As Reported by the Senate Energy, Natural Resources 1
and Environment Committee 2
122nd General Assembly 5
Regular Session Sub. S. B. No. 187 6
1997-1998 7
SENATOR WHITE 9
11
A B I L L
To amend sections 109.71, 109.751, 109.77, 109.801, 13
109.802, 123.01, 145.01, 145.33, 149.01, 1501.01, 14
1501.02, 1501.10, 1502.01, 1502.03, 1502.04, 15
1502.05, 1502.99, 1503.01, 1503.05, 1503.29, 16
1503.43, 1504.02, 1505.10, 1505.99, 1506.02, 17
1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 18
1509.071, 1509.072, 1509.13, 1509.14, 1509.22,
1509.222, 1509.31, 1511.02, 1511.022, 1513.02, 19
1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 20
1515.03, 1515.08, 1515.24, 1517.10, 1517.14, 21
1517.99, 1518.20 to 1518.27, 1518.99, 1520.01 to
1520.03, 1521.03, 1521.05, 1531.01, 1531.06, 22
1531.13, 1531.20, 1531.33, 1531.99, 1533.01, 23
1533.06, 1533.08, 1533.10, 1533.12, 1533.171,
1533.24, 1533.67, 1533.68, 1533.70, 1533.71, 24
1533.82, 1533.99, 1541.03, 1541.10, 1547.01, 25
1547.03, 1547.04, 1547.08, 1547.09, 1547.111,
1547.12, 1547.13, 1547.131, 1547.14, 1547.15, 26
1547.22, 1547.25, 1547.251, 1547.26, 1547.30, 27
1547.302, 1547.31, 1547.33, 1547.39, 1547.40,
1547.52, 1547.521, 1547.531, 1547.542, 1547.543, 28
1547.57, 1547.69, 1548.01, 1548.05, 1548.06, 29
1553.01, 1553.02, 1553.05, 2935.01, 2935.03, 30
3937.42, 4905.03, 5749.02, and 6111.42; to amend, 31
for the purpose of adopting new section numbers 32
as indicated in parentheses, sections 1518.20 33
(1533.86), 1518.21 (1533.87), 1518.22 (1533.88), 34
2
1518.23 (1533.881), 1518.24 (1533.882), 1518.25
(1533.89), 1518.26 (1533.891), and 1518.27 35
(1533.90); to enact new section 1553.07 and 36
sections 1501.013, 1531.202, and 1531.34; and to
repeal sections 1515.06, 1515.071, and 1553.07 of 37
the Revised Code to revise the statutes governing 39
the Department of Natural Resources and to
maintain the provisions of this act on and after 40
January 1, 2000, by amending the version of
section 1547.31 of the Revised Code that takes 41
effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 43
Section 1. That sections 109.71, 109.751, 109.77, 109.801, 45
109.802, 123.01, 145.01, 145.33, 149.01, 1501.01, 1501.02, 47
1501.10, 1502.01, 1502.03, 1502.04, 1502.05, 1502.99, 1503.01,
1503.05, 1503.29, 1503.43, 1504.02, 1505.10, 1505.99, 1506.02, 49
1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 1509.072, 50
1509.13, 1509.14, 1509.22, 1509.222, 1509.31, 1511.02, 1511.022, 51
1513.02, 1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 1515.03, 52
1515.08, 1515.24, 1517.10, 1517.14, 1517.99, 1518.20, 1518.21, 53
1518.22, 1518.23, 1518.24, 1518.25, 1518.26, 1518.27, 1518.99, 54
1520.01, 1520.02, 1520.03, 1521.03, 1521.05, 1531.01, 1531.06, 55
1531.13, 1531.20, 1531.33, 1531.99, 1533.01, 1533.06, 1533.08, 56
1533.10, 1533.12, 1533.171, 1533.24, 1533.67, 1533.68, 1533.70, 57
1533.71, 1533.82, 1533.99, 1541.03, 1541.10, 1547.01, 1547.03, 58
1547.04, 1547.08, 1547.09, 1547.111, 1547.12, 1547.13, 1547.131, 59
1547.14, 1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 1547.30, 60
1547.302, 1547.31, 1547.33, 1547.39, 1547.40, 1547.52, 1547.521, 61
1547.531, 1547.542, 1547.543, 1547.57, 1547.69, 1548.01, 1548.05,
1548.06, 1553.01, 1553.02, 1553.05, 2935.01, 2935.03, 3937.42, 63
4905.03, 5749.02, and 6111.42 be amended, sections 1518.20 64
(1533.86), 1518.21 (1533.87), 1518.22 (1533.88), 1518.23
(1533.881), 1518.24 (1533.882), 1518.25 (1533.89), 1518.26 65
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(1533.891), and 1518.27 (1533.90) be amended for the purpose of 66
adopting new section numbers as indicated in parentheses, and new 68
section 1553.07 and sections 1501.013, 1531.202, and 1531.34 of
the Revised Code be enacted to read as follows: 70
Sec. 109.71. There is hereby created in the office of the 79
attorney general the Ohio peace officer training commission. The 80
commission shall consist of nine members appointed by the 81
governor with the advice and consent of the senate and selected 82
as follows: one member representing the public; two members who 83
are incumbent sheriffs; two members who are incumbent chiefs of 84
police; one member from the bureau of criminal identification and 85
investigation; one member from the state highway patrol; one 86
member who is the special agent in charge of a field office of 87
the federal bureau of investigation in this state; and one member 88
from the department of education, trade and industrial education 90
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code: 92
(A) "Peace officer" means: 94
(1) A deputy sheriff, marshal, deputy marshal, member of 96
the organized police department of a township or municipal 97
corporation, member of a township police district or joint 98
township police district police force, member of a police force 99
employed by a metropolitan housing authority under division (D) 100
of section 3735.31 of the Revised Code, or township constable, 101
who is commissioned and employed as a peace officer by a 102
political subdivision of this state or by a metropolitan housing 103
authority, and whose primary duties are to preserve the peace, to 104
protect life and property, and to enforce the laws of this state, 105
ordinances of a municipal corporation, resolutions of a township, 106
or regulations of a board of county commissioners or board of 107
township trustees, or any such laws, ordinances, resolutions, or 108
regulations;
(2) A police officer who is employed by a railroad company 110
and appointed and commissioned by the governor pursuant to 111
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sections 4973.17 to 4973.22 of the Revised Code; 112
(3) Employees of the department of taxation engaged in the 114
enforcement of Chapter 5743. of the Revised Code and designated 115
by the tax commissioner for peace officer training for purposes 116
of the delegation of investigation powers under section 5743.45 117
of the Revised Code; 118
(4) An undercover drug agent; 120
(5) Liquor control investigators of the department of 122
public safety engaged in the enforcement of Chapters 4301. and 123
4303. of the Revised Code;
(6) An employee of the department of natural resources who 125
is A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER DESIGNATED 126
PURSUANT TO SECTION 1501.013, a park officer designated pursuant 127
to section 1541.10, a forest officer designated pursuant to 130
section 1503.29, a preserve officer designated pursuant to 131
section 1517.10, a wildlife officer designated pursuant to 132
section 1531.13, or a state watercraft officer designated 133
pursuant to section 1547.521 of the Revised Code; 134
(7) An employee of a park district who is designated 136
pursuant to section 511.232 or 1545.13 of the Revised Code; 137
(8) An employee of a conservancy district who is 139
designated pursuant to section 6101.75 of the Revised Code; 140
(9) A police officer who is employed by a hospital that 142
employs and maintains its own proprietary police department or 143
security department, and who is appointed and commissioned by the 144
governor pursuant to sections 4973.17 to 4973.22 of the Revised 145
Code; 146
(10) Ohio veterans' home police officers designated under 148
section 5907.02 of the Revised Code; 149
(11) A police officer who is employed by a qualified 151
nonprofit corporation police department pursuant to section 152
1702.80 of the Revised Code; 153
(12) A state university law enforcement officer appointed 155
under section 3345.04 of the Revised Code or a person serving as 156
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a state university law enforcement officer on a permanent basis 157
on June 19, 1978, who has been awarded a certificate by the 158
executive director of the Ohio peace officer training council 159
attesting to the person's satisfactory completion of an approved 160
state, county, municipal, or department of natural resources 161
peace officer basic training program;
(13) A special police officer employed by the department 163
of mental health pursuant to section 5119.14 of the Revised Code 164
or the department of mental retardation and developmental 165
disabilities pursuant to section 5123.13 of the Revised Code; 166
(14) A member of a campus police department appointed 168
under section 1713.50 of the Revised Code; 169
(15) A member of a police force employed by a regional 171
transit authority under division (Y) of section 306.35 of the 172
Revised Code.;
(16) Food stamp trafficking agents of the department of 174
public safety designated under section 5502.14 of the Revised 176
Code;
(17) Investigators appointed by the auditor of state 178
pursuant to section 117.091 of the Revised Code and engaged in 179
the enforcement of Chapter 117. of the Revised Code; 180
(18) A special police officer designated by the 182
superintendent of the state highway patrol pursuant to section 183
5503.09 of the Revised Code.
(B) "Undercover drug agent" has the same meaning as in 185
division (B)(2) of section 109.79 of the Revised Code. 186
(C) "Crisis intervention training" means training in the 188
use of interpersonal and communication skills to most effectively 189
and sensitively interview victims of rape. 190
(D) "Missing children" has the same meaning as in section 192
2901.30 of the Revised Code. 193
Sec. 109.751. (A) The executive director of the Ohio 202
peace officer training commission shall neither approve nor issue 204
a certificate of approval to a peace officer training school 205
6
pursuant to section 109.75 of the Revised Code unless the school 206
agrees to permit, in accordance with rules adopted by the 207
attorney general pursuant to division (C) of this section, 208
undercover drug agents to attend its basic training programs. 209
The executive director shall revoke approval, and the certificate 211
of approval of, a peace officer training school that does not 212
permit, in accordance with rules adopted by the attorney general 213
pursuant to division (C) of this section, undercover drug agents 214
to attend its basic training programs.
This division does not apply to peace officer training 216
schools for employees of conservancy districts who are designated 217
pursuant to section 6101.75 of the Revised Code or for A NATURAL 218
RESOURCES LAW ENFORCEMENT STAFF OFFICER, park officers, forest 220
officers, preserve officers, wildlife officers, or state
watercraft officers of the department of natural resources. 221
(B)(1) A peace officer training school is not required to 223
permit an undercover drug agent, a bailiff or deputy bailiff of a 224
court of record of this state, or a criminal investigator 225
employed by the state public defender to attend its basic 226
training programs if either of the following applies: 227
(a) In the case of the Ohio peace officer training 229
academy, the employer county, township, municipal corporation, 230
court, or state public defender or the particular undercover drug 231
agent, bailiff, deputy bailiff, or criminal investigator has not 232
paid the tuition costs of training in accordance with section 233
109.79 of the Revised Code; 234
(b) In the case of other peace officer training schools, 236
the employer county, township, municipal corporation, court, or 237
state public defender fails to pay the entire cost of the 238
training and certification. 239
(2) A training school shall not permit a bailiff or deputy 241
bailiff of a court of record of this state or a criminal 242
investigator employed by the state public defender to attend its 243
basic training programs unless the employing court of the bailiff 244
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or deputy bailiff or the state public defender, whichever is 245
applicable, has authorized the bailiff, deputy bailiff, or 246
investigator to attend the school. 247
(C) The attorney general shall adopt, in accordance with 249
Chapter 119. or pursuant to section 109.74 of the Revised Code, 250
rules governing the attendance of undercover drug agents at 251
approved peace officer training schools, other than the Ohio 252
peace officer training academy, and the certification of the 253
agents upon their satisfactory completion of basic training 254
programs. 255
Sec. 109.77. (A) As used in this section, "felony" has 264
the same meaning as in section 109.511 of the Revised Code. 265
(B)(1) Notwithstanding any general, special, or local law 268
or charter to the contrary, and except as otherwise provided in 269
this section, no person shall receive an original appointment on 270
a permanent basis as any of the following unless the person 271
previously has been awarded a certificate by the executive 272
director of the Ohio peace officer training commission attesting 273
to the person's satisfactory completion of an approved state, 274
county, municipal, or department of natural resources peace 275
officer basic training program:
(a) A peace officer of any county, township, municipal 277
corporation, regional transit authority, or metropolitan housing 278
authority;
(b) A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER, 280
park officer, forest officer, preserve officer, wildlife officer, 282
or state watercraft officer of the department of natural 283
resources;
(c) An employee of a park district under section 511.232 285
or 1545.13 of the Revised Code; 286
(d) An employee of a conservancy district who is 288
designated pursuant to section 6101.75 of the Revised Code; 289
(e) A state university law enforcement officer; 291
(f) A special police officer employed by the department of 293
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mental health pursuant to section 5119.14 of the Revised Code or 294
the department of mental retardation and developmental 295
disabilities pursuant to section 5123.13 of the Revised Code; 296
(g) A food stamp trafficking agent of the department of 298
public safety designated under section 5502.14 of the Revised 299
Code.
(2) Every person who is appointed on a temporary basis or 301
for a probationary term or on other than a permanent basis as any 302
of the following shall forfeit the appointed position unless the 304
person previously has satisfactorily completed SATISFACTORILY or, 305
within the time prescribed by rules adopted by the attorney 306
general pursuant to section 109.74 of the Revised Code, 307
satisfactorily completes a state, county, municipal, or 308
department of natural resources peace officer basic training 309
program for temporary or probationary officers and is awarded a 310
certificate by the director attesting to the satisfactory 311
completion of the program:
(a) A peace officer of any county, township, municipal 313
corporation, regional transit authority, or metropolitan housing 314
authority;
(b) A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER, 316
park officer, forest officer, preserve officer, wildlife officer, 318
or state watercraft officer of the department of natural 319
resources;
(c) An employee of a park district under section 511.232 321
or 1545.13 of the Revised Code; 322
(d) An employee of a conservancy district who is 324
designated pursuant to section 6101.75 of the Revised Code; 325
(e) A special police officer employed by the department of 327
mental health pursuant to section 5119.14 of the Revised Code or 328
the department of mental retardation and developmental 329
disabilities pursuant to section 5123.13 of the Revised Code; 330
(f) A food stamp trafficking agent of the department of 332
public safety designated under section 5502.14 of the Revised 333
9
Code.
(3) For purposes of division (B) of this section, a state, 335
county, municipal, or department of natural resources peace 336
officer basic training program, regardless of whether the program 337
is to be completed by peace officers appointed on a permanent or 338
temporary, probationary, or other nonpermanent basis, shall 339
include at least fifteen hours of training in the handling of the 340
offense of domestic violence, other types of domestic 341
violence-related offenses and incidents, and protection orders 342
and consent agreements issued or approved under section 2919.26 343
or 3113.31 of the Revised Code and at least six hours of crisis 344
intervention training. The requirement to complete fifteen hours 345
of training in the handling of the offense of domestic violence, 346
other types of domestic violence-related offenses and incidents, 347
and protection orders and consent agreements issued or approved 348
under section 2919.26 or 3113.31 of the Revised Code does not 349
apply to any person serving as a peace officer on March 27, 1979, 350
and the requirement to complete six hours of training in crisis 351
intervention does not apply to any person serving as a peace 352
officer on April 4, 1985. Any person who is serving as a peace 353
officer on April 4, 1985, who terminates that employment after 354
that date, and who is subsequently IS hired as a peace officer by 356
the same or another law enforcement agency shall complete the six 357
hours of training in crisis intervention within the time 358
prescribed by rules adopted by the attorney general pursuant to 359
section 109.742 of the Revised Code. No peace officer shall have 360
employment as a peace officer terminated and then be reinstated 361
with intent to circumvent this section. 362
(4) Division (B) of this section does not apply to any 364
person serving on a permanent basis on March 28, 1985, as a park 365
officer, forest officer, preserve officer, wildlife officer, or 366
state watercraft officer of the department of natural resources 367
or as an employee of a park district under section 511.232 or 368
1545.13 of the Revised Code, to any person serving on a permanent 369
10
basis on March 6, 1986, as an employee of a conservancy district 370
designated pursuant to section 6101.75 of the Revised Code, to 371
any person serving on a permanent basis on January 10, 1991, as a 372
preserve officer of the department of natural resources, to any 374
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 376
pursuant to section 5119.14 of the Revised Code or by the 377
department of mental retardation and developmental disabilities 378
pursuant to section 5123.13 of the Revised Code, or to any person 379
serving on a permanent basis on June 19, 1978, as a state 380
university law enforcement officer pursuant to section 3345.04 of 381
the Revised Code and who, immediately prior to June 19, 1978, was 382
serving as a special policeman POLICE OFFICER designated under 383
authority of that section.
(5) Division (A)(B) of this section does not apply to any 385
person who is appointed as a regional transit authority police 386
officer pursuant to division (Y) of section 306.35 of the Revised 387
Code if, on or before July 1, 1996, the person has satisfactorily 388
completed SATISFACTORILY an approved state, county, municipal, or 390
department of natural resources peace officer basic training 391
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 392
to the person's satisfactory completion of such an approved 393
program and if, on July 1, 1996, the person is performing peace 394
officer functions for a regional transit authority. 395
(C) No person, after September 20, 1984, shall receive an 397
original appointment on a permanent basis as a liquor control 398
investigator or food stamp trafficking agent of the department of 399
public safety, engaged in the enforcement of Chapters 4301. and 400
4303. of the Revised Code, or as an Ohio veterans' home police 401
officer designated under section 5907.02 of the Revised Code 404
unless the person previously has been awarded a certificate by 405
the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of 406
11
an approved police OFFICER basic training program. Every person 407
who is appointed on a temporary basis or for a probationary term 409
or on other than a permanent basis as a liquor control 410
investigator of the department of public safety, engaged in the 411
enforcement of Chapters 4301. and 4303. of the Revised Code, or 412
as an Ohio veterans' home police officer designated under section 413
5907.02 of the Revised Code shall forfeit that position unless 414
the person previously has satisfactorily completed SATISFACTORILY 415
or, within one year from the time of appointment, satisfactorily 417
completes an approved police OFFICER basic training program. 418
No person shall, beginning on October 29, 1995, SHALL 420
receive an original appointment on a permanent basis as a food 422
stamp trafficking agent of the department of public safety 423
authorized to enforce Chapter 5502. and sections 2913.46 and 424
5101.54 of the Revised Code and engaged in the enforcement of 425
laws and rules described in section 5502.14 of the Revised Code 426
unless the person previously has been awarded a certificate by 427
the executive director of the Ohio peace officer training 428
commission attesting to the person's satisfactory completion of 429
an approved police OFFICER basic training program. Every person 431
who is appointed on a temporary or for a probationary term or on 432
other than a permanent basis as a food stamp trafficking agent 433
shall forfeit that position unless the person previously has
satisfactorily completed SATISFACTORILY, or within one year from 434
the time of the appointment satisfactorily completes, an approved 436
police OFFICER basic training program. 437
(D) No bailiff or deputy bailiff of a court of record of 439
this state and no criminal investigator who is employed by the 440
state public defender shall carry a firearm, as defined in 441
section 2923.11 of the Revised Code, while on duty unless the 442
bailiff, deputy bailiff, or criminal investigator has done or 444
received one of the following:
(1) Has been awarded a certificate by the executive 446
director of the Ohio peace officer training commission, which 447
12
certificate attests to satisfactory completion of an approved 448
state, county, or municipal basic training program for bailiffs 449
and deputy bailiffs of courts of record and for criminal 450
investigators employed by the state public defender that has been 451
recommended by the Ohio peace officer training council 452
COMMISSION;
(2) Has successfully completed a firearms training program 455
approved by the Ohio peace officer training commission prior to 456
employment as a bailiff, deputy bailiff, or criminal 457
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 460
firearm by the court that employed the bailiff, OR deputy 461
bailiff, or, IN THE CASE OF A criminal investigator or, by the 463
state public defender and has received training in the use of 464
firearms that the Ohio peace officer training commission 465
determines is equivalent to the training that otherwise is 466
required by this division (D) OF THIS SECTION. 467
(E)(1) Prior to awarding any certificate prescribed in 470
this section, the executive director of the Ohio peace officer 471
training commission shall request the person to whom the 472
certificate is to be awarded to disclose, and the person shall 473
disclose, any previous criminal conviction of or plea of guilty 474
of that person to a felony.
(2) Prior to the award by the executive director of the 477
commission of any certificate prescribed in this section, the 478
prospective employer of the person to whom the certificate is to 479
be awarded or the commander of the peace officer training school 480
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 482
records check on the person. Upon receipt of the request, the 483
bureau promptly shall conduct a criminal history records check on 484
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 485
prospective employer or peace officer training school commander 486
13
that made the request. Upon receipt of the copy of the criminal 488
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 489
shall submit the copy to the executive director of the Ohio peace 491
officer training commission. The executive director shall not 492
award any certificate prescribed in this section unless the 493
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 494
awarded.
(3) The executive director of the commission shall not 496
award a certificate prescribed in this section to a person who 497
has been convicted of or has pleaded guilty to a felony or who 498
fails to disclose any previous criminal conviction of or plea of 499
guilty to a felony as required under division (E)(1) of this 500
section.
(4) The executive director of the commission shall revoke 502
the certificate awarded to a person as prescribed in this 503
section, and that person shall forfeit all of the benefits 504
derived from being certified as a peace officer under this 505
section, if the person, prior to the award of the certificate, 506
failed to disclose any previous criminal conviction of or plea of 507
guilty to a felony as required under division (E)(1) of this 509
section.
(F)(1) Regardless of whether the person has been awarded 511
the certificate or has been classified as a peace officer prior 512
to, on, or after the effective date of this amendment, the 513
executive director of the Ohio peace officer training commission 514
shall revoke any certificate that has been awarded to a person as 515
prescribed in this section if the person does either of the 516
following:
(a) Pleads guilty to a felony committed on or after 518
January 1, 1997. 519
(b) Pleads guilty to a misdemeanor committed on or after 522
January 1, 1997, pursuant to a negotiated plea agreement as 523
14
provided in division (D) of section 2929.29 of the Revised Code 524
in which the person agrees to surrender the certificate awarded 526
to the person under this section. 527
(2) The executive director of the commission shall suspend 529
any certificate that has been awarded to a person as prescribed 530
in this section if the person is convicted, after trial, of a 531
felony committed on or after January 1, 1997. The executive 533
director shall suspend the certificate pursuant to this division 534
(F)(2) OF THIS SECTION pending the outcome of an appeal by the 535
person from that conviction to the highest court to which the 537
appeal is taken or until the expiration of the period in which an 538
appeal is required to be filed. If the person files an appeal 539
that results in that person's acquittal of the felony or 540
conviction of a misdemeanor, or in the dismissal of the felony 541
charge against that person, the executive director shall 542
reinstate the certificate awarded to the person under this 543
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 545
highest court to which the appeal is taken or if the person does 546
not file a timely appeal, the executive director shall revoke the 547
certificate awarded to the person under this section. 548
(G)(1) If a person is awarded a certificate under this 551
section and the certificate is revoked pursuant to division
(E)(4) or (F) of this section, the person shall not be eligible 553
to receive, at any time, a certificate attesting to the person's 554
satisfactory completion of a peace officer basic training 555
program.
(2) The revocation or suspension of a certificate under 557
division (E)(4) or (F) of this section shall be in accordance 558
with Chapter 119. of the Revised Code. 559
(H)(1) A person who was employed as a peace officer of a 561
county, township, or municipal corporation of the state on 562
January 1, 1966, and who has completed at least sixteen years of 563
full-time active service as such a peace officer may receive an 564
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original appointment on a permanent basis and serve as a peace 565
officer of a county, township, or municipal corporation, or as a 566
state university law enforcement officer, without complying with 567
the requirements of division (B) of this section. 568
(2) Any person who held an appointment as a state highway 570
trooper on January 1, 1966, may receive an original appointment 571
on a permanent basis and serve as a peace officer of a county, 572
township, or municipal corporation, or as a state university law 573
enforcement officer, without complying with the requirements of 574
division (B) of this section. 575
(I) No person who is appointed as a peace officer of a 577
county, township, or municipal corporation on or after April 9, 578
1985, shall serve as a peace officer of that county, township, or 579
municipal corporation unless the person has received training in 580
the handling of missing children and child abuse and neglect 581
cases from an approved state, county, township, or municipal 582
police OFFICER basic training program or receives the training 583
within the time prescribed by rules adopted by the attorney 584
general pursuant to section 109.741 of the Revised Code. 585
(J) No part of any approved state, county, or municipal 587
basic training program for bailiffs and deputy bailiffs of courts 588
of record and no part of any approved state, county, or municipal 589
basic training program for criminal investigators employed by the 590
state public defender shall be used as credit toward the 591
completion by a peace officer of any part of the approved state, 592
county, or municipal peace officer basic training program that 593
the peace officer is required by this section to complete 594
satisfactorily. 595
(K) This section does not apply to any member of the 597
police department of a municipal corporation in an adjoining 598
state serving in this state under a contract pursuant to section 599
737.04 of the Revised Code. 600
Sec. 109.801. (A)(1) Each year the following persons 609
shall successfully complete SUCCESSFULLY a firearms 610
16
requalification program approved by the executive director of the 612
Ohio peace officer training commission in accordance with rules 613
adopted by the attorney general pursuant to section 109.743 of 615
the Revised Code: any sheriff, deputy sheriff, marshal, deputy 616
marshal, township constable, chief of police or member of an 617
organized police department of a municipal corporation or 618
township, chief of police or member of a township police district 619
police force, superintendent of the state highway patrol, state 620
highway patrol trooper, or chief of police of a university or 621
college police department or state university law enforcement 622
officer appointed under section 3345.04 of the Revised Code; any 623
parole or probation officer who carries a firearm in the course 625
of official duties; any employee of the department of natural 626
resources who is a NATURAL RESOURCES LAW ENFORCEMENT STAFF 628
OFFICER, park officer, forest officer, preserve officer, wildlife 629
officer, or state watercraft officer who carries a firearm in the 630
course of official duties; or any employee of the department of 631
youth services who is designated pursuant to division (A)(2) of 632
section 5139.53 of the Revised Code as being authorized to carry 633
a firearm while on duty as described in that division. 635
(2) No person listed in division (A)(1) of this section 637
shall carry a firearm during the course of official duties if the 639
person does not comply with division (A)(1) of this section. 640
(B) The hours that a sheriff spends attending a firearms 642
requalification program required by division (A) of this section 643
are in addition to the sixteen hours of continuing education that 644
are required by division (E) of section 311.01 of the Revised 645
Code. 646
(C) As used in this section, "firearm" has the same 648
meaning as in section 2923.11 of the Revised Code. 649
Sec. 109.802. (A) There is hereby created in the state 659
treasury the law enforcement assistance fund. The fund shall be 660
used to pay reimbursements for law enforcement training as 661
provided in this section and section 109.803 of the Revised Code, 662
17
the compensation of any employees of the attorney general 663
required to administer those sections, and any other 664
administrative costs incurred by the attorney general to 665
administer those sections. 666
(B) The attorney general shall adopt rules in accordance 668
with Chapter 119. of the Revised Code establishing application 669
procedures, standards, and guidelines, and prescribing an 670
application form, for the reimbursement of sheriffs, constables, 671
chiefs of police of organized municipal and township police 672
departments, chiefs of police of township police district police 673
forces, and chiefs of police of university or college police 674
departments for the costs of peace officer basic training 675
programs, advanced peace officer training programs, basic jailer 676
training programs, and firearms requalification programs 677
successfully completed by them or the peace officers under their 678
supervision, for the reimbursement of the superintendent of the 679
state highway patrol and the director of natural resources for 680
the costs of peace officer basic training programs, advanced 681
peace officer training programs, and basic jailer training 682
programs successfully completed by them or the peace officers 683
under their supervision, and for the reimbursement of the chief 684
of the adult parole authority and the chief probation officer of 685
a county probation department, multicounty probation department, 686
and municipal court department of probation for the costs of 687
basic firearm training programs and firearms requalification 688
programs successfully completed by them or by parole or probation 689
officers under their supervision. The rules shall include, but 690
are not limited to, all of the following: 691
(1) A requirement that applications for reimbursement be 693
submitted on a fiscal year basis; 694
(2) The documentation required to substantiate any costs 696
for which the applicant seeks reimbursement; 697
(3) The procedure for prorating reimbursements if the 699
amount of money appropriated for reimbursement for any fiscal 700
18
year is not sufficient to pay all of the costs approved for 701
reimbursement for that fiscal year; 702
(4) Any other requirements necessary for the proper 704
administration of the reimbursement program. 705
(C) Each sheriff, constable, and chief of police of an 707
organized municipal or township police department, township 708
police district police force, or university or college police 709
department may apply each fiscal year to the peace officer 710
training commission for reimbursement for the costs of peace 711
officer basic training programs, advanced peace officer training 712
programs, basic jailer training programs, and firearms 713
requalification training programs that are successfully completed 714
by the sheriff, constable, or chief or a peace officer under the 716
sheriff's, constable's, or chief's supervision. The 717
superintendent of the state highway patrol and the director of
natural resources may apply each fiscal year to the peace officer 718
training commission for reimbursement for the costs of peace 719
officer basic training programs, advanced peace officer training 720
programs, and basic jailer training programs successfully 721
completed by the superintendent or director or the peace officers 723
under the superintendent's or director's supervision. The chief 724
of the adult parole authority and each chief probation officer of 725
a county probation department, multicounty probation department, 726
or municipal court department of probation may apply each fiscal 727
year to the peace officer training commission for reimbursement 728
for the costs of basic firearm training programs and firearms 729
requalification programs successfully completed by that such 730
chief or by parole or probation officers under the chief's 731
supervision. Each application shall be made in accordance with, 732
on an application form prescribed in, and be supported by the 733
documentation required by, the rules adopted by the attorney 734
general pursuant to division (B) of this section. 735
(D) As used in this section and section 109.803 of the 737
Revised Code: 738
19
(1) "Peace officer" includes a sheriff, deputy sheriff, 740
marshal, deputy marshal, chief of police and member of a 741
municipal or township police department, chief of police or AND 742
member of a township police district police force, chief of 743
police of a university or college police department, state 744
university law enforcement officer appointed under section 745
3345.04 of the Revised Code, superintendent of the state highway 746
patrol, state highway patrol trooper, and employee of the 747
department of natural resources who is a NATURAL RESOURCES LAW 748
ENFORCEMENT STAFF OFFICER, park officer, forest officer, preserve 750
officer, wildlife officer, or state watercraft officer. 751
(2) "Chief of police of an organized municipal police 753
department" includes the chief of police of a village police 754
department. 755
(3) "Chief of police of a village police department" means 757
the village marshal. 758
(4) "Chief of police of a university or college police 760
department" means the person who has direct supervisory authority 761
over the state university law enforcement officers who are 762
appointed for the university or college pursuant to section 763
3345.04 of the Revised Code by the board of trustees of the 765
university or college.
