584
of business in this state and that proposes to engage in research 1,585
and development or recycling in this state. 1,586
(F) "Research and development" means inquiry, 1,588
experimentation, or demonstration to advance basic scientific or 1,589
technical knowledge or the application, adaptation, or use of 1,590
existing or newly discovered scientific or technical knowledge 1,591
regarding recycling, WASTE REDUCTION, OR LITTER PREVENTION. 1,592
(G) "Recyclables" means waste materials that are 1,594
collected, separated, or processed and used as raw materials or 1,595
products. 1,596
(H) "Recycling market development" means activities that 1,598
stimulate the demand for recycled products, provide for a 1,599
consistent supply of recyclables to meet the needs of recycling 1,600
industries, or both. 1,601
(I) "Solid waste management districts" means solid waste 1,603
management districts established under Chapter 343. of the 1,604
Revised Code. 1,605
Sec. 1502.04. There is hereby created within the division 1,615
of recycling and litter prevention the recycling and litter 1,616
prevention advisory council consisting of thirteen members. The 1,617
41
speaker of the house of representatives shall appoint one member 1,618
of the house of representatives to the council, and the president 1,619
of the senate shall appoint one member of the senate to the 1,620
council. If the president of the senate belongs to the same
political party as the speaker of the house of representatives, 1,621
the president shall appoint a member of the senate who belongs to 1,622
a different political party as recommended by the minority leader 1,623
of the senate. The speaker of the house of representatives and 1,624
the president of the senate shall make their initial appointments 1,625
to the council within sixty days after the effective date of this 1,626
amendment JULY 20, 1994. Each member appointed by the speaker of 1,627
the house of representatives or the president of the senate shall 1,628
serve for a term of office of three years. The appropriate
appointing authority may fill any vacancy occurring during the 1,629
term of any member whom he THE APPOINTING AUTHORITY has appointed 1,630
to the advisory council. 1,631
The remaining eleven members shall be appointed by the 1,633
governor with the advice and consent of the senate and shall be 1,635
persons with knowledge OF or experience in recycling or litter 1,636
prevention programs. The council shall have broad based 1,637
representation of interests including agriculture, labor, the 1,638
environment, manufacturing, wholesale and retail industry, and 1,639
the public. One of the business members shall be from the 1,640
commercial recycling industry, and another shall be from an 1,641
industry required to pay taxes under section 5733.065 of the
Revised Code. The director of natural resources shall not be a 1,642
member of the council. The governor shall make his initial 1,643
appointments to the council within thirty days after October 20, 1,644
1987. Of his THE GOVERNOR'S initial appointments to the council, 1,646
five shall be for a term of one year and six shall be for a term 1,647
of two years. Thereafter, terms of office shall be for three 1,648
years. Each member appointed by the governor shall hold office 1,649
from the date of his THE MEMBER'S appointment until the end of 1,651
the term for which he THE MEMBER was appointed. In the event of 1,652
42
death, removal, resignation, or incapacity of a member of the 1,653
council appointed by the governor, the governor, with the advice 1,654
and consent of the senate, shall appoint a successor who shall 1,655
hold office for the remainder of the term for which his THE 1,656
SUCCESSOR'S predecessor was appointed. A member shall continue 1,658
in office subsequent to the expiration date of his THE MEMBER'S 1,659
term until his THE MEMBER'S successor takes office, or until a 1,660
period of sixty days has elapsed, whichever occurs first. The 1,661
governor at any time may remove any of his THE GOVERNOR'S 1,662
appointees from the council for misfeasance, nonfeasance, or 1,663
malfeasance in office. 1,664
Members of the council may be reappointed. 1,666
The council shall hold at least four regular quarterly 1,668
meetings each year. Special meetings may be held at the behest 1,669
of the chairperson or a majority of the members. The council 1,670
annually shall select from among its members a chairperson, a 1,671
vice-chairperson, and a secretary to keep a record of its 1,672
proceedings. 1,673
A majority vote of the members of the council is necessary 1,675
to take action in any matter. 1,676
A member of the council shall serve without compensation 1,678
for attending council meetings, but shall be reimbursed for all 1,679
traveling, hotel, and other ordinary and necessary expenses 1,680
incurred in the performance of his THE MEMBER'S work as a member 1,681
of the council.
Membership on the council does not constitute holding a 1,683
public office or position of employment under the laws of this 1,684
state and does not constitute grounds for removal of public 1,685
officers or employees from their offices or positions of 1,686
employment. 1,687
The council shall do all of the following: 1,689
(A) Assist the interagency recycling market development 1,691
workgroup created in section 1502.10 of the Revised Code in 1,692
executing its duties under division (A) of that section; 1,693
43
(B) In conjunction with the chief of recycling and litter 1,695
prevention and with the approval of the director of natural 1,696
resources, establish criteria by which to certify, and certify, 1,697
agencies of the state, municipal corporations with a population 1,698
of more than fifty thousand, counties, and solid waste management 1,699
districts as eligible to receive grants under section 1502.05 of 1,700
the Revised Code;
(C) In conjunction with the chief and with the approval of 1,702
the director, establish criteria by which to certify, and 1,703
certify, political subdivisions for receipt of special grants for 1,704
novel or innovative activities or projects that are intended to 1,706
accomplish the purposes of any of the programs established under 1,707
section 1502.03 of the Revised Code;
(D) Advise the chief in carrying out his THE CHIEF'S 1,709
duties under this chapter. 1,710
Sec. 1502.05. (A) The chief of recycling and litter 1,719
prevention, pursuant to division (B) of section 1502.04 of the 1,720
Revised Code and with the approval of the director of natural 1,721
resources, may make grants from the recycling and litter 1,722
prevention fund created in section 1502.02 of the Revised Code to 1,724
accomplish the purposes of the programs established under section
1502.03 of the Revised Code. 1,725
(B) Except as provided in division (C) of this section, 1,727
the chief, with the approval of the director, may require any 1,728
eligible applicant certified by the recycling and litter 1,729
prevention advisory council under division (B) of section 1502.04 1,730
of the Revised Code that applies for a grant for an activity or
project that is intended to further the purposes of any program 1,731
established under division (A)(1) or (2) of section 1502.03 of 1,732
the Revised Code to provide a matching contribution of not more 1,733
than fifty per cent of the grant.
(C) Notwithstanding division (B) of this section, any 1,735
grant awarded under division (A) of this section to foster 1,736
cooperative research and development regarding recycling or the 1,737
44
cooperative establishment or expansion of private recycling 1,738
facilities or programs shall be made in conjunction with a 1,739
contribution to the project by a cooperating enterprise that 1,740
maintains or proposes to maintain a relevant research and 1,741
development or recycling facility or program in this state or by 1,742
an agency of the state, provided that funding provided by a state 1,743
agency shall not be provided from general revenue funds 1,744
appropriated by the general assembly. No grant made under 1,745
division (A) of this section for the purposes described in this 1,746
division shall exceed the contribution made by the cooperating 1,747
enterprise or state agency. The chief may consider cooperating 1,748
contributions in the form of state of the art new equipment or in 1,749
other forms if the chief determines that the contribution is 1,750
essential to the successful implementation of the project. 1,751
Grants made under division (A) of this section for the 1,753
purposes described in this division shall be made in such form 1,755
and conditioned on such terms as the chief considers to be
appropriate. 1,756
(D)(1) The chief, with the approval of the director, may 1,757
require any eligible applicant certified by the recycling and 1,758
litter prevention advisory council under division (B) of section 1,759
1502.04 of the Revised Code that applies for a grant that is 1,760
intended to further the purposes of the program established under 1,761
division (A)(3) of section 1502.03 of the Revised Code, except 1,762
any eligible applicant that is or is located in a county that has 1,763
a per capita income equal to or below ninety per cent of the 1,764
median county per capita income of the state as determined by the 1,765
chief using the most recently available figures from the United 1,766
States census bureau, to provide a matching contribution as 1,767
follows:
(a) Up to ten per cent of the grant from any eligible 1,769
applicant that is or is located in a county that has a per capita 1,770
income above ninety per cent of the median county per capita 1,771
income of the state, but equal to or below one hundred per cent 1,772
45
of the median county per capita income of the state; 1,773
(b) Up to twenty per cent of the grant from any eligible 1,775
applicant that is or is located in a county that has a per capita 1,776
income above the median county per capita income of the state. 1,777
(2) If the eligible applicant is a joint solid waste 1,779
management district and at least fifty per cent of the counties 1,780
comprising the district have a per capita income equal to or 1,781
below ninety per cent of the median county per capita income of 1,782
the state, the district need not provide a matching contribution 1,783
for a grant under division (D)(1) of this section. If at least 1,784
fifty per cent of the counties comprising the district have a per 1,785
capita income above ninety per cent of the median county per 1,786
capita income of the state, but equal to or below one hundred per 1,787
cent of the median county per capita income of the state, the 1,788
district shall provide a matching contribution in accordance with 1,789
division (D)(1)(a) of this section. If at least fifty per cent 1,790
of the counties comprising the district have a per capita income 1,791
above the median county per capita income of the state, the 1,792
district shall provide a matching contribution in accordance with 1,793
division (D)(1)(b) of this section OR IS FILING A JOINT 1,794
APPLICATION ON BEHALF OF TWO OR MORE COUNTIES, THE MATCHING 1,795
CONTRIBUTION REQUIRED UNDER DIVISION (D)(1) OF THIS SECTION SHALL 1,798
BE THE AVERAGE OF THE MATCHING CONTRIBUTIONS OF ALL OF THE 1,799
COUNTIES COVERED BY THE APPLICATION AS DETERMINED IN ACCORDANCE 1,800
WITH THAT DIVISION. THE MATCHING CONTRIBUTION OF A COUNTY THAT 1,801
HAS A PER CAPITA INCOME EQUAL TO OR BELOW NINETY PER CENT OF THE 1,802
MEDIAN COUNTY PER CAPITA INCOME OF THE STATE SHALL BE INCLUDED AS 1,803
ZERO IN CALCULATING THE AVERAGE MATCHING CONTRIBUTION. 1,804
(E) After receiving notice from the director of 1,806
environmental protection that each county within the state is 1,807
subject to the solid waste management plan of a solid waste 1,808
management district, the chief shall ensure that not less than
fifty per cent of the moneys distributed as grants under this 1,809
section shall be expended for the purposes of recycling and 1,810
46
recycling market development.
Sec. 1502.99. Whoever violates section 1502.06 1502.07 of 1,819
the Revised Code is guilty of a minor misdemeanor. Each day of 1,821
violation constitutes a separate offense.
Sec. 1503.01. The chief of the division of forestry shall 1,830
administer this chapter. 1,831
The chief may adopt, amend, and rescind rules, in 1,833
accordance with Chapter 119. of the Revised Code, for the 1,834
administration, implementation, and enforcement of section 1,835
1503.43 of the Revised Code and for the administration, use, 1,836
visitation, and protection of the state forests, except those 1,837
forests used solely for research purposes by the Ohio 1,838
agricultural research and development center. Copies of the 1,839
rules governing state forests shall be posted in conspicuous 1,840
places in those forests. No person shall violate any rule 1,841
adopted under this section. 1,842
The chief, with the approval of the director of natural 1,844
resources, may enter into an agreement with the United States 1,845
department of agriculture under the "Cooperative Forestry 1,846
Assistance Act of 1978," 92 Stat. 365, 16 U.S.C.A. 2101, as 1,847
amended, for the purpose of receiving and disbursing grants to 1,848
provide forestry and fire protection assistance on public and 1,849
private lands in this state. 1,850
THE CHIEF, WITH THE APPROVAL OF THE DIRECTOR, MAY COLLECT, 1,853
FROM AN OWNER, LESSEE, RENTER, OR OCCUPANT OF PRIVATE LANDS OR 1,854
WATERS, FEES IN AN AMOUNT ESTABLISHED BY RULE ADOPTED UNDER THIS 1,855
SECTION FOR ANY SERVICE OR PRODUCT THAT BENEFITS THE PRIVATE 1,856
LANDS OR WATERS AND IS PROVIDED THROUGH DIVISION PROGRAMS. ALL 1,857
MONEYS RECEIVED FOR SUCH SERVICES OR PRODUCTS SHALL BE PAID INTO 1,858
THE STATE TREASURY TO THE CREDIT OF THE STATE FOREST FUND CREATED 1,859
IN SECTION 1503.05 OF THE REVISED CODE. 1,861
The chief shall employ, subject to the approval of the 1,863
director, SHALL EMPLOY field assistants and such other employees 1,864
as THAT are necessary for the performance of the work prescribed 1,866
47
by this chapter and for the performance of the other work of the 1,867
division, shall prescribe their duties, and shall fix their 1,868
compensation in accordance with such schedules as THAT are 1,870
provided by law for the compensation of state employees. 1,871
All employees of the division, unless specifically exempted 1,873
by law, shall be employed subject to the classified civil service 1,874
laws in force at the time of employment. 1,875
Sec. 1503.05. (A) The chief of the division of forestry 1,884
may sell timber and other forest products from the state forest 1,885
AND STATE FOREST NURSERIES whenever the chief considers such a 1,886
sale desirable and, with the approval of the attorney general and 1,888
the director of natural resources, may sell portions of the state 1,889
forest lands when such a sale is advantageous to the state. 1,890
(B) Except as otherwise provided in this section, a timber 1,892
sale agreement shall not be executed unless the person or 1,893
governmental entity bidding on the sale executes and files a 1,894
surety bond conditioned on completion of the timber sale in 1,895
accordance with the terms of the agreement in an amount equal to 1,896
twenty-five per cent of the highest value cutting section. All 1,897
bonds shall be given in a form prescribed by the chief and shall 1,898
run to the state as obligee. 1,899
The chief shall not approve any bond until it is personally 1,901
signed and acknowledged by both principal and surety, or as to 1,902
either by the attorney in fact thereof, with a certified copy of 1,904
the power of attorney attached. The chief shall not approve the 1,905
bond unless there is attached a certificate of the superintendent 1,906
of insurance that the company is authorized to transact a 1,907
fidelity and surety business in this state. 1,908
In lieu of a bond, the bidder may deposit any of the 1,910
following: 1,911
(1) Cash in an amount equal to the amount of the bond; 1,913
(2) United States government securities having a par value 1,915
equal to or greater than the amount of the bond; 1,916
(3) Negotiable certificates of deposit or irrevocable 1,918
48
letters of credit issued by any bank organized or transacting 1,919
business in this state, having a par value equal to or greater 1,920
than the amount of the bond. 1,921
The cash or securities shall be deposited on the same terms 1,923
as bonds. If one or more certificates of deposit are deposited 1,924
in lieu of a bond, the chief shall require the bank that issued 1,925
any of the certificates to pledge securities of the aggregate 1,926
market value equal to the amount of the certificate or 1,927
certificates that is in excess of the amount insured by the 1,928
federal deposit insurance corporation. The securities to be 1,929
pledged shall be those designated as eligible under section 1,930
135.18 of the Revised Code. The securities shall be security for 1,931
the repayment of the certificate or certificates of deposit. 1,932
Immediately upon a deposit of cash, securities, 1,934
certificates of deposit, or letters of credit, the chief shall 1,935
deliver them to the treasurer of state, who shall hold them in 1,936
trust for the purposes for which they have been deposited. The 1,937
treasurer of state is responsible for the safekeeping of the 1,938
deposits. A bidder making a deposit of cash, securities, 1,939
certificates of deposit, or letters of credit may withdraw and 1,940
receive from the treasurer of state, on the written order of the 1,941
chief, all or any portion of the cash, securities, certificates 1,942
of deposit, or letters of credit upon depositing with the 1,943
treasurer of state cash, other United States government 1,944
securities, or other negotiable certificates of deposit or 1,945
irrevocable letters of credit issued by any bank organized or 1,946
transacting business in this state, equal in par value to the par 1,947
value of the cash, securities, certificates of deposit, or 1,948
letters of credit withdrawn. 1,949
A bidder may demand and receive from the treasurer of state 1,951
all interest or other income from any such securities or 1,952
certificates as it becomes due. If securities so deposited with 1,953
and in the possession of the treasurer of state mature or are 1,954
called for payment by the THEIR issuer thereof, the treasurer of 1,956
49
state, at the request of the bidder who deposited them, shall 1,957
convert the proceeds of the redemption or payment of the 1,958
securities into such other United States government securities, 1,959
negotiable certificates of deposit, or cash as the bidder 1,960
designates.
When the chief finds that a person or governmental agency 1,962
has failed to comply with the conditions of the person's or 1,963
governmental agency's bond, the chief shall make a finding of 1,965
that fact and declare the bond, cash, securities, certificates, 1,966
or letters of credit forfeited. The chief thereupon shall 1,967
certify the total forfeiture to the attorney general, who shall 1,968
proceed to collect the amount of the bond, cash, securities, 1,969
certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may 1,971
cause the timber sale to be completed or pay to the treasurer of 1,972
state the cost thereof. 1,973
All moneys collected as a result of forfeitures of bonds, 1,975
cash, securities, certificates, and letters of credit under this 1,976
section shall be credited to the state forest fund created in 1,977
this section. 1,978
(C) The chief may grant easements and leases on portions 1,980
of the state forest lands AND STATE FOREST NURSERIES under such 1,981
terms as THAT are advantageous to the state, and the chief may 1,983
grant mineral rights on a royalty basis ON THOSE LANDS AND 1,984
NURSERIES, with the approval of the attorney general and the 1,985
director.
(D) All moneys received from the sale of state forest 1,987
lands, or in payment for easements or leases on or as rents from 1,988
those lands OR FROM STATE FOREST NURSERIES, shall be paid into 1,990
the state treasury to the credit of the state forest fund, which 1,992
is hereby created. All moneys received from the sale of standing 1,993
timber taken from the state forest lands shall be deposited into 1,994
the general revenue fund. All moneys received from the sale of 1,995
forest products, other than standing timber, and minerals taken 1,996
50
from the state forest lands AND STATE FOREST NURSERIES, together 1,998
with royalties from mineral rights, shall be paid into the state 1,999
forest fund.
At the time of making such a payment or deposit, the chief 2,001
shall determine the amount and gross value of all such products 2,003
sold or royalties received from lands AND NURSERIES in each 2,005
county, in each township within the county, and in each school
district within the county. Afterward the chief shall send to 2,007
each county treasurer a copy of the determination and shall 2,008
provide for payment to the county treasurer, for the use of the 2,009
general fund of that county from the amount so received as 2,010
provided in this division, an amount equal to eighty per cent of 2,011
the gross value of the products sold or royalties received from 2,012
lands AND NURSERIES located in that county. The county auditor 2,013
shall do all of the following: 2,014
(1) Retain for the use of the general fund of the county 2,016
one-fourth of the amount received by the county under division 2,017
(D) of this section;
(2) Pay into the general fund of any township located 2,020
within the county and containing such lands AND NURSERIES 2,021
one-fourth of the amount received by the county from products 2,023
sold or royalties received from lands AND NURSERIES located in 2,025
the township;
(3) Request the board of education of any school district 2,027
located within the county and containing such lands AND NURSERIES 2,028
to identify which fund or funds of the district should receive 2,030
the moneys available to the school district under division (D)(3) 2,031
of this section. After receiving notice from the board, the 2,032
county auditor shall pay into the fund or funds so identified
one-half of the amount received by the county from products sold 2,033
or royalties received from lands AND NURSERIES located in the 2,034
school district, distributed proportionately as identified by the 2,036
board.
The division of forestry shall not supply logs, lumber, or 2,039
51
other forest products or minerals, taken from the state forest 2,040
lands OR STATE FOREST NURSERIES, to any other agency or 2,041
subdivision of the state unless payment is made therefor in the 2,042
amount of the actual prevailing value thereof. This section is 2,043
applicable to the moneys so received. All moneys received from 2,044
the sale of reforestation tree stock or other revenues derived 2,045
from the operation of the state forests, facilities, or equipment 2,046
shall be paid into the state forest fund. 2,047
The fund shall not be expended for any purpose other than 2,049
the administration, operation, maintenance, development, or 2,050
utilization of the state forests, forest nurseries, and forest 2,051
programs, for facilities or equipment incident thereto TO THEM, 2,052
or for the further purchase of lands for state forest or forest 2,054
nursery purposes. 2,055
Sec. 1503.29. (A) As used in this section, "felony" has 2,066
the same meaning as in section 109.511 of the Revised Code.
(B)(1) Subject to division (D) of this section, any person 2,069
employed by the chief of the division of forestry for 2,070
administrative service in a state forest may be designated by the 2,071
chief and known as a forest officer. A forest officer, on any 2,072
lands or waters owned, controlled, maintained, or administered by 2,073
the department of natural resources AND ON HIGHWAYS, AS DEFINED 2,074
IN SECTION 4511.01 OF THE REVISED CODE, ADJACENT TO LANDS AND 2,075
WATERS OWNED, CONTROLLED, MAINTAINED, OR ADMINISTERED BY THE
DIVISION OF FORESTRY, has the authority vested in police PEACE 2,077
officers under section 2935.03 of the Revised Code to keep the 2,078
peace, to enforce all laws and rules governing those lands and 2,079
waters, and to make arrests for violation of those laws and 2,080
rules, provided that such THE authority shall be exercised on 2,082
lands or waters administered by another division of the 2,083
department only pursuant to an agreement with the chief of that 2,084
division or to a request for assistance by an enforcement officer 2,085
of that division in an emergency.
(2) A forest officer, in or along any watercourse within, 2,087
52
abutting, or upstream from the boundary of any area administered 2,088
by the department, has the authority to enforce section 3767.32 2,089
of the Revised Code and other laws prohibiting the dumping of 2,090
refuse into or along waters and to make arrests for violation of 2,091
those laws. The jurisdiction of forest officers shall be 2,092
concurrent with that of the peace officers of the county, 2,093
township, or municipal corporation in which the violation occurs. 2,094
(3) A forest officer may enter upon private and public 2,096
lands to investigate an alleged violation of, and may enforce, 2,097
this chapter and sections 2909.02, 2909.03, and 2909.06 of the 2,098
Revised Code when the alleged violation or other act pertains to 2,099
forest fires.
(C)(1) A forest officer may render assistance to a state 2,101
or local law enforcement officer at the request of that officer 2,102
or may render assistance to a state or local law enforcement 2,103
officer in the event of an emergency. Forest officers serving 2,104
outside the division of forestry under this section or serving 2,105
under the terms of a mutual aid compact authorized under section 2,106
1501.02 of the Revised Code shall be considered as performing 2,107
services within their regular employment for the purposes of 2,108
compensation, pension or indemnity fund rights, workers' 2,109
compensation, and other rights or benefits to which they may be 2,110
entitled as incidents of their regular employment. 2,111
(2) Forest officers serving outside the division of 2,113
forestry under this section or under a mutual aid compact retain 2,114
personal immunity from civil liability as specified in section 2,115
9.86 of the Revised Code and shall not be considered an employee 2,116
of a political subdivision for purposes of Chapter 2744. of the 2,117
Revised Code. A political subdivision that uses forest officers 2,118
under this section or under the terms of a mutual aid compact 2,119
authorized under section 1501.02 of the Revised Code is not 2,120
subject to civil liability under Chapter 2744. of the Revised 2,121
Code as the result of any action or omission of any forest 2,122
officer acting under this section or under a mutual aid compact. 2,123
53
(D)(1) The chief of the division of forestry shall not 2,126
designate a person as a forest officer pursuant to division 2,127
(B)(1) of this section on a permanent basis, on a temporary 2,128
basis, for a probationary term, or on other than a permanent 2,129
basis if the person previously has been convicted of or has 2,130
pleaded guilty to a felony.
(2)(a) The chief of the division of forestry shall 2,133
terminate the employment as a forest officer of a person
designated as a forest officer under division (B)(1) of this 2,135
section if that person does either of the following:
(i) Pleads guilty to a felony; 2,137
(ii) Pleads guilty to a misdemeanor pursuant to a 2,139
negotiated plea agreement as provided in division (D) of section 2,141
2929.29 of the Revised Code in which the forest officer agrees to 2,144
surrender the certificate awarded to the forest officer under 2,145
section 109.77 of the Revised Code. 2,147
(b) The chief shall suspend from employment as a forest 2,150
officer a person designated as a forest officer under division 2,151
(B)(1) of this section if that person is convicted, after trial, 2,152
of a felony. If the forest officer files an appeal from that 2,153
conviction and the conviction is upheld by the highest court to 2,154
which the appeal is taken or if the forest officer does not file 2,155
a timely appeal, the chief shall terminate the employment of that 2,156
forest officer. If the forest officer files an appeal that 2,157
results in that forest officer's acquittal of the felony or 2,158
conviction of a misdemeanor, or in the dismissal of the felony 2,160
charge against the forest officer, the chief shall reinstate that 2,161
forest officer. A forest officer who is reinstated under 2,162
division (D)(2)(b) of this section shall not receive any back pay 2,163
unless that forest officer's conviction of the felony was 2,165
reversed on appeal, or the felony charge was dismissed, because 2,166
the court found insufficient evidence to convict the forest 2,167
officer of the felony. 2,168
(3) Division (D) of this section does not apply regarding 2,171
54
an offense that was committed prior to January 1, 1997. 2,172
(4) The suspension from employment, or the termination of 2,174
the employment, of a forest officer under division (D)(2) of this 2,175
section shall be in accordance with Chapter 119. of the Revised 2,176
Code.
Sec. 1503.43. (A) As used in this section: 2,185
(1) "Wilderness area" means an A CONTIGUOUS area of 2,187
relatively undeveloped state-owned FOREST land CONSISTING OF NOT 2,188
LESS THAN FIVE THOUSAND ACRES that either has retained its 2,189
natural character and influence or has been substantially 2,190
restored to a near natural appearance and that meets both of the 2,191
following qualifications: 2,192
(a) The area is one in which man's HUMANKIND'S past 2,194
influences are largely unnoticed; 2,196
(b) The area has outstanding opportunities for solitude or 2,198
for a primitive and unconfined type of recreation. 2,199
(2) "Utility facility" includes, without limitation, 2,201
towers, poles, pipes, sewers, tubing, conduits, conductors, 2,202
cables, valves, lines, wires, manholes, and appurtenances thereto 2,203
owned by a utility facility operator. 2,204
(3) "Utility facility operator" means a person or public 2,206
authority that supplies any of the following materials or 2,207
services by means of a utility facility: 2,208
(a) Flammable, toxic, or corrosive gas; 2,210
(b) Crude oil, petroleum products, or hazardous liquids; 2,212
(c) Coal; 2,214
(d) Electricity; 2,216
(e) Electronic, telephonic, or telegraphic communications; 2,218
(f) Television signals; 2,220
(g) Sewage disposal or drainage; 2,222
(h) Potable water; 2,224
(i) Steam or hot water. 2,226
(B) That portion of contiguous state lands located in 2,228
Scioto and Adams counties and within the Shawnee state forest and 2,229
55
bounded by forest road seventeen and sunshine ridge to the north, 2,230
by upper Twin Creek road to the east and northeast, by United 2,231
States route fifty-two to the south, and by lower Twin Creek road 2,232
to the west and southwest is hereby designated the Shawnee 2,233
wilderness area. Except as otherwise specifically provided by 2,234
this section or by rule adopted under this chapter, the 2,235
provisions of this chapter apply to the Shawnee wilderness area, 2,236
and that area shall continue to be a part of the Shawnee state 2,237
forest. 2,238
(C) The Shawnee wilderness area shall be managed to 2,240
preserve natural conditions and ensure the continuance of natural 2,241
processes. The chief of the division of forestry, with the 2,242
approval of the director of natural resources, shall administer 2,243
the Shawnee wilderness area in accordance with a management plan, 2,244
which he THE CHIEF shall develop and adopt within one year after 2,245
September 14, 1988. Sixty days prior to adopting a plan, the 2,247
chief shall solicit public review and comment on a draft plan. 2,248
At least once every ten years, the chief shall conduct a review 2,249
of the plan, with public input, and revise the plan as 2,250
appropriate. The chief shall make the plan available for review 2,251
by any person upon request.
(D) Notwithstanding any other authority granted to him THE 2,253
CHIEF under this chapter, the chief shall include within the 2,255
management plan adopted by him under division (C) of this section 2,256
prohibitions of the following activities within the Shawnee 2,257
wilderness area except for the areas exempted in division (E) of 2,258
this section: 2,259
(1) Picking, removal, cutting, or alteration in any manner 2,261
of any vegetation unless the person has first HAS obtained 2,262
written consent from the chief for that activity and the action 2,264
is necessary for appropriate public access, the preservation or 2,265
restoration of a plant or wildlife species, or the documentation 2,266
of scientific values; 2,267
(2) Granting of any easement or license, or sale or lease 2,269
56
of any of the land, for any purpose. Division (D)(2) of this 2,270
section does not apply to any private easement or license in 2,271
existence on September 14, 1988. 2,272
(3) Exploration for or extraction of any coal, oil, gas, 2,273
or minerals; 2,274
(4) Operation, construction, or installation of a utility 2,276
facility above or below the surface of the land; 2,277
(5) Operation of a commercial enterprise; 2,279
(6) Except as provided in division (D)(7) of this section, 2,281
construction of a road upon any of the land or use of the land as 2,282
a road; 2,283
(7) Except as is necessary to meet emergency requirements 2,285
for administration of the area: 2,286
(a) Landing of an aircraft; 2,288
(b) Operation of a motor vehicle, motor boat, other form 2,290
of mechanical transport, or motorized equipment; 2,291
(c) Construction of any building or other structure; 2,293
(d) Use of the land as a temporary road. 2,295
(E)(1) The following areas, which now are necessary for 2,297
the administration of the Shawnee state forest and the state 2,298
forest system, are not subject to the prohibitions of division 2,299
(D) of this section: 2,300
(a) The Buena Vista manager's residence; 2,302
(b) The Buena Vista walnut seed orchard; 2,304
(c) The Twin Creek fire tower. 2,306
(2) At any time that the chief makes a determination that 2,308
it is no longer necessary for the administration of the Shawnee 2,309
state forest or the state forest system for an area excluded in 2,310
division (E)(1) of this section to be excluded, the area shall 2,311
become subject to the prohibitions of division (D) of this 2,312
section. 2,313
(F) The chief, in developing a management plan under 2,315
division (C) of this section, may not prohibit any hunting, 2,316
fishing, or trapping that is done in conformity with Chapters 2,317
57
1531. and 1533. of the Revised Code or any rules adopted under 2,318
those chapters.
Sec. 1504.02. (A) The division of real estate and land 2,327
management shall do all of the following: 2,328
(1) Except as otherwise provided in the Revised Code, 2,330
coordinate and conduct all real estate functions for the 2,331
department of natural resources, including at least acquisitions 2,332
by purchase, lease, gift, devise, bequest, appropriation, or 2,333
otherwise; grants through sales, leases, exchanges, easements, 2,334
and licenses; inventories of land; and other related general 2,335
management duties; 2,336
(2) Assist the department and its divisions by providing 2,338
department-wide planning, including at least master planning, 2,339
comprehensive planning, capital improvements planning, and 2,340
special purpose planning such as trails coordination and planning 2,341
under section 1519.03 of the Revised Code; 2,342
(3) On behalf of the director of natural resources, 2,344
administer the coastal management program established under 2,345
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised 2,346
Code and consult with and provide coordination among state 2,347
agencies, political subdivisions, the United States and agencies 2,348
of it, and interstate, regional, and areawide agencies to assist 2,349
the director in executing his THE DIRECTOR'S duties and 2,350
responsibilities under that program and to assist the department 2,352
as the lead agency for the development and implementation of the 2,353
program;
(4) On behalf of the director, administer sections 1506.10 2,355
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code; 2,356
(5) Cooperate with the United States and agencies of it 2,358
and with political subdivisions in administering federal 2,359
recreation moneys under the "Land and Water Conservation Fund Act 2,360
of 1965," 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare 2,361
and distribute the statewide comprehensive outdoor recreation 2,362
plan; and administer the state recreational vehicle fund created 2,363
58
in section 4519.11 of the Revised Code; 2,364
(6)(a) Support the geographic information system needs for 2,366
the department as requested by the director, which shall include, 2,367
but not be limited to, all of the following: 2,368
(i) Assisting in the training and education of department 2,370
resource managers, administrators, and other staff in the 2,371
application and use of general GEOGRAPHIC information system 2,372
technology; 2,373
(ii) Providing technical support to the department in the 2,375
design, preparation of data, and use of appropriate geographic 2,376
information system applications in order to help solve resource 2,377
related problems and to improve the effectiveness and efficiency 2,378
of department delivered services; 2,379
(iii) Creating, maintaining, and documenting spatial 2,381
digital data bases for the division and for other divisions as 2,382
assigned by the director. 2,383
(b) Provide information to and otherwise assist government 2,385
officials, planners, and resource managers in understanding land 2,386
use planning and resource management; 2,387
(c) Provide continuing assistance to local government 2,389
officials and others in natural resource digital data base 2,390
development and in applying and utilizing the geographic 2,391
information system for land use planning, current agricultural 2,392
use, value assessment, development reviews, coastal management, 2,393
and other resource management activities; 2,394
(d) Coordinate and administer the remote sensing needs of 2,396
the department including the collection and analysis of aerial 2,397
photography, satellite data, and other data pertaining to land, 2,398
water, and other resources of the state; 2,399
(e) Prepare and publish maps and digital data relating to 2,401
the state's land use and land cover over time on a local, 2,402
regional, and statewide basis; 2,403
(f) Locate and distribute hard copy maps, digital data, 2,405
aerial photography, and other resource data and information to 2,406
59
government agencies and the public. 2,407
(7) Prepare special studies and execute any other duties, 2,409
functions, and responsibilities requested by the director. 2,410
(B) The division may do any of the following: 2,412
(1) Coordinate such environmental matters concerning the 2,414
department and the state as are necessary to comply with the 2,415
"National Environmental Policy Act of 1969," 83 Stat. 852, 42 2,416
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act 2,417
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water 2,418
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, 2,419
as amended, and regulations adopted under those acts; 2,420
(2) On behalf of the director, administer Chapter 1520. of 2,422
the Revised Code, except divisions (B) to (F) of section 1520.03 2,423
of the Revised Code, division (A) of section 1520.04 of the 2,424
Revised Code as it pertains to those divisions, and section 2,425
1520.05 of the Revised Code; 2,426
(3) Administer any state or federally funded grant program 2,428
that is related to natural resources and recreation as considered 2,429
necessary by the director. 2,430
Sec. 1505.10. The chief of the division of geological 2,439
survey shall prepare and publish for public distribution annual 2,441
reports that shall include all of the following:
(A) A list of the operators of mines, quarries, pits, or 2,443
other mineral resource extraction operations in this state; 2,444
(B) Information on the location of and commodity extracted 2,446
at each operation; 2,447
(C) Information on the employment at each operation; 2,449
(D) Information on the tonnage of coal or other minerals 2,451
extracted at each operation along with the method of extraction; 2,452
(E) Information on the production, use, distribution, 2,454
value, and other facts relative to the mineral resources of the 2,455
state that may be of public interest. 2,456
Each operator engaged in the extraction of minerals shall 2,458
submit an accurate and complete annual report, on or before the 2,460
60
last day of February of JANUARY each year, to the chief of the 2,461
division of geological survey on forms provided by the chief and 2,462
containing the information specified in divisions (A) to (E) of 2,463
this section for the immediately preceding calendar year. The 2,464
chief of the division of mines and reclamation may use all or 2,466
portions of the information collected pursuant to this section in
preparing the annual report required by section 1561.04 of the 2,468
Revised Code.
No person shall fail to comply with this section. 2,470
Sec. 1505.99. (A) Whoever violates section 1505.07 of the 2,479
Revised Code shall be fined not less than one thousand nor more 2,481
than two thousand dollars on a first offense; on each subsequent 2,482
offense, the person shall be fined not less than two thousand nor 2,483
more than five thousand dollars.
(B) Whoever violates section 1505.10 of the Revised Code 2,485
shall be fined not less than one hundred nor more than one 2,486
thousand dollars on a first offense; on each subsequent offense, 2,487
the person shall be fined not less than one thousand nor more 2,488
than two thousand dollars. NOTWITHSTANDING ANY SECTION OF THE 2,490
REVISED CODE RELATING TO THE DISTRIBUTION OR CREDITING OF FINES 2,492
FOR VIOLATIONS OF THE REVISED CODE, ALL FINES IMPOSED UNDER THIS 2,495
DIVISION SHALL BE PAID INTO THE GEOLOGICAL MAPPING FUND CREATED 2,496
IN SECTION 1505.09 OF THE REVISED CODE. 2,498
Sec. 1506.02. (A) The department of natural resources is 2,507
hereby designated the lead agency for the development and 2,508
implementation of a coastal management program. The director of 2,509
natural resources: 2,510
(1) Shall develop and adopt the coastal management program 2,512
document no later than December 31, 1994. The director shall 2,513
cooperate and coordinate with other agencies of the state and its 2,515
political subdivisions in the development of the document. 2,516
Before adopting the document, the director shall hold four public 2,517
hearings on it in the coastal area, and may hold additional 2,518
public meetings, to give the public the opportunity to make 2,519
61
comments and recommendations concerning its terms. The director 2,520
shall consider the public comments and recommendations before 2,521
adopting the document. The director may amend the coastal 2,522
management program document, provided that, prior to making 2,523
changes in it, the director notifies by mail those persons who 2,524
submitted comments and recommendations concerning the original 2,526
document and appropriate agencies of the state and its political 2,527
subdivisions. The director may hold at least one public hearing 2,528
on the proposed changes. 2,529
(2) Shall administer the coastal management program in 2,531
accordance with the coastal management program document, this 2,532
chapter, and rules adopted under it; 2,533
(3) Shall adopt and may amend or rescind rules under 2,535
Chapter 119. of the Revised Code for the implementation, 2,536
administration, and enforcement of the coastal management program 2,537
and the other provisions of this chapter. Before the adoption, 2,538
amendment, or rescission of rules under this division (A)(3) OF 2,540
THIS SECTION, the director shall do all of the following: 2,541
(a) Maintain a list of interested public and private 2,543
organizations and mail notice to those organizations of any 2,544
proposed rule or amendment to or rescission of a rule at least 2,545
thirty days before any public hearing on the proposal; 2,546
(b) Mail a copy of each proposed rule, amendment, or 2,548
rescission to any person who requests a copy within five days 2,549
after receipt of the request; 2,550
(c) Consult with appropriate statewide organizations and 2,552
units of local government that would be affected by the proposed 2,554
rule, amendment, or rescission. Although 2,555
ALTHOUGH the director is expected to discharge these duties 2,557
diligently, failure to mail any notice or copy or to so consult 2,558
with any person is not jurisdictional and shall not be construed 2,559
to invalidate any proceeding or action of the director. 2,560
(4) Shall provide for consultation and coordination 2,562
between and among state agencies, political subdivisions of the 2,563
62
state, and interstate, regional, areawide, and federal agencies 2,564
in carrying out the purposes of the coastal management program 2,565
and the other provisions of this chapter; 2,566
(5) Shall, to the extent practicable and consistent with 2,568
the protection of coastal area resources, coordinate the rules 2,569
and policies of the department of natural resources with the 2,570
rules and policies of other state and federal agencies to 2,571
simplify and consolidate the regulation of activities along the 2,572
Lake Erie shoreline; 2,573
(6) May, to accomplish the purposes of the coastal 2,575
management program and the other provisions of this chapter, 2,576
contract with any person and may accept and expend gifts, 2,577
bequests, and grants of money or property from any person. 2,578
(B) Every agency of the state, upon request of the 2,580
director, shall cooperate with the department of natural 2,581
resources in the implementation of the coastal management 2,582
program.
(C) The director shall establish a coastal management 2,584
assistance grant program. Grants may be awarded from federal 2,585
funds received for that purpose and from such other funds as may 2,586
be provided by law to any municipal corporation, county, 2,587
township, park district created under section 511.18 or 1545.04 2,588
of the Revised Code, conservancy district established under 2,589
Chapter 6101. of the Revised Code, port authority, other 2,590
political subdivision, state agency, educational institution, or 2,591
nonprofit corporation that is located in whole or in part in the 2,592
coastal area to help implement, administer, or enforce any aspect 2,593
of the coastal management program. Grants may be used for any of 2,594
the following purposes: 2,595
(1) Feasibility studies and engineering reports for 2,597
projects that are consistent with the policies in the coastal 2,598
management program document; 2,599
(2) The protection and preservation of wetlands, beaches, 2,601
fish and wildlife habitats, minerals, natural areas, prime 2,602
63
agricultural land, endangered plant and animal species, or other 2,603
significant natural coastal resources; 2,604
(3) The management of shoreline development to prevent 2,606
loss of life and property in coastal flood hazard areas and 2,607
coastal erosion areas, to set priorities for water-dependent 2,609
energy, commercial, industrial, agricultural, and recreational 2,610
uses, or to identify environmentally acceptable sites for dredge 2,611
spoil disposal; 2,612
(4) Increasing public access to Lake Erie and other public 2,614
places in the coastal area; 2,615
(5) The protection and preservation of historical, 2,617
cultural, or aesthetic coastal resources; 2,618
(6) Improving the predictability and efficiency of 2,620
governmental decision making related to coastal area management; 2,621
(7) Adopting, administering, and enforcing zoning 2,623
ordinances or resolutions relating to coastal flood hazard areas 2,624
or coastal erosion areas; 2,625
(8) The redevelopment of deteriorating and underutilized 2,627
waterfronts and ports; 2,628
(9) Other purposes approved by the director. 2,630
Sec. 1506.11. (A) "Territory," as used in this section, 2,640
means the waters and the lands presently underlying the waters of 2,641
Lake Erie and the lands formerly underlying the waters of Lake 2,642
Erie and now artificially filled, between the natural shoreline 2,643
and the international boundary line with Canada. 2,644
(B) Whenever the state, acting through the director of 2,646
natural resources, upon application of any person who wants to 2,648
develop or improve part of the territory, and after notice THAT 2,649
THE DIRECTOR, AT THE DIRECTOR'S DISCRETION, MAY GIVE as provided 2,650
in this section, determines that any part of the territory can be 2,651
developed and improved or the waters thereof used as specified in 2,652
the application without impairment of the public right of 2,653
navigation, water commerce, and fishery, a lease of all or any 2,654
part of the state's interest therein may be entered into with the 2,655
64
applicant, or a permit may be issued for that purpose, subject to 2,656
the powers of the United States government and in accordance with 2,657
rules adopted by the director in accordance with Chapter 119. of 2,658
the Revised Code, and without prejudice to the littoral rights of 2,659
any owner of land fronting on Lake Erie, provided that the 2,660
legislative authority of the municipal corporation within which 2,661
any such part of the territory is located, if the municipal 2,662
corporation is not within the jurisdiction of a port authority, 2,663
or the county commissioners of the county within which such part 2,664
of the territory is located, excluding any territory within a 2,665
municipal corporation or under the jurisdiction of a port 2,666
authority, or the board of directors of a port authority with 2,667
respect to such part of the territory included in the 2,668
jurisdiction of the port authority, has enacted an ordinance or 2,669
resolution finding and determining that such part of the 2,670
territory, described by metes and bounds, is not necessary or 2,671
required for the construction, maintenance, or operation by the 2,672
municipal corporation, county, or port authority of breakwaters, 2,673
piers, docks, wharves, bulkheads, connecting ways, water terminal 2,674
facilities, and improvements and marginal highways in aid of 2,675
navigation and water commerce and that the land uses specified in 2,676
the application comply with regulation of permissible land use 2,677
under a waterfront plan of the local authority. 2,678
(C) Upon the filing of the application in the office of 2,680
the director in Columbus, the director may hold a public hearing 2,682
thereon and shall MAY cause written notice of the filing to be 2,684
given to any municipal corporation, county, or port authority, as 2,685
the case may be, in which such part of the territory is located 2,686
and also shall cause public notice of the filing to be given by 2,688
advertisement in a newspaper of general circulation within the 2,689
locality where such part of the territory is located. If a 2,690
hearing is to be held, public notice of the filing may be 2,691
combined with public notice of the hearing and shall be given 2,692
once a week for four consecutive weeks prior to the date of the 2,693
65
initial hearing. All hearings shall be before the director and 2,694
shall be open to the public, and a record shall be made of the 2,695
proceeding. Parties thereto are entitled to be heard and to be 2,696
represented by counsel. The findings and order of the director 2,697
shall be in writing. All costs of the hearings, including 2,698
publication costs, shall be paid by the applicant. The director 2,699
also may hold public meetings on the filing of an application. 2,700
If the director finds that a lease may properly be entered 2,702
into with the applicant or a permit may properly be issued to the 2,703
applicant, the director shall determine the consideration to be 2,705
paid by the applicant, which consideration shall exclude the 2,706
value of the littoral rights of the owner of land fronting on 2,707
Lake Erie and improvements made or paid for by the owner of land 2,708
fronting on Lake Erie or his THAT OWNER'S predecessors in title. 2,710
The lease or permit may be for such periods of time as the 2,711
director determines. The rentals received under the terms of
such a lease or permit shall be paid into the state treasury to 2,713
the credit of the Lake Erie submerged lands fund, which is hereby 2,714
created, and shall be distributed from that fund as follows: 2,715
(1) Fifty per cent of each rental shall be paid to the 2,717
department of natural resources for the administration of this 2,718
section and section 1506.10 of the Revised Code and for the 2,719
coastal management assistance grant program required to be 2,720
established under division (C) of section 1506.02 of the Revised 2,721
Code; 2,722
(2) Fifty per cent of each rental shall be paid to the 2,724
municipal corporation, county, or port authority making the 2,725
finding provided for in this section. 2,726
All leases and permits shall be executed in the manner 2,728
provided by section 5501.01 of the Revised Code and shall 2,729
contain, in addition to the provisions required in this section, 2,730
a reservation to the state of all mineral rights and a provision 2,731
that the removal of any minerals shall be conducted in such 2,732
manner as not to damage any improvements placed by the littoral 2,733
66
owner, lessee, or permit holder on the lands. No lease or permit 2,734
of the lands defined in this section shall express or imply any 2,735
control of fisheries or aquatic wildlife now vested in the 2,736
division of wildlife of the department. 2,737
(D) Upland owners who, prior to October 13, 1955, have 2,739
erected, developed, or maintained structures, facilities, 2,740
buildings, or improvements or made use of waters in the part of 2,741
the territory in front of those uplands shall be granted a lease 2,742
or permit by the state upon the presentation of a certification 2,743
by the chief executive of a municipal corporation, resolution of 2,744
the board of county commissioners, or resolution of the board of 2,745
directors of the port authority establishing that the structures, 2,746
facilities, buildings, improvements, or uses do not constitute an 2,747
unlawful encroachment on navigation and water commerce. The 2,748
lease or permit shall specifically enumerate the structures, 2,749
facilities, buildings, improvements, or uses so included. 2,750
(E) Persons having secured a lease or permit under this 2,752
section are entitled to just compensation for the taking, whether 2,753
for navigation, water commerce, or otherwise, by any governmental 2,754
authority having the power of eminent domain, of structures, 2,755
facilities, buildings, improvements, or uses erected or placed 2,756
upon the territory pursuant to the lease or permit or the 2,757
littoral rights of the person and for the taking of the leasehold 2,758
and the littoral rights of the person pursuant to the procedure 2,759
provided in Chapter 163. of the Revised Code. The compensation 2,760
shall not include any compensation for the site in the territory 2,761
except to the extent of any interest in the site theretofore 2,762
acquired by the person under this section or by prior acts of the 2,763
general assembly or grants from the United States government. 2,764
The failure of any person to apply for or obtain a lease or 2,765
permit under this section does not prejudice any right the person 2,766
may have to compensation for a taking of littoral rights or of 2,767
improvements made in accordance with a lease, a permit, or 2,768
littoral rights. 2,769
67
(F) If any taxes or assessments are levied or assessed 2,771
upon property that is the subject of a lease or permit under this 2,772
section, the taxes or assessments are the obligation of the 2,773
lessee or permit holder. 2,774
(G) If a lease or permit secured under this section 2,776
requires the lessee or permit holder to obtain the approval of 2,777
the department or any of its divisions for any changes in 2,779
structures, facilities, or buildings, for any improvements, or 2,780
for any changes or expansion in uses, no lessee or permit holder 2,781
shall change any structures, facilities, or buildings, make any 2,782
improvements, or expand or change any uses unless the director 2,783
first determines that the proposed action will not adversely 2,784
affect any current or prospective exercise of the public right of 2,785
recreation in the territory and in the state's reversionary 2,786
interest in any territory leased or permitted under this section. 2,787
Proposed changes or improvements shall be deemed to 2,789
"adversely affect" the public right of recreation if the changes 2,790
or improvements cause or will cause any significant demonstrable 2,791
negative impact upon any present or prospective recreational use 2,792
of the territory by the public during the term of the lease or 2,793
permit or any renewals and of any public recreational use of the 2,794
leased or permitted premises in which the state has a 2,795
reversionary interest. 2,796
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MARCH 4, 1998. 2,798
Sec. 1507.05. All moneys derived from the granting of 2,807
permits and leases under section 1505.07 of the Revised Code for 2,808
the removal of sand, gravel, stone, gas, oil, and other minerals 2,809
and substances from and under the bed of Lake Erie and from 2,810
applications for construction permits submitted under section 2,811
1507.04 of the Revised Code shall be paid into the state treasury 2,812
to the credit of the permit and lease fund, which is hereby 2,813
created. Notwithstanding any section of the Revised Code 2,814
relating to the distribution or crediting of fines for violations 2,815
of the Revised Code, all fines imposed under sections 1505.99 and 2,816
68
SECTION 1507.99 of the Revised Code shall be paid into that fund. 2,817
The fund shall be administered by the department of natural 2,818
resources for the protection of Lake Erie shores and waters; 2,820
investigation and prevention of erosion; the planning,
development, and construction of facilities for recreational use 2,822
of Lake Erie; implementation of section 1507.04 of the Revised 2,823
Code; preparation of the state shore erosion plan under section 2,824
1507.10 of the Revised Code; and state administration of Lake 2,825
Erie coastal erosion areas under sections 1506.06 and 1506.07 of 2,826
the Revised Code.
Sec. 1509.01. As used in this chapter: 2,835
(A) "Well" means any borehole, whether drilled or bored, 2,837
within the state, for production, extraction, or injection of any 2,838
gas or liquid mineral, excluding potable water to be used as 2,839
such, but including natural or artificial brines and oil field 2,840
waters. 2,841
(B) "Oil" means crude petroleum oil and all other 2,843
hydrocarbons, regardless of gravity, that are produced in liquid 2,844
form by ordinary production methods, but does not include 2,845
hydrocarbons that were originally in a gaseous phase in the 2,846
reservoir. 2,847
(C) "Gas" means all natural gas and all other fluid 2,849
hydrocarbons THAT ARE not defined above as oil, including 2,850
condensate. 2,851
(D) "Condensate" means liquid hydrocarbons that were 2,853
originally in the gaseous phase in the reservoir. 2,854
(E) "Pool" means an underground reservoir containing a 2,856
common accumulation of oil or gas, or both, but does not include 2,857
a gas storage reservoir. Each zone of a geological structure 2,858
that is completely separated from any other zone in the same 2,859
structure may contain a separate pool. 2,860
(F) "Field" means the general area underlaid by one or 2,862
more pools. 2,863
(G) "Drilling unit" means the minimum acreage on which one 2,865
69
well may be drilled, but does not apply to a well for injecting 2,866
gas into or removing gas from a gas storage reservoir. 2,867
(H) "Waste" includes ALL OF THE FOLLOWING: 2,869
(1) Physical waste, as such THAT term is generally IS 2,872
understood in the oil and gas industry; 2,873
(2) Inefficient, excessive, or improper use, or the 2,875
unnecessary dissipation of, OF reservoir energy; 2,876
(3) Inefficient storing of oil or gas; 2,878
(4) Locating, drilling, equipping, operating, or producing 2,880
an oil or gas well in a manner that reduces or tends to reduce 2,881
the quantity of oil or gas ultimately recoverable under prudent 2,882
and proper operations from the pool into which it is drilled, or 2,883
that causes or tends to cause unnecessary or excessive surface 2,884
loss or destruction of oil or gas; 2,885
(5) Other underground or surface waste in the production 2,887
or storage of oil, gas, or condensate, however caused. 2,888
(I) "Correlative rights" means the reasonable opportunity 2,890
to every person entitled thereto to recover and receive the oil 2,891
and gas in and under his THE PERSON'S tract or tracts, or the 2,892
equivalent thereof, without having to drill unnecessary wells or 2,894
incur other unnecessary expense. 2,895
(J) "Tract" means a single, individually taxed parcel of 2,897
land appearing on the tax list. 2,898
(K) "Owner," unless referring to a mine, means the person 2,900
who has the right to drill on a tract or drilling unit and, to 2,901
drill into and produce from a pool, and to appropriate the oil or 2,902
gas that he produces PRODUCED therefrom either for himself THE 2,904
PERSON or for others, except that a person ceases to be an owner 2,905
with respect to a well when the well has been plugged in 2,906
accordance with applicable rules adopted and orders issued under 2,907
this chapter.
(L) "Royalty interest" means the fee holder's interest 2,909
SHARE in the production from a well, usually one-eighth of the 2,910
gross production. 2,911
70
(M) "Discovery well" means the first well capable of 2,913
producing oil or gas in commercial quantities from a pool. 2,914
(N) "Prepared clay" means a clay which THAT is plastic and 2,916
is thoroughly saturated with fresh water to a weight and 2,917
consistency great enough to settle through saltwater in the well 2,918
in which it is to be used, except as otherwise approved by the 2,919
chief of the division of oil and gas. 2,920
(O) "Rock sediment" means the combined cutting and residue 2,922
from drilling sedimentary rocks and formation. 2,923
(P) "Excavations and workings," "mine," and "pillar" have 2,925
the meaning set forth SAME MEANINGS AS in section 1561.01 of the 2,926
Revised Code. 2,927
(Q) "Coal bearing township" means a township designated as 2,929
such by the chief of the division of mines and reclamation under 2,930
section 1561.06 of the Revised Code. 2,931
(R) "Gas storage reservoir" means a continuous area of a 2,933
subterranean porous sand or rock stratum or strata into which gas 2,934
is or may be injected for the purpose of storing it therein and 2,935
removing it therefrom, and includes a gas storage reservoir as 2,936
defined in division (A) of section 1571.01 of the Revised Code. 2,938
(S) "Safe Drinking Water Act" means the "Safe Drinking 2,940
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), and any 2,941
amendments thereto AS AMENDED BY THE "SAFE DRINKING WATER 2,944
AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C.A. 300(f), THE "SAFE 2,946
DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42 2,948
U.S.C.A. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF 2,950
1996," 110 STAT. 1613, 42 U.S.C.A. 300(f), AND REGULATIONS 2,953
ADOPTED UNDER THOSE ACTS. 2,954
(T) "Person" includes any political subdivision, 2,956
department, agency, or instrumentality of this state; the United 2,957
States and any department, agency, or instrumentality thereof; 2,958
and any legal entity defined as a person under section 1.59 of 2,959
the Revised Code. 2,960
(U) "Brine" means all saline geological formation water 2,962
71
resulting FROM, obtained FROM, or produced in connection with the 2,964
exploration, drilling, or production of oil or gas. 2,965
(V) "Waters of the state" means all streams, lakes, ponds, 2,967
marshes, watercourses, waterways, springs, irrigation systems, 2,968
drainage systems, and other bodies of water, surface or 2,969
underground, natural or artificial, that are situated wholly or 2,970
partially within this state or within its jurisdiction, except 2,971
those private waters that do not combine or effect a junction 2,972
with natural surface or underground waters. 2,973
(W) "Exempt Mississippian well" means a well that meets 2,975
all of the following criteria: 2,976
(1) Was drilled and completed before January 1, 1980; 2,978
(2) Is located in an unglaciated part of the state; 2,980
(3) Was completed in a reservoir no deeper than the 2,982
Mississippian Big Injun sandstone in areas underlain by 2,983
Pennsylvanian or Permian stratigraphy, or the Mississippian berea 2,984
sandstone in areas directly underlain by Permian stratigraphy; 2,985
and 2,986
(4) Is used primarily to provide oil or gas for domestic 2,988
use. 2,989
(X) "Exempt domestic well" means a well that meets all of 2,991
the following criteria: 2,992
(1) Is owned by the owner of the surface estate of the 2,994
tract on which the well is located; 2,995
(2) Is used primarily to provide gas for the owner's 2,997
domestic use; 2,998
(3) Is located more than two hundred feet horizontal 3,000
distance from any inhabited private dwelling house, other than an 3,001
inhabited private dwelling house located on the tract on which 3,002
the well is located; 3,003
(4) Is located more than two hundred feet horizontal 3,005
distance from any public building that may be used as a place of 3,006
resort, assembly, education, entertainment, lodging, trade, 3,007
manufacture, repair, storage, traffic, or occupancy by the 3,008
72
public. 3,009
Sec. 1509.06. An application for a permit to drill a new 3,019
well, drill an existing well deeper, reopen a well, convert a 3,020
well to any use other than its original purpose, or plug back a 3,021
well to a different source of supply shall be filed with the 3,022
chief of the division of oil and gas upon such form as the chief 3,023
prescribes and shall contain each of the following that is 3,024
applicable:
(A) The name and address of the owner and, if a 3,026
corporation, the name and address of the statutory agent; 3,027
(B) The signature of the owner or his THE OWNER'S 3,029
authorized agent. When an authorized agent signs an application, 3,031
it shall be accompanied by a certified copy of his THE 3,032
appointment as such agent. 3,033
(C) The names and addresses of all persons holding the 3,035
royalty interest in the tract upon which the well is located or 3,036
is to be drilled or within a proposed drilling unit; 3,037
(D) The location of the tract or drilling unit on which 3,039
the well is located or is to be drilled identified by section or 3,040
lot number, city, village, township, and county; 3,041
(E) Designation of the well by name and number; 3,043
(F) The geological formation to be tested or used and the 3,045
proposed total depth of the well; 3,046
(G) The type of drilling equipment to be used; 3,048
(H) The name and address of the corporate surety and the 3,050
identifying number of the bond; 3,051
(I) The plan for the storage and disposal of brine and 3,053
other waste substances resulting from, obtained from, or produced 3,054
in connection with exploration, drilling, or production of oil or 3,055
gas. The plan shall provide for compliance with sections 1509.22 3,056
to 1509.226 of the Revised Code. 3,057
(J) If the well is for the injection of a liquid, identity 3,059
of the geological formation to be used as the injection zone and 3,060
the composition of the liquid to be injected; 3,061
73
(K)(I) A sworn statement that all requirements of any 3,063
municipal corporation, county, or township having jurisdiction 3,064
over any activity related to the drilling or operation of an oil 3,065
or gas well that have been filed with the division of oil and gas 3,066
and are in effect at the time the application is filed, 3,067
including, but not limited to, zoning ordinances and resolutions 3,068
and the requirements of section 4513.34 of the Revised Code, will 3,069
be complied with until abandonment of the well; 3,070
(L)(J) A plan for restoration of the land surface 3,072
disturbed by drilling operations. The plan shall provide for 3,073
compliance with the restoration requirements of division (A) of 3,074
section 1509.072 of the Revised Code and any rules adopted by the 3,075
chief pertaining to that restoration. 3,076
(M)(K) A description by name or number of the county, 3,078
township, and municipal corporation roads, streets, and highways 3,079
that the applicant anticipates will be used for access to and 3,080
egress from the well site; 3,081
(N)(L) Such other relevant information as the chief 3,083
prescribes by rule. 3,084
Each application shall be accompanied by a map, on a scale 3,086
not smaller than four hundred feet to the inch, prepared by an 3,087
Ohio registered surveyor, showing the location of the well and 3,088
containing such other data as may be prescribed by the chief. If 3,089
the well is or is to be located within the excavations and 3,090
workings of a mine, the map also shall include the location of 3,091
the mine, the name of the mine, and the name of the person 3,092
operating the mine. 3,093
The chief shall cause a copy of the weekly circular 3,095
prepared by the division of oil and gas to be provided to the 3,096
county engineer of each county that contains active or proposed 3,097
drilling activity. The weekly circular shall contain, in the 3,098
manner prescribed by the chief, the names of all applicants for 3,099
permits, the location of each well or proposed well, the 3,100
information required by division (M)(K) of this section, and any 3,102
74
additional information the chief prescribes. 3,103
The chief shall not issue a permit for at least ten days 3,106
after the date of filing of the application for the permit 3,107
unless, upon reasonable cause shown, he THE CHIEF waives that 3,108
period or a request for expedited review is filed under this 3,110
section. However, the chief shall issue a permit within 3,111
twenty-one days of the filing of the application unless he THE 3,112
CHIEF denies the application by order.
An applicant may file a request with the chief for 3,114
expedited review of his A permit application if the well is not 3,115
or is not to be located in a gas storage reservoir or reservoir 3,117
protective area, as "reservoir protective area" is defined in 3,118
section 1571.01 of the Revised Code. If the well is or is to be 3,119
located in a coal bearing township, the application shall be 3,120
accompanied by the affidavit of the landowner prescribed in 3,121
section 1509.08 of the Revised Code. On the first business day 3,122
of each week, the chief shall issue a policy memorandum 3,124
indicating the number of requests for expedited review that he 3,125
will accept for review during the week immediately following the 3,126
week in which the policy memorandum is issued. The chief shall 3,127
make each policy memorandum available to the public. 3,128
In addition to a complete application for a permit that 3,130
meets the requirements of this section and the permit fee 3,131
prescribed by this section, a request for expedited review shall 3,132
be accompanied by a separate nonrefundable filing fee of five 3,134
hundred dollars. Upon the filing of a request for expedited 3,135
review, the chief shall cause the chief of the division of mines
and reclamation and the county engineer of the county in which 3,136
the well is or is to be located to be notified of the filing of 3,137
the permit application and the request for expedited review by 3,138
telephone or such other means as THAT in the judgment of the 3,139
chief would WILL provide timely notice of the application and 3,141
request. When a request for expedited review is filed, the chief 3,142
immediately shall begin to process the application, but shall not 3,143
75
issue the permit for at least five days after the date of the 3,144
filing of the request. The chief shall issue a permit within 3,145
seven days of the filing of the request unless he THE CHIEF 3,146
denies the application by order. Notwithstanding the provisions 3,147
of this section governing expedited review of permit 3,148
applications, the chief may refuse to accept requests for 3,149
expedited review if, in his THE CHIEF'S judgment, the acceptance 3,151
of the requests would prevent the issuance, within twenty-one 3,152
days of their filing, of permits for which applications are 3,153
pending.
A well shall be drilled and operated in accordance with the 3,155
plans, sworn statements, and other information submitted in the 3,156
approved application. 3,157
The chief shall issue an order denying a permit if the 3,159
chief finds that there is a substantial risk that the operation 3,160
will result in violations of this chapter or rules adopted 3,161
thereunder UNDER IT that will present an imminent danger to 3,162
public health or safety or damage to the environment, provided 3,164
that where the chief finds that terms or conditions to the permit 3,165
can reasonably be expected to prevent such violations, the chief 3,166
shall issue the permit subject to those terms or conditions. 3,167
Each application for a permit required by section 1509.05 3,169
of the Revised Code, except an application for a well drilled or 3,170
reopened for purposes of section 1509.22 of the Revised Code, 3,171
also shall be accompanied by a nonrefundable fee of two hundred 3,172
fifty dollars. 3,173
The chief may order the immediate suspension of drilling, 3,175
operating, or plugging activities if he finds AFTER FINDING THAT 3,176
any person is causing, engaging in, or maintaining a condition or 3,178
activity which THAT in his THE CHIEF'S judgment presents an 3,179
imminent danger to public health or safety or results in or is 3,182
likely to result in immediate substantial damage to natural 3,183
resources or for nonpayment of the fee required by this section. 3,184
The chief may order the immediate suspension of the drilling or 3,185
76
reopening of a well if he is AFTER BEING so requested by the 3,186
chief of the division of mines and reclamation under section 3,188
1509.08 of the Revised Code. Before issuing any such order, the 3,189
chief shall notify the owner in such manner as in the chief's 3,190
judgment would provide reasonable notification that he THE CHIEF 3,191
intends to issue a suspension order. The chief may issue such an 3,193
order without prior notification if reasonable attempts to notify 3,194
the owner have failed, but in such an event notification shall be 3,195
given as soon thereafter as practical. Within five calendar days 3,196
after the issuance of the order, the chief shall provide the 3,197
owner an opportunity to be heard and to present evidence that the 3,198
condition or activity is not likely to result in immediate 3,199
substantial damage to natural resources or does not present an 3,200
imminent danger to public health or safety. Notwithstanding any 3,201
provision of this chapter, the owner may appeal the order 3,202
directly to the court of common pleas of the county in which the 3,203
activity is located.
Sec. 1509.07. An owner of any well, except an exempt 3,213
Mississippian well or an exempt domestic well, shall file with 3,214
the division of oil and gas a certificate issued by an insurance 3,215
company authorized to do business in this state certifying that 3,216
the owner has in force OBTAIN liability insurance coverage FROM A 3,218
COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE in an amount of 3,219
not less than three hundred thousand dollars bodily injury
coverage and three hundred thousand dollars property damage 3,220
coverage to pay damages for injury to persons or damage to 3,221
property caused by the drilling, operation, or plugging of all 3,222
the owner's wells in this state. The owner shall maintain that 3,223
coverage until all his THE OWNER'S wells are plugged and 3,224
abandoned as required by law. The policy or policies providing 3,225
that coverage OWNER shall require the PROVIDE PROOF OF LIABILITY 3,227
insurance company to give notice COVERAGE to the chief of the 3,229
division of oil and gas if the policy or policies lapse for any
reason UPON REQUEST. Upon any such termination of coverage 3,231
77
FAILURE OF THE OWNER TO PROVIDE THAT PROOF WHEN REQUESTED, the 3,232
chief may order the suspension of any outstanding permits and 3,233
operations of the owner until the owner obtains PROVIDES PROOF OF 3,234
the required insurance coverage.
An EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN owner 3,236
of any well, before being issued a permit under section 1509.06 3,238
of the Revised Code, shall execute and file with the division OF 3,239
OIL AND GAS a surety bond conditioned on compliance with the 3,240
restoration requirements of section 1509.072, THE plugging 3,241
requirements of section 1509.12, THE permit provisions of section 3,242
1509.13 of the Revised Code, and all rules and orders of the 3,243
chief relating thereto, in an amount set by rule of the chief. 3,244
The owner may deposit with the chief, instead of a surety 3,246
bond, cash in an amount equal to the surety bond as prescribed in 3,247
PURSUANT TO this section or negotiable certificates of deposit or 3,248
irrevocable letters of credit, issued by any bank organized or 3,251
transacting business in this state or by any savings and loan 3,252
association as defined in section 1151.01 of the Revised Code, 3,253
having a cash value equal to or greater than the amount of the 3,254
surety bond as prescribed in PURSUANT TO this section. Cash or 3,255
certificates of deposit shall be deposited upon the same terms as 3,257
those upon which surety bonds may be deposited. If certificates 3,258
of deposit are deposited with the chief instead of a surety bond, 3,259
he THE CHIEF shall require the bank or savings and loan 3,261
association that issued any such certificate to pledge securities 3,262
of a cash value equal to the amount of the certificate that is in 3,263
excess of the amount insured by any of the agencies and 3,264
instrumentalities created under the "Federal Deposit Insurance 3,265
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and 3,266
regulations adopted under it, including at least the federal 3,267
deposit insurance corporation, bank insurance fund, and savings 3,268
association insurance fund. The securities shall be security for 3,269
the repayment of the certificate of deposit. 3,270
Immediately upon a deposit of cash, certificates of 3,273
78
deposit, or letters of credit with the chief, he THE CHIEF shall 3,274
deliver them to the treasurer of state who shall hold them in 3,275
trust for the purposes for which they have been deposited. 3,276
Instead of a surety bond, the chief may accept proof of 3,278
financial responsibility consisting of a sworn financial 3,279
statement showing a net financial worth within this state equal 3,280
to twice the amount of the bond for which it substitutes and, as 3,281
may be required by the chief, a list of producing properties of 3,282
the owner within this state or such other evidence showing 3,283
ability and intent to comply with the law and rules concerning 3,284
restoration and plugging as THAT may be required by rule of the 3,285
chief. THE OWNER OF AN EXEMPT DOMESTIC OR EXEMPT MISSISSIPPIAN 3,286
WELL IS NOT REQUIRED TO FILE SCHEDULED UPDATES OF THE FINANCIAL 3,287
DOCUMENTS, BUT SHALL FILE UPDATES OF THOSE DOCUMENTS IF REQUESTED 3,288
TO DO SO BY THE CHIEF. THE OWNER OF A NONEXEMPT DOMESTIC OR 3,289
NONEXEMPT MISSISSIPPIAN WELL SHALL FILE UPDATES OF THE FINANCIAL 3,290
DOCUMENTS IN ACCORDANCE WITH A SCHEDULE ESTABLISHED BY RULE OF 3,291
THE CHIEF. The chief may require at any time updating of the 3,292
documents filed and, upon determining that an owner for whom the 3,293
chief has accepted proof of financial responsibility instead of 3,294
bond cannot demonstrate financial responsibility, shall order 3,295
that the owner execute and file a bond or deposit cash, 3,296
certificates of deposit, or irrevocable letters of credit as 3,297
required by this section for the wells specified in the order 3,299
within ten days of receipt of the order. If the order is not 3,300
complied with, all wells of the owner that are specified in the 3,301
order and for which no bond is filed or cash, certificates of 3,302
deposit, or letters of credit are deposited shall be plugged. No 3,303
owner shall fail or refuse to plug such a well. Each day on 3,304
which such a well remains unplugged thereafter constitutes a 3,305
separate offense.
The surety bond provided for in this section shall be 3,307
executed by a surety company authorized to do business in this 3,308
state. 3,309
79
The chief shall not approve any bond until it is personally 3,311
signed and acknowledged by both principal and surety, or as to 3,312
either by his THE PRINCIPAL'S OR SURETY'S attorney in fact, with 3,313
a certified copy of the power of attorney attached thereto. The 3,315
chief shall not approve a bond unless there is attached a 3,316
certificate of the superintendent of insurance that the company 3,317
is authorized to transact a fidelity and surety business in this 3,318
state.
All bonds shall be given in a form to be prescribed by the 3,320
chief and shall run to the state as obligee. 3,321
AN OWNER OF AN EXEMPT MISSISSIPPIAN WELL OR AN EXEMPT 3,324
DOMESTIC WELL, IN LIEU OF FILING A SURETY BOND, CASH IN AN AMOUNT 3,326
EQUAL TO THE SURETY BOND, CERTIFICATES OF DEPOSIT, IRREVOCABLE 3,327
LETTERS OF CREDIT, OR A SWORN FINANCIAL STATEMENT, MAY FILE A 3,328
ONE-TIME FEE OF FIFTY DOLLARS, WHICH SHALL BE DEPOSITED IN THE 3,329
OIL AND GAS WELL PLUGGING FUND CREATED IN SECTION 1509.071 OF THE 3,330
REVISED CODE. 3,331
Sec. 1509.071. (A) When the chief of the division of oil 3,340
and gas finds that an owner has failed to comply with the 3,341
restoration requirements of section 1509.072, plugging 3,342
requirements of section 1509.12, or permit provisions of section 3,343
1509.13 of the Revised Code, or rules and orders relating 3,344
thereto, the chief shall make a finding of that fact and declare 3,346
any surety bond filed to ensure compliance with those sections 3,347
and rules forfeited in the amount set by rule of the chief. The 3,348
chief thereupon shall certify the total forfeiture to the 3,349
attorney general, who shall proceed to collect the amount thereof 3,350
OF THE FORFEITURE.
In lieu of total forfeiture, the surety, at its option, may 3,352
cause the well to be properly plugged and abandoned and the area 3,353
properly restored or pay to the treasurer of state the cost 3,354
thereof OF PLUGGING AND ABANDONMENT. 3,355
(B) All moneys collected on account BECAUSE of forfeitures 3,357
of bonds as provided in this section shall be deposited in the 3,359
80
state treasury to the credit of the oil and gas well plugging 3,360
fund, which is hereby created. The fund shall be expended by the 3,361
chief for the following purposes: 3,362
(1) In accordance with division (D) of this section, to 3,364
plug wells or to restore the land surface properly as required in 3,368
section 1509.072 of the Revised Code for which such THE bonds
have been forfeited, for abandoned wells for which no funds are 3,370
available to plug such THE wells in accordance with this chapter, 3,372
or to use abandoned wells for the injection of oil or gas 3,373
production wastes; 3,374
(2) In accordance with division (E) of this section, to 3,376
correct conditions that the chief reasonably has determined are 3,378
causing imminent health or safety risks. 3,379
Expenditures from the fund shall be made only for lawful 3,381
purposes. 3,382
(C)(1) Upon determining that the owner of a well has 3,385
failed to properly plug and abandon it or to properly restore the 3,386
land surface at the well site in compliance with the applicable 3,387
requirements of this chapter and applicable rules adopted and 3,388
orders issued under it or that a well is an abandoned well for 3,389
which no funds are available to plug the well in accordance with 3,390
this chapter, the chief shall do all of the following: 3,391
(a) Determine from the records in the office of the county 3,394
recorder of the county in which the well is located the identity 3,395
of the owner of the land on which the well is located, the
identity of the owner of the oil or gas lease under which the 3,396
well was drilled or the identity of each person owning an 3,397
interest in the lease, and the identities of the persons having 3,398
legal title to, or a lien upon, any of the equipment appurtenant 3,399
to the well; 3,400
(b) Mail notice to the owner of the land on which the well 3,403
is located informing the landowner that the well is to be 3,404
plugged. If the owner of the oil or gas lease under which the 3,405
well was drilled is different from the owner of the well or if
81
any persons other than the owner of the well own interests in the 3,406
lease, the chief also shall mail notice that the well is to be 3,407
plugged to the owner of the lease or to each person owning an 3,408
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 3,411
lien upon, any equipment appurtenant to the well, informing the 3,412
person that the well is to be plugged and offering the person the 3,413
opportunity to plug the well and restore the land surface at the 3,414
well site at the person's own expense in order to avoid 3,415
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 3,418
of this section plugs the well within sixty days after the 3,419
mailing of the notice required by that division, all equipment 3,420
appurtenant to the well is hereby declared to be forfeited to 3,421
this state without compensation and without the necessity for any 3,423
action by the state for use to defray the cost of plugging and 3,424
abandoning the well and restoring the land surface at the well 3,425
site.
(D) Expenditures from the fund for the purpose of division 3,427
(B)(1) of this section shall be made in accordance with either of 3,429
the following:
(1) The expenditures may be made pursuant to contracts 3,431
entered into by the chief with persons who agree to furnish all 3,433
of the materials, equipment, work, and labor as specified and 3,434
provided in such a contract. Agents or employees of persons 3,435
contracting with the chief for the restoration, plugging, and 3,436
injection projects may enter upon any land, public or private, 3,437
for which a project has been approved by the controlling board 3,438
and on which the well is located, for the purpose of performing 3,439
the work. Prior to such entry, the chief shall give to the 3,440
following persons written notice of the existence of a contract 3,441
for a project to restore, plug, or inject oil or gas production 3,442
wastes into a well, the names of the persons with whom the 3,443
contract is made, and the date that the project will commence: 3,444
82
the owner of the well, the owner of the land upon which the well 3,445
is located, the owner or agents of adjoining land, and, if the 3,446
well is located in the same township as or in a township adjacent 3,447
to the excavations and workings of a mine and the owner or lessee 3,448
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 3,449
preceding three years, the owner or lessee of the mine. 3,450
The chief periodically shall submit project proposals under 3,452
division (D)(1) of this section to the controlling board, 3,454
together with benefit and cost data and other pertinent 3,455
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 3,457
plugging, or injection projects that are approved by the 3,458
controlling board, and expenditures for a particular project may 3,459
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 3,462
who has received notice under division (C)(1)(b) of this section 3,463
may plug the well and be reimbursed by the division for the 3,464
reasonable cost of plugging the well. In order to plug the well, 3,465
the landowner shall submit an application to the chief on a form 3,466
prescribed by the chief and approved by the technical advisory 3,467
council on oil and gas created in section 1509.38 of the Revised 3,469
Code. The application, at a minimum, shall require the landowner 3,470
to provide the same information as is required to be included in 3,471
the application for a permit to plug and abandon under section 3,472
1509.13 of the Revised Code. The application shall be 3,473
accompanied by a copy of a proposed contract to plug the well 3,474
prepared by a contractor regularly engaged in the business of 3,475
plugging oil and gas wells. The proposed contract shall require 3,476
the contractor to furnish all of the materials, equipment, work, 3,477
and labor necessary to properly plug the well PROPERLY and shall 3,478
specify the price for doing the work, including a credit for the 3,480
equipment appurtenant to the well that was forfeited to the state 3,481
through the operation of division (C)(2) of this section. The 3,482
83
application also shall be accompanied by the permit fee required 3,483
by section 1509.13 of the Revised Code unless the chief, in the 3,484
chief's discretion, waives payment of the permit fee. If the 3,485
chief waives payment of the permit fee in connection with an 3,486
application, the chief shall certify the amount of the fee to the 3,487
director of budget and management for transfer from the oil and 3,488
gas well plugging fund to the oil and gas permit fund created in 3,489
section 1509.02 of the Revised Code. The application constitutes 3,491
an application for a permit to plug and abandon the well for the 3,492
purposes of section 1509.13 of the Revised Code. 3,493
(b) Within thirty days after receiving an application and 3,496
accompanying proposed contract under division (D)(2)(a) of this 3,498
section, the chief shall determine whether the plugging would 3,499
comply with the applicable requirements of this chapter and 3,500
applicable rules adopted and orders issued under it and whether 3,501
the cost of the plugging under the proposed contract is 3,502
reasonable. If the chief determines that the proposed plugging 3,504
would comply with those requirements and that the proposed cost 3,505
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 3,506
permit to plug and abandon the well under section 1509.13 of the 3,507
Revised Code. Upon approval of the application and proposed 3,509
contract, the chief shall transfer ownership of the equipment 3,510
appurtenant to the well to the landowner. The chief may 3,511
disapprove an application submitted under division (D)(2)(a) of 3,513
this section if the chief determines that the proposed plugging 3,514
would not comply with the applicable requirements of this chapter 3,515
and applicable rules adopted and orders issued under it, that the 3,516
cost of the plugging under the proposed contract is unreasonable, 3,517
or that the proposed contract is not a bona fide, arms length 3,518
contract.
(c) After receiving the chief's notice of the approval of 3,521
the application and permit to plug and abandon a well under 3,522
division (D)(2)(b) of this section, the landowner shall enter 3,523
84
into the proposed contract to plug the well. The plugging shall 3,524
be completed within one hundred eight days after the landowner 3,525
receives the notice of approval and permit. 3,526
(d) Upon determining that the plugging has been completed 3,529
within the time required by division (D)(2)(c) of this section 3,531
and has been completed in compliance with the applicable 3,532
requirements of this chapter and applicable rules adopted and 3,533
orders issued under it, the chief shall reimburse the landowner 3,534
for the cost of the plugging, as set forth in the proposed 3,535
contract approved by the chief. The reimbursement shall be paid 3,536
from the oil and gas well plugging fund. If the chief determines 3,537
that the plugging was not completed within the required time or 3,538
was not completed in accordance with the applicable requirements, 3,539
the chief shall not reimburse the landowner for the cost of the 3,540
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 3,542
possession of the equipment appurtenant to the well that 3,544
previously was transferred to the landowner under division 3,545
(D)(2)(b) of this section. If any such equipment was removed 3,546
from the well during the plugging and sold, the landowner shall 3,547
pay to the chief the proceeds from the sale of the equipment, and 3,548
the chief promptly shall pay the moneys so received to the 3,549
treasurer of state for deposit into the oil and gas well plugging 3,550
fund.
The chief may establish an annual limit on the number of 3,552
wells that may be plugged under division (D)(2) of this section 3,554
or an annual limit on the expenditures to be made under that 3,555
division.
As used in division (D)(2) of this section, "plug" and 3,559
"plugging" include the plugging of the well and the restoration 3,560
of the land surface disturbed by the plugging.
(E) Expenditures from the fund for the purpose of division 3,562
(B)(2) of this section may be made pursuant to contracts entered 3,564
into by the chief with persons who agree to furnish all of the 3,565
85
materials, equipment, work, and labor as specified and provided 3,566
in such a contract. The competitive bidding requirements of 3,567
Chapter 153. of the Revised Code do not apply if the chief
reasonably determines that correction of the applicable health or 3,568
safety risk requires immediate action. The chief, designated 3,569
representatives of the chief, and agents or employees of persons 3,570
contracting with the chief under this division may enter upon any 3,572
land, public or private, for the purpose of performing the work. 3,573
(F) Contracts entered into by the chief under this section 3,576
are not subject to either of the following: 3,577
(1) Chapter 4115. of the Revised Code; 3,579
(2) Section 153.54 of the Revised Code, except that the 3,582
contractor shall obtain and provide to the chief as a bid 3,583
guaranty a surety bond or letter of credit in an amount equal to 3,584
ten per cent of the amount of the contract. 3,585
(G) THE OWNER OF LAND ON WHICH A WELL IS LOCATED WHO HAS 3,588
RECEIVED NOTICE UNDER DIVISION (C)(1)(b) OF THIS SECTION, IN LIEU 3,591
OF PLUGGING THE WELL IN ACCORDANCE WITH DIVISION (D)(2) OF THIS 3,592
SECTION, MAY CAUSE OWNERSHIP OF THE WELL TO BE TRANSFERRED TO AN 3,593
OWNER WHO IS LAWFULLY DOING BUSINESS IN THIS STATE AND WHO HAS 3,594
MET THE FINANCIAL RESPONSIBILITY REQUIREMENTS ESTABLISHED UNDER 3,595
SECTION 1509.07 OF THE REVISED CODE, SUBJECT TO THE APPROVAL OF 3,598
THE CHIEF. THE TRANSFER OF OWNERSHIP ALSO SHALL BE SUBJECT TO 3,599
THE LANDOWNER'S FILING THE APPROPRIATE FORMS REQUIRED UNDER THIS 3,600
CHAPTER AND PROVIDING TO THE CHIEF SUFFICIENT INFORMATION TO 3,601
DEMONSTRATE THE LANDOWNER'S OR OWNER'S RIGHT TO PRODUCE A
FORMATION OR FORMATIONS. THAT INFORMATION MAY INCLUDE A DEED, A 3,602
LEASE, OR OTHER DOCUMENTATION OF OWNERSHIP OR PROPERTY RIGHTS. 3,604
THE CHIEF SHALL APPROVE OR DISAPPROVE THE TRANSFER OF 3,606
OWNERSHIP OF THE WELL. IF THE CHIEF APPROVES THE TRANSFER, THE 3,607
OWNER IS RESPONSIBLE FOR OPERATING THE WELL IN ACCORDANCE WITH 3,608
THIS CHAPTER AND RULES ADOPTED UNDER IT, INCLUDING, WITHOUT 3,609
LIMITATION, ALL OF THE FOLLOWING: 3,610
(1) FILING AN APPLICATION WITH THE CHIEF UNDER SECTION 3,612
86
1509.06 OF THE REVISED CODE IF THE OWNER INTENDS TO DRILL DEEPER 3,615
OR PRODUCE A FORMATION THAT IS NOT LISTED IN THE RECORDS OF THE 3,616
DIVISION FOR THAT WELL;
(2) TAKING TITLE TO AND POSSESSION OF THE EQUIPMENT 3,618
APPURTENANT TO THE WELL THAT HAS BEEN IDENTIFIED BY THE CHIEF AS 3,619
HAVING BEEN ABANDONED BY THE FORMER OWNER; 3,620
(3) COMPLYING WITH ALL APPLICABLE REQUIREMENTS THAT ARE 3,623
NECESSARY TO DRILL DEEPER, PLUG THE WELL, OR PLUG BACK THE WELL. 3,624
Sec. 1509.072. No oil or gas well owner or his agent OF AN 3,633
OIL OR GAS WELL OWNER shall fail to restore the land surface 3,634
within the area disturbed in siting, drilling, completing, and 3,635
producing the well as required in this section. 3,636
(A) Within five months after the date upon which the 3,638
surface drilling of a well is commenced, the owner or his THE 3,639
OWNER'S agent shall, in accordance with his THE restoration plan 3,642
filed under division (L)(J) of section 1509.06 of the Revised 3,643
Code, SHALL fill all the pits for containing brine, other waste 3,645
substances resulting, obtained, or produced in connection with 3,646
exploration, OR drilling FOR, or production of oil or gas, or oil 3,647
that are not required by other state or federal law or 3,649
regulation, and remove all concrete bases, drilling supplies, and 3,650
drilling equipment. Within nine months after the date upon which 3,651
the surface drilling of a well is commenced, the owner or his THE 3,652
OWNER'S agent shall grade or terrace and plant, seed, or sod the 3,654
area disturbed that is not required in production of the well, 3,655
where necessary to bind the soil and prevent substantial erosion 3,656
and sedimentation. If the chief of the division of oil and gas 3,657
finds that a pit used for containing brine, other waste 3,658
substances, or oil is in violation of section 1509.22 of the 3,659
Revised Code or rules adopted or orders issued thereunder UNDER 3,660
IT, the chief may require the pit to be emptied and closed before 3,662
expiration of the five-month restoration period.
(B) Within six months after a well that has produced oil 3,664
or gas is plugged, or after the plugging of a dry hole, the owner 3,665
87
or his THE OWNER'S agent shall remove all production and storage 3,666
structures, supplies, and equipment, and any oil, salt water, and 3,668
debris, and fill any remaining excavations. Within such THAT 3,669
period the owner or his THE OWNER'S agent shall grade or terrace 3,671
and plant, seed, or sod the area disturbed, where necessary to 3,673
bind the soil and prevent substantial erosion and sedimentation. 3,674
The owner shall be released from responsibility to perform 3,676
any or all restoration requirements of this section on any part 3,677
or all of the area disturbed, upon the filing of a request for a 3,678
waiver with and obtaining the written approval of the chief, 3,679
which request shall be signed by the surface owner to certify the 3,680
approval of the surface owner of the release sought. The chief 3,681
shall approve such THE request unless he THE CHIEF finds upon 3,683
inspection that the waiver would be likely to result in 3,685
substantial damage to adjoining property, substantial 3,686
contamination of surface or underground water, or substantial 3,687
erosion or sedimentation.
The chief may, by order, MAY shorten the time periods 3,689
provided for under division (A) or (B) of this section if failure 3,690
to shorten the periods would be likely to result in damage to 3,691
public health or the waters or natural resources of the state. 3,692
The chief may, upon written application by an owner or his 3,694
AN OWNER'S agent showing reasonable cause, MAY extend the period 3,695
within which restoration shall be completed under divisions (A) 3,697
and (B) of this section, but not to exceed a further six-month 3,698
period, except under extraordinarily adverse weather conditions 3,699
or when essential equipment, fuel, or labor is unavailable to the 3,700
owner or his THE OWNER'S agent. 3,701
If the chief refuses to approve a request for waiver or 3,703
extension, he THE CHIEF shall do so by order. 3,704
Sec. 1509.13. No person shall plug and abandon a well 3,713
without having a permit to do so issued by the chief of the 3,714
division of oil and gas. The permit shall be issued by the chief 3,715
in accordance with this chapter, and the chief may by rule 3,716
88
establish BY RULE a period of time from date of issue during 3,717
which permits will be valid. Application by the owner for a 3,718
permit to plug and abandon shall be filed as many days in advance 3,719
as will be necessary for an oil and gas well inspector or, if the 3,720
well is located in a coal bearing township, the gas storage well 3,721
inspector or a deputy mine inspector to be present at the 3,722
plugging. The application shall be filed with the chief of the 3,723
division of oil and gas upon such A form as THAT the chief 3,725
prescribes and shall contain the following information: 3,726
(A) The name and address of the owner; 3,728
(B) The signature of the owner or his THE OWNER'S 3,730
authorized agent. When an authorized agent signs an application, 3,732
it shall be accompanied by a certified copy of his THE 3,733
appointment as such THAT agent. 3,734
(C) The location of the well identified by section or lot 3,736
number, city, village, township, and county; 3,737
(D) Designation of well by name and number; 3,739
(E) The total depth of the well to be plugged; 3,741
(F) The date and amount of last production from the well; 3,743
(G) Such other OTHER data as THAT the chief may require. 3,746
If oil or gas has been produced from the well, the 3,748
application shall be accompanied by a fee of fifty dollars. If a 3,749
new dry well has been drilled in accordance with law and the 3,750
permit is still valid, the permit holder may receive approval to 3,751
plug the well from an oil and gas well inspector or, if the well 3,752
is located in a coal bearing township, the gas storage well 3,753
inspector or a deputy mine inspector so that the well can be 3,754
plugged and abandoned without undue delay. No well located 3,755
outside a coal bearing township shall be plugged and abandoned 3,756
without an oil and gas well inspector present unless permission 3,757
has been granted by the chief of the division of oil and gas, and 3,758
no well located within a coal bearing township shall be plugged 3,759
and abandoned without the gas storage well inspector or a deputy 3,760
mine inspector present unless permission has been granted by the 3,761
89
chief of the division of mines and reclamation. The owner of the 3,763
well shall give written notice at the same time to the owner of 3,764
the land upon which the well is located, the owners or agents of 3,765
adjoining land, adjoining well owners or agents, and, if the well 3,766
penetrates or passes within one hundred feet of the excavations 3,767
and workings of a mine, the owner or lessee of that mine, of his 3,768
THE WELL OWNER'S intention to abandon the well and of the time 3,769
when he THE WELL OWNER will be prepared to commence plugging it. 3,770
An applicant may file a request with the chief of the 3,772
division of oil and gas for expedited review of an application 3,773
for a permit to plug and abandon a well. The chief shall MAY 3,774
refuse to accept a request for expedited review after three such 3,776
requests have been filed in a week, and shall not accept more 3,777
than one request from the same applicant in any week IF, IN THE 3,778
CHIEF'S JUDGMENT, ACCEPTANCE OF THE REQUEST WILL PREVENT THE 3,779
ISSUANCE, WITHIN TWENTY-ONE DAYS OF FILING, OF PERMITS FOR WHICH 3,780
APPLICATIONS FILED UNDER SECTION 1509.06 OF THE REVISED CODE ARE 3,781
PENDING. In addition to a complete application for a permit that 3,782
meets the requirements of this section and the permit fee 3,783
prescribed by this section, if applicable, a request shall be 3,784
accompanied by a nonrefundable filing fee of two hundred fifty 3,785
dollars unless the chief has ordered the applicant to plug and 3,786
abandon the well. When a request for expedited review is filed, 3,787
the chief shall immediately begin to process the application and 3,788
shall issue a permit within seven days of the filing of the 3,789
request unless he THE CHIEF, by order, denies the application. 3,791
Upon filing of an application for a permit to plug and 3,793
abandon a well that is located in a coal bearing township, the 3,794
chief shall cause the chief of the division of mines and 3,795
reclamation to be notified of the filing of the permit 3,796
application by telephone or such other means as THAT in the 3,797
judgment of the chief would provide timely notice of the 3,799
application.
This section does not apply to a well plugged or abandoned 3,801
90
in compliance with section 1571.05 of the Revised Code. 3,803
Sec. 1509.14. Any person who abandons a well, when written 3,812
permission has been granted by the chief of the division of oil 3,813
and gas or the chief of the division of mines and reclamation to 3,815
abandon and plug such THE well without an inspector being present 3,816
to supervise the plugging, shall make a written report of such 3,818
THE abandonment to the chief who OF THE DIVISION OF OIL AND GAS 3,819
REGARDLESS OF WHICH CHIEF granted such permission FOR THE 3,820
ABANDONMENT. The report SHALL BE SUBMITTED TO THE CHIEF OF THE 3,822
DIVISION OF OIL AND GAS NOT LATER THAN THIRTY DAYS AFTER THE DATE 3,823
OF ABANDONMENT AND shall include ALL OF the following: 3,825
(A) The date of abandonment; 3,827
(B) The name of the owner or operator of such THE well at 3,829
the time of abandonment and his THE post-office address OF THE 3,830
OWNER OR OPERATOR; 3,832
(C) The location of such THE well as to township and 3,834
county and the name of the owner of the surface upon which such 3,835
THE well is drilled, with the address thereof; 3,837
(D) The date of the permit to drill; 3,839
(E) The date when drilled; 3,841
(F) Whether such well has been mapped; 3,843
(G) The depth of the well; 3,845
(H)(G) The depth of the top of the formation to which the 3,847
well was drilled; 3,848
(I)(H) The depth of each seam of coal drilled through; 3,850
(J)(I) A detailed report as to how such THE well was 3,853
plugged, giving in particular the manner in which the coal and 3,854
various formations were plugged, and the date of the plugging of 3,855
such THE well, including therein the names of those who witnessed 3,857
the plugging of the well. 3,858
Such THE report shall be signed by the owner or operator, 3,860
OR THE agent thereof OF THE OWNER OR OPERATOR, who abandons and 3,862
plugs such THE well and verified by the oath of the party so 3,864
signing. For the purposes of this section, the oil and gas well 3,865
91
inspectors, gas storage well inspectors, or deputy mine 3,866
inspectors may take acknowledgments and administer oaths to the 3,867
parties signing such THE report.
Sec. 1509.22. (A) Except when acting in accordance with 3,876
section 1509.226 of the Revised Code, no person shall place or 3,877
cause to be placed brine in surface or ground water or in or on 3,878
the land in such quantities or in such manner as actually causes 3,879
or could reasonably be anticipated to cause EITHER OF THE 3,880
FOLLOWING:
(1) Water used for consumption by humans or domestic 3,882
animals to exceed the standards of the "Safe Drinking Water Act"; 3,884
or 3,885
(2) Damage or injury to public health or safety or the 3,887
environment. 3,888
(B) No person shall store or dispose of brine in violation 3,890
of a plan approved under division (I) of section 1509.06 of the 3,891
Revised Code, division (A) of section 1509.222 of the Revised 3,892
Code, or section 1509.226 of the Revised Code, in violation of a 3,893
resolution submitted under section 1509.226 of the Revised Code, 3,894
or in violation of rules or orders applicable to such THOSE plans 3,896
or resolutions. 3,897
(C) The chief of the division of oil and gas shall adopt 3,899
rules and issue orders regarding storage and disposal of brine 3,900
and other waste substances; however, the storage and disposal of 3,901
brine and the chief's rules relating thereto TO STORAGE AND 3,902
DISPOSAL are subject to ALL OF the following standards: 3,903
(1) Brine from any well except an exempt Mississippian 3,905
well shall only be disposed of ONLY by injection into an 3,906
underground formation, including annular disposal if approved by 3,908
rule of the chief, which injection shall be subject to division 3,909
(D) of this section; by surface application in accordance with 3,910
section 1509.226 of the Revised Code; in association with a 3,911
method of enhanced recovery as provided in section 1509.21 of the 3,912
Revised Code; or by other methods approved by the chief for 3,913
92
testing or implementing a new technology or method of disposal. 3,914
Brine from exempt Mississippian wells shall not be discharged 3,915
directly into the waters of the state. 3,916
(2) Muds, cuttings, and other waste substances shall not 3,918
be disposed of in violation of any rule; 3,919
(3) Pits may be used for containing brine and other waste 3,921
substances resulting FROM, obtained FROM, or produced in 3,922
connection with drilling, fracturing, reworking, reconditioning, 3,924
plugging back, or plugging operations, but such THE pits shall be 3,925
constructed and maintained to prevent the escape of brine and 3,927
such OTHER WASTE substances. A dike or pit may be used for spill 3,929
prevention and control. A dike or pit so used shall be 3,930
constructed and maintained to prevent the escape of brine, and 3,931
the reservoir within such a dike or pit shall be kept reasonably 3,932
free of brine and other waste substances. 3,933
(4) Earthen impoundments constructed pursuant to the 3,935
division's specifications may be used for the temporary storage 3,936
of brine and other waste substances in association with a 3,937
saltwater injection well, an enhanced recovery project, or a 3,938
solution mining project; 3,939
(5) No pit, earthen impoundment, or dike shall be used for 3,941
the temporary storage of brine except in accordance with 3,942
divisions (C)(3) and (4) of this section; and 3,943
(6) No pit or dike shall be used for the ultimate disposal 3,945
of brine. 3,946
(D) No person shall, without first having obtained a 3,948
permit from the chief, SHALL inject brine or other waste 3,949
substances resulting FROM, obtained FROM, or produced in 3,950
connection with oil or gas drilling, exploration, or production 3,953
into an underground formation, unless a rule of the chief 3,954
expressly authorizes the injection without a permit. The permit 3,955
shall be in addition to any permit required by section 1509.05 of 3,956
the Revised Code, and the permit application shall be accompanied 3,957
by a permit fee of one hundred dollars. The chief shall adopt 3,958
93
rules in accordance with Chapter 119. of the Revised Code 3,959
regarding the injection into wells of brine and other waste 3,960
substances resulting FROM, obtained FROM, or produced in 3,961
connection with oil or gas drilling, exploration, or production. 3,962
The rules shall include provisions regarding applications for and 3,963
issuance of the permits required by this division; entry to 3,964
conduct inspections and to examine and copy records to ascertain 3,965
compliance with this division and rules, orders, and terms and 3,966
conditions of permits ADOPTED OR issued thereunder UNDER IT; the 3,967
provision and maintenance of information through monitoring, 3,969
recordkeeping, and reporting; and other provisions in furtherance 3,970
of the goals of this section and the "Safe Drinking Water Act." 3,971
To implement the goals of the "Safe Drinking Water Act," 88 Stat. 3,972
1661, 42 U.S.C.A. 300(f), as amended, the chief shall not issue a 3,973
permit for the injection of brine or other waste substances 3,974
resulting FROM, obtained FROM, or produced in connection with oil 3,976
or gas drilling, exploration, or production, unless the chief 3,977
concludes that the applicant has demonstrated that the injection 3,978
will not result in the presence of any contaminant in ground 3,979
water that supplies or can reasonably be expected to supply any 3,980
public water system, such that the presence of the contaminant 3,981
may result in the system's not complying with any national 3,982
primary drinking water regulation or may otherwise adversely 3,983
affect the health of persons. This division and rules, orders, 3,984
and terms and conditions of permits ADOPTED OR issued thereunder 3,985
UNDER IT shall be construed to be no more stringent than required 3,986
for compliance with the Safe Drinking Water Act, unless essential 3,987
to ensure that underground sources of drinking water will not be 3,988
endangered. 3,989
(E) The owner holding a permit, or an assignee or 3,991
transferee who has assumed the obligations and liabilities 3,992
imposed by Chapter 1509. of the Revised Code THIS CHAPTER and any 3,994
rules ADOPTED or orders issued thereunder UNDER IT pursuant to 3,995
section 1509.31 of the Revised Code, and the operator of a well 3,996
94
shall be liable for a violation of this section or any rules 3,997
adopted or orders or terms or conditions of a permit issued under 3,998
this section IT.
(F) An owner shall replace the water supply of the holder 4,000
of an interest in real property who obtains all or part of his 4,001
THE HOLDER'S supply OF water for domestic, agricultural, 4,002
industrial, or other legitimate use from an underground or 4,004
surface source where the supply has been substantially disrupted 4,005
by contamination, diminution, or interruption proximately 4,006
resulting from the owner's oil or gas operation, or the owner may 4,007
elect to compensate the holder of the interest in real property 4,008
for the difference between the fair market value of the interest 4,009
before the damage occurred to the water supply and the fair 4,010
market value after the damage occurred, if the cost of replacing 4,011
the water supply exceeds this difference in fair market values. 4,012
However, during the pendency of any order issued under this 4,013
division, the owner shall obtain for the holder or shall 4,014
reimburse the holder for the reasonable cost of obtaining a water 4,015
supply from the time of the contamination, diminution, or 4,016
interruption by the operation until the owner has complied with 4,017
an order of the chief for compliance with this division or such 4,018
AN order has been revoked or otherwise becomes not effective. If 4,019
the owner elects to pay the difference in fair market values, but 4,020
the owner and the holder have not agreed on the difference within 4,021
thirty days after the chief issues an order for compliance with 4,022
this division, then within ten days after the expiration of this 4,023
THAT thirty-day period, the owner and the chief shall each SHALL 4,025
appoint an appraiser to determine the difference in fair market 4,026
values, except that the holder of the interest in real property 4,027
may elect to appoint and compensate his THE HOLDER'S own 4,028
appraiser, in which case the chief shall not appoint an 4,030
appraiser. The two appraisers appointed shall appoint a third 4,031
appraiser, and within thirty days after the appointment of the 4,032
third appraiser, the three appraisers shall hold a hearing to 4,033
95
determine the difference in fair market values. Within ten days 4,034
after the hearing, the appraisers shall make their determination 4,035
by majority vote and issue their final determination of the 4,036
difference in fair market values. The chief shall accept a 4,037
determination of the difference in fair market values made by 4,038
agreement of the owner and holder or by appraisers under this 4,039
division and shall make and dissolve orders accordingly. This 4,040
division does not affect in any way the right of any person to 4,041
enforce or protect, under applicable law, his THE PERSON'S 4,042
interest in water resources affected by an oil or gas operation.
(G) In any action brought by the state for a violation of 4,044
division (A) of this section involving any well at which annular 4,045
disposal is used, there shall be a rebuttable presumption 4,046
available to the state that the annular disposal caused the 4,047
violation if the well is located within a one-quarter mile radius 4,048
of the site of the violation. 4,049
Sec. 1509.222. (A)(1) Except as provided in section 4,058
1509.226 of the Revised Code, no person shall transport brine by 4,059
vehicle in this state unless the business entity that employs the 4,060
person first registers with and obtains a registration 4,061
certificate and identification number from the chief of the 4,062
division of oil and gas. 4,063
(2) No more than one registration certificate shall be 4,065
required of any business entity. Registration certificates 4,066
issued under this section are not transferrable TRANSFERABLE. An 4,067
applicant shall file an application with the chief, containing 4,069
such information in such form as the chief prescribes, but 4,070
including a plan for disposal that provides for compliance with 4,071
the requirements of this chapter and rules of the chief 4,072
pertaining to the transportation of brine by vehicle and the 4,073
disposal of brine so transported and that lists all disposal 4,074
sites that the applicant intends to use, the bond required by 4,075
section 1509.225 of the Revised Code, and a certificate issued by 4,076
an insurance company authorized to do business in this state 4,077
96
certifying that the applicant has in force a liability insurance 4,078
policy in an amount not less than three hundred thousand dollars 4,079
bodily injury coverage and three hundred thousand dollars 4,080
property damage coverage to pay damages for injury to persons or 4,081
property caused by the collecting, handling, transportation, or 4,082
disposal of brine. The policy shall be maintained in effect 4,083
during the term of the registration certificate. The policy or 4,084
policies providing such THE coverage shall require the insurance 4,085
company to give notice to the chief if the policy or policies 4,087
lapse for any reason. Upon such termination of the policy, the 4,088
chief may suspend the registration certificate until proper 4,089
insurance coverage is obtained. Each application for a 4,090
registration certificate shall be accompanied by a nonrefundable 4,091
fee of five hundred dollars. 4,092
(B) The chief shall issue an order denying an application 4,094
for a registration certificate if the chief finds that EITHER OF 4,095
THE FOLLOWING APPLIES: 4,096
(1) The applicant, at the time of applying for the 4,098
registration certificate, has been found liable by a final 4,099
nonappealable order of a court of competent jurisdiction for 4,100
damage to streets, roads, highways, bridges, culverts, or 4,101
drainways pursuant to section 4513.34 or 5577.12 of the Revised 4,102
Code until the applicant provides the chief with evidence of 4,103
compliance with the order; 4,104
(2) The applicant's plan for disposal does not provide for 4,106
compliance with the requirements of this chapter and rules of the 4,107
chief pertaining to the transportation of brine by vehicle and 4,108
the disposal of brine so transported. 4,109
(C) No applicant shall attempt to circumvent division (B) 4,111
of this section by applying for a registration certificate under 4,112
a different name or business organization name, by transferring 4,113
responsibility to another person or entity, or by any similar 4,114
act. 4,115
(D) A registered transporter shall apply to revise a 4,117
97
disposal plan under procedures that the chief shall prescribe by 4,118
rule. However, at a minimum, an application for a revision shall 4,119
list all sources and disposal sites of brine currently 4,120
transported. If the chief approves a revision of a plan under 4,121
this division, the approval also constitutes approval of a 4,122
revision of affected disposal plans required by division (I) of 4,123
section 1509.06 of the Revised Code, except as the chief 4,124
otherwise specifically provides in the order approving the 4,125
revision. The chief shall deny any application for a revision of 4,126
a plan under this division if the chief finds that the proposed 4,127
revised plan does not provide for compliance with the 4,128
requirements of this chapter and rules of the chief pertaining to 4,129
the transportation of brine by vehicle and the disposal of brine 4,130
so transported. Approvals and denials of revisions shall be by 4,131
order of the chief. 4,132
(E) The chief may adopt rules, issue orders, and attach 4,134
terms and conditions to registration certificates as may be 4,135
necessary to administer, implement, and enforce sections 1509.222 4,136
to 1509.226 of the Revised Code for protection of public health 4,137
or safety or conservation of natural resources. 4,138
Sec. 1509.31. Whenever the entire interest of an oil and 4,147
gas lease is assigned or otherwise transferred, the assignor or 4,148
transferor shall notify the holders of the royalty interests, 4,149
and, if a well or wells exist on the lease, the division of oil 4,150
and gas, of the name and address of the assignee or transferee by 4,151
certified mail, return receipt requested, not later than thirty 4,152
days after the date of the assignment or transfer. When notice 4,153
of any such assignment or transfer is required to be provided to 4,154
the division, it shall be provided on a form prescribed and 4,155
provided by the division and verified by both the assignor or 4,156
transferor and by the assignee or transferee. The notice form 4,157
applicable to assignments or transfers of a well to the owner of 4,158
the surface estate of the tract on which the well is located 4,159
shall contain a statement informing the landowner that the well 4,160
98
may require periodic servicing to maintain its productivity; 4,161
that, upon assignment or transfer of the well to him THE 4,162
LANDOWNER, the landowner becomes responsible for compliance with 4,163
the requirements of this chapter and rules adopted under it, 4,164
including, without limitation, the proper disposal of brine 4,165
obtained from the well, the plugging of the well when it becomes 4,166
incapable of producing oil or gas, and the restoration of the 4,167
well site; and that, upon assignment or transfer of the well to 4,168
him THE LANDOWNER, the landowner becomes responsible for the 4,169
costs of compliance with the requirements of this chapter and 4,170
rules adopted under it and the costs for operating and servicing 4,171
the well. 4,172
The owner holding a permit under section 1509.05 of the 4,174
Revised Code is responsible for all obligations and liabilities 4,175
imposed by this chapter and any rules, orders, and terms and 4,176
conditions of a permit ADOPTED OR issued thereunder UNDER IT, and 4,178
no assignment or transfer by the owner relieves the owner of the 4,179
obligations and liabilities until and unless the assignee or 4,180
transferee files with the division of oil and gas the information 4,181
described in divisions (A), (B), (C), (D), (E), (H)(I), (J), (K), 4,182
AND (L), (M), and (N) of section 1509.06 of the Revised Code; 4,183
files or has filed the certificate of OBTAINS LIABILITY insurance 4,186
COVERAGE required by section 1509.07 of the Revised Code, except 4,188
when none is required by that section; and executes and files a 4,189
surety bond, negotiable certificates of deposit OR IRREVOCABLE 4,190
LETTERS OF CREDIT, or cash, as described in THAT section 1509.07 4,191
of the Revised Code. Instead of a bond, but only upon acceptance 4,192
by the chief, the assignee or transferee may file proof of 4,193
financial responsibility, described in section 1509.07 of the 4,194
Revised Code. Section 1509.071 of the Revised Code applies to the 4,195
surety bond, cash, and negotiable certificates of deposit AND 4,196
IRREVOCABLE LETTERS OF CREDIT described in this section. Unless 4,198
the chief approves a modification, each assignee or transferee 4,199
shall operate in accordance with the plans and information filed 4,200
99
by the permit holder pursuant to section 1509.06 of the Revised 4,201
Code.