Sec. 123.01. (A) The department of administrative 776
services, in addition to those powers enumerated in Chapters 124. 777
and 125. of the Revised Code, and as provided elsewhere by law, 778
shall exercise the following powers: 779
(1) To prepare, or contract to be prepared, by licensed 781
engineers or architects, surveys, general and detailed plans, 782
specifications, bills of materials, and estimates of cost for any 783
projects, improvements, or public buildings to be constructed by 784
state agencies that may be authorized by legislative 785
appropriations or any other funds made available therefor, 786
provided that the construction of the projects, improvements, or 787
public buildings is a statutory duty of the department. This 788
20
section does not require the independent employment of an 789
architect or engineer as provided by section 153.01 of the 790
Revised Code in the cases to which that section applies nor 791
affect or alter the existing powers of the director of 792
transportation. 793
(2) To have general supervision over the construction of 795
any projects, improvements, or public buildings constructed for a 796
state agency and over the inspection of materials previous to 797
their incorporation into those projects, improvements, or 798
buildings; 799
(3) To make contracts for and supervise the construction 801
of any projects and improvements or the construction and repair 802
of buildings under the control of a state agency, except 803
contracts for the repair of buildings under the management and 804
control of the departments of public safety, human services, 805
mental health, mental retardation and developmental disabilities, 806
rehabilitation and correction, and youth services, the bureau of 807
workers' compensation, the bureau of employment services, the 808
rehabilitation services commission, and boards of trustees of 809
educational and benevolent institutions. These contracts shall 810
be made and entered into by the directors of public safety, human 811
services, mental health, mental retardation and developmental 812
disabilities, rehabilitation and correction, and youth services, 813
the administrator of workers' compensation, the administrator of 814
the bureau of employment services, the rehabilitation services 815
commission, and the boards of trustees of such institutions, 816
respectively. All such contracts may be in whole or in part on 817
unit price basis of maximum estimated cost, with payment computed 818
and made upon actual quantities or units. 819
(4) To prepare and suggest comprehensive plans for the 821
development of grounds and buildings under the control of a state 822
agency; 823
(5) To acquire, by purchase, gift, devise, lease, or 825
grant, all real estate required by a state agency, in the 826
21
exercise of which power the department may exercise the power of 827
eminent domain, in the manner provided by sections 163.01 to 828
163.22 of the Revised Code; 829
(6) To make and provide all plans, specifications, and 831
models for the construction and perfection of all systems of 832
sewerage, drainage, and plumbing for the state in connection with 833
buildings and grounds under the control of a state agency; 834
(7) To erect, supervise, and maintain all public monuments 836
and memorials erected by the state, except where the supervision 837
and maintenance is otherwise provided by law; 838
(8) To procure, by lease, storage accommodations for a 840
state agency; 841
(9) To lease or grant easements or licenses for 843
unproductive and unused lands or other property under the control 844
of a state agency. Such THE leases, easements, or licenses shall 846
be granted for a period not to exceed fifteen years and shall be 847
executed for the state by the director of administrative services 848
and the governor and shall be approved as to form by the attorney 849
general, provided that leases, easements, or licenses may be 850
granted to any county, township, municipal corporation, port 851
authority, water or sewer district, school district, library 852
district, health district, park district, soil and water 853
conservation district, conservancy district, or other political 854
subdivision or taxing district, or any agency of the United 855
States government, for the exclusive use of that agency, 856
political subdivision, or taxing district, without any right of 857
sublease or assignment, for a period not to exceed fifteen years, 858
and provided that the director shall grant leases, easements, or 859
licenses of university land for periods not to exceed twenty-five 860
years for purposes approved by the respective university's board 861
of trustees wherein the uses are compatible with the uses and 862
needs of the university and may grant leases of university land 863
for periods not to exceed forty years for purposes approved by 864
the respective university's board of trustees pursuant to section 865
22
123.77 of the Revised Code. 866
(10) To lease office space in buildings for the use of a 868
state agency; 869
(11) To have general supervision and care of the 871
storerooms, offices, and buildings leased for the use of a state 872
agency; 873
(12) To exercise general custodial care of all real 875
property of the state; 876
(13) To assign and group together state offices in any 878
city in the state and to establish, in cooperation with the state 879
agencies involved, rules governing space requirements for office 880
or storage use; 881
(14) To lease for a period not to exceed forty years, 883
pursuant to a contract providing for the construction thereof 884
under a lease-purchase plan, buildings, structures, and other 885
improvements for any public purpose, and, in conjunction 886
therewith, to grant leases, easements, or licenses for lands 887
under the control of a state agency for a period not to exceed 888
forty years. The lease-purchase plan shall provide that at the 889
end of the lease period, the buildings, structures, and related 890
improvements, together with the land on which they are situated, 891
shall become the property of the state without cost. 892
(a) Whenever any building, structure, or other improvement 894
is to be so leased by a state agency, the department shall retain 895
either basic plans, specifications, bills of materials, and 896
estimates of cost with sufficient detail to afford bidders all 897
needed information or, alternatively, all of the following plans, 898
details, bills of materials, and specifications: 899
(i) Full and accurate plans suitable for the use of 901
mechanics and other builders in the improvement; 902
(ii) Details to scale and full sized, so drawn and 904
represented as to be easily understood; 905
(iii) Accurate bills showing the exact quantity of 907
different kinds of material necessary to the construction; 908
23
(iv) Definite and complete specifications of the work to 910
be performed, together with such directions as THAT will enable a 912
competent mechanic or other builder to carry them out and afford 913
bidders all needed information; 914
(v) A full and accurate estimate of each item of expense 916
and of the aggregate cost thereof. 917
(b) The department shall give public notice, in such THE 919
newspaper, in such THE form, and with such THE phraseology as 921
THAT the director of administrative services prescribes, 922
published once each week for four consecutive weeks, of the time 923
when and place where bids will be received for entering into an 924
agreement to lease to a state agency a building, structure, or 925
other improvement. The last publication shall be at least eight 926
days preceding the day for opening the bids. The bids shall 927
contain the terms upon which the builder would propose to lease 928
the building, structure, or other improvement to the state 929
agency. The form of the bid approved by the department shall be 930
used, and a bid is invalid and shall not be considered unless 931
that form is used without change, alteration, or addition. 932
Before submitting bids pursuant to this section, any builder 933
shall comply with Chapter 153. of the Revised Code. 934
(c) On the day and at the place named for receiving bids 936
for entering into lease agreements with a state agency, the 937
director of administrative services shall open the bids and shall 938
publicly proceed PUBLICLY AND immediately to tabulate the bids 939
upon duplicate sheets. No lease agreement shall be entered into 941
until the bureau of workers' compensation has certified that the 942
person to be awarded the lease agreement has complied with 943
Chapter 4123. of the Revised Code, until, if the builder 944
submitting the lowest and best bid is a foreign corporation, the 945
secretary of state has certified that the corporation is 946
authorized to do business in this state, until, if the builder 947
submitting the lowest and best bid is a person nonresident of 948
this state, the person has filed with the secretary of state a 949
24
power of attorney designating the secretary of state as its agent 950
for the purpose of accepting service of summons in any action 951
brought under Chapter 4123. of the Revised Code, and until the 952
agreement is submitted to the attorney general and the attorney 953
general's approval is certified thereon. Within thirty days 955
after the day on which the bids are received, the department 956
shall investigate the bids received and shall determine that the 957
bureau and the secretary of state have made the certifications 958
required by DIVISION (A)(14)(c) OF this section of the builder 959
who has submitted the lowest and best bid. Within ten days of 960
the completion of the investigation of the bids, the department 961
shall award the lease agreement to the builder who has submitted 962
the lowest and best bid and who has been certified by the bureau 963
and secretary of state as required by DIVISION (A)(14)(c) OF this 965
section. If bidding for the lease agreement has been conducted 966
upon the basis of basic plans, specifications, bills of 967
materials, and estimates of costs, upon the award to the builder 968
the department, or the builder with the approval of the 969
department, shall appoint an architect or engineer licensed in 970
this state to prepare such further detailed plans, 971
specifications, and bills of materials as THAT are required to 973
construct the building, structure, or improvement. The 974
department shall adopt such rules as THAT are necessary to give 976
effect to DIVISION (A)(14) OF this section. The department may 977
reject any bid. Where there is reason to believe there is 978
collusion or combination among bidders, the bids of those 979
concerned therein shall be rejected. 980
(15) To acquire by purchase, gift, devise, or grant and to 982
transfer, lease, or otherwise dispose of all real property 983
required to assist in the development of a conversion facility as 984
defined in section 5709.30 of the Revised Code; 985
(16) To lease for a period not to exceed forty years, 987
notwithstanding any other division of this section, the 988
state-owned property located at 408-450 East Town Street, 989
25
Columbus, Ohio, formerly the state school for the deaf, to a 990
developer in accordance with DIVISION (A)(16) OF this section. 992
"Developer," as used in DIVISION (A)(16) OF this section, has the 993
same meaning as in section 123.77 of the Revised Code. 995
Such a lease shall be for the purpose of development of the 997
land for use by senior citizens by constructing, altering, 998
renovating, repairing, expanding, and improving the site as it 999
existed on June 25, 1982. A developer desiring to lease the land 1,000
shall prepare for submission to the department a plan for 1,001
development. Plans shall include provisions for roads, sewers, 1,002
water lines, waste disposal, water supply, and similar matters to 1,003
meet the requirements of state and local laws. The plans ALSO 1,004
shall also include provision for protection of the property by 1,005
insurance or otherwise, and plans for financing the development, 1,006
and shall set forth details of the developer's financial 1,007
responsibility. 1,008
The department may employ, as employees or consultants, 1,010
persons needed to assist in reviewing the development plans. 1,011
Those persons may include attorneys, financial experts, 1,012
engineers, and other necessary experts. The department shall 1,013
review the development plans and may enter into a lease if it 1,014
finds all of the following: 1,015
(a) The best interests of the state will be promoted by 1,017
entering into a lease with the developer; 1,018
(b) The development plans are satisfactory; 1,020
(c) The developer has established the developer's 1,022
financial responsibility and satisfactory plans for financing the 1,023
development. 1,024
The lease shall contain a provision that construction or 1,026
renovation of the buildings, roads, structures, and other 1,027
necessary facilities shall begin within one year after the date 1,028
of the lease and shall proceed according to a schedule agreed to 1,029
between the department and the developer or the lease will be 1,030
terminated. The lease shall contain such conditions and 1,031
26
stipulations as THAT the director considers necessary to preserve 1,033
the best interest of the state. Moneys received by the state 1,034
pursuant to this lease shall be paid into the general revenue 1,035
fund. The lease shall provide that at the end of the lease 1,036
period, the buildings, structures, and related improvements shall 1,037
become the property of the state without cost. 1,038
(17) To lease to any person any tract of land owned by the 1,040
state and under the control of the department, or any part of 1,041
such a tract, for the purpose of drilling for or the pooling of 1,042
oil or gas. Such a lease shall be granted for a period not 1,043
exceeding forty years, with the full power to contract for, 1,044
determine the conditions governing, and specify the amount the 1,045
state shall receive for the purposes specified in the lease, and 1,046
shall be prepared as in other cases. 1,047
(B) This section and section 125.02 of the Revised Code 1,049
shall not interfere with any of the following: 1,050
(1) The power of the adjutant general to purchase military 1,052
supplies, or with the custody of the adjutant general of property 1,053
leased, purchased, or constructed by the state and used for 1,054
military purposes, or with the functions of the adjutant general 1,055
as director of state armories; 1,056
(2) The power of the director of transportation in 1,058
acquiring rights-of-way for the state highway system, or the 1,059
leasing of lands for division or resident district offices, or 1,060
the leasing of lands or buildings required in the maintenance 1,061
operations of the department of transportation, or the purchase 1,062
of real property for garage sites or division or resident 1,064
district offices, or in preparing plans and specifications for 1,065
and constructing such buildings as THAT the director may require 1,066
in the administration of the department; 1,068
(3) The power of the director of public safety and the 1,070
registrar of motor vehicles to purchase or lease real property 1,071
and buildings to be used solely as locations to which a deputy 1,072
registrar is assigned pursuant to division (B) of section 1,073
27
4507.011 of the Revised Code and from which the deputy registrar 1,074
is to conduct the deputy registrar's business, the power of the 1,075
director of public safety to purchase or lease real property and 1,076
buildings to be used as locations for division or district 1,077
offices as required in the maintenance of operations of the 1,078
department of public safety, and the power of the superintendent 1,079
of the state highway patrol in the purchase or leasing of real 1,080
property and buildings needed by the patrol, to negotiate the 1,081
sale of real property owned by the patrol, to rent or lease real 1,082
property owned or leased by the patrol, and to make or cause to 1,083
be made repairs to all property owned or under the control of the 1,084
patrol;
(4) The power of the division of liquor control in the 1,086
leasing or purchasing of retail outlets and warehouse facilities 1,087
for the use of the division; 1,088
(5) The power of the director of development to enter into 1,090
leases of real property, buildings, and office space to be used 1,091
solely as locations for the state's foreign offices to carry out 1,092
the purposes of section 122.05 of the Revised Code; 1,093
(6) THE POWER OF THE DIRECTOR OF NATURAL RESOURCES TO 1,096
PURCHASE, LEASE, OR OTHERWISE ACQUIRE REAL PROPERTY RIGHTS OR 1,097
PRIVILEGES NECESSARY FOR THE PURPOSES OF THE DEPARTMENT OF 1,098
NATURAL RESOURCES OR ANY DIVISION IN IT, INCLUDING THE LEASE OF 1,099
OFFICE SPACE AND STORAGE ACCOMMODATIONS. 1,100
(C) Purchases for, and the custody and repair of, 1,102
buildings under the management and control of the capitol square 1,103
review and advisory board, the rehabilitation services 1,104
commission, the bureau of employment services, the bureau of 1,105
workers' compensation, or the departments of public safety, human 1,107
services, mental health, mental retardation and developmental 1,108
disabilities, and rehabilitation and correction, and buildings of 1,109
educational and benevolent institutions under the management and 1,110
control of boards of trustees, are not subject to the control and 1,111
jurisdiction of the department of administrative services. 1,112
28
Sec. 145.01. As used in this chapter: 1,121
(A) "Public employee" means: 1,123
(1) Any person holding an office, not elective, under the 1,125
state or any county, township, municipal corporation, park 1,126
district, conservancy district, sanitary district, health 1,127
district, metropolitan housing authority, state retirement board, 1,128
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 1,129
university, or board, bureau, commission, council, committee, 1,130
authority, or administrative body as the same are, or have been, 1,131
created by action of the general assembly or by the legislative 1,132
authority of any of the units of local government named in this 1,133
division (A)(1) OF THIS SECTION, or employed and paid in whole or 1,134
in part by the state or any of the authorities named in this 1,135
division (A)(1) OF THIS SECTION in any capacity not covered by 1,136
section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. 1,137
(2) A person who is a member of the public employees 1,139
retirement system AND who continues to perform the same or 1,141
similar duties under the direction of a contractor who has 1,142
contracted to take over what before the date of the contract was 1,143
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 1,144
purposes of administering this chapter. 1,145
(3) Any person who is an employee of a public employer, 1,147
notwithstanding that the person's compensation for that 1,148
employment is derived from funds of a person or entity other than 1,149
the employer. Credit for such service shall be included as total 1,150
service credit, provided that the employee makes the payments 1,151
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 1,152
In all cases of doubt, the public employees retirement 1,154
board shall determine whether any person is a public employee, 1,155
and its decision is final.
(B) "Member" means any public employee, other than a 1,157
29
public employee excluded or exempted from membership in the 1,158
retirement system by section 145.03, 145.031, 145.032, 145.033, 1,159
145.034, 145.035, or 145.38 of the Revised Code. "Member" 1,160
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 1,161
includes a disability benefit recipient. 1,162
(C) "Head of the department" means the elective or 1,164
appointive head of the several executive, judicial, and 1,165
administrative departments, institutions, boards, and commissions 1,166
of the state and local government as the same are created and 1,167
defined by the laws of this state or, in case of a charter
government, by that charter. 1,168
(D) "Employer" or "public employer" means the state or any 1,170
county, township, municipal corporation, park district, 1,171
conservancy district, sanitary district, health district, 1,172
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 1,173
cemetery, joint hospital, institutional commissary, state medical 1,174
college, state university, or board, bureau, commission, council, 1,175
committee, authority, or administrative body as the same are, or 1,176
have been, created by action of the general assembly or by the 1,177
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 1,178
of the Revised Code. In addition, "employer" means the employer 1,179
of any public employee.
(E) "Prior service" means all service as a public employee 1,181
rendered before January 1, 1935, and all service as an employee 1,182
of any employer who comes within the state teachers retirement 1,183
system or of the school employees retirement system or of any 1,184
other retirement system established under the laws of this state 1,185
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 1,186
other system after that other system was established, credit for 1,187
the service may be allowed by the public employees retirement 1,188
30
system only when the employee has made payment, to be computed on 1,189
the salary earned from the date of appointment to the date 1,190
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 1,191
employer has made payment of the corresponding full liability as 1,192
provided by section 145.44 of the Revised Code. "Prior service" 1,193
also means all service credited for active duty with the armed 1,194
forces of the United States as provided in section 145.30 of the 1,195
Revised Code.
If an employee who has been granted prior service credit by 1,197
the public employees retirement system for service rendered prior 1,198
to January 1, 1935, as an employee of a board of education 1,199
establishes, before retirement, one year or more of contributing 1,200
service in the state teachers retirement system or school 1,201
employees retirement system, then the prior service ceases to be
the liability of this system. 1,202
If the board determines that a position of any member in 1,204
any calendar year prior to January 1, 1935, was a part-time 1,205
position, the board shall determine what fractional part of a 1,206
year's credit shall be allowed by the following formula: 1,207
(1) When the member has been either elected or appointed 1,209
to an office the term of which was two or more years and for 1,210
which an annual salary is established, the fractional part of the 1,211
year's credit shall be computed as follows: 1,212
First, when the member's annual salary is one thousand 1,214
dollars or less, the service credit for each such calendar year 1,215
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 1,217
above one thousand dollars, the member's service credit for each 1,218
such calendar year shall be increased by two and one-half per 1,219
cent.
(2) When the member is paid on a per diem basis, the 1,221
service credit for any single year of the service shall be 1,222
determined by using the number of days of service for which the 1,223
31
compensation was received in any such year as a numerator and 1,224
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 1,226
service credit for any single year of the service shall be 1,227
determined by using the number of hours of service for which the 1,228
compensation was received in any such year as a numerator and 1,229
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 1,231
the employees' savings fund created by section 145.23 of the 1,232
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 1,234
person or persons who, as the result of the death of a member, 1,235
contributor, or retirant, qualify for or are receiving some right 1,236
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 1,238
section 145.37 of the Revised Code, means all service credited to 1,239
a member of the retirement system since last becoming a member, 1,240
including restored service credit as provided by section 145.31 1,241
of the Revised Code; credit purchased under sections 145.293 and 1,242
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 1,243
provided in this chapter; all service credit established pursuant 1,244
to section 145.297 of the Revised Code; and any other service 1,245
credited under this chapter. In addition, "total service credit" 1,246
includes any period, not in excess of three years, during which a 1,247
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 1,248
of satisfying the service credit requirement and of determining 1,249
eligibility for benefits under sections 145.32, 145.33, 145.331, 1,250
145.35, 145.36, and 145.361 of the Revised Code, "five or more 1,251
years of total service credit" means sixty or more calendar 1,252
months of contributing service in this system.
(2) "One and one-half years of contributing service 1,254
credit," as used in division (B) of section 145.45 of the Revised 1,255
32
Code, also means eighteen or more calendar months of employment 1,256
by a municipal corporation that formerly operated its own 1,257
retirement plan for its employees or a part of its employees, 1,258
provided that all employees of that municipal retirement plan who 1,259
have eighteen or more months of such employment, upon 1,260
establishing membership in the public employees retirement 1,261
system, shall make a payment of the contributions they would have 1,262
paid had they been members of this system for the eighteen months 1,263
of employment preceding the date membership was established. 1,264
When that payment has been made by all such employee-members 1,265
EMPLOYEE MEMBERS, a corresponding payment shall be paid into the 1,267
employers' accumulation fund by that municipal corporation as the 1,268
employer of the employees. 1,269
(3) Where a member also is a member of the state teachers 1,271
retirement system or the school employees retirement system, or 1,272
both, except in cases of retirement on a combined basis pursuant 1,273
to section 145.37 of the Revised Code, service credit for any 1,274
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bears 1,275
BEAR to total contributions in all state retirement systems. 1,277
(4) Not more than one year of credit may be given for any 1,279
period of twelve months. 1,280
(5) "Ohio service credit" means credit for service that 1,282
was rendered to the state or any of its political subdivisions or 1,283
any employer as defined in division (D) of this section. 1,284
(I) "Regular or current interest" means interest at any 1,286
rates for the respective funds and accounts as the public 1,287
employees retirement board may determine from time to time, 1,288
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 1,290
shall discontinue the annual crediting of current interest to the 1,291
individual accounts of contributors. The noncrediting of current 1,292
interest shall not affect the rate of interest at retirement 1,293
guaranteed under this division (I) OF THIS SECTION. 1,294
33
(2) The rate of interest credited on a contributor's 1,296
contributions at retirement shall be four per cent per annum, 1,297
compounded annually, to and including December 31, 1955; three 1,298
per cent per annum, compounded annually, from January 1, 1956, to 1,299
and including December 31, 1963; three and one-quarter per cent 1,300
per annum, compounded annually, from January 1, 1964, to and 1,301
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 1,302
In determining the reserve value for the purpose of 1,304
computing the amount of the contributor's annuity, the rate of 1,305
interest used in the annuity values shall be four per cent per 1,306
annum, compounded annually, for contributors retiring before 1,307
October 1, 1956, and after December 31, 1969; three per cent per 1,308
annum, compounded annually, for contributors retiring between 1,310
October 1, 1956, and December 31, 1963; and three and one-quarter 1,311
per cent per annum, compounded annually, for contributors 1,312
retiring from January 1, 1964, to December 31, 1969. Interest on 1,313
contributions from contributors within any one calendar year 1,314
shall begin on the first day of the calendar year next following 1,315
and shall be computed at the end of each calendar year, except in 1,316
the case of a contributor who retires before the end of the year. 1,317
(J) "Accumulated contributions" means the sum of all 1,319
amounts credited to a contributor's individual account in the 1,320
employees' savings fund together with any current interest 1,321
thereon, but does not include the interest adjustment at 1,322
retirement. 1,323
(K)(1) "Final average salary" means the quotient obtained 1,325
by dividing by three the sum of the three full calendar years of 1,326
contributing service in which the member's earnable salary was 1,327
highest, except that if the member has a partial year of 1,328
contributing service in the year the member's employment 1,329
terminates and the member's earnable salary for the partial year 1,330
is higher than for any comparable period in the three years, the 1,331
member's earnable salary for the partial year shall be 1,332
34
substituted for the member's earnable salary for the comparable 1,333
period during the three years in which the member's earnable 1,334
salary was lowest.
(2) If a member has less than three years of contributing 1,336
service, the member's final average salary shall be the member's 1,337
total earnable salary divided by the total number of years, 1,338
including any fraction of a year, of the member's contributing 1,339
service.
(3) For the purpose of calculating benefits payable to a 1,341
member qualifying for service credit under division (Z) of this 1,342
section, "final average salary" means the total earnable salary 1,343
on which contributions were made divided by the total number of 1,344
years during which contributions were made, including any 1,345
fraction of a year. If contributions were made for less than 1,346
twelve months, "final average salary" means the member's total 1,347
earnable salary. 1,348
(L) "Annuity" means payments for life derived from 1,350
contributions made by a contributor and paid from the annuity and 1,351
pension reserve fund as provided in this chapter. All annuities 1,352
shall be paid in twelve equal monthly installments. 1,353
(M) "Annuity reserve" means the present value, computed 1,355
upon the basis of the mortality and other tables adopted by the 1,356
board, of all payments to be made on account of any annuity, or 1,357
benefit in lieu of any annuity, granted to a retirant as provided 1,358
in this chapter.
(N)(1) "Disability retirement" means retirement as 1,360
provided in section 145.36 of the Revised Code. 1,361
(2) "Disability allowance" means an allowance paid on 1,363
account of disability under section 145.361 of the Revised Code. 1,364
(3) "Disability benefit" means a benefit paid as 1,366
disability retirement under section 145.36 of the Revised Code, 1,367
as a disability allowance under section 145.361 of the Revised 1,368
Code, or as a disability benefit under section 145.37 of the 1,369
Revised Code.
35
(4) "Disability benefit recipient" means a member who is 1,371
receiving a disability benefit. 1,372
(O) "Age and service retirement" means retirement as 1,374
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 1,375
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 1,377
contributions made by the employer that at the time of retirement 1,378
are credited into the annuity and pension reserve fund from the 1,379
employers' accumulation fund and paid from the annuity and 1,380
pension reserve fund as provided in this chapter. All pensions 1,381
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 1,383
portion of the benefit derived from contributions made by the 1,384
member.
(R)(1) Except as otherwise provided in this division (R) 1,386
OF THIS SECTION, "earnable salary" means all salary, wages, and 1,388
other earnings paid to a contributor by reason of employment in a 1,389
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 1,390
the amount required to be contributed to the employees' savings 1,391
fund under section 145.47 of the Revised Code and without regard 1,392
to whether any of the salary, wages, or other earnings are 1,393
treated as deferred income for federal income tax purposes.
"Earnable salary" includes the following: 1,394
(a) Payments made by the employer in lieu of salary, 1,396
wages, or other earnings for sick leave, personal leave, or 1,397
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 1,399
sick leave, personal leave, and vacation leave accrued, but not 1,400
used if the payment is made during the year in which the leave is 1,402
accrued, except that payments made pursuant to section 124.383 or 1,403
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 1,405
consisting of housing, laundry, and meals, as certified to the 1,406
36
retirement board by the employer or the head of the department 1,407
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 1,409
Revised Code;
(e) Payments that are made under a disability leave 1,411
program sponsored by the employer and for which the employer is 1,412
required by section 145.296 of the Revised Code to make periodic 1,413
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 1,415
of this section.
(2) "Earnable salary" does not include any of the 1,417
following:
(a) Fees and commissions, other than those paid under 1,419
section 507.09 of the Revised Code, paid as sole compensation for 1,420
personal services and fees and commissions for special services 1,421
over and above services for which the contributor receives a 1,422
salary;
(b) Amounts paid by the employer to provide life 1,424
insurance, sickness, accident, endowment, health, medical, 1,425
hospital, dental, or surgical coverage, or other insurance for 1,426
the contributor or the contributor's family, or amounts paid by 1,427
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 1,429
parking, or services furnished by the employer, or use of the 1,430
employer's property or equipment, or amounts paid by the employer 1,431
to the contributor in lieu of providing the incidental benefits; 1,432
(d) Reimbursement for job-related expenses authorized by 1,434
the employer, including moving and travel expenses and expenses 1,435
related to professional development; 1,436
(e) Payments for accrued, but unused sick leave, personal 1,438
leave, or vacation that are made at any time other than in the 1,440
year in which the sick leave, personal leave, or vacation was 1,441
accrued;
37
(f) Payments made to or on behalf of a contributor that 1,443
are in excess of the annual compensation that may be taken into 1,444
account by the retirement system under division (a)(17) of 1,445
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 1,446
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 1,448
5923.05 of the Revised Code or Section 4 of Substitute Senate 1,449
Bill No. 3 of the 119th general assembly; 1,450
(h) Anything of value received by the contributor that is 1,452
based on or attributable to retirement or an agreement to retire, 1,453
except that payments made on or before January 1, 1989, that are 1,454
based on or attributable to an agreement to retire shall be 1,455
included in earnable salary if both of the following apply: 1,456
(i) The payments are made in accordance with contract 1,458
provisions that were in effect prior to January 1, 1986; 1,459
(ii) The employer pays the retirement system an amount 1,461
specified by the retirement board equal to the additional 1,462
liability resulting from the payments. 1,463
(3) The retirement board shall determine by rule whether 1,465
any compensation not enumerated in this division (R) OF THIS 1,466
SECTION is earnable salary, and its decision shall be final. 1,468
(S) "Pension reserve" means the present value, computed 1,470
upon the basis of the mortality and other tables adopted by the 1,471
board, of all payments to be made on account of any retirement 1,472
allowance or benefit in lieu of any retirement allowance, granted 1,473
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 1,475
to a member of the system since January 1, 1935, for which 1,476
contributions are made as required by sections 145.47, 145.48, 1,477
and 145.483 of the Revised Code. In any year subsequent to 1934, 1,478
credit for any service shall be allowed by the following formula: 1,479
(a) For each month for which the member's earnable salary 1,481
is two hundred fifty dollars or more, allow one month's credit. 1,482
(b) For each month for which the member's earnable salary 1,484
38
is less than two hundred fifty dollars, allow a fraction of a 1,485
month's credit. The numerator of this fraction shall be the 1,486
earnable salary during the month, and the denominator shall be 1,487
two hundred fifty dollars, except that if the member's annual 1,488
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 1,489
calendar year of employment during which the member worked each 1,490
month. This division DIVISION (T)(1)(b) OF THIS SECTION shall 1,491
not reduce any credit earned before January 1, 1985. 1,492
(2) Notwithstanding division (T)(1) of this section, an 1,494
elected official who prior to January 1, 1980, was granted a full 1,495
year of credit for each year of service as an elected official 1,496
shall be considered to have earned a full year of credit for each 1,497
year of service regardless of whether the service was full-time 1,498
or part-time. The public employees retirement board has no
authority to reduce the credit. 1,499
(U) "State retirement board" means the public employees 1,501
retirement board, the school employees retirement board, or the 1,502
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 1,504
receiving a monthly allowance as provided in sections 145.32, 1,505
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 1,506
(W) "Employer contribution" means the amount paid by an 1,508
employer as determined by the employer rate including the normal 1,509
and deficiency contribution rates. 1,510
(X) "Public service terminates" means the last day for 1,512
which a public employee is compensated for services performed for 1,513
an employer or the date of the employee's death, whichever occurs 1,514
first.
(Y) When a member has been elected or appointed to an 1,516
office, the term of which is two or more years, for which an 1,517
annual salary is established, and in the event that the salary of 1,518
the office is increased and the member is denied the additional 1,519
salary by reason of any constitutional provision prohibiting an
39
increase in salary during a term of office, the member may elect 1,520
to have the amount of the member's contributions calculated upon 1,521
the basis of the increased salary for the office. At the 1,522
member's request, the board shall compute the total additional 1,523
amount the member would have contributed, or the amount by which 1,524
each of the member's contributions would have increased, had the 1,525
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 1,526
member's contribution would have increased withheld from the 1,527
member's salary, the member shall notify the employer, and the 1,528
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 1,529
amount withheld may elect at any time to make a payment to the 1,530
retirement system equal to the additional amount the member's 1,531
contribution would have increased, plus interest on that 1,532
contribution, compounded annually at a rate established by the 1,533
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 1,534
payment. A member may make a payment for part of the period for 1,535
which the increased contribution was not withheld, in which case 1,536
the interest shall be computed from the date the last 1,537
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 1,538
contributions as provided in this division, the increased annual 1,539
salary as provided by law for the office for the period for which 1,540
the member paid increased contributions thereon shall be used in 1,541
determining the member's earnable salary for the purpose of 1,542
computing the member's "final average salary."
(Z) "Five years of service credit," for the exclusive 1,544
purpose of satisfying the service credit requirements and of 1,545
determining eligibility for benefits under section 145.33 of the 1,546
Revised Code, means employment covered under this chapter or 1,547
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter, or under a 1,548
40
combination of the coverage. 1,550
(AA) "Deputy sheriff" means any person who is commissioned 1,552
and employed as a full-time peace officer by the sheriff of any 1,553
county, and has been so employed since on or before December 31, 1,554
1965, and whose primary duties are to preserve the peace, to 1,555
protect life and property, and to enforce the laws of this state; 1,556
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 1,557
and who has received a certificate attesting to the person's 1,558
satisfactory completion of the peace officer training school as 1,559
required by section 109.77 of the Revised Code and whose primary 1,560
duties are to preserve the peace, protect life and property, and 1,561
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 1,562
the Revised Code as a criminal bailiff or court constable who has 1,563
received a certificate attesting to the person's satisfactory 1,564
completion of the peace officer training school as required by 1,565
section 109.77 of the Revised Code and whose primary duties are 1,566
to preserve the peace, protect life and property, and enforce the 1,567
laws of this state.
(BB) "Township constable or police officer in a township 1,569
police department or district" means any person who is 1,570
commissioned and employed as a full-time peace officer pursuant 1,571
to Chapter 505. or 509. of the Revised Code, who has received a 1,572
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 1,573
of the Revised Code, and whose primary duties are to preserve the 1,574
peace, protect life and property, and enforce the laws of this 1,575
state.
(CC) "Drug agent" means any person who is either of the 1,577
following:
(1) Employed full-time as a narcotics agent by a county 1,579
narcotics agency created pursuant to section 307.15 of the 1,580
Revised Code and has received a certificate attesting to the 1,581
41
satisfactory completion of the peace officer training school as 1,582
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 1,584
defined in section 109.79 of the Revised Code and is in 1,585
compliance with section 109.77 of the Revised Code. 1,586
(DD) "Liquor control investigator" means a full-time 1,588
employee of the department of public safety who is engaged in the 1,589
enforcement of Chapters 4301. and 4303. of the Revised Code and 1,590
is in compliance with section 109.77 of the Revised Code. 1,591
(EE) "NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER" 1,593
MEANS A FULL-TIME EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES 1,594
WHO IS DESIGNATED A NATURAL RESOURCES LAW ENFORCEMENT STAFF 1,595
OFFICER UNDER SECTION 1501.013 OF THE REVISED CODE AND IS IN 1,597
COMPLIANCE WITH SECTION 109.77 OF THE REVISED CODE.
(FF) "Park officer" means a full-time employee of the 1,599
department of natural resources who is designated a park officer 1,601
under section 1541.10 of the Revised Code and is in compliance 1,602
with section 109.77 of the Revised Code.
(FF)(GG) "Forest officer" means a full-time employee of 1,604
the department of natural resources who is designated a forest 1,606
officer under section 1503.29 of the Revised Code and is in 1,607
compliance with section 109.77 of the Revised Code.
(GG)(HH) "PRESERVE OFFICER" MEANS A FULL-TIME EMPLOYEE OF 1,610
THE DEPARTMENT OF NATURAL RESOURCES WHO IS DESIGNATED A PRESERVE 1,611
OFFICER UNDER SECTION 1517.10 OF THE REVISED CODE AND IS IN 1,613
COMPLIANCE WITH SECTION 109.77 OF THE REVISED CODE. 1,615
(II) "Wildlife officer" means a full-time employee of the 1,617
department of natural resources who is designated a wildlife 1,619
officer under section 1531.13 of the Revised Code and is in 1,620
compliance with section 109.77 of the Revised Code. 1,621
(HH)(JJ) "State watercraft officer" means a full-time 1,623
employee of the department of natural resources who is designated 1,625
a state watercraft officer under section 1547.521 of the Revised 1,626
Code and is in compliance with section 109.77 of the Revised 1,627
42
Code.
(II)(KK) "Park district police officer" means a full-time 1,629
employee of a park district who is designated pursuant to section 1,631
511.232 or 1545.13 of the Revised Code and is in compliance with 1,632
section 109.77 of the Revised Code.
(JJ)(LL) "Conservancy district officer" means a full-time 1,634
employee of a conservancy district who is designated pursuant to 1,636
section 6101.75 of the Revised Code and is in compliance with 1,637
section 109.77 of the Revised Code.
(KK)(MM) "Municipal police officer" means a member of the 1,639
organized police department of a municipal corporation who is 1,641
employed full-time, is in compliance with section 109.77 of the 1,642
Revised Code, and is not a member of the police and firemen's 1,643
disability and pension fund.
(LL)(NN) "Ohio veterans' home police officer" means any 1,645
person who is employed at the Ohio veterans' home as a police 1,647
officer pursuant to section 5907.02 of the Revised Code and is in 1,648
compliance with section 109.77 of the Revised Code.
(MM)(OO) "Special police officer for a mental health 1,650
institution" means any person who is designated as such pursuant 1,652
to section 5119.14 of the Revised Code and is in compliance with 1,653
section 109.77 of the Revised Code.
(NN)(PP) "Special police officer for an institution for 1,655
the mentally retarded and developmentally disabled" means any 1,657
person who is designated as such pursuant to section 5123.13 of 1,658
the Revised Code and is in compliance with section 109.77 of the 1,659
Revised Code.
(OO)(QQ) "State university law enforcement officer" means 1,661
any person who is employed full-time as a state university law 1,663
enforcement officer pursuant to section 3345.04 of the Revised 1,664
Code and who is in compliance with section 109.77 of the Revised 1,665
Code.
(PP)(RR) "Hamilton county municipal court bailiff" means a 1,667
person appointed by the clerk of courts of the Hamilton county 1,669
43
municipal court under division (A)(3) of section 1901.32 of the 1,670
Revised Code who is employed full-time as a bailiff or deputy 1,671
bailiff, who has received a certificate attesting to the person's 1,672
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 1,673
and whose primary duties are to preserve the peace, to protect 1,674
life and property, and to enforce the laws of this state. 1,675
(QQ)(SS) Notwithstanding section 2901.01 of the Revised 1,677
Code, "law enforcement officer" means a sheriff, deputy sheriff, 1,679
township constable or police officer in a township police 1,680
department or district, drug agent, liquor control investigator, 1,681
park officer, forest officer, PRESERVE OFFICER, wildlife officer, 1,682
state watercraft officer, park district police officer, 1,683
conservancy district officer, Ohio veterans' home police officer, 1,684
special police officer for a mental health institution, special 1,685
police officer for an institution for the mentally retarded and 1,686
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 1,687
police officer.
(RR)(TT) "Fiduciary" means a person who does any of the 1,689
following: 1,690
(1) Exercises any discretionary authority or control with 1,692
respect to the management of the system or with respect to the 1,693
management or disposition of its assets; 1,694
(2) Renders investment advice for a fee, direct or 1,696
indirect, with respect to money or property of the system; 1,697
(3) Has any discretionary authority or responsibility in 1,699
the administration of the system. 1,700
(SS)(UU) "Actuary" means an individual who satisfies all 1,702
of the following requirements: 1,704
(1) Is a member of the American academy of actuaries; 1,706
(2) Is an associate or fellow of the society of actuaries; 1,708
(3) Has a minimum of five years' experience in providing 1,710
actuarial services to public retirement plans. 1,711
44
Sec. 145.33. (A) Except as provided in division (B) of 1,721
this section, a member with at least five years of total service 1,722
credit who has the member's attained age sixty, or who has thirty 1,723
years of total Ohio service credit, may apply for age and service 1,724
retirement, which shall consist of: 1,725
(1) An annuity having a reserve equal to the amount of the 1,727
member's accumulated contributions at that time; 1,728
(2) A pension equal to the annuity provided by division 1,730
(A)(1) of this section; 1,731
(3) An additional pension, if the member can qualify for 1,733
prior service, equal to forty dollars multiplied by the number of 1,734
years, and fraction thereof, of such prior and military service 1,735
credit; 1,736
(4) A basic annual pension equal to one hundred eighty 1,738
dollars if the member has ten or more years of total service 1,739
credit as of October 1, 1956, except that the basic annual 1,740
pension shall not exceed the sum of the annual benefits provided 1,741
by divisions (A)(1), (2), and (3) of this section. The cost of 1,742
the basic annual pension shall be included in the deficiency 1,743
contribution provided by sections 145.48 and 145.50 of the 1,744
Revised Code. 1,745
(5) When a member retires on age and service retirement, 1,747
the member's total annual single lifetime allowance, including 1,749
the allowances provided in divisions (A)(1), (2), (3), and (4) of 1,750
this section, shall be not less than a base amount adjusted in 1,751
accordance with this division (A)(5) OF THIS SECTION and 1,753
determined by multiplying the member's total service credit by 1,754
the greater of the following:
(a) Eighty-six dollars; 1,756
(b) Two and one-tenth per cent of the member's final 1,758
average salary for each of the first thirty years of service plus 1,760
two and one-half per cent of the member's final average salary 1,761
for each subsequent year of service. 1,762
The allowance shall be adjusted by the factors of attained 1,764
45
age or years of service to provide the greater amount as 1,765
determined by the following schedule: 1,766
Years of Percentage 1,768
Attained or Total Service of 1,769
Birthday Credit Base Amount 1,770
58 25 75 1,772
59 26 80 1,773
60 27 85 1,774
61 88 1,775
28 90 1,776
62 91 1,777
63 94 1,778
29 95 1,779
64 97 1,780
65 30 or more 100 1,781
Members shall vest the right to a benefit in accordance 1,784
with the following schedule, based on the member's attained age 1,785
by September 1, 1976: 1,786
Percentage 1,788
Attained of 1,789
Birthday Base Amount 1,790
66 102 1,791
67 104 1,792
68 106 1,793
69 108 1,794
70 or more 110 1,795
(6) The total annual single lifetime allowance that a 1,798
member shall receive under division (A)(5) of this section shall 1,799
not exceed the lesser of one hundred per cent of the member's 1,801
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. 1,802
415, as amended. 1,803
(B)(1) A member who has at least twenty-five years of 1,805
total service credit, including credit for military service under 1,806
46
division (C)(2) of this section, while serving as a law 1,808
enforcement officer and who has the member's attained age 1,809
fifty-two may apply for an age and service retirement benefit, 1,810
which shall consist of an annual single lifetime allowance equal 1,811
to the sum of two and one-half per cent of the member's final 1,812
average salary multiplied by the first twenty years of the 1,813
member's total service plus two and one-tenth per cent of the 1,814
member's final average salary multiplied by the number of years 1,815
of of the member's total service credit in excess of twenty 1,817
years, except that no allowance shall exceed the lesser of ninety 1,818
per cent of the member's final average salary or the limit 1,819
established by section 415 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 1,820
(2) A member who has at least fifteen years of total 1,822
service credit, including credit for military service under 1,823
division (C)(2) of this section, while serving as a law 1,825
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 1,826
consist of an annual single lifetime allowance computed as 1,827
provided in division (B)(1) of this section. The benefit shall 1,828
not exceed the limit established by section 415 of the "Internal 1,829
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,830
amended. 1,831
(3) A member with at least fifteen years of total service 1,833
credit, including credit for military service under division 1,834
(C)(2) of this section, while serving as a law enforcement 1,835
officer who voluntarily resigns or is discharged the member's for 1,836
any reason except death, dishonesty, cowardice, intemperate 1,838
habits, or conviction of a felony, may apply for an age and 1,839
service retirement benefit, which shall consist of an annual 1,840
single lifetime allowance equal to one and one-half per cent of 1,841
the member's final average salary multiplied by the number of 1,842
years of the member's total service credit. The benefit shall 1,843
not exceed the limit established by section 415 of the "Internal 1,844
47
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,845
amended. The allowance shall commence on the first day of the 1,846
calendar month following the month in which the application is 1,847
filed with the public employees retirement board on or after the 1,848
attainment by the applicant of age fifty-two. 1,849
(4) A member who has at least twenty-five years of total 1,851
service credit, including credit for military service under 1,852
division (C)(2) of this section, while serving as a law 1,853
enforcement officer who voluntarily resigns or is discharged the 1,854
member's for any reason except death, dishonesty, cowardice, 1,856
intemperate habits, or conviction of a felony, on or after the 1,857
date the member of attaining forty-eight years of age, but before 1,858
the date the member of attaining fifty-two years of age, may 1,859
elect to receive a reduced benefit as determined by the following
schedule: 1,860
Attained Age Reduced Benefit 1,862
48 75% of the benefit payable under 1,864
division (B)(1) of this section 1,865
49 80% of the benefit payable under 1,866
division (B)(1) of this section 1,867
50 86% of the benefit payable under 1,868
division (B)(1) of this section 1,869
51 93% of the benefit payable under 1,870
division (B)(1) of this section 1,871
A member who has at least twenty-five years of law 1,874
enforcement service credit, upon attaining forty-eight, 1,875
forty-nine, fifty, or fifty-one years of age, may elect to retire 1,876
and receive a reduced benefit determined by the above schedule. 1,877
If a member elects to receive a reduced benefit on or after 1,879
the date the member of attaining forty-eight years of age, but 1,880
before the date the member of attaining forty-nine years of age, 1,881
the reduced benefit is payable from the date the member attained 1,882
forty-eight years of age or from the date the member becomes 1,883
eligible to receive the reduced benefit, whichever is later. If 1,884
48
a member elects to receive a reduced benefit on or after the date 1,885
the member of attaining forty-nine years of age, but before the 1,887
date the member of attaining fifty years of age, the reduced
benefit is payable from the date the member attained forty-nine 1,888
years of age or from the date the member becomes eligible to 1,889
receive the reduced benefit, whichever is later. If a member 1,890
elects to receive a reduced benefit on or after the date the 1,891
member of attaining fifty years of age, but before the date the 1,892
member of attaining fifty-one years of age, the reduced benefit 1,893
is payable from the date the member attained fifty years of age 1,894
or from the date the member becomes eligible to receive the 1,895
reduced benefit, whichever is later. If a member elects to
receive a reduced benefit on or after the date the member of 1,897
attaining fifty-one years of age, but before the date the member
of attaining fifty-two years of age, the reduced benefit is 1,899
payable from the date the member attained fifty-one years of age 1,900
or from the date the member becomes eligible to receive the 1,901
reduced benefit, whichever is later. 1,902
Once a member elects to receive a reduced benefit 1,904
determined by the above schedule and has received a payment, the 1,905
member may not reelect to change that election. 1,906
If a member who has resigned or been discharged has left on 1,908
deposit the member's accumulated contributions in the employees' 1,909
savings fund and has not elected to receive a reduced benefit 1,910
determined by the above schedule the member, upon attaining 1,912
fifty-two years of age, the member shall be entitled to receive a
benefit computed and paid under division (B)(1) of this section. 1,913
(C)(1) A member with service credit as a law enforcement 1,915
officer and other service credit under this chapter may elect one 1,917
of the following: 1,918
(a) To have all the member's service credit under this 1,920
chapter, including credit for service as a law enforcement 1,922
officer, used in calculating a retirement allowance under 1,923
division (A) of this section if the member qualifies for an 1,924
49
allowance under that division; 1,925
(b) If the member qualifies for an allowance under 1,927
division (B) of this section, to have the member's service credit 1,928
as a law enforcement officer used in calculating a benefit under 1,929
that division and the member's credit for all service other than 1,930
law enforcement service under this chapter used in calculating a 1,931
benefit consisting of a single life annuity having a reserve 1,932
equal to the amount of the member's accumulated contributions and 1,933
an equal amount of the employer's contributions. 1,934
(2) Notwithstanding sections 145.01 and 145.30 of the 1,936
Revised Code, no more than four years of military service credit 1,937
granted under section 145.30 of the Revised Code and five years 1,938
of military service credit purchased under section 145.301 or 1,939
145.302 of the Revised Code shall be used in calculating service 1,940
as a law enforcement officer or the total service credit of that 1,941
person.
(3) Only credit for the member's service as a law 1,943
enforcement officer or service credit purchased as a police 1,944
officer or state highway patrol trooper shall be used in 1,945
computing the benefits under division (B) of this section for the 1,946
following:
(a) Any person who originally is commissioned and employed 1,948
as a deputy sheriff by the sheriff of any county, or who 1,949
originally is elected sheriff, on or after January 1, 1975; 1,950
(b) Any deputy sheriff who originally is employed on or 1,952
after the effective date of this amendment as a criminal bailiff 1,953
or court constable ON OR AFTER APRIL 16, 1993; 1,954
(c) Any person who originally is appointed as a township 1,956
constable or police officer in a township police department or 1,957
district on or after January 1, 1981; 1,958
(d) Any person who originally is employed as a county 1,960
narcotics agent on or after September 26, 1984; 1,961
(e) Any person who originally is employed as an undercover 1,963
drug agent as defined in section 109.79 of the Revised Code, 1,964
50
liquor control investigator, park officer, forest officer, 1,965
wildlife officer, state watercraft officer, park district police 1,966
officer, conservancy district officer, Ohio veterans' home 1,967
policeman POLICE OFFICER, special policeman POLICE OFFICER for a 1,969
mental health institution, special policeman POLICE OFFICER for 1,970
an institution for the mentally retarded and developmentally 1,972
disabled, or municipal police officer on or after December 15, 1,973
1988;
(f) Any person who is originally IS employed as a state 1,975
university law enforcement officer, on or after the effective 1,977
date of this amendment NOVEMBER 6, 1996; 1,978
(g) Any person who is originally IS employed as a Hamilton 1,980
county municipal court bailiff on or after the effective date of 1,981
this amendment NOVEMBER 6, 1996; 1,982
(h) ANY PERSON WHO ORIGINALLY IS EMPLOYED AS A PRESERVE 1,984
OFFICER ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT; 1,985
(i) ANY PERSON WHO ORIGINALLY IS EMPLOYED AS A NATURAL 1,987
RESOURCES LAW ENFORCEMENT STAFF OFFICER ON OR AFTER THE EFFECTIVE 1,988
DATE OF THIS AMENDMENT. 1,989
(D) Retirement allowances determined under this section 1,991
shall be paid as provided in section 145.46 of the Revised Code. 1,992
Sec. 149.01. Each elective state officer, the adjutant 2,001
general, the adult parole authority, the department of 2,002
agriculture, the director of administrative services, the public 2,003
utilities commission, the superintendent of insurance, the 2,004
superintendent of financial institutions, the superintendent of 2,006
purchases and printing, the division of geological survey, the 2,007
state commissioner of soldiers' claims, the fire marshal, the 2,008
industrial commission, THE administrator of workers' 2,009
compensation, the state department of transportation, the 2,010
department of health, the state medical board, the state dental 2,011
board, the board of embalmers and funeral directors, the 2,012
department of human services, the Ohio commission for the blind, 2,013
the accountancy board of Ohio, the state council of uniform state 2,014
51
laws, the board of commissioners of the sinking fund, the 2,016
department of taxation, the board of tax appeals, the clerk of 2,017
the supreme court, the division of liquor control, the director 2,018
of state armories, the trustees of the Ohio state university, and 2,019
every private or quasi-public institution, association, board, or 2,020
corporation receiving state money for its use and purpose, shall 2,021
make annually, at the end of each fiscal year, in quadruplicate, 2,022
a report of the transactions and proceedings of that office or 2,024
department for such THAT fiscal year, excepting receipts and
disbursements unless otherwise specifically required by law. 2,025
Such THE report shall contain a summary of the official acts of 2,027
such THE officer, board, council, commission, institution, 2,028
association, or corporation, and such ANY suggestions and 2,030
recommendations as THAT are proper. On the first day of August 2,032
of each year, one of such THE reports shall be filed with the 2,034
governor, one with the secretary of state, and one with the state 2,035
library, and one shall be kept on file in the office of such THE 2,036
officer, board, council, commission, institution, association, or 2,038
corporation.
Sec. 1501.01. Except where otherwise expressly provided, 2,047
the director of natural resources shall formulate and institute 2,048
all the policies and programs of the department of natural 2,049
resources. The chief of any division of the department shall not 2,050
enter into any contract, agreement, or understanding unless it is 2,051
approved by the director. 2,052
The director shall correlate and coordinate the work and 2,054
activities of the divisions in his THE department to eliminate 2,055
unnecessary duplications of effort and overlapping of functions. 2,056
The chiefs of the various divisions of the department shall meet 2,057
with the director at least once each month at a time and place 2,058
designated by the director. 2,059
The director may create advisory boards to any of those 2,061
divisions in conformity with section 121.13 of the Revised Code. 2,062
The director may accept and expend gifts, devises, and 2,064
52
bequests of money, lands, and other properties on behalf of the 2,065
department or any division thereof under the terms set forth in 2,066
section 9.20 of the Revised Code. Any political subdivision of 2,067
this state may make contributions to the department for the use 2,068
of the department or any division therein IN IT according to the 2,069
terms of the contribution. 2,071
The director may publish and sell or otherwise distribute 2,073
data, reports, and information. 2,074
The director shall adopt rules in accordance with Chapter 2,076
119. of the Revised Code to permit the department to accept by 2,077
means of a credit card the payment of fees, charges, and rentals 2,078
at those facilities described in section 1501.07 of the Revised 2,079
Code that are operated by the department, for any data, reports, 2,080
or information sold by the department, and for any other goods or 2,081
services provided by the department. 2,082
Whenever authorized by the governor to do so, the director 2,084
may appropriate property for the uses and purposes authorized to 2,085
be performed by the department and on behalf of any division 2,086
within the department. This authority shall be exercised in the 2,087
manner provided in sections 163.01 to 163.22 of the Revised Code 2,088
for the appropriation of property by the director of 2,089
administrative services. This authority to appropriate property 2,090
is in addition to the authority provided by law for the 2,091
appropriation of property by divisions of the department. The 2,092
THE director of natural resources also may acquire by 2,094
purchase, lease, or otherwise such real and personal property 2,095
rights or privileges in the name of the state as THAT are 2,096
necessary for the purposes of the department or any division 2,098
therein IN IT. The AS PART OF THIS AUTHORITY, THE DIRECTOR MAY 2,100
LEASE OFFICE SPACE AND STORAGE ACCOMMODATIONS FOR THE DEPARTMENT 2,101
AND SHALL BE RESPONSIBLE FOR GENERAL SUPERVISION AND CARE OF THE 2,102
OFFICE SPACE AND STORAGE ACCOMMODATIONS.
THE director, with the approval of the governor and the 2,104
attorney general, may sell, lease, or exchange portions of lands 2,105
53
or property, real or personal, of any division of the department 2,106
or grant easements or licenses for the use thereof, or enter into 2,107
agreements for the sale of water from lands and waters under the 2,108
administration or care of the department or any of its divisions, 2,109
when the sale, lease, exchange, easement, agreement, or license 2,110
for use is advantageous to the state, provided that such approval 2,111
is not required for leases and contracts made under sections 2,112
1501.07, 1501.09, 1507.12, or 1520.03 or Chapter 1523. of the 2,113
Revised Code. Water may be sold from a reservoir only to the 2,114
extent that the reservoir was designed to yield a supply of water 2,115
for a purpose other than recreation or wildlife, and the water 2,116
sold is in excess of that needed to maintain the reservoir for 2,117
purposes of recreation or wildlife. 2,118
Money received from such sales, leases, easements, 2,120
exchanges, agreements, or licenses for use, except revenues 2,121
required to be set aside or paid into depositories or trust funds 2,122
for the payment of bonds issued under sections 1501.12 to 1501.15 2,123
of the Revised Code, and to maintain the required reserves 2,124
therefor as provided in the orders authorizing the issuance of 2,125
such THE bonds or the trust agreements securing such THE bonds, 2,127
revenues required to be paid and credited pursuant to the bond 2,128
proceeding applicable to obligations issued pursuant to section 2,129
154.22, and revenues generated under section 1520.05 of the 2,130
Revised Code, shall be deposited in the state treasury to the 2,131
credit of the fund of the division of the department having prior 2,132
jurisdiction over the lands or property. If no such fund exists, 2,133
the money shall be credited to the general revenue fund. All 2,134
such money received from lands or properties administered by the 2,135
division of wildlife shall be credited to the wildlife fund. 2,136
The director shall provide for the custody, safekeeping, 2,138
and deposit of all moneys, checks, and drafts received by the 2,139
department or its employees prior to paying them to the treasurer 2,140
of state under section 113.08 of the Revised Code. 2,141
The director shall cooperate with the nature conservancy, 2,143
54
other nonprofit organizations, and the United States fish and 2,144
wildlife service in order to secure protection of islands in the 2,145
Ohio river and the wildlife and wildlife habitat of those 2,146
islands. 2,147
Sec. 1501.013. (A) SUBJECT TO DIVISION (B) OF THIS 2,150
SECTION, THE DIRECTOR OF NATURAL RESOURCES MAY DESIGNATE AN 2,151
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES AS A NATURAL 2,152
RESOURCES LAW ENFORCEMENT STAFF OFFICER. SUCH AN OFFICER MAY DO 2,153
ANY OR ALL OF THE FOLLOWING: 2,154
(1) COORDINATE THE LAW ENFORCEMENT ACTIVITIES, TRAINING, 2,156
AND POLICIES OF THE DEPARTMENT; 2,157
(2) SERVE AS THE DEPARTMENT'S LIAISON WITH OTHER LAW 2,159
ENFORCEMENT AGENCIES AND JURISDICTIONS AND AS THE DIRECTOR'S 2,160
REPRESENTATIVE REGARDING LAW ENFORCEMENT ACTIVITIES; 2,161
(3) CONDUCT INTERNAL INVESTIGATIONS OF EMPLOYEES OF THE 2,163
DEPARTMENT AS NECESSARY; 2,164
(4) PERFORM OTHER FUNCTIONS RELATED TO THE DEPARTMENT'S 2,166
LAW ENFORCEMENT ACTIVITIES, TRAINING, AND POLICIES THAT THE 2,167
DIRECTOR ASSIGNS TO THE OFFICER. 2,168
A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER, ON ANY 2,170
LANDS OR WATERS OWNED, CONTROLLED, MAINTAINED, OR ADMINISTERED BY 2,172
THE DEPARTMENT, HAS THE AUTHORITY SPECIFIED UNDER SECTION 2935.03 2,173
OF THE REVISED CODE FOR PEACE OFFICERS OF THE DEPARTMENT OF 2,175
NATURAL RESOURCES TO KEEP THE PEACE, TO ENFORCE ALL LAWS AND 2,176
RULES GOVERNING THOSE LANDS AND WATERS, AND TO MAKE ARRESTS FOR 2,177
VIOLATION OF THOSE LAWS AND RULES.
THE GOVERNOR, UPON THE RECOMMENDATION OF THE DIRECTOR, 2,179
SHALL ISSUE TO A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER 2,180
A COMMISSION INDICATING AUTHORITY TO MAKE ARRESTS AS PROVIDED IN 2,181
DIVISION (A) OF THIS SECTION. 2,183
THE DIRECTOR SHALL FURNISH A SUITABLE BADGE TO A 2,185
COMMISSIONED NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER AS 2,186
EVIDENCE OF THAT OFFICER'S AUTHORITY. 2,187
(B)(1) AS USED IN DIVISION (B) OF THIS SECTION, "FELONY" 2,190
55
HAS THE SAME MEANING AS IN SECTION 109.511 OF THE REVISED CODE. 2,193
(2) THE DIRECTOR SHALL NOT DESIGNATE A PERSON AS A NATURAL 2,196
RESOURCES LAW ENFORCEMENT STAFF OFFICER UNDER DIVISION (A) OF 2,197
THIS SECTION ON A PERMANENT BASIS, ON A TEMPORARY BASIS, FOR A 2,198
PROBATIONARY TERM, OR ON OTHER THAN A PERMANENT BASIS IF THE 2,199
PERSON PREVIOUSLY HAS BEEN CONVICTED OF OR HAS PLEADED GUILTY TO 2,200
A FELONY.
(3) THE DIRECTOR SHALL TERMINATE THE EMPLOYMENT AS A 2,202
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER OF A PERSON 2,203
DESIGNATED AS SUCH AN OFFICER IF THAT PERSON DOES EITHER OF THE 2,204
FOLLOWING: 2,205
(a) PLEADS GUILTY TO A FELONY; 2,207
(b) PLEADS GUILTY TO A MISDEMEANOR PURSUANT TO A 2,209
NEGOTIATED PLEA AGREEMENT AS PROVIDED IN DIVISION (D) OF SECTION 2,211
2929.29 OF THE REVISED CODE IN WHICH THE NATURAL RESOURCES LAW 2,214
ENFORCEMENT STAFF OFFICER AGREES TO SURRENDER THE CERTIFICATE 2,215
AWARDED TO THAT OFFICER UNDER SECTION 109.77 OF THE REVISED CODE. 2,217
(4) THE DIRECTOR SHALL SUSPEND FROM EMPLOYMENT AS A 2,219
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER A PERSON 2,220
DESIGNATED AS SUCH AN OFFICER IF THAT PERSON IS CONVICTED, AFTER 2,221
TRIAL, OF A FELONY. IF THE NATURAL RESOURCES LAW ENFORCEMENT 2,222
STAFF OFFICER FILES AN APPEAL FROM THAT CONVICTION AND THE 2,223
CONVICTION IS UPHELD BY THE HIGHEST COURT TO WHICH THE APPEAL IS 2,224
TAKEN, OR IF THE OFFICER DOES NOT FILE A TIMELY APPEAL, THE 2,225
DIRECTOR SHALL TERMINATE THE EMPLOYMENT OF THE NATURAL RESOURCES 2,226
LAW ENFORCEMENT STAFF OFFICER. IF THE NATURAL RESOURCES LAW 2,227
ENFORCEMENT STAFF OFFICER FILES AN APPEAL THAT RESULTS IN THE 2,228
OFFICER'S ACQUITTAL OF THE FELONY OR CONVICTION OF A MISDEMEANOR, 2,230
OR IN THE DISMISSAL OF THE FELONY CHARGE AGAINST THE OFFICER, THE 2,231
DIRECTOR SHALL REINSTATE THE NATURAL RESOURCES LAW ENFORCEMENT 2,232
STAFF OFFICER. A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER 2,233
WHO IS REINSTATED UNDER DIVISION (B)(4) OF THIS SECTION SHALL NOT 2,235
RECEIVE ANY BACK PAY UNLESS THE OFFICER'S CONVICTION OF THE
FELONY WAS REVERSED ON APPEAL, OR THE FELONY CHARGE WAS 2,236
56
DISMISSED, BECAUSE THE COURT FOUND INSUFFICIENT EVIDENCE TO 2,237
CONVICT THE OFFICER OF THE FELONY. 2,238
(5) DIVISION (B) OF THIS SECTION DOES NOT APPLY REGARDING 2,241
AN OFFENSE THAT WAS COMMITTED PRIOR TO JANUARY 1, 1999. 2,242
(6) THE SUSPENSION FROM EMPLOYMENT, OR THE TERMINATION OF 2,244
THE EMPLOYMENT, OF A NATURAL RESOURCES LAW ENFORCEMENT STAFF 2,245
OFFICER UNDER DIVISION (B)(3) OR (4) OF THIS SECTION SHALL BE IN 2,247
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 2,250
Sec. 1501.02. The director of natural resources may enter 2,259
into cooperative or contractual arrangements with the United 2,260
States or any agency or department thereof, other states, other 2,261
departments and subdivisions of this state, or any other person 2,262
or body politic for the accomplishment of the purposes for which 2,263
the department of natural resources was created. The director 2,264
shall cooperate with, and not infringe upon the rights of, other 2,265
state departments, divisions, boards, commissions, and agencies, 2,266
political subdivisions, and other public officials and public and 2,267
private agencies in the conduct of conservation plans and other 2,268
matters in which the interests of the department of natural 2,269
resources and the other departments and agencies overlap. 2,270
The director, by mutual agreement, may utilize the 2,272
facilities and staffs of state-supported educational institutions 2,273
in order to promote the conservation and development of the 2,274
natural resources of the state. 2,275
All funds made available by the United States for the 2,277
exclusive use of any division shall be expended only by that 2,279
division and only for the purposes for which the funds were 2,280
appropriated. In accepting any such funds for the acquisition of 2,281
lands or interests therein IN THEM to be used for open-space 2,282
purposes including park, recreational, historical, or scenic 2,284
purposes, or for conservation of land or other natural resources, 2,285
the director may agree on behalf of the state that lands or 2,286
interests therein IN THEM acquired in part with those funds shall 2,288
not be converted to other uses except pursuant to further 2,290
57
agreement between the director and the United States. 2,291
THE DIRECTOR SHALL ESTABLISH GUIDELINES FOR ENTERING INTO 2,294
AND MAY ENTER INTO A COOPERATIVE OR CONTRACTUAL ARRANGEMENT WITH 2,295
ANY INDIVIDUAL, AGENCY, ORGANIZATION, OR BUSINESS ENTITY TO
ASSIST THE DEPARTMENT IN FUNDING A PROGRAM OR PROJECT OF THE 2,296
DEPARTMENT, ITS DIVISIONS, OR ITS OFFICES, THROUGH SECURING, 2,297
WITHOUT LIMITATION, DONATIONS, SPONSORSHIPS, MARKETING, 2,299
ADVERTISING, AND LICENSING ARRANGEMENTS. STATE MONEYS 2,300
APPROPRIATED TO THE DEPARTMENT SHALL CONTINUE TO BE USED AS 2,301
AUTHORIZED AND SHALL NOT BE REDIRECTED TO ANY OTHER PURPOSE AS A 2,302
RESULT OF FINANCIAL SAVINGS RESULTING FROM THE DEPARTMENT'S 2,303
ENTERING INTO THE COOPERATIVE OR CONTRACTUAL ARRANGEMENT. 2,305
The director may enter into a mutual aid compact with the 2,307
chief law enforcement officer of any federal agency, state 2,308
agency, county, township, municipal corporation, or other 2,310
political subdivision or with the superintendent of the state 2,311
highway patrol to enable forest officers, park officers, and 2,312
STATE watercraft officers and the law enforcement officers of the 2,313
respective federal or state agencies or political subdivisions or 2,315
the state highway patrol to assist each other in the provision of 2,316
police services within each other's jurisdiction. 2,317
Sec. 1501.10. Advertisement for bids for the leasing of 2,326
public service facilities in state parks shall be published in 2,327
any newspaper of general circulation in Franklin county and each 2,328
county in which the facility to be leased is situated. The 2,329
publication shall be made once each week for four consecutive 2,330
weeks prior to the date fixed for the acceptance of the bids. 2,331
The notice shall set forth the pertinent facts concerning the 2,332
facility to be leased and the periods of required operation 2,333
during the year and shall refer to the terms and conditions that 2,334
the lease shall include, which shall be on file in the office of 2,335
the director of natural resources and open to public inspection, 2,336
except that questionnaires and financial statements submitted 2,337
under this section shall be confidential and shall not be open to 2,338
58
public inspection. 2,339
Such THE public service facilities may be leased for such A 2,342
period of years as THAT may be determined by the director, 2,343
provided that the director may, at the expiration of the original 2,345
lease, without advertisement for bids, MAY grant the lessee a 2,346
renewal of the lease for an additional period not to exceed four 2,347
years. Leases executed under this section may contain any 2,348
provisions which THAT the director considers necessary, provided 2,350
that the following provisions shall be contained in the leases: 2,351
(A) The lessee shall be responsible for keeping the 2,353
facilities in good condition and repair, reasonable wear and tear 2,354
and damages caused by casualty or acts beyond the control of the 2,355
lessee excepted. 2,356
(B) The lessee shall operate the facilities for such 2,358
periods during the year as THAT the director determines ARE 2,360
necessary to satisfy the needs of the people of the state, 2,361
provided that the periods of required operation shall be set 2,362
forth in the notice for the acceptance of bids. 2,363
(C) The lessee, upon the execution of the lease, shall 2,365
furnish a surety TO ENSURE THAT THE LESSEE SHALL PERFORM FULLY 2,366
ALL TERMS OF THE LEASE. THE SURETY SHALL BE IN THE FORM OF A 2,367
PERFORMANCE bond or, an irrevocable letter of credit to the state 2,369
in an amount as, CASH, OR NEGOTIABLE CERTIFICATES OF DEPOSIT OF 2,370
ANY BANK OR SAVINGS AND LOAN ASSOCIATION ORGANIZED OR TRANSACTING 2,371
BUSINESS IN THE UNITED STATES. THE CASH, MARKET VALUE OF THE 2,374
CERTIFICATES OF DEPOSIT, OR FACE VALUE OF THE IRREVOCABLE LETTER 2,375
OF CREDIT SHALL BE EQUAL TO OR GREATER THAN THE AMOUNT OF THE 2,376
BOND prescribed by the director, to ensure that the lessee shall 2,378
fully perform all terms of IN the lease.
IMMEDIATELY UPON A DEPOSIT OF CASH OR CERTIFICATES OF 2,380
DEPOSIT, THE DIRECTOR SHALL DELIVER THEM TO THE TREASURER OF 2,381
STATE, WHO SHALL BE RESPONSIBLE FOR THEIR SAFEKEEPING AND HOLD 2,382
THEM IN TRUST FOR THE PURPOSES FOR WHICH THEY HAVE BEEN 2,383
DEPOSITED. A LESSEE MAKING A DEPOSIT OF CASH OR CERTIFICATES OF 2,384
59
DEPOSIT MAY WITHDRAW AND RECEIVE FROM THE TREASURER OF STATE, ON 2,385
THE WRITTEN ORDER OF THE DIRECTOR, ALL OR ANY PORTION OF THE CASH 2,386
OR CERTIFICATES OF DEPOSIT UPON DEPOSITING WITH THE TREASURER OF 2,387
STATE CASH OR NEGOTIABLE CERTIFICATES OF DEPOSIT ISSUED BY ANY 2,388
BANK ORGANIZED OR TRANSACTING BUSINESS IN THIS STATE EQUAL IN PAR 2,390
VALUE TO THE PAR VALUE OF THE CASH OR CERTIFICATES OF DEPOSIT 2,391
WITHDRAWN. A LESSEE MAY DEMAND AND RECEIVE FROM THE TREASURER OF 2,392
STATE ALL INTEREST OR OTHER INCOME FROM ANY SUCH CERTIFICATES AS 2,393
IT BECOMES DUE.
The director may lease any public service facilities in 2,395
state parks to the person, firm, partnership, association, or 2,396
corporation who submits the highest and best bid under the terms 2,397
set forth in this section and in accordance with the rules of the 2,398
director, taking into account the financial responsibility and 2,399
the ability of the lessee to operate the facilities. Bids shall 2,400
be sealed and opened at a date and time certain, published in 2,401
advance. 2,402
This section does not apply to a lease and contract 2,404
executed under section 1501.012 of the Revised Code. 2,405
Sec. 1502.01. As used in this chapter: 2,414
(A) "Litter" means garbage, trash, waste, rubbish, ashes, 2,416
cans, bottles, wire, paper, cartons, boxes, automobile parts, 2,417
furniture, glass, or anything else of an unsightly or unsanitary 2,418
nature thrown, dropped, discarded, placed, or deposited by a 2,419
person on public property, on private property not owned by him 2,420
THE PERSON, or in or on waters of the state unless one of the 2,422
following applies: 2,423
(1) The person has been directed to do so by a public 2,425
official as part of a litter collection drive; 2,426
(2) The person has thrown, dropped, discarded, placed, or 2,428
deposited the material in a receptacle in a manner that prevented 2,429
its being carried away by the elements; 2,430
(3) The person has been issued a permit or license 2,432
covering the material pursuant to Chapter 3734. or 6111. of the 2,433
60
Revised Code. 2,434
(B) "Recycling" means the process of collecting, sorting, 2,436
cleansing, treating, and reconstituting waste or other discarded 2,437
materials for the purpose of recovering and reusing the 2,438
materials. 2,439
(C) "Agency of the state" includes, but is not limited to, 2,441
an "agency" subject to Chapter 119. of the Revised Code and a 2,442
"state university or college" as defined in section 3345.12 of 2,443
the Revised Code. 2,444
(D) "Waste reduction" means activities that decrease the 2,446
initial production of waste materials at their point of origin. 2,447
(E) "Enterprise" means a business with its principal place 2,449
of business in this state and that proposes to engage in research 2,450
and development or recycling in this state. 2,451
(F) "Research and development" means inquiry, 2,453
experimentation, or demonstration to advance basic scientific or 2,454
technical knowledge or the application, adaptation, or use of 2,455
existing or newly discovered scientific or technical knowledge 2,456
regarding recycling, WASTE REDUCTION, OR LITTER PREVENTION. 2,457
(G) "Recyclables" means waste materials that are 2,459
collected, separated, or processed and used as raw materials or 2,460
products. 2,461
(H) "Recycling market development" means activities that 2,463
stimulate the demand for recycled products, provide for a 2,464
consistent supply of recyclables to meet the needs of recycling 2,465
industries, or both. 2,466
(I) "Solid waste management districts" means solid waste 2,468
management districts established under Chapter 343. of the 2,469
Revised Code. 2,470
Sec. 1502.03. (A) The chief of recycling and litter 2,479
prevention shall establish and implement statewide waste 2,480
reduction, recycling, recycling market development, and litter 2,481
prevention programs that include all of the following: 2,483
(1) The assessment of waste generation within the state 2,485
61
and implementation of waste reduction practices; 2,486
(2) The implementation of recycling and recycling market 2,488
development activities and projects, including all of the 2,489
following;:
(a) Collection of recyclables; 2,491
(b) Separation of recyclables; 2,493
(c) Processing of recyclables; 2,495
(d) Facilitation and encouragement of the use of 2,497
recyclables and products made with recyclables; 2,498
(e) Research and development regarding recycling 2,500
activities and materials or products manufactured with 2,502
recyclables;
(f) Education and training concerning recycling and 2,504
products manufactured with recyclables; 2,506
(g)(f) Public awareness campaigns to promote recycling; 2,508
(h)(g) Other activities and projects that promote 2,510
recycling and recycling market development. 2,512
(3) Litter prevention assistance to enforce antilitter 2,514
laws, educate the public, and stimulate collection and 2,515
containment of litter;
(4) RESEARCH AND DEVELOPMENT REGARDING WASTE REDUCTION, 2,518
RECYCLING, AND LITTER PREVENTION, INCLUDING, WITHOUT LIMITATION, 2,519
RESEARCH AND DEVELOPMENT REGARDING MATERIALS OR PRODUCTS 2,520
MANUFACTURED WITH RECYCLABLES.
(B) The chief, with the approval of the director of 2,522
natural resources, may enter into contracts or other agreements 2,523
and may execute any instruments necessary or incidental to the 2,524
discharge of his THE CHIEF'S responsibilities under this chapter. 2,526
Sec. 1502.04. There is hereby created within the division 2,536
of recycling and litter prevention the recycling and litter 2,537
prevention advisory council consisting of thirteen members. The 2,538
speaker of the house of representatives shall appoint one member 2,539
of the house of representatives to the council, and the president 2,540
of the senate shall appoint one member of the senate to the 2,541
62
council. If the president of the senate belongs to the same
political party as the speaker of the house of representatives, 2,542
the president shall appoint a member of the senate who belongs to 2,543
a different political party as recommended by the minority leader 2,544
of the senate. The speaker of the house of representatives and 2,545
the president of the senate shall make their initial appointments 2,546
to the council within sixty days after the effective date of this 2,547
amendment JULY 20, 1994. Each member appointed by the speaker of 2,548
the house of representatives or the president of the senate shall 2,549
serve for a term of office of three years. The appropriate
appointing authority may fill any vacancy occurring during the 2,550
term of any member whom he THE APPOINTING AUTHORITY has appointed 2,551
to the advisory council. 2,552
The remaining eleven members shall be appointed by the 2,554
governor with the advice and consent of the senate and shall be 2,556
persons with knowledge OF or experience in recycling or litter 2,557
prevention programs. The council shall have broad based 2,558
representation of interests including agriculture, labor, the 2,559
environment, manufacturing, wholesale and retail industry, and 2,560
the public. One of the business members shall be from the 2,561
commercial recycling industry, and another shall be from an 2,562
industry required to pay taxes under section 5733.065 of the
Revised Code. The director of natural resources shall not be a 2,563
member of the council. The governor shall make his initial 2,564
appointments to the council within thirty days after October 20, 2,565
1987. Of his THE GOVERNOR'S initial appointments to the council, 2,567
five shall be for a term of one year and six shall be for a term 2,568
of two years. Thereafter, terms of office shall be for three 2,569
years. Each member appointed by the governor shall hold office 2,570
from the date of his THE MEMBER'S appointment until the end of 2,572
the term for which he THE MEMBER was appointed. In the event of 2,573
death, removal, resignation, or incapacity of a member of the 2,574
council appointed by the governor, the governor, with the advice 2,575
and consent of the senate, shall appoint a successor who shall 2,576
63
hold office for the remainder of the term for which his THE 2,577
SUCCESSOR'S predecessor was appointed. A member shall continue 2,579
in office subsequent to the expiration date of his THE MEMBER'S 2,580
term until his THE MEMBER'S successor takes office, or until a 2,581
period of sixty days has elapsed, whichever occurs first. The 2,582
governor at any time may remove any of his THE GOVERNOR'S 2,583
appointees from the council for misfeasance, nonfeasance, or 2,584
malfeasance in office. 2,585
Members of the council may be reappointed. 2,587
The council shall hold at least four regular quarterly 2,589
meetings each year. Special meetings may be held at the behest 2,590
of the chairperson or a majority of the members. The council 2,591
annually shall select from among its members a chairperson, a 2,592
vice-chairperson, and a secretary to keep a record of its 2,593
proceedings. 2,594
A majority vote of the members of the council is necessary 2,596
to take action in any matter. 2,597
A member of the council shall serve without compensation 2,599
for attending council meetings, but shall be reimbursed for all 2,600
traveling, hotel, and other ordinary and necessary expenses 2,601
incurred in the performance of his THE MEMBER'S work as a member 2,602
of the council.