Sec. 1511.02. The chief of the division of soil and water 4,212
conservation, subject to the approval of the director of natural 4,213
resources, shall do all of the following: 4,214
(A) Provide administrative leadership to local soil and 4,216
water conservation districts in planning, budgeting, staffing, 4,217
and administering district programs and the training of district 4,218
supervisors and personnel in their duties, responsibilities, and 4,219
authorities as prescribed in this chapter and Chapter 1515. of 4,220
the Revised Code; 4,221
(B) Administer this chapter and Chapter 1515. of the 4,223
Revised Code pertaining to state responsibilities and provide 4,224
staff assistance to the Ohio soil and water conservation 4,225
commission in exercising its statutory responsibilities; 4,226
(C) Assist in expediting state responsibilities for 4,228
watershed development and other natural resource conservation 4,229
works of improvement; 4,230
(D) Coordinate the development and implementation of 4,232
cooperative programs and working agreements between local soil 4,233
and water conservation districts and divisions or sections of the 4,234
department of natural resources, or other agencies of local, 4,235
state, and federal government; 4,236
(E) Subject to the approval of the Ohio soil and water 4,238
conservation commission, adopt, amend, or rescind rules pursuant 4,239
to Chapter 119. of the Revised Code. Rules adopted pursuant to 4,240
this section: 4,241
(1) Shall establish technically feasible and economically 4,243
reasonable standards to achieve a level of management and 4,244
conservation practices in farming or silvicultural operations 4,245
that will abate wind or water erosion of the soil or abate the 4,246
degradation of the waters of the state by animal waste or by soil 4,247
sediment including substances attached thereto, and establish 4,248
criteria for determination of the acceptability of such 4,249
100
management and conservation practices; 4,250
(2) Shall establish technically feasible and economically 4,252
reasonable standards to achieve a level of management and 4,253
conservation practices that will abate wind or water erosion of 4,254
the soil or abate the degradation of the waters of the state by 4,255
soil sediment in conjunction with land grading, excavating, 4,256
filling, or other soil-disturbing activities on land used or 4,257
being developed for nonfarm commercial, industrial, residential, 4,258
or other nonfarm purposes, and establish criteria for 4,259
determination of the acceptability of such management and 4,260
conservation practices. The standards shall be designed to 4,261
implement applicable areawide waste treatment management plans 4,262
prepared under section 208 of the "Federal Water Pollution 4,263
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1288, as amended. 4,264
The standards and criteria shall not apply in any municipal 4,265
corporation or county that adopts ordinances or rules pertaining 4,266
to sediment control, nor to lands being used in a strip mine 4,267
operation as defined in section 1513.01 of the Revised Code, nor 4,268
to lands being used in a surface mining operation as defined in 4,269
section 1514.01 of the Revised Code. 4,270
(3) May recommend criteria and procedures for the approval 4,272
of urban sediment pollution abatement plans and issuance of 4,273
permits prior to any grading, excavating, filling, or other whole 4,274
or partial disturbance of five or more contiguous acres of land 4,275
owned by one person or operated as one development unit and 4,276
require implementation of such a plan. Areas of less than five 4,277
contiguous acres are not exempt from compliance with other 4,278
provisions of this chapter and rules adopted under them. 4,279
(4) Shall establish procedures for administration of rules 4,281
for agricultural pollution abatement and urban sediment pollution 4,282
abatement and for enforcement of rules for agricultural pollution 4,283
abatement; 4,284
(5) Shall specify the pollution abatement practices 4,286
eligible for state cost sharing and determine the conditions for 4,287
101
eligibility, the construction standards and specifications, the 4,288
useful life, the maintenance requirements, and the limits of cost 4,289
sharing for those practices. Eligible practices shall be limited 4,290
to practices that address agricultural or silvicultural 4,291
operations and that require expenditures that are likely to 4,292
exceed the economic returns to the owner or operator and that 4,293
abate soil erosion or degradation of the waters of the state by 4,294
animal waste or soil sediment including pollutants attached 4,295
thereto. 4,296
(6) Until June 1, 1996, shall specify the multiflora rose 4,298
control practices eligible for state cost sharing, the conditions 4,299
of eligibility for state cost sharing, the limits of cost sharing 4,300
for those practices, specifications for carrying out those 4,301
practices to ensure effective control of the multiflora rose and 4,302
to safeguard the health and safety of human beings and domestic 4,303
animals and the environment, and the contract provisions to be 4,304
included in cost-sharing agreements with landowners; 4,305
(7) Until June 1, 1996, shall establish procedures for 4,307
administering grants to soil and water conservation districts for 4,308
control of multiflora rose; 4,309
(8) Shall establish procedures for administering grants to 4,311
owners or operators of agricultural land or concentrated animal 4,312
feeding operations for the implementation of operation and 4,313
management plans; 4,314
(9) Shall establish procedures for administering grants to 4,316
soil and water conservation districts for urban sediment 4,317
pollution abatement programs, specify the types of projects 4,318
eligible for grants, establish limits on the availability of 4,319
grants, and establish requirements governing the execution of 4,320
projects to encourage the reduction of erosion and sedimentation 4,321
associated with soil-disturbing activities; 4,322
(10) Shall do all of the following with regard to 4,324
composting conducted in conjunction with agricultural operations: 4,325
(a) Provide for the distribution of educational material 4,327
102
concerning composting to the offices of the Ohio cooperative 4,328
extension service for the purposes of section 1511.022 of the 4,329
Revised Code; 4,330
(b) Establish methods, techniques, or practices for 4,332
composting dead animals, or particular types of dead animals, 4,333
that are to be used at such operations, as the chief considers to 4,334
be necessary or appropriate; 4,335
(c) Establish requirements and procedures governing the 4,337
review and approval or disapproval of composting plans by the 4,338
supervisors of soil and water conservation districts under 4,339
division (T)(U) of section 1515.08 of the Revised Code. 4,340
(11) Shall be adopted, amended, or rescinded after the 4,342
chief does all of the following: 4,343
(a) Mails notice to each statewide organization that he 4,345
THE CHIEF determines represents persons or local governmental 4,346
agencies who would be affected by the proposed rule, amendment 4,347
thereto, or rescission thereof at least thirty-five days before 4,348
any public hearing thereon; 4,349
(b) Mails a copy of each proposed rule, amendment thereto, 4,351
or rescission thereof to any person who requests a copy, within 4,352
five days after receipt of the request; 4,353
(c) Consults with appropriate state and local governmental 4,355
agencies or their representatives, including statewide 4,356
organizations of local governmental officials, industrial 4,357
representatives, and other interested persons; 4,358
(d) If the rule relates to agricultural pollution 4,360
abatement, develops an economic impact statement concerning the 4,361
effect of the proposed rule or amendment. 4,362
(12) Shall not conflict with air or water quality 4,364
standards adopted pursuant to section 3704.03 or 6111.041 of the 4,365
Revised Code. Compliance with rules adopted pursuant to this 4,366
section shall DOES not affect liability for noncompliance with 4,367
air or water quality standards adopted pursuant to section 4,369
3704.03 or 6111.041 of the Revised Code. The application of a 4,370
103
level of management and conservation practices recommended under 4,371
this section to control windblown soil from farming operations 4,372
shall create CREATES a presumption of compliance with section 4,373
3704.03 of the Revised Code as that section applies to windblown 4,375
soil.
(13) Insofar as the rules relate to urban sediment 4,377
pollution, shall not be applicable in a municipal corporation or 4,378
county that adopts ordinances or rules for urban sediment 4,379
control, except that a municipal corporation or county that 4,380
adopts such ordinances or rules may receive moneys for urban 4,381
sediment control that are disbursed by the board of supervisors 4,382
of the applicable soil and water conservation district under 4,383
division (R) of section 1515.08 of the Revised Code. The rules 4,384
shall not exempt any person from compliance with municipal 4,385
ordinances enacted pursuant to Section 3 of Article XVIII, Ohio 4,386
Constitution. 4,387
(F) Cost share with landowners on practices established 4,389
pursuant to division (E)(5) of this section as moneys are 4,390
appropriated and available for that purpose. Any practice for 4,391
which cost share is provided shall be maintained for its useful 4,392
life. Failure to maintain a cost share practice for its useful 4,393
life shall subject the landowner to full repayment to the 4,394
division. 4,395
(G) Issue orders requiring compliance with any rule 4,397
adopted under division (E)(1) of this section or with section 4,398
1511.022 of the Revised Code. Before the chief issues an order, 4,399
he THE CHIEF shall afford each person allegedly liable an 4,400
adjudication hearing under Chapter 119. of the Revised Code. The 4,401
chief may require in an order that a person who has caused 4,402
agricultural pollution by failure to comply with the standards 4,403
established under division (E)(1) of this section operate under 4,404
an operation and management plan approved by the chief under this 4,405
section. The chief shall require in an order that a person who 4,406
has failed to comply with division (A) of section 1511.022 of the 4,407
104
Revised Code prepare a composting plan in accordance with rules 4,408
adopted under division (E)(10)(c) of this section and operate in 4,409
accordance with that plan or that a person who has failed to 4,410
operate in accordance with such a plan begin to operate in 4,411
accordance with it. Each order shall be issued in writing and 4,412
contain a finding by the chief of the facts upon which the order 4,413
is based and the standard that is not being met. 4,414
(H) Refrain from issuing any order requiring a pollution 4,416
abatement practice that is eligible for cost sharing under 4,417
division (E)(5) of this section unless public funds are available 4,418
for cost sharing on those practices at not less than seventy-five 4,419
per cent of the cost, but not more than fifteen thousand dollars 4,420
per person per year for practices for abating agricultural 4,421
pollution. The fifteen thousand dollar per person per year limit 4,422
may be waived by majority vote of the Ohio soil and water 4,423
conservation commission. 4,424
(I) Employ field assistants and such other employees as 4,426
are necessary for the performance of the work prescribed by 4,427
Chapter 1515. of the Revised Code, for performance of work of the 4,428
division, and as agreed to under working agreements or 4,429
contractual arrangements with local soil and water conservation 4,430
districts, prescribe their duties, and fix their compensation in 4,431
accordance with such schedules as are provided by law for the 4,432
compensation of state employees. 4,433
All employees of the division, unless specifically exempted 4,435
by law, shall be employed subject to the classified civil service 4,436
laws in force at the time of employment. 4,437
(J) In connection with new or relocated projects involving 4,439
highways, underground cables, pipelines, railroads, and other 4,440
improvements affecting soil and water resources, including 4,441
surface and subsurface drainage: 4,442
(1) Provide engineering service as is mutually agreeable 4,444
to the Ohio soil and water conservation commission and the 4,445
director to aid in the design and installation of soil and water 4,446
105
conservation practices as a necessary component of such projects; 4,447
(2) Maintain close liaison between the owners of lands on 4,449
which the projects are executed, local soil and water 4,450
conservation districts, and authorities responsible for such 4,451
projects; 4,452
(3) Review plans for such projects to ensure their 4,454
compliance with standards developed under division (E) of this 4,455
section in cooperation with the department of transportation or 4,456
with any other interested agency that is engaged in soil or water 4,457
conservation projects in the state in order to minimize adverse 4,458
impacts on soil and water resources adjacent to or otherwise 4,459
affected by these projects; 4,460
(4) Recommend measures to retard erosion and protect soil 4,462
and water resources through the installation of water impoundment 4,463
or other soil and water conservation practices; 4,464
(5) Cooperate with other agencies and subdivisions of the 4,466
state to protect the agricultural status of rural lands adjacent 4,467
to such projects and control adverse impacts on soil and water 4,468
resources. 4,469
(K) Collect, analyze, inventory, and interpret all 4,471
available information pertaining to the origin, distribution, 4,472
extent, use, and conservation of the soil resources of the state; 4,473
(L) Prepare and maintain up-to-date reports, maps, and 4,475
other materials pertaining to the soil resources of the state and 4,476
their use and make that information available to governmental 4,477
agencies, public officials, conservation entities, and the 4,478
public; 4,479
(M) Provide soil and water conservation districts with 4,481
technical assistance including on-site soil investigations and 4,482
soil interpretation reports on the suitability or limitations of 4,483
soil to support a particular use or to plan soil conservation 4,484
measures. The assistance shall be upon such terms as are 4,485
mutually agreeable to the districts and the department of natural 4,486
resources. 4,487
106
(N) Assist local government officials in utilizing land 4,489
use planning and zoning, current agricultural use value 4,490
assessment, development reviews, and land management activities; 4,491
(O) 4,493
(P) 4,495
(Q) 4,497
(R) 4,499
(S) 4,501
(P)(O) When necessary for the purposes of this chapter or 4,503
Chapter 1515. of the Revised Code, develop or approve operation 4,504
and management plans. 4,505
This section does not restrict the excrement of domestic or 4,507
farm animals defecated on land outside a concentrated animal 4,508
feeding operation or runoff therefrom into the waters of the 4,509
state. 4,510
Sec. 1511.022. (A) Any person who owns or operates an 4,519
agricultural operation, or owns the animals raised by the owner 4,520
or operator of an agricultural operation, and who wishes to 4,521
conduct composting of dead animals resulting from the 4,522
agricultural operation shall do both of the following: 4,523
(1) Participate in an educational course concerning 4,525
composting conducted by the Ohio cooperative extension service 4,526
and obtain a certificate of completion for the course; 4,527
(2) Use the appropriate method, technique, or practice of 4,529
composting established in rules adopted under division (E)(10) of 4,530
section 1511.02 of the Revised Code. 4,531
(B) Any person who fails to comply with division (A) of 4,533
this section shall prepare and operate under a composting plan in 4,534
accordance with an order issued by the chief of the division of 4,535
soil and water conservation under division (H) of section 1511.02 4,536
of the Revised Code. If the person's proposed composting plan is 4,537
disapproved by the board of supervisors of the appropriate soil 4,538
and water conservation district under division (T)(U)(3) of 4,539
section 1515.08 of the Revised Code, the person may appeal the 4,541
107
plan disapproval to the chief, who shall afford the person a 4,542
hearing. Following the hearing, the chief shall uphold the plan 4,543
disapproval or reverse it. If the chief reverses the 4,544
disapproval, the plan shall be deemed approved. 4,545
Sec. 1513.02. (A) The division of mines and reclamation 4,554
shall administer, enforce, and implement this chapter. The chief 4,555
of the division of mines and reclamation shall do all of the 4,556
following:
(1) Adopt, amend, and rescind rules: 4,558
(a) To administer and enforce this chapter; 4,560
(b) To implement the requirements of this chapter for the 4,562
reclamation of lands affected by coal mining, including such 4,563
rules governing mining practices and procedures, segregation and 4,564
placement of soil and topsoil, backfilling, grading, terracing, 4,565
resoiling, soil conditioning and reconditioning, planting, 4,566
establishment of drainage patterns, construction of impoundments, 4,567
and the construction, maintenance, and disposition of haul roads, 4,568
ditches, and dikes, as may be necessary or desirable, under 4,569
varying conditions of slope, drainage, physical and chemical 4,570
characteristics of soil and overburden, erodability of materials, 4,571
season, growth characteristics of plants, and other factors 4,572
affecting coal mining and reclamation, to facilitate the return 4,573
of the land to a condition required by this chapter; to prevent 4,574
pollution or substantial diminution of waters of the state, 4,575
substantial erosion, substantial deposition of sediment, 4,576
landslides, accumulation and discharge of acid water, and 4,577
flooding, both during mining and reclamation and thereafter; to 4,578
restore the recharge capacity of the mined area to approximate 4,579
premining conditions; and to ensure full compliance with all 4,580
requirements of this chapter relating to reclamation, and the 4,581
attainment of those objectives in the interest of the public 4,582
health, safety, and welfare to which these reclamation 4,583
requirements are directed; 4,584
(c) To meet the requirements of the "Surface Mining 4,586
108
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,587
1201. 4,588
(2) Issue orders to enforce this chapter and rules adopted 4,590
under it; 4,591
(3) Adopt rules for the internal management of the 4,593
division that do not affect private rights; 4,594
(4) Adopt programs, rules, and procedures designed to 4,596
assist the coal operator in this state with the permitting 4,597
process and complying with the environmental standards of this 4,598
chapter. Upon request of the applicant for a permit, the chief 4,599
shall make a determination of the probable hydrologic 4,600
consequences required in division (B)(2)(k) of section 1513.07 of 4,601
the Revised Code within sixty days after a permit has been 4,602
submitted to the division for those applications requesting the 4,603
chief to perform the study. The chief shall perform the chemical 4,604
analysis of test borings or core samplings for operators who have 4,605
a total annual production of coal at all locations that does not 4,606
exceed one hundred thousand tons. 4,607
(5) Adopt programs, rules, and procedures designed to 4,609
ensure that reclamation is performed on operations for which the 4,610
performance bond has been forfeited pursuant to section 1513.16 4,611
of the Revised Code. For this purpose, the chief may transfer up 4,612
to one million dollars annually from the coal mining 4,613
administration and reclamation reserve fund, created in section 4,614
1513.181 of the Revised Code, to the reclamation supplemental 4,615
forfeiture fund, created in section 1513.18 of the Revised Code.; 4,616
(6) Receive, administer, and expend moneys obtained from 4,618
the United States department of the interior and other federal 4,619
agencies to implement the state's permanent coal regulatory 4,620
program; 4,621
(7) EXERCISE PRIMARY JURISDICTION OVER ALL SURFACE AND 4,623
UNDERGROUND COAL MINING OPERATIONS REGULATED UNDER THIS CHAPTER 4,624
AND ON ALL ABANDONED MINE LANDS RECLAIMED UNDER THIS CHAPTER WITH 4,626
RESPECT TO THE BENEFICIAL USE AND DISPOSAL OF COAL COMBUSTION 4,627
109
BYPRODUCTS.
(B) The chief, by rule, may designate as unsuitable for 4,629
coal mining natural areas maintained on the registry of natural 4,630
areas of the department of natural resources pursuant to that 4,631
chapter CHAPTER 1517. OF THE REVISED CODE, wild, scenic, or 4,633
recreational river areas designated pursuant to Chapter 1501. of 4,634
the Revised Code THAT CHAPTER, publicly owned or dedicated parks, 4,635
and other areas of unique and irreplaceable natural beauty or 4,636
condition, or areas within specified distances of a public road, 4,637
occupied dwelling, public building, school, church, community, or 4,638
institutional building, public park, or cemetery. Such a 4,639
designation may include land adjacent to the perimeters of those 4,640
areas that may be necessary to protect their integrity. 4,641
(C)(1) The adoption, amendment, and rescission of rules 4,643
under divisions (A)(1) and (B) of this section are subject to 4,644
Chapter 119. of the Revised Code. 4,645
(2) The issuance of orders under division (A)(2) of this 4,647
section and appeals therefrom are not governed by or subject to 4,648
Chapter 119. of the Revised Code, but are governed by this 4,649
chapter. 4,650
(D)(1) When the chief or an authorized representative of 4,652
the chief determines that any condition or practice exists or 4,653
that any permittee is in violation of any requirement of this 4,654
chapter or any permit condition required by this chapter, which 4,655
condition, practice, or violation creates an imminent danger to 4,656
the health or safety of the public or is causing, or can 4,657
reasonably be expected to cause, significant, imminent 4,658
environmental harm to land, air, or water resources, the chief or 4,659
the authorized representative immediately shall order the 4,660
cessation of coal mining and reclamation operations or the 4,661
portion thereof relevant to the condition, practice, or 4,662
violation. The cessation order shall remain in effect until the 4,663
chief or the authorized representative determines that the 4,664
condition, practice, or violation has been abated or until the 4,665
110
order is modified, vacated, or terminated by the chief or the 4,666
authorized representative pursuant to division (D)(4) of this 4,667
section or by the reclamation commission pursuant to section 4,668
1513.13 of the Revised Code. When the chief or an THE authorized 4,670
representative of the chief finds that the ordered cessation of 4,671
coal mining and reclamation operations or any portion thereof 4,672
will not completely abate the imminent danger to the health or 4,673
safety of the public or the significant, imminent environmental 4,674
harm to land, air, or water resources, the chief or the 4,675
authorized representative, in addition to the cessation order, 4,676
shall order the operator to take whatever steps the chief or the 4,677
authorized representative considers necessary to abate the 4,678
imminent danger or the significant environmental harm. 4,679
(2) When the chief or an authorized representative of the 4,682
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 4,683
this chapter, but the violation does not create an imminent 4,684
danger to the health or safety of the public or cannot reasonably 4,685
be expected to cause significant, imminent environmental harm to 4,686
land, air, or water resources, the chief or the authorized 4,687
representative shall issue a notice of violation to the person or 4,689
the person's agent fixing a reasonable time for the abatement of 4,690
the violation, provided that the time afforded a person to abate 4,692
the violation shall not exceed the time limitations prescribed by 4,693
the secretary of the interior in 30 C.F.R. Part 843 for an 4,694
approvable state regulatory program under the "Surface Mining 4,695
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,696
1201.
If, upon expiration of the period of time as originally 4,698
fixed or subsequently extended for good cause shown and upon the 4,699
written finding of the chief or an THE authorized representative 4,700
of the chief, the chief or the authorized representative finds 4,702
that the violation has not been abated, the chief or the 4,703
authorized representative immediately shall order the cessation 4,705
111
of coal mining and reclamation operations or the portion thereof 4,706
relevant to the violation. The cessation order shall remain in 4,707
effect until the chief or the authorized representative 4,708
determines that the violation has been abated or until the order 4,709
is modified, vacated, or terminated by the chief or the 4,710
authorized representative pursuant to division (D)(4) of this 4,712
section or by the reclamation commission pursuant to section 4,714
1513.13 of the Revised Code. In a cessation order issued under 4,715
this division (D)(2) OF THIS SECTION, the chief or the authorized 4,716
representative shall prescribe the steps necessary to abate the 4,718
violation in the most expeditious manner possible. 4,719
(3) When in the judgment of the chief or an authorized 4,721
representative of the chief a pattern of violations of any 4,722
requirements of this chapter or any permit conditions required by 4,724
this chapter exists or has existed and the violations are caused 4,725
by the unwarranted failure of the permittee to comply with any 4,726
requirements of this chapter or any permit conditions or are 4,727
willfully caused by the permittee, the chief or the authorized 4,729
representative immediately shall issue an order to the permittee 4,730
to show cause why the permit should not be suspended or revoked. 4,731
If a hearing is requested, the chief shall inform all interested 4,732
parties of the time and place of the hearing and conduct the 4,733
hearing pursuant to division (D) of section 1513.13 of the 4,734
Revised Code. Upon the permittee's failure to show cause why the 4,736
permit should not be suspended or revoked, the chief or the 4,737
authorized representative immediately shall suspend or revoke the 4,739
permit.
(4) Notices of violation and orders issued pursuant to 4,741
this section shall set forth with reasonable specificity the 4,742
nature of the violation and the remedial action required, the 4,743
period of time established for abatement, and a reasonable 4,744
description of the portion of the coal mining and reclamation 4,745
operation to which the notice or order applies. Each notice or 4,746
order issued under this section shall be given promptly to the 4,747
112
alleged violator or the agent of the alleged violator by the 4,749
chief or the AN authorized representative of the chief who issues 4,750
the notice or order. Notices and orders shall be in writing and 4,751
shall be signed by the chief or the authorized representatives 4,752
REPRESENTATIVE and may be modified, vacated, or terminated by the 4,754
chief or the authorized representative. Any notice or order 4,755
issued pursuant to this section that requires cessation of mining 4,756
by the operator shall expire within thirty days after actual 4,757
notice to the operator unless a public hearing pursuant to 4,758
section 1513.13 of the Revised Code is held at the site or within 4,759
such reasonable proximity to the site that any viewings of the 4,760
site can be conducted during the course of the public hearing. 4,761
(E) The chief may appoint, under section 121.13 of the 4,763
Revised Code, an advisory committee of experts in the fields of 4,764
hydrology, soil conservation, historic preservation, and related 4,765
fields to provide advice on coal mining and reclamation 4,767
practices, the environmental impact of coal mining, the adoption 4,768
of rules, the approval of plans, and the issuance of permits 4,769
under section 1513.07 of the Revised Code. 4,770
(F)(1) A person who violates a permit condition or any 4,772
other provision of this chapter may be assessed a civil penalty 4,773
by the chief, except that if the violation leads to the issuance 4,774
of a cessation order under division (D) of this section, the 4,775
civil penalty shall be assessed for each day until the person 4,776
initiates the necessary corrective steps. The penalty shall not 4,777
exceed five thousand dollars for each violation. Each day of 4,778
continuing violation may be deemed a separate violation for 4,779
purposes of penalty assessments. In determining the amount of 4,780
the penalty, consideration shall be given to the person's history 4,781
of previous violation at the particular coal mining operation; 4,782
the seriousness of the violation, including any irreparable harm 4,783
to the environment and any hazard to the health or safety of the 4,784
public; whether the person was negligent; and the demonstrated 4,785
diligence of the person charged in attempting to achieve rapid 4,786
113
compliance after notification of the violation. 4,787
(2) A civil penalty shall be assessed by the chief only 4,789
after the person charged with a violation under division (F)(1) 4,790
of this section has been given an opportunity for a public 4,791
hearing. If a person charged with such a violation fails to 4,792
avail self of the opportunity for a public hearing, a civil 4,794
penalty shall be assessed by the chief after the chief has
determined that a violation did occur, and the amount of the 4,795
penalty which THAT is warranted, and has issued an order 4,796
requiring that the penalty be paid. 4,798
(3) Upon the issuance of a notice or order charging that a 4,800
violation of this chapter has occurred, the chief shall inform 4,801
the operator within thirty days of the proposed amount of the 4,802
penalty and provide opportunity for an adjudicatory hearing 4,803
pursuant to section 1513.13 of the Revised Code. The person 4,804
charged with the penalty then shall have thirty days to pay the 4,805
proposed penalty in full or, if the person wishes to contest 4,806
either the amount of the penalty or the fact of the violation, 4,807
file a petition for review of the proposed assessment with the 4,808
secretary of the reclamation commission pursuant to section 4,810
1513.13 of the Revised Code. If, after the hearing, the 4,811
commission affirms or modifies the proposed amount of the 4,813
penalty, the person charged with the penalty then shall have 4,814
thirty days after receipt of the written decision to pay the 4,815
amount in full or file an appeal with the court of appeals in 4,816
accordance with section 1513.14 of the Revised Code. At the time 4,817
the petition for review of the proposed assessment is filed with 4,818
the secretary, the person shall forward the amount of the penalty 4,819
to the secretary for placement in the reclamation penalty fund, 4,820
which is hereby created. The fund shall be in the custody of the 4,821
treasurer of state, but shall not be a part of the state 4,822
treasury. Pursuant to administrative or judicial review of the 4,823
penalty, the secretary, within thirty days, shall remit the 4,824
appropriate amount of the penalty to the person, with interest, 4,825
114
if it is determined that no violation occurred or that the amount 4,826
of the penalty should be reduced, and the secretary SHALL forward 4,827
the balance of the penalty or, if the penalty was not reduced, 4,829
the entire amount of the penalty, with interest, to the chief for 4,830
deposit in the coal mining administration and reclamation reserve 4,831
fund created in section 1513.181 of the Revised Code. Failure to 4,832
forward the money to the secretary within thirty days after the 4,833
chief informs the operator of the proposed amount of the penalty 4,834
shall result in a waiver of all legal rights to contest the 4,835
violation or the amount of the penalty. Within fifteen days 4,836
after being informed of the penalty, the person charged with the 4,837
penalty may request in writing an informal assessment conference 4,838
to review the amount of the penalty. The conference shall be 4,839
presided over by the chief or someone AN INDIVIDUAL appointed by 4,840
the chief other than the inspector that issued the notice of 4,842
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 4,843
conferences. Time allowed for payment of the penalty or appeal 4,844
to the commission shall be tolled while the penalty is being 4,846
reviewed in an informal conference. 4,847
(4) An operator who fails to correct a violation for which 4,849
a notice of violation or order has been issued under division (D) 4,850
of this section within the period permitted for its correction 4,851
shall be assessed a civil penalty of not less than seven hundred 4,852
fifty dollars for each day during which the failure or violation 4,853
continues. However, a civil penalty shall not be assessed under 4,854
this division (F)(4) OF THIS SECTION if the commission orders the 4,856
suspension of the abatement requirement after determining, based 4,858
upon the findings of an expedited hearing held under section 4,859
1513.13 of the Revised Code at the request of the operator, that 4,860
the operator will suffer irreparable loss or damage from the 4,861
application of the abatement requirement or if the court orders 4,862
suspension of the abatement requirement pursuant to review 4,863
proceedings held under section 1513.14 of the Revised Code at the 4,864
115
request of the operator.
(G) The chief may enter into a cooperative agreement with 4,866
the secretary of the interior to provide for state regulation of 4,867
coal mining and reclamation operations on federal lands within 4,868
the state. 4,869
(H) The chief may prohibit augering if necessary to 4,871
maximize the utilization, recoverability, or conservation of the 4,872
solid fuel resources or to protect against adverse water quality 4,873
impacts. 4,874
(I) The chief shall transmit copies of all schedules 4,876
submitted under section 1513.07 of the Revised Code pertaining to 4,877
violations of air or water quality laws and rules adopted and 4,878
orders issued thereunder UNDER THOSE LAWS in connection with coal 4,880
mining operations to the director of environmental protection for 4,881
verification. 4,882
(J) For the purposes of sections 1513.18, 1513.24, 4,884
1513.37, and 1514.06 of the Revised Code, the chief triennially 4,885
shall determine the average wage rate for companies performing 4,886
reclamation work for the division under those sections by 4,887
averaging the wage rate paid by all companies performing such 4,888
reclamation work during the three years immediately preceding the 4,890
determination. However, in making the initial determination 4,891
under this division, the chief shall average the wage rate paid 4,892
by all companies performing such reclamation work during the ten 4,893
years immediately preceding October 29, 1995. 4,895
Sec. 1513.18. (A) All money that becomes the property of 4,905
the state under divisions (A) to DIVISION (G) of section 1513.16 4,906
of the Revised Code shall be deposited in the reclamation 4,908
forfeiture fund, which is hereby created in the state treasury. 4,909
Disbursements from the fund shall be made by the chief of the 4,910
division of mines and reclamation only for the purpose of 4,911
reclaiming areas of land affected by coal mining under a coal 4,912
mining and reclamation permit issued on or after September 1, 4,913
1981, on which an operator has defaulted. 4,914
116
(B) All cash that becomes the property of the state under 4,916
division (H) of section 1513.16 of the Revised Code shall be 4,917
deposited in the defaulted areas RECLAMATION SUPPLEMENTAL 4,918
FORFEITURE fund, which is hereby created in the state treasury. 4,919
THE FUND SHALL CONSIST OF ALL MONEYS SO DEPOSITED, ANY MONEYS 4,921
TRANSFERRED TO IT UNDER THIS DIVISION FROM THE UNRECLAIMED LANDS 4,922
FUND CREATED IN SECTION 1513.30 OF THE REVISED CODE, ANY MONEYS 4,924
TRANSFERRED TO IT UNDER SECTION 1513.181 OF THE REVISED CODE FROM 4,927
THE COAL MINING AND RECLAMATION RESERVE FUND CREATED IN THAT 4,928
SECTION, AND MONEYS COLLECTED AND CREDITED TO IT PURSUANT TO 4,929
SECTION 5749.02 OF THE REVISED CODE. Disbursements from the fund 4,932
shall be made by the chief only for the purpose of reclaiming 4,933
areas of land affected by coal mining under a permit issued under 4,934
this chapter after April 10, 1972, but before September 1, 1981, 4,935
on which an operator has defaulted. The THAT AN OPERATOR HAS 4,937
AFFECTED BY MINING AND FAILED TO RECLAIM UNDER A COAL MINING AND 4,938
RECLAMATION PERMIT ISSUED UNDER THIS CHAPTER OR UNDER A SURFACE 4,939
MINING PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE. 4,942
THE CHIEF'S PRIORITY FOR MANAGEMENT OF THE FUND, INCLUDING THE 4,943
SELECTION OF PROJECTS AND TRANSFER OF MONEYS, SHALL BE TO ENSURE 4,944
THAT SUFFICIENT MONEYS ARE AVAILABLE FOR THE RECLAMATION OF AREAS 4,945
AFFECTED BY MINING UNDER A COAL MINING AND RECLAMATION PERMIT. 4,946
THE chief may expend moneys from the defaulted areas fund 4,949
to pay necessary administrative costs, including engineering and 4,950
design services, incurred by the division in reclaiming these 4,951
areas. EXPENDITURES FROM THE FUND TO PAY SUCH ADMINISTRATIVE 4,952
COSTS NEED NOT BE MADE UNDER CONTRACT. 4,953
AS MONEYS ARE SPENT FROM THE FUND, THE DIRECTOR OF BUDGET 4,956
AND MANAGEMENT, UPON THE CERTIFICATION OF THE CHIEF, SHALL 4,957
TRANSFER ADDITIONAL MONEYS FROM THE UNRECLAIMED LANDS FUND
CREATED IN SECTION 1513.30 OF THE REVISED CODE THAT THE CHIEF 4,960
REQUESTS, PROVIDED THAT THE DIRECTOR SHALL NOT TRANSFER MORE THAN 4,961
ONE MILLION DOLLARS FROM THE UNRECLAIMED LANDS FUND TO THE 4,962
RECLAMATION SUPPLEMENTAL FORFEITURE FUND DURING ANY FISCAL YEAR. 4,964
117
(C) Except when paying necessary administrative costs 4,966
authorized by division (B) of this section, expenditures from 4,967
either fund shall be made under contracts entered into by the 4,968
chief, with the approval of the director of natural resources, in 4,969
accordance with procedures established by the chief, by rules 4,970
adopted in accordance with section 1513.02 of the Revised Code. 4,971
The chief may reclaim the land in the same manner as set forth in 4,972
sections 1513.21 to 1513.24 of the Revised Code. Each contract 4,973
awarded by the chief shall be awarded to the lowest responsive 4,974
and responsible bidder, in accordance with section 9.312 of the 4,975
Revised Code, after sealed bids are received, opened, and 4,976
published at the time and place fixed by the chief. The chief 4,977
shall publish notice of the time and place at which bids will be 4,978
received, opened, and published, at least once and at least ten 4,979
days before the date of the opening of the bids, in a newspaper 4,980
of general circulation in the county in which the area of land to 4,981
be reclaimed under the contract is located. If, after 4,982
advertising, no bids are received by the chief at the time and 4,983
place fixed for receiving them, the chief may advertise again for 4,984
bids, or, if he THE CHIEF considers the public interest will best 4,986
be served, he THE CHIEF may enter into a contract for the 4,987
reclamation of the area of land without further advertisement for 4,989
bids. The chief may reject any or all bids received and again 4,990
publish notice of the time and place at which bids for contracts 4,991
will be received, opened, and published. The chief, with the 4,992
approval of the director, may enter into a contract with the 4,993
landowner, a coal mine operator or surface mine operator mining 4,994
under a current, valid permit issued under this chapter or 4,995
Chapter 1514. of the Revised Code, or a contractor hired by the 4,997
surety to complete reclamation to carry out reclamation on land 4,998
affected by coal mining on which an operator has defaulted
without advertising for bids. 4,999
(D) There is hereby created the reclamation supplemental 5,001
forfeiture fund in the state treasury, to be used by the chief to 5,003
118
reclaim areas that any operator has affected by mining and failed 5,004
to reclaim under a coal mining and reclamation permit issued on 5,006
or after September 1, 1981. The chief's priority for management 5,007
of the fund, including the selection of projects and transfer of
moneys, shall be to ensure that sufficient moneys are available 5,008
for reclamation of such areas. 5,009
The chief may expend moneys from the fund to pay necessary 5,011
administrative costs, including engineering and design services, 5,012
incurred by the division in reclaiming these areas. Expenditures 5,013
from the fund to pay such administrative costs need not be made 5,014
under contract. As moneys are spent from the fund, the director 5,015
of budget and management, upon the certification of the chief,
shall transfer such additional moneys from the unreclaimed lands 5,016
fund created in section 1513.30 of the Revised Code as are needed 5,017
to keep the balance of the reclamation supplemental forfeiture 5,018
fund at two million dollars, provided that the director shall not 5,019
transfer more than one million dollars to that fund during any 5,020
fiscal year.
(E) If the amount of money credited to the reclamation 5,022
forfeiture fund from the forfeiture of the bond applicable to the 5,023
area of land is not sufficient to pay the cost of doing all of 5,024
the reclamation work on land that the operator should have done, 5,025
but failed to do under a coal mining and reclamation permit 5,026
issued on or after September 1, 1981, the chief may expend from 5,027
THE MONEYS CREDITED TO the reclamation supplemental forfeiture 5,028
fund created in this UNDER section 5749.02 OF THE REVISED CODE OR 5,032
TRANSFERRED TO THE FUND UNDER DIVISION (B) OF THIS SECTION OR 5,034
UNDER SECTION 1513.181 OF THE REVISED CODE the amount of money 5,037
necessary to complete the reclamation work to the standards 5,038
required by this chapter. 5,039
(F) If the amount of money credited to the defaulted areas 5,041
fund from the forfeiture of the bond applicable to the area of 5,042
land is not sufficient to pay the cost of doing all of the 5,043
reclamation work on land that the operator should have done, but 5,044
119
failed to do under a permit issued under this chapter after April 5,045
10, 1972, but before September 1, 1981, the chief may expend the 5,046
additional amount of money necessary to complete the reclamation 5,047
work to the standards required by this chapter from moneys 5,048
credited to the fund under Chapter 5749. of the Revised Code or 5,049
transferred to the fund under section 1513.181 of the Revised 5,050
Code. 5,051
(G)(E) The chief shall keep a detailed accounting of the 5,053
expenditures from the reclamation supplemental forfeiture fund 5,054
and of the additional expenditures from the defaulted areas fund 5,055
to complete reclamation of the land and, upon completion of the 5,056
reclamation, shall certify the expenditures to the attorney 5,057
general. Upon the chief's certification of the expenditures from 5,058
the reclamation supplemental forfeiture fund or the additional 5,059
expenditures from the defaulted areas fund, the attorney general 5,060
shall bring an action for that amount of money. The operator is 5,061
liable for such THAT expense in addition to any other liabilities 5,063
imposed by law. Moneys so recovered shall be credited to the 5,064
reclamation supplemental forfeiture fund or the defaulted areas 5,065
fund, as appropriate. The chief shall not postpone the 5,066
reclamation because of any action brought by the attorney general 5,067
under this division. Prior to completing reclamation, the chief 5,068
may collect through the attorney general any additional amount 5,069
that the chief believes will be necessary for reclamation in 5,070
excess of the forfeited bond amount applicable to the land that 5,071
the operator should have, but failed to, reclaim. 5,072
(H)(F) If any part of the moneys in the reclamation 5,074
forfeiture fund remains in the fund after the chief has caused 5,076
the area of land to be reclaimed and has paid all the reclamation 5,077
costs and expenses, the chief may expend those moneys to complete 5,078
other reclamation work performed under this section on forfeiture 5,079
areas affected under a coal mining and reclamation permit issued 5,080
on or after September 1, 1981. 5,081
(I) If any part of the moneys in the defaulted areas fund 5,083
120
remains in the fund after the chief has caused the area of land 5,085
to be reclaimed and has paid all the reclamation costs and 5,086
expenses, the chief may expend those moneys to complete other 5,087
reclamation work performed under this section on forfeiture areas 5,088
affected under a coal mining and reclamation permit issued after
April 10, 1972, but before September 1, 1981. 5,089
(J)(G) The chief shall require every contractor performing 5,091
reclamation work pursuant to this section to pay workers at the 5,092
greater of their regular rate of pay, as established by contract, 5,093
agreement, or prior custom or practice, or the average wage rate 5,094
paid in this state for the same or similar work as determined by 5,095
the chief under section 1513.02 of the Revised Code. 5,096
Sec. 1513.181. There is hereby created in the state 5,105
treasury the coal mining administration and reclamation reserve 5,106
fund. The fund shall be used for the administration and 5,107
enforcement of this chapter. The chief of the division of mines 5,109
and reclamation shall expend the balance of moneys paid into the
fund in accordance with MAY TRANSFER NOT MORE THAN ONE MILLION 5,111
DOLLARS ANNUALLY FROM THE FUND TO THE RECLAMATION SUPPLEMENTAL 5,112
FORFEITURE FUND CREATED IN section 1513.18 of the Revised Code to 5,114
complete reclamation of lands affected by coal mining under a 5,115
permit issued under this chapter after April 10, 1972, but before 5,116
September 1, 1981, OR BY SURFACE MINING UNDER A SURFACE MINING 5,117
PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE, that the 5,118
operator failed to reclaim and for which the operator's bond is 5,121
insufficient to complete the reclamation. Within ten days before 5,122
or after the beginning of each calendar quarter, the chief shall 5,123
certify to the director of budget and management the amount of 5,124
money needed to perform such reclamation during the quarter for 5,125
transfer from the coal mining administration and reclamation 5,126
reserve fund to the defaulted areas RECLAMATION SUPPLEMENTAL 5,127
FORFEITURE fund created in division (B) of section 1513.18 of the 5,128
Revised Code. The total amount of such transfers during a fiscal 5,129
year shall not exceed the amount of moneys paid into the coal 5,130
121
mining administration and reclamation reserve fund not used for 5,131
administration and enforcement of this chapter. 5,132
Fines collected under division (F) of section 1513.02 and 5,134
section 1513.99 of the Revised Code, and fines collected for a 5,135
violation of section 2921.31 of the Revised Code that, prior to 5,136
the effective date of this amendment JULY 1, 1996, would have 5,137
been a violation of division (G) of section 1513.17 of the 5,138
Revised Code as it existed prior to that date, shall be paid into 5,139
the coal mining administration and reclamation reserve fund. 5,140
Sec. 1513.20. The chief of the division of mines and 5,149
reclamation, with the approval of the director of natural 5,151
resources, may purchase or acquire by gift, donation, or 5,152
contribution any eroded land, including land affected by strip
mining, for which no cash is held in the strip mining reclamation 5,153
FORFEITURE fund created by section 1513.18 of the Revised Code. 5,155
For this purpose the chief may expend moneys deposited in the 5,156
unreclaimed lands fund created by section 1513.30 of the Revised 5,157
Code. All lands purchased or acquired shall be deeded to the
state, but no deed shall be accepted or the purchase price paid 5,158
until the title has been approved by the attorney general. 5,159
Sec. 1513.30. There is hereby created in the state 5,168
treasury the unreclaimed lands fund, to be administered by the 5,169
chief of the division of mines and reclamation and used for the 5,170
purpose of reclaiming land, public or private land, affected by 5,171
mining or controlling mine drainage, for which no cash is held in 5,172
the strip mining reclamation FORFEITURE fund created in section 5,173
1513.18 of the Revised Code or the surface mining reclamation 5,175
fund created in section 1514.06 of the Revised Code, and also for 5,176
the purpose of paying the expenses and compensation of the 5,177
council on unreclaimed strip mined lands as required by section 5,178
1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 5,180
fund toward reclamation projects that fulfill priority needs and 5,181
provide the greatest public benefits, the chief shall 5,182
122
periodically SHALL submit to the council project proposals to be 5,184
financed from the unreclaimed lands fund, together with benefit 5,185
and cost data and other pertinent information. For the purpose 5,186
of selecting project areas and determining the boundaries of 5,187
project areas, the council shall consider the feasibility, cost, 5,188
and public benefits of reclaiming the areas, their potential for 5,189
being mined, the availability of federal or other financial 5,190
assistance for reclamation, and the geographic distribution of 5,191
project areas to ensure fair distribution among affected areas. 5,192
The council shall give priority to areas where there is 5,194
little or no likelihood that the area will be mined OF MINING 5,195
within the foreseeable future, reclamation is feasible at 5,197
reasonable cost with available funds, and either of the following 5,198
applies:
(A) The pollution of the waters of the state and damage to 5,200
adjacent property are most severe and widespread.; 5,201
(B) Reclamation will make possible public uses for soil, 5,203
water, forest, or wildlife conservation or public recreation 5,204
purposes, will facilitate orderly commercial or industrial site 5,205
development, or will facilitate the use or improve the enjoyment 5,206
of nearby public conservation or recreation lands. 5,207
At least two weeks before any meeting of the council on 5,209
unreclaimed strip mined lands at which the chief will submit a 5,210
project proposal, a project area will be selected, or the 5,211
boundaries of a project area will be determined, the chief shall 5,212
mail notice by first class mail to the board of county 5,213
commissioners of the county and the board of township trustees of 5,214
the township in which the proposed project lies and the chief 5,215
executive and the legislative authority of each municipal 5,216
corporation within the proposed project area. The chief also 5,218
shall give reasonable notice to the news media in the county
where the proposed project lies. 5,219
Expenditures from the unreclaimed lands fund for 5,221
reclamation projects may be made only for projects that are 5,222
123
within the boundaries of project areas approved by the council, 5,223
and expenditures for a particular project may not exceed any 5,224
applicable limits set by the council. Expenditures from the 5,225
unreclaimed lands fund shall be made by the chief, with the 5,226
approval of the director of natural resources. 5,227
The controlling board may transfer excess funds from the 5,229
oil and gas well plugging fund, after recommendation by the 5,230
council on unreclaimed strip mined lands, to meet deficiencies in 5,231
the unreclaimed lands fund. 5,232
The chief may expend an amount not to exceed twenty per 5,234
cent of the moneys credited annually by the treasurer of state to 5,235
the unreclaimed lands fund for the purpose of administering the 5,236
unreclaimed lands fund. 5,237
THE CHIEF MAY ENGAGE IN COOPERATIVE PROJECTS UNDER THIS 5,239
SECTION WITH ANY AGENCY OF THE UNITED STATES, APPROPRIATE STATE 5,240
AGENCIES, OR STATE UNIVERSITIES OR COLLEGES AS DEFINED IN SECTION 5,241
3345.27 OF THE REVISED CODE AND MAY TRANSFER MONEY FROM THE FUND, 5,242
WITH THE APPROVAL OF THE COUNCIL, TO OTHER APPROPRIATE STATE 5,243
AGENCIES OR TO STATE UNIVERSITIES OR COLLEGES IN ORDER TO CARRY 5,244
OUT THE RECLAMATION ACTIVITIES AUTHORIZED BY THIS SECTION.
Sec. 1513.37. (A) There is hereby created in the state 5,253
treasury the abandoned mine reclamation fund, which shall be 5,254
administered by the chief of the division of mines and 5,255
reclamation. The fund shall consist of grants from the United 5,256
States secretary of the interior out of FROM the federal 5,257
abandoned mine reclamation fund established by Title IV of the 5,259
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 5,260
445, 30 U.S.C.A. 1201, regulations adopted thereunder UNDER IT, 5,261
and amendments thereto TO THE ACT AND REGULATIONS. Expenditures 5,263
from the abandoned mine reclamation fund shall be made by the 5,264
chief for the following purposes:
(1) Reclamation and restoration of land and water 5,266
resources adversely affected by past coal mining, including, but 5,267
not limited to, reclamation and restoration of abandoned strip 5,268
124
mine areas, abandoned coal processing areas, and abandoned coal 5,269
refuse disposal areas; sealing and filling of abandoned deep mine 5,270
entries and voids; planting of land adversely affected by past 5,271
coal mining; prevention of erosion and sedimentation; prevention, 5,272
abatement, treatment, and control of water pollution created by 5,273
coal mine drainage, including restoration of streambeds and 5,274
construction and operation of water treatment plants; prevention, 5,275
abatement, and control of burning coal refuse disposal areas and 5,276
burning coal in situ; and prevention, abatement, and control of 5,277
coal mine subsidence; 5,278
(2) Acquisition and filling of voids and sealing of 5,280
tunnels, shafts, and entryways of non-coal lands; 5,281
(3) Acquisition of land as provided for in this section; 5,283
(4) Administrative expenses incurred in accomplishing the 5,285
purposes of this section; 5,286
(5) All other necessary expenses to accomplish the 5,288
purposes of this section. 5,289
(B) Expenditures of moneys from the fund on land and water 5,291
eligible pursuant to division (C) of this section shall reflect 5,292
the following priorities in the order stated: 5,293
(1) The protection of public health, safety, general 5,295
welfare, and property from extreme danger of adverse effects of 5,296
coal mining practices; 5,297
(2) The protection of public health, safety, and general 5,299
welfare from adverse effects of coal mining practices; 5,300
(3) The restoration of land and water resources and the 5,302
environment previously degraded by adverse effects of coal mining 5,303
practices, including measures for the conservation and 5,304
development of soil and water (excluding channelization), 5,305
woodland, fish and wildlife, recreation resources, and 5,306
agricultural productivity; 5,307
(4) Research and demonstration projects relating to the 5,309
development of coal mining reclamation and water quality control 5,310
program methods and techniques; 5,311
125
(5) The protection, repair, replacement, construction, or 5,313
enhancement of public facilities such as utilities, roads, 5,314
recreation facilities, and conservation facilities adversely 5,315
affected by coal mining practices; 5,316
(6) The development of publicly owned land adversely 5,318
affected by coal mining practices, including land acquired as 5,319
provided in this section for recreation and historic purposes, 5,320
conservation and reclamation purposes, and open space benefits. 5,321
(C)(1) Lands and water eligible for reclamation or 5,323
drainage abatement expenditures under this section are those that 5,324
were mined for coal or were affected by such mining, wastebanks, 5,325
coal processing, or other coal mining processes and that meet one 5,326
of the following criteria: 5,327
(a) Are lands that were and abandoned or left in an 5,330
inadequate reclamation status prior to August 3, 1977, and for 5,331
which there is no continuing reclamation responsibility under
state or federal laws; 5,332
(b) Are lands for which the chief finds that surface coal 5,334
mining operations occurred at any time between August 4, 1977, 5,335
and August 16, 1982, and that any moneys for reclamation or 5,336
abatement that are available pursuant to a bond or other form of 5,337
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 5,338
(c) Are lands for which the chief finds that surface coal 5,340
mining operations occurred at any time between August 4, 1977, 5,341
and November 5, 1990, that the surety of the mining operator 5,342
became insolvent during that time, and that, as of November 5, 5,343
1990, any moneys immediately available from proceedings relating 5,344
to that insolvency or from any financial guarantee or other 5,345
source are not sufficient to provide for adequate reclamation or 5,346
abatement at the site.
(2) In determining which sites to reclaim pursuant to 5,348
divisions (C)(1)(b) and (c) of this section, the chief shall 5,349
follow the priorities stated in divisions (B)(1) and (2) of this 5,350
126
section and shall ensure that priority is given to those sites 5,351
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 5,352
(3) Surface coal mining operations on lands eligible for 5,354
remining shall not affect the eligibility of those lands for 5,355
reclamation and restoration under this section after the release 5,356
of the bond for any such operation as provided under division (F) 5,357
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 5,358
forfeited, moneys available under this section may be used if the 5,359
amount of the bond is not sufficient to provide for adequate 5,360
reclamation or abatement, except that if conditions warrant, the 5,361
chief immediately shall exercise the authority granted under 5,362
division (L) of this section.
(D) The chief may submit to the secretary of the interior 5,364
a state reclamation plan and annual projects to carry out the 5,365
purposes of this section. 5,366
(1) The reclamation plan generally shall identify the 5,368
areas to be reclaimed, the purposes for which the reclamation is 5,369
proposed, the relationship of the lands to be reclaimed and the 5,370
proposed reclamation to surrounding areas, the specific criteria 5,371
for ranking and identifying projects to be funded, and the legal 5,372
authority and programmatic capability to perform such THE work in 5,374
accordance with this section. 5,375
(2) On an annual basis, the chief may submit to the 5,377
secretary an application for support of the abandoned mine 5,378
reclamation fund and implementation of specific reclamation 5,379
projects. The annual requests shall include such information as 5,380
may be requested by the secretary. 5,381
Before submitting an annual application to the secretary, 5,383
the chief first shall submit it to the council on unreclaimed 5,385
strip mined lands for review and approval by the council. The 5,386
chief shall not submit such an application to the secretary until 5,388
it has been approved by the council. The chief shall submit 5,389
127
applications for administrative costs, imminent hazards, or 5,390
emergency projects to the council for review. 5,391
(3) The costs for each proposed project under this section 5,393
shall include actual construction costs, actual operation and 5,394
maintenance costs of permanent facilities, planning and 5,395
engineering costs, construction inspection costs, and other 5,396
necessary administrative expenses. 5,397
(4) Before making any expenditure of funds from the fund 5,399
to implement any specific reclamation project under this section, 5,400
the chief first shall submit to the council a project proposal 5,402
and any other pertinent information regarding the project 5,403
requested by the council for review and approval of the specific 5,404
project by the council. 5,406
(5) The chief may submit such annual and other reports 5,408
required by the secretary when funds are provided by the 5,409
secretary under Title IV of the "Surface Mining Control and 5,410
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201, 5,411
regulations adopted thereunder UNDER IT, and amendments thereto 5,413
TO THE ACT AND REGULATIONS.
(E) There is hereby created in the state treasury the acid 5,415
mine drainage abatement and treatment fund, which shall be 5,416
administered by the chief. The fund shall consist of grants from 5,417
the United States secretary of the interior out of FROM the 5,418
federal abandoned mine reclamation fund pursuant to section 5,419
402(g)(6) of Title IV of the "Surface Mining Control and 5,420
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201. All 5,421
investment earnings of the fund shall be credited to the fund. 5,422
The chief shall make expenditures from the fund, in 5,424
consultation with the United States department of agriculture, 5,425
soil conservation service, to implement acid mine drainage 5,426
abatement and treatment plans approved by the United States 5,427
secretary of the interior. The plans shall provide for the 5,428
comprehensive abatement of the causes and treatment of the 5,429
effects of acid mine drainage within qualified hydrologic units 5,430
128
affected by coal mining practices and shall include at least all 5,431
of the following:
(1) An identification of the qualified hydrologic unit. 5,433
As used in division (E) of this section, "qualified hydrologic 5,434
unit" means a hydrologic unit that meets all of the following 5,435
criteria:
(a) The water quality in the unit has been significantly 5,437
affected by acid mine drainage from coal mining practices in a 5,438
manner that has an adverse impact on biological resources; 5,439
(b) The unit contains lands and waters that meet the 5,441
eligibility requirements established under division (C) of this 5,442
section and any of the priorities established in divisions (B)(1) 5,443
to (3) of this section;
(c) The unit contains lands and waters that are proposed 5,445
to be the subject of expenditures from the reclamation forfeiture 5,446
fund created in section 1513.18 of the Revised Code, the 5,447
defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund created 5,448
in that section, or the unreclaimed lands fund created in section 5,449
1513.30 of the Revised Code.