Membership on the council does not constitute holding a 2,604
public office or position of employment under the laws of this 2,605
state and does not constitute grounds for removal of public 2,606
officers or employees from their offices or positions of 2,607
employment. 2,608
The council shall do all of the following: 2,610
(A) Assist the interagency recycling market development 2,612
workgroup created in section 1502.10 of the Revised Code in 2,613
executing its duties under division (A) of that section; 2,614
(B) In conjunction with the chief of recycling and litter 2,616
prevention and with the approval of the director of natural 2,617
resources, establish criteria by which to certify, and certify, 2,618
64
agencies of the state, municipal corporations with a population 2,619
of more than fifty thousand, counties, and solid waste management 2,620
districts as eligible to receive grants under section 1502.05 of 2,621
the Revised Code;
(C) In conjunction with the chief and with the approval of 2,623
the director, establish criteria by which to certify, and 2,624
certify, political subdivisions for receipt of special grants for 2,625
novel or innovative activities or projects that are intended to 2,627
accomplish the purposes of any of the programs established under 2,628
section 1502.03 of the Revised Code;
(D) Advise the chief in carrying out his THE CHIEF'S 2,630
duties under this chapter. 2,631
Sec. 1502.05. (A) The chief of recycling and litter 2,640
prevention, pursuant to division (B) of section 1502.04 of the 2,641
Revised Code and with the approval of the director of natural 2,642
resources, may make grants from the recycling and litter 2,643
prevention fund created in section 1502.02 of the Revised Code to 2,645
accomplish the purposes of the programs established under section
1502.03 of the Revised Code. 2,646
(B) Except as provided in division (C) of this section, 2,648
the chief, with the approval of the director, may require any 2,649
eligible applicant certified by the recycling and litter 2,650
prevention advisory council under division (B) of section 1502.04 2,651
of the Revised Code that applies for a grant for an activity or
project that is intended to further the purposes of any program 2,652
established under division (A)(1) or (2) of section 1502.03 of 2,653
the Revised Code to provide a matching contribution of not more 2,654
than fifty per cent of the grant.
(C) Notwithstanding division (B) of this section, any 2,656
grant awarded under division (A) of this section to foster 2,657
cooperative research and development regarding recycling or the 2,658
cooperative establishment or expansion of private recycling 2,659
facilities or programs shall be made in conjunction with a 2,660
contribution to the project by a cooperating enterprise that 2,661
65
maintains or proposes to maintain a relevant research and 2,662
development or recycling facility or program in this state or by 2,663
an agency of the state, provided that funding provided by a state 2,664
agency shall not be provided from general revenue funds 2,665
appropriated by the general assembly. No grant made under 2,666
division (A) of this section for the purposes described in this 2,667
division shall exceed the contribution made by the cooperating 2,668
enterprise or state agency. The chief may consider cooperating 2,669
contributions in the form of state of the art new equipment or in 2,670
other forms if the chief determines that the contribution is 2,671
essential to the successful implementation of the project. 2,672
Grants made under division (A) of this section for the 2,674
purposes described in this division shall be made in such form 2,676
and conditioned on such terms as the chief considers to be
appropriate. 2,677
(D)(1) The chief, with the approval of the director, may 2,678
require any eligible applicant certified by the recycling and 2,679
litter prevention advisory council under division (B) of section 2,680
1502.04 of the Revised Code that applies for a grant that is 2,681
intended to further the purposes of the program established under 2,682
division (A)(3) of section 1502.03 of the Revised Code, except 2,683
any eligible applicant that is or is located in a county that has 2,684
a per capita income equal to or below ninety per cent of the 2,685
median county per capita income of the state as determined by the 2,686
chief using the most recently available figures from the United 2,687
States census bureau, to provide a matching contribution as 2,688
follows:
(a) Up to ten per cent of the grant from any eligible 2,690
applicant that is or is located in a county that has a per capita 2,691
income above ninety per cent of the median county per capita 2,692
income of the state, but equal to or below one hundred per cent 2,693
of the median county per capita income of the state; 2,694
(b) Up to twenty per cent of the grant from any eligible 2,696
applicant that is or is located in a county that has a per capita 2,697
66
income above the median county per capita income of the state. 2,698
(2) If the eligible applicant is a joint solid waste 2,700
management district and at least fifty per cent of the counties 2,701
comprising the district have a per capita income equal to or 2,702
below ninety per cent of the median county per capita income of 2,703
the state, the district need not provide a matching contribution 2,704
for a grant under division (D)(1) of this section. If at least 2,705
fifty per cent of the counties comprising the district have a per 2,706
capita income above ninety per cent of the median county per 2,707
capita income of the state, but equal to or below one hundred per 2,708
cent of the median county per capita income of the state, the 2,709
district shall provide a matching contribution in accordance with 2,710
division (D)(1)(a) of this section. If at least fifty per cent 2,711
of the counties comprising the district have a per capita income 2,712
above the median county per capita income of the state, the 2,713
district shall provide a matching contribution in accordance with 2,714
division (D)(1)(b) of this section OR IS FILING A JOINT 2,715
APPLICATION ON BEHALF OF TWO OR MORE COUNTIES, THE MATCHING 2,716
CONTRIBUTION REQUIRED UNDER DIVISION (D)(1) OF THIS SECTION SHALL 2,719
BE THE AVERAGE OF THE MATCHING CONTRIBUTIONS OF ALL OF THE 2,720
COUNTIES COVERED BY THE APPLICATION AS DETERMINED IN ACCORDANCE 2,721
WITH THAT DIVISION. THE MATCHING CONTRIBUTION OF A COUNTY THAT 2,722
HAS A PER CAPITA INCOME EQUAL TO OR BELOW NINETY PER CENT OF THE 2,723
MEDIAN COUNTY PER CAPITA INCOME OF THE STATE SHALL BE INCLUDED AS 2,724
ZERO IN CALCULATING THE AVERAGE MATCHING CONTRIBUTION. 2,725
(E) After receiving notice from the director of 2,727
environmental protection that each county within the state is 2,728
subject to the solid waste management plan of a solid waste 2,729
management district, the chief shall ensure that not less than
fifty per cent of the moneys distributed as grants under this 2,730
section shall be expended for the purposes of recycling and 2,731
recycling market development.
Sec. 1502.99. Whoever violates section 1502.06 1502.07 of 2,740
the Revised Code is guilty of a minor misdemeanor. Each day of 2,742
67
violation constitutes a separate offense.
Sec. 1503.01. The chief of the division of forestry shall 2,751
administer this chapter. 2,752
The chief may adopt, amend, and rescind rules, in 2,754
accordance with Chapter 119. of the Revised Code, for the 2,755
administration, implementation, and enforcement of section 2,756
1503.43 of the Revised Code and for the administration, use, 2,757
visitation, and protection of the state forests, except those 2,758
forests used solely for research purposes by the Ohio 2,759
agricultural research and development center. Copies of the 2,760
rules governing state forests shall be posted in conspicuous 2,761
places in those forests. No person shall violate any rule 2,762
adopted under this section. 2,763
The chief, with the approval of the director of natural 2,765
resources, may enter into an agreement with the United States 2,766
department of agriculture under the "Cooperative Forestry 2,767
Assistance Act of 1978," 92 Stat. 365, 16 U.S.C.A. 2101, as 2,768
amended, for the purpose of receiving and disbursing grants to 2,769
provide forestry and fire protection assistance on public and 2,770
private lands in this state. 2,771
THE CHIEF, WITH THE APPROVAL OF THE DIRECTOR, MAY COLLECT, 2,774
FROM AN OWNER, LESSEE, RENTER, OR OCCUPANT OF PRIVATE LANDS OR 2,775
WATERS, FEES IN AN AMOUNT ESTABLISHED BY RULE ADOPTED UNDER THIS 2,776
SECTION FOR ANY SERVICE OR PRODUCT THAT BENEFITS THE PRIVATE 2,777
LANDS OR WATERS AND IS PROVIDED THROUGH DIVISION PROGRAMS. ALL 2,778
MONEYS RECEIVED FOR SUCH SERVICES OR PRODUCTS SHALL BE PAID INTO 2,779
THE STATE TREASURY TO THE CREDIT OF THE STATE FOREST FUND CREATED 2,780
IN SECTION 1503.05 OF THE REVISED CODE. 2,782
The chief shall employ, subject to the approval of the 2,784
director, SHALL EMPLOY field assistants and such other employees 2,785
as THAT are necessary for the performance of the work prescribed 2,787
by this chapter and for the performance of the other work of the 2,788
division, shall prescribe their duties, and shall fix their 2,789
compensation in accordance with such schedules as THAT are 2,791
68
provided by law for the compensation of state employees. 2,792
All employees of the division, unless specifically exempted 2,794
by law, shall be employed subject to the classified civil service 2,795
laws in force at the time of employment. 2,796
Sec. 1503.05. (A) The chief of the division of forestry 2,805
may sell timber and other forest products from the state forest 2,806
AND STATE FOREST NURSERIES whenever the chief considers such a 2,807
sale desirable and, with the approval of the attorney general and 2,809
the director of natural resources, may sell portions of the state 2,810
forest lands when such a sale is advantageous to the state. 2,811
(B) Except as otherwise provided in this section, a timber 2,813
sale agreement shall not be executed unless the person or 2,814
governmental entity bidding on the sale executes and files a 2,815
surety bond conditioned on completion of the timber sale in 2,816
accordance with the terms of the agreement in an amount equal to 2,817
twenty-five per cent of the highest value cutting section. All 2,818
bonds shall be given in a form prescribed by the chief and shall 2,819
run to the state as obligee. 2,820
The chief shall not approve any bond until it is personally 2,822
signed and acknowledged by both principal and surety, or as to 2,823
either by the attorney in fact thereof, with a certified copy of 2,825
the power of attorney attached. The chief shall not approve the 2,826
bond unless there is attached a certificate of the superintendent 2,827
of insurance that the company is authorized to transact a 2,828
fidelity and surety business in this state. 2,829
In lieu of a bond, the bidder may deposit any of the 2,831
following: 2,832
(1) Cash in an amount equal to the amount of the bond; 2,834
(2) United States government securities having a par value 2,836
equal to or greater than the amount of the bond; 2,837
(3) Negotiable certificates of deposit or irrevocable 2,839
letters of credit issued by any bank organized or transacting 2,840
business in this state, having a par value equal to or greater 2,841
than the amount of the bond. 2,842
69
The cash or securities shall be deposited on the same terms 2,844
as bonds. If one or more certificates of deposit are deposited 2,845
in lieu of a bond, the chief shall require the bank that issued 2,846
any of the certificates to pledge securities of the aggregate 2,847
market value equal to the amount of the certificate or 2,848
certificates that is in excess of the amount insured by the 2,849
federal deposit insurance corporation. The securities to be 2,850
pledged shall be those designated as eligible under section 2,851
135.18 of the Revised Code. The securities shall be security for 2,852
the repayment of the certificate or certificates of deposit. 2,853
Immediately upon a deposit of cash, securities, 2,855
certificates of deposit, or letters of credit, the chief shall 2,856
deliver them to the treasurer of state, who shall hold them in 2,857
trust for the purposes for which they have been deposited. The 2,858
treasurer of state is responsible for the safekeeping of the 2,859
deposits. A bidder making a deposit of cash, securities, 2,860
certificates of deposit, or letters of credit may withdraw and 2,861
receive from the treasurer of state, on the written order of the 2,862
chief, all or any portion of the cash, securities, certificates 2,863
of deposit, or letters of credit upon depositing with the 2,864
treasurer of state cash, other United States government 2,865
securities, or other negotiable certificates of deposit or 2,866
irrevocable letters of credit issued by any bank organized or 2,867
transacting business in this state, equal in par value to the par 2,868
value of the cash, securities, certificates of deposit, or 2,869
letters of credit withdrawn. 2,870
A bidder may demand and receive from the treasurer of state 2,872
all interest or other income from any such securities or 2,873
certificates as it becomes due. If securities so deposited with 2,874
and in the possession of the treasurer of state mature or are 2,875
called for payment by the THEIR issuer thereof, the treasurer of 2,877
state, at the request of the bidder who deposited them, shall 2,878
convert the proceeds of the redemption or payment of the 2,879
securities into such other United States government securities, 2,880
70
negotiable certificates of deposit, or cash as the bidder 2,881
designates.
When the chief finds that a person or governmental agency 2,883
has failed to comply with the conditions of the person's or 2,884
governmental agency's bond, the chief shall make a finding of 2,886
that fact and declare the bond, cash, securities, certificates, 2,887
or letters of credit forfeited. The chief thereupon shall 2,888
certify the total forfeiture to the attorney general, who shall 2,889
proceed to collect the amount of the bond, cash, securities, 2,890
certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may 2,892
cause the timber sale to be completed or pay to the treasurer of 2,893
state the cost thereof. 2,894
All moneys collected as a result of forfeitures of bonds, 2,896
cash, securities, certificates, and letters of credit under this 2,897
section shall be credited to the state forest fund created in 2,898
this section. 2,899
(C) The chief may grant easements and leases on portions 2,901
of the state forest lands AND STATE FOREST NURSERIES under such 2,902
terms as THAT are advantageous to the state, and the chief may 2,904
grant mineral rights on a royalty basis ON THOSE LANDS AND 2,905
NURSERIES, with the approval of the attorney general and the 2,906
director.
(D) All moneys received from the sale of state forest 2,908
lands, or in payment for easements or leases on or as rents from 2,909
those lands OR FROM STATE FOREST NURSERIES, shall be paid into 2,911
the state treasury to the credit of the state forest fund, which 2,913
is hereby created. All moneys received from the sale of standing 2,914
timber taken from the state forest lands shall be deposited into 2,915
the general revenue fund. All moneys received from the sale of 2,916
forest products, other than standing timber, and minerals taken 2,917
from the state forest lands AND STATE FOREST NURSERIES, together 2,919
with royalties from mineral rights, shall be paid into the state 2,920
forest fund.
71
At the time of making such a payment or deposit, the chief 2,922
shall determine the amount and gross value of all such products 2,924
sold or royalties received from lands AND NURSERIES in each 2,926
county, in each township within the county, and in each school
district within the county. Afterward the chief shall send to 2,928
each county treasurer a copy of the determination and shall 2,929
provide for payment to the county treasurer, for the use of the 2,930
general fund of that county from the amount so received as 2,931
provided in this division, an amount equal to eighty per cent of 2,932
the gross value of the products sold or royalties received from 2,933
lands AND NURSERIES located in that county. The county auditor 2,934
shall do all of the following: 2,935
(1) Retain for the use of the general fund of the county 2,937
one-fourth of the amount received by the county under division 2,938
(D) of this section;
(2) Pay into the general fund of any township located 2,941
within the county and containing such lands AND NURSERIES 2,942
one-fourth of the amount received by the county from products 2,944
sold or royalties received from lands AND NURSERIES located in 2,946
the township;
(3) Request the board of education of any school district 2,948
located within the county and containing such lands AND NURSERIES 2,949
to identify which fund or funds of the district should receive 2,951
the moneys available to the school district under division (D)(3) 2,952
of this section. After receiving notice from the board, the 2,953
county auditor shall pay into the fund or funds so identified
one-half of the amount received by the county from products sold 2,954
or royalties received from lands AND NURSERIES located in the 2,955
school district, distributed proportionately as identified by the 2,957
board.
The division of forestry shall not supply logs, lumber, or 2,960
other forest products or minerals, taken from the state forest 2,961
lands OR STATE FOREST NURSERIES, to any other agency or 2,962
subdivision of the state unless payment is made therefor in the 2,963
72
amount of the actual prevailing value thereof. This section is 2,964
applicable to the moneys so received. All moneys received from 2,965
the sale of reforestation tree stock or other revenues derived 2,966
from the operation of the state forests, facilities, or equipment 2,967
shall be paid into the state forest fund. 2,968
The fund shall not be expended for any purpose other than 2,970
the administration, operation, maintenance, development, or 2,971
utilization of the state forests, forest nurseries, and forest 2,972
programs, for facilities or equipment incident thereto TO THEM, 2,973
or for the further purchase of lands for state forest or forest 2,975
nursery purposes. 2,976
Sec. 1503.29. (A) As used in this section, "felony" has 2,987
the same meaning as in section 109.511 of the Revised Code.
(B)(1) Subject to division (D) of this section, any person 2,990
employed by the chief of the division of forestry for 2,991
administrative service in a state forest may be designated by the 2,992
chief and known as a forest officer. A forest officer, on any 2,993
lands or waters owned, controlled, maintained, or administered by 2,994
the department of natural resources AND ON HIGHWAYS, AS DEFINED 2,995
IN SECTION 4511.01 OF THE REVISED CODE, ADJACENT TO LANDS AND 2,996
WATERS OWNED, CONTROLLED, MAINTAINED, OR ADMINISTERED BY THE
DIVISION OF FORESTRY, has the authority vested in police officers 2,998
SPECIFIED under section 2935.03 of the Revised Code FOR PEACE 2,999
OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES to keep the 3,000
peace, to enforce all laws and rules governing those lands and 3,001
waters, and to make arrests for violation of those laws and 3,002
rules, provided that such THE authority shall be exercised on 3,004
lands or waters administered by another division of the 3,005
department only pursuant to an agreement with the chief of that 3,006
division or to a request for assistance by an enforcement officer 3,007
of that division in an emergency.
(2) A forest officer, in or along any watercourse within, 3,009
abutting, or upstream from the boundary of any area administered 3,010
by the department, has the authority to enforce section 3767.32 3,011
73
of the Revised Code and other laws prohibiting the dumping of 3,012
refuse into or along waters and to make arrests for violation of 3,013
those laws. The jurisdiction of forest officers shall be 3,014
concurrent with that of the peace officers of the county, 3,015
township, or municipal corporation in which the violation occurs. 3,016
(3) A forest officer may enter upon private and public 3,018
lands to investigate an alleged violation of, and may enforce, 3,019
this chapter and sections 2909.02, 2909.03, and 2909.06 of the 3,020
Revised Code when the alleged violation or other act pertains to 3,021
forest fires.
(C)(1) A forest officer may render assistance to a state 3,023
or local law enforcement officer at the request of that officer 3,024
or may render assistance to a state or local law enforcement 3,025
officer in the event of an emergency. Forest officers serving 3,026
outside the division of forestry under this section or serving 3,027
under the terms of a mutual aid compact authorized under section 3,028
1501.02 of the Revised Code shall be considered as performing 3,029
services within their regular employment for the purposes of 3,030
compensation, pension or indemnity fund rights, workers' 3,031
compensation, and other rights or benefits to which they may be 3,032
entitled as incidents of their regular employment. 3,033
(2) Forest officers serving outside the division of 3,035
forestry under this section or under a mutual aid compact retain 3,036
personal immunity from civil liability as specified in section 3,037
9.86 of the Revised Code and shall not be considered an employee 3,038
of a political subdivision for purposes of Chapter 2744. of the 3,039
Revised Code. A political subdivision that uses forest officers 3,040
under this section or under the terms of a mutual aid compact 3,041
authorized under section 1501.02 of the Revised Code is not 3,042
subject to civil liability under Chapter 2744. of the Revised 3,043
Code as the result of any action or omission of any forest 3,044
officer acting under this section or under a mutual aid compact. 3,045
(D)(1) The chief of the division of forestry shall not 3,048
designate a person as a forest officer pursuant to division 3,049
74
(B)(1) of this section on a permanent basis, on a temporary 3,050
basis, for a probationary term, or on other than a permanent 3,051
basis if the person previously has been convicted of or has 3,052
pleaded guilty to a felony.
(2)(a) The chief of the division of forestry shall 3,055
terminate the employment as a forest officer of a person
designated as a forest officer under division (B)(1) of this 3,057
section if that person does either of the following:
(i) Pleads guilty to a felony; 3,059
(ii) Pleads guilty to a misdemeanor pursuant to a 3,061
negotiated plea agreement as provided in division (D) of section 3,063
2929.29 of the Revised Code in which the forest officer agrees to 3,066
surrender the certificate awarded to the forest officer under 3,067
section 109.77 of the Revised Code. 3,069
(b) The chief shall suspend from employment as a forest 3,072
officer a person designated as a forest officer under division 3,073
(B)(1) of this section if that person is convicted, after trial, 3,074
of a felony. If the forest officer files an appeal from that 3,075
conviction and the conviction is upheld by the highest court to 3,076
which the appeal is taken or if the forest officer does not file 3,077
a timely appeal, the chief shall terminate the employment of that 3,078
forest officer. If the forest officer files an appeal that 3,079
results in that forest officer's acquittal of the felony or 3,080
conviction of a misdemeanor, or in the dismissal of the felony 3,082
charge against the forest officer, the chief shall reinstate that 3,083
forest officer. A forest officer who is reinstated under 3,084
division (D)(2)(b) of this section shall not receive any back pay 3,085
unless that forest officer's conviction of the felony was 3,087
reversed on appeal, or the felony charge was dismissed, because 3,088
the court found insufficient evidence to convict the forest 3,089
officer of the felony. 3,090
(3) Division (D) of this section does not apply regarding 3,093
an offense that was committed prior to January 1, 1997. 3,094
(4) The suspension from employment, or the termination of 3,096
75
the employment, of a forest officer under division (D)(2) of this 3,097
section shall be in accordance with Chapter 119. of the Revised 3,098
Code.
Sec. 1503.43. (A) As used in this section: 3,107
(1) "Wilderness area" means an A CONTIGUOUS area of 3,109
relatively undeveloped state-owned land ADMINISTERED BY THE 3,110
DIVISION OF FORESTRY AND CONSISTING OF NOT LESS THAN FIVE 3,111
THOUSAND ACRES OR OF SUFFICIENT SIZE AS TO MAKE PRACTICABLE ITS 3,112
PRESERVATION AND USE IN AN UNIMPAIRED CONDITION that either has 3,113
retained its natural character and influence or has been 3,114
substantially restored to a near natural appearance and that 3,115
meets both of the following qualifications: 3,116
(a) The area is one in which man's HUMANKIND'S past 3,118
influences are largely unnoticed; 3,120
(b) The area has outstanding opportunities for solitude or 3,122
for a primitive and unconfined type of recreation. 3,123
(2) "Utility facility" includes, without limitation, 3,125
towers, poles, pipes, sewers, tubing, conduits, conductors, 3,126
cables, valves, lines, wires, manholes, and appurtenances thereto 3,127
owned by a utility facility operator. 3,128
(3) "Utility facility operator" means a person or public 3,130
authority that supplies any of the following materials or 3,131
services by means of a utility facility: 3,132
(a) Flammable, toxic, or corrosive gas; 3,134
(b) Crude oil, petroleum products, or hazardous liquids; 3,136
(c) Coal; 3,138
(d) Electricity; 3,140
(e) Electronic, telephonic, or telegraphic communications; 3,142
(f) Television signals; 3,144
(g) Sewage disposal or drainage; 3,146
(h) Potable water; 3,148
(i) Steam or hot water. 3,150
(B) That portion of contiguous state lands located in 3,152
Scioto and Adams counties and within the Shawnee state forest and 3,153
76
bounded by forest road seventeen and sunshine ridge to the north, 3,154
by upper Twin Creek road to the east and northeast, by United 3,155
States route fifty-two to the south, and by lower Twin Creek road 3,156
to the west and southwest is hereby designated the Shawnee 3,157
wilderness area. Except as otherwise specifically provided by 3,158
this section or by rule adopted under this chapter, the 3,159
provisions of this chapter apply to the Shawnee wilderness area, 3,160
and that area shall continue to be a part of the Shawnee state 3,161
forest. 3,162
(C) The Shawnee wilderness area shall be managed to 3,164
preserve natural conditions and ensure the continuance of natural 3,165
processes. The chief of the division of forestry, with the 3,166
approval of the director of natural resources, shall administer 3,167
the Shawnee wilderness area in accordance with a management plan, 3,168
which he THE CHIEF shall develop and adopt within one year after 3,169
September 14, 1988. Sixty days prior to adopting a plan, the 3,171
chief shall solicit public review and comment on a draft plan. 3,172
At least once every ten years, the chief shall conduct a review 3,173
of the plan, with public input, and revise the plan as 3,174
appropriate. The chief shall make the plan available for review 3,175
by any person upon request.
(D) Notwithstanding any other authority granted to him THE 3,177
CHIEF under this chapter, the chief shall include within the 3,179
management plan adopted by him under division (C) of this section 3,180
prohibitions of the following activities within the Shawnee 3,181
wilderness area except for the areas exempted in division (E) of 3,182
this section: 3,183
(1) Picking, removal, cutting, or alteration in any manner 3,185
of any vegetation unless the person has first HAS obtained 3,186
written consent from the chief for that activity and the action 3,188
is necessary for appropriate public access, the preservation or 3,189
restoration of a plant or wildlife species, or the documentation 3,190
of scientific values; 3,191
(2) Granting of any easement or license, or sale or lease 3,193
77
of any of the land, for any purpose. Division (D)(2) of this 3,194
section does not apply to any private easement or license in 3,195
existence on September 14, 1988. 3,196
(3) Exploration for or extraction of any coal, oil, gas, 3,197
or minerals; 3,198
(4) Operation, construction, or installation of a utility 3,200
facility above or below the surface of the land; 3,201
(5) Operation of a commercial enterprise; 3,203
(6) Except as provided in division (D)(7) of this section, 3,205
construction of a road upon any of the land or use of the land as 3,206
a road; 3,207
(7) Except as is necessary to meet emergency requirements 3,209
for administration of the area: 3,210
(a) Landing of an aircraft; 3,212
(b) Operation of a motor vehicle, motor boat, other form 3,214
of mechanical transport, or motorized equipment; 3,215
(c) Construction of any building or other structure; 3,217
(d) Use of the land as a temporary road. 3,219
(E)(1) The following areas, which now are necessary for 3,221
the administration of the Shawnee state forest and the state 3,222
forest system, are not subject to the prohibitions of division 3,223
(D) of this section: 3,224
(a) The Buena Vista manager's residence; 3,226
(b) The Buena Vista walnut seed orchard; 3,228
(c) The Twin Creek fire tower. 3,230
(2) At any time that the chief makes a determination that 3,232
it is no longer necessary for the administration of the Shawnee 3,233
state forest or the state forest system for an area excluded in 3,234
division (E)(1) of this section to be excluded, the area shall 3,235
become subject to the prohibitions of division (D) of this 3,236
section. 3,237
(F) The chief, in developing a management plan under 3,239
division (C) of this section, may not prohibit any hunting, 3,240
fishing, or trapping that is done in conformity with Chapters 3,241
78
1531. and 1533. of the Revised Code or any rules adopted under 3,242
those chapters.
Sec. 1504.02. (A) The division of real estate and land 3,251
management shall do all of the following: 3,252
(1) Except as otherwise provided in the Revised Code, 3,254
coordinate and conduct all real estate functions for the 3,255
department of natural resources, including at least acquisitions 3,256
by purchase, lease, gift, devise, bequest, appropriation, or 3,257
otherwise; grants through sales, leases, exchanges, easements, 3,258
and licenses; inventories of land; and other related general 3,259
management duties; 3,260
(2) Assist the department and its divisions by providing 3,262
department-wide planning, including at least master planning, 3,263
comprehensive planning, capital improvements planning, and 3,264
special purpose planning such as trails coordination and planning 3,265
under section 1519.03 of the Revised Code; 3,266
(3) On behalf of the director of natural resources, 3,268
administer the coastal management program established under 3,269
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised 3,270
Code and consult with and provide coordination among state 3,271
agencies, political subdivisions, the United States and agencies 3,272
of it, and interstate, regional, and areawide agencies to assist 3,273
the director in executing his THE DIRECTOR'S duties and 3,274
responsibilities under that program and to assist the department 3,276
as the lead agency for the development and implementation of the 3,277
program;
(4) On behalf of the director, administer sections 1506.10 3,279
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code; 3,280
(5) Cooperate with the United States and agencies of it 3,282
and with political subdivisions in administering federal 3,283
recreation moneys under the "Land and Water Conservation Fund Act 3,284
of 1965," 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare 3,285
and distribute the statewide comprehensive outdoor recreation 3,286
plan; and administer the state recreational vehicle fund created 3,287
79
in section 4519.11 of the Revised Code; 3,288
(6)(a) Support the geographic information system needs for 3,290
the department as requested by the director, which shall include, 3,291
but not be limited to, all of the following: 3,292
(i) Assisting in the training and education of department 3,294
resource managers, administrators, and other staff in the 3,295
application and use of general GEOGRAPHIC information system 3,296
technology; 3,297
(ii) Providing technical support to the department in the 3,299
design, preparation of data, and use of appropriate geographic 3,300
information system applications in order to help solve resource 3,301
related problems and to improve the effectiveness and efficiency 3,302
of department delivered services; 3,303
(iii) Creating, maintaining, and documenting spatial 3,305
digital data bases for the division and for other divisions as 3,306
assigned by the director. 3,307
(b) Provide information to and otherwise assist government 3,309
officials, planners, and resource managers in understanding land 3,310
use planning and resource management; 3,311
(c) Provide continuing assistance to local government 3,313
officials and others in natural resource digital data base 3,314
development and in applying and utilizing the geographic 3,315
information system for land use planning, current agricultural 3,316
use, value assessment, development reviews, coastal management, 3,317
and other resource management activities; 3,318
(d) Coordinate and administer the remote sensing needs of 3,320
the department including the collection and analysis of aerial 3,321
photography, satellite data, and other data pertaining to land, 3,322
water, and other resources of the state; 3,323
(e) Prepare and publish maps and digital data relating to 3,325
the state's land use and land cover over time on a local, 3,326
regional, and statewide basis; 3,327
(f) Locate and distribute hard copy maps, digital data, 3,329
aerial photography, and other resource data and information to 3,330
80
government agencies and the public. 3,331
(7) Prepare special studies and execute any other duties, 3,333
functions, and responsibilities requested by the director. 3,334
(B) The division may do any of the following: 3,336
(1) Coordinate such environmental matters concerning the 3,338
department and the state as are necessary to comply with the 3,339
"National Environmental Policy Act of 1969," 83 Stat. 852, 42 3,340
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act 3,341
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water 3,342
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, 3,343
as amended, and regulations adopted under those acts; 3,344
(2) On behalf of the director, administer Chapter 1520. of 3,346
the Revised Code, except divisions (B) to (F) of section 1520.03 3,347
of the Revised Code, division (A) of section 1520.04 of the 3,348
Revised Code as it pertains to those divisions, and section 3,349
1520.05 of the Revised Code; 3,350
(3) Administer any state or federally funded grant program 3,352
that is related to natural resources and recreation as considered 3,353
necessary by the director. 3,354
Sec. 1505.10. The chief of the division of geological 3,363
survey shall prepare and publish for public distribution annual 3,365
reports that shall include all of the following:
(A) A list of the operators of mines, quarries, pits, or 3,367
other mineral resource extraction operations in this state; 3,368
(B) Information on the location of and commodity extracted 3,370
at each operation; 3,371
(C) Information on the employment at each operation; 3,373
(D) Information on the tonnage of coal or other minerals 3,375
extracted at each operation along with the method of extraction; 3,376
(E) Information on the production, use, distribution, 3,378
value, and other facts relative to the mineral resources of the 3,379
state that may be of public interest. 3,380
Each operator engaged in the extraction of minerals shall 3,382
submit an accurate and complete annual report, on or before the 3,384
81
last day of February of JANUARY each year, to the chief of the 3,385
division of geological survey on forms provided by the chief and 3,386
containing the information specified in divisions (A) to (E) of 3,387
this section for the immediately preceding calendar year. The 3,388
chief of the division of mines and reclamation may use all or 3,390
portions of the information collected pursuant to this section in
preparing the annual report required by section 1561.04 of the 3,392
Revised Code.
No person shall fail to comply with this section. 3,394
Sec. 1505.99. (A) Whoever violates section 1505.07 of the 3,403
Revised Code shall be fined not less than one thousand nor more 3,405
than two thousand dollars on a first offense; on each subsequent 3,406
offense, the person shall be fined not less than two thousand nor 3,407
more than five thousand dollars.
(B) Whoever violates section 1505.10 of the Revised Code 3,409
shall be fined not less than one hundred nor more than one 3,410
thousand dollars on a first offense; on each subsequent offense, 3,411
the person shall be fined not less than one thousand nor more 3,412
than two thousand dollars. NOTWITHSTANDING ANY SECTION OF THE 3,414
REVISED CODE RELATING TO THE DISTRIBUTION OR CREDITING OF FINES 3,416
FOR VIOLATIONS OF THE REVISED CODE, ALL FINES IMPOSED UNDER THIS 3,419
DIVISION SHALL BE PAID INTO THE GEOLOGICAL MAPPING FUND CREATED 3,420
IN SECTION 1505.09 OF THE REVISED CODE. 3,422
Sec. 1506.02. (A) The department of natural resources is 3,431
hereby designated the lead agency for the development and 3,432
implementation of a coastal management program. The director of 3,433
natural resources: 3,434
(1) Shall develop and adopt the coastal management program 3,436
document no later than December 31, 1994. The director shall 3,437
cooperate and coordinate with other agencies of the state and its 3,439
political subdivisions in the development of the document. 3,440
Before adopting the document, the director shall hold four public 3,441
hearings on it in the coastal area, and may hold additional 3,442
public meetings, to give the public the opportunity to make 3,443
82
comments and recommendations concerning its terms. The director 3,444
shall consider the public comments and recommendations before 3,445
adopting the document. The director may amend the coastal 3,446
management program document, provided that, prior to making 3,447
changes in it, the director notifies by mail those persons who 3,448
submitted comments and recommendations concerning the original 3,450
document and appropriate agencies of the state and its political 3,451
subdivisions. The director may hold at least one public hearing 3,452
on the proposed changes. 3,453
(2) Shall administer the coastal management program in 3,455
accordance with the coastal management program document, this 3,456
chapter, and rules adopted under it; 3,457
(3) Shall adopt and may amend or rescind rules under 3,459
Chapter 119. of the Revised Code for the implementation, 3,460
administration, and enforcement of the coastal management program 3,461
and the other provisions of this chapter. Before the adoption, 3,462
amendment, or rescission of rules under this division (A)(3) OF 3,464
THIS SECTION, the director shall do all of the following: 3,465
(a) Maintain a list of interested public and private 3,467
organizations and mail notice to those organizations of any 3,468
proposed rule or amendment to or rescission of a rule at least 3,469
thirty days before any public hearing on the proposal; 3,470
(b) Mail a copy of each proposed rule, amendment, or 3,472
rescission to any person who requests a copy within five days 3,473
after receipt of the request; 3,474
(c) Consult with appropriate statewide organizations and 3,476
units of local government that would be affected by the proposed 3,478
rule, amendment, or rescission. Although 3,479
ALTHOUGH the director is expected to discharge these duties 3,481
diligently, failure to mail any notice or copy or to so consult 3,482
with any person is not jurisdictional and shall not be construed 3,483
to invalidate any proceeding or action of the director. 3,484
(4) Shall provide for consultation and coordination 3,486
between and among state agencies, political subdivisions of the 3,487
83
state, and interstate, regional, areawide, and federal agencies 3,488
in carrying out the purposes of the coastal management program 3,489
and the other provisions of this chapter; 3,490
(5) Shall, to the extent practicable and consistent with 3,492
the protection of coastal area resources, coordinate the rules 3,493
and policies of the department of natural resources with the 3,494
rules and policies of other state and federal agencies to 3,495
simplify and consolidate the regulation of activities along the 3,496
Lake Erie shoreline; 3,497
(6) May, to accomplish the purposes of the coastal 3,499
management program and the other provisions of this chapter, 3,500
contract with any person and may accept and expend gifts, 3,501
bequests, and grants of money or property from any person. 3,502
(B) Every agency of the state, upon request of the 3,504
director, shall cooperate with the department of natural 3,505
resources in the implementation of the coastal management 3,506
program.
(C) The director shall establish a coastal management 3,508
assistance grant program. Grants may be awarded from federal 3,509
funds received for that purpose and from such other funds as may 3,510
be provided by law to any municipal corporation, county, 3,511
township, park district created under section 511.18 or 1545.04 3,512
of the Revised Code, conservancy district established under 3,513
Chapter 6101. of the Revised Code, port authority, other 3,514
political subdivision, state agency, educational institution, or 3,515
nonprofit corporation that is located in whole or in part in the 3,516
coastal area to help implement, administer, or enforce any aspect 3,517
of the coastal management program. Grants may be used for any of 3,518
the following purposes: 3,519
(1) Feasibility studies and engineering reports for 3,521
projects that are consistent with the policies in the coastal 3,522
management program document; 3,523
(2) The protection and preservation of wetlands, beaches, 3,525
fish and wildlife habitats, minerals, natural areas, prime 3,526
84
agricultural land, endangered plant and animal species, or other 3,527
significant natural coastal resources; 3,528
(3) The management of shoreline development to prevent 3,530
loss of life and property in coastal flood hazard areas and 3,531
coastal erosion areas, to set priorities for water-dependent 3,533
energy, commercial, industrial, agricultural, and recreational 3,534
uses, or to identify environmentally acceptable sites for dredge 3,535
spoil disposal; 3,536
(4) Increasing public access to Lake Erie and other public 3,538
places in the coastal area; 3,539
(5) The protection and preservation of historical, 3,541
cultural, or aesthetic coastal resources; 3,542
(6) Improving the predictability and efficiency of 3,544
governmental decision making related to coastal area management; 3,545
(7) Adopting, administering, and enforcing zoning 3,547
ordinances or resolutions relating to coastal flood hazard areas 3,548
or coastal erosion areas; 3,549
(8) The redevelopment of deteriorating and underutilized 3,551
waterfronts and ports; 3,552
(9) Other purposes approved by the director. 3,554
Sec. 1506.11. (A) "Territory," as used in this section, 3,563
means the waters and the lands presently underlying the waters of 3,564
Lake Erie and the lands formerly underlying the waters of Lake 3,565
Erie and now artificially filled, between the natural shoreline 3,566
and the international boundary line with Canada. 3,567
(B) Whenever the state, acting through the director of 3,569
natural resources, upon application of any person who wants to 3,571
develop or improve part of the territory, and after notice THAT 3,572
THE DIRECTOR, AT THE DIRECTOR'S DISCRETION, MAY GIVE as provided 3,573
in this section, determines that any part of the territory can be 3,574
developed and improved or the waters thereof used as specified in 3,575
the application without impairment of the public right of 3,576
navigation, water commerce, and fishery, a lease of all or any 3,577
part of the state's interest therein may be entered into with the 3,578
85
applicant, or a permit may be issued for that purpose, subject to 3,579
the powers of the United States government and in accordance with 3,580
rules adopted by the director in accordance with Chapter 119. of 3,581
the Revised Code, and without prejudice to the littoral rights of 3,582
any owner of land fronting on Lake Erie, provided that the 3,583
legislative authority of the municipal corporation within which 3,584
any such part of the territory is located, if the municipal 3,585
corporation is not within the jurisdiction of a port authority, 3,586
or the county commissioners of the county within which such part 3,587
of the territory is located, excluding any territory within a 3,588
municipal corporation or under the jurisdiction of a port 3,589
authority, or the board of directors of a port authority with 3,590
respect to such part of the territory included in the 3,591
jurisdiction of the port authority, has enacted an ordinance or 3,592
resolution finding and determining that such part of the 3,593
territory, described by metes and bounds OR BY AN ALTERNATE 3,594
DESCRIPTION REFERENCED TO THE APPLICANT'S UPLAND PROPERTY 3,595
DESCRIPTION THAT IS CONSIDERED ADEQUATE BY THE DIRECTOR, is not 3,596
necessary or required for the construction, maintenance, or 3,597
operation by the municipal corporation, county, or port authority 3,598
of breakwaters, piers, docks, wharves, bulkheads, connecting 3,599
ways, water terminal facilities, and improvements and marginal 3,600
highways in aid of navigation and water commerce and that the 3,601
land uses specified in the application comply with regulation of 3,602
permissible land use under a waterfront plan of the local 3,603
authority.
(C) Upon the filing of the application with the director, 3,606
the director may hold a public hearing thereon and shall MAY 3,607
cause written notice of the filing to be given to any municipal 3,609
corporation, county, or port authority, as the case may be, in 3,610
which such part of the territory is located and also shall cause 3,611
public notice of the filing to be given by advertisement in a 3,613
newspaper of general circulation within the locality where such 3,614
part of the territory is located. If a hearing is to be held, 3,615
86
public notice of the filing may be combined with public notice of 3,616
the hearing and shall be given once a week for four consecutive 3,617
weeks prior to the date of the initial hearing. All hearings 3,618
shall be before the director and shall be open to the public, and 3,619
a record shall be made of the proceeding. Parties thereto are 3,620
entitled to be heard and to be represented by counsel. The 3,621
findings and order of the director shall be in writing. All 3,622
costs of the hearings, including publication costs, shall be paid 3,623
by the applicant. The director also may hold public meetings on 3,624
the filing of an application. 3,625
If the director finds that a lease may properly be entered 3,627
into with the applicant or a permit may properly be issued to the 3,628
applicant, the director shall determine the consideration to be 3,630
paid by the applicant, which consideration shall exclude the 3,631
value of the littoral rights of the owner of land fronting on 3,632
Lake Erie and improvements made or paid for by the owner of land 3,633
fronting on Lake Erie or that owner's predecessors in title. The 3,635
lease or permit may be for such periods of time as the director 3,636
determines. The rentals received under the terms of such a lease 3,637
or permit shall be paid into the state treasury to the credit of 3,638
the Lake Erie submerged lands fund, which is hereby created, and 3,639
shall be distributed from that fund as follows: 3,640
(1) Fifty per cent of each rental shall be paid to the 3,642
department of natural resources for the administration of this 3,643
section and section 1506.10 of the Revised Code and for the 3,644
coastal management assistance grant program required to be 3,645
established under division (C) of section 1506.02 of the Revised 3,646
Code; 3,647
(2) Fifty per cent of each rental shall be paid to the 3,649
municipal corporation, county, or port authority making the 3,650
finding provided for in this section. 3,651
All leases and permits shall be executed in the manner 3,653
provided by section 5501.01 of the Revised Code and shall 3,654
contain, in addition to the provisions required in this section, 3,655
87
a reservation to the state of all mineral rights and a provision 3,656
that the removal of any minerals shall be conducted in such 3,657
manner as not to damage any improvements placed by the littoral 3,658
owner, lessee, or permit holder on the lands. No lease or permit 3,659
of the lands defined in this section shall express or imply any 3,660
control of fisheries or aquatic wildlife now vested in the 3,661
division of wildlife of the department. 3,662
(D) Upland owners who, prior to October 13, 1955, have 3,664
erected, developed, or maintained structures, facilities, 3,665
buildings, or improvements or made use of waters in the part of 3,666
the territory in front of those uplands shall be granted a lease 3,667
or permit by the state upon the presentation of a certification 3,668
by the chief executive of a municipal corporation, resolution of 3,669
the board of county commissioners, or resolution of the board of 3,670
directors of the port authority establishing that the structures, 3,671
facilities, buildings, improvements, or uses do not constitute an 3,672
unlawful encroachment on navigation and water commerce. The 3,673
lease or permit shall specifically enumerate the structures, 3,674
facilities, buildings, improvements, or uses so included. 3,675
(E) Persons having secured a lease or permit under this 3,677
section are entitled to just compensation for the taking, whether 3,678
for navigation, water commerce, or otherwise, by any governmental 3,679
authority having the power of eminent domain, of structures, 3,680
facilities, buildings, improvements, or uses erected or placed 3,681
upon the territory pursuant to the lease or permit or the 3,682
littoral rights of the person and for the taking of the leasehold 3,683
and the littoral rights of the person pursuant to the procedure 3,684
provided in Chapter 163. of the Revised Code. The compensation 3,685
shall not include any compensation for the site in the territory 3,686
except to the extent of any interest in the site theretofore 3,687
acquired by the person under this section or by prior acts of the 3,688
general assembly or grants from the United States government. 3,689
The failure of any person to apply for or obtain a lease or 3,690
permit under this section does not prejudice any right the person 3,691
88
may have to compensation for a taking of littoral rights or of 3,692
improvements made in accordance with a lease, a permit, or 3,693
littoral rights. 3,694
(F) If any taxes or assessments are levied or assessed 3,696
upon property that is the subject of a lease or permit under this 3,697
section, the taxes or assessments are the obligation of the 3,698
lessee or permit holder. 3,699
(G) If a lease or permit secured under this section 3,701
requires the lessee or permit holder to obtain the approval of 3,702
the department or any of its divisions for any changes in 3,704
structures, facilities, or buildings, for any improvements, or 3,705
for any changes or expansion in uses, no lessee or permit holder 3,706
shall change any structures, facilities, or buildings, make any 3,707
improvements, or expand or change any uses unless the director 3,708
first determines that the proposed action will not adversely 3,709
affect any current or prospective exercise of the public right of 3,710
recreation in the territory and in the state's reversionary 3,711
interest in any territory leased or permitted under this section. 3,712
Proposed changes or improvements shall be deemed to 3,714
"adversely affect" the public right of recreation if the changes 3,715
or improvements cause or will cause any significant demonstrable 3,716
negative impact upon any present or prospective recreational use 3,717
of the territory by the public during the term of the lease or 3,718
permit or any renewals and of any public recreational use of the 3,719
leased or permitted premises in which the state has a 3,720
reversionary interest. 3,721
Sec. 1507.05. All moneys derived from the granting of 3,730
permits and leases under section 1505.07 of the Revised Code for 3,731
the removal of sand, gravel, stone, gas, oil, and other minerals 3,732
and substances from and under the bed of Lake Erie and from 3,733
applications for construction permits submitted under section 3,734
1507.04 of the Revised Code shall be paid into the state treasury 3,735
to the credit of the permit and lease fund, which is hereby 3,736
created. Notwithstanding any section of the Revised Code 3,737
89
relating to the distribution or crediting of fines for violations 3,738
of the Revised Code, all fines imposed under sections DIVISION 3,739
(A) OF SECTION 1505.99 and SECTION 1507.99 of the Revised Code 3,741
shall be paid into that fund. The fund shall be administered by 3,742
the department of natural resources for the protection of Lake 3,743
Erie shores and waters; investigation and prevention of erosion; 3,744
the planning, development, and construction of facilities for 3,745
recreational use of Lake Erie; implementation of section 1507.04 3,746
of the Revised Code; preparation of the state shore erosion plan 3,747
under section 1507.10 of the Revised Code; and state 3,749
administration of Lake Erie coastal erosion areas under sections 3,750
1506.06 and 1506.07 of the Revised Code.
Sec. 1509.01. As used in this chapter: 3,759
(A) "Well" means any borehole, whether drilled or bored, 3,761
within the state, for production, extraction, or injection of any 3,762
gas or liquid mineral, excluding potable water to be used as 3,763
such, but including natural or artificial brines and oil field 3,764
waters. 3,765
(B) "Oil" means crude petroleum oil and all other 3,767
hydrocarbons, regardless of gravity, that are produced in liquid 3,768
form by ordinary production methods, but does not include 3,769
hydrocarbons that were originally in a gaseous phase in the 3,770
reservoir. 3,771
(C) "Gas" means all natural gas and all other fluid 3,773
hydrocarbons THAT ARE not defined above as oil, including 3,774
condensate. 3,775
(D) "Condensate" means liquid hydrocarbons that were 3,777
originally in the gaseous phase in the reservoir. 3,778
(E) "Pool" means an underground reservoir containing a 3,780
common accumulation of oil or gas, or both, but does not include 3,781
a gas storage reservoir. Each zone of a geological structure 3,782
that is completely separated from any other zone in the same 3,783
structure may contain a separate pool. 3,784
(F) "Field" means the general area underlaid by one or 3,786
90
more pools. 3,787
(G) "Drilling unit" means the minimum acreage on which one 3,789
well may be drilled, but does not apply to a well for injecting 3,790
gas into or removing gas from a gas storage reservoir. 3,791
(H) "Waste" includes ALL OF THE FOLLOWING: 3,793
(1) Physical waste, as such THAT term is generally IS 3,796
understood in the oil and gas industry; 3,797
(2) Inefficient, excessive, or improper use, or the 3,799
unnecessary dissipation of, OF reservoir energy; 3,800
(3) Inefficient storing of oil or gas; 3,802
(4) Locating, drilling, equipping, operating, or producing 3,804
an oil or gas well in a manner that reduces or tends to reduce 3,805
the quantity of oil or gas ultimately recoverable under prudent 3,806
and proper operations from the pool into which it is drilled, or 3,807
that causes or tends to cause unnecessary or excessive surface 3,808
loss or destruction of oil or gas; 3,809
(5) Other underground or surface waste in the production 3,811
or storage of oil, gas, or condensate, however caused. 3,812
(I) "Correlative rights" means the reasonable opportunity 3,814
to every person entitled thereto to recover and receive the oil 3,815
and gas in and under his THE PERSON'S tract or tracts, or the 3,816
equivalent thereof, without having to drill unnecessary wells or 3,818
incur other unnecessary expense. 3,819
(J) "Tract" means a single, individually taxed parcel of 3,821
land appearing on the tax list. 3,822
(K) "Owner," unless referring to a mine, means the person 3,824
who has the right to drill on a tract or drilling unit and, to 3,825
drill into and produce from a pool, and to appropriate the oil or 3,826
gas that he produces PRODUCED therefrom either for himself THE 3,828
PERSON or for others, except that a person ceases to be an owner 3,829
with respect to a well when the well has been plugged in 3,830
accordance with applicable rules adopted and orders issued under 3,831
this chapter.
(L) "Royalty interest" means the fee holder's interest 3,833
91
SHARE in the production from a well, usually one-eighth of the 3,834
gross production. 3,835
(M) "Discovery well" means the first well capable of 3,837
producing oil or gas in commercial quantities from a pool. 3,838
(N) "Prepared clay" means a clay which THAT is plastic and 3,840
is thoroughly saturated with fresh water to a weight and 3,841
consistency great enough to settle through saltwater in the well 3,842
in which it is to be used, except as otherwise approved by the 3,843
chief of the division of oil and gas. 3,844
(O) "Rock sediment" means the combined cutting and residue 3,846
from drilling sedimentary rocks and formation. 3,847
(P) "Excavations and workings," "mine," and "pillar" have 3,849
the meaning set forth SAME MEANINGS AS in section 1561.01 of the 3,850
Revised Code. 3,851
(Q) "Coal bearing township" means a township designated as 3,853
such by the chief of the division of mines and reclamation under 3,854
section 1561.06 of the Revised Code. 3,855
(R) "Gas storage reservoir" means a continuous area of a 3,857
subterranean porous sand or rock stratum or strata into which gas 3,858
is or may be injected for the purpose of storing it therein and 3,859
removing it therefrom, and includes a gas storage reservoir as 3,860
defined in division (A) of section 1571.01 of the Revised Code. 3,862
(S) "Safe Drinking Water Act" means the "Safe Drinking 3,864
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), and any 3,865
amendments thereto AS AMENDED BY THE "SAFE DRINKING WATER 3,868
AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C.A. 300(f), THE "SAFE 3,870
DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42 3,872
U.S.C.A. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF 3,874
1996," 110 STAT. 1613, 42 U.S.C.A. 300(f), AND REGULATIONS 3,877
ADOPTED UNDER THOSE ACTS. 3,878
(T) "Person" includes any political subdivision, 3,880
department, agency, or instrumentality of this state; the United 3,881
States and any department, agency, or instrumentality thereof; 3,882
and any legal entity defined as a person under section 1.59 of 3,883
92
the Revised Code. 3,884
(U) "Brine" means all saline geological formation water 3,886
resulting FROM, obtained FROM, or produced in connection with the 3,888
exploration, drilling, or production of oil or gas. 3,889
(V) "Waters of the state" means all streams, lakes, ponds, 3,891
marshes, watercourses, waterways, springs, irrigation systems, 3,892
drainage systems, and other bodies of water, surface or 3,893
underground, natural or artificial, that are situated wholly or 3,894
partially within this state or within its jurisdiction, except 3,895
those private waters that do not combine or effect a junction 3,896
with natural surface or underground waters. 3,897
(W) "Exempt Mississippian well" means a well that meets 3,899
all of the following criteria: 3,900
(1) Was drilled and completed before January 1, 1980; 3,902
(2) Is located in an unglaciated part of the state; 3,904
(3) Was completed in a reservoir no deeper than the 3,906
Mississippian Big Injun sandstone in areas underlain by 3,907
Pennsylvanian or Permian stratigraphy, or the Mississippian berea 3,908
sandstone in areas directly underlain by Permian stratigraphy; 3,909
and 3,910
(4) Is used primarily to provide oil or gas for domestic 3,912
use. 3,913
(X) "Exempt domestic well" means a well that meets all of 3,915
the following criteria: 3,916
(1) Is owned by the owner of the surface estate of the 3,918
tract on which the well is located; 3,919
(2) Is used primarily to provide gas for the owner's 3,921
domestic use; 3,922
(3) Is located more than two hundred feet horizontal 3,924
distance from any inhabited private dwelling house, other than an 3,925
inhabited private dwelling house located on the tract on which 3,926
the well is located; 3,927
(4) Is located more than two hundred feet horizontal 3,929
distance from any public building that may be used as a place of 3,930
93
resort, assembly, education, entertainment, lodging, trade, 3,931
manufacture, repair, storage, traffic, or occupancy by the 3,932
public. 3,933
Sec. 1509.06. An application for a permit to drill a new 3,943
well, drill an existing well deeper, reopen a well, convert a 3,944
well to any use other than its original purpose, or plug back a 3,945
well to a different source of supply shall be filed with the 3,946
chief of the division of oil and gas upon such form as the chief 3,947
prescribes and shall contain each of the following that is 3,948
applicable:
(A) The name and address of the owner and, if a 3,950
corporation, the name and address of the statutory agent; 3,951
(B) The signature of the owner or his THE OWNER'S 3,953
authorized agent. When an authorized agent signs an application, 3,955
it shall be accompanied by a certified copy of his THE 3,956
appointment as such agent. 3,957
(C) The names and addresses of all persons holding the 3,959
royalty interest in the tract upon which the well is located or 3,960
is to be drilled or within a proposed drilling unit; 3,961
(D) The location of the tract or drilling unit on which 3,963
the well is located or is to be drilled identified by section or 3,964
lot number, city, village, township, and county; 3,965
(E) Designation of the well by name and number; 3,967
(F) The geological formation to be tested or used and the 3,969
proposed total depth of the well; 3,970
(G) The type of drilling equipment to be used; 3,972
(H) The name and address of the corporate surety and the 3,974
identifying number of the bond; 3,975
(I) The plan for the storage and disposal of brine and 3,977
other waste substances resulting from, obtained from, or produced 3,978
in connection with exploration, drilling, or production of oil or 3,979
gas. The plan shall provide for compliance with sections 1509.22 3,980
to 1509.226 of the Revised Code. 3,981
(J) If the well is for the injection of a liquid, identity 3,983
94
of the geological formation to be used as the injection zone and 3,984
the composition of the liquid to be injected; 3,985
(K)(I) A sworn statement that all requirements of any 3,987
municipal corporation, county, or township having jurisdiction 3,988
over any activity related to the drilling or operation of an oil 3,989
or gas well that have been filed with the division of oil and gas 3,990
and are in effect at the time the application is filed, 3,991
including, but not limited to, zoning ordinances and resolutions 3,992
and the requirements of section 4513.34 of the Revised Code, will 3,993
be complied with until abandonment of the well; 3,994
(L)(J) A plan for restoration of the land surface 3,996
disturbed by drilling operations. The plan shall provide for 3,997
compliance with the restoration requirements of division (A) of 3,998
section 1509.072 of the Revised Code and any rules adopted by the 3,999
chief pertaining to that restoration. 4,000
(M)(K) A description by name or number of the county, 4,002
township, and municipal corporation roads, streets, and highways 4,003
that the applicant anticipates will be used for access to and 4,004
egress from the well site; 4,005
(N)(L) Such other relevant information as the chief 4,007
prescribes by rule. 4,008
Each application shall be accompanied by a map, on a scale 4,010
not smaller than four hundred feet to the inch, prepared by an 4,011
Ohio registered surveyor, showing the location of the well and 4,012
containing such other data as may be prescribed by the chief. If 4,013
the well is or is to be located within the excavations and 4,014
workings of a mine, the map also shall include the location of 4,015
the mine, the name of the mine, and the name of the person 4,016
operating the mine. 4,017
The chief shall cause a copy of the weekly circular 4,019
prepared by the division of oil and gas to be provided to the 4,020
county engineer of each county that contains active or proposed 4,021
drilling activity. The weekly circular shall contain, in the 4,022
manner prescribed by the chief, the names of all applicants for 4,023
95
permits, the location of each well or proposed well, the 4,024
information required by division (M)(K) of this section, and any 4,026
additional information the chief prescribes. 4,027
The chief shall not issue a permit for at least ten days 4,030
after the date of filing of the application for the permit 4,031
unless, upon reasonable cause shown, he THE CHIEF waives that 4,032
period or a request for expedited review is filed under this 4,034
section. However, the chief shall issue a permit within 4,035
twenty-one days of the filing of the application unless he THE 4,036
CHIEF denies the application by order.
An applicant may file a request with the chief for 4,038
expedited review of his A permit application if the well is not 4,039
or is not to be located in a gas storage reservoir or reservoir 4,041
protective area, as "reservoir protective area" is defined in 4,042
section 1571.01 of the Revised Code. If the well is or is to be 4,043
located in a coal bearing township, the application shall be 4,044
accompanied by the affidavit of the landowner prescribed in 4,045
section 1509.08 of the Revised Code. On the first business day 4,046
of each week, the chief shall issue a policy memorandum 4,048
indicating the number of requests for expedited review that he 4,049
will accept for review during the week immediately following the 4,050
week in which the policy memorandum is issued. The chief shall 4,051
make each policy memorandum available to the public. 4,052
In addition to a complete application for a permit that 4,054
meets the requirements of this section and the permit fee 4,055
prescribed by this section, a request for expedited review shall 4,056
be accompanied by a separate nonrefundable filing fee of five 4,058
hundred dollars. Upon the filing of a request for expedited 4,059
review, the chief shall cause the chief of the division of mines
and reclamation and the county engineer of the county in which 4,060
the well is or is to be located to be notified of the filing of 4,061
the permit application and the request for expedited review by 4,062
telephone or such other means as THAT in the judgment of the 4,063
chief would WILL provide timely notice of the application and 4,065
96
request. When a request for expedited review is filed, the chief 4,066
immediately shall begin to process the application, but shall not 4,067
issue the permit for at least five days after the date of the 4,068
filing of the request. The chief shall issue a permit within 4,069
seven days of the filing of the request unless he THE CHIEF 4,070
denies the application by order. Notwithstanding the provisions 4,071
of this section governing expedited review of permit 4,072
applications, the chief may refuse to accept requests for 4,073
expedited review if, in his THE CHIEF'S judgment, the acceptance 4,075
of the requests would prevent the issuance, within twenty-one 4,076
days of their filing, of permits for which applications are 4,077
pending.
A well shall be drilled and operated in accordance with the 4,079
plans, sworn statements, and other information submitted in the 4,080
approved application. 4,081
The chief shall issue an order denying a permit if the 4,083
chief finds that there is a substantial risk that the operation 4,084
will result in violations of this chapter or rules adopted 4,085
thereunder UNDER IT that will present an imminent danger to 4,086
public health or safety or damage to the environment, provided 4,088
that where the chief finds that terms or conditions to the permit 4,089
can reasonably be expected to prevent such violations, the chief 4,090
shall issue the permit subject to those terms or conditions. 4,091
Each application for a permit required by section 1509.05 4,093
of the Revised Code, except an application for a well drilled or 4,094
reopened for purposes of section 1509.22 of the Revised Code, 4,095
also shall be accompanied by a nonrefundable fee of two hundred 4,096
fifty dollars. 4,097
The chief may order the immediate suspension of drilling, 4,099
operating, or plugging activities if he finds AFTER FINDING THAT 4,100
any person is causing, engaging in, or maintaining a condition or 4,102
activity which THAT in his THE CHIEF'S judgment presents an 4,103
imminent danger to public health or safety or results in or is 4,106
likely to result in immediate substantial damage to natural 4,107
97
resources or for nonpayment of the fee required by this section. 4,108
The chief may order the immediate suspension of the drilling or 4,109
reopening of a well if he is AFTER BEING so requested by the 4,110
chief of the division of mines and reclamation under section 4,112
1509.08 of the Revised Code. Before issuing any such order, the 4,113
chief shall notify the owner in such manner as in the chief's 4,114
judgment would provide reasonable notification that he THE CHIEF 4,115
intends to issue a suspension order. The chief may issue such an 4,117
order without prior notification if reasonable attempts to notify 4,118
the owner have failed, but in such an event notification shall be 4,119
given as soon thereafter as practical. Within five calendar days 4,120
after the issuance of the order, the chief shall provide the 4,121
owner an opportunity to be heard and to present evidence that the 4,122
condition or activity is not likely to result in immediate 4,123
substantial damage to natural resources or does not present an 4,124
imminent danger to public health or safety. Notwithstanding any 4,125
provision of this chapter, the owner may appeal the order 4,126
directly to the court of common pleas of the county in which the 4,127
activity is located.
Sec. 1509.07. An owner of any well, except an exempt 4,137
Mississippian well or an exempt domestic well, shall file with 4,138
the division of oil and gas a certificate issued by an insurance 4,139
company authorized to do business in this state certifying that 4,140
the owner has in force OBTAIN liability insurance coverage FROM A 4,142
COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE in an amount of 4,143
not less than three hundred thousand dollars bodily injury
coverage and three hundred thousand dollars property damage 4,144
coverage to pay damages for injury to persons or damage to 4,145
property caused by the drilling, operation, or plugging of all 4,146
the owner's wells in this state. The owner shall maintain that 4,147
coverage until all his THE OWNER'S wells are plugged and 4,148
abandoned as required by law. The policy or policies providing 4,149
that coverage OWNER shall require the PROVIDE PROOF OF LIABILITY 4,151
insurance company to give notice COVERAGE to the chief of the 4,153
98
division of oil and gas if the policy or policies lapse for any
reason UPON REQUEST. Upon any such termination of coverage 4,155
FAILURE OF THE OWNER TO PROVIDE THAT PROOF WHEN REQUESTED, the 4,156
chief may order the suspension of any outstanding permits and 4,157
operations of the owner until the owner obtains PROVIDES PROOF OF 4,158
the required insurance coverage.
An EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN owner 4,160
of any well, before being issued a permit under section 1509.06 4,162
of the Revised Code, shall execute and file with the division OF 4,163
OIL AND GAS a surety bond conditioned on compliance with the 4,164
restoration requirements of section 1509.072, THE plugging 4,165
requirements of section 1509.12, THE permit provisions of section 4,166
1509.13 of the Revised Code, and all rules and orders of the 4,167
chief relating thereto, in an amount set by rule of the chief. 4,168
The owner may deposit with the chief, instead of a surety 4,170
bond, cash in an amount equal to the surety bond as prescribed in 4,171
PURSUANT TO this section or negotiable certificates of deposit or 4,172
irrevocable letters of credit, issued by any bank organized or 4,175
transacting business in this state or by any savings and loan 4,176
association as defined in section 1151.01 of the Revised Code, 4,177
having a cash value equal to or greater than the amount of the 4,178
surety bond as prescribed in PURSUANT TO this section. Cash or 4,179
certificates of deposit shall be deposited upon the same terms as 4,181
those upon which surety bonds may be deposited. If certificates 4,182
of deposit are deposited with the chief instead of a surety bond, 4,183
he THE CHIEF shall require the bank or savings and loan 4,185
association that issued any such certificate to pledge securities 4,186
of a cash value equal to the amount of the certificate that is in 4,187
excess of the amount insured by any of the agencies and 4,188
instrumentalities created under the "Federal Deposit Insurance 4,189
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and 4,190
regulations adopted under it, including at least the federal 4,191
deposit insurance corporation, bank insurance fund, and savings 4,192
association insurance fund. The securities shall be security for 4,193
99
the repayment of the certificate of deposit. 4,194
Immediately upon a deposit of cash, certificates of 4,197
deposit, or letters of credit with the chief, he THE CHIEF shall 4,198
deliver them to the treasurer of state who shall hold them in 4,199
trust for the purposes for which they have been deposited. 4,200
Instead of a surety bond, the chief may accept proof of 4,202
financial responsibility consisting of a sworn financial 4,203
statement showing a net financial worth within this state equal 4,204
to twice the amount of the bond for which it substitutes and, as 4,205
may be required by the chief, a list of producing properties of 4,206
the owner within this state or such other evidence showing 4,207
ability and intent to comply with the law and rules concerning 4,208
restoration and plugging as THAT may be required by rule of the 4,209
chief. THE OWNER OF AN EXEMPT DOMESTIC OR EXEMPT MISSISSIPPIAN 4,210
WELL IS NOT REQUIRED TO FILE SCHEDULED UPDATES OF THE FINANCIAL 4,211
DOCUMENTS, BUT SHALL FILE UPDATES OF THOSE DOCUMENTS IF REQUESTED 4,212
TO DO SO BY THE CHIEF. THE OWNER OF A NONEXEMPT DOMESTIC OR 4,213
NONEXEMPT MISSISSIPPIAN WELL SHALL FILE UPDATES OF THE FINANCIAL 4,214
DOCUMENTS IN ACCORDANCE WITH A SCHEDULE ESTABLISHED BY RULE OF 4,215
THE CHIEF. The chief may require at any time updating of the 4,216
documents filed and, upon determining that an owner for whom the 4,217
chief has accepted proof of financial responsibility instead of 4,218
bond cannot demonstrate financial responsibility, shall order 4,219
that the owner execute and file a bond or deposit cash, 4,220
certificates of deposit, or irrevocable letters of credit as 4,221
required by this section for the wells specified in the order 4,223
within ten days of receipt of the order. If the order is not 4,224
complied with, all wells of the owner that are specified in the 4,225
order and for which no bond is filed or cash, certificates of 4,226
deposit, or letters of credit are deposited shall be plugged. No 4,227
owner shall fail or refuse to plug such a well. Each day on 4,228
which such a well remains unplugged thereafter constitutes a 4,229
separate offense.
The surety bond provided for in this section shall be 4,231
100
executed by a surety company authorized to do business in this 4,232
state. 4,233
The chief shall not approve any bond until it is personally 4,235
signed and acknowledged by both principal and surety, or as to 4,236
either by his THE PRINCIPAL'S OR SURETY'S attorney in fact, with 4,237
a certified copy of the power of attorney attached thereto. The 4,239
chief shall not approve a bond unless there is attached a 4,240
certificate of the superintendent of insurance that the company 4,241
is authorized to transact a fidelity and surety business in this 4,242
state.
All bonds shall be given in a form to be prescribed by the 4,244
chief and shall run to the state as obligee. 4,245
AN OWNER OF AN EXEMPT MISSISSIPPIAN WELL OR AN EXEMPT 4,248
DOMESTIC WELL, IN LIEU OF FILING A SURETY BOND, CASH IN AN AMOUNT 4,250
EQUAL TO THE SURETY BOND, CERTIFICATES OF DEPOSIT, IRREVOCABLE 4,251
LETTERS OF CREDIT, OR A SWORN FINANCIAL STATEMENT, MAY FILE A 4,252
ONE-TIME FEE OF FIFTY DOLLARS, WHICH SHALL BE DEPOSITED IN THE 4,253
OIL AND GAS WELL PLUGGING FUND CREATED IN SECTION 1509.071 OF THE 4,254
REVISED CODE. 4,255
Sec. 1509.071. (A) When the chief of the division of oil 4,264
and gas finds that an owner has failed to comply with the 4,265
restoration requirements of section 1509.072, plugging 4,266
requirements of section 1509.12, or permit provisions of section 4,267
1509.13 of the Revised Code, or rules and orders relating 4,268
thereto, the chief shall make a finding of that fact and declare 4,270
any surety bond filed to ensure compliance with those sections 4,271
and rules forfeited in the amount set by rule of the chief. The 4,272
chief thereupon shall certify the total forfeiture to the 4,273
attorney general, who shall proceed to collect the amount thereof 4,274
OF THE FORFEITURE.
In lieu of total forfeiture, the surety, at its option, may 4,276
cause the well to be properly plugged and abandoned and the area 4,277
properly restored or pay to the treasurer of state the cost 4,278
thereof OF PLUGGING AND ABANDONMENT. 4,279
101
(B) All moneys collected on account BECAUSE of forfeitures 4,281
of bonds as provided in this section shall be deposited in the 4,283
state treasury to the credit of the oil and gas well plugging 4,284
fund, which is hereby created. The fund shall be expended by the 4,285
chief for the following purposes: 4,286
(1) In accordance with division (D) of this section, to 4,288
plug wells or to restore the land surface properly as required in 4,292
section 1509.072 of the Revised Code for which such THE bonds
have been forfeited, for abandoned wells for which no funds are 4,294
available to plug such THE wells in accordance with this chapter, 4,296
or to use abandoned wells for the injection of oil or gas 4,297
production wastes; 4,298
(2) In accordance with division (E) of this section, to 4,300
correct conditions that the chief reasonably has determined are 4,302
causing imminent health or safety risks. 4,303
Expenditures from the fund shall be made only for lawful 4,305
purposes. 4,306
(C)(1) Upon determining that the owner of a well has 4,309
failed to properly plug and abandon it or to properly restore the 4,310
land surface at the well site in compliance with the applicable 4,311
requirements of this chapter and applicable rules adopted and 4,312
orders issued under it or that a well is an abandoned well for 4,313
which no funds are available to plug the well in accordance with 4,314
this chapter, the chief shall do all of the following: 4,315
(a) Determine from the records in the office of the county 4,318
recorder of the county in which the well is located the identity 4,319
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 4,320
well was drilled or the identity of each person owning an 4,321
interest in the lease, and the identities of the persons having 4,322
legal title to, or a lien upon, any of the equipment appurtenant 4,323
to the well; 4,324
(b) Mail notice to the owner of the land on which the well 4,327
is located informing the landowner that the well is to be 4,328
102
plugged. If the owner of the oil or gas lease under which the 4,329
well was drilled is different from the owner of the well or if
any persons other than the owner of the well own interests in the 4,330
lease, the chief also shall mail notice that the well is to be 4,331
plugged to the owner of the lease or to each person owning an 4,332
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 4,335
lien upon, any equipment appurtenant to the well, informing the 4,336
person that the well is to be plugged and offering the person the 4,337
opportunity to plug the well and restore the land surface at the 4,338
well site at the person's own expense in order to avoid 4,339
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 4,342
of this section plugs the well within sixty days after the 4,343
mailing of the notice required by that division, all equipment 4,344
appurtenant to the well is hereby declared to be forfeited to 4,345
this state without compensation and without the necessity for any 4,347
action by the state for use to defray the cost of plugging and 4,348
abandoning the well and restoring the land surface at the well 4,349
site.
(D) Expenditures from the fund for the purpose of division 4,351
(B)(1) of this section shall be made in accordance with either of 4,353
the following:
(1) The expenditures may be made pursuant to contracts 4,355
entered into by the chief with persons who agree to furnish all 4,357
of the materials, equipment, work, and labor as specified and 4,358
provided in such a contract. Agents or employees of persons 4,359
contracting with the chief for the restoration, plugging, and 4,360
injection projects may enter upon any land, public or private, 4,361
for which a project has been approved by the controlling board 4,362
and on which the well is located, for the purpose of performing 4,363
the work. Prior to such entry, the chief shall give to the 4,364
following persons written notice of the existence of a contract 4,365
for a project to restore, plug, or inject oil or gas production 4,366
103
wastes into a well, the names of the persons with whom the 4,367
contract is made, and the date that the project will commence: 4,368
the owner of the well, the owner of the land upon which the well 4,369
is located, the owner or agents of adjoining land, and, if the 4,370
well is located in the same township as or in a township adjacent 4,371
to the excavations and workings of a mine and the owner or lessee 4,372
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 4,373
preceding three years, the owner or lessee of the mine. 4,374
The chief periodically shall submit project proposals under 4,376
division (D)(1) of this section to the controlling board, 4,378
together with benefit and cost data and other pertinent 4,379
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 4,381
plugging, or injection projects that are approved by the 4,382
controlling board, and expenditures for a particular project may 4,383
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 4,386
who has received notice under division (C)(1)(b) of this section 4,387
may plug the well and be reimbursed by the division for the 4,388
reasonable cost of plugging the well. In order to plug the well, 4,389
the landowner shall submit an application to the chief on a form 4,390
prescribed by the chief and approved by the technical advisory 4,391
council on oil and gas created in section 1509.38 of the Revised 4,393
Code. The application, at a minimum, shall require the landowner 4,394
to provide the same information as is required to be included in 4,395
the application for a permit to plug and abandon under section 4,396
1509.13 of the Revised Code. The application shall be 4,397
accompanied by a copy of a proposed contract to plug the well 4,398
prepared by a contractor regularly engaged in the business of 4,399
plugging oil and gas wells. The proposed contract shall require 4,400
the contractor to furnish all of the materials, equipment, work, 4,401
and labor necessary to properly plug the well PROPERLY and shall 4,402
specify the price for doing the work, including a credit for the 4,404
104
equipment appurtenant to the well that was forfeited to the state 4,405
through the operation of division (C)(2) of this section. The 4,406
application also shall be accompanied by the permit fee required 4,407
by section 1509.13 of the Revised Code unless the chief, in the 4,408
chief's discretion, waives payment of the permit fee. If the 4,409
chief waives payment of the permit fee in connection with an 4,410
application, the chief shall certify the amount of the fee to the 4,411
director of budget and management for transfer from the oil and 4,412
gas well plugging fund to the oil and gas permit fund created in 4,413
section 1509.02 of the Revised Code. The application constitutes 4,415
an application for a permit to plug and abandon the well for the 4,416
purposes of section 1509.13 of the Revised Code. 4,417
(b) Within thirty days after receiving an application and 4,420
accompanying proposed contract under division (D)(2)(a) of this 4,422
section, the chief shall determine whether the plugging would 4,423
comply with the applicable requirements of this chapter and 4,424
applicable rules adopted and orders issued under it and whether 4,425
the cost of the plugging under the proposed contract is 4,426
reasonable. If the chief determines that the proposed plugging 4,428
would comply with those requirements and that the proposed cost 4,429
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 4,430
permit to plug and abandon the well under section 1509.13 of the 4,431
Revised Code. Upon approval of the application and proposed 4,433
contract, the chief shall transfer ownership of the equipment 4,434
appurtenant to the well to the landowner. The chief may 4,435
disapprove an application submitted under division (D)(2)(a) of 4,437
this section if the chief determines that the proposed plugging 4,438
would not comply with the applicable requirements of this chapter 4,439
and applicable rules adopted and orders issued under it, that the 4,440
cost of the plugging under the proposed contract is unreasonable, 4,441
or that the proposed contract is not a bona fide, arms length 4,442
contract.