(2) The extent to which acid mine drainage is affecting 5,451
the water quality and biological resources within the hydrologic 5,452
unit;
(3) An identification of the sources of acid mine drainage 5,454
within the hydrologic unit; 5,455
(4) An identification of individual projects and the 5,457
measures proposed to be undertaken to abate and treat the causes 5,458
or effects of acid mine drainage within the hydrologic unit; 5,459
(5) The cost of undertaking the proposed abatement and 5,461
treatment measures;
(6) An identification of existing and proposed sources of 5,463
funding for those measures; 5,464
(7) An analysis of the cost-effectiveness and 5,466
environmental benefits of abatement and treatment measures. 5,467
(F)(1) If the chief makes a finding of fact that land or 5,469
129
water resources have been adversely affected by past coal mining 5,470
practices; the adverse effects are at a stage where, in the 5,471
public interest, action to restore, reclaim, abate, control, or 5,472
prevent the adverse effects should be taken; the owners of the 5,473
land or water resources where entry must be made to restore, 5,474
reclaim, abate, control, or prevent the adverse effects of past 5,475
coal mining practices are not known or are not readily available; 5,476
or the owners will not give permission for the state, political 5,477
subdivisions, or their agents, employees, or contractors to enter 5,478
upon the property to restore, reclaim, abate, control, or prevent 5,479
the adverse effects of past coal mining practices; then, upon 5,480
giving notice by mail to the owners, if known, or, if not known, 5,481
by posting notice upon the premises and advertising once in a 5,482
newspaper of general circulation in the municipal corporation or 5,483
county in which the land lies, the chief or the chief's agents, 5,485
employees, or contractors may enter upon the property adversely 5,486
affected by past coal mining practices and any other property to 5,487
have access to the property to do all things necessary or 5,488
expedient to restore, reclaim, abate, control, or prevent the 5,489
adverse effects. The entry shall be construed as an exercise of 5,490
the police power for the protection of the public health, safety, 5,491
and general welfare and shall not be construed as an act of 5,492
condemnation of property nor of trespass thereon ON IT. The 5,493
moneys expended for the work and the benefits accruing to any 5,495
such premises so entered upon shall be chargeable against the 5,496
land and shall mitigate or offset any claim in or any action 5,497
brought by any owner of any interest in the premises for any 5,498
alleged damages by virtue of the entry, but this provision is not 5,499
intended to create new rights of action or eliminate existing 5,500
immunities.
(2) The chief or the chief's authorized representatives 5,502
may enter upon any property for the purpose of conducting studies 5,504
or exploratory work to determine the existence of adverse effects 5,505
of past coal mining practices and to determine the feasibility of 5,506
130
restoration, reclamation, abatement, control, or prevention of 5,507
such adverse effects. The entry shall be construed as an 5,508
exercise of the police power for the protection of the public 5,509
health, safety, and general welfare and shall not be construed as 5,510
an act of condemnation of property nor trespass thereon ON IT. 5,511
(3) The chief may acquire any land by purchase, donation, 5,513
or condemnation that is adversely affected by past coal mining 5,514
practices if the chief determines that acquisition of the land is 5,515
necessary to successful reclamation and that all of the following 5,516
apply:
(a) The acquired land, after restoration, reclamation, 5,518
abatement, control, or prevention of the adverse effects of past 5,519
coal mining practices, will serve recreation and historic 5,520
purposes, serve conservation and reclamation purposes, or provide 5,521
open space benefits; 5,522
(b) Permanent facilities such as a treatment plant or a 5,524
relocated stream channel will be constructed on the land for the 5,525
restoration, reclamation, abatement, control, or prevention of 5,526
the adverse effects of past coal mining practices; 5,527
(c) Acquisition of coal refuse disposal sites and all coal 5,529
refuse thereon will serve the purposes of this section or that 5,530
public ownership is desirable to meet emergency situations and 5,531
prevent recurrences of the adverse effects of past coal mining 5,532
practices. 5,533
(4)(a) Title to all lands acquired pursuant to this 5,535
section shall be in the name of the state. The price paid for 5,536
land acquired under this section shall reflect the market value 5,537
of the land as adversely affected by past coal mining practices. 5,538
(b) The chief may receive grants on a matching basis from 5,540
the secretary of the interior for the purpose of carrying out 5,541
this section. 5,542
(5)(a) Where land acquired pursuant to this section is 5,544
considered to be suitable for industrial, commercial, 5,545
residential, or recreational development, the chief may sell the 5,546
131
land by public sale under a system of competitive bidding at not 5,547
less than fair market value and under such other requirements 5,548
imposed by rule to ensure that the lands are put to proper use 5,549
consistent with local and state land use plans, if any, as 5,550
determined by the chief. 5,551
(b) The chief, when requested, and after appropriate 5,553
public notice, shall hold a public meeting in the county, 5,554
counties, or other appropriate political subdivisions of the 5,555
state in which lands acquired pursuant to this section are 5,556
located. The meetings shall be held at a time which THAT shall 5,557
afford local citizens and governments the maximum opportunity to 5,559
participate in the decision concerning the use or disposition of 5,560
the lands after restoration, reclamation, abatement, control, or 5,561
prevention of the adverse effects of past coal mining practices. 5,562
(6) In addition to the authority to acquire land under 5,564
division (F)(3) of this section, the chief may use money in the 5,565
fund to acquire land by purchase, donation, or condemnation, and 5,566
to reclaim and transfer acquired land to a political subdivision, 5,567
or to any person, if the chief determines that it is an integral 5,569
and necessary element of an economically feasible plan for the 5,570
construction or rehabilitation of housing for persons disabled as 5,571
the result of employment in the mines or work incidental thereto 5,572
TO THAT EMPLOYMENT, persons displaced by acquisition of land 5,573
pursuant to this section, persons dislocated as the result of 5,574
adverse effects of coal mining practices that constitute an 5,575
emergency as provided in the "Surface Mining Control and 5,576
Reclamation Act of 1977," 91 Stat. 466, 30 U.S.C.A. 1240, or 5,577
amendments thereto TO IT, or persons dislocated as the result of 5,579
natural disasters or catastrophic failures from any cause. Such 5,580
activities shall be accomplished under such terms and conditions 5,581
as the chief requires, which may include transfers of land with 5,582
or without monetary consideration, except that to the extent that 5,583
the consideration is below the fair market value of the land 5,584
transferred, no portion of the difference between the fair market 5,585
132
value and the consideration shall accrue as a profit to those 5,586
persons. No part of the funds provided under this section may be 5,587
used to pay the actual construction costs of housing. The chief 5,588
may carry out the purposes of this division (F)(6) OF THIS 5,589
SECTION directly or by making grants and commitments for grants, 5,591
and may advance money under such terms and conditions as the 5,592
chief may require to any agency or instrumentality of the state 5,594
or any public body or nonprofit organization designated by the 5,595
chief.
(G)(1) Within six months after the completion of projects 5,597
to restore, reclaim, abate, control, or prevent adverse effects 5,598
of past coal mining practices on privately owned land, the chief 5,599
shall itemize the moneys so expended and may file a statement 5,600
thereof OF THE EXPENDITURES in the office of the county recorder 5,601
of the county in which the land lies, together with a notarized 5,603
appraisal by an independent appraiser of the value of the land 5,604
before the restoration, reclamation, abatement, control, or 5,605
prevention of adverse effects of past coal mining practices if 5,606
the moneys so expended result in a significant increase in 5,607
property value. The statement shall constitute a lien upon the 5,608
land as of the date of the expenditures of the moneys and shall 5,609
have priority as a lien second only to the lien of real property 5,610
taxes imposed upon the land. The lien shall not exceed the 5,611
amount determined by the appraisal to be the increase in the FAIR 5,612
market value of the land as a result of the restoration, 5,613
reclamation, abatement, control, or prevention of the adverse 5,614
effects of past coal mining practices. No lien shall be filed 5,615
under this division (G) OF THIS SECTION against the property of 5,617
any person who owned the surface prior to May 2, 1977, and did
not consent to, participate in, or exercise control over the 5,618
mining operation that necessitated the reclamation performed. 5,619
(2) The landowner may petition, within sixty days after 5,621
the filing of the lien, to determine the increase in the FAIR 5,622
market value of the land as a result of the restoration, 5,623
133
reclamation, abatement, control, or prevention of the adverse 5,624
effects of past coal mining practices. The amount reported to be 5,625
the increase in value of the premises shall constitute the amount 5,626
of the lien and shall be recorded with the statement provided in 5,627
this section. Any party aggrieved by the decision may appeal as 5,628
provided by state law. 5,629
(3) The lien provided in this division (G) OF THIS SECTION 5,632
shall be recorded and indexed, under the name of the state and 5,633
the landowner, in a lien index in the office of the county 5,634
recorder of the county in which the land lies. The county 5,635
recorder shall impose no charge for the recording or indexing of 5,636
the lien. If the land is registered, the county recorder shall 5,637
make a notation and enter a memorial of the lien upon the page of 5,638
the register in which the last certificate of title to the land 5,639
is registered, stating the name of the claimant, amount claimed, 5,640
volume and page of the record where recorded, and exact time the 5,641
memorial was entered.
(4) The lien shall continue in force so long as any 5,643
portion of the amount of the lien remains unpaid. If the lien 5,644
remains unpaid at the time of conveyance of the land on which the 5,645
lien was placed, the conveyance may be set aside. Upon repayment 5,646
in full of the moneys expended under this section, the chief 5,648
promptly shall issue a certificate of release of the lien. Upon 5,649
presentation of the certificate of release, the county recorder 5,650
of the county in which the lien is recorded shall record the lien 5,651
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 5,653
upon the substantial failure of a landowner to pay any portion of 5,654
the amount of the lien. Before foreclosing any lien under this 5,655
section, the chief shall make a written demand upon the landowner 5,656
for payment. If the landowner does not pay the amount due within 5,657
sixty days, the chief shall refer the matter to the attorney 5,658
general, who shall institute a civil action to foreclose the
lien.
134
(H)(1) The chief may fill such voids, seal such abandoned 5,660
tunnels, shafts, and entryways, and reclaim surface impacts of 5,661
underground or strip mines that the chief determines could 5,662
endanger life and property, constitute a hazard to the public 5,664
health and safety, or degrade the environment. 5,665
(2) In those instances where mine waste piles are being 5,667
reworked for conservation purposes, the incremental costs of 5,668
disposing of the wastes from those operations by filling voids 5,669
and sealing tunnels may be eligible for funding, provided that 5,670
the disposal of these wastes meets the purposes of this section. 5,671
(3) The chief may acquire by purchase, donation, easement, 5,673
or otherwise such interest in land as the chief determines 5,674
necessary to carry out this division (H) OF THIS SECTION. 5,676
(I) Not later than January 1, 1978, and annually 5,678
thereafter, the THE chief shall report ANNUALLY to the secretary 5,680
of the interior on operations under the fund and include 5,681
recommendations as to its future uses. 5,682
(J)(1) The chief may engage in any work and do all things 5,684
necessary or expedient, including the adoption of rules, to 5,685
implement and administer this section. 5,686
(2) The chief may engage in cooperative projects under 5,688
this section with any agency of the United States, any other 5,689
state, or their governmental agencies OR WITH ANY STATE 5,690
UNIVERSITY OR COLLEGE AS DEFINED IN SECTION 3345.27 OF THE 5,691
REVISED CODE.
(3) The chief may request the attorney general to initiate 5,693
in any court of competent jurisdiction an action in equity for an 5,694
injunction to restrain any interference with the exercise of the 5,695
right to enter or to conduct any work provided in this section, 5,696
which remedy is in addition to any other remedy available under 5,697
this section. 5,698
(4) The chief may construct or operate a plant or plants 5,700
for the control and treatment of water pollution resulting from 5,701
mine drainage. The extent of this control and treatment may be 5,702
135
dependent upon the ultimate use of the water. Division (J)(4) of 5,703
this section does not repeal or supersede any portion of the 5,704
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 5,705
U.S.C.A. 1151, as amended, and no control or treatment under 5,706
division (J)(4) of this section, in any way, shall be less than 5,707
that required by that act. The construction of a plant or plants 5,708
may include major interceptors and other facilities appurtenant 5,709
to the plant. 5,710
(5) The chief may transfer money from the fund to other 5,712
appropriate state agencies OR TO STATE UNIVERSITIES OR COLLEGES 5,713
in order to carry out the reclamation activities authorized by 5,715
this section.
(K) The chief may contract for any part of work to be 5,717
performed under this section, with or without advertising for 5,718
bids, if the chief determines that a condition exists that could 5,720
reasonably be expected to cause substantial physical harm to 5,721
persons, property, or the environment and to which persons or 5,722
improvements on real property are currently exposed. 5,723
The chief shall require every contractor performing 5,725
reclamation work under this section to pay its workers at the 5,726
greater of their regular rate of pay, as established by contract, 5,727
agreement, or prior custom or practice, or the average wage rate 5,728
paid in this state for the same or similar work as determined by 5,729
the chief under section 1513.02 of the Revised Code. 5,730
(L)(1) The chief may contract for the emergency 5,732
restoration, reclamation, abatement, control, or prevention of 5,733
adverse effects of mining practices on eligible lands if the 5,734
chief determines that an emergency exists constituting a danger 5,735
to the public health, safety, or welfare and that no other person 5,736
or agency will act expeditiously to restore, reclaim, abate, 5,737
control, or prevent those adverse effects. The chief may enter 5,738
into a contract for emergency work under this division (L) OF 5,739
THIS SECTION without advertising for bids. Any such contract or 5,740
any purchase of materials for emergency work under this division 5,741
136
(L) OF THIS SECTION is not subject to division (B) of section 5,743
127.16 of the Revised Code.
(2) The chief or the chief's agents, employees, or 5,745
contractors may enter on any land where such an emergency exists, 5,747
and on other land in order to have access to that land, in order 5,748
to restore, reclaim, abate, control, or prevent the adverse 5,749
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 5,750
an entry shall be construed as an exercise of the police power 5,751
and shall not be construed as an act of condemnation of property 5,752
or of trespass. The moneys expended for the work and the 5,753
benefits accruing to any premises so entered upon shall be 5,754
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 5,755
the premises for any alleged damages by virtue of the entry. 5,757
This provision is not intended to create new rights of action or 5,758
eliminate existing immunities.
Sec. 1515.03. Each county shall have a soil and water 5,767
conservation district coextensive with the geographic area of the 5,768
county, and each district shall constitute a political 5,769
subdivision of this state. On May 2, 1980, each existing 5,770
district created pursuant to former section 1515.03 of the
Revised Code shall include the entire county in which it is 5,771
located.
A municipal corporation may remove itself from or reinstate 5,773
itself in the territory of a soil and water conservation district 5,774
by filing a resolution of its legislative authority with the soil 5,775
and water conservation commission at least sixty days before the 5,776
effective date of the removal or reinstatement. 5,777
Sec. 1515.08. The supervisors of a soil and water 5,787
conservation district have the following powers in addition to 5,788
their other powers: 5,789
(A) To conduct surveys, investigations, and research 5,791
relating to the character of soil erosion, floodwater and 5,792
137
sediment damages, and the preventive and control measures and 5,793
works of improvement for flood prevention and the conservation, 5,794
development, utilization, and disposal of water needed within the 5,795
district, and to publish the results of those surveys, 5,796
investigations, or research, provided that no district shall 5,797
initiate any research program except in cooperation or after 5,798
consultation with the Ohio agricultural research and development 5,799
center; 5,800
(B) To develop plans for the conservation of soil 5,802
resources, for the control and prevention of soil erosion, and 5,803
for works of improvement for flood prevention and the 5,804
conservation, development, utilization, and disposal of water 5,805
within the district, and to publish those plans and information; 5,806
(C) To implement, construct, repair, maintain, and operate 5,808
preventive and control measures and other works of improvement 5,809
for natural resource conservation and development and flood 5,810
prevention, and the conservation, development, utilization, and 5,811
disposal of water within the district on lands owned or 5,812
controlled by this state or any of its agencies and on any other 5,813
lands within the district, which works may include any facilities 5,814
authorized under state or federal programs, and to acquire, by 5,815
purchase or gift, to hold, encumber, or dispose of, and to lease 5,816
real and personal property or interests in such property for 5,817
those purposes; 5,818
(D) To cooperate or enter into agreements with any 5,820
occupier of lands within the district in the carrying on of 5,821
natural resource conservation operations and works of improvement 5,822
for flood prevention and the conservation, development, 5,823
utilization, and management of natural resources within the 5,824
district, subject to such conditions as the supervisors consider 5,825
necessary; 5,826
(E) To accept donations, gifts, grants, and contributions 5,828
in money, service, materials, or otherwise, and to use or expend 5,829
them according to their terms; 5,830
138
(F) To adopt, amend, and rescind rules to carry into 5,832
effect the purposes and powers of the district; 5,833
(G) To sue and plead in the name of the district, and be 5,835
sued and impleaded in the name of the district, with respect to 5,836
its contracts and, as indicated in section 1515.081 of the 5,837
Revised Code, certain torts of its officers, employees, or agents 5,838
acting within the scope of their employment or official 5,839
responsibilities, or with respect to the enforcement of its 5,840
obligations and covenants made under this chapter; 5,841
(H) To make and enter into all contracts, leases, and 5,843
agreements and execute all instruments necessary or incidental to 5,844
the performance of the duties and the execution of the powers of 5,845
the district under this chapter, provided that ALL OF THE 5,846
FOLLOWING APPLY: 5,847
(1) When EXCEPT AS PROVIDED IN SECTION 307.86 OF THE 5,849
REVISED CODE REGARDING EXPENDITURES BY BOARDS OF COUNTY 5,850
COMMISSIONERS, WHEN the cost under any such contract, lease, or 5,851
agreement, other than compensation for personal services or 5,852
rental of office space, involves an expenditure of more than ten 5,853
thousand dollars THE AMOUNT ESTABLISHED IN THAT SECTION REGARDING 5,854
EXPENDITURES BY BOARDS OF COUNTY COMMISSIONERS, the supervisors 5,855
shall make a written contract with the lowest and best bidder 5,857
after advertisement, for not less than two nor more than four 5,858
consecutive weeks preceding the day of the opening of bids, in a 5,859
newspaper of general circulation within the district and in such 5,860
other publications as the supervisors determine. The notice 5,861
shall state the general character of the work and materials to be 5,862
furnished, the place where plans and specifications may be 5,863
examined, and the time and place of receiving bids. 5,864
(2) Each bid for a contract shall contain the full name of 5,866
every person interested in it.; 5,867
(3) Each bid for a contract for the construction, 5,869
demolition, alteration, repair, or reconstruction of an 5,870
improvement shall meet the requirements of section 153.54 of the 5,871
139
Revised Code.; 5,872
(4) Each bid for a contract, other than a contract for the 5,874
construction, demolition, alteration, repair, or reconstruction 5,875
of an improvement, at the discretion of the supervisors, may be 5,876
accompanied by a bond or certified check on a solvent bank in an 5,877
amount not to exceed five per cent of the bid, conditioned that, 5,878
if the bid is accepted, a contract shall be entered into.; 5,879
(5) The supervisors may reject any and all bids. 5,881
(I) To make agreements with the department of natural 5,883
resources giving it control over lands of the district for the 5,884
purpose of construction of improvements by the department under 5,885
section 1501.011 of the Revised Code; 5,886
(J) To charge, alter, and collect rentals and other 5,888
charges for the use or services of any works of the district; 5,889
(K) To enter, either in person or by designated 5,891
representatives, upon lands, private or public, in the necessary 5,892
discharge of their duties; 5,893
(L) To enter into agreements or contracts with the 5,895
department for the determination, implementation, inspection, and 5,896
funding of agricultural pollution abatement and urban sediment 5,897
pollution abatement measures whereby landowners, operators, 5,898
managers, and developers may meet adopted state standards for a 5,899
quality environment, except that failure of a district board of 5,900
supervisors to negotiate an agreement or contract with the 5,901
department shall authorize the division of soil and water 5,902
conservation to implement the required program; 5,903
(M) To conduct demonstrations and provide information to 5,905
the public regarding practices and methods for natural resource 5,906
conservation, development, and utilization; 5,907
(N) Until June 1, 1996, to conduct surveys and 5,909
investigations relating to the incidence of the multiflora rose 5,910
within the district and of the nature and extent of the adverse 5,911
effects of the multiflora rose on agriculture, forestry, 5,912
recreation, and other beneficial land uses; 5,913
140
(O) Until June 1, 1996, to develop plans for the control 5,915
of the multiflora rose within the district and to publish those 5,916
plans and information related to control of the multiflora rose; 5,917
(P) Until June 1, 1996, to enter into contracts or 5,919
agreements with the chief of the division of soil and water 5,920
conservation to implement and administer a program for control of 5,921
the multiflora rose and to receive and expend funds provided by 5,922
the chief for that purpose; 5,923
(Q) Until June 1, 1996, to enter into cost-sharing 5,925
agreements with landowners for control of the multiflora rose. 5,926
Before entering into any such agreement, the board of supervisors 5,927
shall determine that the landowner's application meets the 5,928
eligibility criteria established under division (E)(6) of section 5,929
1511.02 of the Revised Code. The cost-sharing agreements shall 5,930
contain the contract provisions required by the rules adopted 5,931
under that division and such other provisions as the board of 5,932
supervisors considers appropriate to ensure effective control of 5,933
the multiflora rose. 5,934
(R) To enter into contracts or agreements with the chief 5,936
to implement and administer a program for urban sediment 5,937
pollution abatement and to receive and expend moneys provided by 5,938
the chief for that purpose; 5,939
(S) To develop operation and management plans, as defined 5,941
in section 1511.01 of the Revised Code, as necessary; 5,942
(T) To determine whether operation and management plans 5,944
developed under division (A) of section 1511.021 of the Revised 5,945
Code comply with the standards established under division (E)(1) 5,946
of section 1511.02 of the Revised Code and to approve or 5,947
disapprove the plans, based on such compliance. If an operation 5,948
and management plan is disapproved, the board shall provide a 5,949
written explanation to the person who submitted the plan. The 5,950
person may appeal the plan disapproval to the chief, who shall 5,951
afford the person a hearing. Following the hearing, the chief 5,952
shall uphold the plan disapproval or reverse it. If the chief 5,953
141
reverses the plan disapproval, the plan shall be deemed approved 5,954
under this division. In the event that any person operating or 5,955
owning agricultural land or a concentrated animal feeding 5,956
operation in accordance with an approved operation and management 5,957
plan who, in good faith, is following that plan, causes 5,958
agricultural pollution, the plan shall be revised in a fashion 5,959
necessary to mitigate the agricultural pollution, as determined 5,960
and approved by the board of supervisors of the soil and water 5,961
conservation district. 5,962
(T)(U) With regard to composting conducted in conjunction 5,964
with agricultural operations, to do all of the following: 5,965
(1) Upon request or upon their own initiative, inspect 5,967
composting at any such operation to determine whether the 5,968
composting is being conducted in accordance with section 1511.022 5,969
of the Revised Code; 5,970
(2) If the board determines that composting is not being 5,972
so conducted, request the chief to issue an order under division 5,973
(H) of section 1511.02 of the Revised Code requiring the person 5,974
who is conducting the composting to prepare a composting plan in 5,975
accordance with rules adopted under division (E)(10)(c) of that 5,976
section and to operate in accordance with that plan or to operate 5,977
in accordance with a previously prepared plan, as applicable; 5,978
(3) In accordance with rules adopted under division 5,980
(E)(10)(c) of section 1511.02 of the Revised Code, review and 5,981
approve or disapprove any such composting plan. If a plan is 5,982
disapproved, the board shall provide a written explanation to the 5,983
person who submitted the plan. 5,984
As used in division (T)(U) of this section, "composting" 5,986
has the same meaning as in section 1511.01 of the Revised Code. 5,987
(U)(V) To do all acts necessary or proper to carry out the 5,989
powers granted in this chapter. 5,990
The director of natural resources shall make 5,992
recommendations to reduce the adverse environmental effects of 5,993
each project that a soil and water conservation district plans to 5,994
142
undertake under division (A), (B), (C), or (D) of this section 5,995
and that will be funded in whole or in part by moneys authorized 5,996
under section 1515.16 of the Revised Code and shall disapprove 5,997
any such project which he THAT THE DIRECTOR finds will adversely 5,998
affect the environment without equal or greater benefit to the 6,000
public. The director's disapproval or recommendations, upon the 6,001
request of the district filed in accordance with rules adopted by 6,002
the Ohio soil and water conservation commission, shall be 6,003
reviewed by the commission, which may confirm the director's 6,004
decision, modify it, or add recommendations TO or approve a 6,005
project the director has disapproved. 6,006
Sec. 1515.24. Upon receipt of a certification made by the 6,015
supervisors of a soil and water conservation district pursuant to 6,016
section 1515.20 of the Revised Code, the board of county 6,017
commissioners may levy upon the property within the project area 6,018
an assessment at a uniform or varied rate based upon the benefit 6,019
to the area certified by the supervisors, as necessary to pay the 6,020
cost of construction of the improvement not otherwise funded and 6,021
to repay advances made for purposes of the improvement from the 6,022
fund created by section 1515.15 of the Revised Code. The board 6,023
of county commissioners shall direct the person or authority 6,024
preparing assessments to give primary consideration, in 6,025
determining a parcel's estimated assessments relating to the 6,026
disposal of water, to the potential increase in productivity that 6,027
the parcel may experience as a result of the improvement and also 6,028
to give consideration to the amount of water disposed of, the 6,029
location of the property relative to the project, the value of 6,030
the project to the watershed, and benefits as defined in division 6,031
(F) of section 6131.01 of the Revised Code. Such THE part of the 6,033
assessment as THAT is found to benefit state, county, or township 6,034
roads or highways or municipal streets shall be assessed against 6,035
the state, county, township, or municipal corporation, 6,036
respectively, payable from motor vehicle revenues. Such THE part 6,038
of the assessment as THAT is found to benefit property owned by 6,039
143
any public corporation, any political subdivision of the state, 6,040
or the state shall be assessed against the public corporation, 6,041
the political subdivision, or the state and shall be paid out of 6,042
the general funds or motor vehicle revenues of the public 6,043
corporation, the political subdivision of the state, or the 6,044
state, except as otherwise provided by law. The 6,045
THE assessment shall be certified to the county auditor, 6,048
and by him THE COUNTY AUDITOR to the county treasurer. The 6,050
collection of such THE assessment shall conform in all matters to 6,052
Chapter 323. of the Revised Code. Any land owned and managed by 6,053
the department of natural resources for wildlife, recreation, 6,054
nature preserve, or forestry purposes is exempt from assessments 6,055
if the director of natural resources determines that the land 6,056
derives no benefit from the improvement. In making such a 6,057
determination, the director shall consider the purposes for which 6,058
the land is owned and managed and any relevant articles of
dedication or existing management plans for the land. If the 6,059
director determines that the land derives no benefit from the 6,060
improvement, he THE DIRECTOR shall notify the board of county 6,061
commissioners, within thirty days after receiving the assessment 6,063
notification required by this section, indicating that he THE 6,064
DIRECTOR has determined that the land is to be exempt and 6,066
explaining his THE specific reason for making this determination. 6,068
The board of county commissioners may, within thirty days after 6,069
receiving the director's exemption notification, MAY appeal this 6,070
THE determination to the court of common pleas. If the court of 6,072
common pleas finds in favor of the board of county commissioners, 6,073
the department of natural resources shall pay all court costs and 6,074
legal fees.
If the assessment is to be made at a varied rate, the board 6,076
shall give notice by first class mail to every public and private 6,077
property owner whose property is subject to assessment, at the 6,078
tax mailing or other known address of the owner. Such THE notice 6,080
shall contain a statement of the amount to be assessed against 6,081
144
the property of the addressee and a statement that he THE 6,082
ADDRESSEE may file an objection in writing at the office of the 6,084
board of county commissioners within thirty days after the 6,085
mailing of notice. If the residence of any owner cannot be 6,086
ascertained, or if any mailed notice is returned undelivered, the 6,087
board shall publish such THE notice to all such owners in a 6,088
newspaper of general circulation within the project area, at 6,089
least once each week for three weeks, which notice shall include 6,090
the information contained in the mailed notice, but it shall 6,091
state that the owner may file an objection in writing at the 6,092
office of the board of county commissioners within thirty days 6,093
after the last publication of such THE notice. 6,094
Upon receipt of objections as provided in this section, the 6,096
board shall proceed within thirty days to hold a final hearing 6,097
upon ON the objections by fixing a date and giving notice by 6,098
first class mail to the objectors at such THE address as provided 6,101
in filing his THE objection. If any mailed notice is returned 6,102
undelivered, the board shall give due notice to such THE 6,104
objectors in a newspaper of general circulation in the project 6,106
area, stating the time, place, and purpose of the hearing. Upon 6,107
hearing the objectors, the board may amend and shall approve the 6,108
final schedule of assessments by journal entry. 6,109
Any owner whose objection is not allowed may appeal within 6,111
thirty days to the court of common pleas of the county in which 6,112
the property is located. 6,113
Any moneys collected in excess of the amount needed for 6,115
construction of the improvement and the subsequent first year's 6,116
maintenance may be maintained in a fund to be used for 6,117
maintenance of the improvement. In any year subsequent to a year 6,118
in which an assessment for construction of an improvement levied 6,119
under this section has been collected, and upon determination by 6,120
the board of county commissioners that funds are not otherwise 6,121
available for maintenance or repair of the improvement, the board 6,122
shall levy upon ON the property within the project area an 6,123
145
assessment for maintenance at a uniform percentage of all 6,124
construction costs based upon the assessment schedule used in 6,125
determining the construction assessment. Such THE assessment is 6,126
not subject to the provisions concerning notice and petition 6,128
contained in section 1515.25 of the Revised Code. An assessment 6,129
for maintenance shall not be levied in any year in which the 6,130
unencumbered balance of funds available for maintenance of the 6,131
improvements IMPROVEMENT exceeds twenty per cent of the cost of 6,132
construction of the improvement, except that the board may adjust 6,134
the level of assessment within the twenty per cent limitation, or 6,135
suspend temporarily the levying of an assessment, for maintenance 6,136
purposes as maintenance funds are needed. 6,137
FOR THE PURPOSE OF LEVYING AN ASSESSMENT FOR MAINTENANCE OF 6,140
AN IMPROVEMENT, A BOARD MAY USE THE PROCEDURES ESTABLISHED IN 6,141
CHAPTER 6137. OF THE REVISED CODE REGARDING MAINTENANCE OF 6,143
IMPROVEMENTS AS DEFINED IN SECTION 6131.01 OF THE REVISED CODE IN 6,146
LIEU OF USING THE PROCEDURES ESTABLISHED UNDER THIS SECTION. 6,147
The board of county commissioners may issue bonds and notes 6,149
as authorized by section 131.23 or 133.17 of the Revised Code. 6,150
Sec. 1517.10. (A) As used in this section, "felony" has 6,161
the same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person selected by the chief of the division of 6,164
natural areas and preserves for custodial or patrol service on 6,165
the lands and waters operated or administered by the division 6,166
shall be employed in conformity with the law applicable to the 6,167
classified civil service of the state. Subject to division (C) 6,168
of this section, the chief may designate that person as a 6,169
preserve officer. A preserve officer has, in any nature 6,170
preserve, in any natural area owned or managed through easement, 6,171
license, or lease by the department of natural resources and 6,172
administered by the division, and on lands owned or managed 6,173
through easement, license, or lease by the department and 6,174
administered by the division that are within or adjacent to any 6,175
wild, scenic, or recreational river area established under this 6,176
146
chapter and along any trail established under Chapter 1519. of 6,177
the Revised Code, HAS the authority vested in police PEACE 6,178
officers under section 2935.03 of the Revised Code to keep the 6,180
peace, to enforce all laws and rules governing those lands and 6,181
waters, and to make arrests for violation of those laws and
rules, provided that such THE authority shall be exercised on 6,182
lands or waters administered by another division of the 6,184
department only pursuant to an agreement with the chief of that 6,185
division or to a request for assistance by an enforcement officer 6,186
of that division in an emergency. A preserve officer, in or 6,187
along any watercourse within, abutting, or upstream from the 6,188
boundary of any area administered by the department, has the 6,189
authority to enforce section 3767.32 of the Revised Code and any 6,190
other laws prohibiting the dumping of refuse into or along 6,191
waters, and to make arrests for violation of those laws. The 6,192
jurisdiction of a preserve officer shall be concurrent with that 6,193
of the peace officers of the county, township, or municipal 6,194
corporation in which the violation occurs. 6,195
The governor, upon the recommendation of the chief, shall 6,197
issue to each preserve officer a commission indicating authority 6,198
to make arrests as provided in this section. 6,199
The chief shall furnish a suitable badge to each 6,201
commissioned preserve officer as evidence of the preserve 6,202
officer's authority. 6,203
(2) If any person employed under this section is 6,205
designated by the chief to act as an agent of the state in the 6,206
collection of money resulting from the sale of licenses, fees of 6,207
any nature, or other money belonging to the state, the chief 6,208
shall require a surety bond from the person in an amount not less 6,209
than one thousand dollars. 6,210
(C)(1) The chief of the division of natural areas and 6,213
preserves shall not designate a person as a preserve officer 6,214
pursuant to division (B)(1) of this section on a permanent basis, 6,215
on a temporary basis, for a probationary term, or on other than a 6,216
147
permanent basis if the person previously has been convicted of or 6,217
has pleaded guilty to a felony.
(2)(a) The chief of the division of natural areas and 6,220
preserves shall terminate the employment as a preserve officer of 6,221
a person designated as a preserve officer under division (B)(1) 6,222
of this section if that person does either of the following: 6,223
(i) Pleads guilty to a felony; 6,225
(ii) Pleads guilty to a misdemeanor pursuant to a 6,227
negotiated plea agreement as provided in division (D) of section 6,229
2929.29 of the Revised Code in which the preserve officer agrees 6,231
to surrender the certificate awarded to the preserve officer 6,232
under section 109.77 of the Revised Code. 6,233
(b) The chief shall suspend from employment as a preserve 6,236
officer a person designated as a preserve officer under division 6,237
(B)(1) of this section if that person is convicted, after trial, 6,238
of a felony. If the preserve officer files an appeal from that 6,239
conviction and the conviction is upheld by the highest court to 6,241
which the appeal is taken or if the preserve officer does not 6,242
file a timely appeal, the chief shall terminate the employment of 6,243
that preserve officer. If the preserve officer files an appeal 6,244
that results in the preserve officer's acquittal of the felony or 6,245
conviction of a misdemeanor, or in the dismissal of the felony 6,246
charge against the preserve officer, the chief shall reinstate 6,247
that preserve officer. A preserve officer who is reinstated 6,248
under division (C)(2)(b) of this section shall not receive any 6,250
back pay unless that preserve officer's conviction of the felony
was reversed on appeal, or the felony charge was dismissed, 6,252
because the court found insufficient evidence to convict the 6,253
preserve officer of the felony.
(3) Division (C) of this section does not apply regarding 6,256
an offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of 6,258
the employment, of a preserve officer under division (C)(2) of 6,259
this section shall be in accordance with Chapter 119. of the 6,260
148
Revised Code.
Sec. 1517.14. As used in sections 1517.14 to 1517.18 of 6,270
the Revised Code, "watercourse" means a substantially natural 6,271
channel with recognized banks and bottom, in which a flow of 6,272
water occurs, with an average of at least ten feet mean surface 6,273
water width and at least five miles of length. The director of 6,274
natural resources or his THE DIRECTOR'S representative may 6,275
create, supervise, operate, protect, and maintain wild, scenic, 6,277
and recreational river areas under the classifications 6,278
established in section 1517.15 of the Revised Code. The director 6,279
or his THE DIRECTOR'S representative may prepare and maintain a 6,281
plan for the establishment, development, use, and administration 6,282
of those areas as a part of the comprehensive state plans for 6,283
water management and outdoor recreation. The director or his THE 6,284
DIRECTOR'S representative may cooperate with federal agencies 6,286
administering any federal program concerning wild, scenic, or 6,287
recreational river areas.
The director may propose for establishment as a wild, 6,289
scenic, or recreational river area a part or parts of any 6,290
watercourse in this state, with adjacent lands, which THAT in his 6,292
THE DIRECTOR'S judgment possesses water conservation, scenic, 6,294
fish, wildlife, historic, or outdoor recreation values which THAT 6,295
should be preserved, using the classifications established in 6,297
section 1517.15 of the Revised Code. The area shall include 6,298
lands adjacent to the watercourse in sufficient width to 6,299
preserve, protect, and develop the natural character of the 6,300
watercourse, but shall not include any lands more than one 6,301
thousand feet from the normal waterlines of the watercourse 6,302
unless an additional width is necessary to preserve water 6,303
conservation, scenic, fish, wildlife, historic, or outdoor 6,304
recreation values.
The director shall publish his THE intention to declare an 6,306
area a wild, scenic, or recreational river area at least once in 6,307
a newspaper of general circulation in each county, any part of 6,308
149
which is within the area, and shall send written notice of his 6,309
THE intention to the legislative authority of each county, 6,311
township, and municipal corporation and to each conservancy 6,312
district established under Chapter 6101. of the Revised Code, any 6,313
part of which is within the area, and to the director of 6,314
transportation, the director of development, the director of 6,315
administrative services, and the director of environmental 6,316
protection. The notices shall include a copy of a map and 6,317
description of the area. 6,318
After thirty days from the last date of publication or 6,320
dispatch of written notice as required in this section, the 6,321
director shall enter a declaration in his THE DIRECTOR'S journal 6,322
that the area is a wild, scenic, or recreational river area. 6,324
When so entered, the area is a wild, scenic, or recreational 6,325
river area. The director, after thirty days' notice as 6,326
prescribed in this section and upon the approval of the 6,327
recreational RECREATION and resources commission CREATED IN 6,328
SECTION 1501.04 OF THE REVISED CODE, may terminate the status of 6,329
an area as a wild, scenic, or recreational river area by an entry 6,330
in his THE DIRECTOR'S journal. 6,331
Declaration by the director that an area is a wild, scenic, 6,333
or recreational river area does not authorize the director or any 6,334
governmental agency or political subdivision to restrict the use 6,335
of land by the owner thereof or any person acting under his THE 6,336
LANDOWNER'S authority or to enter upon the land AND DOES NOT 6,339
EXPAND OR ABRIDGE THE REGULATORY AUTHORITY OF ANY GOVERNMENTAL 6,340
AGENCY OR POLITICAL SUBDIVISION OVER THE AREA. 6,341
The chief of the division of natural areas and preserves or 6,343
his THE CHIEF'S representative may participate in watershed-wide 6,344
planning with federal, state, and local agencies in order to 6,346
protect the values of wild, scenic, and recreational river areas. 6,347
Sec. 1518.99. (A) Whoever violates section 1518.02 of the 6,356
Revised Code is guilty of a minor misdemeanor. 6,357
(B) Whoever violates section 1518.05 of the Revised Code 6,359
150
shall be fined not less than one thousand dollars nor more than 6,360
five thousand dollars for the first offense; for each subsequent 6,361
offense the person shall be fined not less than two thousand 6,362
dollars nor more than ten thousand dollars.
(C) Whoever violates section 1518.23 or 1518.24 of the 6,364
Revised Code is guilty of a misdemeanor of the first degree. 6,366
Sec. 1520.01. As used in this chapter: 6,375
(A) "Canal lands" includes any part of the bed, berm, 6,378
bank, or slope of any canal, canal basin, or CANAL reservoir or 6,379
of any lock, aqueduct, dam, culvert, tunnel, feeder, or side cut 6,380
formerly a part of any canal system in this state, whether or not 6,381
abandoned; the outer slope of any towing path embankment formerly 6,382
a part of any canal system in this state; and any tract of land 6,383
that was a part of or intended for the use of any canal system in 6,384
this state. "Canal lands" means only those canal lands that are
the property of the state. 6,385
(B) "Reservoir CANAL RESERVOIR" means any man-made 6,387
ARTIFICIAL lake or impoundment, including any run-of-the-river 6,388
reservoir, that was constructed to provide water to any canal 6,389
system in this state. 6,390
(C) "DOMESTIC USE" MEANS THE WITHDRAWAL OF WATER BY AN 6,393
INDIVIDUAL FOR USE ON RESIDENTIAL PROPERTY BY MEANS OF A PUMP OR 6,394
OTHER DEVICE THAT GENERALLY HAS A DISCHARGE LINE WITH AN OUTSIDE 6,395
DIAMETER OF NOT MORE THAN ONE AND ONE-HALF INCHES. 6,396
Sec. 1520.02. (A) The director of natural resources has 6,405
exclusive authority to administer, manage, and establish policies 6,406
governing canal lands. 6,407
(B)(1) Except as provided in division (C) of this section, 6,409
the director may sell, lease, exchange, give, or grant all or 6,410
part of the state's interest in any canal lands in accordance 6,411
with section 1501.01 of the Revised Code. The director may 6,412
stipulate that an appraisal or survey need not be conducted for, 6,413
and may establish any terms or conditions that he THE DIRECTOR 6,414
determines appropriate for, any such convenyance CONVEYANCE. 6,415
151
(2) WITH REGARD TO CANAL LANDS, THE CHIEF OF THE DIVISION 6,418
OF WATER, WITH THE APPROVAL OF THE DIRECTOR, MAY SELL, LEASE, OR 6,419
TRANSFER MINERALS OR MINERAL RIGHTS WHEN THE CHIEF AND THE 6,420
DIRECTOR DETERMINE THAT THE SALE, LEASE, OR TRANSFER IS IN THE 6,421
BEST INTEREST OF THE STATE. CONSIDERATION FOR MINERALS AND 6,422
MINERAL RIGHTS SHALL BE BY RENTAL OR ON A ROYALTY BASIS AS 6,423
PRESCRIBED BY THE CHIEF AND PAYABLE AS PRESCRIBED BY CONTRACT. 6,424
MONEYS COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION SHALL BE 6,426
PAID INTO THE STATE TREASURY TO THE CREDIT OF THE CANAL LANDS 6,427
FUND CREATED IN SECTION 1520.05 OF THE REVISED CODE. 6,429
(C)(1) Not later than one year after July 1, 1989, the 6,431
director of transportation and the director of the Ohio 6,432
historical society shall indentify IDENTIFY all canal lands that 6,433
are or may be of use to any program operated by the department of 6,434
transportation or the Ohio historical society, respectively, and 6,435
shall notify the director of natural resources of those lands. 6,436
The director of natural resources may transfer any canal lands so 6,437
identified to the exclusive care, custody, and control of the 6,438
department of transportation or the Ohio historical society, as 6,439
applicable, by means of a departmental transfer not later than 6,440
six months after receiving notification under division (C)(1) of 6,441
this section. 6,442
(2) The director of natural resources may transfer to the 6,444
Ohio historical society any equipment, maps, and records used on 6,445
or related to canal lands that are of historical interest and 6,446
that are not needed by the director to administer this chapter. 6,447
(D) If the director of natural resources determines that 6,449
any canal lands are a necessary part of a county's drainage or 6,450
ditch system and are not needed for any purpose of the department 6,451
of natural resources, the director may sell, grant, or otherwise 6,452
convey those canal lands to that county in accordance with 6,453
division (B) of this section. The board of county commissioners 6,454
shall accept the transfer of canal lands. 6,455
(E) Notwithstanding any other section of the Revised Code, 6,457
152
the county auditor shall transfer any canal lands conveyed under 6,458
this section, and the county recorder shall record the deed for 6,459
those lands in accordance with section 317.12 of the Revised 6,460
Code. This division does not apply to canal lands transferred 6,461
under division (C)(1) of this section. 6,462
Sec. 1520.03. (A) The director of natural resources may 6,471
appropriate real property in accordance with Chapter 163. of the 6,472
Revised Code for the purpose of administering this chapter. 6,473
(B) The director shall operate and maintain all canals and 6,475
CANAL reservoirs owned by the state except those canals that are 6,477
operated by the Ohio historical society on July 1, 1989. 6,478
(C) The director may sell or lease water from any canal or 6,480
CANAL reservoir that he THE DIRECTOR operates and maintains only 6,481
to the extent that the water is in excess of the quantity that is 6,482
required for navigation, recreation, and wildlife purposes. The 6,483
director shall MAY adopt, and may amend, and rescind, rules in 6,485
accordance with Chapter 119. of the Revised Code necessary to 6,486
administer this division.
THE WITHDRAWAL OF WATER FROM ANY CANAL OR CANAL RESERVOIR 6,489
FOR DOMESTIC USE IS EXEMPT FROM THIS DIVISION. HOWEVER, THE 6,490
DIRECTOR MAY REQUIRE WATER CONSERVATION MEASURES FOR WATER THAT 6,491
IS WITHDRAWN FROM ANY CANAL OR CANAL RESERVOIR FOR DOMESTIC USE 6,492
DURING DROUGHT CONDITIONS OR OTHER EMERGENCIES DECLARED BY THE 6,493
GOVERNOR.
(D) No person shall take or divert water from any canal or 6,495
CANAL reservoir operated and maintained by the director except in 6,496
accordance with a sale or lease entered into under division (C) 6,497
of this section. 6,498
(E) At the request of the director, the attorney general 6,500
may commence a civil action for civil penalties and injunctions, 6,501
in a court of common pleas, against any person who has violated 6,502
or is violating division (D) of this section. The court of 6,503
common pleas in which an action for injunctive relief is filed 6,504
has jurisdiction to and shall grant preliminary and permanent 6,505
153
injunctive relief upon a showing that the person against whom the 6,506
action is brought has violated or is violating that division. 6,507
Upon a finding of a violation, the court shall assess a 6,509
civil penalty of not more than one thousand dollars for each day 6,510
of each violation if the violator is an individual who took or 6,511
diverted the water in question for residential or agricultural 6,512
use. The court shall assess a civil penalty of not more than 6,513
five thousand dollars for each day of each violation if the 6,514
violator is any other person who took or diverted the water in 6,515
question for industrial or commercial use excluding agricultural 6,516
use. Moneys from civil penalties assessed under this division 6,517
shall be paid into the state treasury to the credit of the canal 6,518
lands fund created in section 1520.05 of the Revised Code. 6,519
Any action under this division is a civil action, governed 6,521
by the rules of civil procedure and other rules of practice and 6,522
procedure applicable to civil actions. 6,523
(F) As used in this section, "person" means any agency of 6,525
this state, any political subdivision of this state or of the 6,526
United States, or any legal entity defined as a person under 6,527
section 1.59 of the Revised Code. 6,528
Sec. 1521.03. The chief of the division of water shall do 6,537
all of the following: 6,538
(A) Assist in an advisory capacity any properly 6,540
constituted watershed district, conservancy district, or soil and 6,541
water conservation district or any county, municipal corporation, 6,542
or other government agency of the state in the planning of works 6,543
for ground water recharge, STREAM MANAGEMENT, or the 6,544
establishment of water conservation practices, within the limits 6,545
of the appropriations for that purpose THOSE PURPOSES; 6,546
(B) Have authority to conduct basic inventories of the 6,548
water and related natural resources in each drainage basin in the 6,549
state; to develop a plan on a watershed basis that will recognize 6,550
the variety of uses to which water may be put and the need for 6,551
its retention and control MANAGEMENT FOR THOSE USES; with the 6,552
154
approval of the director of natural resources and the controlling 6,553
board, to transfer appropriated or other funds, authorized for 6,554
those inventories and plan, to any division of the department of 6,555
natural resources or other state agencies for the purpose of 6,556
developing pertinent data relating to the plan of water 6,557
management; and to accept and expend moneys contributed by any 6,558
person for implementing the development of the plan; 6,559
(C) Have authority to make detailed investigations of all 6,561
factors relating to floods, floodplain management, and flood 6,562
control, AND STREAM MANAGEMENT in the state with particular 6,563
attention to those factors bearing upon the maintenance of the 6,565
hydraulic efficiency of the channels of rivers, streams, and 6,566
watercourses as a means of carrying off flood waters RECOGNIZING 6,567
THE VARIETY OF USES TO WHICH WATER AND WATERCOURSES MAY BE PUT; 6,568
(D) Cooperate with the United States or any agency thereof 6,570
and with any political subdivision of the state in planning and 6,571
constructing flood control works; 6,572
(E) Hold meetings or public hearings, whichever is 6,574
considered appropriate by the chief, to assist in the resolution 6,575
of conflicts between ground water users. Such meetings or 6,576
hearings shall be called upon written request from boards of 6,577
health of city or general health districts created by or under 6,578
the authority of Chapter 3709. of the Revised Code or authorities 6,579
having the duties of a board of health as authorized by section 6,580
3709.05 of the Revised Code, boards of county commissioners, 6,581
boards of township trustees, legislative authorities of municipal 6,582
corporations, or boards of directors of conservancy districts 6,583
organized under Chapter 6101. of the Revised Code and may be 6,584
called by the chief upon the request of any other person or at 6,585
his THE CHIEF'S discretion. The chief shall collect and present 6,586
at such meetings or hearings the available technical information 6,588
relevant to the conflicts and to the ground water resource. The 6,589
chief shall prepare a report, and may make recommendations, based 6,590
upon the available technical data and the record of the meetings 6,591
155
or hearings, about the use of the ground water resource. In 6,592
making the report and any recommendations, the chief also may 6,593
consider the factors listed in division (B) of section 1521.17 of 6,594
the Revised Code. The technical information presented, the 6,595
report prepared, and any recommendations made under this division 6,596
shall be presumed to be prima-facie authentic and admissible as 6,597
evidence in any court pursuant to Evidence Rule 902. 6,598
(F) Perform stream or ground water gauging and may 6,600
contract with the United States government or any other agency 6,601
for the gauging of any streams or ground water within the state; 6,602
(G) PRIMARILY WITH REGARD TO WATER QUANTITY, HAVE 6,605
AUTHORITY TO COLLECT, STUDY, MAP, AND INTERPRET ALL AVAILABLE 6,606
INFORMATION, STATISTICS, AND DATA PERTAINING TO THE AVAILABILITY, 6,607
SUPPLY, USE, CONSERVATION, AND REPLENISHMENT OF THE GROUND AND 6,608
SURFACE WATERS IN THE STATE; 6,609
(H) PRIMARILY WITH REGARD TO WATER QUANTITY AND 6,612
AVAILABILITY, BE AUTHORIZED TO COOPERATE WITH AND NEGOTIATE FOR 6,613
THE STATE WITH ANY AGENCY OF THE UNITED STATES GOVERNMENT OR 6,615
AGENCY OF ANY OTHER STATE PERTAINING TO THE WATER RESOURCES OF 6,616
THE STATE. 6,617
Sec. 1521.05. (A) As used in this section: 6,626
(1) "Construct" or "construction" includes drilling, 6,628
boring, digging, deepening, altering, and logging. 6,629
(2) "Altering" means changing the configuration of a well, 6,631
including, without limitation, deepening a well, extending or 6,632
replacing any portion of the inside or outside casing or wall of 6,633
a well that extends below ground level, plugging a portion of a 6,634
well back to a certain depth, and reaming out a well to enlarge 6,635
its original diameter. 6,636
(3) "Logging" means describing the lithology, grain size, 6,638
color, and texture of the formations encountered during the 6,639
drilling, boring, digging, deepening, or altering of a well. 6,640
(4) "Grouting" means neat cemet CEMENT; bentonite products 6,642
in slurry, granular, or pelletized form, excluding drilling mud 6,643
156
or fluids; or any combination of neat cement and bentonite 6,644
products that is placed within a well to seal the annular space 6,645
or to seal an abandoned well and that is impervious to and 6,646
capable of preventing the movement of water. 6,647
(5) "Abandoned well" means a well whose use has been 6,649
permanently discontinued and that poses potential health and 6,650
safety hazards or that has the potential to transmit surface 6,651
contaminants into the aquifer in which the well has been 6,652
constructed. 6,653
(6) "Sealing" means the complete filling of an abandoned 6,655
well with grouting or other approved materials in order to 6,656
permanently prevent the vertical movement of water in the well 6,657
and thus prevent the contamination of ground water or the 6,658
intermixing of water between aquifers. 6,659
(B) Any person that constructs a well shall keep a careful 6,661
and accurate log of the construction of the well. The log shall 6,662
show all of the following: 6,663
(1) The character, including, without limitation, the 6,665
lithology, color, texture, and grain size, the name, if known, 6,666
and the depth of all formations passed through or encountered; 6,667
(2) The depths at which water is encountered; 6,669
(3) The static water level of the completed well; 6,671
(4) A copy of the record of all pumping tests and analyses 6,673
related to those tests, if any; 6,674
(5) Construction details, including lengths, diameters, 6,676
and thicknesses of casing and screening and the volume, type of 6,677
material, and method of introducing gravel packing and grouting 6,678
into the well; 6,679
(6) The type of pumping equipment installed, if any; 6,681
(7) The name of the owner of the well, the address of the 6,683
location where the well was constructed, and a description of the 6,684
location of the property where the well was constructed; 6,685
(8) The signature of the individual who constructed the 6,687
well and filed the well log; 6,688
157
(9) Any other information required by the chief of the 6,690
division of water. 6,691
The log shall be furnished to the division within thirty 6,693
days after the completion of construction of the well, upon ON 6,694
forms prescribed and prepared by the division. The log shall be 6,695
kept on file by the division. 6,696
In accordance with Chapter 119. of the Revised Code, the 6,698
chief may adopt, amend, and rescind rules requiring other persons 6,699
that are involved in the construction or subsequent development 6,700
of a well to submit well logs under this division containing any 6,701
or all of the information specified in divisions (B)(1) to (9) of 6,702
this section and requiring any person that seals an abandoned 6,703
well to submit a well sealing report under this division 6,704
containing any or all of the information specified in those 6,705
divisions and any additional information specified in the rules. 6,706
(C)(1) No person shall fail to keep and submit a well log 6,708
as required by this section. 6,709
(2) No person shall make a false statement in any well log 6,711
required to be kept and submitted under this section. Violation 6,712
of division (C)(2) of this section is falsification under section 6,713
2921.13 of the Revised Code. 6,714
(D) For the purposes of prosecution of a violation of 6,716
division (C)(1) of this section, a prima-facie case is 6,717
established when the division obtains either of the following: 6,718
(1) A certified copy of a permit for a private water 6,720
system issued in accordance with rules adopted under section 6,721
3701.344 of the Revised Code, or a certified copy of the invoice 6,722
or a canceled check from the owner of a well indicating the 6,723
construction services performed; 6,724
(2) A certified copy of any permit issued under Chapter 6,726
3734. or 6111. of the Revised Code OR PLAN APPROVAL GRANTED UNDER 6,727
CHAPTER 6109. OF THE REVISED CODE for any activity that includes 6,729
the construction of a well. 6,730
Sec. 1531.01. As used in this chapter and Chapter 1533. of 6,738
158
the Revised Code: 6,739
(A) "Person" means individual, company, partnership, 6,741
corporation, municipal corporation, association, or any 6,742
combination of individuals, or any employee, agent, or officer 6,743
thereof. 6,744
(B) "Resident" means any individual who has resided in 6,746
this state for not less than six months next preceding the date 6,747
of making application for a license. 6,748
(C) "Nonresident" means any individual who does not 6,750
qualify as a resident. 6,751
(D) "Division rule" or "rule" means any rule adopted by 6,754
the chief of the division of wildlife under section 1531.10 of 6,755
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 6,757
the taking of wild animals protected by this chapter and Chapter 6,758
1533. of the Revised Code is prohibited. 6,759
(F) "Open season" means that period of time during which 6,761
the taking of wild animals protected by this chapter and Chapter 6,762
1533. of the Revised Code is permitted. 6,764
(G) "Take or taking" includes pursuing, shooting, hunting, 6,766
killing, trapping, angling, fishing with a trotline, or netting 6,767
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 6,768
wild bird, or wild quadruped, and any lesser act, such as 6,769
wounding, or placing, setting, drawing, or using any other device 6,770
for killing or capturing any wild animal, whether it results in 6,771
killing or capturing the animal or not. "Take or taking" 6,772
includes every attempt to kill or capture and every act of 6,773
assistance to any other person in killing or capturing or 6,774
attempting to kill or capture a wild animal. 6,775
(H) "Possession" means both actual and constructive 6,777
possession and any control of things referred to. 6,778
(I) "Bag limit" means the number, measurement, or weight 6,780
of any kind of clams, mussels, crayfish, aquatic insects, fish, 6,781
frogs, turtles, wild birds, and wild quadrupeds permitted to be 6,782
159
taken. 6,783
(J) "Transport and transportation" means carrying or 6,785
moving or causing to be carried or moved. 6,786
(K) "Sell and sale" means barter, exchange, or offer or 6,788
expose for sale. 6,789
(L) "Whole to include part" means that every provision 6,791
relating to any wild animal protected by this chapter and Chapter 6,792
1533. of the Revised Code applies to any part thereof OF THE WILD 6,793
ANIMAL with the same effect as it applies to the whole. 6,794
(M) "Angling" means fishing with not more than two hand 6,796
lines, not more than two units of rod and line, or a combination 6,797
of not more than one hand line and one rod and line, either in 6,798
hand or under control at any time while fishing. The hand line 6,799
or rod and line shall have attached to it not more than three 6,800
baited hooks, not more than three artificial fly rod lures, or 6,801
one artificial bait casting lure equipped with not more than 6,802
three sets of three hooks each. 6,803
(N) "Trotline" means a device for catching fish that 6,805
consists of a line having suspended from it, at frequent 6,806
intervals, vertical lines with hooks attached. 6,807
(O) "Fish" means a cold-blooded vertebrate having fins. 6,809
(P) "Measurement of fish" means length from the end of the 6,811
nose to the longest tip or end of the tail. 6,812
(Q) "Wild birds" includes game birds and nongame birds. 6,814
(R) "Game" includes game birds, game quadrupeds, and 6,816
fur-bearing animals. 6,817
(S) "Game birds" includes mourning doves, RINGNECK 6,819
pheasants, BOBWHITE quail, ruffed grouse, sharp-tailed grouse, 6,820
pinnated grouse, wild turkey, Hungarian partridge, Chukar 6,821
partridge, woodcocks, black-breasted plover, golden plover, 6,822
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail, 6,823
coots, gallinules, duck, geese, brant, and crows. 6,824
(T) "Nongame birds" includes all other wild birds not 6,826
included and defined as game birds. 6,827
160
(U) "Wild quadrupeds" includes game quadrupeds and 6,829
fur-bearing animals. 6,830
(V) "Game quadrupeds" includes hares or COTTONTAIL 6,832
rabbits, gray squirrels, black squirrels, fox squirrels, red 6,833
squirrels, FLYING SQUIRRELS, CHIPMUNKS, groundhogs or woodchucks, 6,834
WHITE-TAILED deer, wild boar, and BLACK bears. 6,835
(W) "Fur-bearing animals" includes minks, weasels, 6,837
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 6,838
otters, coyotes, and bobcats. 6,839
(X) "Wild animals" includes mollusks, crustaceans, aquatic 6,841
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 6,842
and all other wild mammals. 6,843
(Y) "Hunting" means pursuing, shooting, killing, following 6,845
after or on the trail of, lying in wait for, shooting at, or 6,846
wounding wild birds or wild quadrupeds while employing any device 6,847
commonly used to kill or wound wild birds or wild quadrupeds 6,848
whether or not the acts result in killing or wounding. "Hunting" 6,849
includes every attempt to kill or wound and every act of 6,850
assistance to any other person in killing or wounding or 6,851
attempting to kill or wound wild birds or wild quadrupeds. 6,852
(Z) "Trapping" means securing or attempting to secure 6,854
possession of a wild bird or wild quadruped by means of setting, 6,855
placing, drawing, or using any device that is designed to close 6,856
upon, hold fast, confine, or otherwise capture a wild bird or 6,857
wild quadruped whether or not the means results in capture. 6,858
"Trapping" includes every act of assistance to any other person 6,859
in capturing wild birds or wild quadrupeds by means of the device 6,860
whether or not the means results in capture. 6,861
(AA) "Muskrat spear" means any device used in spearing 6,863
muskrats. 6,864
(BB) "Channels and passages" means those narrow bodies of 6,866
water lying between islands or between an island and the mainland 6,867
in Lake Erie. 6,868
(CC) "Island" means a rock or land elevation above the 6,870
161
waters of Lake Erie having an area of five or more acres above 6,871
water. 6,872
(DD) "Reef" means an elevation of rock, either broken or 6,874
in place, or gravel shown by the latest United States chart to be 6,875
above the common level of the surrounding bottom of the lake, 6,876
other than the rock bottom, or in place forming the base or 6,877
foundation rock of an island or mainland and sloping from the 6,878
shore thereof OF IT. "Reef" also means all elevations shown by 6,879
that chart to be above the common level of the sloping base or 6,880
foundation rock of an island or mainland, whether running from 6,881
the shore of an island or parallel with the contour of the shore 6,882
of an island or in any other way and whether formed by rock, 6,883
broken or in place, or from gravel. 6,884
(EE) "Fur farm" means any area used exclusively for 6,886
raising fur-bearing animals or in addition thereto used for 6,887
hunting game, the boundaries of which are plainly marked as such. 6,888
(FF) "Waters" includes any lake, pond, reservoir, stream, 6,890
channel, lagoon, or other body of water, or any part thereof, 6,891
whether natural or artificial. 6,892
(GG) "Crib" or "car" refers to that particular compartment 6,894
of the net from which the fish are taken when the net is lifted. 6,895
(HH) "Commercial fish" means those species of fish 6,897
permitted to be taken, possessed, bought, or sold unless 6,898
otherwise restricted by the Revised Code or division rule and are 6,900
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 6,901
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 6,902
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 6,903
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 6,904
(Ictalurus natalis), brown bullheads (Ictalurus nebulosus), 6,905
channel catfish (Ictalurus punctatus), flathead catfish 6,906
(Pylodictis olivaris), whitefish (Coregonus sp.), cisco 6,907
(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 6,908
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 6,909
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 6,910
162
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 6,911
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 6,912
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 6,913
sp.), sucker other than buffalo and quillback (Carpiodes sp., 6,914
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 6,915
white bass (Morone chrysops), white perch (Roccus americanus), 6,916
and yellow perch (Perca flavescens). When the common name of a 6,917
fish is used in this chapter or Chapter 1533. of the Revised 6,918
Code, it refers to the fish designated by the scientific name in 6,919
this definition.