(c) After receiving the chief's notice of the approval of 4,445
105
the application and permit to plug and abandon a well under 4,446
division (D)(2)(b) of this section, the landowner shall enter 4,447
into the proposed contract to plug the well. The plugging shall 4,448
be completed within one hundred eight days after the landowner 4,449
receives the notice of approval and permit. 4,450
(d) Upon determining that the plugging has been completed 4,453
within the time required by division (D)(2)(c) of this section 4,455
and has been completed in compliance with the applicable 4,456
requirements of this chapter and applicable rules adopted and 4,457
orders issued under it, the chief shall reimburse the landowner 4,458
for the cost of the plugging, as set forth in the proposed 4,459
contract approved by the chief. The reimbursement shall be paid 4,460
from the oil and gas well plugging fund. If the chief determines 4,461
that the plugging was not completed within the required time or 4,462
was not completed in accordance with the applicable requirements, 4,463
the chief shall not reimburse the landowner for the cost of the 4,464
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 4,466
possession of the equipment appurtenant to the well that 4,468
previously was transferred to the landowner under division 4,469
(D)(2)(b) of this section. If any such equipment was removed 4,470
from the well during the plugging and sold, the landowner shall 4,471
pay to the chief the proceeds from the sale of the equipment, and 4,472
the chief promptly shall pay the moneys so received to the 4,473
treasurer of state for deposit into the oil and gas well plugging 4,474
fund.
The chief may establish an annual limit on the number of 4,476
wells that may be plugged under division (D)(2) of this section 4,478
or an annual limit on the expenditures to be made under that 4,479
division.
As used in division (D)(2) of this section, "plug" and 4,483
"plugging" include the plugging of the well and the restoration 4,484
of the land surface disturbed by the plugging.
(E) Expenditures from the fund for the purpose of division 4,486
106
(B)(2) of this section may be made pursuant to contracts entered 4,488
into by the chief with persons who agree to furnish all of the 4,489
materials, equipment, work, and labor as specified and provided 4,490
in such a contract. The competitive bidding requirements of 4,491
Chapter 153. of the Revised Code do not apply if the chief
reasonably determines that correction of the applicable health or 4,492
safety risk requires immediate action. The chief, designated 4,493
representatives of the chief, and agents or employees of persons 4,494
contracting with the chief under this division may enter upon any 4,496
land, public or private, for the purpose of performing the work. 4,497
(F) Contracts entered into by the chief under this section 4,500
are not subject to either of the following: 4,501
(1) Chapter 4115. of the Revised Code; 4,503
(2) Section 153.54 of the Revised Code, except that the 4,506
contractor shall obtain and provide to the chief as a bid 4,507
guaranty a surety bond or letter of credit in an amount equal to 4,508
ten per cent of the amount of the contract. 4,509
(G) THE OWNER OF LAND ON WHICH A WELL IS LOCATED WHO HAS 4,512
RECEIVED NOTICE UNDER DIVISION (C)(1)(b) OF THIS SECTION, IN LIEU 4,515
OF PLUGGING THE WELL IN ACCORDANCE WITH DIVISION (D)(2) OF THIS 4,516
SECTION, MAY CAUSE OWNERSHIP OF THE WELL TO BE TRANSFERRED TO AN 4,517
OWNER WHO IS LAWFULLY DOING BUSINESS IN THIS STATE AND WHO HAS 4,518
MET THE FINANCIAL RESPONSIBILITY REQUIREMENTS ESTABLISHED UNDER 4,519
SECTION 1509.07 OF THE REVISED CODE, SUBJECT TO THE APPROVAL OF 4,522
THE CHIEF. THE TRANSFER OF OWNERSHIP ALSO SHALL BE SUBJECT TO 4,523
THE LANDOWNER'S FILING THE APPROPRIATE FORMS REQUIRED UNDER THIS 4,524
CHAPTER AND PROVIDING TO THE CHIEF SUFFICIENT INFORMATION TO 4,525
DEMONSTRATE THE LANDOWNER'S OR OWNER'S RIGHT TO PRODUCE A
FORMATION OR FORMATIONS. THAT INFORMATION MAY INCLUDE A DEED, A 4,526
LEASE, OR OTHER DOCUMENTATION OF OWNERSHIP OR PROPERTY RIGHTS. 4,528
THE CHIEF SHALL APPROVE OR DISAPPROVE THE TRANSFER OF 4,530
OWNERSHIP OF THE WELL. IF THE CHIEF APPROVES THE TRANSFER, THE 4,531
OWNER IS RESPONSIBLE FOR OPERATING THE WELL IN ACCORDANCE WITH 4,532
THIS CHAPTER AND RULES ADOPTED UNDER IT, INCLUDING, WITHOUT 4,533
107
LIMITATION, ALL OF THE FOLLOWING: 4,534
(1) FILING AN APPLICATION WITH THE CHIEF UNDER SECTION 4,536
1509.06 OF THE REVISED CODE IF THE OWNER INTENDS TO DRILL DEEPER 4,539
OR PRODUCE A FORMATION THAT IS NOT LISTED IN THE RECORDS OF THE 4,540
DIVISION FOR THAT WELL;
(2) TAKING TITLE TO AND POSSESSION OF THE EQUIPMENT 4,542
APPURTENANT TO THE WELL THAT HAS BEEN IDENTIFIED BY THE CHIEF AS 4,543
HAVING BEEN ABANDONED BY THE FORMER OWNER; 4,544
(3) COMPLYING WITH ALL APPLICABLE REQUIREMENTS THAT ARE 4,547
NECESSARY TO DRILL DEEPER, PLUG THE WELL, OR PLUG BACK THE WELL. 4,548
Sec. 1509.072. No oil or gas well owner or his agent OF AN 4,557
OIL OR GAS WELL OWNER shall fail to restore the land surface 4,558
within the area disturbed in siting, drilling, completing, and 4,559
producing the well as required in this section. 4,560
(A) Within five months after the date upon which the 4,562
surface drilling of a well is commenced, the owner or his THE 4,563
OWNER'S agent shall, in accordance with his THE restoration plan 4,566
filed under division (L)(J) of section 1509.06 of the Revised 4,567
Code, SHALL fill all the pits for containing brine, other waste 4,569
substances resulting, obtained, or produced in connection with 4,570
exploration, OR drilling FOR, or production of oil or gas, or oil 4,571
that are not required by other state or federal law or 4,573
regulation, and remove all concrete bases, drilling supplies, and 4,574
drilling equipment. Within nine months after the date upon which 4,575
the surface drilling of a well is commenced, the owner or his THE 4,576
OWNER'S agent shall grade or terrace and plant, seed, or sod the 4,578
area disturbed that is not required in production of the well, 4,579
where necessary to bind the soil and prevent substantial erosion 4,580
and sedimentation. If the chief of the division of oil and gas 4,581
finds that a pit used for containing brine, other waste 4,582
substances, or oil is in violation of section 1509.22 of the 4,583
Revised Code or rules adopted or orders issued thereunder UNDER 4,584
IT, the chief may require the pit to be emptied and closed before 4,586
expiration of the five-month restoration period.
108
(B) Within six months after a well that has produced oil 4,588
or gas is plugged, or after the plugging of a dry hole, the owner 4,589
or his THE OWNER'S agent shall remove all production and storage 4,590
structures, supplies, and equipment, and any oil, salt water, and 4,592
debris, and fill any remaining excavations. Within such THAT 4,593
period the owner or his THE OWNER'S agent shall grade or terrace 4,595
and plant, seed, or sod the area disturbed, where necessary to 4,597
bind the soil and prevent substantial erosion and sedimentation. 4,598
The owner shall be released from responsibility to perform 4,600
any or all restoration requirements of this section on any part 4,601
or all of the area disturbed, upon the filing of a request for a 4,602
waiver with and obtaining the written approval of the chief, 4,603
which request shall be signed by the surface owner to certify the 4,604
approval of the surface owner of the release sought. The chief 4,605
shall approve such THE request unless he THE CHIEF finds upon 4,607
inspection that the waiver would be likely to result in 4,609
substantial damage to adjoining property, substantial 4,610
contamination of surface or underground water, or substantial 4,611
erosion or sedimentation.
The chief may, by order, MAY shorten the time periods 4,613
provided for under division (A) or (B) of this section if failure 4,614
to shorten the periods would be likely to result in damage to 4,615
public health or the waters or natural resources of the state. 4,616
The chief may, upon written application by an owner or his 4,618
AN OWNER'S agent showing reasonable cause, MAY extend the period 4,619
within which restoration shall be completed under divisions (A) 4,621
and (B) of this section, but not to exceed a further six-month 4,622
period, except under extraordinarily adverse weather conditions 4,623
or when essential equipment, fuel, or labor is unavailable to the 4,624
owner or his THE OWNER'S agent. 4,625
If the chief refuses to approve a request for waiver or 4,627
extension, he THE CHIEF shall do so by order. 4,628
Sec. 1509.13. No person shall plug and abandon a well 4,637
without having a permit to do so issued by the chief of the 4,638
109
division of oil and gas. The permit shall be issued by the chief 4,639
in accordance with this chapter, and the chief may by rule 4,640
establish BY RULE a period of time from date of issue during 4,641
which permits will be valid. Application by the owner for a 4,642
permit to plug and abandon shall be filed as many days in advance 4,643
as will be necessary for an oil and gas well inspector or, if the 4,644
well is located in a coal bearing township, the gas storage well 4,645
inspector or a deputy mine inspector to be present at the 4,646
plugging. The application shall be filed with the chief of the 4,647
division of oil and gas upon such A form as THAT the chief 4,649
prescribes and shall contain the following information: 4,650
(A) The name and address of the owner; 4,652
(B) The signature of the owner or his THE OWNER'S 4,654
authorized agent. When an authorized agent signs an application, 4,656
it shall be accompanied by a certified copy of his THE 4,657
appointment as such THAT agent. 4,658
(C) The location of the well identified by section or lot 4,660
number, city, village, township, and county; 4,661
(D) Designation of well by name and number; 4,663
(E) The total depth of the well to be plugged; 4,665
(F) The date and amount of last production from the well; 4,667
(G) Such other OTHER data as THAT the chief may require. 4,670
If oil or gas has been produced from the well, the 4,672
application shall be accompanied by a fee of fifty dollars. If a 4,673
new dry well has been drilled in accordance with law and the 4,674
permit is still valid, the permit holder may receive approval to 4,675
plug the well from an oil and gas well inspector or, if the well 4,676
is located in a coal bearing township, the gas storage well 4,677
inspector or a deputy mine inspector so that the well can be 4,678
plugged and abandoned without undue delay. No well located 4,679
outside a coal bearing township shall be plugged and abandoned 4,680
without an oil and gas well inspector present unless permission 4,681
has been granted by the chief of the division of oil and gas, and 4,682
no well located within a coal bearing township shall be plugged 4,683
110
and abandoned without the gas storage well inspector or a deputy 4,684
mine inspector present unless permission has been granted by the 4,685
chief of the division of mines and reclamation. The owner of the 4,687
well shall give written notice at the same time to the owner of 4,688
the land upon which the well is located, the owners or agents of 4,689
adjoining land, adjoining well owners or agents, and, if the well 4,690
penetrates or passes within one hundred feet of the excavations 4,691
and workings of a mine, the owner or lessee of that mine, of his 4,692
THE WELL OWNER'S intention to abandon the well and of the time 4,693
when he THE WELL OWNER will be prepared to commence plugging it. 4,694
An applicant may file a request with the chief of the 4,696
division of oil and gas for expedited review of an application 4,697
for a permit to plug and abandon a well. The chief shall MAY 4,698
refuse to accept a request for expedited review after three such 4,700
requests have been filed in a week, and shall not accept more 4,701
than one request from the same applicant in any week IF, IN THE 4,702
CHIEF'S JUDGMENT, ACCEPTANCE OF THE REQUEST WILL PREVENT THE 4,703
ISSUANCE, WITHIN TWENTY-ONE DAYS OF FILING, OF PERMITS FOR WHICH 4,704
APPLICATIONS FILED UNDER SECTION 1509.06 OF THE REVISED CODE ARE 4,705
PENDING. In addition to a complete application for a permit that 4,706
meets the requirements of this section and the permit fee 4,707
prescribed by this section, if applicable, a request shall be 4,708
accompanied by a nonrefundable filing fee of two hundred fifty 4,709
dollars unless the chief has ordered the applicant to plug and 4,710
abandon the well. When a request for expedited review is filed, 4,711
the chief shall immediately begin to process the application and 4,712
shall issue a permit within seven days of the filing of the 4,713
request unless he THE CHIEF, by order, denies the application. 4,715
Upon filing of an application for a permit to plug and 4,717
abandon a well that is located in a coal bearing township, the 4,718
chief shall cause the chief of the division of mines and 4,719
reclamation to be notified of the filing of the permit 4,720
application by telephone or such other means as THAT in the 4,721
judgment of the chief would provide timely notice of the 4,723
111
application.
This section does not apply to a well plugged or abandoned 4,725
in compliance with section 1571.05 of the Revised Code. 4,727
Sec. 1509.14. Any person who abandons a well, when written 4,736
permission has been granted by the chief of the division of oil 4,737
and gas or the chief of the division of mines and reclamation to 4,739
abandon and plug such THE well without an inspector being present 4,740
to supervise the plugging, shall make a written report of such 4,742
THE abandonment to the chief who OF THE DIVISION OF OIL AND GAS 4,743
REGARDLESS OF WHICH CHIEF granted such permission FOR THE 4,744
ABANDONMENT. The report SHALL BE SUBMITTED TO THE CHIEF OF THE 4,746
DIVISION OF OIL AND GAS NOT LATER THAN THIRTY DAYS AFTER THE DATE 4,747
OF ABANDONMENT AND shall include ALL OF the following: 4,749
(A) The date of abandonment; 4,751
(B) The name of the owner or operator of such THE well at 4,753
the time of abandonment and his THE post-office address OF THE 4,754
OWNER OR OPERATOR; 4,756
(C) The location of such THE well as to township and 4,758
county and the name of the owner of the surface upon which such 4,759
THE well is drilled, with the address thereof; 4,761
(D) The date of the permit to drill; 4,763
(E) The date when drilled; 4,765
(F) Whether such well has been mapped; 4,767
(G) The depth of the well; 4,769
(H)(G) The depth of the top of the formation to which the 4,771
well was drilled; 4,772
(I)(H) The depth of each seam of coal drilled through; 4,774
(J)(I) A detailed report as to how such THE well was 4,777
plugged, giving in particular the manner in which the coal and 4,778
various formations were plugged, and the date of the plugging of 4,779
such THE well, including therein the names of those who witnessed 4,781
the plugging of the well. 4,782
Such THE report shall be signed by the owner or operator, 4,784
OR THE agent thereof OF THE OWNER OR OPERATOR, who abandons and 4,786
112
plugs such THE well and verified by the oath of the party so 4,788
signing. For the purposes of this section, the oil and gas well 4,789
inspectors, gas storage well inspectors, or deputy mine 4,790
inspectors may take acknowledgments and administer oaths to the 4,791
parties signing such THE report.
Sec. 1509.22. (A) Except when acting in accordance with 4,800
section 1509.226 of the Revised Code, no person shall place or 4,801
cause to be placed brine in surface or ground water or in or on 4,802
the land in such quantities or in such manner as actually causes 4,803
or could reasonably be anticipated to cause EITHER OF THE 4,804
FOLLOWING:
(1) Water used for consumption by humans or domestic 4,806
animals to exceed the standards of the "Safe Drinking Water Act"; 4,808
or 4,809
(2) Damage or injury to public health or safety or the 4,811
environment. 4,812
(B) No person shall store or dispose of brine in violation 4,814
of a plan approved under division (I) of section 1509.06 of the 4,815
Revised Code, division (A) of section 1509.222 of the Revised 4,816
Code, or section 1509.226 of the Revised Code, in violation of a 4,817
resolution submitted under section 1509.226 of the Revised Code, 4,818
or in violation of rules or orders applicable to such THOSE plans 4,820
or resolutions. 4,821
(C) The chief of the division of oil and gas shall adopt 4,823
rules and issue orders regarding storage and disposal of brine 4,824
and other waste substances; however, the storage and disposal of 4,825
brine and the chief's rules relating thereto TO STORAGE AND 4,826
DISPOSAL are subject to ALL OF the following standards: 4,827
(1) Brine from any well except an exempt Mississippian 4,829
well shall only be disposed of ONLY by injection into an 4,830
underground formation, including annular disposal if approved by 4,832
rule of the chief, which injection shall be subject to division 4,833
(D) of this section; by surface application in accordance with 4,834
section 1509.226 of the Revised Code; in association with a 4,835
113
method of enhanced recovery as provided in section 1509.21 of the 4,836
Revised Code; or by other methods approved by the chief for 4,837
testing or implementing a new technology or method of disposal. 4,838
Brine from exempt Mississippian wells shall not be discharged 4,839
directly into the waters of the state. 4,840
(2) Muds, cuttings, and other waste substances shall not 4,842
be disposed of in violation of any rule; 4,843
(3) Pits may be used for containing brine and other waste 4,845
substances resulting FROM, obtained FROM, or produced in 4,846
connection with drilling, fracturing, reworking, reconditioning, 4,848
plugging back, or plugging operations, but such THE pits shall be 4,849
constructed and maintained to prevent the escape of brine and 4,851
such OTHER WASTE substances. A dike or pit may be used for spill 4,853
prevention and control. A dike or pit so used shall be 4,854
constructed and maintained to prevent the escape of brine, and 4,855
the reservoir within such a dike or pit shall be kept reasonably 4,856
free of brine and other waste substances. 4,857
(4) Earthen impoundments constructed pursuant to the 4,859
division's specifications may be used for the temporary storage 4,860
of brine and other waste substances in association with a 4,861
saltwater injection well, an enhanced recovery project, or a 4,862
solution mining project; 4,863
(5) No pit, earthen impoundment, or dike shall be used for 4,865
the temporary storage of brine except in accordance with 4,866
divisions (C)(3) and (4) of this section; and 4,867
(6) No pit or dike shall be used for the ultimate disposal 4,869
of brine. 4,870
(D) No person shall, without first having obtained a 4,872
permit from the chief, SHALL inject brine or other waste 4,873
substances resulting FROM, obtained FROM, or produced in 4,874
connection with oil or gas drilling, exploration, or production 4,877
into an underground formation, unless a rule of the chief 4,878
expressly authorizes the injection without a permit. The permit 4,879
shall be in addition to any permit required by section 1509.05 of 4,880
114
the Revised Code, and the permit application shall be accompanied 4,881
by a permit fee of one hundred dollars. The chief shall adopt 4,882
rules in accordance with Chapter 119. of the Revised Code 4,883
regarding the injection into wells of brine and other waste 4,884
substances resulting FROM, obtained FROM, or produced in 4,885
connection with oil or gas drilling, exploration, or production. 4,886
The rules shall include provisions regarding applications for and 4,887
issuance of the permits required by this division; entry to 4,888
conduct inspections and to examine and copy records to ascertain 4,889
compliance with this division and rules, orders, and terms and 4,890
conditions of permits ADOPTED OR issued thereunder UNDER IT; the 4,891
provision and maintenance of information through monitoring, 4,893
recordkeeping, and reporting; and other provisions in furtherance 4,894
of the goals of this section and the "Safe Drinking Water Act." 4,895
To implement the goals of the "Safe Drinking Water Act," 88 Stat. 4,896
1661, 42 U.S.C.A. 300(f), as amended, the chief shall not issue a 4,897
permit for the injection of brine or other waste substances 4,898
resulting FROM, obtained FROM, or produced in connection with oil 4,900
or gas drilling, exploration, or production, unless the chief 4,901
concludes that the applicant has demonstrated that the injection 4,902
will not result in the presence of any contaminant in ground 4,903
water that supplies or can reasonably be expected to supply any 4,904
public water system, such that the presence of the contaminant 4,905
may result in the system's not complying with any national 4,906
primary drinking water regulation or may otherwise adversely 4,907
affect the health of persons. This division and rules, orders, 4,908
and terms and conditions of permits ADOPTED OR issued thereunder 4,909
UNDER IT shall be construed to be no more stringent than required 4,910
for compliance with the Safe Drinking Water Act, unless essential 4,911
to ensure that underground sources of drinking water will not be 4,912
endangered. 4,913
(E) The owner holding a permit, or an assignee or 4,915
transferee who has assumed the obligations and liabilities 4,916
imposed by Chapter 1509. of the Revised Code THIS CHAPTER and any 4,918
115
rules ADOPTED or orders issued thereunder UNDER IT pursuant to 4,919
section 1509.31 of the Revised Code, and the operator of a well 4,920
shall be liable for a violation of this section or any rules 4,921
adopted or orders or terms or conditions of a permit issued under 4,922
this section IT.
(F) An owner shall replace the water supply of the holder 4,924
of an interest in real property who obtains all or part of his 4,925
THE HOLDER'S supply OF water for domestic, agricultural, 4,926
industrial, or other legitimate use from an underground or 4,928
surface source where the supply has been substantially disrupted 4,929
by contamination, diminution, or interruption proximately 4,930
resulting from the owner's oil or gas operation, or the owner may 4,931
elect to compensate the holder of the interest in real property 4,932
for the difference between the fair market value of the interest 4,933
before the damage occurred to the water supply and the fair 4,934
market value after the damage occurred, if the cost of replacing 4,935
the water supply exceeds this difference in fair market values. 4,936
However, during the pendency of any order issued under this 4,937
division, the owner shall obtain for the holder or shall 4,938
reimburse the holder for the reasonable cost of obtaining a water 4,939
supply from the time of the contamination, diminution, or 4,940
interruption by the operation until the owner has complied with 4,941
an order of the chief for compliance with this division or such 4,942
AN order has been revoked or otherwise becomes not effective. If 4,943
the owner elects to pay the difference in fair market values, but 4,944
the owner and the holder have not agreed on the difference within 4,945
thirty days after the chief issues an order for compliance with 4,946
this division, then within ten days after the expiration of this 4,947
THAT thirty-day period, the owner and the chief shall each SHALL 4,949
appoint an appraiser to determine the difference in fair market 4,950
values, except that the holder of the interest in real property 4,951
may elect to appoint and compensate his THE HOLDER'S own 4,952
appraiser, in which case the chief shall not appoint an 4,954
appraiser. The two appraisers appointed shall appoint a third 4,955
116
appraiser, and within thirty days after the appointment of the 4,956
third appraiser, the three appraisers shall hold a hearing to 4,957
determine the difference in fair market values. Within ten days 4,958
after the hearing, the appraisers shall make their determination 4,959
by majority vote and issue their final determination of the 4,960
difference in fair market values. The chief shall accept a 4,961
determination of the difference in fair market values made by 4,962
agreement of the owner and holder or by appraisers under this 4,963
division and shall make and dissolve orders accordingly. This 4,964
division does not affect in any way the right of any person to 4,965
enforce or protect, under applicable law, his THE PERSON'S 4,966
interest in water resources affected by an oil or gas operation.
(G) In any action brought by the state for a violation of 4,968
division (A) of this section involving any well at which annular 4,969
disposal is used, there shall be a rebuttable presumption 4,970
available to the state that the annular disposal caused the 4,971
violation if the well is located within a one-quarter mile radius 4,972
of the site of the violation. 4,973
Sec. 1509.222. (A)(1) Except as provided in section 4,982
1509.226 of the Revised Code, no person shall transport brine by 4,983
vehicle in this state unless the business entity that employs the 4,984
person first registers with and obtains a registration 4,985
certificate and identification number from the chief of the 4,986
division of oil and gas. 4,987
(2) No more than one registration certificate shall be 4,989
required of any business entity. Registration certificates 4,990
issued under this section are not transferrable TRANSFERABLE. An 4,991
applicant shall file an application with the chief, containing 4,993
such information in such form as the chief prescribes, but 4,994
including a plan for disposal that provides for compliance with 4,995
the requirements of this chapter and rules of the chief 4,996
pertaining to the transportation of brine by vehicle and the 4,997
disposal of brine so transported and that lists all disposal 4,998
sites that the applicant intends to use, the bond required by 4,999
117
section 1509.225 of the Revised Code, and a certificate issued by 5,000
an insurance company authorized to do business in this state 5,001
certifying that the applicant has in force a liability insurance 5,002
policy in an amount not less than three hundred thousand dollars 5,003
bodily injury coverage and three hundred thousand dollars 5,004
property damage coverage to pay damages for injury to persons or 5,005
property caused by the collecting, handling, transportation, or 5,006
disposal of brine. The policy shall be maintained in effect 5,007
during the term of the registration certificate. The policy or 5,008
policies providing such THE coverage shall require the insurance 5,009
company to give notice to the chief if the policy or policies 5,011
lapse for any reason. Upon such termination of the policy, the 5,012
chief may suspend the registration certificate until proper 5,013
insurance coverage is obtained. Each application for a 5,014
registration certificate shall be accompanied by a nonrefundable 5,015
fee of five hundred dollars. 5,016
(B) The chief shall issue an order denying an application 5,018
for a registration certificate if the chief finds that EITHER OF 5,019
THE FOLLOWING APPLIES: 5,020
(1) The applicant, at the time of applying for the 5,022
registration certificate, has been found liable by a final 5,023
nonappealable order of a court of competent jurisdiction for 5,024
damage to streets, roads, highways, bridges, culverts, or 5,025
drainways pursuant to section 4513.34 or 5577.12 of the Revised 5,026
Code until the applicant provides the chief with evidence of 5,027
compliance with the order; 5,028
(2) The applicant's plan for disposal does not provide for 5,030
compliance with the requirements of this chapter and rules of the 5,031
chief pertaining to the transportation of brine by vehicle and 5,032
the disposal of brine so transported. 5,033
(C) No applicant shall attempt to circumvent division (B) 5,035
of this section by applying for a registration certificate under 5,036
a different name or business organization name, by transferring 5,037
responsibility to another person or entity, or by any similar 5,038
118
act. 5,039
(D) A registered transporter shall apply to revise a 5,041
disposal plan under procedures that the chief shall prescribe by 5,042
rule. However, at a minimum, an application for a revision shall 5,043
list all sources and disposal sites of brine currently 5,044
transported. If the chief approves a revision of a plan under 5,045
this division, the approval also constitutes approval of a 5,046
revision of affected disposal plans required by division (I) of 5,047
section 1509.06 of the Revised Code, except as the chief 5,048
otherwise specifically provides in the order approving the 5,049
revision. The chief shall deny any application for a revision of 5,050
a plan under this division if the chief finds that the proposed 5,051
revised plan does not provide for compliance with the 5,052
requirements of this chapter and rules of the chief pertaining to 5,053
the transportation of brine by vehicle and the disposal of brine 5,054
so transported. Approvals and denials of revisions shall be by 5,055
order of the chief. 5,056
(E) The chief may adopt rules, issue orders, and attach 5,058
terms and conditions to registration certificates as may be 5,059
necessary to administer, implement, and enforce sections 1509.222 5,060
to 1509.226 of the Revised Code for protection of public health 5,061
or safety or conservation of natural resources. 5,062
Sec. 1509.31. Whenever the entire interest of an oil and 5,071
gas lease is assigned or otherwise transferred, the assignor or 5,072
transferor shall notify the holders of the royalty interests, 5,073
and, if a well or wells exist on the lease, the division of oil 5,074
and gas, of the name and address of the assignee or transferee by 5,075
certified mail, return receipt requested, not later than thirty 5,076
days after the date of the assignment or transfer. When notice 5,077
of any such assignment or transfer is required to be provided to 5,078
the division, it shall be provided on a form prescribed and 5,079
provided by the division and verified by both the assignor or 5,080
transferor and by the assignee or transferee. The notice form 5,081
applicable to assignments or transfers of a well to the owner of 5,082
119
the surface estate of the tract on which the well is located 5,083
shall contain a statement informing the landowner that the well 5,084
may require periodic servicing to maintain its productivity; 5,085
that, upon assignment or transfer of the well to him THE 5,086
LANDOWNER, the landowner becomes responsible for compliance with 5,087
the requirements of this chapter and rules adopted under it, 5,088
including, without limitation, the proper disposal of brine 5,089
obtained from the well, the plugging of the well when it becomes 5,090
incapable of producing oil or gas, and the restoration of the 5,091
well site; and that, upon assignment or transfer of the well to 5,092
him THE LANDOWNER, the landowner becomes responsible for the 5,093
costs of compliance with the requirements of this chapter and 5,094
rules adopted under it and the costs for operating and servicing 5,095
the well. 5,096
The owner holding a permit under section 1509.05 of the 5,098
Revised Code is responsible for all obligations and liabilities 5,099
imposed by this chapter and any rules, orders, and terms and 5,100
conditions of a permit ADOPTED OR issued thereunder UNDER IT, and 5,102
no assignment or transfer by the owner relieves the owner of the 5,103
obligations and liabilities until and unless the assignee or 5,104
transferee files with the division of oil and gas the information 5,105
described in divisions (A), (B), (C), (D), (E), (H)(I), (J), (K), 5,106
AND (L), (M), and (N) of section 1509.06 of the Revised Code; 5,107
files or has filed the certificate of OBTAINS LIABILITY insurance 5,110
COVERAGE required by section 1509.07 of the Revised Code, except 5,112
when none is required by that section; and executes and files a 5,113
surety bond, negotiable certificates of deposit OR IRREVOCABLE 5,114
LETTERS OF CREDIT, or cash, as described in THAT section 1509.07 5,115
of the Revised Code. Instead of a bond, but only upon acceptance 5,116
by the chief, the assignee or transferee may file proof of 5,117
financial responsibility, described in section 1509.07 of the 5,118
Revised Code. Section 1509.071 of the Revised Code applies to the 5,119
surety bond, cash, and negotiable certificates of deposit AND 5,120
IRREVOCABLE LETTERS OF CREDIT described in this section. Unless 5,122
120
the chief approves a modification, each assignee or transferee 5,123
shall operate in accordance with the plans and information filed 5,124
by the permit holder pursuant to section 1509.06 of the Revised 5,125
Code.
Sec. 1511.02. The chief of the division of soil and water 5,136
conservation, subject to the approval of the director of natural 5,137
resources, shall do all of the following: 5,138
(A) Provide administrative leadership to local soil and 5,140
water conservation districts in planning, budgeting, staffing, 5,141
and administering district programs and the training of district 5,142
supervisors and personnel in their duties, responsibilities, and 5,143
authorities as prescribed in this chapter and Chapter 1515. of 5,144
the Revised Code; 5,145
(B) Administer this chapter and Chapter 1515. of the 5,147
Revised Code pertaining to state responsibilities and provide 5,148
staff assistance to the Ohio soil and water conservation 5,149
commission in exercising its statutory responsibilities; 5,150
(C) Assist in expediting state responsibilities for 5,152
watershed development and other natural resource conservation 5,153
works of improvement; 5,154
(D) Coordinate the development and implementation of 5,156
cooperative programs and working agreements between local soil 5,157
and water conservation districts and divisions or sections of the 5,158
department of natural resources, or other agencies of local, 5,159
state, and federal government; 5,160
(E) Subject to the approval of the Ohio soil and water 5,162
conservation commission, adopt, amend, or rescind rules pursuant 5,163
to Chapter 119. of the Revised Code. Rules adopted pursuant to 5,164
this section: 5,165
(1) Shall establish technically feasible and economically 5,167
reasonable standards to achieve a level of management and 5,168
conservation practices in farming or silvicultural operations 5,169
that will abate wind or water erosion of the soil or abate the 5,170
degradation of the waters of the state by animal waste or by soil 5,171
121
sediment including substances attached thereto, and establish 5,172
criteria for determination of the acceptability of such 5,173
management and conservation practices; 5,174
(2) Shall establish technically feasible and economically 5,176
reasonable standards to achieve a level of management and 5,177
conservation practices that will abate wind or water erosion of 5,178
the soil or abate the degradation of the waters of the state by 5,179
soil sediment in conjunction with land grading, excavating, 5,180
filling, or other soil-disturbing activities on land used or 5,181
being developed for nonfarm commercial, industrial, residential, 5,182
or other nonfarm purposes, and establish criteria for 5,183
determination of the acceptability of such management and 5,184
conservation practices. The standards shall be designed to 5,185
implement applicable areawide waste treatment management plans 5,186
prepared under section 208 of the "Federal Water Pollution 5,187
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1288, as amended. 5,188
The standards and criteria shall not apply in any municipal 5,189
corporation or county that adopts ordinances or rules pertaining 5,190
to sediment control, nor to lands being used in a strip mine 5,191
operation as defined in section 1513.01 of the Revised Code, nor 5,192
to lands being used in a surface mining operation as defined in 5,193
section 1514.01 of the Revised Code. 5,194
(3) May recommend criteria and procedures for the approval 5,196
of urban sediment pollution abatement plans and issuance of 5,197
permits prior to any grading, excavating, filling, or other whole 5,198
or partial disturbance of five or more contiguous acres of land 5,199
owned by one person or operated as one development unit and 5,200
require implementation of such a plan. Areas of less than five 5,201
contiguous acres are not exempt from compliance with other 5,202
provisions of this chapter and rules adopted under them. 5,203
(4) Shall establish procedures for administration of rules 5,205
for agricultural pollution abatement and urban sediment pollution 5,206
abatement and for enforcement of rules for agricultural pollution 5,207
abatement; 5,208
122
(5) Shall specify the pollution abatement practices 5,210
eligible for state cost sharing and determine the conditions for 5,211
eligibility, the construction standards and specifications, the 5,212
useful life, the maintenance requirements, and the limits of cost 5,213
sharing for those practices. Eligible practices shall be limited 5,214
to practices that address agricultural or silvicultural 5,215
operations and that require expenditures that are likely to 5,216
exceed the economic returns to the owner or operator and that 5,217
abate soil erosion or degradation of the waters of the state by 5,218
animal waste or soil sediment including pollutants attached 5,219
thereto. 5,220
(6) Until June 1, 1996, shall specify the multiflora rose 5,222
control practices eligible for state cost sharing, the conditions 5,223
of eligibility for state cost sharing, the limits of cost sharing 5,224
for those practices, specifications for carrying out those 5,225
practices to ensure effective control of the multiflora rose and 5,226
to safeguard the health and safety of human beings and domestic 5,227
animals and the environment, and the contract provisions to be 5,228
included in cost-sharing agreements with landowners; 5,229
(7) Until June 1, 1996, shall establish procedures for 5,231
administering grants to soil and water conservation districts for 5,232
control of multiflora rose; 5,233
(8) Shall establish procedures for administering grants to 5,235
owners or operators of agricultural land or concentrated animal 5,236
feeding operations for the implementation of operation and 5,237
management plans; 5,238
(9) Shall establish procedures for administering grants to 5,240
soil and water conservation districts for urban sediment 5,241
pollution abatement programs, specify the types of projects 5,242
eligible for grants, establish limits on the availability of 5,243
grants, and establish requirements governing the execution of 5,244
projects to encourage the reduction of erosion and sedimentation 5,245
associated with soil-disturbing activities; 5,246
(10) Shall do all of the following with regard to 5,248
123
composting conducted in conjunction with agricultural operations: 5,249
(a) Provide for the distribution of educational material 5,251
concerning composting to the offices of the Ohio cooperative 5,252
extension service for the purposes of section 1511.022 of the 5,253
Revised Code; 5,254
(b) Establish methods, techniques, or practices for 5,256
composting dead animals, or particular types of dead animals, 5,257
that are to be used at such operations, as the chief considers to 5,258
be necessary or appropriate; 5,259
(c) Establish requirements and procedures governing the 5,261
review and approval or disapproval of composting plans by the 5,262
supervisors of soil and water conservation districts under 5,263
division (T)(U) of section 1515.08 of the Revised Code. 5,264
(11) Shall be adopted, amended, or rescinded after the 5,266
chief does all of the following: 5,267
(a) Mails notice to each statewide organization that he 5,269
THE CHIEF determines represents persons or local governmental 5,270
agencies who would be affected by the proposed rule, amendment 5,271
thereto, or rescission thereof at least thirty-five days before 5,272
any public hearing thereon; 5,273
(b) Mails a copy of each proposed rule, amendment thereto, 5,275
or rescission thereof to any person who requests a copy, within 5,276
five days after receipt of the request; 5,277
(c) Consults with appropriate state and local governmental 5,279
agencies or their representatives, including statewide 5,280
organizations of local governmental officials, industrial 5,281
representatives, and other interested persons; 5,282
(d) If the rule relates to agricultural pollution 5,284
abatement, develops an economic impact statement concerning the 5,285
effect of the proposed rule or amendment. 5,286
(12) Shall not conflict with air or water quality 5,288
standards adopted pursuant to section 3704.03 or 6111.041 of the 5,289
Revised Code. Compliance with rules adopted pursuant to this 5,290
section shall DOES not affect liability for noncompliance with 5,291
124
air or water quality standards adopted pursuant to section 5,293
3704.03 or 6111.041 of the Revised Code. The application of a 5,294
level of management and conservation practices recommended under 5,295
this section to control windblown soil from farming operations 5,296
shall create CREATES a presumption of compliance with section 5,297
3704.03 of the Revised Code as that section applies to windblown 5,299
soil.
(13) Insofar as the rules relate to urban sediment 5,301
pollution, shall not be applicable in a municipal corporation or 5,302
county that adopts ordinances or rules for urban sediment 5,303
control, except that a municipal corporation or county that 5,304
adopts such ordinances or rules may receive moneys for urban 5,305
sediment control that are disbursed by the board of supervisors 5,306
of the applicable soil and water conservation district under 5,307
division (R) of section 1515.08 of the Revised Code. The rules 5,308
shall not exempt any person from compliance with municipal 5,309
ordinances enacted pursuant to Section 3 of Article XVIII, Ohio 5,310
Constitution. 5,311
(F) Cost share with landowners on practices established 5,313
pursuant to division (E)(5) of this section as moneys are 5,314
appropriated and available for that purpose. Any practice for 5,315
which cost share is provided shall be maintained for its useful 5,316
life. Failure to maintain a cost share practice for its useful 5,317
life shall subject the landowner to full repayment to the 5,318
division. 5,319
(G) Issue orders requiring compliance with any rule 5,321
adopted under division (E)(1) of this section or with section 5,322
1511.022 of the Revised Code. Before the chief issues an order, 5,323
he THE CHIEF shall afford each person allegedly liable an 5,324
adjudication hearing under Chapter 119. of the Revised Code. The 5,325
chief may require in an order that a person who has caused 5,326
agricultural pollution by failure to comply with the standards 5,327
established under division (E)(1) of this section operate under 5,328
an operation and management plan approved by the chief under this 5,329
125
section. The chief shall require in an order that a person who 5,330
has failed to comply with division (A) of section 1511.022 of the 5,331
Revised Code prepare a composting plan in accordance with rules 5,332
adopted under division (E)(10)(c) of this section and operate in 5,333
accordance with that plan or that a person who has failed to 5,334
operate in accordance with such a plan begin to operate in 5,335
accordance with it. Each order shall be issued in writing and 5,336
contain a finding by the chief of the facts upon which the order 5,337
is based and the standard that is not being met. 5,338
(H) Refrain from issuing any order requiring a pollution 5,340
abatement practice that is eligible for cost sharing under 5,341
division (E)(5) of this section unless public funds are available 5,342
for cost sharing on those practices at not less than seventy-five 5,343
per cent of the cost, but not more than fifteen thousand dollars 5,344
per person per year for practices for abating agricultural 5,345
pollution. The fifteen thousand dollar per person per year limit 5,346
may be waived by majority vote of the Ohio soil and water 5,347
conservation commission. 5,348
(I) Employ field assistants and such other employees as 5,350
are necessary for the performance of the work prescribed by 5,351
Chapter 1515. of the Revised Code, for performance of work of the 5,352
division, and as agreed to under working agreements or 5,353
contractual arrangements with local soil and water conservation 5,354
districts, prescribe their duties, and fix their compensation in 5,355
accordance with such schedules as are provided by law for the 5,356
compensation of state employees. 5,357
All employees of the division, unless specifically exempted 5,359
by law, shall be employed subject to the classified civil service 5,360
laws in force at the time of employment. 5,361
(J) In connection with new or relocated projects involving 5,363
highways, underground cables, pipelines, railroads, and other 5,364
improvements affecting soil and water resources, including 5,365
surface and subsurface drainage: 5,366
(1) Provide engineering service as is mutually agreeable 5,368
126
to the Ohio soil and water conservation commission and the 5,369
director to aid in the design and installation of soil and water 5,370
conservation practices as a necessary component of such projects; 5,371
(2) Maintain close liaison between the owners of lands on 5,373
which the projects are executed, local soil and water 5,374
conservation districts, and authorities responsible for such 5,375
projects; 5,376
(3) Review plans for such projects to ensure their 5,378
compliance with standards developed under division (E) of this 5,379
section in cooperation with the department of transportation or 5,380
with any other interested agency that is engaged in soil or water 5,381
conservation projects in the state in order to minimize adverse 5,382
impacts on soil and water resources adjacent to or otherwise 5,383
affected by these projects; 5,384
(4) Recommend measures to retard erosion and protect soil 5,386
and water resources through the installation of water impoundment 5,387
or other soil and water conservation practices; 5,388
(5) Cooperate with other agencies and subdivisions of the 5,390
state to protect the agricultural status of rural lands adjacent 5,391
to such projects and control adverse impacts on soil and water 5,392
resources. 5,393
(K) Collect, analyze, inventory, and interpret all 5,395
available information pertaining to the origin, distribution, 5,396
extent, use, and conservation of the soil resources of the state; 5,397
(L) Prepare and maintain up-to-date reports, maps, and 5,399
other materials pertaining to the soil resources of the state and 5,400
their use and make that information available to governmental 5,401
agencies, public officials, conservation entities, and the 5,402
public; 5,403
(M) Provide soil and water conservation districts with 5,405
technical assistance including on-site soil investigations and 5,406
soil interpretation reports on the suitability or limitations of 5,407
soil to support a particular use or to plan soil conservation 5,408
measures. The assistance shall be upon such terms as are 5,409
127
mutually agreeable to the districts and the department of natural 5,410
resources. 5,411
(N) Assist local government officials in utilizing land 5,413
use planning and zoning, current agricultural use value 5,414
assessment, development reviews, and land management activities; 5,415
(O) 5,417
(P) 5,419
(Q) 5,421
(R) 5,423
(S) 5,425
(P)(O) When necessary for the purposes of this chapter or 5,427
Chapter 1515. of the Revised Code, develop or approve operation 5,428
and management plans. 5,429
This section does not restrict the excrement of domestic or 5,431
farm animals defecated on land outside a concentrated animal 5,432
feeding operation or runoff therefrom into the waters of the 5,433
state. 5,434
Sec. 1511.022. (A) Any person who owns or operates an 5,443
agricultural operation, or owns the animals raised by the owner 5,444
or operator of an agricultural operation, and who wishes to 5,445
conduct composting of dead animals resulting from the 5,446
agricultural operation shall do both of the following: 5,447
(1) Participate in an educational course concerning 5,449
composting conducted by the Ohio cooperative extension service 5,450
and obtain a certificate of completion for the course; 5,451
(2) Use the appropriate method, technique, or practice of 5,453
composting established in rules adopted under division (E)(10) of 5,454
section 1511.02 of the Revised Code. 5,455
(B) Any person who fails to comply with division (A) of 5,457
this section shall prepare and operate under a composting plan in 5,458
accordance with an order issued by the chief of the division of 5,459
soil and water conservation under division (H) of section 1511.02 5,460
of the Revised Code. If the person's proposed composting plan is 5,461
disapproved by the board of supervisors of the appropriate soil 5,462
128
and water conservation district under division (T)(U)(3) of 5,463
section 1515.08 of the Revised Code, the person may appeal the 5,465
plan disapproval to the chief, who shall afford the person a 5,466
hearing. Following the hearing, the chief shall uphold the plan 5,467
disapproval or reverse it. If the chief reverses the 5,468
disapproval, the plan shall be deemed approved. 5,469
Sec. 1513.02. (A) The division of mines and reclamation 5,478
shall administer, enforce, and implement this chapter. The chief 5,479
of the division of mines and reclamation shall do all of the 5,480
following:
(1) Adopt, amend, and rescind rules: 5,482
(a) To administer and enforce this chapter; 5,484
(b) To implement the requirements of this chapter for the 5,486
reclamation of lands affected by coal mining, including such 5,487
rules governing mining practices and procedures, segregation and 5,488
placement of soil and topsoil, backfilling, grading, terracing, 5,489
resoiling, soil conditioning and reconditioning, planting, 5,490
establishment of drainage patterns, construction of impoundments, 5,491
and the construction, maintenance, and disposition of haul roads, 5,492
ditches, and dikes, as may be necessary or desirable, under 5,493
varying conditions of slope, drainage, physical and chemical 5,494
characteristics of soil and overburden, erodability of materials, 5,495
season, growth characteristics of plants, and other factors 5,496
affecting coal mining and reclamation, to facilitate the return 5,497
of the land to a condition required by this chapter; to prevent 5,498
pollution or substantial diminution of waters of the state, 5,499
substantial erosion, substantial deposition of sediment, 5,500
landslides, accumulation and discharge of acid water, and 5,501
flooding, both during mining and reclamation and thereafter; to 5,502
restore the recharge capacity of the mined area to approximate 5,503
premining conditions; and to ensure full compliance with all 5,504
requirements of this chapter relating to reclamation, and the 5,505
attainment of those objectives in the interest of the public 5,506
health, safety, and welfare to which these reclamation 5,507
129
requirements are directed; 5,508
(c) To meet the requirements of the "Surface Mining 5,510
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 5,511
1201. 5,512
(2) Issue orders to enforce this chapter and rules adopted 5,514
under it; 5,515
(3) Adopt rules for the internal management of the 5,517
division that do not affect private rights; 5,518
(4) Adopt programs, rules, and procedures designed to 5,520
assist the coal operator in this state with the permitting 5,521
process and complying with the environmental standards of this 5,522
chapter. Upon request of the applicant for a permit, the chief 5,523
shall make a determination of the probable hydrologic 5,524
consequences required in division (B)(2)(k) of section 1513.07 of 5,525
the Revised Code within sixty days after a permit has been 5,526
submitted to the division for those applications requesting the 5,527
chief to perform the study. The chief shall perform the chemical 5,528
analysis of test borings or core samplings for operators who have 5,529
a total annual production of coal at all locations that does not 5,530
exceed one hundred thousand tons. 5,531
(5) Adopt programs, rules, and procedures designed to 5,533
ensure that reclamation is performed on operations for which the 5,534
performance bond has been forfeited pursuant to section 1513.16 5,535
of the Revised Code. For this purpose, the chief may transfer up 5,536
to one million dollars annually from the coal mining 5,537
administration and reclamation reserve fund, created in section 5,538
1513.181 of the Revised Code, to the reclamation supplemental 5,539
forfeiture fund, created in section 1513.18 of the Revised Code.; 5,540
(6) Receive, administer, and expend moneys obtained from 5,542
the United States department of the interior and other federal 5,543
agencies to implement the state's permanent coal regulatory 5,544
program; 5,545
(7)(a) REGULATE THE BENEFICIAL USE OF COAL COMBUSTION 5,548
BYPRODUCTS AT COAL MINING AND RECLAMATION OPERATIONS AND 5,549
130
ABANDONED MINE LANDS THAT ARE REGULATED UNDER THIS CHAPTER AND 5,550
RULES ADOPTED UNDER IT. THE BENEFICIAL USE OF COAL COMBUSTION 5,551
BYPRODUCTS AT SUCH COAL MINING AND RECLAMATION OPERATIONS AND 5,552
ABANDONED MINE LANDS IS SUBJECT TO ALL APPLICABLE PERFORMANCE 5,553
STANDARDS AND REQUIREMENTS ESTABLISHED UNDER THIS CHAPTER AND 5,554
RULES ADOPTED UNDER IT, INCLUDING, WITHOUT LIMITATION, STANDARDS 5,555
AND REQUIREMENTS ESTABLISHED UNDER SECTION 1513.16 OF THE REVISED 5,556
CODE AND RULES ADOPTED PURSUANT TO IT. 5,558
THE BENEFICIAL USE OF COAL COMBUSTION BYPRODUCTS THAT IS 5,560
AUTHORIZED AT COAL MINING AND RECLAMATION OPERATIONS AND 5,561
ABANDONED MINE LANDS THAT ARE REGULATED UNDER THIS CHAPTER AND 5,562
RULES ADOPTED UNDER IT IS NOT SUBJECT TO THE FOLLOWING PROVISIONS 5,564
OF CHAPTERS 3734. AND 6111. OF THE REVISED CODE AND RULES ADOPTED 5,566
UNDER THOSE PROVISIONS: 5,567
(i) PERMIT AND LICENSE REQUIREMENTS FOR SOLID WASTE 5,570
FACILITIES ESTABLISHED UNDER SECTIONS 3734.02 AND 3734.05 OF THE 5,571
REVISED CODE; 5,572
(ii) THE PROHIBITION AGAINST THE OPEN DUMPING OF SOLID 5,575
WASTES ESTABLISHED IN SECTION 3734.03 OF THE REVISED CODE; 5,577
(iii) SOLID WASTE GENERATION AND DISPOSAL FEES ESTABLISHED 5,580
UNDER SECTIONS 3734.57 TO 3734.574 OF THE REVISED CODE; 5,582
(iv) PERMIT TO INSTALL AND PLAN APPROVAL REQUIREMENTS 5,585
ESTABLISHED UNDER SECTIONS 6111.03, 6111.44, AND 6111.45 OF THE 5,586
REVISED CODE. 5,587
NOTHING IN DIVISION (A)(7) OF THIS SECTION SHALL BE 5,590
CONSTRUED TO LIMIT ANY OTHER REQUIREMENTS THAT ARE APPLICABLE TO 5,591
THE BENEFICIAL USE OF COAL COMBUSTION BYPRODUCTS AND THAT ARE 5,592
ESTABLISHED UNDER CHAPTER 3704., 3714., 3734., OR 6111. OF THE 5,595
REVISED CODE OR UNDER LOCAL OR FEDERAL LAWS, INCLUDING, WITHOUT 5,597
LIMITATION, REQUIREMENTS GOVERNING AIR POLLUTION CONTROL PERMITS, 5,598
HAZARDOUS WASTE, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 5,599
PERMITS, AND SECTION 401 WATER QUALITY CERTIFICATIONS. 5,600
(b) AS USED IN DIVISION (A)(7) OF THIS SECTION: 5,603
(i) "COAL COMBUSTION BYPRODUCTS" MEANS FLY ASH, BOTTOM 5,606
131
ASH, COAL SLAG, FLUE GAS DESULPHURIZATION AND FLUIDIZED BED 5,607
COMBUSTION BYPRODUCTS, AIR OR WATER POLLUTION CONTROL RESIDUES 5,608
FROM THE OPERATION OF A COAL-FIRED ELECTRIC OR STEAM GENERATION 5,609
FACILITY, AND ANY MATERIAL FROM A CLEAN COAL TECHNOLOGY 5,610
DEMONSTRATION PROJECT OR OTHER INNOVATIVE PROCESS AT A COAL-FIRED 5,611
ELECTRIC OR STEAM GENERATION FACILITY.
(ii) "BENEFICIAL USE" MEANS THE USE OF COAL COMBUSTION 5,614
BYPRODUCTS IN A MANNER THAT IS NOT EQUIVALENT TO THE 5,615
ESTABLISHMENT OF A DISPOSAL SYSTEM OR A SOLID WASTE DISPOSAL 5,616
FACILITY AND THAT IS UNLIKELY TO AFFECT HUMAN HEALTH OR SAFETY OR 5,617
THE ENVIRONMENT ADVERSELY OR TO DEGRADE THE EXISTING QUALITY OF 5,618
THE LAND, AIR, OR WATER. "BENEFICIAL USE" INCLUDES, WITHOUT 5,619
LIMITATION, LAND APPLICATION USES FOR AGRONOMIC VALUE; LAND 5,620
RECLAMATION USES; AND DISCRETE, CONTROLLED USES FOR STRUCTURAL 5,621
FILL, PAVEMENT AGGREGATE, PIPE BEDDING AGGREGATE, MINE SEALING, 5,622
ALTERNATIVE DRAINAGE OR CAPPING MATERIAL, AND PILOT DEMONSTRATION 5,623
PROJECTS.
(iii) "STRUCTURAL FILL" MEANS THE DISCRETE, CONTROLLED USE 5,626
OF A COAL COMBUSTION BYPRODUCT AS A SUBSTITUTE FOR A CONVENTIONAL 5,627
AGGREGATE, RAW MATERIAL, OR SOIL UNDER OR IMMEDIATELY ADJACENT TO 5,628
A BUILDING OR STRUCTURE. "STRUCTURAL FILL" DOES NOT INCLUDE USES 5,629
THAT INVOLVE GENERAL FILLING OR GRADING OPERATIONS OR VALLEY 5,630
FILLS.
(iv) "PAVEMENT AGGREGATE" MEANS THE DISCRETE, CONTROLLED 5,633
USE OF A COAL COMBUSTION BYPRODUCT AS A SUBBASE MATERIAL OR 5,634
DRAINAGE LAYER UNDER OR IMMEDIATELY ADJACENT TO A PAVED ROAD OR A 5,635
PAVED PARKING LOT WHERE THE COAL COMBUSTION BYPRODUCT IS A 5,636
SUBSTITUTE FOR A CONVENTIONAL AGGREGATE, RAW MATERIAL, OR SOIL. 5,637
(v) "PIPE BEDDING AGGREGATE" MEANS THE DISCRETE, 5,640
CONTROLLED USE OF A COAL COMBUSTION BYPRODUCT AS A SUBSTITUTE FOR 5,641
A CONVENTIONAL AGGREGATE, RAW MATERIAL, OR SOIL UNDER, AROUND, OR 5,642
IMMEDIATELY ADJACENT TO A WATER, SEWER, OR OTHER PIPELINE. 5,643
(vi) "COAL-FIRED ELECTRIC OR STEAM GENERATION FACILITY" 5,646
INCLUDES ANY BOILER THAT IS FIRED WITH COAL OR WITH COAL IN 5,647
132
COMBINATION WITH PETROLEUM COKE, OIL, NATURAL GAS, OR ANY OTHER 5,648
FOSSIL FUEL.
(vii) "SOLID WASTE DISPOSAL FACILITY" MEANS A FACILITY FOR 5,651
THE DISPOSAL OF SOLID WASTES AS PROVIDED IN CHAPTER 3734. OF THE 5,652
REVISED CODE AND RULES ADOPTED UNDER IT. 5,655
(viii) "DISPOSAL SYSTEM" HAS THE SAME MEANING AS IN 5,658
SECTION 6111.01 OF THE REVISED CODE. 5,660
(B) The chief, by rule, may designate as unsuitable for 5,662
coal mining natural areas maintained on the registry of natural 5,663
areas of the department of natural resources pursuant to that 5,664
chapter CHAPTER 1517. OF THE REVISED CODE, wild, scenic, or 5,666
recreational river areas designated pursuant to Chapter 1501. of 5,667
the Revised Code THAT CHAPTER, publicly owned or dedicated parks, 5,668
and other areas of unique and irreplaceable natural beauty or 5,669
condition, or areas within specified distances of a public road, 5,670
occupied dwelling, public building, school, church, community, or 5,671
institutional building, public park, or cemetery. Such a 5,672
designation may include land adjacent to the perimeters of those 5,673
areas that may be necessary to protect their integrity. 5,674
(C)(1) The adoption, amendment, and rescission of rules 5,676
under divisions (A)(1) and (B) of this section are subject to 5,677
Chapter 119. of the Revised Code. 5,678
(2) The issuance of orders under division (A)(2) of this 5,680
section and appeals therefrom are not governed by or subject to 5,681
Chapter 119. of the Revised Code, but are governed by this 5,682
chapter. 5,683
(D)(1) When the chief or an authorized representative of 5,685
the chief determines that any condition or practice exists or 5,686
that any permittee is in violation of any requirement of this 5,687
chapter or any permit condition required by this chapter, which 5,688
condition, practice, or violation creates an imminent danger to 5,689
the health or safety of the public or is causing, or can 5,690
reasonably be expected to cause, significant, imminent 5,691
environmental harm to land, air, or water resources, the chief or 5,692
133
the authorized representative immediately shall order the 5,693
cessation of coal mining and reclamation operations or the 5,694
portion thereof relevant to the condition, practice, or 5,695
violation. The cessation order shall remain in effect until the 5,696
chief or the authorized representative determines that the 5,697
condition, practice, or violation has been abated or until the 5,698
order is modified, vacated, or terminated by the chief or the 5,699
authorized representative pursuant to division (D)(4) of this 5,700
section or by the reclamation commission pursuant to section 5,701
1513.13 of the Revised Code. When the chief or an THE authorized 5,703
representative of the chief finds that the ordered cessation of 5,704
coal mining and reclamation operations or any portion thereof 5,705
will not completely abate the imminent danger to the health or 5,706
safety of the public or the significant, imminent environmental 5,707
harm to land, air, or water resources, the chief or the 5,708
authorized representative, in addition to the cessation order, 5,709
shall order the operator to take whatever steps the chief or the 5,710
authorized representative considers necessary to abate the 5,711
imminent danger or the significant environmental harm. 5,712
(2) When the chief or an authorized representative of the 5,715
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 5,716
this chapter, but the violation does not create an imminent 5,717
danger to the health or safety of the public or cannot reasonably 5,718
be expected to cause significant, imminent environmental harm to 5,719
land, air, or water resources, the chief or the authorized 5,720
representative shall issue a notice of violation to the person or 5,722
the person's agent fixing a reasonable time for the abatement of 5,723
the violation, provided that the time afforded a person to abate 5,725
the violation shall not exceed the time limitations prescribed by 5,726
the secretary of the interior in 30 C.F.R. Part 843 for an 5,727
approvable state regulatory program under the "Surface Mining 5,728
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 5,729
1201.
134
If, upon expiration of the period of time as originally 5,731
fixed or subsequently extended for good cause shown and upon the 5,732
written finding of the chief or an THE authorized representative 5,733
of the chief, the chief or the authorized representative finds 5,735
that the violation has not been abated, the chief or the 5,736
authorized representative immediately shall order the cessation 5,738
of coal mining and reclamation operations or the portion thereof 5,739
relevant to the violation. The cessation order shall remain in 5,740
effect until the chief or the authorized representative 5,741
determines that the violation has been abated or until the order 5,742
is modified, vacated, or terminated by the chief or the 5,743
authorized representative pursuant to division (D)(4) of this 5,745
section or by the reclamation commission pursuant to section 5,747
1513.13 of the Revised Code. In a cessation order issued under 5,748
this division (D)(2) OF THIS SECTION, the chief or the authorized 5,749
representative shall prescribe the steps necessary to abate the 5,751
violation in the most expeditious manner possible. 5,752
(3) When in the judgment of the chief or an authorized 5,754
representative of the chief a pattern of violations of any 5,755
requirements of this chapter or any permit conditions required by 5,757
this chapter exists or has existed and the violations are caused 5,758
by the unwarranted failure of the permittee to comply with any 5,759
requirements of this chapter or any permit conditions or are 5,760
willfully caused by the permittee, the chief or the authorized 5,762
representative immediately shall issue an order to the permittee 5,763
to show cause why the permit should not be suspended or revoked. 5,764
If a hearing is requested, the chief shall inform all interested 5,765
parties of the time and place of the hearing and conduct the 5,766
hearing pursuant to division (D) of section 1513.13 of the 5,767
Revised Code. Upon the permittee's failure to show cause why the 5,769
permit should not be suspended or revoked, the chief or the 5,770
authorized representative immediately shall suspend or revoke the 5,772
permit.
(4) Notices of violation and orders issued pursuant to 5,774
135
this section shall set forth with reasonable specificity the 5,775
nature of the violation and the remedial action required, the 5,776
period of time established for abatement, and a reasonable 5,777
description of the portion of the coal mining and reclamation 5,778
operation to which the notice or order applies. Each notice or 5,779
order issued under this section shall be given promptly to the 5,780
alleged violator or the agent of the alleged violator by the 5,782
chief or the AN authorized representative of the chief who issues 5,783
the notice or order. Notices and orders shall be in writing and 5,784
shall be signed by the chief or the authorized representatives 5,785
REPRESENTATIVE and may be modified, vacated, or terminated by the 5,787
chief or the authorized representative. Any notice or order 5,788
issued pursuant to this section that requires cessation of mining 5,789
by the operator shall expire within thirty days after actual 5,790
notice to the operator unless a public hearing pursuant to 5,791
section 1513.13 of the Revised Code is held at the site or within 5,792
such reasonable proximity to the site that any viewings of the 5,793
site can be conducted during the course of the public hearing. 5,794
(E) The chief may appoint, under section 121.13 of the 5,796
Revised Code, an advisory committee of experts in the fields of 5,797
hydrology, soil conservation, historic preservation, and related 5,798
fields to provide advice on coal mining and reclamation 5,800
practices, the environmental impact of coal mining, the adoption 5,801
of rules, the approval of plans, and the issuance of permits 5,802
under section 1513.07 of the Revised Code. 5,803
(F)(1) A person who violates a permit condition or any 5,805
other provision of this chapter may be assessed a civil penalty 5,806
by the chief, except that if the violation leads to the issuance 5,807
of a cessation order under division (D) of this section, the 5,808
civil penalty shall be assessed for each day until the person 5,809
initiates the necessary corrective steps. The penalty shall not 5,810
exceed five thousand dollars for each violation. Each day of 5,811
continuing violation may be deemed a separate violation for 5,812
purposes of penalty assessments. In determining the amount of 5,813
136
the penalty, consideration shall be given to the person's history 5,814
of previous violation at the particular coal mining operation; 5,815
the seriousness of the violation, including any irreparable harm 5,816
to the environment and any hazard to the health or safety of the 5,817
public; whether the person was negligent; and the demonstrated 5,818
diligence of the person charged in attempting to achieve rapid 5,819
compliance after notification of the violation. 5,820
(2) A civil penalty shall be assessed by the chief only 5,822
after the person charged with a violation under division (F)(1) 5,823
of this section has been given an opportunity for a public 5,824
hearing. If a person charged with such a violation fails to 5,825
avail self of the opportunity for a public hearing, a civil 5,827
penalty shall be assessed by the chief after the chief has
determined that a violation did occur, and the amount of the 5,828
penalty which THAT is warranted, and has issued an order 5,829
requiring that the penalty be paid. 5,831
(3) Upon the issuance of a notice or order charging that a 5,833
violation of this chapter has occurred, the chief shall inform 5,834
the operator within thirty days of the proposed amount of the 5,835
penalty and provide opportunity for an adjudicatory hearing 5,836
pursuant to section 1513.13 of the Revised Code. The person 5,837
charged with the penalty then shall have thirty days to pay the 5,838
proposed penalty in full or, if the person wishes to contest 5,839
either the amount of the penalty or the fact of the violation, 5,840
file a petition for review of the proposed assessment with the 5,841
secretary of the reclamation commission pursuant to section 5,843
1513.13 of the Revised Code. If, after the hearing, the 5,844
commission affirms or modifies the proposed amount of the 5,846
penalty, the person charged with the penalty then shall have 5,847
thirty days after receipt of the written decision to pay the 5,848
amount in full or file an appeal with the court of appeals in 5,849
accordance with section 1513.14 of the Revised Code. At the time 5,850
the petition for review of the proposed assessment is filed with 5,851
the secretary, the person shall forward the amount of the penalty 5,852
137
to the secretary for placement in the reclamation penalty fund, 5,853
which is hereby created. The fund shall be in the custody of the 5,854
treasurer of state, but shall not be a part of the state 5,855
treasury. Pursuant to administrative or judicial review of the 5,856
penalty, the secretary, within thirty days, shall remit the 5,857
appropriate amount of the penalty to the person, with interest, 5,858
if it is determined that no violation occurred or that the amount 5,859
of the penalty should be reduced, and the secretary SHALL forward 5,860
the balance of the penalty or, if the penalty was not reduced, 5,862
the entire amount of the penalty, with interest, to the chief for 5,863
deposit in the coal mining administration and reclamation reserve 5,864
fund created in section 1513.181 of the Revised Code. Failure to 5,865
forward the money to the secretary within thirty days after the 5,866
chief informs the operator of the proposed amount of the penalty 5,867
shall result in a waiver of all legal rights to contest the 5,868
violation or the amount of the penalty. Within fifteen days 5,869
after being informed of the penalty, the person charged with the 5,870
penalty may request in writing an informal assessment conference 5,871
to review the amount of the penalty. The conference shall be 5,872
presided over by the chief or someone AN INDIVIDUAL appointed by 5,873
the chief other than the inspector that issued the notice of 5,875
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 5,876
conferences. Time allowed for payment of the penalty or appeal 5,877
to the commission shall be tolled while the penalty is being 5,879
reviewed in an informal conference. 5,880
(4) An operator who fails to correct a violation for which 5,882
a notice of violation or order has been issued under division (D) 5,883
of this section within the period permitted for its correction 5,884
shall be assessed a civil penalty of not less than seven hundred 5,885
fifty dollars for each day during which the failure or violation 5,886
continues. However, a civil penalty shall not be assessed under 5,887
this division (F)(4) OF THIS SECTION if the commission orders the 5,889
suspension of the abatement requirement after determining, based 5,891
138
upon the findings of an expedited hearing held under section 5,892
1513.13 of the Revised Code at the request of the operator, that 5,893
the operator will suffer irreparable loss or damage from the 5,894
application of the abatement requirement or if the court orders 5,895
suspension of the abatement requirement pursuant to review 5,896
proceedings held under section 1513.14 of the Revised Code at the 5,897
request of the operator.
(G) The chief may enter into a cooperative agreement with 5,899
the secretary of the interior to provide for state regulation of 5,900
coal mining and reclamation operations on federal lands within 5,901
the state. 5,902
(H) The chief may prohibit augering if necessary to 5,904
maximize the utilization, recoverability, or conservation of the 5,905
solid fuel resources or to protect against adverse water quality 5,906
impacts. 5,907
(I) The chief shall transmit copies of all schedules 5,909
submitted under section 1513.07 of the Revised Code pertaining to 5,910
violations of air or water quality laws and rules adopted and 5,911
orders issued thereunder UNDER THOSE LAWS in connection with coal 5,913
mining operations to the director of environmental protection for 5,914
verification. 5,915
(J) For the purposes of sections 1513.18, 1513.24, 5,917
1513.37, and 1514.06 of the Revised Code, the chief triennially 5,918
shall determine the average wage rate for companies performing 5,919
reclamation work for the division under those sections by 5,920
averaging the wage rate paid by all companies performing such 5,921
reclamation work during the three years immediately preceding the 5,923
determination. However, in making the initial determination 5,924
under this division, the chief shall average the wage rate paid 5,925
by all companies performing such reclamation work during the ten 5,926
years immediately preceding October 29, 1995. 5,928
Sec. 1513.18. (A) All money that becomes the property of 5,938
the state under divisions (A) to DIVISION (G) of section 1513.16 5,939
of the Revised Code shall be deposited in the reclamation 5,941
139
forfeiture fund, which is hereby created in the state treasury. 5,942
Disbursements from the fund shall be made by the chief of the 5,943
division of mines and reclamation only for the purpose of 5,944
reclaiming areas of land affected by coal mining under a coal 5,945
mining and reclamation permit issued on or after September 1, 5,946
1981, on which an operator has defaulted. 5,947
(B) All cash that becomes the property of the state under 5,949
division (H) of section 1513.16 of the Revised Code shall be 5,950
deposited in the defaulted areas RECLAMATION SUPPLEMENTAL 5,951
FORFEITURE fund, which is hereby created in the state treasury. 5,952
THE FUND SHALL CONSIST OF ALL MONEYS SO DEPOSITED, ANY MONEYS 5,954
TRANSFERRED TO IT UNDER THIS DIVISION FROM THE UNRECLAIMED LANDS 5,955
FUND CREATED IN SECTION 1513.30 OF THE REVISED CODE, ANY MONEYS 5,957
TRANSFERRED TO IT UNDER SECTION 1513.181 OF THE REVISED CODE FROM 5,960
THE COAL MINING AND RECLAMATION RESERVE FUND CREATED IN THAT 5,961
SECTION, AND MONEYS COLLECTED AND CREDITED TO IT PURSUANT TO 5,962
SECTION 5749.02 OF THE REVISED CODE. Disbursements from the fund 5,965
shall be made by the chief only for the purpose of reclaiming 5,966
areas of land affected by coal mining under a permit issued under 5,967
this chapter after April 10, 1972, but before September 1, 1981, 5,968
on which an operator has defaulted. The THAT AN OPERATOR HAS 5,970
AFFECTED BY MINING AND FAILED TO RECLAIM UNDER A COAL MINING AND 5,971
RECLAMATION PERMIT ISSUED UNDER THIS CHAPTER OR UNDER A SURFACE 5,972
MINING PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE. 5,975
THE CHIEF'S PRIORITY FOR MANAGEMENT OF THE FUND, INCLUDING THE 5,976
SELECTION OF PROJECTS AND TRANSFER OF MONEYS, SHALL BE TO ENSURE 5,977
THAT SUFFICIENT MONEYS ARE AVAILABLE FOR THE RECLAMATION OF AREAS 5,978
AFFECTED BY MINING UNDER A COAL MINING AND RECLAMATION PERMIT. 5,979
THE chief may expend moneys from the defaulted areas fund 5,982
to pay necessary administrative costs, including engineering and 5,983
design services, incurred by the division in reclaiming these 5,984
areas. EXPENDITURES FROM THE FUND TO PAY SUCH ADMINISTRATIVE 5,985
COSTS NEED NOT BE MADE UNDER CONTRACT. 5,986
AS MONEYS ARE SPENT FROM THE FUND, THE DIRECTOR OF BUDGET 5,989
140
AND MANAGEMENT, UPON THE CERTIFICATION OF THE CHIEF, SHALL 5,990
TRANSFER ADDITIONAL MONEYS FROM THE UNRECLAIMED LANDS FUND
CREATED IN SECTION 1513.30 OF THE REVISED CODE THAT THE CHIEF 5,993
REQUESTS, PROVIDED THAT THE DIRECTOR SHALL NOT TRANSFER MORE THAN 5,994
ONE MILLION DOLLARS FROM THE UNRECLAIMED LANDS FUND TO THE 5,995
RECLAMATION SUPPLEMENTAL FORFEITURE FUND DURING ANY FISCAL YEAR. 5,997
(C) Except when paying necessary administrative costs 5,999
authorized by division (B) of this section, expenditures from 6,000
either fund shall be made under contracts entered into by the 6,001
chief, with the approval of the director of natural resources, in 6,002
accordance with procedures established by the chief, by rules 6,003
adopted in accordance with section 1513.02 of the Revised Code. 6,004
The chief may reclaim the land in the same manner as set forth in 6,005
sections 1513.21 to 1513.24 of the Revised Code. Each contract 6,006
awarded by the chief shall be awarded to the lowest responsive 6,007
and responsible bidder, in accordance with section 9.312 of the 6,008
Revised Code, after sealed bids are received, opened, and 6,009
published at the time and place fixed by the chief. The chief 6,010
shall publish notice of the time and place at which bids will be 6,011
received, opened, and published, at least once and at least ten 6,012
days before the date of the opening of the bids, in a newspaper 6,013
of general circulation in the county in which the area of land to 6,014
be reclaimed under the contract is located. If, after 6,015
advertising, no bids are received by the chief at the time and 6,016
place fixed for receiving them, the chief may advertise again for 6,017
bids, or, if he THE CHIEF considers the public interest will best 6,019
be served, he THE CHIEF may enter into a contract for the 6,020
reclamation of the area of land without further advertisement for 6,022
bids. The chief may reject any or all bids received and again 6,023
publish notice of the time and place at which bids for contracts 6,024
will be received, opened, and published. The chief, with the 6,025
approval of the director, may enter into a contract with the 6,026
landowner, a coal mine operator or surface mine operator mining 6,027
under a current, valid permit issued under this chapter or 6,028
141
Chapter 1514. of the Revised Code, or a contractor hired by the 6,030
surety to complete reclamation to carry out reclamation on land 6,031
affected by coal mining on which an operator has defaulted
without advertising for bids. 6,032
(D) There is hereby created the reclamation supplemental 6,034
forfeiture fund in the state treasury, to be used by the chief to 6,036
reclaim areas that any operator has affected by mining and failed 6,037
to reclaim under a coal mining and reclamation permit issued on 6,039
or after September 1, 1981. The chief's priority for management 6,040
of the fund, including the selection of projects and transfer of
moneys, shall be to ensure that sufficient moneys are available 6,041
for reclamation of such areas. 6,042
The chief may expend moneys from the fund to pay necessary 6,044
administrative costs, including engineering and design services, 6,045
incurred by the division in reclaiming these areas. Expenditures 6,046
from the fund to pay such administrative costs need not be made 6,047
under contract. As moneys are spent from the fund, the director 6,048
of budget and management, upon the certification of the chief,
shall transfer such additional moneys from the unreclaimed lands 6,049
fund created in section 1513.30 of the Revised Code as are needed 6,050
to keep the balance of the reclamation supplemental forfeiture 6,051
fund at two million dollars, provided that the director shall not 6,052
transfer more than one million dollars to that fund during any 6,053
fiscal year.