(II) "Fishing" means taking or attempting to take fish by 6,921
any method, and all other acts such as placing, setting, drawing, 6,922
or using any device commonly used to take fish whether resulting 6,923
in a taking or not. 6,924
(JJ) "Fillet" means the pieces of flesh taken or cut from 6,926
both sides of a fish, joined to form one piece of flesh. 6,927
(KK) "Part fillet" means a piece of flesh taken or cut 6,929
from one side of a fish. 6,930
(LL) "Round" when used in describing fish means with head 6,932
and tail intact. 6,933
(MM) "Migrate" means the transit or movement of fish to or 6,935
from one place to another as a result of natural forces or 6,936
instinct and includes, but is not limited to, movement of fish 6,937
induced or caused by changes in the water flow. 6,938
(NN) "Spreader bar" means a brail or rigid bar placed 6,940
across the entire width of the back, at the top and bottom of the 6,941
cars in all trap, crib, and fyke nets for the purpose of keeping 6,942
the meshes hanging squarely while the nets are fishing. 6,943
(OO) "Fishing guide" means any person who, for 6,945
consideration or hire, operates a boat, rents, leases, or 6,946
otherwise furnishes angling devices, ice fishing shanties or 6,947
shelters of any kind, or other fishing equipment, and 6,948
accompanies, guides, directs, or assists any other person in 6,949
order for the other person to engage in fishing. 6,950
163
(PP) "Net" means fishing devices with meshes composed of 6,952
twine or synthetic material and includes, but is not limited to, 6,953
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 6,954
seines, except minnow seines and minnow dip nets. 6,955
(QQ) "Commercial fishing gear" means seines, trap nets, 6,957
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 6,958
and any boat used in conjunction with that gear, but does not 6,959
include gill nets. 6,960
(RR) "Native wildlife" means any species of the animal 6,962
kingdom indigenous to this state. 6,963
(SS) "Gill net" means a single section of fabric or 6,965
netting seamed to a float line at the top and a lead line at the 6,966
bottom, which is designed to entangle fish in the net openings as 6,967
they swim into it. 6,968
(TT) "Small game" includes pheasants, quail, ruffed 6,970
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 6,971
partridge, Chukar partridge, woodcocks, black-breasted plover, 6,972
golden plover, Wilson's snipe or jacksnipe, greater and lesser 6,973
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 6,974
rabbits, gray squirrels, black squirrels, fox squirrels, red 6,975
squirrels, and groundhogs or woodchucks. 6,976
(UU) "Tag fishing tournament" means a contest in which a 6,978
participant pays a fee, or gives other valuable consideration, 6,979
for a chance to win a prize by virtue of catching a tagged or 6,980
otherwise specifically marked fish within a limited period of 6,981
time, but does not include a scheme of chance conducted under 6,982
division (D)(1) of section 2915.02 of the Revised Code. 6,983
(VV)(UU) "Tenant" means an individual who resides on land 6,985
for which he THE INDIVIDUAL pays rent and whose annual income is 6,986
primarily derived from agricultural production conducted on that 6,987
land, as "agricultural production" is defined in section 929.01 6,988
of the Revised Code.
(WW)(VV) "Nonnative wildlife" means any wild animal not 6,990
indigenous to this state. 6,991
164
(WW) "REPTILES" INCLUDES COMMON MUSK TURTLE (STERNOTHERUS 6,994
ODORATUS), COMMON SNAPPING TURTLE (CHELYDRA SERPENTINA 6,995
SERPENTINA), SPOTTED TURTLE (CLEMMYS GUTTATA), EASTERN BOX TURTLE 6,996
(TERRAPENE CAROLINA CAROLINA), BLANDING'S TURTLE (EMYDOIDEA 6,997
BLANDINGII), COMMON MAP TURTLE (GRAPTEMYS GEOGRAPHICA), OUACHITA 6,998
MAP TURTLE (GRAPTEMYS PSEUDOGEOGRAPHICA OUACHITENSIS), MIDLAND 6,999
PAINTED TURTLE (CHRYSEMYS PICTA MARGINATA), RED-EARED SLIDER 7,000
(TRACHEMYS SCRIPTA ELEGANS), EASTERN SPINY SOFTSHELL TURTLE 7,001
(TRIONYX SPINIFERUS SPINIFERUS), MIDLAND SMOOTH SOFTSHELL TURTLE 7,002
(TRIONYX MUTICUS MUTICUS), NORTHERN FENCE LIZARD (SCELOPORUS 7,003
UNDULATUS HYACINTHINUS), GROUND SKINK (SCINCELLA LATERALIS), 7,004
FIVE-LINED SKINK (EUMECES FASCIATUS), BROADHEAD SKINK (EUMECES 7,005
LATICEPS), NORTHERN COAL SKINK (EUMECES ANTHRACINUS ANTHRACINUS), 7,006
EUROPEAN WALL LIZARD (PODARCIS MURALIS), QUEEN SNAKE (REGINA 7,008
SEPTEMVITTATA), KIRTLAND'S SNAKE (CLONOPHIS KIRTLANDII), NORTHERN 7,009
WATER SNAKE (NERODIA SIPEDON), LAKE ERIE WATERSNAKE (NERODIA 7,010
SIPEDON INSULARUM), COPPERBELLY WATER SNAKE (NERODIA 7,011
ERYTHROGASTER NEGLECTA), NORTHERN BROWN SNAKE (STORERIA DEKAYI 7,012
DEKAYI), MIDLAND BROWN SNAKE (STORERIA DEKAYI WRIGHTORUM), 7,014
NORTHERN REDBELLY SNAKE (STORERIA OCCIPITOMACULATA 7,015
OCCIPITOMACULATA), EASTERN GARTER SNAKE (THAMNOPHIS SIRTALIS 7,016
SIRTALIS), EASTERN PLAINS GARTER SNAKE (THAMNOPHIS RADIX RADIX), 7,017
BUTLER'S GARTER SNAKE (THAMNOPHIS BUTLERI), SHORTHEAD GARTER 7,018
SNAKE (THAMNOPHIS BRACHYSTOMA), EASTERN RIBBON SNAKE (THAMNOPHIS 7,019
SAURITUS SAURITUS), NORTHERN RIBBON SNAKE (THAMNOPHIS SAURITUS 7,020
SEPTENTRIONALIS), EASTERN HOGNOSE SNAKE (HETERODON PLATYRHINOS), 7,021
EASTERN SMOOTH EARTH SNAKE (VIRGINIA VALERIAE VALERIAE), NORTHERN 7,023
RINGNECK SNAKE (DIADOPHIS PUNCTATUS EDWARDSII), MIDWEST WORM 7,024
SNAKE (CARPHOPHIS AMOENUS HELENAE), EASTERN WORM SNAKE 7,025
(CARPHOPHIS AMOENUS AMOENUS), BLACK RACER (COLUBER CONSTRICTOR 7,026
CONSTRICTOR), BLUE RACER (COLUBER CONSTRICTOR FOXII), ROUGH GREEN 7,027
SNAKE (OPHEODRYS AESTIVUS), EASTERN SMOOTH GREEN SNAKE (OPHEODRYS 7,028
VERNALIS VERNALIS), WESTERN SMOOTH GREEN SNAKE (OPHEODRYS 7,029
VERNALIS BLANCHARDI), BLACK RAT SNAKE (ELAPHE OBSOLETA OBSOLETA), 7,030
165
EASTERN FOX SNAKE (ELAPHE VULPINA GLOYDI), BLACK KINGSNAKE 7,032
(LAMPROPELTIS GETULA NIGRA), EASTERN MILK SNAKE (LAMPROPELTIS 7,033
TRIANGULUM TRIANGULUM), NORTHERN COPPERHEAD (AGKISTRODON 7,034
CONTORTRIX MOSKASEN), EASTERN MASSASAUGA (SISTRURUS CATENATUS 7,035
CATENATUS), AND TIMBER RATTLESNAKE (CROTALUS HORRIDUS HORRIDUS). 7,036
(XX) "AMPHIBIANS" INCLUDES EASTERN HELLBENDER 7,039
(CRYTPOBRANCHUS ALLEGANIENSIS ALLEGANIENSIS), MUDPUPPY (NECTURUS 7,040
MACULOSUS), RED-SPOTTED NEWT (NOTOPHTHALMUS VIRIDESCENS 7,042
VIRIDESCENS), JEFFERSON SALAMANDER (AMBYSTOMA JEFFERSONIANUM), 7,043
SPOTTED SALAMANDER (AMBYSTOMA MACULATUM), BLUE-SPOTTED SALAMANDER 7,044
(AMBYSTOMA LATERALE), SMALLMOUTH SALAMANDER (AMBYSTOMA TEXANUM), 7,045
STREAMSIDE SALAMANDER (AMBYSTOMA BARBOURI), MARBLED SALAMANDER 7,047
(AMBYSTOMA OPACUM), EASTERN TIGER SALAMANDER (AMBYSTOMA TIGRINUM 7,048
TIGRINUM), SILVERY SALAMANDER (AMBYSTOMA PLATINEUM), NORTHERN 7,049
DUSKY SALAMANDER (DESMOGNATHUS FUSCUS FUSCUS), MOUNTAIN DUSKY 7,050
SALAMANDER (DESMOGNATHUS OCHROPHAEUS), REDBACK SALAMANDER 7,051
(PLETHODON CINEREUS), RAVINE SALAMANDER (PLETHODON RICHMONDI), 7,052
NORTHERN SLIMY SALAMANDER (PLETHODON GLUTINOSUS), WEHRLE'S 7,053
SALAMANDER (PLETHODON WEHRLEI), FOUR-TOED SALAMANDER 7,054
(HEMIDACTYLIUM SCUTATUM), KENTUCKY SPRING SALAMANDER 7,055
(GYRINOPHILUS PORPHYRITICUS DURYI), NORTHERN SPRING SALAMANDER 7,056
(GYRINOPHILUS PORPHYRITICUS PORPHYRITICUS), MUD SALAMANDER 7,058
(PSEUDOTRITON MONTANUS), NORTHERN RED SALAMANDER (PSEUDOTRITON 7,059
RUBER RUBER), GREEN SALAMANDER (ANEIDES AENEUS), NORTHERN 7,061
TWO-LINED SALAMANDER (EURYCEA BISLINEATA), LONGTAIL SALAMANDER 7,062
(EURYCEA LONGICAUDA LONGICAUDA), CAVE SALAMANDER (EURYCEA 7,063
LUCIFUGA), SOUTHERN TWO-LINED SALAMANDER (EURYCEA CIRRIGERA) 7,065
FOWLER'S TOAD (BUFO WOODHOUSII FOWLERI), AMERICAN TOAD (BUFO 7,066
AMERICANUS), EASTERN SPADEFOOT (SCAPHIOPUS HOLBROOKII), 7,067
BLANCHARD'S CRICKET FROG (ACRIS CREPITANS BLANCHARDI), NORTHERN 7,068
SPRING PEEPER (PSEUDACRIS CRUCIFER CRUCIFER), GRAY TREEFROG (HYLA 7,070
VERSICOLOR), COPE'S GRAY TREEFROG (HYLA CHRYSOSCELIS), WESTERN 7,071
CHORUS FROG (PSEUDACRIS TRISERIATA TRISERIATA), MOUNTAIN CHORUS 7,072
FROG (PSEUDACRIS BRACHYPHONA), BULLFROG (RANA CATESBEIANA), GREEN 7,074
166
FROG (RANA CLAMITANS MELANOTA), NORTHERN LEOPARD FROG (RANA 7,075
PIPIENS), PICKEREL FROG (RANA PALUSTRIS), SOUTHERN LEOPARD FROG 7,076
(RANA UTRICULARIA), AND WOOD FROG (RANA SYLVATICA). 7,077
The chief shall not establish a season for the hunting of 7,079
mourning doves that opens prior to the fifteenth day of September 7,080
of any year.
Sec. 1531.06. (A) The chief of the division of wildlife, 7,089
with the approval of the director of natural resources, may 7,090
acquire by gift, lease, purchase, or otherwise lands or surface 7,091
rights upon lands and waters or surface rights upon waters for 7,092
wild animals, fish or game management, preservation, propagation, 7,093
and protection, outdoor and nature activities, public fishing and 7,094
hunting grounds, and flora and fauna preservation. The chief, 7,095
with the approval of the director, may receive by grant, devise, 7,096
bequest, donation, or assignment evidences of indebtedness, the 7,097
proceeds of which are to be used for the purchase of such lands 7,098
or surface rights upon lands and waters or the surface rights 7,099
upon waters. 7,100
(B)(1) The chief shall adopt rules for the protection of 7,102
state owned or leased lands and waters and property under the 7,104
division's control against wrongful use or occupancy that will 7,105
ensure the carrying out of the intent of this section, protect 7,106
those lands, waters, and property from depredations, and preserve 7,107
them from molestation, spoilation, destruction, or any improper 7,108
use or occupancy thereof, including rules with respect to 7,110
recreational activities and for the government and use of such
lands, waters, and property. 7,111
(2) The chief may adopt rules benefiting wild animals, 7,114
fish or game management, preservation, propagation, and
protection, outdoor and nature activities, public fishing and 7,115
hunting grounds, AND flora and fauna preservation, and regulating 7,116
the taking and possession of wild animals on any lands or waters 7,117
owned or leased or under the division's supervision and control 7,118
and, for a specified period of years, may prohibit or recall the 7,119
167
taking and possession of any wild animal on any portion of such 7,120
lands or waters. The division clearly shall define and mark the 7,121
boundaries of the lands and waters owned or leased or under its 7,123
supervision and control upon which the taking of any wild animal 7,124
is prohibited.
(C) The chief, with the approval of the director, may 7,126
acquire by gift, lease, or purchase land for the purpose of 7,127
establishing state fish hatcheries and game farms and may erect 7,128
thereon ON IT buildings or structures as THAT are necessary. 7,129
The title to or lease of such lands and waters shall be 7,131
taken by the chief in the name of the state. The lease or 7,132
purchase price of all such lands and waters may be paid from 7,133
hunting and trapping and fishing licenses and any other funds. 7,134
(D) To provide more public recreation, stream and lake 7,136
agreements for public fishing only may be obtained under rules 7,137
adopted by the chief. 7,138
(E) The chief, with the approval of the director, may 7,140
establish user fees for the use of special public facilities or 7,141
participation in special activities on lands and waters 7,142
administered by the division. The special facilities and 7,143
activities may include hunting or fishing on special designated 7,144
public lands and waters intensively managed or stocked with 7,145
artificially propagated game birds or fish, field trial 7,146
facilities, wildlife nature centers, firearm ranges, boat mooring 7,147
facilities, camping sites, and other similar special facilities 7,148
and activities. The chief shall determine whether the user fees 7,149
are refundable and shall ensure that that information is provided 7,150
at the time the user fees are paid.
(F) The chief, with the approval of the director, may 7,153
enter into lease agreements for rental of concessions or other 7,154
special projects situated on state-owned or leased lands or 7,155
waters or other property under the division's control. The chief 7,156
shall set and collect the fees for concession rentals or other 7,157
special projects; regulate through contracts between the division 7,158
168
and concessionaires the sale of tangible objects at concessions 7,159
or other special projects; and keep a record of all such fee 7,160
payments showing the amount received, from whom recieved 7,161
RECEIVED, and for what purpose the fee was collected. 7,162
(G) The chief may sell conservation-related items or items 7,165
that promote wildlife conservation, including, but not limited 7,166
to, pins, badges, books, bulletins, maps, publications, 7,167
calendars, and any other educational article or artifact 7,168
pertaining to wild animals; sell confiscated or forfeited items; 7,169
and sell surplus structures and equipment, and timber or crops 7,170
from lands owned, administered, leased, or controlled by the 7,171
division.
(H) The chief may sell, lease, or transfer minerals or 7,173
mineral rights, with the approval of the director, when the chief 7,174
and the director determine it to be in the best interest of the 7,175
state. Upon approval of the director, the chief may make, 7,176
execute, and deliver contracts, including leases, to mine, drill, 7,177
or excavate iron ore, stone, coal, petroleum, gas, salt, and
other minerals upon and under lands owned by the state and 7,178
administered by the division to any person who complies with the 7,179
terms of such a contract. No such contract shall be valid for 7,180
more than fifty years from its effective date. Consideration for 7,181
minerals and mineral rights shall be by rental or royalty basis 7,182
as prescribed by the chief and payable as prescribed by contract. 7,183
Moneys collected under this division shall be deposited in 7,184
accordance with division (I) of this section. Contracts entered 7,185
into under this division also may provide for consideration for 7,186
minerals or mineral rights in the form of acquisition of lands as 7,187
provided under divisions (A) and (C) of this section. 7,188
(I) All moneys received under divisions (E), (F), (G), and 7,190
(H) of this section shall be paid into the state treasury to the 7,192
credit of a fund which THAT shall be used for the purposes 7,193
outlined in section 1533.15 of the Revised Code and for the 7,194
management of other wild animals for their ecological and 7,195
169
nonconsumptive recreational value or benefit. 7,196
(J) THE CHIEF, WITH THE APPROVAL OF THE DIRECTOR, MAY 7,199
BARTER OR SELL WILD ANIMALS TO OTHER STATES, STATE OR FEDERAL 7,200
AGENCIES, AND CONSERVATION OR ZOOLOGICAL ORGANIZATIONS. MONEYS 7,201
RECEIVED FROM THE SALE OF WILD ANIMALS SHALL BE DEPOSITED INTO 7,202
THE WILD ANIMAL FUND CREATED IN SECTION 1531.34 OF THE REVISED 7,203
CODE.
(K) THE CHIEF SHALL ADOPT RULES ESTABLISHING STANDARDS AND 7,206
GUIDELINES FOR THE ADMINISTRATION OF CONTRACEPTIVE CHEMICALS TO 7,207
NONCAPTIVE WILD ANIMALS. THE RULES MAY SPECIFY CHEMICAL DELIVERY 7,208
METHODS AND DEVICES AND MONITORING REQUIREMENTS.
THE CHIEF SHALL ESTABLISH CRITERIA FOR THE ISSUANCE OF AND 7,211
SHALL ISSUE PERMITS FOR THE ADMINISTRATION OF CONTRACEPTIVE
CHEMICALS TO NONCAPTIVE WILD ANIMALS. NO PERSON SHALL ADMINISTER 7,213
CONTRACEPTIVE CHEMICALS TO NONCAPTIVE WILD ANIMALS WITHOUT A 7,214
PERMIT ISSUED BY THE CHIEF.
(L) All fees set by the chief under this section shall be 7,216
approved by the wildlife council. 7,217
Sec. 1531.13. The law enforcement officers of the division 7,226
of wildlife shall be known as "wildlife officers." The chief of 7,227
the division of wildlife, wildlife officers, and such other 7,228
employees of the division as the chief of the division of 7,229
wildlife designates, and other officers who are given like 7,230
authority, shall enforce all laws pertaining to the taking, 7,231
possession, protection, preservation, management, and propagation 7,232
of wild animals and all division rules. They shall enforce all 7,233
laws against hunting without permission of the owner or
authorized agent of the land on which such THE hunting is done. 7,235
They may arrest on view and without issuance of a warrant. They 7,236
may inspect any container or package at any time except when 7,237
within a building and the owner or person in charge of the 7,238
building objects. The inspection shall be only for bag limits of 7,239
wild animals taken in open season or for wild animals taken 7,240
during the closed season, or for any kind or species of those 7,241
170
wild animals.
The chief may visit all parts of the state and direct and 7,243
assist wildlife officers and other employees in the discharge of 7,244
their duties. The owners or tenants of private lands or waters 7,245
are not liable to wildlife officers for injuries suffered while 7,246
carrying out their duties while on the lands or waters of the 7,247
owners or tenants unless the injuries are caused by the willful 7,248
or wanton misconduct of the owners or tenants. Any regularly 7,249
employed salaried wildlife officer may enter any private lands or 7,250
waters if he THE WILDLIFE OFFICER has good cause to believe and 7,251
does believe that a law is being violated. 7,253
A wildlife officer, sheriff, deputy sheriff, constable, or 7,255
officer having a similar authority may search any place which he 7,256
THE OFFICER has good reason to believe contains a wild animal or 7,257
any part of a wild animal taken or had in possession contrary to 7,258
law or division rule, or a boat, gun, net, seine, trap, ferret, 7,259
or device used in the violation, and seize any he THE OFFICER 7,260
finds so taken or possessed. If the owner or person in charge of 7,261
the place to be searched refuses to permit the search, upon 7,262
filing an affidavit in accordance with law with a court having 7,263
jurisdiction of the offense and upon receiving a search warrant 7,264
issued, the officer may forcibly MAY search the place described, 7,265
and if in the search he THE OFFICER finds any wild animal or part 7,266
of a wild animal, or any boat, gun, net, seine, trap, ferret, or 7,267
device in the possession of the owner or person in charge, 7,268
contrary to this chapter or Chapter 1533. of the Revised Code or 7,269
division rule, he THE OFFICER shall seize them IT and arrest the 7,270
person in whose custody or possession they were IT WAS found. 7,271
The wild animal or parts of a wild animal or boat, gun, net, 7,272
seine, trap, ferret, or device so found shall escheat to the 7,273
state.
Each wildlife officer shall post a bond in a sum not less 7,275
than one thousand dollars executed by a surety company authorized 7,276
to transact business in this state for the faithful performance 7,277
171
of the duties of his THE WILDLIFE OFFICER'S office. 7,278
The chief and wildlife officers are vested with the 7,281
authority of police PEACE officers under section 2935.03 of the 7,282
Revised Code for the purpose of enforcing the criminal laws of 7,283
the state on any property owned, controlled, maintained, or 7,284
administered by the department of natural resources and may 7,285
enforce sections 2923.12, 2923.15, and 2923.16 of the Revised 7,287
Code throughout the state and may arrest without warrant any 7,288
person who, in the presence of the chief or any wildlife officer,
is engaged in the violation of any of those laws. 7,289
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, OR 7,298
boat, USED IN THE UNLAWFUL TAKING OR TRANSPORTING OF WILD 7,299
ANIMALS, AND ANY net, seine, trap, ferret, gun, or other device 7,300
used in the unlawful taking of wild animals, is a public 7,301
nuisance. Each wildlife officer, or other officer with like 7,302
authority, shall seize and safely keep such property and the 7,303
illegal results of its use, and unless otherwise ordered by the 7,304
chief of the division of wildlife shall institute, within five 7,305
days, proceedings in a proper court of the county for its 7,306
forfeiture. A writ of replevin shall not lie to take the 7,307
property from the officer's custody or from the custody or 7,308
jurisdiction of the court in which the proceeding is instituted, 7,309
nor shall the proceeding affect a criminal prosecution for the 7,310
unlawful use or possession of the property.
An action for the forfeiture of any such property shall be 7,312
commenced by the filing of an affidavit describing the property 7,313
seized and stating the unlawful use made of it, the time and 7,314
place of seizure, and the name of the person owning or using it 7,315
at the time of seizure. If the name is unknown, that fact shall 7,316
be stated. Upon the filing of the affidavit, the court shall 7,317
issue a summons setting forth the facts stated in the affidavit 7,318
and fixing a time and place for the hearing of the complaint. A 7,319
copy of the summons shall be served on the owner or person using 7,320
the property at the time of its seizure, if he THE OWNER OR USER 7,321
172
is known, or by leaving a copy thereof at his THE OWNER'S OR 7,322
USER'S usual residence or place of business in the county, at 7,324
least three days before the time fixed for the hearing of the 7,325
complaint. If the owner or user is unknown or a nonresident of 7,326
the county or cannot be found therein, a copy of the summons 7,327
shall be posted at a suitable place nearest the place of seizure, 7,328
but if his THE OWNER'S OR USER'S address is known, a copy of the 7,329
summons shall be mailed to him THE OWNER OR USER at least three 7,330
days before the time fixed for the hearing of the complaint. On 7,331
the date fixed for the hearing, the officer making the service 7,332
shall make a return of the time and manner of making the service. 7,333
Upon the proper cause shown, the court may postpone the hearing. 7,334
If the owner or person unlawfully using the property at the 7,337
time of its seizure is arrested, pleads guilty, and confesses
that the property at the time of its seizure was being used by 7,338
him THE OWNER OR USER in violation of law or division rule, no 7,339
proceeding of forfeiture shall be instituted, but the court in 7,340
imposing sentence shall order the property so seized forfeited to 7,341
the state, to be disposed of thereafter as the chief of the 7,342
division of wildlife directs. 7,343
Sec. 1531.202. ANY PERSON WHO IS RESPONSIBLE FOR CAUSING 7,345
OR ALLOWING AN UNAUTHORIZED SPILL, RELEASE, OR DISCHARGE OF 7,346
MATERIAL INTO OR ON ANY LAND OR ANY GROUND OR SURFACE WATER OR 7,347
INTO THE AIR THAT RESULTS IN THE DEATH OF A WILD ANIMAL AND THAT 7,348
NECESSITATES AN INVESTIGATION BY THE DIVISION OF WILDLIFE, OR WHO 7,350
VIOLATES SECTION 1531.02 OF THE REVISED CODE IN A MANNER THAT 7,351
NECESSITATES AN INVESTIGATION BY THE DIVISION REGARDING THE DEATH 7,353
OF A WILD ANIMAL, IS LIABLE TO THE DIVISION FOR COSTS INCURRED IN 7,354
THE INVESTIGATION. THE COSTS MAY INCLUDE WAGES AND BENEFITS OF 7,355
EMPLOYEES OF THE DIVISION. THE CHIEF OF THE DIVISION OF WILDLIFE 7,356
OR THE CHIEF'S AUTHORIZED REPRESENTATIVE SHALL BRING A CIVIL 7,357
ACTION AGAINST THE RESPONSIBLE PERSON TO RECOVER THOSE COSTS. 7,358
Sec. 1531.34. THERE IS HEREBY CREATED IN THE STATE 7,360
TREASURY THE WILD ANIMAL FUND. THE FUND SHALL CONSIST OF MONEYS 7,361
173
RECEIVED FROM THE SALE OF WILD ANIMALS UNDER DIVISION (J) OF 7,363
SECTION 1531.06 OF THE REVISED CODE. MONEYS IN THE FUND SHALL BE 7,365
SPENT ON PROGRAMS ADMINISTERED BY THE DIVISION OF WILDLIFE OR
CONTRIBUTED BY THE DIVISION TO AN APPROPRIATE NONPROFIT 7,366
ORGANIZATION FOR THE ACQUISITION, DEVELOPMENT, AND MANAGEMENT OF 7,367
LANDS AND WATERS WITHIN THE STATE FOR WILDLIFE PURPOSES. 7,368
Sec. 1531.99. (A) Whoever violates section 1531.02 of the 7,377
Revised Code, or any division rule, other than a rule adopted 7,378
under section 1531.25 of the Revised Code, is guilty of a 7,379
misdemeanor of the fourth degree. 7,380
(B) Whoever violates section 1531.02 of the Revised Code 7,382
concerning the taking or possession of deer or VIOLATES DIVISION 7,383
(K) OF SECTION 1531.06 OR section 1531.07 or 1531.29 of the 7,384
Revised Code is guilty of a misdemeanor of the third degree on a 7,385
first offense; on each subsequent offense, that person is guilty 7,386
of a misdemeanor of the first degree. 7,387
(C) Whoever violates section 1531.25 of the Revised Code 7,389
is guilty of a misdemeanor of the first degree. 7,390
(D) Whoever violates section 1531.02 of the Revised Code 7,392
concerning the selling or offering for sale of any wild animals 7,393
or parts of wild animals, the minimum value of which animals or 7,394
parts, in the aggregate, is more than one thousand dollars as 7,395
established under section 1531.201 of the Revised Code, is guilty 7,396
of a felony of the fifth degree.
(E) A court that imposes sentence for a violation of any 7,398
section of this chapter governing the holding, taking, or 7,399
possession of wild animals, including, without limitation, 7,400
section 1531.11 of the Revised Code, shall require the person who 7,401
is convicted of or pleads guilty to the offense, in addition to 7,402
any fine, term of imprisonment, seizure, and forfeiture imposed, 7,403
to make restitution for the minimum value of the wild animal 7,404
illegally held, taken, or possessed as established under section 7,405
1531.201 of the Revised Code. An officer who collects moneys 7,406
paid as restitution under this section shall pay those moneys to 7,407
174
the treasurer of state who shall deposit them in the state 7,408
treasury to the credit of the wildlife fund established under 7,409
section 1531.17 of the Revised Code. 7,410
Sec. 1533.01. As used in this chapter, "person," 7,419
"resident," "nonresident," "division rule," "rule," "closed 7,420
season," "open season," "take or taking," "possession," "bag 7,421
limit," "transport and transportation," "sell and sale," "whole 7,422
to include part," "angling," "trotline," "fish," "measurement of 7,423
fish," "wild birds," "game," "game birds," "nongame birds," "wild 7,424
quadrupeds," "game quadrupeds," "fur-bearing animals," "wild 7,425
animals," "hunting," "trapping," "muskrat spear," "channels and 7,426
passages," "island," "reef," "fur farm," "waters," "crib," "car," 7,427
"commercial fish," "fishing," "fillet," "part fillet," "round," 7,428
"migrate," "spreader bar," "fishing guide," "net," "commercial 7,429
fishing gear," "native wildlife," "gill net," "small game," "tag 7,431
fishing tournament," "tenant," and "nonnative wildlife," 7,432
"REPTILES," AND "AMPHIBIANS" have the same meanings as in section 7,433
1531.01 of the Revised Code.
Sec. 1533.06. It is hereby provided that a "special 7,442
hunting area" is established on the department of natural 7,443
resources lands and waters situated in Lucas and Ottawa counties 7,444
and known as the "Magee Marsh State Public Hunting Area." 7,445
On such THAT area the chief of the division of wildlife is 7,447
hereby empowered to MAY provide a special daily hunting permit 7,448
for all persons permitted to hunt on such THE area. The fee for 7,449
such a permit is five dollars per day UNLESS THE CHIEF ADOPTS 7,450
RULES ESTABLISHING A LOWER FEE. 7,451
The permit shall be in such A form as prescribed by the 7,453
director of the department of natural resources. All moneys 7,454
received as fees shall be paid into the state treasury to the 7,455
credit of a fund which THAT is hereby appropriated exclusively 7,456
for the use of the department of natural resources for the 7,457
purposes outlined in section 1533.15 of the Revised Code. 7,458
Nothing in this section shall be construed to alter or 7,460
175
supersede the laws requiring a hunting and trapping license. 7,461
Sec. 1533.08. Except as otherwise provided by division 7,470
rule, any person desiring to collect wild animals that are 7,471
protected by law or their nests or eggs for scientific study, 7,473
school instruction, other educational uses, or rehabilitation
shall make application to the chief of the division of wildlife 7,474
for a wild animal collecting permit on a form furnished by the 7,475
chief. The applicant shall submit written recommendations of two 7,476
well-known scientific persons or teachers of science, certifying 7,477
to the good character and fitness of the applicant. Each 7,478
applicant for a wild animal collecting permit, OTHER THAN AN 7,479
APPLICANT DESIRING TO REHABILITATE WILD ANIMALS, shall pay an 7,480
annual fee of ten dollars for each permit. NO FEE SHALL BE 7,481
CHARGED TO AN APPLICANT DESIRING TO REHABILITATE WILD ANIMALS. 7,482
When it appears that the application is made in good faith, the 7,483
chief shall issue to the applicant a permit to take, possess, and 7,484
transport at any time and in any manner specimens of wild animals 7,485
protected by law or their nests and eggs for scientific study, 7,486
school instruction, other educational uses, or rehabilitation and 7,487
under any additional rules recommended by the wildlife council. 7,488
Upon the receipt of a permit, the holder may take, possess, and 7,489
transport such THOSE wild animals in accordance with the permit. 7,490
Each holder of a permit engaged in collecting such wild 7,492
animals shall carry his THE permit with him at all times and 7,494
shall exhibit it upon demand to any wildlife officer, constable,
sheriff, deputy sheriff, or police officer, to the owner or 7,495
person in lawful control of the land upon which he THE PERMIT 7,496
HOLDER is collecting, or to any other person. Failure to so 7,497
carry or exhibit the permit constitutes an offense under this 7,498
section.
Each permit holder shall keep a daily record of all 7,500
specimens collected under the permit and the disposition of the 7,501
specimens and shall exhibit the daily record to any official of 7,502
the division upon demand. 7,503
176
Each permit shall remain in effect for one year from the 7,506
date of issuance unless it is revoked sooner by the chief.
All moneys received as fees for the issuance of a wild 7,508
animal collecting permit shall be transmitted to the director of 7,510
natural resources to be paid into the state treasury to the
credit of the fund created by section 1533.15 of the Revised 7,511
Code. 7,512
Sec. 1533.10. Except as provided in this section or 7,520
division (A) of section 1533.12 of the Revised Code, no person 7,521
shall hunt any wild bird or wild quadruped without a hunting 7,522
license. Each day that any person hunts within the state without 7,523
procuring such a license constitutes a separate offense. Every 7,524
applicant for a hunting license who is a resident of the state 7,525
and age sixteen YEARS OF AGE or over MORE shall procure a 7,527
resident hunting license, the fee for which shall be fourteen
dollars, unless the rules adopted under division (B) of section 7,528
1533.12 of the Revised Code provide for issuance of a resident 7,530
hunting license to the applicant free of charge. Every applicant 7,531
who is a resident of the state and under the age of sixteen years 7,532
shall procure a special youth hunting license, the fee for which 7,533
shall be one-half of the regular hunting license fee. The owner 7,534
and the children of the owner of lands in the state may hunt 7,535
thereon ON THEM without a hunting license. The tenant or manager 7,536
and children of the tenant or manager, residing on lands in the 7,537
state, may hunt thereon ON THEM without a hunting license. Every 7,538
applicant for a hunting license who is a nonresident of the state 7,539
shall procure a nonresident hunting license, the fee for which 7,540
shall be ninety dollars, unless the applicant is a resident of a 7,541
state that is a party to an agreement under section 1533.91 of 7,542
the Revised Code, in which case the fee shall be fourteen 7,543
dollars.
The chief of the division of wildlife may issue a tourist's 7,545
small game hunting license expiring three days from the effective 7,547
date of the license to a nonresident of the state, the fee for
177
which shall be twenty-four dollars. No person shall take or 7,548
possess DEER, WILD TURKEYS, FUR-BEARING ANIMALS, DUCKS, GEESE, 7,549
BRANT, OR any NONGAME animal that is not small game while 7,550
possessing only a tourist's small game hunting license. A 7,552
tourist's small game hunting license does not authorize the 7,553
taking or possessing of ducks, geese, or brant without having 7,554
obtained, in addition to the tourist's small game hunting 7,555
license, a wetlands habitat stamp as provided in section 1533.112 7,556
of the Revised Code. A TOURIST'S HUNTING LICENSE DOES NOT 7,557
AUTHORIZE THE TAKING OR POSSESSING OF DEER, WILD TURKEYS, OR 7,558
FUR-BEARING ANIMALS. A NONRESIDENT OF THE STATE WHO WISHES TO 7,559
TAKE OR POSSESS DEER, WILD TURKEYS, OR FUR-BEARING ANIMALS IN 7,560
THIS STATE SHALL PROCURE, RESPECTIVELY, A SPECIAL DEER OR WILD 7,561
TURKEY PERMIT AS PROVIDED IN SECTION 1533.11 OF THE REVISED CODE 7,562
OR A FUR TAKER PERMIT AS PROVIDED IN SECTION 1533.111 OF THE 7,563
REVISED CODE IN ADDITION TO A NONRESIDENT HUNTING LICENSE AS 7,564
PROVIDED IN THIS SECTION. 7,565
No person shall procure or attempt to procure a hunting 7,567
license by fraud, deceit, misrepresentation, or any false 7,568
statement. 7,569
This section does not authorize the taking and possessing 7,571
of deer or wild turkeys without first having obtained, in 7,572
addition to the hunting license required by this section, a 7,573
special deer or wild turkey permit as provided in section 1533.11 7,574
of the Revised Code or the taking and possessing of ducks, geese, 7,575
or brant without first having obtained, in addition to the 7,576
hunting license required by this section, a wetlands habitat 7,577
stamp as provided in section 1533.112 of the Revised Code. 7,578
This section does not authorize the hunting or trapping of 7,580
fur-bearing animals without first having obtained, in addition to 7,581
a hunting license required by this section, a fur taker permit as 7,582
provided in section 1533.111 of the Revised Code. 7,583
No hunting license shall be issued unless the applicant 7,585
presents to the agent authorized to issue the license a 7,586
178
previously held hunting license or evidence of having held such a 7,587
license in content and manner approved by the chief, a 7,588
certificate of completion issued upon completion of a hunter 7,589
education and conservation course approved by the chief, or 7,590
evidence of equivalent training in content and manner approved by 7,591
the chief. 7,592
No person shall issue a hunting license to any person who 7,594
fails to present the evidence required by this section. No 7,595
person shall purchase or obtain a hunting license without 7,596
presenting to the issuing agent the evidence required by this 7,597
section. Issuance of a hunting license in violation of the 7,598
requirements of this section is an offense by both the purchaser 7,599
of the illegally obtained hunting license and the clerk or agent 7,600
who issued the hunting license. Any hunting license issued in 7,601
violation of this section is void. 7,602
The chief, with approval of the wildlife council, shall 7,604
adopt rules prescribing a hunter education and conservation 7,605
course for first-time hunting license buyers and for volunteer 7,606
instructors. The course shall consist of subjects including, but 7,607
not limited to, hunter safety and health, use of hunting 7,608
implements, hunting tradition and ethics, the hunter and 7,609
conservation, and the law relating to hunting. Authorized 7,610
personnel of the division or volunteer instructors approved by 7,611
the chief shall conduct such courses with such frequency and at 7,612
such locations throughout the state as to reasonably meet the 7,613
needs of license applicants. The chief shall issue a certificate 7,614
of completion to each person who successfully completes the 7,615
course and passes an examination prescribed by the chief. 7,616
Notwithstanding the fees otherwise prescribed in this 7,618
section, prior to September 1, 1994, the fee for a resident 7,619
hunting license shall be eleven dollars, unless the rules adopted 7,620
under division (B) of section 1533.12 of the Revised Code provide 7,621
for the issuance of a resident hunting license to the applicant 7,622
free of charge; the fee for a special youth hunting license shall 7,623
179
be six dollars; the fee for a nonresident hunting license shall 7,624
be eighty dollars, unless the applicant is a resident of a state 7,625
that is a party to an agreement under section 1533.91 of the 7,626
Revised Code; the fee for a nonresident hunting license shall be 7,627
eleven dollars if the applicant is a resident of a state that is 7,628
a party to such an agreement; and the fee for a tourist's small 7,629
game hunting license shall be twenty dollars. 7,630
Sec. 1533.12. (A) Every person on active duty in the 7,639
armed forces of the United States, while on leave or furlough, 7,640
may take or catch fish of the kind lawfully permitted to be taken 7,641
or caught within the state, may hunt any wild bird or wild 7,642
quadruped lawfully permitted to be hunted within the state, and 7,643
may trap fur-bearing animals lawfully permitted to be trapped 7,644
within the state, without procuring a fishing license, a hunting 7,645
license, a fur taker permit, or a wetlands habitat stamp required 7,646
by this chapter, provided that the person shall carry on his 7,647
person SELF when fishing, hunting, or trapping, a card or other 7,648
evidence identifying him THE PERSON as a person BEING on active 7,650
duty in the armed forces of the United States, and provided that 7,651
the person is not otherwise violating any of the hunting, 7,652
fishing, and trapping laws of this state. 7,653
In order to hunt deer or wild turkey, any such person shall 7,655
obtain a special deer or wild turkey permit, as applicable, under 7,656
section 1533.11 of the Revised Code. However, the person need 7,657
not obtain a hunting license in order to obtain such a permit. 7,658
(B) The chief of the division of wildlife shall provide by 7,660
rule adopted under section 1531.10 of the Revised Code that ALL 7,661
OF THE FOLLOWING: 7,662
(1) Every resident of this state with a disability that 7,664
has been determined by the veterans administration to be 7,665
permanently and totally disabling, who receives a pension or 7,666
compensation from the veterans administration, and who received 7,667
an honorable discharge from the armed forces of the United 7,668
States, and every veteran to whom the registrar of motor vehicles 7,669
180
has issued a set of license plates under section 4503.41 of the 7,670
Revised Code, shall be issued an annual fishing license, hunting 7,671
license, fur taker permit, deer or wild turkey permit, or 7,672
wetlands habitat stamp, or any combination of those licenses, 7,673
permits, and stamp, free of charge when application is made to 7,674
the chief in the manner prescribed by and on forms provided by 7,675
the chief; 7,676
(2) Every resident of the state who is sixty-six years of 7,678
age or older shall be issued an annual fishing license, hunting 7,679
license, fur taker permit, deer or wild turkey permit, or 7,680
wetlands habitat stamp, or any combination of those licenses, 7,681
permits, and stamp, free of charge when application is made to 7,682
the chief in the manner prescribed by and on forms provided by 7,683
the chief; 7,684
(3) Every resident of state or county institutions, 7,686
charitable institutions, and military homes in this state shall 7,687
be issued an annual fishing license free of charge when 7,688
application is made to the chief in the manner prescribed by and 7,689
on forms provided by the chief; 7,690
(4) Any MOBILITY IMPAIRED OR BLIND person, AS DEFINED IN 7,692
SECTION 955.011 OF THE REVISED CODE, who is a resident of this 7,693
state and who is unable to engage in fishing without the 7,694
assistance of another person because of a physical handicap shall 7,695
be issued an annual fishing license free of charge when 7,696
application is made to the chief in the manner prescribed by and 7,697
on forms provided by the chief. The person who is assisting the 7,698
handicapped MOBILITY IMPAIRED OR BLIND person may assist in 7,700
taking or catching fish of the kind permitted to be taken or 7,701
caught without procuring the license required under section 7,702
1533.32 of the Revised Code, provided that only one line is used 7,703
by both persons.
(5) As used in this division (B)(5) OF THIS SECTION, 7,705
"prisoner of war" means any regularly appointed, enrolled, 7,706
enlisted, or inducted member of the military forces of the United 7,707
181
States who was captured, separated, and incarcerated by an enemy 7,708
of the United States.
Any person who has been a prisoner of war, was honorably 7,710
discharged from the military forces, and is a resident of this 7,711
state shall be issued an annual fishing license, hunting license, 7,712
fur taker permit, or wetlands habitat stamp, or any combination 7,713
of those licenses, permits, and stamp, free of charge when 7,714
application is made to the chief in the manner prescribed by and 7,715
on forms provided by the chief. 7,716
(C) The chief shall adopt rules pursuant to section 7,718
1531.08 of the Revised Code designating not more than two days, 7,719
which need not be consecutive, in each year as "free sport 7,720
fishing days" on which any resident may exercise the privileges 7,721
accorded the holder of a fishing license issued under section 7,722
1533.32 of the Revised Code without procuring such a license, 7,723
provided that the person is not otherwise violating any of the 7,724
fishing laws of this state. 7,725
Sec. 1533.171. (A) No person, in the act of hunting, 7,734
pursuing, taking, or killing game A WILD ANIMAL, shall act in a 7,735
negligent, careless, or reckless manner so as to injure persons 7,736
or property.
(B) The court before whom any person is convicted of or 7,738
pleads guilty to a violation of division (A) of this section 7,739
shall report that fact, together with the violator's name and 7,740
address, to the chief of the division of wildlife not later than 7,741
ten days after the date of conviction or plea. 7,742
(C) Not later than seven days after receiving a 7,744
notification under division (B) of this section, the chief shall 7,745
revoke, for not less than one year nor more than five years, each 7,746
hunting license, fur taker permit, special deer permit, special 7,747
wild turkey permit, and wetlands habitat stamp issued to that 7,748
person under this chapter. No fee paid for such a license, 7,749
permit, or stamp shall be returned to the person. 7,750
Upon revoking a license, permit, or stamp, or a combination 7,752
182
thereof, under this division, the chief immediately shall send a 7,753
notice of his THAT action by certified mail to the last known 7,754
address of the person. The notice shall state the action taken, 7,756
order the person to surrender the revoked license, permit, or 7,757
stamp, or combination thereof, and state that the department of 7,758
natural resources will not afford a hearing as required under 7,759
section 119.06 of the Revised Code. 7,760
(D) If, after receiving a notice under division (C) of 7,762
this section, the person decides to petition for a review of the 7,763
revocation, he THE PERSON shall file a petition for such a review 7,765
not later than thirty days after receiving the notice in the 7,766
municipal court or the county court, or, if the person is under 7,767
eighteen years of age, the juvenile court, in whose jurisdiction 7,768
the violation occurred. The review shall be limited to the 7,769
question of the appropriateness of the period of revocation. The 7,770
court shall send a copy of the petition to the chief by certified 7,771
mail together with timely notice of the date, time, and place of 7,772
a hearing on the petition. The filing of a petition for a review 7,773
shall not stay the revocation during the pendency of the appeal. 7,774
(E) No person whose license, permit, or stamp, or a 7,776
combination thereof, has been revoked under this section shall 7,777
attempt to purchase, purchase, apply for, or receive any hunting 7,778
license, fur taker permit, special deer permit, special wild 7,779
turkey permit, or wetlands habitat stamp issued under this 7,780
chapter or engage in hunting during the time any such license, 7,781
permit, or stamp, or a combination thereof, is revoked. 7,782
Sec. 1533.24. Except as otherwise provided by division 7,791
rule, every fur dealer shall keep a daily record on forms 7,793
provided by the division of wildlife of all purchases and sales
of furs, skins, or parts thereof of fur-bearing animals made 7,794
during the previous year. The daily record shall include ANY 7,795
PERTINENT INFORMATION THAT THE DIVISION MAY REQUIRE. THE 7,796
INFORMATION MAY INCLUDE, but not be limited to, the number and 7,797
kinds bought and sold, the dates of each purchase and sale, 7,798
183
identification of all purchases from another fur dealer, and the 7,799
state and counties in which the furs, skins, or parts thereof 7,800
were taken, and other pertinent information that the division may 7,801
require. Every fur dealer shall submit completed forms to the 7,802
division of all transactions made during the preceding season by 7,803
the fifteenth day of May each year. All records required to be 7,804
maintained by a fur dealer shall be open at all reasonable times 7,805
to inspection by duly authorized division personnel who may 7,806
inspect the furs, skins, or parts thereof on hand at any time and 7,807
check and verify the records and reports required to be kept. 7,808
No common carrier shall knowingly ship or transport or 7,810
receive for transportation or shipment any green or dried furs, 7,811
skins, or parts thereof of fur-bearing animals unless there is 7,812
plainly written thereon the name of the shipper and the number of 7,813
his THE SHIPPER'S hunting license or fur dealer's permit. 7,814
Sec. 1533.67. The chief of the division of wildlife, 7,823
wildlife officers, and such other employees of the division as 7,824
THAT the chief specifies may serve and execute warrants and other 7,825
processes of law issued in the enforcement of sections 2923.12, 7,826
2923.15, and 2923.16 of the Revised Code and in the enforcement 7,828
of any law or division rule governing the taking, possession,
protection, preservation, or propagation of wild animals, or for 7,830
protection against THE wrongful use or occupancy of state owned 7,831
or leased lands and waters, and property under division control, 7,832
or in the enforcement of section 3767.32 or any other section of 7,833
the Revised Code prohibiting the dumping of refuse into or along 7,834
waters, or in the enforcement of a criminal law of the state when 7,835
violation thereof OF IT involves equipment or property owned, 7,836
leased, or controlled by the division, in the same manner as a 7,837
sheriff or constable may serve or execute a process, and may 7,838
arrest on sight and without a warrant a person found violating 7,839
any such law or rule. The chief or any wildlife officer has the 7,840
same authority as sheriffs to require aid in executing a process 7,841
or making an arrest. They may seize without process each part of 7,842
184
a wild animal in the possession of a person violating any law or 7,843
division rule governing the taking, possession, protection, 7,844
preservation, or propagation of wild animals, together with any 7,845
boat, gun, net, seine, trap, ferret, or device with which those 7,846
animals were taken or killed, or that was used in taking or 7,847
killing them, and any firearm, deadly weapon, or dangerous 7,848
ordnance, as defined in section 2923.11 of the Revised Code, used 7,849
or possessed contrary to sections 2923.12, 2923.15, and 2923.16 7,851
of the Revised Code, and immediately convey the person so
offending before any judge of a county court or judge of a 7,852
municipal court having jurisdiction over the area in which the 7,853
offense was committed. No
NO person shall interfere with, threaten, abuse, assault, 7,856
resist, or in any manner deter or attempt to deter a wildlife 7,857
officer or any other officer having like authority from carrying 7,858
into effect any law or division rule governing the taking, 7,859
possession, protection, preservation, or propagation of wild 7,860
animals, or for protection against wrongful use or occupancy of 7,861
state owned or leased lands and waters, and property under 7,862
division control, or any law pertaining to the wearing or 7,863
exhibiting of any license or permit required by this chapter or 7,864
Chapter 1531. of the Revised Code, or regulating hunting and 7,865
trapping on the lands of another. No person shall interfere 7,866
with, threaten, abuse, assault, resist, or in any manner deter or 7,867
attempt to deter a wildlife officer or any other officer having 7,868
like authority from enforcing or from serving or executing any 7,869
warrant or other process issued in the enforcement of section 7,870
3767.32 or any other section of the Revised Code prohibiting the 7,871
dumping of refuse into or along waters, or a criminal law of the 7,872
state when violation thereof OF IT involves equipment or property 7,873
owned, leased, or controlled by the division, or any of the 7,874
provisions set forth in section 2923.12, 2923.15, or 2923.16 of 7,875
the Revised Code regulating use or possession of firearms, deadly 7,877
weapons, or dangerous ordnance, as defined in section 2923.11 of 7,878
185
the Revised Code. Arrests for such offenses may be made on 7,879
Sunday, in which case the offender immediately shall be taken
before any court or magistrate given jurisdiction in such cases 7,881
by this section and required by that court or magistrate to give 7,882
bond for his THE OFFENDER'S appearance at a time fixed for 7,883
hearing of the complaint on a weekday as soon after the arrest is 7,884
made as is practicable. If a bond is required of an offender in 7,885
such a case and he THE OFFENDER fails to give it, the court shall 7,887
order him THE OFFENDER committed to the county jail or to some 7,888
other suitable place of confinement until the time for the
hearing. The court may make any other arrangements to insure the 7,889
appearance of the offender at the designated time it considers 7,890
advisable. The jailer or officer in charge of the place of 7,891
confinement designated by the court shall receive the person so 7,892
committed.
Sec. 1533.68. If a person is convicted of a violation of 7,901
any law relative to the taking, possession, protection, 7,902
preservation, or propagation of wild animals, or a violation of 7,903
division (C) of section 2909.08 of the Revised Code while 7,904
hunting, or is convicted of a violation of any rule of the 7,905
division of wildlife, the court or magistrate before whom the 7,906
conviction is had, as an additional part of the penalty in each 7,908
case, shall suspend or revoke each license or permit issued to
the person in accordance with any section of the Revised Code 7,909
pertaining to THE hunting, fishing, trapping, breeding, and sale 7,910
of wild animals or the sale of their hides, skins, or pelts. No 7,911
fee paid for such a license or permit shall be returned to the 7,912
person. 7,913
No person having his A license or permit suspended or 7,915
revoked as provided in this section, in the event of a hunting or 7,916
trapping violation, shall engage in hunting or trapping, in the 7,917
event of a violation of division (C) of section 2909.08 of the 7,918
Revised Code while hunting, shall engage in hunting, or in the 7,919
event of a fishing violation, shall engage in fishing, or 7,920
186
purchase, apply for, or receive any such license or permit for 7,921
the following periods of time, as applicable: 7,922
(A) Three years after the date of conviction, if the 7,924
person is convicted of taking or possessing a deer in violation 7,925
of section 1531.02 of the Revised Code; 7,926
(B) Not more than three years after the date of 7,928
conviction, if the person is convicted of taking or possessing 7,929
any other wild animal in violation of section 1531.02 of the 7,930
Revised Code, or is convicted of a misdemeanor violation of 7,931
division (C) of section 2909.08 of the Revised Code while 7,932
hunting;
(C) Not more than five years after the date of conviction, 7,934
if the person is convicted of violating section 1533.171 or of 7,935
taking or possessing an eagle or osprey in violation of section 7,936
1533.07 of the Revised Code, or is convicted of a felony 7,937
violation of division (C) of section 2909.08 of the Revised Code 7,938
while hunting; 7,939
(D) NOT MORE THAN FIVE YEARS AFTER THE DATE OF CONVICTION 7,941
IF THE PERSON IS CONVICTED OF VIOLATING ANY SECTION OF THIS 7,942
CHAPTER OR CHAPTER 1531. OF THE REVISED CODE NOT SPECIFIED IN 7,943
DIVISION (A), (B), OR (C) OF THIS SECTION. 7,944
All licenses and permits suspended or revoked as provided 7,946
in this section shall be taken up by the magistrate and sent to 7,947
the department of natural resources where they shall be filed 7,948
with a record of the arrest until the person who held the 7,949
suspended or revoked license or permit is lawfully entitled to 7,950
obtain another license or permit. 7,951
Sec. 1533.70. As used in sections 1533.71 to 1533.80 of 7,961
the Revised Code:
(A) "Wholly enclosed preserve" means an area of land that 7,963
is surrounded by a fence that is at least six feet in height and 7,964
is constructed of a woven wire mesh, or such other ANOTHER 7,966
enclosure as THAT the division of wildlife may approve, where 7,967
game birds, game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing 7,968
187
animals are raised and may be sold under the authority of a 7,969
commercial propagating license obtained under section 1533.71 of 7,970
the Revised Code.
(B) "Commercial bird shooting preserve" means an area of 7,972
land where game birds are released and hunted by shooting as 7,973
authorized by a commercial bird shooting preserve license 7,974
obtained under section 1533.72 of the Revised Code.
(C) "Wild animal hunting preserve" means an area of land 7,976
where game and nonnative wildlife, other than game birds, are 7,977
released and hunted as authorized by a wild animal hunting 7,978
preserve license obtained under section 1533.721 of the Revised 7,979
Code.
(D) All definitions set forth in section 1531.01 of the 7,981
Revised Code apply to these sections 1533.70 TO 1533.80 OF THE 7,982
REVISED CODE.
Sec. 1533.71. Any UNLESS OTHERWISE PROVIDED BY DIVISION 7,991
RULE, ANY person desiring to engage in the business of raising 7,992
and selling game birds, game quadrupeds, REPTILES, AMPHIBIANS, or 7,993
fur-bearing animals in a wholly enclosed preserve of which he THE 7,994
PERSON is the owner or lessee, or to have game birds, game 7,995
quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals in 7,996
captivity, may SHALL apply in writing to the division of wildlife 7,998
for a license to do so.
The division, when it appears that the application is made 8,000
in good faith, shall, AND upon the payment of the fee for each 8,001
license, SHALL issue to the applicant such ANY of the following 8,003
licenses as THAT may be applied for: 8,004
(A) "Commercial propagating license" permitting the 8,006
licensee to propagate game birds, game quadrupeds, REPTILES, 8,007
AMPHIBIANS, or fur-bearing animals in the wholly enclosed 8,008
preserve the location of which is stated in the license and the 8,010
application therefor, and to sell such THE propagated game birds, 8,011
game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals and 8,012
ship them from the state alive at any time, and PERMITTING THE 8,013
188
LICENSEE AND THE LICENSEE'S EMPLOYEES to kill such THE propagated 8,014
game birds, game quadrupeds, or fur-bearing animals and sell the 8,016
carcasses for food subject to sections 1533.70 to 1533.80 of the 8,017
Revised Code. The fee for such a license is twenty-five dollars 8,018
per annum.
(B) "Noncommercial propagating license" permitting the 8,020
licensee to propagate game birds, game quadrupeds, REPTILES, 8,021
AMPHIBIANS, or fur-bearing animals and to hold such THE animals 8,024
in captivity. Game birds, game quadrupeds, REPTILES, AMPHIBIANS, 8,025
and fur-bearing animals propagated or held in captivity by 8,026
authority of a noncommercial propagating license are for the 8,027
licensee's own use and shall not be sold. The fee for such a 8,028
license is ten dollars per annum.
(C) A free "raise to release license" permitting duly 8,030
organized clubs, associations, or individuals approved by the 8,031
division to engage in the raising of game birds, game quadrupeds, 8,032
or fur-bearing animals for release only and not for sale or 8,033
personal use. 8,034
Except as provided by law, no person shall possess game 8,036
birds, game quadrupeds, or fur-bearing animals in closed season, 8,037
provided that municipal or governmental zoological parks shall 8,038
ARE not be required to obtain the licenses provided for in this 8,039
section. 8,040
All licenses issued under this section shall expire on the 8,042
fifteenth day of March of each year. 8,043
The chief OF THE DIVISION OF WILDLIFE shall pay all moneys 8,045
received as fees for the issuance of such licenses UNDER THIS 8,046
SECTION into the state treasury to the credit of the fund created 8,048
by section 1533.15 of the Revised Code for the use of the 8,049
division in the purchase, preservation, and protection of wild 8,050
animals, and for the necessary clerical help and forms required 8,051
by sections 1533.70 to 1533.80 of the Revised Code.
THE CHIEF SHALL ADOPT RULES ESTABLISHING STANDARDS, 8,053
INCLUDING SPECIFICATIONS FOR CAGES OR OTHER ENCLOSURES, FOR 8,054
189
HOLDING WILD ANIMALS IN CAPTIVITY. 8,055
THIS SECTION DOES NOT AUTHORIZE THE TAKING OR THE RELEASE 8,058
FOR TAKING OF THE FOLLOWING:
(1) GAME BIRDS, WITHOUT FIRST OBTAINING A COMMERCIAL BIRD 8,061
SHOOTING PRESERVE LICENSE ISSUED UNDER SECTION 1533.72 OF THE 8,062
REVISED CODE;
(2) GAME OR NONNATIVE WILDLIFE, WITHOUT FIRST OBTAINING A 8,065
WILD ANIMAL HUNTING PRESERVE LICENSE ISSUED UNDER SECTION 8,066
1533.721 OF THE REVISED CODE.
Sec. 1533.82. (A) On receipt of a notice pursuant to 8,075
section 2301.373 of the Revised Code, the chief of the division 8,076
of wildlife shall comply with that section with respect to a 8,079
license or, permit, OR CERTIFICATE issued pursuant to section 8,080
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 8,081
1533.71, 1533.72, or 1533.81, 1533.88, OR 1533.881 of the Revised 8,083
Code.
(B) On receipt of a notice pursuant to section 2301.375 of 8,085
the Revised Code, the chief of the division of wildlife shall 8,087
comply with that section with respect to a license, permit, or 8,089
stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 8,090
1533.112, or 1533.32 of the Revised Code.
Sec. 1518.20 1533.86. As used in sections 1518.20 1533.86 8,100
to 1518.27 1533.90 of the Revised Code:
(A) "Ginseng" means the plant Panax quinquefolius L., also 8,102
known as Panax quinquefolium L., commonly known as American 8,103
ginseng. 8,104
(B) "Wild ginseng" means ginseng that grows in an 8,106
uncultivated state and in its natural habitat, whether the plant 8,107
occurs naturally from that habitat or was introduced or increased 8,108
in abundance by sowing ginseng seed or transplanting ginseng 8,109
plants from other areas and performing no other cultivation 8,110
practices. 8,111
(C) "Cultivated ginseng" means ginseng that grows or has 8,113
been grown in tilled beds under the shade of artificial 8,114
190
structures or natural shade and is cultivated according to 8,115
standard ginseng horticultural practices. 8,116
(D) "Harvest" means to cut, pick, dig, root up, gather, or 8,118
otherwise collect ginseng. 8,119
(E) "Person" includes any legal entity defined as a person 8,121
under section 1.59 of the Revised Code and any political 8,122
subdivision, instrumentality, or agency of this state, another 8,123
state, or the United States. 8,124
(F) "Collector" means a person who harvests ginseng. 8,126
(G) "Grower" means a person who grows cultivated ginseng. 8,128
(H) "Dealer" means a person who buys or otherwise acquires 8,130
or conveys ginseng for resale. 8,131
(I) "Buy" includes trade or barter. 8,133
(J) "Sell" includes trade or barter. 8,135
Sec. 1518.21 1533.87. There is hereby established in the 8,144
department of natural resources the Ohio ginseng management 8,145
program, which shall be administered by the chief of the division 8,146
of natural areas and preserves WILDLIFE. The program shall be 8,147
administered to achieve and maintain a sustained yield of ginseng 8,148
so that harvesting of the plant is not detrimental to the 8,149
survival of the species. The chief shall do all things necessary 8,150
to regulate the harvesting of wild ginseng and the buying, 8,151
possession, transportation, sale, offering for sale, or exposure 8,152
for sale of wild or cultivated ginseng.
Sec. 1518.22 1533.88. The chief of the division of natural 8,161
areas and preserves WILDLIFE shall adopt and may amend or rescind 8,163
rules in accordance with Chapter 119. UNDER SECTION 1531.10 of 8,164
the Revised Code as necessary to carry out the purposes of 8,165
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code, 8,166
including, but not limited to: 8,167
(A) Establishing a harvest season for wild ginseng; 8,169
(B) Establishing a certification program for ALL legally 8,171
harvested ginseng that is to be exported from the state or is 8,172
bought or sold outside the buying season, including setting a 8,173
191
certification fee; 8,174
(C) Establishing a buying season for ginseng that has not 8,176
yet been certified in accordance with rules adopted under 8,177
division (B) of this section; 8,178
(D) Establishing a registration permit system to authorize 8,180
ginseng dealers to buy or otherwise acquire or convey ginseng for 8,181
resale and export; 8,182
(E) Establishing a record system to be kept by collectors, 8,184
dealers, and growers of ginseng; 8,185
(F) Developing educational materials about ginseng, 8,187
ginseng regulation, and the Ohio ginseng management program. 8,188
Sec. 1518.23 1533.881. No person shall buy or otherwise 8,197
acquire or convey ginseng for resale or export without a 8,198
registration permit issued annually by the chief of the division 8,199
of natural areas and preserves WILDLIFE in accordance with rules 8,200
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 8,201
Code. In addition to any other penalty, the chief may refuse to 8,203
issue a permit to or suspend the permit of any person who fails 8,204
to comply with sections 1518.20 1533.86 to 1518.27 1533.90 of the 8,205
Revised Code or rules adopted under PURSUANT TO section 1518.22 8,206
1533.88 of the Revised Code. A person denied a permit is 8,207
entitled to a hearing in accordance with Chapter 119. of the 8,208
Revised Code. A person whose permit is to be suspended shall be 8,209
afforded the opportunity for a hearing under Chapter 119. of the 8,210
Revised Code prior to the final decision to suspend his permit. 8,211
Sec. 1518.24 1533.882. No person shall do any of the 8,220
following: 8,221
(A) Without written authorization from the chief of the 8,223
division of natural areas and preserves WILDLIFE, harvest wild 8,224
ginseng except during the harvesting season as established by 8,225
rule under ADOPTED PURSUANT TO section 1518.22 1533.88 of the 8,227
Revised Code; 8,228
(B) Without first obtaining written permission from the 8,230
person entitled to the ginseng, willfully destroy, injure, or 8,231
192
harvest ginseng that is the property of that person, except that 8,232
wild ginseng may be harvested on public property when the public 8,233
entity that is responsible for the property has authorized 8,234
permission to harvest wild ginseng; 8,235
(C) Ship or otherwise transport out of state ginseng that 8,237
has not been certified in accordance with rules adopted under 8,238
PURSUANT TO division (B) of section 1518.22 1533.88 of the 8,240
Revised Code;
(D) Except during the buying season as established by rule 8,242
under ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised 8,244
Code, buy, otherwise acquire, or sell uncertified ginseng; 8,245
(E) Fail to keep records as established by rule under 8,247
ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised Code; 8,248
(F) Possess ginseng from another state without a 8,250
certificate of legal taking issued by that state under its 8,251
ginseng management program; 8,252
(G) Knowingly provide incorrect or false information on or 8,254
in any permit application, report, export certificate, or other 8,255
document required by rules adopted under PURSUANT TO section 8,256
1518.22 1533.88 of the Revised Code; 8,257
(H) Violate any provision of sections 1518.20 1533.86 to 8,259
1518.27 1533.90 of the Revised Code or rules adopted under 8,261
PURSUANT TO section 1518.22 1533.88 of the Revised Code. 8,262
Sec. 1518.25 1533.89. Any sheriff, deputy sheriff, 8,271
marshal, deputy marshal, municipal police officer, township 8,272
constable, park, PRESERVE, or forest officer, conservancy 8,274
district police officer, or other law enforcement officer, within 8,275
the limits of his THE OFFICER'S jurisdiction, may enforce 8,276
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code 8,277
and rules adopted under PURSUANT TO section 1518.22 1533.88 of 8,278
the Revised Code, and any preserve or wildlife officer may 8,279
enforce those sections and rules throughout the state. 8,281
Sec. 1518.26 1533.891. The chief of the division of 8,290
natural areas and preserves WILDLIFE shall seize any ginseng 8,292
193
harvested or acquired in violation of any provision of sections 8,293
1518.20 1533.86 to 1518.27 1533.90 of the Revised Code or rules 8,295
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 8,296
Code. Ginseng so seized is forfeited to the state, to be 8,297
disposed of as directed by the chief.
Sec. 1518.27 1533.90. Unless otherwise directed by the 8,306
director of natural resources, all fee FEES, fines, penalties, 8,307
and forfeitures arising from prosecutions, convictions, 8,308
confiscations, or other actions taken under sections 1518.20 8,309
1533.86 to 1518.27 1533.90 of the Revised Code shall be paid into 8,310
the state treasury to the credit of the ginseng management 8,311
program WILDLIFE fund, which is hereby created UNDER SECTION 8,313
1531.17 OF THE REVISED CODE, to be used for the administration of 8,314
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code. 8,315
Sec. 1533.99. (A) Whoever violates section 1533.17 of the 8,324
Revised Code is guilty of a minor misdemeanor. If the offender 8,325
persists in the offense after reasonable warning or request to 8,326
desist, the offender is guilty of a misdemeanor of the fourth 8,327
degree. 8,328
(B) Whoever violates section 1533.161, 1533.23, 1533.24, 8,330
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 8,331
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 8,332
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 8,333
1533.80, division (F) of section 1533.731, of division (B) or (C) 8,334
of section 1533.97 of the Revised Code is guilty of a misdemeanor 8,335
of the third degree.
(C) Whoever violates division (B) of section 1533.03, 8,337
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 8,338
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 8,339
1533.721, 1533.881, OR 1533.882, division (B)(2) or (3) of 8,340
section 1533.731, or division (A) of section 1533.97 of the 8,341
Revised Code is guilty of a misdemeanor of the first degree. 8,342
(D) Whoever violates division (D) of section 1533.97 of 8,344
the Revised Code is guilty of a misdemeanor of the fourth degree. 8,345
194
The court shall require any person who is convicted of or pleads 8,346
guilty to the offense to refund to all participants in the 8,347
fishing tournament operated by the person any entry fees paid by 8,348
the participants. 8,349
(E) Whoever violates division (C) or (D) of section 8,351
1533.632 of the Revised Code is guilty of a felony of the fifth 8,352
degree.
(F) Whoever violates any section of this chapter for which 8,354
no penalty is otherwise provided is guilty of a misdemeanor of 8,355
the fourth degree. 8,356
(G) A court that imposes sentence for a violation of any 8,358
section of this chapter governing the holding, taking, or 8,359
possession of wild animals shall require the person who is 8,360
convicted of or pleads guilty to the offense, in addition to any 8,361
fine, term of imprisonment, seizure, and forfeiture imposed, to 8,362
make restitution for the minimum value of the wild animal or 8,363
animals illegally held, taken, or possessed as established under 8,364
section 1531.201 of the Revised Code. An officer who collects 8,365
moneys paid as restitution under this section shall pay those 8,366
moneys to the treasurer of state who shall deposit them in the 8,367
state treasury to the credit of the wildlife fund established 8,368
under section 1531.17 of the Revised Code. 8,369
Sec. 1541.03. All lands and waters dedicated and set apart 8,378
for state park purposes shall be under the control and management 8,379
of the division of parks and recreation, which shall protect, 8,380
maintain, and keep them in repair. The division shall have the 8,381
following powers over all such lands and waters: 8,382
(A) To make alterations and improvements; 8,384
(B) To construct and maintain dikes, wharves, landings, 8,386
docks, dams, and other works; 8,387
(C) To construct and maintain such roads and drives in, 8,389
around, upon, and to such THE lands and waters as shall TO make 8,391
them conveniently accessible and useful to the public;
(D) To adopt, rescind AMEND, and amend RESCIND, in 8,394
195
accordance with sections 119.01 to 119.13 CHAPTER 119. of the 8,395
Revised Code, rules necessary for the proper management of state 8,396
parks, bodies of water, and the lands adjacent thereto TO THEM 8,397
under its jurisdiction and control, including the following:
(1) Governing opening and closing times and dates of such 8,399
THE parks; 8,400
(2) Establishing fees and charges for admission to state 8,402
parks and for use of facilities therein IN THEM; 8,403
(3) Governing camps, camping, and fees therefor FOR CAMPS 8,405
AND CAMPING; 8,406
(4) Governing the application for and rental of cabins, 8,408
rental fees therefor FOR, and the use of cabins; 8,409
(5) Relating to public use of state park lands, and 8,411
governing THE operation of motor vehicles, including speeds, and 8,412
parking, on such THOSE lands; 8,413
(6) Uniform rules governing GOVERNING all advertising 8,415
within state parks and the requirements for the operation of 8,416
places selling tangible personal property and control of food 8,417
service sales on lands and waters under the control of the 8,418
division, WHICH RULES SHALL ESTABLISH UNIFORM REQUIREMENTS; 8,419
(7) Providing uniform standards relating to THE size, 8,421
type, location, construction, and maintenance of structures and 8,422
devices used for fishing or moorage of watercraft, rowboats, 8,423
sailboats, and powercraft, as those terms are defined in section 8,424
1547.01 of the Revised Code, over waters under the control of the 8,425
division and establishing reasonable fees for THE construction of 8,426
and annual use permits for those structures and devices; 8,427
(8) Governing state beaches, swimming, inflatable devices, 8,429
and fees therefor FOR THEM; 8,430
(9) Governing THE removal and disposition of any 8,432
watercraft, rowboat, sailboat, or powercraft, as those terms are 8,433
defined in section 1547.01 of the Revised Code, left unattended 8,434
for more than seven days on any lands or waters under the control 8,435
of the division; 8,436
196
(10) GOVERNING THE ESTABLISHMENT AND COLLECTION OF CHECK 8,438
COLLECTION CHARGES FOR CHECKS THAT ARE RETURNED TO THE DIVISION 8,439
OR DISHONORED FOR ANY REASON. 8,440
Every resident of this state with a disability that has 8,442
been determined by the veterans administration to be permanently 8,443
and totally disabling, who receives a pension or compensation 8,444
from the veterans administration, and who received an honorable 8,445
discharge from the armed forces of the United States, and every 8,446
veteran to whom the registrar of motor vehicles has issued a set 8,447
of license plates under section 4503.101 4503.41 of the Revised 8,449
Code, shall be exempt from the fees for camping, provided THAT
the resident or veteran carries in the state park such evidence 8,450
of his THE RESIDENT'S OR VETERAN'S disability as the chief of the 8,451
division of parks and recreation prescribes by rule. 8,452
Every resident of this state who is sixty-five years of age 8,454
or older or who is permanently and totally disabled and who 8,455
furnishes evidence of such THAT age or disability in a manner 8,456
prescribed by division rule shall be charged one-half of the 8,457
regular fee for camping, except on the week-ends and holidays 8,458
designated by the division. No such SUCH A person shall NOT be 8,460
charged more than ninety per cent of the regular charges for
state recreational facilities, equipment, services, and food 8,461
service operations utilized by him THE PERSON at any time of 8,462
year, whether maintained or operated by the state or leased for 8,463
operation by another entity. 8,464
As used in this section, "food service operations" means 8,466
restaurants which THAT are owned by the department of natural 8,467
resources at Hocking Hills, Lake Hope, Malabar Farm, and Rocky 8,468
Fork state parks, or are part of a state park lodge. It "FOOD 8,470
SERVICE OPERATIONS" does not include automatic vending machines, 8,471
concession stands, or snack bars.
As used in this section, "prisoner of war" means any 8,473
regularly appointed, enrolled, enlisted, or inducted member of 8,474
the military forces of the United States who was captured, 8,475
197
separated, and incarcerated by an enemy of the United States. Any 8,477
person who has been a prisoner of war, was honorably discharged 8,478
from the military forces, and is a resident of this state is 8,479
exempt from the fees for camping. To claim this exemption, the 8,480
person shall present written evidence in the form of a record of 8,481
separation, a letter from one of the military forces of the 8,482
United States, or such other evidence as the chief prescribes by 8,483
rule that satisfies the eligibility criteria established by this 8,484
section for this exemption.
Sec. 1541.10. Any person selected by the chief of the 8,493
division of parks and recreation for custodial or patrol service 8,494
on the lands and waters operated or administered by the division 8,495
OF PARKS AND RECREATION shall be employed in conformity with the 8,496
law applicable to the classified civil service of the state. 8,498
Subject to section 1541.11 of the Revised Code, the chief may 8,499
designate that person as a park officer. A park officer has, on 8,501
any lands and waters owned, controlled, maintained, or
administered by the department of natural resources and on 8,502
roadways HIGHWAYS, AS DEFINED IN SECTION 4511.01 OF THE REVISED 8,503
CODE, adjacent to lands and waters owned, controlled, maintained, 8,505
or administered by the division of parks and recreation, HAS the 8,506
authority vested in police PEACE officers under section 2935.03 8,507
of the Revised Code to keep the peace, to enforce all laws and 8,508
all rules governing those lands and waters, and to make arrests 8,509
for violation of those laws and rules, provided that such THE 8,510
authority shall be exercised on lands or waters administered by
another division of the department only pursuant to an agreement 8,511
with the chief of that division or to a request for assistance by 8,512
an enforcement officer of that division in an emergency. A park 8,513
officer, in or along any watercourse within, abutting, or 8,514
upstream from the boundary of any area administered by the 8,515
department, has the authority to enforce section 3767.32 of the 8,516
Revised Code and any other laws prohibiting the dumping of refuse 8,517
into or along waters and to make arrests for violation of those 8,518
198
laws. The jurisdiction of park officers shall be concurrent with 8,519
that of the peace officers of the county, township, or municipal 8,520
corporation in which the violation occurs. A state park, for 8,521
purposes of this section, is any area that is administered as a 8,522
state park by the division of parks and recreation. 8,523
The governor, upon the recommendation of the chief, shall 8,525
issue to each park officer a commission indicating authority to 8,526
make arrests as provided in this section. 8,527
The chief shall furnish a suitable badge to each 8,529
commissioned park officer as evidence of that park officer's 8,530
authority. 8,531
If any person employed under this section is designated by 8,533
the chief to act as an agent of the state in the collection of 8,534
money MONEYS resulting from the sale of licenses, fees of any 8,535
nature, or other moneys belonging to the state, the chief shall 8,536
require a surety bond from that person in an amount not less than 8,537
one thousand dollars. 8,538
A park officer may render assistance to a state or local 8,540
law enforcement officer at the request of that officer or may 8,541
render assistance to a state or local law enforcement officer in 8,542
the event of an emergency. 8,543
Park officers serving outside the division of parks and 8,545
recreation under this section or serving under the terms of a 8,546
mutual aid compact authorized under section 1501.02 of the 8,547
Revised Code shall be considered as performing services within 8,548
their regular employment for the purposes of compensation, 8,549
pension or indemnity fund rights, workers' compensation, and 8,550
other rights or benefits to which they may be entitled as 8,551
incidents of their regular employment. 8,552
Park officers serving outside the division of parks and 8,554
recreation under this section or under a mutual aid compact 8,555
retain personal immunity from civil liability as specified in 8,556
section 9.86 of the Revised Code and shall not be considered an 8,557
employee of a political subdivision for purposes of Chapter 2744. 8,558
199
of the Revised Code. A political subdivision that uses park 8,559
officers under this section or under the terms of a mutual aid 8,560
compact authorized under section 1501.02 of the Revised Code is 8,561
not subject to civil liability under Chapter 2744. of the Revised 8,562
Code as the result of any action or omission of any park officer 8,563
acting under this section or under a mutual aid compact. 8,564
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25, 8,573
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 8,574
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the 8,575
Revised Code, "watercraft" means any of the following when used 8,576
or capable of being used for transportation on the water: 8,577
(1) A boat VESSEL operated by machinery either permanently 8,579
or temporarily affixed; 8,580
(2) A sailboat other than a sailboard; 8,582
(3) An inflatable, manually propelled boat having a hull 8,584
identification number meeting the requirements of the United 8,585
States coast guard; 8,586
(4) A canoe or row boat ROWBOAT. 8,588
"Watercraft" does not include ferries as referred to in 8,590
Chapter 4583. of the Revised Code. 8,591
Watercraft subject to section 1547.54 of the Revised Code 8,593
shall be divided into five classes as follows: 8,594
Class A: Less than sixteen feet in length; 8,596
Class 1: At least sixteen feet, but less than twenty-six 8,598
feet in length; 8,599
Class 2: At least twenty-six feet, but less than forty 8,601
feet in length; 8,602
Class 3: At least forty feet, but less than sixty-five 8,605
feet in length; 8,606
Class 4: At least sixty-five feet in length. 8,608
(B) As used in this chapter: 8,610
(1) "Vessel" includes every description of watercraft, 8,612
including nondisplacement craft and seaplanes, used or capable of 8,613
being used as a means of transportation on water. 8,614
200
(2) "Rowboat" means any vessel designed to be rowed and 8,616
that is propelled by human muscular effort by oars or paddles and 8,619
upon which no mechanical propulsion device, electric motor,
internal combustion engine, or sail has been affixed or is used 8,620
for the operation of the vessel. 8,621
(3) "Sailboat" means any vessel, equipped with mast and 8,623
sails, dependent upon the wind to propel it in the normal course 8,624
of operation. 8,625
(a) Any sailboat equipped with an inboard engine is deemed 8,627
a powercraft with auxiliary sail. 8,628
(b) Any sailboat equipped with detachable motor is deemed 8,630
a sailboat with auxiliary power. 8,631
(c) Any sailboat being propelled by mechanical power, 8,633
whether under sail or not, is deemed a powercraft and subject to 8,634
all laws and rules governing powercraft operation. 8,635
(4) "Powercraft" means any vessel propelled by machinery, 8,637
fuel, rockets, or similar device. 8,638
(5) "Person" includes any legal entity defined as a person 8,640
in section 1.59 of the Revised Code and any body politic, except 8,641
the United States and this state, and includes any agent, 8,642
trustee, executor, receiver, assignee, or other representative 8,643
thereof.
(6) "Owner" includes any person who claims lawful 8,645
possession of a vessel by virtue of legal title or equitable 8,646
interest therein that entitled the person to that possession. 8,648
(7) "Operator" includes any person who navigates or has 8,650
under the person's control a vessel, or vessel and detachable 8,652
motor, on the waters in this state. 8,653
(8) "Visible" means visible on a dark night with clear 8,655
atmosphere. 8,656
(9) "Waters in this state" means all streams, rivers, 8,658
lakes, ponds, marshes, watercourses, waterways, and other bodies 8,660
of water, natural or humanmade, that are situated wholly or 8,662
partially within this state or within its jurisdiction and are 8,663
201
used for recreational boating.
(10) "Navigable waters" means waters that come under the 8,665
jurisdiction of the department of the army of the United States 8,666
and any waterways within or adjacent to this state, except inland 8,667
lakes having neither a navigable inlet nor outlet. 8,668
(11) "In operation" in reference to a vessel means that 8,670
the vessel is being navigated or otherwise used on the waters in 8,672
this state. 8,673
(12) "Sewage" means human body wastes and the wastes from 8,675
toilets and other receptacles intended to receive or retain body 8,676
waste. 8,677
(13) "Canoe" means a narrow vessel of shallow draft, 8,679
pointed at both ends and propelled by human muscular effort, and 8,680
includes kayaks. 8,681
(14) "Coast guard approved" means bearing an approval 8,683
number assigned by the United States coast guard. 8,684
(15) "Type one personal flotation device" means a device 8,686
that is designed to turn an unconscious person floating in water 8,688
from a face downward position to a vertical or slightly face 8,689
upward position and that has at least nine kilograms, 8,691
approximately twenty pounds, of buoyancy. 8,692
(16) "Type two personal flotation device" means a device 8,694
that is designed to turn an unconscious person in the water from 8,696
a face downward position to a vertical or slightly face upward 8,697
position and that has at least seven kilograms, approximately 8,699
fifteen and four-tenths pounds, of buoyancy. 8,700
(17) "Type three personal flotation device" means a device 8,702
that is designed to keep a conscious person in a vertical or 8,704
slightly face upward position and that has at least seven 8,706
kilograms, approximately fifteen and four-tenths pounds, of 8,707
buoyancy. 8,708
(18) "Type four personal flotation device" means a device 8,710
that is designed to be thrown to a person in the water and not 8,712
worn and that has at least seven and five-tenths kilograms, 8,715
202
approximately sixteen and five-tenths pounds, of buoyancy. 8,716
(19) "Type five personal flotation device" means a device 8,719
that, unlike other personal flotation devices, has limitations on 8,720
its approval by the United States coast guard, including, without 8,721
limitation, all of the following: 8,722
(a) The approval label on the type five personal flotation 8,724
device indicates that the device is approved for the activity in 8,725
which the vessel is being used or as a substitute for a personal 8,726
flotation device of the type required on the vessel in use; 8,727
(b) The personal flotation device is used in accordance 8,729
with any requirements on the approval label; 8,730
(c) The personal flotation device is used in accordance 8,732
with requirements in its owner's manual if the approval label 8,733
refers to such a manual. 8,734
(20) "Inflatable watercraft" means any vessel constructed 8,736
of rubber, canvas, or other material that is designed to be 8,738
inflated with any gaseous substance, constructed with two or more 8,739
air cells, and operated as a vessel. Inflatable watercraft 8,740
propelled by a motor shall be classified as powercraft and shall 8,741
be registered by length. 8,742
(21) "Idle speed" means the slowest possible speed needed 8,744
to maintain steerage or maneuverability. 8,745
(22) "Diver's flag" means a red flag not less than one 8,747
foot square having a diagonal white stripe extending from the 8,748
masthead to the opposite lower corner that when displayed 8,749
indicates that divers are in the water. 8,750
(23) "Muffler" means an acoustical suppression device or 8,753
system that is designed and installed to abate the sound of 8,754
exhaust gases emitted from an internal combustion engine and that 8,755
prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law 8,757
enforcement and under the command of a law enforcement officer. 8,758
(25) "Personal watercraft" means a vessel, less than 8,760
sixteen feet in length, that is propelled by machinery and 8,761
203
designed to be operated by an individual sitting, standing, or 8,762
kneeling on the vessel rather than by an individual sitting or 8,763
standing inside the vessel.
(26) "No wake" has the same meaning as "idle speed." 8,765
(C) Unless otherwise provided, this chapter applies to all 8,767
vessels operating on the waters in this state. Nothing in this 8,768
chapter shall be construed in contravention of any valid federal 8,769
act or rule REGULATION, but is in addition to the act or rule 8,771
REGULATION where not inconsistent.
The state reserves to itself the exclusive right to 8,773
regulate the minimum equipment requirements of watercraft and 8,774
vessels operated on the waters in this state. 8,775
Sec. 1547.03. No person shall install or use any 8,784
intermittently flashing light of any type or color on any vessel 8,785
in use or operation on the waters in this state, except that such 8,786
flashing lights may be installed and used in an emergency to 8,787
attract attention to such an emergency for aid and relief of the 8,788
distressed, and except that a blue revolving or flashing
horizontal beam located at any effective point on the vessel may 8,789
be displayed by authorized patrol boats when engaged in law 8,790
enforcement duties day or night on waters in this state IN 8,791
ACCORDANCE WITH FEDERAL LAW.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 8,793
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 8,794
Sec. 1547.04. No person, except an authorized watercraft 8,803
representative of the federal government, the state, or any of 8,804
its political subdivisions shall use or operate a siren on the 8,805
waters in this state except for emergency purposes. 8,806
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 8,808
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 8,809
Sec. 1547.08. (A) No person shall operate a vessel within 8,817
or through a designated bathing area or within or through any 8,818
area that has been buoyed off designating it as an area in which 8,819
vessels are prohibited. 8,820
204
(B)(1) No person shall operate a vessel at greater than 8,822
idle speed or at a speed that creates a wake within three hundred 8,823
feet of any marina, boat docking facility, boat gasoline dock, 8,824
launch ramp, recreational boat harbor, or harbor entrance, or 8,825
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 8,826
within any water between the Dan Beard bridge and the Brent 8,827
Spence bridge on the Ohio river for any vessel not documented by 8,828
the United States coast guard as commercial, or within any area 8,829
buoyed or marked as a no wake area.
(2) Division (B)(1) of this section does not apply in any 8,832
of the following places:
(a) The Muskingum river UNLESS THE RIVER IS MARKED BY A 8,834
BUOY OR SIGN AS A NO WAKE OR IDLE SPEED AREA; 8,835
(b) Any other area designated by the chief of the division 8,838
of watercraft unless it is marked by a buoy or sign as a no wake 8,839
or idle speed area;
(c) Within any water between the Dan Beard bridge and the 8,842
Brent Spence bridge on the Ohio river when the United States 8,843
coast guard has authorized the holding of a special event of a 8,844
community nature on that water.
(C) No person shall operate a vessel in any area of 8,846
restricted or controlled operation in violation of the designated 8,847
restriction. 8,848
(D) No person shall operate a vessel within three hundred 8,850
feet of an official diver's flag unless he THE PERSON is 8,851
tendering the diving operation. 8,852
(E) All areas of restricted or controlled operation as 8,854
described in division (A) of this section or as provided for in 8,855
section 1547.14 or 1547.61 of the Revised Code shall be marked by 8,856
a buoy or sign designating the restriction. All waters 8,857
surrounded by or lying between such a buoy or sign and the 8,858
closest shoreline are thereby designated as an area in which the 8,859
designated restrictions shall apply in the operation of any 8,860
vessel. 8,861
205
Markings on buoys designating areas of restricted or 8,863
controlled operation shall be so spaced as to show all around the 8,864
horizon. Lineal spacing between the buoys shall be such that 8,865
under normal conditions of visibility any buoy shall be readily 8,866
visible from the next adjacent buoy. No colors or symbols, 8,867
except as provided for in rules of the chief, shall be used on 8,868
buoys or signs for marking closed or controlled areas of boating 8,870
waters.
Any state department, conservancy district, or political 8,872
subdivision having jurisdiction and control of impounded boating 8,873
waters may place such buoys or signs on its waters. Any 8,874
political subdivision may apply to the chief for permission to 8,875
place such buoys or signs on other waters within its territorial 8,878
limits. No person shall place or cause to be placed a regulatory 8,880
buoy or sign on, into, or along the waters in this state unless 8,882
the person has complied with all the provisions of this chapter. 8,883
(F) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 8,885
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 8,886
Sec. 1547.09. No person shall moor or anchor any vessel in 8,895
a designated speed zone or water ski zone. No person, unless in 8,896
distress and no other vessel is endangered thereby, shall moor 8,897
to, anchor to, or tie up to any marker, aid, buoy, light, or 8,898
other aid to navigation.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 8,900
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 8,901
Sec. 1547.111. (A) Any person who operates a vessel or 8,910
uses any water skis, aquaplane, or similar device upon any waters 8,911
in this state shall be deemed to have given consent to a chemical 8,912
test or tests of his THE PERSON'S blood, breath, or urine for the 8,914
purpose of determining its alcohol or drug of abuse content if
arrested for the offense of operating a vessel or using any water 8,916
skis, aquaplane, or similar device in violation of section 8,917
1547.11 of the Revised Code. The test or tests shall be 8,918
administered at the direction of a law enforcement officer having 8,919
206
reasonable grounds to believe the person to have been operating a 8,920
vessel or using any water skis, aquaplane, or similar device in 8,921
violation of section 1547.11 of the Revised Code. The law 8,922
enforcement agency by which the officer is employed shall 8,923
designate which of the tests shall be administered. 8,924
(B) Any person who is dead, unconscious, or who is 8,926
otherwise in a condition rendering him THE PERSON incapable of 8,927
refusal shall be deemed not to have withdrawn consent provided by 8,929
division (A) of this section and the test or tests may be 8,930
administered, subject to sections 313.12 to 313.16 of the Revised 8,931
Code.
(C) Any person under arrest for the offense of operating a 8,933
vessel or using any water skis, aquaplane, or similar device in 8,934
violation of section 1547.11 of the Revised Code shall be advised 8,935
of the consequences of his refusal REFUSING to submit to a 8,936
chemical test designated by the law enforcement agency as 8,938
provided in division (A) of this section. The advice shall be in 8,939
a written form prescribed by the chief of the division of 8,940
watercraft and shall be read to the person. The form shall 8,941
contain a statement that the form was shown to the person under 8,942
arrest and read to him THE PERSON in the presence of the 8,943
arresting officer and either another law enforcement officer, A 8,944
civilian law enforcement employee, or an employee of a hospital, 8,945
first-aid station, or clinic, if any, to which the person has 8,946
been taken for first-aid or medical treatment. The witnesses 8,947
shall certify to this fact by signing the form. 8,948
(D) If a person under arrest for the offense of operating 8,950
a vessel or using any water skis, aquaplane, or similar device in 8,951
violation of section 1547.11 of the Revised Code refuses upon the 8,952
request of a law enforcement officer to submit to a chemical test 8,953
designated by the law enforcement agency as provided in division 8,954
(A) of this section, after first having been advised of the 8,955
consequences of his THE refusal as provided in division (C) of 8,956
this section, no chemical test shall be given, but the chief of 8,957
207
the division of watercraft, upon receipt of a sworn statement of 8,958
the law enforcement officer that he THE LAW ENFORCEMENT OFFICER 8,959
had reasonable grounds to believe the arrested person had been 8,960
operating a vessel or using any water skis, aquaplane, or similar 8,961
device while under the influence of alcohol or a drug of abuse, 8,962
UNDER the combined influence of alcohol and a drug of abuse, or 8,963
with a prohibited concentration of alcohol in his THE PERSON'S 8,964
blood, urine, or breath, and that the person refused to submit to 8,965
the chemical test upon the request of the law enforcement 8,966
officer, and upon receipt of the form as provided in division (C) 8,967
of this section certifying that the arrested person was advised 8,968
of the consequences of his THE refusal, shall inform the person 8,969
by written notice that he THE PERSON is prohibited from operating 8,971
a vessel or using any water skis, aquaplane, or similar device, 8,972
and is prohibited from registering any watercraft in accordance 8,973
with section 1547.54 of the Revised Code, for one year following 8,974
the date of the alleged violation of section 1547.11 of the 8,975
Revised Code. The suspension of these operation, use, and 8,976
registration privileges shall continue for the entire one-year 8,977
period, subject to review as provided in this section. 8,978
If the person under arrest is the owner of the vessel 8,980
involved in the alleged violation, the LAW ENFORCEMENT OFFICER 8,982
WHO ARRESTED THE PERSON SHALL SEIZE THE WATERCRAFT REGISTRATION 8,983
CERTIFICATE AND TAGS FROM THE VESSEL INVOLVED IN THE VIOLATION 8,984
AND FORWARD THEM TO THE CHIEF. THE chief of the division of 8,986
watercraft, in addition to informing him THE PERSON by written 8,988
notice that he THE PERSON is prohibited from operating a vessel 8,989
or using any water skis, aquaplane, or similar device, and from 8,991
registering any watercraft in accordance with section 1547.54 of 8,992
the Revised Code, for one year following the date of the alleged 8,993
violation, shall RETAIN THE IMPOUNDED REGISTRATION CERTIFICATE 8,994
AND TAGS, AND SHALL impound the ALL OTHER registration 8,995
certificate CERTIFICATES and tags issued to the person in 8,996
accordance with sections 1547.54 and 1547.57 of the Revised Code, 8,997
208
for a period of one year following the date of the alleged 8,998
violation. The registration certificate and tags may be 8,999
impounded on the date of the alleged violation and such 9,000
impoundment shall continue for the entire one-year period, 9,001
subject to review as provided in this section. 9,002
IF THE ARRESTED PERSON FAILS TO SURRENDER THE REGISTRATION 9,005
CERTIFICATE BECAUSE IT IS NOT ON THE PERSON OF THE ARRESTED 9,006
PERSON OR IN THE WATERCRAFT, THE LAW ENFORCEMENT OFFICER WHO MADE 9,007
THE ARREST SHALL ORDER THE PERSON TO SURRENDER IT WITHIN 9,008
TWENTY-FOUR HOURS TO THE LAW ENFORCEMENT OFFICER OR THE LAW 9,009
ENFORCEMENT AGENCY THAT EMPLOYS THE LAW ENFORCEMENT OFFICER. IF 9,011
THE PERSON FAILS TO DO SO, THE LAW ENFORCEMENT OFFICER SHALL 9,012
NOTIFY THE CHIEF OF THAT FACT IN THE STATEMENT THE OFFICER 9,013
SUBMITS TO THE CHIEF UNDER THIS DIVISION.
(E) Upon suspending a person's operation, use, and 9,015
registration privileges in accordance with division (D) of this 9,016
section, the chief of the division of watercraft shall notify the 9,017
person in writing, at his THE PERSON'S last known address, and 9,018
inform him THE PERSON that he THE PERSON may petition for a 9,020
hearing in accordance with division (F) of this section. If a
person whose operation, use, and registration privileges have 9,021
been suspended petitions for a hearing or appeals any decision 9,022
that is adverse to him THE PERSON, the suspension of privileges 9,023
shall begin at the termination of any hearing or appeal unless 9,024
the hearing or appeal resulted in a decision favorable to the 9,025
person. 9,026
(F) Any person who has been notified by the chief of the 9,028
division of watercraft that he THE PERSON is prohibited from 9,029
operating a vessel or using any water skis, aquaplane, or similar 9,030
device, and from registering any watercraft in accordance with 9,032
section 1547.54 of the Revised Code, or who has had the 9,033
registration certificate and tags of his THE PERSON'S watercraft 9,034
impounded pursuant to division (D) of this section, may, within 9,036
twenty days of the notification or impoundment, MAY file a 9,037
209
petition in the municipal court or the county court, or in case 9,038
IF the person is a minor in juvenile court, in whose jurisdiction 9,040
the arrest occurred, agreeing to pay the cost of the proceedings 9,041
and alleging error in the action taken by the chief of the 9,042
division of watercraft under division (D) of this section or 9,043
alleging one or more of the matters within the scope of the 9,044
hearing as provided in this section, or both. The petitioner 9,045
shall notify the chief of the division of watercraft of the 9,046
filing of the petition and send him THE CHIEF a copy of the 9,047
petition.
The scope of the hearing is limited to the issues of 9,049
whether the law enforcement officer had reasonable grounds to 9,050
believe the petitioner was operating a vessel or using any water 9,051
skis, aquaplane, or similar device while under the influence of 9,052
alcohol or a drug of abuse, UNDER the combined influence of 9,053
alcohol and a drug of abuse, or with a prohibited concentration 9,054
of alcohol or a drug of abuse in his THE PERSON'S blood, urine, 9,055
or breath, whether the petitioner was placed under arrest, 9,057
whether the petitioner refused to submit to the chemical test 9,058
upon request of the officer, and whether he THE PETITIONER was 9,059
advised of the consequences of his THE refusal. 9,060
(G)(1) The chief of the division of watercraft shall 9,062
furnish the court a copy of the affidavit as provided in division 9,063
(C) of this section and any other relevant information requested 9,064
by the court. 9,065
(2) In hearing the matter and in determining whether the 9,067
person has shown error in the decision taken by the chief of the 9,068
division of watercraft as provided in division (D) of this 9,069
section, the court shall decide the issue upon the relevant, 9,070
competent, and material evidence submitted by the chief of the 9,071
division of watercraft or the person whose operation, use, and 9,072
registration privileges have been suspended. 9,073
IN THE PROCEEDINGS, THE CHIEF SHALL BE REPRESENTED BY THE 9,076
PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PETITION IS FILED 9,077
210
IF THE PETITION IS FILED IN A COUNTY COURT OR JUVENILE COURT, 9,078
EXCEPT THAT IF THE ARREST OCCURRED WITHIN A CITY OR VILLAGE 9,079
WITHIN THE JURISDICTION OF THE COUNTY COURT IN WHICH THE PETITION 9,080
IS FILED, THE CITY DIRECTOR OF LAW OR VILLAGE SOLICITOR OF THAT 9,081
CITY OR VILLAGE SHALL REPRESENT THE CHIEF. IF THE PETITION IS 9,082
FILED IN THE MUNICIPAL COURT, THE CHIEF SHALL BE REPRESENTED AS 9,083
PROVIDED IN SECTION 1901.34 OF THE REVISED CODE. 9,085
(3) If the court finds from the evidence submitted that 9,087
the person has failed to show error in the action taken by the 9,088
chief of the division of watercraft under division (D) of this 9,089
section or in one or more of the matters within the scope of the 9,090
hearing as provided in division (F) of this section, or both, 9,091
then the court shall assess the cost of the proceeding against 9,092
the person and shall uphold the suspension of the operation, use, 9,093
and registration privileges provided in division (D) of this 9,094
section. If the court finds that the person has shown error in 9,095
the action taken by the chief of the division of watercraft under 9,096
division (D) of this section or in one or more of the matters 9,097
within the scope of the hearing as provided in division (F) of 9,098
this section, or both, the cost of the proceedings shall be paid 9,099
out of the county treasury of the county in which the proceedings 9,100
were held, the operation, use, and registration privileges of the 9,101
person shall be reinstated without charge, and the registration 9,102
certificate and tags, if impounded, shall be returned without 9,103
charge. 9,104
(4) The court shall give information in writing of any 9,106
action taken under this section to the chief of the division of 9,107
watercraft. 9,108
(H) At the end of any period of suspension or impoundment 9,110
imposed under this section, and upon request of the person whose 9,111
operation, use, and registration privileges were suspended or 9,112
whose registration certificate and tags were impounded, the chief 9,113
of the division of watercraft shall reinstate the person's 9,114
operation, use, and registration privileges by written notice and 9,115
211
return the certificate and tags. 9,116
(I) No person who has received written notice from the 9,118
chief of the division of watercraft that he THE PERSON is 9,119
prohibited from operating a vessel or using any water skis, 9,120
aquaplane, or similar device, and from registering a watercraft, 9,122
or who has had the registration certificate and tags of his THE 9,123
PERSON'S watercraft impounded, in accordance with division (D) of 9,125
this section, shall operate a vessel or use any water skis, 9,126
aquaplane, or similar device for a period of one year following 9,127
the date of his THE PERSON'S alleged violation of section 1547.11 9,128
of the Revised Code.
Sec. 1547.12. No person shall operate any vessel if the 9,137
person is so mentally or physically incapacitated as to be unable 9,138
to operate the vessel in a safe and competent manner. 9,139
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,141
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,142
Sec. 1547.13. (A) No person shall fail to comply with any 9,151
lawful order or direction of any law enforcement officer having 9,152
authority to direct, control, or regulate the operation or use of 9,153
vessels.
(B) No person shall operate any vessel so as to purposely 9,155
elude or flee from a law enforcement officer after receiving a 9,156
visible or audible signal from a law enforcement officer to bring 9,157
the vessel to a stop.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 9,159
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,161
Sec. 1547.131. Upon the approach of a law enforcement 9,170
vessel with at least one blue flashing, rotating, or oscillating 9,171
light OF A COLOR CONFORMING WITH THE REQUIREMENTS OF FEDERAL LAW, 9,172
the operator of any vessel shall stop if followed or give way in 9,174
any crossing, head-on, or overtaking situation, and shall remain 9,175
in such THAT position until the law enforcement vessel has 9,177
passed, except when otherwise directed by a law enforcement
officer. If traffic conditions warrant, a siren or other sound 9,178
212
producing device also may be operated as an additional signaling 9,179
device. This section does not relieve the operator of any law 9,180
enforcement vessel from the duty to operate with due regard for 9,181
the safety of all persons and property on the waters in this
state.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,183
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,185
Sec. 1547.14. (A) Except on the waters of Lake Erie, the 9,194
Ohio River, and immediately connected harbors and anchorage 9,195
facilities, any person who rides or attempts to ride upon one or 9,196
more water skis, surfboard, or similar device, or who engages or 9,197
attempts to engage in barefoot skiing, and any person who
operates a vessel towing a person riding or attempting to ride on 9,198
one or more water skis, surfboard, or similar device, or engaging 9,199
or attempting to engage in barefoot skiing, shall confine that 9,200
activity to the water area within a designated ski zone on all 9,201
bodies of water whereon ON WHICH a ski zone has been established. 9,203
(B) On all bodies of water designated as "open zone," that 9,205
is, having a combined speed and ski zone, the activities 9,206
described in division (A) of this section shall be confined to 9,207
the open zone.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 9,209
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,211
Sec. 1547.15. Any person who opeates OPERATES a vessel 9,220
towing any person riding or attempting to ride upon one or more 9,222
water skis, OR UPON A surfboard, or similar device, or engaging 9,225
or attempting to engage in barefoot skiing, on the waters in this
state shall have present in the vessel a person or persons other 9,226
than the operator, ten years of age or older, who shall at all 9,227
times observe the progress of the person being towed. The 9,228
operator of the towing vessel shall at all times observe the 9,229
traffic pattern toward which the vessel is approaching. 9,230
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,232
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,234
213
Sec. 1547.22. No occupant of any vessel underway on the 9,243
waters in this state shall sit, stand, or walk upon any portion 9,244
of the vessel not specifically designed for that movement, except 9,245
when immediately necessary for the safe and reasonable navigation 9,246
or operation of the vessel. No operator of a vessel under way on 9,247
the waters in this state shall allow any occupant of the vessel
to sit, stand, or walk on any portion of the vessel underway not 9,249
specifically designed for that use, except when immediately 9,250
necessary for the safe and reasonable navigation or operation of 9,252
the vessel.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,254
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,256
Sec. 1547.25. (A) No person shall operate or permit to be 9,265
operated any watercraft, OTHER THAN A COMMERCIAL VESSEL, on the 9,267
waters in this state:
(1) Sixteen THAT IS SIXTEEN feet or greater in length 9,269
without carrying aboard one type one, two, or three personal 9,271
flotation device for each person aboard and one type four 9,273
personal flotation device; 9,274
(2) Less THAT IS LESS than sixteen feet in length, 9,276
including canoes and kayaks of any length, without carrying 9,279
aboard one type one, two, or three personal flotation device for 9,281
each person aboard.
(B) A type five personal flotation device may be carried 9,284
in lieu of a type one, two, or three personal flotation device 9,286
required under division (A) of this section. 9,287
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 9,289
COMMERCIAL VESSEL ON THE WATERS IN THIS STATE: 9,290
(1) THAT IS LESS THAN FORTY FEET IN LENGTH AND IS NOT 9,292
CARRYING PERSONS FOR HIRE WITHOUT CARRYING ABOARD AT LEAST ONE 9,293
TYPE ONE, TWO, OR THREE PERSONAL FLOTATION DEVICE FOR EACH PERSON 9,295
ABOARD;
(2) THAT IS CARRYING PERSONS FOR HIRE OR IS FORTY FEET IN 9,297
LENGTH OR LONGER AND IS NOT CARRYING PERSONS FOR HIRE WITHOUT 9,298
214
CARRYING ABOARD AT LEAST ONE TYPE ONE PERSONAL FLOTATION DEVICE 9,299
FOR EACH PERSON ABOARD; 9,300
(3) THAT IS TWENTY-SIX FEET IN LENGTH OR LONGER WITHOUT 9,302
CARRYING ABOARD AT LEAST ONE TYPE FOUR RING LIFE BUOY IN ADDITION 9,304
TO THE APPLICABLE REQUIREMENTS OF DIVISIONS (C)(1) AND (2) OF 9,305
THIS SECTION. 9,306
(D) Each personal flotation device carried aboard a 9,308
watercraft OR COMMERCIAL VESSEL pursuant to this section shall be 9,309
coast guard approved and in good and serviceable condition, of 9,311
appropriate size for the wearer, and readily accessible to each 9,312
person aboard the watercraft at all times. 9,313
(E) AS USED IN THIS SECTION, "COMMERCIAL VESSEL" MEANS ANY 9,315
VESSEL USED IN THE CARRIAGE OF ANY PERSON OR PROPERTY FOR A 9,316
VALUABLE CONSIDERATION WHETHER FLOWING DIRECTLY OR INDIRECTLY 9,317
FROM THE OWNER, PARTNER, OR AGENT OR ANY OTHER PERSON INTERESTED 9,318
IN THE VESSEL. "COMMERCIAL VESSEL" DOES NOT INCLUDE ANY VESSEL 9,319
THAT IS MANUFACTURED OR USED PRIMARILY FOR NONCOMMERCIAL USE OR 9,320
THAT IS LEASED, RENTED, OR CHARTERED TO ANOTHER FOR NONCOMMERCIAL
USE.
Sec. 1547.251. (A) No person shall operate on the waters 9,330
of Lake Erie or the immediately connecting bays, harbors, and 9,331
anchorage areas AT ANY TIME a vessel:
(1) Sixteen THAT IS SIXTEEN or more feet in length or any 9,333
vessel carrying six or fewer passengers for hire without carrying 9,335
coast guard approved visual distress signals for both day and 9,336
night use;
(2) Less than sixteen feet in length between sunset and 9,338
sunrise without carrying coast guard approved distress signals 9,339
for night use. 9,340
The distress signals required by this division shall be in 9,342
good and serviceable condition, readily accessible, and of the 9,343
type and quantities required by the "Federal Boat Safety Act of 9,344
1971," 85 Stat. 213, 46 U.S.C.A. 1451, as amended. 9,345
(B) NO PERSON SHALL OPERATE UPON THE WATERS OF LAKE ERIE 9,349
215
OR THE IMMEDIATELY CONNECTING BAYS, HARBORS, AND ANCHORAGE AREAS 9,350
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 9,351
ANY OF THE FOLLOWING WITHOUT CARRYING COAST GUARD APPROVED VISUAL 9,352
DISTRESS SIGNALS FOR NIGHT USE: 9,353
(1) A VESSEL LESS THAN SIXTEEN FEET IN LENGTH; 9,355
(2) A VESSEL COMPETING IN AN ORGANIZED MARINE PARADE, 9,357
RACE, REGATTA, OR SIMILAR EVENT; 9,358
(3) A MANUALLY PROPELLED VESSEL; 9,360
(4) A SAILBOAT LESS THAN TWENTY-SIX FEET IN LENGTH WITH 9,362
COMPLETELY OPEN CONSTRUCTION AND WITHOUT PROPULSION MACHINERY. 9,364
(C) No person shall operate a vessel on the waters in this 9,367
state other than Lake Erie or the immediately connecting bays, 9,368
harbors, and anchorage AREAS unless the vessel carries either a
distress flag at least two feet square and international orange 9,369
in color or a coast guard approved daytime distress signal. 9,370
(C)(D) No person shall display any distress signal unless 9,372
a vessel or a person is in distress and in need of help. 9,373
(D)(E) Divisions (A) and (B)(C) of this section do not 9,376
apply to any of the following:
(1) Vessels competing in an organized marine parade, race, 9,378
regatta, or similar event; 9,379
(2) Manually propelled vessels; 9,381
(3) Sailboats less than twenty-six feet in length with 9,383
completely open construction and without propulsion machinery. 9,384
(F) THE DISTRESS SIGNALS REQUIRED BY THIS SECTION SHALL BE 9,386
IN GOOD AND SERVICEABLE CONDITION, READILY ACCESSIBLE, AND OF THE 9,387
TYPE AND QUANTITIES REQUIRED BY REGULATIONS ADOPTED UNDER 46 9,389
U.S.C. 4302, AS AMENDED.
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 9,391
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,392
Sec. 1547.26. All watercraft, except sailboats less than 9,401
sixteen feet long having a cockpit depth of less than twelve 9,402
inches and except canoes, shall carry an anchor and line of 9,403
sufficient weight and length to anchor the watercraft securely. 9,404
216
The chief may OF THE DIVISION OF WATERCRAFT, by rule, MAY exempt 9,405
other types of watercraft from this section if he determines 9,406
AFTER DETERMINING that carrying such AN anchor and line would 9,407
constitute a hazard. 9,408
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 9,410
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 9,412
SECTION.
Sec. 1547.30. (A) As used in this section and sections 9,421
1547.301, 1547.302, and 1547.304 of the Revised Code: 9,422
(1) "Vessel or outboard motor" excludes an abandoned junk 9,424
vessel or outboard motor, as defined in section 1547.303 of the 9,425
Revised Code, or any watercraft or outboard motor under section 9,426
4585.31 of the Revised Code. 9,427
(2) "Law enforcement agency" means any organization or 9,429
unit comprised of law enforcement officers, as defined in section 9,431
2901.01 of the Revised Code.
(B)(1) The sheriff of a county, chief of police of a 9,433
municipal corporation, township, or township police district, or 9,434
other chief of a law enforcement agency, within the sheriff's or 9,435
chief's respective territorial jurisdiction, upon complaint of 9,436
any person adversely affected, may order into storage any vessel 9,437
or outboard motor that has been left on private property, other 9,438
than a private dock or mooring facility or structure, for at 9,439
least seventy-two hours without the permission of the person 9,440
having the right to the possession of the property. The sheriff 9,441
or chief, upon complaint of the owner of a marine repair facility 9,442
or place of storage, may order into storage any vessel or 9,443
outboard motor that has been left at the facility or place of 9,444
storage for a longer period than that agreed upon. The place of 9,445
storage shall be designated by the sheriff or chief. When 9,446
ordering a vessel or motor into storage under division (B)(1) of 9,447
this section, a sheriff or chief, whenever possible, shall 9,449
arrange for the removal of the vessel or motor by a private tow 9,450
truck operator or towing company.
217
(2)(a) Except as provided in division (B)(2)(d) of this 9,453
section, no person, without the consent of the owner or other 9,454
person authorized to give consent, shall moor, anchor, or tie a 9,455
vessel OR OUTBOARD MOTOR at a private dock or mooring facility or 9,457
structure owned by another person if the owner has posted, in a 9,458
conspicuous manner, a prohibition against the mooring, anchoring,
or tying of vessels OR OUTBOARD MOTORS at the dock, facility, or 9,459
structure by any person not having the consent of the owner or 9,461
other person authorized to give consent.
(b) If the owner of a private dock or mooring facility or 9,463
structure has posted at the dock, facility, or structure, in a 9,464
conspicuous manner, conditions and regulations under which the 9,465
mooring, anchoring, or tying of vessels OR OUTBOARD MOTORS is 9,466
permitted at the dock, facility, or structure, no person, except 9,468
as provided in division (B)(2)(d) of this section, shall moor, 9,470
anchor, or tie a vessel OR OUTBOARD MOTOR at the dock, facility, 9,471
or structure in violation of the posted conditions and 9,472
regulations.
(c) The owner of a private dock or mooring facility or 9,474
structure may order towed into storage any vessel OR OUTBOARD 9,475
MOTOR found moored, anchored, or tied in violation of division 9,477
(B)(2)(a) or (b) of this section, provided that the owner of the 9,479
dock, facility, or structure posts on it a sign that states that 9,481
the dock, facility, or structure is private, is visible from all 9,482
entrances to the dock, facility, or structure, and contains all 9,483
of the following information:
(i) The information specified in division (B)(2)(a) or (b) 9,486
of this section, as applicable; 9,487
(ii) A notice that violators will be towed and that 9,489
violators are responsible for paying the cost of the towing; 9,490
(iii) The telephone number of the person from whom a towed 9,492
vessel OR OUTBOARD MOTOR may be recovered, and the address of the 9,493
place to which the vessel OR OUTBOARD MOTOR will be taken and the 9,495
place from which it may be recovered.
218
(d) Divisions (B)(2)(a) and (b) of this section do not 9,499
prohibit a person from mooring, anchoring, or tying a vessel OR 9,500
OUTBOARD MOTOR at a private dock or mooring facility or structure 9,501
if either of the following applies: 9,502
(i) The vessel OR OUTBOARD MOTOR is disabled due to a 9,504
mechanical or structural malfunction, provided that the person 9,506
immediately removes the vessel OR OUTBOARD MOTOR from the dock, 9,508
facility, or structure when the malfunction is corrected or when
a reasonable attempt has been made to correct it; 9,509
(ii) Weather conditions are creating an imminent threat to 9,511
safe operation of the vessel OR OUTBOARD MOTOR, provided that the 9,512
person immediately removes the vessel OR OUTBOARD MOTOR from the 9,514
dock, facility, or structure when the weather conditions permit 9,516
safe operation of the vessel OR OUTBOARD MOTOR.
(e) A person whose vessel OR OUTBOARD MOTOR is towed into 9,518
storage under division (B)(2)(c) of this section either shall pay 9,520
the costs of the towing of the vessel OR OUTBOARD MOTOR or shall 9,521
reimburse the owner of the dock or mooring facility or structure 9,523
for the costs that the owner incurs in towing the vessel OR 9,524
OUTBOARD MOTOR.
(3) Subject to division (C) of this section, the owner of 9,527
a vessel or motor that has been removed under division (B) of 9,528
this section may recover the vessel or motor only in accordance 9,530
with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor 9,532
that has been ordered into storage under division (B) of this 9,533
section arrives after the vessel or motor has been prepared for 9,534
removal, but prior to its actual removal from the property, the 9,535
owner or operator shall be given the opportunity to pay a fee of 9,536
not more than one-half of the charge for the removal of vessels 9,537
or motors under division (B) of this section that normally is 9,538
assessed by the person who has prepared the vessel or motor for 9,539
removal, in order to obtain release of the vessel or motor. Upon 9,540
payment of that fee, the vessel or motor shall be released to the 9,541
219
owner or operator, and upon its release, the owner or operator 9,542
immediately shall move it so that it is not on the private 9,543
property without the permission of the person having the right to 9,544
possession of the property, or is not at the facility or place of 9,545
storage without the permission of the owner, whichever is 9,546
applicable. 9,547
(D) Each county sheriff, each chief of police of a 9,549
municipal corporation, township, or township police district, and 9,550
each other chief of a law enforcement agency shall maintain a 9,551
record of vessels or outboard motors that are ordered into 9,553
storage under division (B)(1) of this section. The record shall
include an entry for each such vessel or motor that identifies 9,555
the vessel's hull identification number or serial number, if any, 9,556
the vessel's or motor's make, model, and color, the location from 9,557
which it was removed, the date and time of its removal, the 9,558
telephone number of the person from whom it may be recovered, and 9,559
the address of the place to which it has been taken and from 9,560
which it may be recovered. Any information in the record that 9,561
pertains to a particular vessel or motor shall be provided to any 9,562
person who, pursuant to a statement the person makes either in 9,563
person or by telephone, is identified as the owner or operator of 9,565
the vessel or motor and requests information pertaining to its
location. 9,566
(E) Any person who registers a complaint that is the basis 9,568
of a sheriff's or chief's order for the removal and storage of a 9,569
vessel or outboard motor under division (B)(1) of this section 9,570
shall provide the identity of the law enforcement agency with 9,571
which the complaint was registered to any person who, pursuant to 9,573
a statement the person makes, is identified as the owner or 9,574
operator of the vessel or motor and requests information 9,575
pertaining to its location.
(F)(1) The owner of a vessel or outboard motor that is 9,577
ordered into storage under division (B) of this section may 9,578
reclaim it upon payment of any expenses or charges incurred in 9,579
220
its removal, in an amount not to exceed two hundred dollars, and 9,580
storage, in an amount not to exceed five dollars per 9,581
twenty-four-hour period, and upon presentation of proof of 9,582
ownership, which may be evidenced by a certificate of title to 9,584
the vessel or motor, certificate of United States coast guard 9,585
documentation, or certificate of registration if the vessel or 9,586
motor is not subject to titling under section 1548.01 of the 9,587
Revised Code.
(2) If a vessel or outboard motor that is ordered into 9,590
storage under division (B)(1) of this section remains unclaimed 9,592
by the owner for thirty days, the procedures established by 9,593
sections 1547.301 and 1547.302 of the Revised Code shall apply. 9,594
(3) If a vessel or outboard motor ordered into storage 9,597
under division (B)(2) of this section remains unclaimed for
seventy-two hours after being stored, the tow truck operator or 9,599
towing company that removed the vessel or outboard motor shall 9,600
provide notice of the removal and storage to the sheriff of a
county, chief of police of a municipal corporation, township, or 9,601
township police district, or other chief of a law enforcement 9,602
agency within whose territorial jurisdiction the vessel or 9,603
outboard motor had been moored, anchored, or tied in violation of 9,604
division (B)(2) of this section. The notice shall be in writing 9,606
and include the vessel's hull identification number or serial
number, if any, the vessel's or outboard motor's make, model, and 9,607
color, the location from which it was removed, the date and time 9,608
of its removal, the telephone number of the person from whom it 9,609
may be recovered, and the address of the place to which it has 9,610
been taken and from which it may be recovered. 9,611
Upon receipt of the notice, the sheriff or chief 9,613
immediately shall cause a search to be made of the records of the 9,614
division of watercraft to ascertain the owner and any lienholder 9,615
of the vessel or outboard motor, and, if known, shall send notice 9,616
to the owner and lienholder, if any, at the owner's and
lienholder's last known address by certified mail, return receipt 9,617
221
requested, that the vessel or outboard motor will be declared a 9,618
nuisance and disposed of if not claimed not later than thirty 9,619
days after the date of the mailing of the notice. 9,620
If the owner or lienholder makes no claim to the vessel or 9,622
outboard motor within thirty days of the date of the mailing of 9,623
the notice, the sheriff or chief shall file with the clerk of 9,624
courts of the county in which the place of storage is located an 9,625
affidavit showing compliance with the requirements of division 9,626
(F)(3) of this section, and the vessel or outboard motor shall be 9,627
disposed of in accordance with section 1547.302 of the Revised 9,628
Code. 9,629
(G) No person shall remove, or cause the removal of, any 9,631
vessel or outboard motor from private property other than in 9,632
accordance with division (B) of this section or section 1547.301 9,633
of the Revised Code. 9,634
Sec. 1547.302. (A) Unclaimed vessels or outboard motors 9,643
ordered into storage under division (B) of section 1547.30 or 9,644
section 1547.301 of the Revised Code shall be disposed of at the 9,645
order of the sheriff of the county, the chief of police of the 9,646
municipal corporation, township, or township police district, or 9,647
other ANOTHER chief of a law enforcement agency to IN ANY OF THE 9,649
FOLLOWING WAYS:
(1) TO a marine salvage dealer or to; 9,652
(2) TO any other facility owned, operated, or under 9,654
contract with the state, or the county, municipal corporation, 9,655
township, or other political subdivision, or shall be sold; 9,656
(3) TO A CHARITABLE ORGANIZATION, RELIGIOUS ORGANIZATION, 9,658
OR SIMILAR ORGANIZATION NOT USED AND OPERATED FOR PROFIT; 9,659
(4) BY SALE at public auction by the sheriff, THE chief, 9,662
or an auctioneer licensed under Chapter 4707. of the Revised 9,663
Code, after giving notice thereof OF THE AUCTION by 9,664
advertisement, published once a week for two consecutive weeks in 9,666
a newspaper of general circulation in the county. Any 9,667
(B) ANY moneys accruing from the disposition of an 9,669
222
unclaimed vessel or motor that are in excess of the expenses 9,670
resulting from the removal and storage of the vessel or motor 9,671
shall be credited to the general revenue fund, or to the general 9,672
fund of the county, municipal corporation, township, or other 9,673
political subdivision, as appropriate. 9,674
(C) AS USED IN THIS SECTION, "CHARITABLE ORGANIZATION" HAS 9,676
THE SAME MEANING AS IN SECTION 1716.01 OF THE REVISED CODE. 9,677
Sec. 1547.31. No person shall operate OR PERMIT TO BE 9,686
OPERATED on the waters in this state any powercraft without a 9,688
muffler, underwater exhaust, or other device that muffles or 9,689
suppresses the sound of the exhaust at all speeds.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL DECEMBER 31, 9,691
1999.
Sec. 1547.33. Except on the waters of Lake Erie, the 9,700
Muskingum River, or the Ohio River, no person shall launch, moor, 9,701
dock, use, or operate, OR PERMIT TO BE OPERATED on any of the 9,702
waters in this state any vessel that contains a sink, toilet, or 9,703
sanitary system that is capable of discharging urine, fecal 9,704
matter, contents of a chemical commode, kitchen wastes, laundry 9,705
wastes, slop sink drainage, or other household wastes into the 9,706
waters in this state. Such A sink, toilet, or sanitary system 9,708
shall be removed or, sealed, or made to drain into a tank or 9,709
reservoir that can be carried or pumped ashore for disposal in a 9,710
sewage treatment works approved by the director of environmental 9,711
protection.
Sec. 1547.39. (A) No person shall, after January 1, 1977, 9,720
SHALL manufacture, sell, or offer for sale any watercraft 9,721
propelled by machinery as its principal source of power, or 9,722
watercraft designed to be manually propelled, less than twenty 9,723
feet in length, and designed to carry two or more persons, 9,724
manufactured after that date, unless a capacity plate containing 9,725
the correct information, as prescribed by regulations adopted by 9,726
the United States coast guard, is firmly attached to the 9,727
watercraft,. THE CAPACITY PLATE SHALL BE ATTACHED in such A 9,728
223
location that the capacity plate IT is clearly legible from the 9,729
position designed or intended to be occupied by the operator when 9,730
THE WATERCRAFT IS underway. 9,731
(B) No person shall operate OR PERMIT TO BE OPERATED ON 9,733
THE WATERS IN THIS STATE watercraft for which a capacity plate is 9,735
required under this section unless the capacity plate is 9,736
attached.
(C) No person shall alter, remove, or deface any 9,738
information contained on the capacity plate unless the 9,739
manufacturer has altered the watercraft in such a way that would 9,740
require a change in the information contained on the capacity 9,741
plate. 9,742
(D) As used in this section, "manufacture" means to 9,744
construct or assemble a watercraft, or to alter a watercraft in 9,745
such a manner as to affect or change its weight capacity or 9,746
occupant capacity. 9,747
Sec. 1547.40. (A) No person shall operate OR PERMIT TO BE 9,756
OPERATED ON THE WATERS IN THIS STATE a watercraft to which a 9,758
capacity plate is attached, if the total load exceeds the weight 9,759
capacity indicated on the capacity plate, if the number of
persons aboard exceeds the occupant capacity indicated on the 9,760
capacity plate, or if the horsepower of any attached outboard 9,761
motor exceeds the maximum horsepower indicated on the capacity 9,762
plate. 9,763
(B) When no capacity plate exists, no person shall operate 9,765
OR PERMIT TO BE OPERATED ON THE WATERS IN THIS STATE a watercraft 9,766
if a reasonably prudent person would believe that either of the 9,768
following circumstances applies:
(1) The total load aboard the watercraft has associated 9,770
with it a risk of physical harm to persons or property; 9,771
(2) The total horsepower of any inboard engine or attached 9,773
outboard motor has associated with it a risk of physical harm to 9,774
persons or property. 9,775
Sec. 1547.52. (A) The division of watercraft shall be 9,784
224
administered by the chief of the division of watercraft. The 9,785
chief may adopt, amend, and rescind: 9,786
(1) Rules considered necessary by the chief to supplement 9,788
the identification, operation, titling, use, registration, and 9,789
numbering of watercraft or vessels as provided in this chapter 9,790
and Chapter 1548. of the Revised Code; 9,791
(2) Rules governing the navigation of vessels on waters in 9,793
this state, including, but not limited to, rules regarding 9,794
steering and sailing, the conduct of vessels in sight of one 9,795
another or in restricted visibility, lights and shapes of lights 9,796
used on vessels, and sound and light signals. As the chief 9,797
considers necessary, these navigational rules shall be consistent 9,798
with and equivalent to the rules REGULATIONS and interpretive 9,799
rulings governing inland waters adopted or issued under the 9,801
"Inland Navigational Rules Act of 1980," 94 Stat. 3415, 33 9,802
U.S.C.A. 151, 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073. 9,803
(3) RULES ESTABLISHING FEES AND CHARGES FOR ALL OF THE 9,806
FOLLOWING:
(a) BOATING SKILL DEVELOPMENT CLASSES AND OTHER 9,808
EDUCATIONAL CLASSES; 9,809
(b) LAW ENFORCEMENT SERVICES PROVIDED AT SPECIAL EVENTS 9,812
WHEN THE SERVICES ARE IN ADDITION TO NORMAL ENFORCEMENT DUTIES; 9,813
(c) INSPECTIONS OF VESSELS OR MOTORS CONDUCTED UNDER THIS 9,816
CHAPTER OR CHAPTER 1548. OF THE REVISED CODE. 9,818
All rules adopted by the chief under this division (A) OF 9,820
THIS SECTION shall be adopted in accordance with Chapter 119. of 9,822
the Revised Code, and shall be ARE subject to the prior approval 9,823
of the director of natural resources. 9,825
(B) The chief, with the approval of the director of 9,827
natural resources, may employ such clerical and technical help as 9,828
he THE CHIEF considers necessary. 9,829
(C) The chief may designate license agents with the 9,831
approval of the director of natural resources. 9,832
(D) The division is hereby designated as the agency to 9,834
225
administer the Ohio boating safety program and allocated federal 9,835
funds under, and the chief shall prepare and submit reports in 9,836
such form as may be required by, the "Federal Boat Safety Act of 9,837
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended. 9,838
(E) THE CHIEF MAY SELL ANY OF THE FOLLOWING: 9,841
(1) ITEMS RELATED TO OR THAT PROMOTE BOATING SAFETY, 9,844
INCLUDING, BUT NOT LIMITED TO, PINS, BADGES, BOOKS, BULLETINS, 9,845
MAPS, PUBLICATIONS, CALENDARS, AND OTHER EDUCATIONAL ARTICLES; 9,846
(2) ARTIFACTS PERTAINING TO BOATING; 9,848
(3) CONFISCATED OR FORFEITED ITEMS; 9,850
(4) SURPLUS EQUIPMENT. 9,852
Sec. 1547.521. (A) The law enforcement officers of the 9,861
division of watercraft shall be known as "state watercraft 9,862
officers." The chief of the division of watercraft and state 9,863
watercraft officers: 9,864
(1) Shall develop and conduct educational programs in 9,866
vessel safety, sanitation, and operation, and in other related 9,867
subjects which THAT the chief considers appropriate or necessary; 9,869
(2) Shall enforce this chapter and Chapter 1548. of the 9,871
Revised Code and rules adopted under them, and may enforce laws 9,872
prohibiting the dumping of refuse, trash, or litter into the 9,873
waters in this state and Chapters 2925. and 3719. of the Revised 9,874
Code on all waters in the state; 9,875
(3) Shall have, on ON any lands owned, controlled, 9,877
maintained, or administered by the department of natural 9,878
resources and on any waters in this state, SHALL HAVE the 9,879
authority vested in police PEACE officers under section 2935.03 9,881
of the Revised Code to keep the peace, to enforce all laws and 9,883
rules governing those lands and waters, and to make arrests for 9,884
violation of those laws and rules, provided that such THE 9,885
authority shall be exercised on lands or waters administered by 9,887
another division of the department only pursuant to an agreement 9,888
with the chief of that division or to a request for assistance by 9,889
an enforcement officer of that division in an emergency. The 9,890
226
jurisdiction of STATE watercraft officers shall be concurrent 9,891
with that of the peace officers of the county, township, or 9,892
municipal corporation in which the violation occurs. 9,893
(4) May, for FOR the purpose of enforcing the laws and 9,895
rules which THAT they have the authority to enforce, MAY stop, 9,896
board, and conduct a safety inspection of any vessel; 9,898
(5) May serve and execute any citation, summons, warrant, 9,900
or other process issued with respect to any law THAT they have 9,901
the authority to enforce. 9,902
(B) A state watercraft officer may render assistance to a 9,904
state or local law enforcement officer at the request of that 9,905
officer or may render assistance to a state or local law 9,906
enforcement officer in the event of an emergency. 9,907
Watercraft STATE WATERCRAFT officers serving outside the 9,909
division of watercraft under this section or serving under the 9,911
terms of a mutual aid compact authorized under section 1501.02 of 9,912
the Revised Code shall be considered as performing services 9,913
within their regular employment for the purposes of compensation, 9,914
pension or indemnity fund rights, workers' compensation, and 9,915
other rights or benefits to which they may be entitled as 9,916
incidents of their regular employment. 9,917
Watercraft STATE WATERCRAFT officers serving outside the 9,919
division of watercraft under this section or under a mutual aid 9,921
compact retain personal immunity from civil liability as 9,922
specified in section 9.86 of the Revised Code and shall not be 9,923
considered an employee of a political subdivision for purposes of 9,924
Chapter 2744. of the Revised Code. A political subdivision that 9,925
uses STATE watercraft officers under this section or under the 9,926
terms of a mutual aid compact authorized under section 1501.02 of 9,927
the Revised Code is not subject to civil liability under Chapter 9,928
2744. of the Revised Code as the result of any action or omission 9,929
of any STATE watercraft officer acting under this section or 9,930
under a mutual aid compact. 9,931
Sec. 1547.57. When the chief of the division of watercraft 9,940
227
issues a registration certificate under section 1547.54 of the 9,941
Revised Code, he THE CHIEF also shall issue to the applicant two 9,942
tags not larger than three inches square, color coded, indicating 9,943
the expiration date of the certificate. The owner of watercraft 9,944
currently documented by the United States coast guard and for 9,945
which a registration certificate is issued shall securely affix 9,946
one tag to the watercraft's port side and the other tag to the 9,947
starboard side, so that the tags are clearly visible under normal 9,948
operating conditions. THE TAGS SHALL BE REMOVED FROM THE 9,949
WATERCRAFT WHEN THEY BECOME INVALID. The owner of any other 9,950
watercraft for which a registration certificate is issued shall 9,951
securely affix one tag to the watercraft's port side, six inches 9,952
toward the stern from the identification number, and the other 9,953
tag to the starboard side, six inches toward the stern from the 9,954
identification number. The tags shall be securely affixed to the 9,955
watercraft prior to its operation, BUT SHALL BE REMOVED FROM THE 9,956
WATERCRAFT WHEN THEY BECOME INVALID. A person may operate 9,957
without a registration certificate, for a period not to exceed 9,958
thirty days, any watercraft required to be titled on the waters 9,959
in this state, if he THE PERSON has in his THE PERSON'S 9,961
possession on the watercraft a dealer's dated bill of sale or, in 9,962
the case of a casual sale, a notarized bill of sale. 9,963
The owner of every watercraft requiring numbering by this 9,965
state shall attach to each side of the bow of the watercraft the 9,966
permanent identification number in such manner as may be 9,967
prescribed by applicable federal standards in order that it shall 9,968
be clearly visible. The number shall be maintained in a legible 9,969
condition at all times. No number other than the number assigned 9,970
to a watercraft or granted by reciprocity pursuant to this 9,971
chapter shall be painted, attached, or otherwise displayed on 9,972
either side of the bow of the watercraft. 9,973
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 9,975
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 9,976
SECTION.
228
Sec. 1547.69. (A) As used in this section: 9,985
(1) "Firearm" has the same meaning as in section 2923.11 9,987
of the Revised Code. 9,988
(2) "Unloaded" has the same meaning as in section 2923.16 9,990
of the Revised Code. 9,991
(B) No person shall knowingly discharge a firearm while in 9,993
or on a vessel. 9,994
(C) No person shall knowingly transport or have a loaded 9,996
firearm in a vessel, in such a manner that the firearm is 9,997
accessible to the operator or any passenger. 9,998
(D) No person shall knowingly transport or have a firearm 10,000
in a vessel, unless it is unloaded and is carried in one of the 10,001
following ways: 10,002
(1) In a closed package, box, or case; 10,004
(2) In plain sight with the action opened or the weapon 10,006
stripped;, or, if the firearm is of a type on which the action 10,007
will not stay open or which THAT cannot easily be stripped, in 10,008
plain sight. 10,010
(E) The affirmative defense DEFENSES contained in 10,012
divisions (C)(1) and (2) of section 2923.12 of the Revised Code 10,014
are affirmative defenses to a charge under division (C) or (D) of 10,015
this section.
(F) Divisions (B), (C), and (D) of this section do not 10,017
apply to the possession or discharge of a United States coast 10,018
guard approved signaling device required to be carried aboard a 10,019
vessel under section 1547.251 of the Revised Code when the 10,020
signaling device is possessed or used for the purpose of giving a 10,021
visual distress signal. No person shall knowingly transport or 10,022
possess any such signaling device in or on a vessel in a loaded 10,023
condition at any time other than immediately prior to the 10,024
discharge of the signaling device for the purpose of giving a 10,025
visual distress signal. 10,026
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,028
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,029
229
(H) This section does not apply to officers, agents, or 10,031
employees of this or any other state or of the United States or 10,032
to law enforcement officers when authorized to carry or have 10,033
loaded or accessible firearms in a vessel and acting within the 10,034
scope of their duties, nor to persons legally engaged in hunting. 10,035
Sec. 1548.01. (A) As used in this chapter, "watercraft" 10,044
means any of the following when used or capable of being used as 10,045
a means of transportation on the water: 10,046
(1) A boat operated by machinery either permanently or 10,048
temporarily affixed; 10,049
(2) A sailboat other than a sailboard; 10,051
(3) An inflatable, manually propelled boat having a hull 10,053
identification number meeting the requirements of the United 10,054
States coast guard. 10,055
"Watercraft" does not include ferries as referred to in Chapter 10,057
4583. of the Revised Code HAS THE SAME MEANING AS IN SECTION 10,058
1547.01 OF THE REVISED CODE. 10,059
(B) This chapter does not apply to any of the following: 10,061
(1) A watercraft covered by a marine document in effect 10,063
that has been assigned to it by the United States government 10,065
pursuant to federal law;
(2) A watercraft from a country other than the United 10,067
States temporarily using the waters in this state; 10,068
(3) A watercraft whose owner is the United States, a 10,070
state, or a political subdivision thereof; 10,071
(4) A ship's lifeboat. As used in division (B)(4) of this 10,073
section, "lifeboat" means a watercraft that is held aboard 10,074
another vessel and used exclusively for emergency purposes. 10,075
(5) A canoe, kayak, or rowboat; 10,077
(6) Watercraft A WATERCRAFT less than fourteen feet in 10,079
length WITHOUT A PERMANENTLY AFFIXED MECHANICAL MEANS OF 10,080
PROPULSION;
(7) Outboard motors of less than ten horsepower as 10,082
determined by the manufacturer's rating. 10,083
230
(C) The various certificates, applications, and 10,085
assignments necessary to provide certificates of title for 10,086
watercraft and outboard motors shall be made on appropriate forms 10,088
approved by the chief of the division of watercraft.
Sec. 1548.05. No manufacturer, importer, dealer, or other 10,097
person shall sell or otherwise dispose of a new watercraft or 10,099
outboard motor to a dealer to be used by the dealer for purposes 10,100
of display and resale without delivering to the dealer a 10,101
manufacturer's or importer's certificate executed in accordance
with this section, and with such assignments thereon ON IT as are 10,103
necessary to show title in THE NAME OF the purchaser. No dealer 10,104
shall purchase or acquire a new watercraft or outboard motor 10,106
without obtaining from the seller the manufacturer's or 10,107
importer's certificate.
A manufacturer's or importer's certificate of the origin of 10,109
a watercraft or outboard motor shall contain the following 10,110
information, in such form and together with such further 10,112
information as the chief of the division of watercraft may 10,113
require:
(A) Description of the watercraft, including the make, 10,115
year, length, series or model, if any, body type, hull 10,117
identification number or serial number, and make, manufacturer's 10,118
serial number, and horsepower of any inboard motor or motors; or 10,119
description of the outboard motor, including the make, year, 10,120
series or model, if any, manufacturer's serial number, and 10,121
horsepower;
(B) Certification of the date of transfer of the 10,123
watercraft or outboard motor to a distributor or dealer or other 10,124
transferee, and the name and address of the transferee; 10,125
(C) Certification that this was the first transfer of the 10,127
new watercraft or outboard motor in ordinary trade and commerce; 10,128
(D) Signature and address of a representative of the 10,130
transferor.
An assignment of a manufacturer's or importer's certificate 10,132
231
before a notary public or other officer empowered to administer 10,133
oaths shall be printed on the reverse side of the manufacturer's 10,134
or importer's certificate in the form to be prescribed by the 10,135
chief. The assignment form shall include the name and address of 10,136
the transferee, a certification that the watercraft or outboard
motor is new, and a warranty that the title at the time of 10,137
delivery is subject only to such liens and encumbrances as are 10,138
set forth and described in full in the assignment. 10,139
Sec. 1548.06. Application for a certificate of title for a 10,148
watercraft or outboard motor shall be made upon a form prescribed 10,149
by the chief of the division of watercraft and shall be sworn to 10,150
before a notary public or other officer empowered to administer 10,151
oaths. The application shall be filed with the clerk of the 10,152
court of common pleas of the county in which the applicant 10,153
resides if the applicant is a resident of this state or, if not a 10,154
resident, in the county in which the transaction is consummated. 10,155
The application shall be accompanied by the fee prescribed in 10,156
section 1548.10 of the Revised Code, and if a certificate of 10,157
title previously has been issued for the watercraft or outboard 10,158
motor, it shall be accompanied by the certificate of title duly 10,159
assigned unless otherwise provided in this chapter. If a 10,160
certificate of title previously has not been issued for the 10,161
watercraft or outboard motor in this state, the application, 10,162
unless otherwise provided in this chapter, shall be accompanied 10,163
by a manufacturer's or importer's certificate,; by a sworn 10,164
statement of ownership if THE WATERCRAFT OR OUTBOARD MOTOR WAS 10,165
purchased by the applicant on or before October 9, 1963, OR IF 10,168
THE WATERCRAFT IS LESS THAN FOURTEEN FEET LONG WITH A PERMANENTLY 10,169
AFFIXED MECHANICAL MEANS OF PROPULSION AND WAS PURCHASED BY THE 10,170
APPLICANT ON OR BEFORE JANUARY 1, 2000; or by a certificate of 10,173
title, bill of sale, or other evidence of ownership required by 10,174
the law of another state from which the watercraft or outboard 10,175
motor was brought into this state. Evidence of ownership of a 10,176
watercraft or outboard motor for which an Ohio certificate of 10,177
232
title previously has not been issued and which watercraft or 10,178
outboard motor does not have permanently affixed thereto a 10,179
manufacturer's serial number shall be accompanied by the 10,180
certificate of ASSIGNMENT OF A hull identification number 10,181
assigned by the chief as provided in section 1548.07 of the 10,183
Revised Code. The
THE clerk shall retain the evidence of title presented by 10,186
the applicant and on which the certificate of title is issued. 10,187
The clerk shall use reasonable diligence in ascertaining whether 10,188
the facts in the application are true by checking the application 10,189
and documents accompanying it with the records of watercraft and 10,190
outboard motors in his THE CLERK'S office. If satisfied that the 10,192
applicant is the owner of the watercraft or outboard motor and 10,193
that the application is in the proper form, the clerk shall issue 10,194
a certificate of title over his THE CLERK'S signature and sealed 10,195
with his THE CLERK'S seal. HOWEVER, IF THE EVIDENCE INDICATES 10,196
AND AN INVESTIGATION SHOWS THAT ONE OR MORE OHIO TITLES ALREADY 10,198
EXIST FOR THE WATERCRAFT OR OUTBOARD MOTOR, THE CHIEF MAY CAUSE 10,199
THE REDUNDANT TITLE OR TITLES TO BE CANCELED. 10,200
In the case of the sale of a watercraft or outboard motor 10,202
by a vendor to a general purchaser or user, the certificate of 10,203
title shall be obtained in the name of the purchaser by the 10,204
vendor upon application signed by the purchaser. In all other 10,205
cases the certificate shall be obtained by the purchaser. In all 10,207
cases of transfer of watercraft or outboard motors, the
application for certificate of title shall be filed within thirty 10,208
days after the later of the date of purchase or assignment of 10,209
ownership of the watercraft or outboard motor. If the 10,210
application for certificate of title is not filed within thirty 10,211
days after the later of the date of purchase or assignment of 10,212
ownership of the watercraft or outboard motor, the clerk shall 10,213
charge a late penalty fee of five dollars in addition to the fee 10,214
prescribed by section 1548.10 of the Revised Code. The clerk 10,215
shall retain the entire amount of each late penalty fee. 10,216
233
The clerk shall refuse to accept an application for 10,218
certificate of title unless the applicant either tenders with the 10,219
application payment of all taxes levied by or pursuant to Chapter 10,220
5739. or 5741. of the Revised Code, less, in the case of a sale 10,221
by a vendor, any discount to which the vendor is entitled under 10,222
section 5739.12 of the Revised Code, or submits any of the 10,223
following: 10,224
(A) A receipt issued by the tax commissioner or a clerk of 10,226
courts showing payment of the tax; 10,227
(B) A copy of the unit certificate of exemption completed 10,229
by the purchaser at the time of sale, as provided in section 10,230
5739.03 of the Revised Code; 10,231
(C) An exemption certificate, in a form prescribed by the 10,233
tax commissioner, that specifies why the purchase is not subject 10,234
to the tax imposed by Chapter 5739. or 5741. of the Revised Code. 10,235
Payment of the tax shall be in accordance with rules issued 10,237
by the tax commissioner, and the clerk shall issue a receipt in 10,238
the form prescribed by the tax commissioner to any applicant who 10,239
tenders payment of the tax with the application for registration 10,240
of title. 10,241
For receiving and disbursing the taxes paid to the clerk, 10,243
the clerk may retain a poundage fee of one per cent of the taxes 10,244
collected, which shall be paid into the general fund of the 10,245
county. In the case of casual sales of watercraft or outboard 10,246
motors that are subject to the tax imposed by Chapter 5739. or 10,247
5741. of the Revised Code, the purchase price for the purpose of 10,248
determining the tax shall be the purchase price on an affidavit 10,249
executed and filed with the clerk by the vendor on a form to be 10,250
prescribed by the chief of the division of watercraft, which 10,251
shall be prima-facie evidence of the price for the determination 10,252
of the tax. In addition to the information required by section 10,253
1548.08 of the Revised Code, each certificate of title shall 10,254
contain in bold lettering the following notification and 10,255
statements: "WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND 10,256
234
BUYER). You are required by law to state the true selling price. 10,258
A false statement is a violation of section 2921.13 of the 10,260
Revised Code and is punishable by six months imprisonment or a 10,261
fine of up to one thousand dollars, or both. All transfers are 10,262
audited by the department of taxation. The seller and buyer must 10,263
provide any information requested by the department of taxation. 10,264
The buyer may be assessed any additional tax found to be due."
The clerk shall forward all payments of taxes, less 10,266
poundage fees, to the treasurer of state in a manner to be 10,267
prescribed by the tax commissioner and shall furnish such 10,268
information to the commissioner as the commissioner may require. 10,269
For purposes of a transfer of a certificate of title, if the 10,270
clerk is satisfied that a secured party has discharged a lien, 10,271
but has not canceled the lien notation with the clerk of the 10,272
county of origin, he THE CLERK may cancel the lien notation on 10,273
the automated title processing system and notify the clerk of the 10,274
county of origin. 10,275
Sec. 2935.01. As used in this chapter: 10,284
(A) "Magistrate" has the same meaning as in section 10,286
2931.01 of the Revised Code. 10,287
(B) "Peace officer" includes, except as provided in 10,289
section 2935.081 of the Revised Code, a sheriff,; deputy 10,291
sheriff,; marshal,; deputy marshal,; member of the organized 10,292
police department of any municipal corporation, including a 10,294
member of the organized police department of a municipal 10,295
corporation in an adjoining state serving in Ohio under a 10,296
contract pursuant to section 737.04 of the Revised Code,; member 10,297
of a police force employed by a metropolitan housing authority 10,298
under division (D) of section 3735.31 of the Revised Code,; 10,299
member of a police force employed by a regional transit authority 10,301
under division (Y) of section 306.05 of the Revised Code,; state 10,302
university law enforcement officer appointed under section 10,303
3345.04 of the Revised Code,; liquor control investigator or food 10,304
stamp trafficking agent of the department of public safety,; 10,306
235
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A FOREST 10,308
OFFICER DESIGNATED PURSUANT TO SECTION 1503.29, A PRESERVE 10,309
OFFICER DESIGNATED PURSUANT TO SECTION 1517.10, A WILDLIFE 10,310
OFFICER DESIGNATED PURSUANT TO SECTION 1531.13, A PARK OFFICER 10,311
DESIGNATED PURSUANT TO SECTION 1541.10, OR A STATE WATERCRAFT 10,312
OFFICER DESIGNATED PURSUANT TO SECTION 1547.521 OF THE REVISED 10,314
CODE; Ohio veterans' home policeman POLICE OFFICER appointed 10,316
under section 5907.02 of the Revised Code,; police constable of 10,317
any township,; and police officer of a township or joint township 10,318
police district,; and, for the purpose of arrests within those 10,320
areas, and for the purposes of Chapter 5503. of the Revised Code, 10,322
and the filing of and service of process relating to those 10,323
offenses witnessed or investigated by them, includes the 10,324
superintendent and troopers of the state highway patrol. 10,325
(C) "Prosecutor" includes the county prosecuting attorney, 10,327
AND any assistant prosecutor designated to assist the county 10,328
prosecuting attorney, and, in the case of courts inferior to 10,330
courts of common pleas, includes the village solicitor, city 10,331
director of law, or similar chief legal officer of a municipal 10,332
corporation, any such officer's assistants, or any attorney 10,333
designated by the prosecuting attorney of the county to appear 10,335
for the prosecution of a given case.
(D) "Offense," except where the context specifically 10,337
indicates otherwise, includes felonies, misdemeanors, and 10,338
violations of ordinances of municipal corporations and other 10,339
public bodies authorized by law to adopt penal regulations. 10,340
Sec. 2935.03. (A) A sheriff, deputy sheriff, marshal, 10,349
deputy marshal, municipal police officer, township constable, 10,350
police officer of a township or joint township police district, 10,351
member of a police force employed by a metropolitan housing 10,352
authority under division (D) of section 3735.31 of the Revised 10,353
Code, member of a police force employed by a regional transit 10,354
authority under division (Y) of section 306.35 of the Revised 10,355
Code, state university law enforcement officer appointed under 10,357
236
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 10,358
Code, OR PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES 10,359
shall arrest and detain, until a warrant can be obtained, a 10,360
person found violating, within the limits of the political 10,361
subdivision, metropolitan housing authority housing project, 10,362
regional transit authority facilities or areas of a municipal 10,363
corporation that have been agreed to by a regional transit 10,364
authority and a municipal corporation located within its 10,365
territorial jurisdiction, college, university, or Ohio veterans' 10,367
home, OR LANDS AND WATERS OF THE DEPARTMENT OF NATURAL RESOURCES 10,368
in which the peace officer is appointed, employed, or elected, a 10,369
law of this state, an ordinance of a municipal corporation, or a 10,370
resolution of a township. 10,371
(B)(1) When there is reasonable ground to believe that an 10,373
offense of violence, the offense of criminal child enticement as 10,374
defined in section 2905.05 of the Revised Code, the offense of 10,375
public indecency as defined in section 2907.09 of the Revised 10,376
Code, the offense of domestic violence as defined in section 10,377
2919.25 of the Revised Code, the offense of violating a 10,378
protection order as defined in section 2919.27 of the Revised 10,379
Code, the offense of menacing by stalking as defined in section 10,381
2903.211 of the Revised Code, the offense of aggravated trespass 10,382
as defined in section 2911.211 of the Revised Code, a theft 10,383
offense as defined in section 2913.01 of the Revised Code, or a 10,384
felony drug abuse offense as defined in section 2925.01 of the 10,385
Revised Code, has been committed within the limits of the 10,386
political subdivision, metropolitan housing authority housing 10,387
project, regional transit authority facilities or those areas of 10,389
a municipal corporation that have been agreed to by a regional 10,391
transit authority and a municipal corporation located within its 10,392
territorial jurisdiction, college, university, or Ohio veterans' 10,394
home, OR LANDS AND WATERS OF THE DEPARTMENT OF NATURAL RESOURCES 10,395
in which the peace officer is appointed, employed, or elected, a 10,396
237
peace officer described in division (A)(1) of this section may 10,397
arrest and detain until a warrant can be obtained any person whom 10,398
WHO the peace officer has reasonable cause to believe is guilty 10,400
of the violation.
(2) For purposes of division (B)(1) of this section, the 10,402
execution of any of the following constitutes reasonable ground 10,403
to believe that the offense alleged in the statement was 10,404
committed and reasonable cause to believe that the person alleged 10,405
in the statement to have committed the offense is guilty of the 10,406
violation: 10,407
(a) A written statement by a person alleging that an 10,409
alleged offender has committed the offense of menacing by 10,410
stalking or aggravated trespass; 10,411
(b) A written statement by the administrator of the 10,413
interstate compact on mental health appointed under section 10,414
5119.51 of the Revised Code alleging that a person who had been 10,415
hospitalized, institutionalized, or confined in any facility 10,416
under an order made pursuant to or under authority of section 10,417
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 10,419
2945.402 of the Revised Code has escaped from the facility, from 10,420
confinement in a vehicle for transportation to or from the 10,421
facility, or from supervision by an employee of the facility that 10,422
is incidental to hospitalization, institutionalization, or 10,423
confinement in the facility and that occurs outside of the 10,424
facility, in violation of section 2921.34 of the Revised Code; 10,425
(c) A written statement by the administrator of any 10,428
facility in which a person has been hospitalized, 10,429
institutionalized, or confined under an order made pursuant to or 10,430
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 10,431
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 10,432
the person has escaped from the facility, from confinement in a 10,433
vehicle for transportation to or from the facility, or from 10,434
supervision by an employee of the facility that is incidental to 10,435
hospitalization, institutionalization, or confinement in the 10,436
238
facility and that occurs outside of the facility, in violation of 10,437
section 2921.34 of the Revised Code. 10,438
(3)(a) For purposes of division (B)(1) of this section, a 10,441
peace officer described in that division (A) OF THIS SECTION has 10,442
reasonable grounds to believe that the offense of domestic 10,443
violence or the offense of violating a protection order has been 10,444
committed and reasonable cause to believe that a particular 10,446
person is guilty of committing the offense if any of the 10,447
following occurs:
(i) A person executes a written statement alleging that 10,450
the person in question has committed the offense of domestic 10,451
violence or the offense of violating a protection order against 10,452
the person who executes the statement or against a child of the 10,453
person who executes the statement. 10,454
(ii) No written statement of the type described in 10,457
division (B)(3)(a)(i) of this section is executed, but the peace 10,458
officer, based upon the peace officer's own knowledge and 10,459
observation of the facts and circumstances of the alleged 10,460
incident of the offense of domestic violence or the alleged 10,461
incident of the offense of violating a protection order or based 10,462
upon any other information, including, but not limited to, any 10,463
reasonably trustworthy information given to the peace officer by 10,464
the alleged victim of the alleged incident of the offense or any 10,465
witness of the alleged incident of the offense, concludes that 10,466
there are reasonable grounds to believe that the offense of 10,467
domestic violence or the offense of violating a protection order 10,468
has been committed and reasonable cause to believe that the 10,469
person in question is guilty of committing the offense. 10,470
(iii) No written statement of the type described in 10,473
division (B)(3)(a)(i) of this section is executed, but the peace 10,474
officer witnessed the person in question commit the offense of 10,475
domestic violence or the offense of violating a protection order. 10,476
(b) If pursuant to division (B)(3)(a) of this section a 10,479
peace officer has reasonable grounds to believe that the offense 10,480
239
of domestic violence or the offense of violating a protection 10,481
order has been committed and reasonable cause to believe that a 10,483
particular person is guilty of committing the offense, it is the 10,484
preferred course of action in this state that the officer arrest 10,485
and detain that person pursuant to division (B)(1) of this 10,486
section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace 10,489
officer has reasonable grounds to believe that the offense of 10,490
domestic violence or the offense of violating a protection order 10,491
has been committed and reasonable cause to believe that family or 10,492
household members have committed the offense against each other, 10,493
it is the preferred course of action in this state that the 10,494
officer, pursuant to division (B)(1) of this section, arrest and 10,496
detain until a warrant can be obtained the family or household 10,497
member who committed the offense and whom the officer has 10,498
reasonable cause to believe is the primary physical aggressor. 10,499
There is no preferred course of action in this state regarding 10,500
any other family or household member who committed the offense 10,501
and whom the officer does not have reasonable cause to believe is 10,502
the primary physical aggressor, but, pursuant to division (B)(1) 10,503
of this section, the peace officer may arrest and detain until a 10,504
warrant can be obtained any other family or household member who 10,505
committed the offense and whom the officer does not have 10,506
reasonable cause to believe is the primary physical aggressor. 10,507
(c) If a peace officer described in division (B)(1)(A) of 10,510
this section does not arrest and detain a person whom the officer 10,511
has reasonable cause to believe committed the offense of domestic 10,512
violence or the offense of violating a protection order when it 10,513
is the preferred course of action in this state pursuant to 10,514
division (B)(3)(b) of this section that the officer arrest that 10,516
person, the officer shall articulate in the written report of the 10,517
incident required by section 2935.032 of the Revised Code a clear 10,518
statement of the officer's reasons for not arresting and 10,519
detaining that person until a warrant can be obtained.
240
(d) In determining for purposes of division (B)(3)(b) of 10,522
this section which family or household member is the primary 10,523
physical aggressor in a situation in which family or household 10,524
members have committed the offense of domestic violence or the 10,525
offense of violating a protection order against each other, a 10,526
peace officer described in division (B)(1)(A) of this section, in 10,527
addition to any other relevant circumstances, should consider all 10,528
of the following: 10,529
(i) Any history of domestic violence or of any other 10,532
violent acts by either person involved in the alleged offense 10,533
that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence 10,536
was caused by a person acting in self-defense; 10,537
(iii) Each person's fear of physical harm, if any, 10,540
resulting from the other person's threatened use of force against 10,541
any person or resulting from the other person's use or history of 10,542
the use of force against any person, and the reasonableness of 10,543
that fear;
(iv) The comparative severity of any injuries suffered by 10,546
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (B)(1)(A) of 10,549
this section shall not require, as a prerequisite to arresting or 10,550
charging a person who has committed the offense of domestic 10,551
violence or the offense of violating a protection order, that the 10,552
victim of the offense specifically consent to the filing of 10,553
charges against the person who has committed the offense or sign 10,554
a complaint against the person who has committed the offense. 10,555
(ii) If a person is arrested for or charged with 10,558
committing the offense of domestic violence or the offense of 10,559
violating a protection order and if the victim of the offense 10,560
does not cooperate with the involved law enforcement or 10,561
prosecuting authorities in the prosecution of the offense or, 10,562
subsequent to the arrest or the filing of the charges, informs 10,563
the involved law enforcement or prosecuting authorities that the 10,564
241
victim does not wish the prosecution of the offense to continue 10,565
or wishes to drop charges against the alleged offender relative 10,566
to the offense, the involved prosecuting authorities, in 10,567
determining whether to continue with the prosecution of the 10,568
offense or whether to dismiss charges against the alleged 10,569
offender relative to the offense and notwithstanding the victim's 10,570
failure to cooperate or the victim's wishes, shall consider all 10,571
facts and circumstances that are relevant to the offense, 10,572
including, but not limited to, the statements and observations of 10,573
the peace officers who responded to the incident that resulted in 10,574
the arrest or filing of the charges and of all witnesses to that 10,575
incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) 10,577
of this section whether to arrest a person pursuant to division 10,578
(B)(1) of this section, a peace officer described in division 10,579
(B)(1)(A) of this section shall not consider as a factor any 10,580
possible shortage of cell space at the detention facility to 10,581
which the person will be taken subsequent to the person's arrest 10,583
or any possibility that the person's arrest might cause,
contribute to, or exacerbate overcrowding at that detention 10,584
facility or at any other detention facility. 10,585
(g) If a peace officer described in division (B)(1)(A) of 10,587
this section intends pursuant to divisions (B)(3)(a) to (g) of 10,590
this section to arrest a person pursuant to division (B)(1) of 10,591
this section and if the officer is unable to do so because the 10,593
person is not present, the officer promptly shall seek a warrant 10,594
for the arrest of the person.
(h) If a peace officer described in division (B)(1)(A) of 10,597
this section responds to a report of an alleged incident of the 10,598
offense of domestic violence or an alleged incident of the 10,599
offense of violating a protection order and if the circumstances 10,600
of the incident involved the use or threatened use of a deadly 10,602
weapon or any person involved in the incident brandished a deadly 10,603
weapon during or in relation to the incident, the deadly weapon 10,604
242
that was used, threatened to be used, or brandished constitutes 10,605
contraband, and, to the extent possible, the officer shall seize 10,606
the deadly weapon as contraband pursuant to section 2933.43 of 10,607
the Revised Code. Upon the seizure of a deadly weapon pursuant 10,608
to this division (B)(3)(h) OF THIS SECTION, section 2933.43 of 10,610
the Revised Code shall apply regarding the treatment and 10,611
disposition of the deadly weapon. For purposes of that section, 10,612
the "underlying criminal offense" that was the basis of the 10,613
seizure of a deadly weapon under this division (B)(3)(h) OF THIS 10,615
SECTION and to which the deadly weapon had a relationship is any 10,616
of the following that is applicable: 10,617
(i) The alleged incident of the offense of domestic 10,620
violence or the alleged incident of the offense of violating a 10,621
protection order to which the officer who seized the deadly 10,622
weapon responded;
(ii) Any offense that arose out of the same facts and 10,625
circumstances as the report of the alleged incident of the 10,626
offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who 10,628
seized the deadly weapon responded.
(4) If, in the circumstances described in divisions 10,630
(B)(3)(a) to (g) of this section, a peace officer described in 10,631
division (B)(1)(A) of this section arrests and detains a person 10,632
pursuant to division (B)(1) of this section, or if, pursuant to 10,634
division (B)(3)(h) of this section, a peace officer described in 10,635
division (B)(1)(A) of this section seizes a deadly weapon, the 10,636
officer, to the extent described in and in accordance with 10,637
section 9.86 or 2744.03 of the Revised Code, is immune in any 10,638
civil action for damages for injury, death, or loss to person or 10,639
property that arises from or is related to the arrest and 10,640
detention or the seizure. 10,641
(C) When there is reasonable ground to believe that a 10,643
violation of division (A), (B), or (C) of section 4506.15 or a 10,644
violation of section 4511.19 of the Revised Code has been 10,645
243
committed by a person operating a motor vehicle subject to 10,646
regulation by the public utilities commission of Ohio under Title 10,647
XLIX of the Revised Code, a peace officer with authority to 10,648
enforce that provision of law may stop or detain the person whom 10,649
the officer has reasonable cause to believe was operating the 10,650
motor vehicle in violation of the division or section and, after 10,651
investigating the circumstances surrounding the operation of the 10,652
vehicle, may arrest and detain the person. 10,653
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 10,655
municipal police officer, member of a police force employed by a 10,656
metropolitan housing authority under division (D) of section 10,657
3735.31 of the Revised Code, member of a police force employed by 10,658
a regional transit authority under division (Y) of section 306.35 10,659
of the Revised Code, TOWNSHIP constable, police officer of a 10,660
township or joint township police district, or state university 10,661
law enforcement officer appointed under section 3345.04 of the 10,662
Revised Code, OR PEACE OFFICER OF THE DEPARTMENT OF NATURAL 10,663
RESOURCES is authorized by division (A) or (B) of this section to 10,665
arrest and detain, within the limits of the political
subdivision, metropolitan housing authority housing project, 10,666
regional transit authority facilities or those areas of a 10,667
municipal corporation that have been agreed to by a regional 10,668
transit authority and a municipal corporation located within its 10,669
territorial jurisdiction, college, or university, OR LANDS AND 10,670
WATERS OF THE DEPARTMENT OF NATURAL RESOURCES in which the 10,671
officer is appointed, employed, or elected, a person until a 10,672
warrant can be obtained, the peace officer may, outside the 10,673
limits of that territory, MAY pursue, arrest, and detain that 10,674
person until a warrant can be obtained if all of the following 10,676
apply:
(1) The pursuit takes place without unreasonable delay 10,678
after the offense is committed.; 10,679
(2) The pursuit is initiated within the limits of the 10,681
political subdivision, metropolitan housing authority housing 10,682
244
project, regional transit authority facilities or those areas of 10,683
a municipal corporation that have been agreed to by a regional 10,684
transit authority and a municipal corporation located within its 10,685
territorial jurisdiction, college, or university, OR LANDS AND 10,686
WATERS OF THE DEPARTMENT OF NATURAL RESOURCES in which the peace 10,687
officer is appointed, employed, or elected.; 10,688
(3) The offense involved is a felony, a misdemeanor of the 10,690
first degree or a substantially equivalent municipal ordinance, a 10,691
misdemeanor of the second degree or a substantially equivalent 10,692
municipal ordinance, or any offense for which points are 10,693
chargeable pursuant to division (G) of section 4507.021 of the 10,694
Revised Code. 10,695
(E) In addition to the authority granted under division 10,697
(A) or (B) of this section: 10,698
(1) A sheriff or deputy sheriff may arrest and detain, 10,700
until a warrant can be obtained, any person found violating 10,701
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 10,702
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 10,703
Revised Code on the portion of any street or highway that is 10,704
located immediately adjacent to the boundaries of the county in 10,705
which the sheriff or deputy sheriff is elected or appointed. 10,706
(2) A member of the police force of a township police 10,708
district created under section 505.48 of the Revised Code, a 10,709
member of the police force of a joint township police district 10,710
created under section 505.481 of the Revised Code, and OR a 10,711
township constable appointed in accordance with section 509.01 of 10,713
the Revised Code, who has received a certificate from the Ohio 10,714
peace officer training commission under section 109.75 of the 10,715
Revised Code, may arrest and detain, until a warrant can be 10,716
obtained, any person found violating any section or chapter of 10,717
the Revised Code listed in division (E)(1) of this section, other 10,718
than sections 4513.33 and 4513.34 of the Revised Code, on the 10,719
portion of any street or highway that is located immediately 10,720
adjacent to the boundaries of the township police district or 10,721
245
joint township police district, in the case of a member of a 10,722
township police district or joint township police district police 10,723
force, or the unincorporated territory of the township, in the 10,724
case of a township constable. However, if the population of the 10,725
township that created the township police district served by the 10,726
member's police force, or the townships that created the joint 10,727
township police district served by the member's police force, or 10,728
the township that is served by the township constable, is sixty 10,729
thousand or less, the member of the township police district or 10,730
joint police district police force or the township constable may 10,731
not make an arrest under this division (E)(2) OF THIS SECTION on 10,733
a state highway that is included as part of the interstate 10,734
system.
(3) A police officer or village marshal appointed, 10,736
elected, or employed by a municipal corporation may arrest and 10,737
detain, until a warrant can be obtained, any person found 10,738
violating any section or chapter of the Revised Code listed in 10,739
division (E)(1) of this section on the portion of any street or 10,740
highway that is located immediately adjacent to the boundaries of 10,741
the municipal corporation in which the police officer or village 10,742
marshal is appointed, elected, or employed. 10,743
(F)(1) A department of mental health special police 10,745
officer or a department of mental retardation and developmental 10,746
disabilities special police officer may arrest without a warrant 10,747
and detain until a warrant can be obtained any person found 10,748
committing on the premises of any institution under the 10,749
jurisdiction of the particular department a misdemeanor under a 10,750
law of the state.
A department of mental health special police officer or a 10,752
department of mental retardation and developmental disabilities 10,753
special police officer may arrest without a warrant and detain 10,754
until a warrant can be obtained any person who has been 10,755
hospitalized, institutionalized, or confined in an institution 10,756
under the jurisdiction of the particular department pursuant to 10,757
246
or under authority of section 2945.37, 2945.371, 2945.38, 10,758
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 10,760
who is found committing on the premises of any institution under 10,761
the jurisdiction of the particular department a violation of 10,762
section 2921.34 of the Revised Code that involves an escape from 10,763
the premises of the institution. 10,764
(2)(a) If a department of mental health special police 10,766
officer or a department of mental retardation and developmental 10,767
disabilities special police officer finds any person who has been 10,768
hospitalized, institutionalized, or confined in an institution 10,769
under the jurisdiction of the particular department pursuant to 10,770
or under authority of section 2945.37, 2945.371, 2945.38, 10,771
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 10,773
committing a violation of section 2921.34 of the Revised Code 10,774
that involves an escape from the premises of the institution, or 10,775
if there is reasonable ground to believe that a violation of 10,776
section 2921.34 of the Revised Code has been committed that 10,777
involves an escape from the premises of an institution under the 10,778
jurisdiction of the department of mental health or the department 10,779
of mental retardation and developmental disabilities and if a 10,780
department of mental health special police officer or a 10,781
department of mental retardation and developmental disabilities 10,782
special police officer has reasonable cause to believe that a 10,783
particular person who has been hospitalized, institutionalized, 10,784
or confined in the institution pursuant to or under authority of 10,785
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 10,786
or 2945.402 of the Revised Code is guilty of the violation, the 10,787
special police officer, outside of the premises of the 10,788
institution, may pursue, arrest, and detain that person for that 10,789
violation of section 2921.34 of the Revised Code, until a warrant 10,790
can be obtained, if both of the following apply: 10,791
(i) The pursuit takes place without unreasonable delay 10,793
after the offense is committed.; 10,794
(ii) The pursuit is initiated within the premises of the 10,796
247
institution from which the violation of section 2921.34 of the 10,797
Revised Code occurred. 10,798
(b) For purposes of division (F)(2)(a) of this section, 10,800
the execution of a written statement by the administrator of the 10,801
institution in which a person had been hospitalized, 10,802
institutionalized, or confined pursuant to or under authority of 10,803
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 10,805
or 2945.402 of the Revised Code alleging that the person has 10,806
escaped from the premises of the institution in violation of 10,807
section 2921.34 of the Revised Code constitutes reasonable ground 10,808
to believe that the violation was committed and reasonable cause 10,809
to believe that the person alleged in the statement to have 10,810
committed the offense is guilty of the violation. 10,811
(G) As used in this section: 10,813
(1) A "department of mental health special police officer" 10,815
means a special police officer of the department of mental health 10,816
designated under section 5119.14 of the Revised Code who is 10,817
certified by the Ohio peace officer training commission under 10,818
section 109.77 of the Revised Code as having successfully 10,819
completed an approved peace officer basic training program. 10,820
(2) A "department of mental retardation and developmental 10,822
disabilities special police officer" means a special police 10,824
officer of the department of mental retardation and developmental 10,825
disabilities designated under section 5123.13 of the Revised Code 10,826
who is certified by the Ohio peace officer training council under 10,827
section 109.77 of the Revised Code as having successfully 10,828
completed an approved peace officer basic training program. 10,829
(3) "Deadly weapon" has the same meaning as in section 10,831
2923.11 of the Revised Code. 10,832
(4) "Family or household member" has the same meaning as 10,834
in section 2919.25 of the Revised Code. 10,835
(5) "Street" or "highway" has the same meaning as in 10,837
section 4511.01 of the Revised Code. 10,838
(6) "Interstate system" has the same meaning as in section 10,840
248
5516.01 of the Revised Code. 10,841
(7) "DEPARTMENT OF NATURAL RESOURCES PEACE OFFICER" MEANS 10,844
AN EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A 10,846
FOREST OFFICER DESIGNATED PURSUANT TO SECTION 1503.29, A PRESERVE 10,847
OFFICER DESIGNATED PURSUANT TO SECTION 1517.10, A WILDLIFE 10,848
OFFICER DESIGNATED PURSUANT TO SECTION 1531.13, A PARK OFFICER 10,849
DESIGNATED PURSUANT TO SECTION 1541.10, OR A STATE WATERCRAFT 10,850
OFFICER DESIGNATED PURSUANT TO SECTION 1547.521 OF THE REVISED 10,853
CODE.
(8) "LANDS AND WATERS OF THE DEPARTMENT OF NATURAL 10,855
RESOURCES" MEANS LANDS AND WATERS OWNED, CONTROLLED, MAINTAINED, 10,856
OR ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES AND ANY 10,857
OTHER AREAS SPECIFIED IN SECTION 1503.29, 1517.10, 1531.13, 10,858
1541.10, OR 1547.521 OF THE REVISED CODE OVER WHICH A DEPARTMENT 10,861
OF NATURAL RESOURCES PEACE OFFICER MAY EXERCISE AUTHORITY. 10,862
Sec. 3937.42. (A) The chief or head law enforcement 10,871
officer of any federal, state, or local law enforcement agency or 10,872
a prosecuting attorney of any county may request any insurance 10,873
company, or agent authorized by the company to act on its behalf, 10,874
that has investigated or is investigating a claim involving motor 10,875
vehicle insurance OR VESSEL INSURANCE to release any information 10,876
in its possession relevant to the claim. The company or agent 10,878
shall release the information that is requested in writing by the 10,879
law enforcement officer. 10,880
(B) If an insurance company, or agent authorized by the 10,882
company to act on its behalf, has reason to suspect that a loss 10,883
involving a motor vehicle OR VESSEL that is insured by the 10,884
company is part of a fraudulent scheme to obtain control of motor 10,886
vehicle insurance proceeds, the company or agent shall notify a 10,887
law enforcement officer or a prosecuting attorney of any county 10,888
having jurisdiction over the alleged fraud. 10,889
(C) An insurance company, or agent authorized by the 10,891
company to act on its behalf, shall release any information 10,892
requested in writing pursuant to division (A) of this section and 10,893
249
cooperate with the officer or a prosecuting attorney of any 10,894
county authorized to request the information. The company or 10,895
agent shall take such action as may be reasonably requested of it 10,896
by the officer or a prosecuting attorney of any county and shall 10,897
permit any other person ordered by a court to inspect any 10,898
information that is specifically requested by the court. 10,899
The information that may be requested pursuant to this 10,901
section may include, but is not limited to, the following: 10,902
(1) Any insurance policy relevant to the claim under 10,904
investigation and any application for such a policy; 10,905
(2) Policy premium payment records; 10,907
(3) History of previous motor vehicle claims INVOLVING A 10,909
MOTOR VEHICLE OR VESSEL made by the insured; 10,911
(4) Material relating to the investigation of the claim, 10,913
including statements of any person, proof of loss, and any other 10,914
relevant evidence. 10,915
(D) If the law enforcement officer or a prosecuting 10,917
attorney of any county mentioned in division (A) of this section 10,918
has received information pursuant to this section from an 10,919
insurance company, or agent authorized by the company to act on 10,920
its behalf, the officer or a prosecuting attorney of any county 10,921
may release to, and share with, the insurance company or agent 10,922
any information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 10,923
possession relative to the claim, upon the written request of the 10,925
insurance company or agent.
(E) In the absence of fraud, recklessness, or malice, no 10,927
insurance company, or agent authorized by the company to act on 10,928
its behalf, is liable for damages in any civil action, including 10,929
any action brought pursuant to section 1347.10 of the Revised 10,930
Code for any oral or written statement made or any other action 10,931
taken that is necessary to supply information required pursuant 10,932
to this section. 10,933
(F) Except as otherwise provided in division (D) of this 10,935
section, any officer or a prosecuting attorney of any county 10,936
250
receiving any information furnished pursuant to this section 10,937
shall hold the information in confidence and shall not disclose 10,938
it to anyone except other law enforcement officers or agencies 10,939
until its release is required pursuant to a criminal or civil 10,940
proceeding. 10,941
(G) Any officer or a prosecuting attorney of any county 10,943
referred to in division (A) of this section may testify as to any 10,944
information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 10,945
possession regarding the claim referred to in that division in 10,947
any civil action in which any person seeks recovery under a 10,948
policy against an insurance company.
(H) As used in this section, "motor vehicle": 10,950
(1) "MOTOR VEHICLE" has the same meaning as in section 10,953
4501.01 of the Revised Code.
(2) "VESSEL" HAS THE SAME MEANING AS IN SECTION 1547.01 OF 10,955
THE REVISED CODE.
(I)(1) No person shall purposely refuse to release any 10,957
information requested pursuant to this section by an officer or a 10,958
prosecuting attorney of any county authorized by division (A) of 10,959
this section to request the information. 10,960
(2) No person shall purposely refuse to notify an 10,962
appropriate law enforcement officer or a prosecuting attorney of 10,963
any county of a loss required to be reported pursuant to division 10,964
(B) of this section. 10,965
(3) No person shall purposely fail to hold in confidence 10,967
information required to be held in confidence by division (F) of 10,968
this section. 10,969
Sec. 4905.03. As used in this chapter: 10,979
(A) Any person, firm, copartnership, voluntary 10,981
association, joint-stock association, company, or corporation, 10,982
wherever organized or incorporated, is: 10,983
(1) A telegraph company, when engaged in the business of 10,985
transmitting telegraphic messages to, from, through, or in this 10,986
state; 10,987
251
(2) A telephone company, when engaged in the business of 10,989
transmitting telephonic messages to, from, through, or in this 10,990
state and as such is a common carrier; 10,991
(3) A motor transportation company, when engaged in the 10,993
business of carrying and transporting persons or property or the 10,994
business of providing or furnishing such transportation service, 10,995
for hire, in or by motor-propelled vehicles of any kind, 10,996
including trailers, for the public in general, over any public 10,997
street, road, or highway in this state, except as provided in 10,998
section 4921.02 of the Revised Code; 10,999
(4) An electric light company, when engaged in the 11,001
business of supplying electricity for light, heat, or power 11,002
purposes to consumers within this state; 11,003
(5) A gas company, when engaged in the business of 11,005
supplying artificial gas for lighting, power, or heating purposes 11,006
to consumers within this state or when engaged in the business of 11,007
supplying artificial gas to gas companies or to natural gas 11,008
companies within this state, but a producer engaged in supplying 11,009
to one or more gas or natural gas companies, only such artifical 11,010
ARTIFICIAL gas as is manufactured by such THAT producer as a 11,011
by-product of some other process in which such THE producer is 11,012
primarily engaged within this state is not thereby a gas company. 11,013
All rates, rentals, tolls, schedules, charges of any kind, or 11,014
agreements between any gas company and any other gas company or 11,015
any natural gas company providing for the supplying of artificial 11,016
gas and for compensation for the same, are subject to the 11,017
jurisdiction of the public utilities commission. 11,018
(6) A natural gas company, when engaged in the business of 11,020
supplying natural gas for lighting, power, or heating purposes to 11,021
consumers within this state, or when engaged in the business of 11,022
supplying natural gas to gas companies or to natural gas 11,023
companies within this state, but where a producer supplies to one 11,024
or more gas or natural gas companies only such gas as is produced 11,025
by such producer from wells drilled on land owned in fee by such 11,026
252
producer or where the principal use of such land by said producer 11,027
is other than the production of gas, within this state, such 11,028
producer is not thereby a natural gas company. All. 11,029
NOTWITHSTANDING THE ABOVE, NEITHER THE DELIVERY NOR SALE OF OHIO 11,031
PRODUCED NATURAL GAS BY A PRODUCER OR GATHERER UNDER A PUBLIC 11,032
UTILITIES COMMISSION-ORDERED EXEMPTION, ADOPTED BEFORE, AS TO 11,033
PRODUCERS, OR AFTER, AS TO PRODUCERS OR GATHERERS, THE EFFECTIVE 11,034
DATE OF THIS AMENDMENT, OR THE DELIVERY OR SALE OF OHIO PRODUCED 11,036
NATURAL GAS BY A PRODUCER OR GATHERER OF OHIO PRODUCED NATURAL 11,037
GAS, EITHER TO A LESSOR UNDER AN OIL AND GAS LEASE OF THE LAND ON 11,038
WHICH THE PRODUCER'S DRILLING UNIT IS LOCATED, OR THE GRANTOR 11,039
INCIDENT TO A RIGHT-OF-WAY OR EASEMENT TO THE PRODUCER OR 11,040
GATHERER, SHALL CAUSE THE PRODUCER OR GATHERER TO BE A NATURAL 11,041
GAS COMPANY FOR THE PURPOSES OF THIS SECTION. 11,042
ALL rates, rentals, tolls, schedules, charges of any kind, 11,045
or agreements between a natural gas company and other natural gas 11,046
companies or gas companies providing for the supply of natural 11,047
gas and for compensation for the same, are subject to the 11,048
jurisdiction of the public utilities commission. The commission 11,049
may, upon application made to it, MAY relieve any producer OR 11,050
GATHERER of natural gas, defined in this section as a gas company 11,052
or a natural gas company, of compliance with the obligations 11,053
imposed by THIS CHAPTER AND Chapters 4901., 4903., 4905., 4907., 11,055
4909., 4921., and 4923. of the Revised Code, so long as such THE 11,056
producer is not affiliated with or under the control of a gas 11,058
company or a natural gas company engaged in the transportation or 11,059
distribution of natural gas, or so long as such THE producer does 11,060
not engage in the distribution of natural gas to consumers. 11,062
NOTHING IN DIVISION (A)(6) OF THIS SECTION LIMITS THE 11,064
AUTHORITY OF THE COMMISSION TO ENFORCE SECTIONS 4905.90 TO 11,065
4905.96 OF THE REVISED CODE.
(7) A pipe-line company, when engaged in the business of 11,067
transporting natural gas, oil, or coal or its derivatives through 11,068
pipes or tubing, either wholly or partly within this state; 11,069
253
(8) A water-works company, when engaged in the business of 11,071
supplying water through pipes or tubing, or in a similar manner, 11,072
to consumers within this state; 11,073
(9) A heating or cooling company, when engaged in the 11,075
business of supplying water, steam, or air through pipes or 11,076
tubing to consumers within this state for heating or cooling 11,077
purposes; 11,078
(10) A messenger company, when engaged in the business of 11,080
supplying messengers for any purpose; 11,081
(11) A street railway company, when engaged in the 11,083
business of operating as a common carrier, a railway, wholly or 11,084
partly within this state, with one or more tracks upon, along, 11,085
above, or below any public road, street, alleyway, or ground, 11,086
within any municipal corporation, operated by any motive power 11,087
other than steam and not a part of an interurban railroad, 11,088
whether such THE railway is termed street, inclined-plane, 11,089
elevated, or underground railway; 11,091
(12) A suburban railroad company, when engaged in the 11,093
business of operating as a common carrier, whether wholly or 11,094
partially within this state, a part of a street railway 11,095
constructed or extended beyond the limits of a municipal 11,096
corporation, and not a part of an interurban railroad; 11,097
(13) An interurban railroad company, when engaged in the 11,099
business of operating a railroad, wholly or partially within this 11,100
state, with one or more tracks from one municipal corporation or 11,101
point in this state to another municipal corporation or point in 11,102
this state, whether constructed upon the public highways or upon 11,103
private rights-of-way, outside of municipal corporations, using 11,104
electricity or other motive power than steam power for the 11,105
transportation of passengers, packages, express matter, United 11,106
States mail, baggage, and freight. Such AN interurban railroad 11,107
company is included in the term "railroad" as used in section 11,108
4907.02 of the Revised Code;. 11,109
(14) A sewage disposal system company, when engaged in the 11,111
254
business of sewage disposal services through pipes or tubing, and 11,112
treatment works, or in a similar manner, within this state. 11,113
(B) "Motor-propelled vehicle" means any automobile, 11,115
automobile truck, motor bus, or any other self-propelled vehicle 11,116
not operated or driven upon fixed rails or tracks. 11,117
Nothing in this section shall be construed to mean that an 11,119
electric light company operated not for profit, owned and 11,120
operated exclusively by and solely for its customers, or owned or 11,121
operated by a municipal corporation, is subject to sections 11,122
4905.66, 4905.67, 4905.68, and 4905.69 of the Revised Code. 11,123
Sec. 5749.02. (A) For the purpose of providing revenue to 11,133
administer the state's coal mining and reclamation regulatory 11,134
program, to meet the environmental and resource management needs 11,135
of this state, and to reclaim land affected by mining, an excise 11,136
tax is hereby levied on the privilege of engaging in the 11,137
severance of natural resources from the soil or water of this 11,138
state. The tax shall be imposed upon the severer and shall be: 11,139
(1) Seven cents per ton of coal; 11,141
(2) Four cents per ton of salt; 11,143
(3) Two cents per ton of limestone or dolomite; 11,145
(4) Two cents per ton of sand and gravel; 11,147
(5) Ten cents per barrel of oil; 11,149
(6) Two and one-half cents per thousand cubic feet of 11,151
natural gas; 11,152
(7) One cent per ton of clay, sandstone or conglomerate, 11,154
shale, gypsum, or quartzite. 11,155
(B) Of the moneys received by the treasurer of state from 11,157
the tax levied in division (A)(1) of this section, six and 11,158
three-tenths per cent shall be credited to the geological mapping 11,159
fund created in section 1505.09 of the Revised Code, fourteen and 11,160
two-tenths per cent shall be credited to the defaulted areas 11,161
RECLAMATION SUPPLEMENTAL FORFEITURE fund created in division (B) 11,163
of section 1513.18 of the Revised Code, fifty-seven and 11,164
nine-tenths per cent shall be credited to the coal mining 11,165
255
administration and reclamation reserve fund created in section 11,166
1513.181 of the Revised Code, and the remainder shall be credited 11,167
to the unreclaimed lands fund created in section 1513.30 of the 11,168
Revised Code. When, within ten days before or after the 11,169
beginning of a fiscal year, the chief of the division of mines 11,170
and reclamation finds that the balance of the coal mining
administration and reclamation reserve fund is below two million 11,171
dollars, the chief shall certify that fact to the director of 11,172
budget and management. Upon receipt of the chief's 11,173
certification, the director shall direct the treasurer of state 11,174
to instead credit to the coal mining administration and 11,175
reclamation reserve fund during the fiscal year for which the 11,176
certification is made the fourteen and two-tenths per cent of the 11,177
moneys collected from the tax levied in division (A)(1) of this 11,178
section and otherwise required by this division to be credited to 11,179
the defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund. 11,180
Fifteen per cent of the moneys received by the treasurer of 11,182
state from the tax levied in division (A)(2) of this section 11,183
shall be credited to the geological mapping fund and the 11,184
remainder shall be credited to the unreclaimed lands fund. 11,185
Of the moneys received by the treasurer of state from the 11,187
tax levied in divisions (A)(3) and (4) of this section, seven and 11,188
five-tenths per cent shall be credited to the geological mapping 11,189
fund, forty-two and five-tenths per cent shall be credited to the 11,190
unreclaimed lands fund, and the remainder shall be credited to 11,191
the surface mining administration fund created in section 1514.11 11,192
of the Revised Code. 11,193
Of the moneys received by the treasurer of state from the 11,195
tax levied in divisions (A)(5) and (6) of this section, twenty 11,196
per cent shall be credited to the oil and gas well plugging fund 11,199
created in section 1509.071 of the Revised Code, ten per cent 11,200
shall be credited to the geological mapping fund, and seventy per 11,201
cent shall be credited to the oil and gas permit fund created in 11,203
section 1509.02 of the Revised Code. All of the moneys received 11,204
256
by the treasurer of state from the tax levied in division (A)(7) 11,205
of this section shall be credited to the surface mining 11,206
administration fund.
(C) For the purpose of paying the state's expenses for 11,208
reclaiming coal mined lands that the operator failed to reclaim 11,209
in accordance with Chapter 1513. of the Revised Code under a coal 11,210
mining and reclamation permit issued under that chapter on or 11,211
after September 1, 1981, and CHAPTER 1513. OF THE REVISED CODE, 11,212
OR UNDER A SURFACE MINING PERMIT ISSUED UNDER CHAPTER 1514. OF 11,213
THE REVISED CODE, for which the operator's bond is not sufficient 11,215
to pay the state's expense for reclamation, there is hereby 11,216
levied an excise tax on the privilege of engaging in the
severance of coal from the soil or water of this state in 11,217
addition to the taxes levied by divisions (A)(1) and (D) of this 11,218
section. The tax shall be imposed at the rate of one cent per 11,219
ton of coal as prescribed in this division. Moneys received by 11,220
the treasurer of state from the tax levied under this division 11,221
shall be credited to the reclamation supplemental forfeiture fund 11,222
created in division (D)(B) of section 1513.18 of the Revised 11,223
Code. 11,224
The tax levied by this division shall be imposed when, 11,226
during any fiscal year, the balance of the reclamation 11,227
supplemental forfeiture fund is reduced below two million dollars 11,228
and five hundred thousand dollars has been transferred to the 11,229
reclamation supplemental forfeiture fund from the unreclaimed 11,230
lands fund during the fiscal year. The tax shall be imposed in 11,231
the calendar year following the close of the fiscal year during 11,232
which the balance is so reduced and shall continue to be imposed 11,233
until the end of the calendar year in which the balance of the 11,234
reclamation supplemental forfeiture fund is restored to two 11,235
million dollars, at which time the imposition of the tax shall be 11,236
suspended until the time that the circumstances requiring the tax 11,237
to be imposed recur. 11,238
When, at the close of the fiscal year, the chief of the 11,240
257
division of mines and reclamation finds that the balance of the 11,241
reclamation supplemental forfeiture fund is below two million 11,242
dollars and that five hundred thousand dollars has been 11,243
transferred to the fund previously in the fiscal year, the chief, 11,244
within thirty days after the close of the fiscal year, shall 11,245
certify that fact to the tax commissioner, at which time the 11,246
circumstances requiring the imposition of the tax shall be deemed 11,247
to have occurred. 11,248
(D) For the purpose of paying the state's expenses for 11,250
reclaiming coal mined lands that the operator failed to reclaim 11,251
in accordance with Chapter 1513. of the Revised Code under a coal 11,252
mining and reclamation permit issued after April 10, 1972, but 11,253
before September 1, 1981, for which the operator's bond is not 11,254
sufficient to pay the state's expense for reclamation and paying 11,255
the expenses for administering the state's coal mining and 11,256
reclamation regulatory program, there is hereby levied an excise 11,257
tax on the privilege of engaging in the severance of coal from 11,258
the soil or water of this state in addition to the taxes levied 11,259
by divisions (A)(1) and (C) of this section. The tax shall be 11,260
imposed at the rate of one cent per ton of coal as prescribed in 11,261
this division. Moneys received by the treasurer of state from 11,262
the tax levied by this division shall be credited to the 11,263
defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund created 11,264
in division (B) of section 1513.18 of the Revised Code. 11,266
When, at the close of any fiscal year, the chief finds that 11,268
the balance of the defaulted areas RECLAMATION SUPPLEMENTAL 11,269
FORFEITURE fund, plus estimated transfers to it from the coal 11,271
mining and reclamation reserve fund under section 1513.181 of the 11,272
Revised Code, plus the estimated revenues from the tax levied by 11,273
this division for the remainder of the calendar year that 11,274
includes the close of the fiscal year, are sufficient to complete 11,275
the reclamation of such lands, the purposes for which the tax 11,276
under this division is levied shall be deemed accomplished at the 11,277
end of that calendar year. The chief, within thirty days after 11,278
258
the close of the fiscal year, shall certify his THOSE findings to 11,279
the tax commissioner, and the tax shall cease to be imposed after 11,281
the last day of that calendar year.
(E) On the day fixed for the payment of the severance 11,283
taxes required to be paid by this section, the taxes with any 11,284
penalties or interest thereon ON THEM shall become a lien on all 11,286
property of the taxpayer in this state, whether the property is 11,287
employed by the taxpayer in the prosecution of its business or is 11,288
in the hands of an assignee, trustee, or receiver for the benefit 11,289
of creditors or stockholders. The lien shall continue until the 11,290
taxes and any penalties or interest thereon are paid. 11,291
Upon failure of the taxpayer to pay a tax on the day fixed 11,293
for payment, the tax commissioner may file, for which no filing 11,294
fee shall be charged, in the office of the county recorder in 11,295
each county in this state in which the taxpayer owns or has a 11,296
beneficial interest in real estate, notice of the lien containing 11,297
a brief description of the real estate. The lien shall not be 11,298
valid as against any mortgagee, purchaser, or judgment creditor 11,299
whose rights have attached prior to the time the notice is filed 11,300
in the county in which the real estate that is the subject of the 11,302
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 11,303
"severance tax lien record" and indexed under the name of the 11,304
taxpayer charged with the tax. When the tax has been paid, the 11,305
tax commissioner shall furnish to the taxpayer an acknowledgement 11,306
of payment, which the taxpayer may record with the recorder of 11,307
each county in which notice of the lien has been filed. 11,308
Sec. 6111.42. The environmental protection agency shall DO 11,317
ALL OF THE FOLLOWING: 11,318
(A) Collect PRIMARILY WITH REGARD TO WATER QUALITY, 11,320
COLLECT, study, and interpret all available information, 11,322
statistics, and data pertaining to the supply, use, conservation, 11,323
and replenishment of the underground GROUND and surface waters in 11,325
the state;
259
(B) Be PRIMARILY WITH REGARD TO WATER QUALITY, BE 11,327
authorized to cooperate with and negotiate for the state with any 11,329
agency of the United States government or agency of any other 11,330
state pertaining to the water resources of the state; 11,331
(C) Be authorized to perform stream gauging and contract 11,333
with the United States government or any other agency for the 11,334
gauging of any streams within the state; 11,335
(D) Have authority to furnish information to all public 11,337
officials, offices, and agencies of and in the state, and to 11,338
farmers, well drillers, water consumers, industries, and any 11,339
other persons seeking information regarding water resources; 11,340
(E) Prescribe such regulations subject to and ADOPT RULES 11,342
in accordance with sections 119.01 to 119.13 CHAPTER 119. of the 11,344
Revised Code, for the drilling, operation, maintenance, and 11,345
abandonment of wells as THAT are deemed DETERMINED TO BE 11,346
necessary by the director of environmental protection to prevent 11,348
the contamination of the underground GROUND waters in the state, 11,350
except that such regulations THE RULES shall not apply to wells 11,352
for the provision of water for human consumption unless they are 11,353
used, or are for use, by a public water system as defined in 11,354
section 6109.01 of the Revised Code. No person shall violate any 11,355
such regulation A RULE ADOPTED UNDER THIS DIVISION.
(F) Have access to all information and statistics which 11,357
THAT any public authority within the state has available which 11,358
AND THAT the director deems DETERMINES ARE pertinent to its 11,360
duties;
(G) Have authority to prepare an accurate map and 11,362
description of the territorial boundaries of proposed watershed 11,363
districts within the state. Such THE map and description shall 11,364
follow the property line, section line, half section line, or 11,365
patent line which THAT is nearest to the hydrologic boundary of 11,366
the proposed watershed district. There shall be not less than 11,368
fifteen nor more than eighteen proposed watershed districts in 11,369
the state, and each shall be composed of one or more major river 11,370
260
watersheds. When a map and a description of a proposed watershed 11,371
district has been completed, the director shall cause a copy 11,372
thereof OF THEM to be filed with the secretary of state and the 11,373
board of county commissioners of each county contained in whole 11,375
or in part within the territorial boundaries of such THE proposed 11,376
watershed district. 11,377
Section 2. That existing sections 123.01, 145.01, 145.33, 11,379
1501.01, 1501.02, 1501.10, 1502.01, 1502.04, 1502.05, 1502.99, 11,380
1503.01, 1503.05, 1503.29, 1503.43, 1504.02, 1505.10, 1505.99, 11,381
1506.02, 1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 11,382
1509.072, 1509.13, 1509.14, 1509.22, 1509.222, 1509.31, 1511.02, 11,383
1511.022, 1513.02, 1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 11,384
1515.03, 1515.08, 1515.24, 1517.10, 1517.14, 1518.20, 1518.21, 11,385
1518.22, 1518.23, 1518.24, 1518.25, 1518.26, 1518.27, 1518.99, 11,386
1520.01, 1520.02, 1520.03, 1521.03, 1521.05, 1531.01, 1531.06, 11,387
1531.13, 1531.20, 1531.99, 1533.01, 1533.06, 1533.08, 1533.10, 11,388
1533.12, 1533.171, 1533.24, 1533.67, 1533.68, 1533.70, 1533.71, 11,389
1533.82, 1533.99, 1541.03, 1541.10, 1547.01, 1547.03, 1547.04, 11,390
1547.08, 1547.09, 1547.111, 1547.12, 1547.13, 1547.131, 1547.14, 11,391
1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 1547.30, 1547.302, 11,392
1547.31, 1547.33, 1547.39, 1547.40, 1547.52, 1547.521, 1547.57, 11,393
1547.69, 1548.01, 1548.05, 1548.06, 2935.01, 2935.03, 3937.42, 11,394
4905.03, 5749.02, and 6111.42 and sections 1515.06 and 1515.071 11,395
of the Revised Code are hereby repealed.
Section 3. That section 1506.11 of the Revised Code, as 11,397
amended by Am. Sub. H.B. 60 of the 121st General Assembly, be 11,398
amended to read as follows: 11,399
Sec. 1506.11. (A) "Territory," as used in this section, 11,409
means the waters and the lands presently underlying the waters of 11,410
Lake Erie and the lands formerly underlying the waters of Lake 11,411
Erie and now artificially filled, between the natural shoreline 11,412
and the international boundary line with Canada. 11,413
(B) Whenever the state, acting through the director of 11,415
natural resources, upon application of any person who wants to 11,417
261
develop or improve part of the territory, and after notice THAT 11,418
THE DIRECTOR, AT THE DIRECTOR'S DISCRETION, MAY GIVE as provided 11,419
in this section, determines that any part of the territory can be 11,420
developed and improved or the waters thereof used as specified in 11,421
the application without impairment of the public right of 11,422
navigation, water commerce, and fishery, a lease of all or any 11,423
part of the state's interest therein may be entered into with the 11,424
applicant, or a permit may be issued for that purpose, subject to 11,425
the powers of the United States government and in accordance with 11,426
rules adopted by the director in accordance with Chapter 119. of 11,427
the Revised Code, and without prejudice to the littoral rights of 11,428
any owner of land fronting on Lake Erie, provided that the 11,429
legislative authority of the municipal corporation within which 11,430
any such part of the territory is located, if the municipal 11,431
corporation is not within the jurisdiction of a port authority, 11,432
or the county commissioners of the county within which such part 11,433
of the territory is located, excluding any territory within a 11,434
municipal corporation or under the jurisdiction of a port 11,435
authority, or the board of directors of a port authority with 11,436
respect to such part of the territory included in the 11,437
jurisdiction of the port authority, has enacted an ordinance or 11,438
resolution finding and determining that such part of the 11,439
territory, described by metes and bounds, is not necessary or 11,440
required for the construction, maintenance, or operation by the 11,441
municipal corporation, county, or port authority of breakwaters, 11,442
piers, docks, wharves, bulkheads, connecting ways, water terminal 11,443
facilities, and improvements and marginal highways in aid of 11,444
navigation and water commerce and that the land uses specified in 11,445
the application comply with regulation of permissible land use 11,446
under a waterfront plan of the local authority. 11,447
(C) Upon the filing of the application with the director, 11,450
the director may hold a public hearing thereon and shall MAY 11,451
cause written notice of the filing to be given to any municipal 11,453
corporation, county, or port authority, as the case may be, in 11,454
262
which such part of the territory is located and also shall cause 11,455
public notice of the filing to be given by advertisement in a 11,457
newspaper of general circulation within the locality where such 11,458
part of the territory is located. If a hearing is to be held, 11,459
public notice of the filing may be combined with public notice of 11,460
the hearing and shall be given once a week for four consecutive 11,461
weeks prior to the date of the initial hearing. All hearings 11,462
shall be before the director and shall be open to the public, and 11,463
a record shall be made of the proceeding. Parties thereto are 11,464
entitled to be heard and to be represented by counsel. The 11,465
findings and order of the director shall be in writing. All 11,466
costs of the hearings, including publication costs, shall be paid 11,467
by the applicant. The director also may hold public meetings on 11,468
the filing of an application. 11,469
If the director finds that a lease may properly be entered 11,471
into with the applicant or a permit may properly be issued to the 11,472
applicant, the director shall determine the consideration to be 11,474
paid by the applicant, which consideration shall exclude the 11,475
value of the littoral rights of the owner of land fronting on 11,476
Lake Erie and improvements made or paid for by the owner of land 11,477
fronting on Lake Erie or that owner's predecessors in title. The 11,479
lease or permit may be for such periods of time as the director 11,480
determines. The rentals received under the terms of such a lease 11,481
or permit shall be paid into the state treasury to the credit of 11,482
the Lake Erie submerged lands fund, which is hereby created, and 11,483
shall be distributed from that fund as follows: 11,484
(1) Fifty per cent of each rental shall be paid to the 11,486
department of natural resources for the administration of this 11,487
section and section 1506.10 of the Revised Code and for the 11,488
coastal management assistance grant program required to be 11,489
established under division (C) of section 1506.02 of the Revised 11,490
Code; 11,491
(2) Fifty per cent of each rental shall be paid to the 11,493
municipal corporation, county, or port authority making the 11,494
263
finding provided for in this section. 11,495
All leases and permits shall be executed in the manner 11,497
provided by section 5501.01 of the Revised Code and shall 11,498
contain, in addition to the provisions required in this section, 11,499
a reservation to the state of all mineral rights and a provision 11,500
that the removal of any minerals shall be conducted in such 11,501
manner as not to damage any improvements placed by the littoral 11,502
owner, lessee, or permit holder on the lands. No lease or permit 11,503
of the lands defined in this section shall express or imply any 11,504
control of fisheries or aquatic wildlife now vested in the 11,505
division of wildlife of the department. 11,506
(D) Upland owners who, prior to October 13, 1955, have 11,508
erected, developed, or maintained structures, facilities, 11,509
buildings, or improvements or made use of waters in the part of 11,510
the territory in front of those uplands shall be granted a lease 11,511
or permit by the state upon the presentation of a certification 11,512
by the chief executive of a municipal corporation, resolution of 11,513
the board of county commissioners, or resolution of the board of 11,514
directors of the port authority establishing that the structures, 11,515
facilities, buildings, improvements, or uses do not constitute an 11,516
unlawful encroachment on navigation and water commerce. The 11,517
lease or permit shall specifically enumerate the structures, 11,518
facilities, buildings, improvements, or uses so included. 11,519
(E) Persons having secured a lease or permit under this 11,521
section are entitled to just compensation for the taking, whether 11,522
for navigation, water commerce, or otherwise, by any governmental 11,523
authority having the power of eminent domain, of structures, 11,524
facilities, buildings, improvements, or uses erected or placed 11,525
upon the territory pursuant to the lease or permit or the 11,526
littoral rights of the person and for the taking of the leasehold 11,527
and the littoral rights of the person pursuant to the procedure 11,528
provided in Chapter 163. of the Revised Code. The compensation 11,529
shall not include any compensation for the site in the territory 11,530
except to the extent of any interest in the site theretofore 11,531
264
acquired by the person under this section or by prior acts of the 11,532
general assembly or grants from the United States government. 11,533
The failure of any person to apply for or obtain a lease or 11,534
permit under this section does not prejudice any right the person 11,535
may have to compensation for a taking of littoral rights or of 11,536
improvements made in accordance with a lease, a permit, or 11,537
littoral rights. 11,538
(F) If any taxes or assessments are levied or assessed 11,540
upon property that is the subject of a lease or permit under this 11,541
section, the taxes or assessments are the obligation of the 11,542
lessee or permit holder. 11,543
(G) If a lease or permit secured under this section 11,545
requires the lessee or permit holder to obtain the approval of 11,546
the department or any of its divisions for any changes in 11,548
structures, facilities, or buildings, for any improvements, or 11,549
for any changes or expansion in uses, no lessee or permit holder 11,550
shall change any structures, facilities, or buildings, make any 11,551
improvements, or expand or change any uses unless the director 11,552
first determines that the proposed action will not adversely 11,553
affect any current or prospective exercise of the public right of 11,554
recreation in the territory and in the state's reversionary 11,555
interest in any territory leased or permitted under this section. 11,556
Proposed changes or improvements shall be deemed to 11,558
"adversely affect" the public right of recreation if the changes 11,559
or improvements cause or will cause any significant demonstrable 11,560
negative impact upon any present or prospective recreational use 11,561
of the territory by the public during the term of the lease or 11,562
permit or any renewals and of any public recreational use of the 11,563
leased or permitted premises in which the state has a 11,564
reversionary interest. 11,565
Section 4. That all existing versions of section 1506.11 11,567
of the Revised Code are hereby repealed. 11,568
Section 5. Sections 3 and 4 of this act shall take effect 11,570
March 4, 1998. 11,571
265
Section 6. That section 1547.31 of the Revised Code, as 11,573
amended by Am. S.B. 295 of the 121st General Assembly, be amended 11,574
to read as follows: 11,575
Sec. 1547.31. (A) Every powercraft operated on the waters 11,585
in this state shall be equipped at all times with a muffler or a 11,586
muffler system that is in good working order, in constant 11,587
operation, and effectively installed to prevent excessive or 11,588
unusual noise.
(B)(1) No person shall operate or give permission for the 11,591
operation of a powercraft on the waters in this state in such a 11,592
manner as to exceed a noise level of ninety decibels on the "A" 11,594
scale when subjected to a stationary sound level test as 11,595
prescribed by SAE J2005. 11,597
(2) No person shall operate OR GIVE PERMISSION FOR THE 11,599
OPERATION OF a powercraft on the waters in this state in such a 11,601
manner as to exceed a noise level of seventy-five decibels on the 11,602
"A" scale measured as specified by SAE J1970. Measurement of a 11,605
noise level of not more than seventy-five decibels on the "A" 11,607
scale of a powercraft in operation does not preclude the 11,608
conducting of a stationary sound level test as prescribed by SAE 11,609
J2005. 11,610
(C) No person shall operate or give permission for the 11,613
operation of a powercraft on the waters in this state that is 11,614
equipped with an altered muffler or muffler cutout, or operate or 11,615
give permission for the operation of a powercraft on the waters 11,616
in this state in any manner that bypasses or otherwise reduces or 11,617
eliminates the effectiveness of any muffler or muffler system 11,618
installed in accordance with this section, unless the applicable 11,619
mechanism has been permanently disconnected or made inoperable. 11,620
(D) No person shall remove, alter, or otherwise modify in 11,623
any way a muffler or muffler system in a manner that will prevent 11,624
it from being operated in accordance with this section. 11,625
(E) No person shall manufacture, sell, or offer for sale a 11,628
powercraft that is not equipped with a muffler or muffler system 11,629
266
that prevents noise levels in excess of those established in 11,630
division (B)(1) of this section. 11,631
(F) This section does not apply to any of the following: 11,634
(1) A powercraft that is designed, manufactured, and sold 11,637
for the sole purpose of competing in racing events. The
exception established under division (F)(1) of this section shall 11,639
be documented in each sale agreement and shall be acknowledged 11,640
formally by the signatures of the buyer and the seller. The 11,641
buyer and the seller shall maintain copies of the sale agreement. 11,643
A copy of the sale agreement shall be kept aboard the powercraft 11,644
when it is operated. A powercraft to which the exception 11,645
established under division (F)(1) of this section applies shall 11,647
be operated on the waters in this state only in accordance with 11,648
division (F)(2) of this section. 11,649
(2) A powercraft that is actually participating in a 11,651
sanctioned racing event or in tune-up periods for a sanctioned 11,652
racing event on the waters in this state and that is being 11,653
operated in accordance with division (F)(2) of this section. For 11,655
the purposes of division (F)(2) of this section, a sanctioned 11,657
racing event is a racing event that is conducted in accordance 11,658
with section 1547.20 of the Revised Code or that is approved by 11,660
the United States coast guard. The operator of a powercraft that 11,663
is operated on the waters in this state for the purpose of a 11,664
sanctioned racing event shall comply with that section and 11,665
requirements established under it or with requirements 11,666
established by the coast guard, as appropriate. Failure to 11,667
comply subjects the operator to this section.
(3) A powercraft that is being operated on the waters in 11,670
this state by or for a boat or engine manufacturer for the
purpose of testing, development, or both and that complies with 11,671
division (F)(3) of this section. The operator of such a 11,673
powercraft shall have aboard at all times and shall produce on 11,674
demand of a law enforcement officer a current, valid letter 11,675
issued by the chief of the division of watercraft in accordance 11,676
267
with rules adopted under division (I)(1) of this section. 11,678
Failure to produce the letter subjects the operator to this 11,679
section.
(G) A law enforcement officer who is trained in accordance 11,682
with rules adopted under division (I)(2) of this section and who 11,684
has reason to believe that a powercraft is not in compliance with 11,685
the noise levels established in this section may direct the 11,686
operator of the powercraft to submit it to an on-site test to 11,687
measure the level of the noise emitted by the powercraft. The 11,688
operator shall comply with that direction. The officer may 11,689
remain aboard the powercraft during the test at the officer's 11,690
discretion.
If the level of the noise emitted by the powercraft exceeds 11,693
the noise levels established in this section, the officer may 11,694
direct the operator to take immediate and reasonable measures to 11,695
correct the violation, including returning the powercraft to a 11,696
mooring and keeping it at the mooring until the violation is 11,697
corrected or ceases.
(H) A law enforcement officer who conducts powercraft 11,700
noise level tests pursuant to this section shall be trained to do 11,701
so in accordance with rules adopted under division (I)(2) of this 11,703
section.
(I) In accordance with Chapter 119. of the Revised Code, 11,708
the chief shall adopt rules establishing both of the following: 11,709
(1) Requirements and procedures for the issuance of 11,711
letters under division (F)(3) of this section. The rules shall 11,713
require, without limitation, that each such letter adequately 11,714
identify the powercraft concerning which the letter is issued and 11,715
specify the purposes for which the powercraft is being operated. 11,716
(2) Requirements and procedures for the training of law 11,719
enforcement officers who conduct powercraft noise level tests 11,720
pursuant to this section. The rules shall require the training 11,721
to include, without limitation, the selection of a site where 11,722
noise level is measured and the calibration and use of noise 11,723
268
measurement equipment.
Section 7. That all existing versions of section 1547.31 11,725
of the Revised Code are hereby repealed. 11,726
Section 8. Sections 6 and 7 of this act shall take effect 11,728
January 1, 2000. 11,729
Section 9. Not later than ninety days after the effective 11,731
date of this act, each preserve officer, as defined in section 11,732
145.01 of the Revised Code as amended by this act, who is a 11,733
member of the Public Employees Retirement System shall indicate 11,734
to the system, on a form supplied by the retirement system, a 11,735
choice of whether to receive benefits under division (A) of 11,736
section 145.33 of the Revised Code or division (B) of that 11,737
section.
Section 10. All rules adopted by the Chief of the Division 11,739
of Natural Areas and Preserves in the Department of Natural 11,740
Resources pursuant to section 1518.22 of the Revised Code, as it 11,741
existed prior to the effective date of this act, continue in 11,742
effect as rules until amended or rescinded by the Chief of the 11,743
Division of Wildlife in that Department pursuant to section 11,744
1533.88 of the Revised Code, as amended by this act. If 11,745
necessary to ensure the integrity of the numbering of the 11,746
Administrative Code, the Director of the Legislative Service 11,747
Commission shall renumber the rules of the Division of Natural 11,748
Areas and Preserves to reflect their transfer to the Division of 11,749
Wildlife. 11,750
Section 11. The amendments to section 4905.03 of the 11,752
Revised Code by this act shall not be construed to modify rules 11,753
and orders of the Public Utilities Commission in existence on the 11,754
effective date of this act.
Section 12. Section 123.01 of the Revised Code is 11,756
presented in this act as a composite of the section as amended by 11,757
Am. Sub. H.B. 117, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 11,758
121st General Assembly, with the new language of none of the acts 11,759
shown in capital letters. Section 145.33 of the Revised Code is 11,760
269
presented in this act as a composite of the section as amended by 11,762
both Am. Sub. H.B. 379 and Am. Sub. H.B. 450 of the 121st General 11,763
Assembly, with the new language of neither of the acts shown in 11,764
capital letters. Section 1511.02 of the Revised Code is 11,765
presented in this act as a composite of the section as amended by 11,766
Am. Sub. S.B. 73, Am. Sub. S.B. 182, and Am. Sub. S.B. 226 of the 11,767
120th General Assembly, with the new language of none of the acts 11,768
shown in capital letters. Section 1513.181 of the Revised Code 11,769
is presented in this act as a composite of the section as amended 11,770
by both Am. Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st 11,771
General Assembly, with the new language of neither of the acts 11,772
shown in capital letters. Section 1515.08 of the Revised Code is 11,773
presented in this act as a composite of the section as amended by 11,774
both Am. Sub. S.B. 73 and Am. Sub. S.B. 182 of the 120th General 11,775
Assembly, with the new language of neither of the acts shown in 11,776
capital letters. Section 1531.01 of the Revised Code is 11,777
presented in this act as a composite of the section as amended by 11,778
both Am. Sub. S.B. 182 and Am. H.B. 287 of the 120th General 11,779
Assembly, with the new language of neither of the acts shown in 11,780
capital letters. Section 1533.10 of the Revised Code is 11,781
presented in this act as a composite of the section as amended by 11,782
both Sub. H.B. 715 and Am. Sub. S.B. 182 of the 120th General 11,783
Assembly, with the new language of neither of the acts shown in 11,784
capital letters. Section 5749.02 of the Revised Code is 11,785
presented in this act as a composite of the section as amended by 11,786
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General 11,787
Assembly, with the new language of neither of the acts shown in 11,788
capital letters. This is in recognition of the principle stated 11,789
in division (B) of section 1.52 of the Revised Code that such 11,790
amendments are to be harmonized where not substantively 11,791
irreconcilable and constitutes a legislative finding that such is 11,792
the resulting version in effect prior to the effective date of 11,793
this act.