(E) If the amount of money credited to the reclamation 6,055
forfeiture fund from the forfeiture of the bond applicable to the 6,056
area of land is not sufficient to pay the cost of doing all of 6,057
the reclamation work on land that the operator should have done, 6,058
but failed to do under a coal mining and reclamation permit 6,059
issued on or after September 1, 1981, the chief may expend from 6,060
THE MONEYS CREDITED TO the reclamation supplemental forfeiture 6,061
fund created in this UNDER section 5749.02 OF THE REVISED CODE OR 6,065
TRANSFERRED TO THE FUND UNDER DIVISION (B) OF THIS SECTION OR 6,067
UNDER SECTION 1513.181 OF THE REVISED CODE the amount of money 6,070
142
necessary to complete the reclamation work to the standards 6,071
required by this chapter. 6,072
(F) If the amount of money credited to the defaulted areas 6,074
fund from the forfeiture of the bond applicable to the area of 6,075
land is not sufficient to pay the cost of doing all of the 6,076
reclamation work on land that the operator should have done, but 6,077
failed to do under a permit issued under this chapter after April 6,078
10, 1972, but before September 1, 1981, the chief may expend the 6,079
additional amount of money necessary to complete the reclamation 6,080
work to the standards required by this chapter from moneys 6,081
credited to the fund under Chapter 5749. of the Revised Code or 6,082
transferred to the fund under section 1513.181 of the Revised 6,083
Code. 6,084
(G)(E) The chief shall keep a detailed accounting of the 6,086
expenditures from the reclamation supplemental forfeiture fund 6,087
and of the additional expenditures from the defaulted areas fund 6,088
to complete reclamation of the land and, upon completion of the 6,089
reclamation, shall certify the expenditures to the attorney 6,090
general. Upon the chief's certification of the expenditures from 6,091
the reclamation supplemental forfeiture fund or the additional 6,092
expenditures from the defaulted areas fund, the attorney general 6,093
shall bring an action for that amount of money. The operator is 6,094
liable for such THAT expense in addition to any other liabilities 6,096
imposed by law. Moneys so recovered shall be credited to the 6,097
reclamation supplemental forfeiture fund or the defaulted areas 6,098
fund, as appropriate. The chief shall not postpone the 6,099
reclamation because of any action brought by the attorney general 6,100
under this division. Prior to completing reclamation, the chief 6,101
may collect through the attorney general any additional amount 6,102
that the chief believes will be necessary for reclamation in 6,103
excess of the forfeited bond amount applicable to the land that 6,104
the operator should have, but failed to, reclaim. 6,105
(H)(F) If any part of the moneys in the reclamation 6,107
forfeiture fund remains in the fund after the chief has caused 6,109
143
the area of land to be reclaimed and has paid all the reclamation 6,110
costs and expenses, the chief may expend those moneys to complete 6,111
other reclamation work performed under this section on forfeiture 6,112
areas affected under a coal mining and reclamation permit issued 6,113
on or after September 1, 1981. 6,114
(I) If any part of the moneys in the defaulted areas fund 6,116
remains in the fund after the chief has caused the area of land 6,118
to be reclaimed and has paid all the reclamation costs and 6,119
expenses, the chief may expend those moneys to complete other 6,120
reclamation work performed under this section on forfeiture areas 6,121
affected under a coal mining and reclamation permit issued after
April 10, 1972, but before September 1, 1981. 6,122
(J)(G) The chief shall require every contractor performing 6,124
reclamation work pursuant to this section to pay workers at the 6,125
greater of their regular rate of pay, as established by contract, 6,126
agreement, or prior custom or practice, or the average wage rate 6,127
paid in this state for the same or similar work as determined by 6,128
the chief under section 1513.02 of the Revised Code. 6,129
Sec. 1513.181. There is hereby created in the state 6,138
treasury the coal mining administration and reclamation reserve 6,139
fund. The fund shall be used for the administration and 6,140
enforcement of this chapter. The chief of the division of mines 6,142
and reclamation shall expend the balance of moneys paid into the
fund in accordance with MAY TRANSFER NOT MORE THAN ONE MILLION 6,144
DOLLARS ANNUALLY FROM THE FUND TO THE RECLAMATION SUPPLEMENTAL 6,145
FORFEITURE FUND CREATED IN section 1513.18 of the Revised Code to 6,147
complete reclamation of lands affected by coal mining under a 6,148
permit issued under this chapter after April 10, 1972, but before 6,149
September 1, 1981, OR BY SURFACE MINING UNDER A SURFACE MINING 6,150
PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE, that the 6,151
operator failed to reclaim and for which the operator's bond is 6,154
insufficient to complete the reclamation. Within ten days before 6,155
or after the beginning of each calendar quarter, the chief shall 6,156
certify to the director of budget and management the amount of 6,157
144
money needed to perform such reclamation during the quarter for 6,158
transfer from the coal mining administration and reclamation 6,159
reserve fund to the defaulted areas RECLAMATION SUPPLEMENTAL 6,160
FORFEITURE fund created in division (B) of section 1513.18 of the 6,161
Revised Code. The total amount of such transfers during a fiscal 6,162
year shall not exceed the amount of moneys paid into the coal 6,163
mining administration and reclamation reserve fund not used for 6,164
administration and enforcement of this chapter. 6,165
Fines collected under division (F) of section 1513.02 and 6,167
section 1513.99 of the Revised Code, and fines collected for a 6,168
violation of section 2921.31 of the Revised Code that, prior to 6,169
the effective date of this amendment JULY 1, 1996, would have 6,170
been a violation of division (G) of section 1513.17 of the 6,171
Revised Code as it existed prior to that date, shall be paid into 6,172
the coal mining administration and reclamation reserve fund. 6,173
Sec. 1513.20. The chief of the division of mines and 6,182
reclamation, with the approval of the director of natural 6,184
resources, may purchase or acquire by gift, donation, or 6,185
contribution any eroded land, including land affected by strip
mining, for which no cash is held in the strip mining reclamation 6,186
FORFEITURE fund created by section 1513.18 of the Revised Code. 6,188
For this purpose the chief may expend moneys deposited in the 6,189
unreclaimed lands fund created by section 1513.30 of the Revised 6,190
Code. All lands purchased or acquired shall be deeded to the
state, but no deed shall be accepted or the purchase price paid 6,191
until the title has been approved by the attorney general. 6,192
Sec. 1513.30. There is hereby created in the state 6,201
treasury the unreclaimed lands fund, to be administered by the 6,202
chief of the division of mines and reclamation and used for the 6,203
purpose of reclaiming land, public or private land, affected by 6,204
mining or controlling mine drainage, for which no cash is held in 6,205
the strip mining reclamation FORFEITURE fund created in section 6,206
1513.18 of the Revised Code or the surface mining reclamation 6,208
fund created in section 1514.06 of the Revised Code, and also for 6,209
145
the purpose of paying the expenses and compensation of the 6,210
council on unreclaimed strip mined lands as required by section 6,211
1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 6,213
fund toward reclamation projects that fulfill priority needs and 6,214
provide the greatest public benefits, the chief shall 6,215
periodically SHALL submit to the council project proposals to be 6,217
financed from the unreclaimed lands fund, together with benefit 6,218
and cost data and other pertinent information. For the purpose 6,219
of selecting project areas and determining the boundaries of 6,220
project areas, the council shall consider the feasibility, cost, 6,221
and public benefits of reclaiming the areas, their potential for 6,222
being mined, the availability of federal or other financial 6,223
assistance for reclamation, and the geographic distribution of 6,224
project areas to ensure fair distribution among affected areas. 6,225
The council shall give priority to areas where there is 6,227
little or no likelihood that the area will be mined OF MINING 6,228
within the foreseeable future, reclamation is feasible at 6,230
reasonable cost with available funds, and either of the following 6,231
applies:
(A) The pollution of the waters of the state and damage to 6,233
adjacent property are most severe and widespread.; 6,234
(B) Reclamation will make possible public uses for soil, 6,236
water, forest, or wildlife conservation or public recreation 6,237
purposes, will facilitate orderly commercial or industrial site 6,238
development, or will facilitate the use or improve the enjoyment 6,239
of nearby public conservation or recreation lands. 6,240
At least two weeks before any meeting of the council on 6,242
unreclaimed strip mined lands at which the chief will submit a 6,243
project proposal, a project area will be selected, or the 6,244
boundaries of a project area will be determined, the chief shall 6,245
mail notice by first class mail to the board of county 6,246
commissioners of the county and the board of township trustees of 6,247
the township in which the proposed project lies and the chief 6,248
146
executive and the legislative authority of each municipal 6,249
corporation within the proposed project area. The chief also 6,251
shall give reasonable notice to the news media in the county
where the proposed project lies. 6,252
Expenditures from the unreclaimed lands fund for 6,254
reclamation projects may be made only for projects that are 6,255
within the boundaries of project areas approved by the council, 6,256
and expenditures for a particular project may not exceed any 6,257
applicable limits set by the council. Expenditures from the 6,258
unreclaimed lands fund shall be made by the chief, with the 6,259
approval of the director of natural resources. 6,260
The controlling board may transfer excess funds from the 6,262
oil and gas well plugging fund, after recommendation by the 6,263
council on unreclaimed strip mined lands, to meet deficiencies in 6,264
the unreclaimed lands fund. 6,265
The chief may expend an amount not to exceed twenty per 6,267
cent of the moneys credited annually by the treasurer of state to 6,268
the unreclaimed lands fund for the purpose of administering the 6,269
unreclaimed lands fund. 6,270
THE CHIEF MAY ENGAGE IN COOPERATIVE PROJECTS UNDER THIS 6,272
SECTION WITH ANY AGENCY OF THE UNITED STATES, APPROPRIATE STATE 6,273
AGENCIES, OR STATE UNIVERSITIES OR COLLEGES AS DEFINED IN SECTION 6,274
3345.27 OF THE REVISED CODE AND MAY TRANSFER MONEY FROM THE FUND, 6,275
WITH THE APPROVAL OF THE COUNCIL, TO OTHER APPROPRIATE STATE 6,276
AGENCIES OR TO STATE UNIVERSITIES OR COLLEGES IN ORDER TO CARRY 6,277
OUT THE RECLAMATION ACTIVITIES AUTHORIZED BY THIS SECTION.
Sec. 1513.37. (A) There is hereby created in the state 6,286
treasury the abandoned mine reclamation fund, which shall be 6,287
administered by the chief of the division of mines and 6,288
reclamation. The fund shall consist of grants from the United 6,289
States secretary of the interior out of FROM the federal 6,290
abandoned mine reclamation fund established by Title IV of the 6,292
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 6,293
445, 30 U.S.C.A. 1201, regulations adopted thereunder UNDER IT, 6,294
147
and amendments thereto TO THE ACT AND REGULATIONS. Expenditures 6,296
from the abandoned mine reclamation fund shall be made by the 6,297
chief for the following purposes:
(1) Reclamation and restoration of land and water 6,299
resources adversely affected by past coal mining, including, but 6,300
not limited to, reclamation and restoration of abandoned strip 6,301
mine areas, abandoned coal processing areas, and abandoned coal 6,302
refuse disposal areas; sealing and filling of abandoned deep mine 6,303
entries and voids; planting of land adversely affected by past 6,304
coal mining; prevention of erosion and sedimentation; prevention, 6,305
abatement, treatment, and control of water pollution created by 6,306
coal mine drainage, including restoration of streambeds and 6,307
construction and operation of water treatment plants; prevention, 6,308
abatement, and control of burning coal refuse disposal areas and 6,309
burning coal in situ; and prevention, abatement, and control of 6,310
coal mine subsidence; 6,311
(2) Acquisition and filling of voids and sealing of 6,313
tunnels, shafts, and entryways of non-coal lands; 6,314
(3) Acquisition of land as provided for in this section; 6,316
(4) Administrative expenses incurred in accomplishing the 6,318
purposes of this section; 6,319
(5) All other necessary expenses to accomplish the 6,321
purposes of this section. 6,322
(B) Expenditures of moneys from the fund on land and water 6,324
eligible pursuant to division (C) of this section shall reflect 6,325
the following priorities in the order stated: 6,326
(1) The protection of public health, safety, general 6,328
welfare, and property from extreme danger of adverse effects of 6,329
coal mining practices; 6,330
(2) The protection of public health, safety, and general 6,332
welfare from adverse effects of coal mining practices; 6,333
(3) The restoration of land and water resources and the 6,335
environment previously degraded by adverse effects of coal mining 6,336
practices, including measures for the conservation and 6,337
148
development of soil and water (excluding channelization), 6,338
woodland, fish and wildlife, recreation resources, and 6,339
agricultural productivity; 6,340
(4) Research and demonstration projects relating to the 6,342
development of coal mining reclamation and water quality control 6,343
program methods and techniques; 6,344
(5) The protection, repair, replacement, construction, or 6,346
enhancement of public facilities such as utilities, roads, 6,347
recreation facilities, and conservation facilities adversely 6,348
affected by coal mining practices; 6,349
(6) The development of publicly owned land adversely 6,351
affected by coal mining practices, including land acquired as 6,352
provided in this section for recreation and historic purposes, 6,353
conservation and reclamation purposes, and open space benefits. 6,354
(C)(1) Lands and water eligible for reclamation or 6,356
drainage abatement expenditures under this section are those that 6,357
were mined for coal or were affected by such mining, wastebanks, 6,358
coal processing, or other coal mining processes and that meet one 6,359
of the following criteria: 6,360
(a) Are lands that were and abandoned or left in an 6,363
inadequate reclamation status prior to August 3, 1977, and for 6,364
which there is no continuing reclamation responsibility under
state or federal laws; 6,365
(b) Are lands for which the chief finds that surface coal 6,367
mining operations occurred at any time between August 4, 1977, 6,368
and August 16, 1982, and that any moneys for reclamation or 6,369
abatement that are available pursuant to a bond or other form of 6,370
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 6,371
(c) Are lands for which the chief finds that surface coal 6,373
mining operations occurred at any time between August 4, 1977, 6,374
and November 5, 1990, that the surety of the mining operator 6,375
became insolvent during that time, and that, as of November 5, 6,376
1990, any moneys immediately available from proceedings relating 6,377
149
to that insolvency or from any financial guarantee or other 6,378
source are not sufficient to provide for adequate reclamation or 6,379
abatement at the site.
(2) In determining which sites to reclaim pursuant to 6,381
divisions (C)(1)(b) and (c) of this section, the chief shall 6,382
follow the priorities stated in divisions (B)(1) and (2) of this 6,383
section and shall ensure that priority is given to those sites 6,384
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 6,385
(3) Surface coal mining operations on lands eligible for 6,387
remining shall not affect the eligibility of those lands for 6,388
reclamation and restoration under this section after the release 6,389
of the bond for any such operation as provided under division (F) 6,390
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 6,391
forfeited, moneys available under this section may be used if the 6,392
amount of the bond is not sufficient to provide for adequate 6,393
reclamation or abatement, except that if conditions warrant, the 6,394
chief immediately shall exercise the authority granted under 6,395
division (L) of this section.
(D) The chief may submit to the secretary of the interior 6,397
a state reclamation plan and annual projects to carry out the 6,398
purposes of this section. 6,399
(1) The reclamation plan generally shall identify the 6,401
areas to be reclaimed, the purposes for which the reclamation is 6,402
proposed, the relationship of the lands to be reclaimed and the 6,403
proposed reclamation to surrounding areas, the specific criteria 6,404
for ranking and identifying projects to be funded, and the legal 6,405
authority and programmatic capability to perform such THE work in 6,407
accordance with this section. 6,408
(2) On an annual basis, the chief may submit to the 6,410
secretary an application for support of the abandoned mine 6,411
reclamation fund and implementation of specific reclamation 6,412
projects. The annual requests shall include such information as 6,413
150
may be requested by the secretary. 6,414
Before submitting an annual application to the secretary, 6,416
the chief first shall submit it to the council on unreclaimed 6,418
strip mined lands for review and approval by the council. The 6,419
chief shall not submit such an application to the secretary until 6,421
it has been approved by the council. The chief shall submit 6,422
applications for administrative costs, imminent hazards, or 6,423
emergency projects to the council for review. 6,424
(3) The costs for each proposed project under this section 6,426
shall include actual construction costs, actual operation and 6,427
maintenance costs of permanent facilities, planning and 6,428
engineering costs, construction inspection costs, and other 6,429
necessary administrative expenses. 6,430
(4) Before making any expenditure of funds from the fund 6,432
to implement any specific reclamation project under this section, 6,433
the chief first shall submit to the council a project proposal 6,435
and any other pertinent information regarding the project 6,436
requested by the council for review and approval of the specific 6,437
project by the council. 6,439
(5) The chief may submit such annual and other reports 6,441
required by the secretary when funds are provided by the 6,442
secretary under Title IV of the "Surface Mining Control and 6,443
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201, 6,444
regulations adopted thereunder UNDER IT, and amendments thereto 6,446
TO THE ACT AND REGULATIONS.
(E) There is hereby created in the state treasury the acid 6,448
mine drainage abatement and treatment fund, which shall be 6,449
administered by the chief. The fund shall consist of grants from 6,450
the United States secretary of the interior out of FROM the 6,451
federal abandoned mine reclamation fund pursuant to section 6,452
402(g)(6) of Title IV of the "Surface Mining Control and 6,453
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201. All 6,454
investment earnings of the fund shall be credited to the fund. 6,455
The chief shall make expenditures from the fund, in 6,457
151
consultation with the United States department of agriculture, 6,458
soil conservation service, to implement acid mine drainage 6,459
abatement and treatment plans approved by the United States 6,460
secretary of the interior. The plans shall provide for the 6,461
comprehensive abatement of the causes and treatment of the 6,462
effects of acid mine drainage within qualified hydrologic units 6,463
affected by coal mining practices and shall include at least all 6,464
of the following:
(1) An identification of the qualified hydrologic unit. 6,466
As used in division (E) of this section, "qualified hydrologic 6,467
unit" means a hydrologic unit that meets all of the following 6,468
criteria:
(a) The water quality in the unit has been significantly 6,470
affected by acid mine drainage from coal mining practices in a 6,471
manner that has an adverse impact on biological resources; 6,472
(b) The unit contains lands and waters that meet the 6,474
eligibility requirements established under division (C) of this 6,475
section and any of the priorities established in divisions (B)(1) 6,476
to (3) of this section;
(c) The unit contains lands and waters that are proposed 6,478
to be the subject of expenditures from the reclamation forfeiture 6,479
fund created in section 1513.18 of the Revised Code, the 6,480
defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund created 6,481
in that section, or the unreclaimed lands fund created in section 6,482
1513.30 of the Revised Code.
(2) The extent to which acid mine drainage is affecting 6,484
the water quality and biological resources within the hydrologic 6,485
unit;
(3) An identification of the sources of acid mine drainage 6,487
within the hydrologic unit; 6,488
(4) An identification of individual projects and the 6,490
measures proposed to be undertaken to abate and treat the causes 6,491
or effects of acid mine drainage within the hydrologic unit; 6,492
(5) The cost of undertaking the proposed abatement and 6,494
152
treatment measures;
(6) An identification of existing and proposed sources of 6,496
funding for those measures; 6,497
(7) An analysis of the cost-effectiveness and 6,499
environmental benefits of abatement and treatment measures. 6,500
(F)(1) If the chief makes a finding of fact that land or 6,502
water resources have been adversely affected by past coal mining 6,503
practices; the adverse effects are at a stage where, in the 6,504
public interest, action to restore, reclaim, abate, control, or 6,505
prevent the adverse effects should be taken; the owners of the 6,506
land or water resources where entry must be made to restore, 6,507
reclaim, abate, control, or prevent the adverse effects of past 6,508
coal mining practices are not known or are not readily available; 6,509
or the owners will not give permission for the state, political 6,510
subdivisions, or their agents, employees, or contractors to enter 6,511
upon the property to restore, reclaim, abate, control, or prevent 6,512
the adverse effects of past coal mining practices; then, upon 6,513
giving notice by mail to the owners, if known, or, if not known, 6,514
by posting notice upon the premises and advertising once in a 6,515
newspaper of general circulation in the municipal corporation or 6,516
county in which the land lies, the chief or the chief's agents, 6,518
employees, or contractors may enter upon the property adversely 6,519
affected by past coal mining practices and any other property to 6,520
have access to the property to do all things necessary or 6,521
expedient to restore, reclaim, abate, control, or prevent the 6,522
adverse effects. The entry shall be construed as an exercise of 6,523
the police power for the protection of the public health, safety, 6,524
and general welfare and shall not be construed as an act of 6,525
condemnation of property nor of trespass thereon ON IT. The 6,526
moneys expended for the work and the benefits accruing to any 6,528
such premises so entered upon shall be chargeable against the 6,529
land and shall mitigate or offset any claim in or any action 6,530
brought by any owner of any interest in the premises for any 6,531
alleged damages by virtue of the entry, but this provision is not 6,532
153
intended to create new rights of action or eliminate existing 6,533
immunities.
(2) The chief or the chief's authorized representatives 6,535
may enter upon any property for the purpose of conducting studies 6,537
or exploratory work to determine the existence of adverse effects 6,538
of past coal mining practices and to determine the feasibility of 6,539
restoration, reclamation, abatement, control, or prevention of 6,540
such adverse effects. The entry shall be construed as an 6,541
exercise of the police power for the protection of the public 6,542
health, safety, and general welfare and shall not be construed as 6,543
an act of condemnation of property nor trespass thereon ON IT. 6,544
(3) The chief may acquire any land by purchase, donation, 6,546
or condemnation that is adversely affected by past coal mining 6,547
practices if the chief determines that acquisition of the land is 6,548
necessary to successful reclamation and that all of the following 6,549
apply:
(a) The acquired land, after restoration, reclamation, 6,551
abatement, control, or prevention of the adverse effects of past 6,552
coal mining practices, will serve recreation and historic 6,553
purposes, serve conservation and reclamation purposes, or provide 6,554
open space benefits; 6,555
(b) Permanent facilities such as a treatment plant or a 6,557
relocated stream channel will be constructed on the land for the 6,558
restoration, reclamation, abatement, control, or prevention of 6,559
the adverse effects of past coal mining practices; 6,560
(c) Acquisition of coal refuse disposal sites and all coal 6,562
refuse thereon will serve the purposes of this section or that 6,563
public ownership is desirable to meet emergency situations and 6,564
prevent recurrences of the adverse effects of past coal mining 6,565
practices. 6,566
(4)(a) Title to all lands acquired pursuant to this 6,568
section shall be in the name of the state. The price paid for 6,569
land acquired under this section shall reflect the market value 6,570
of the land as adversely affected by past coal mining practices. 6,571
154
(b) The chief may receive grants on a matching basis from 6,573
the secretary of the interior for the purpose of carrying out 6,574
this section. 6,575
(5)(a) Where land acquired pursuant to this section is 6,577
considered to be suitable for industrial, commercial, 6,578
residential, or recreational development, the chief may sell the 6,579
land by public sale under a system of competitive bidding at not 6,580
less than fair market value and under such other requirements 6,581
imposed by rule to ensure that the lands are put to proper use 6,582
consistent with local and state land use plans, if any, as 6,583
determined by the chief. 6,584
(b) The chief, when requested, and after appropriate 6,586
public notice, shall hold a public meeting in the county, 6,587
counties, or other appropriate political subdivisions of the 6,588
state in which lands acquired pursuant to this section are 6,589
located. The meetings shall be held at a time which THAT shall 6,590
afford local citizens and governments the maximum opportunity to 6,592
participate in the decision concerning the use or disposition of 6,593
the lands after restoration, reclamation, abatement, control, or 6,594
prevention of the adverse effects of past coal mining practices. 6,595
(6) In addition to the authority to acquire land under 6,597
division (F)(3) of this section, the chief may use money in the 6,598
fund to acquire land by purchase, donation, or condemnation, and 6,599
to reclaim and transfer acquired land to a political subdivision, 6,600
or to any person, if the chief determines that it is an integral 6,602
and necessary element of an economically feasible plan for the 6,603
construction or rehabilitation of housing for persons disabled as 6,604
the result of employment in the mines or work incidental thereto 6,605
TO THAT EMPLOYMENT, persons displaced by acquisition of land 6,606
pursuant to this section, persons dislocated as the result of 6,607
adverse effects of coal mining practices that constitute an 6,608
emergency as provided in the "Surface Mining Control and 6,609
Reclamation Act of 1977," 91 Stat. 466, 30 U.S.C.A. 1240, or 6,610
amendments thereto TO IT, or persons dislocated as the result of 6,612
155
natural disasters or catastrophic failures from any cause. Such 6,613
activities shall be accomplished under such terms and conditions 6,614
as the chief requires, which may include transfers of land with 6,615
or without monetary consideration, except that to the extent that 6,616
the consideration is below the fair market value of the land 6,617
transferred, no portion of the difference between the fair market 6,618
value and the consideration shall accrue as a profit to those 6,619
persons. No part of the funds provided under this section may be 6,620
used to pay the actual construction costs of housing. The chief 6,621
may carry out the purposes of this division (F)(6) OF THIS 6,622
SECTION directly or by making grants and commitments for grants, 6,624
and may advance money under such terms and conditions as the 6,625
chief may require to any agency or instrumentality of the state 6,627
or any public body or nonprofit organization designated by the 6,628
chief.
(G)(1) Within six months after the completion of projects 6,630
to restore, reclaim, abate, control, or prevent adverse effects 6,631
of past coal mining practices on privately owned land, the chief 6,632
shall itemize the moneys so expended and may file a statement 6,633
thereof OF THE EXPENDITURES in the office of the county recorder 6,634
of the county in which the land lies, together with a notarized 6,636
appraisal by an independent appraiser of the value of the land 6,637
before the restoration, reclamation, abatement, control, or 6,638
prevention of adverse effects of past coal mining practices if 6,639
the moneys so expended result in a significant increase in 6,640
property value. The statement shall constitute a lien upon the 6,641
land as of the date of the expenditures of the moneys and shall 6,642
have priority as a lien second only to the lien of real property 6,643
taxes imposed upon the land. The lien shall not exceed the 6,644
amount determined by the appraisal to be the increase in the FAIR 6,645
market value of the land as a result of the restoration, 6,646
reclamation, abatement, control, or prevention of the adverse 6,647
effects of past coal mining practices. No lien shall be filed 6,648
under this division (G) OF THIS SECTION against the property of 6,650
156
any person who owned the surface prior to May 2, 1977, and did
not consent to, participate in, or exercise control over the 6,651
mining operation that necessitated the reclamation performed. 6,652
(2) The landowner may petition, within sixty days after 6,654
the filing of the lien, to determine the increase in the FAIR 6,655
market value of the land as a result of the restoration, 6,656
reclamation, abatement, control, or prevention of the adverse 6,657
effects of past coal mining practices. The amount reported to be 6,658
the increase in value of the premises shall constitute the amount 6,659
of the lien and shall be recorded with the statement provided in 6,660
this section. Any party aggrieved by the decision may appeal as 6,661
provided by state law. 6,662
(3) The lien provided in this division (G) OF THIS SECTION 6,665
shall be recorded and indexed, under the name of the state and 6,666
the landowner, in a lien index in the office of the county 6,667
recorder of the county in which the land lies. The county 6,668
recorder shall impose no charge for the recording or indexing of 6,669
the lien. If the land is registered, the county recorder shall 6,670
make a notation and enter a memorial of the lien upon the page of 6,671
the register in which the last certificate of title to the land 6,672
is registered, stating the name of the claimant, amount claimed, 6,673
volume and page of the record where recorded, and exact time the 6,674
memorial was entered.
(4) The lien shall continue in force so long as any 6,676
portion of the amount of the lien remains unpaid. If the lien 6,677
remains unpaid at the time of conveyance of the land on which the 6,678
lien was placed, the conveyance may be set aside. Upon repayment 6,679
in full of the moneys expended under this section, the chief 6,681
promptly shall issue a certificate of release of the lien. Upon 6,682
presentation of the certificate of release, the county recorder 6,683
of the county in which the lien is recorded shall record the lien 6,684
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 6,686
upon the substantial failure of a landowner to pay any portion of 6,687
157
the amount of the lien. Before foreclosing any lien under this 6,688
section, the chief shall make a written demand upon the landowner 6,689
for payment. If the landowner does not pay the amount due within 6,690
sixty days, the chief shall refer the matter to the attorney 6,691
general, who shall institute a civil action to foreclose the
lien.
(H)(1) The chief may fill such voids, seal such abandoned 6,693
tunnels, shafts, and entryways, and reclaim surface impacts of 6,694
underground or strip mines that the chief determines could 6,695
endanger life and property, constitute a hazard to the public 6,697
health and safety, or degrade the environment. 6,698
(2) In those instances where mine waste piles are being 6,700
reworked for conservation purposes, the incremental costs of 6,701
disposing of the wastes from those operations by filling voids 6,702
and sealing tunnels may be eligible for funding, provided that 6,703
the disposal of these wastes meets the purposes of this section. 6,704
(3) The chief may acquire by purchase, donation, easement, 6,706
or otherwise such interest in land as the chief determines 6,707
necessary to carry out this division (H) OF THIS SECTION. 6,709
(I) Not later than January 1, 1978, and annually 6,711
thereafter, the THE chief shall report ANNUALLY to the secretary 6,713
of the interior on operations under the fund and include 6,714
recommendations as to its future uses. 6,715
(J)(1) The chief may engage in any work and do all things 6,717
necessary or expedient, including the adoption of rules, to 6,718
implement and administer this section. 6,719
(2) The chief may engage in cooperative projects under 6,721
this section with any agency of the United States, any other 6,722
state, or their governmental agencies OR WITH ANY STATE 6,723
UNIVERSITY OR COLLEGE AS DEFINED IN SECTION 3345.27 OF THE 6,724
REVISED CODE.
(3) The chief may request the attorney general to initiate 6,726
in any court of competent jurisdiction an action in equity for an 6,727
injunction to restrain any interference with the exercise of the 6,728
158
right to enter or to conduct any work provided in this section, 6,729
which remedy is in addition to any other remedy available under 6,730
this section. 6,731
(4) The chief may construct or operate a plant or plants 6,733
for the control and treatment of water pollution resulting from 6,734
mine drainage. The extent of this control and treatment may be 6,735
dependent upon the ultimate use of the water. Division (J)(4) of 6,736
this section does not repeal or supersede any portion of the 6,737
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 6,738
U.S.C.A. 1151, as amended, and no control or treatment under 6,739
division (J)(4) of this section, in any way, shall be less than 6,740
that required by that act. The construction of a plant or plants 6,741
may include major interceptors and other facilities appurtenant 6,742
to the plant. 6,743
(5) The chief may transfer money from the ABANDONED MINE 6,745
RECLAMATION FUND AND THE ACID MINE DRAINAGE ABATEMENT AND 6,747
TREATMENT fund to other appropriate state agencies OR TO STATE 6,748
UNIVERSITIES OR COLLEGES in order to carry out the reclamation 6,749
activities authorized by this section. 6,750
(K) The chief may contract for any part of work to be 6,752
performed under this section, with or without advertising for 6,753
bids, if the chief determines that a condition exists that could 6,755
reasonably be expected to cause substantial physical harm to 6,756
persons, property, or the environment and to which persons or 6,757
improvements on real property are currently exposed. 6,758
The chief shall require every contractor performing 6,760
reclamation work under this section to pay its workers at the 6,761
greater of their regular rate of pay, as established by contract, 6,762
agreement, or prior custom or practice, or the average wage rate 6,763
paid in this state for the same or similar work as determined by 6,764
the chief under section 1513.02 of the Revised Code. 6,765
(L)(1) The chief may contract for the emergency 6,767
restoration, reclamation, abatement, control, or prevention of 6,768
adverse effects of mining practices on eligible lands if the 6,769
159
chief determines that an emergency exists constituting a danger 6,770
to the public health, safety, or welfare and that no other person 6,771
or agency will act expeditiously to restore, reclaim, abate, 6,772
control, or prevent those adverse effects. The chief may enter 6,773
into a contract for emergency work under this division (L) OF 6,774
THIS SECTION without advertising for bids. Any such contract or 6,775
any purchase of materials for emergency work under this division 6,776
(L) OF THIS SECTION is not subject to division (B) of section 6,778
127.16 of the Revised Code.
(2) The chief or the chief's agents, employees, or 6,780
contractors may enter on any land where such an emergency exists, 6,782
and on other land in order to have access to that land, in order 6,783
to restore, reclaim, abate, control, or prevent the adverse 6,784
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 6,785
an entry shall be construed as an exercise of the police power 6,786
and shall not be construed as an act of condemnation of property 6,787
or of trespass. The moneys expended for the work and the 6,788
benefits accruing to any premises so entered upon shall be 6,789
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 6,790
the premises for any alleged damages by virtue of the entry. 6,792
This provision is not intended to create new rights of action or 6,793
eliminate existing immunities.
Sec. 1515.03. Each county shall have a soil and water 6,802
conservation district coextensive with the geographic area of the 6,803
county, and each district shall constitute a political 6,804
subdivision of this state. On May 2, 1980, each existing 6,805
district created pursuant to former section 1515.03 of the
Revised Code shall include the entire county in which it is 6,806
located.
A municipal corporation may remove itself from or reinstate 6,808
itself in the territory of a soil and water conservation district 6,809
by filing a resolution of its legislative authority with the soil 6,810
160
and water conservation commission at least sixty days before the 6,811
effective date of the removal or reinstatement. 6,812
Sec. 1515.08. The supervisors of a soil and water 6,822
conservation district have the following powers in addition to 6,823
their other powers: 6,824
(A) To conduct surveys, investigations, and research 6,826
relating to the character of soil erosion, floodwater and 6,827
sediment damages, and the preventive and control measures and 6,828
works of improvement for flood prevention and the conservation, 6,829
development, utilization, and disposal of water needed within the 6,830
district, and to publish the results of those surveys, 6,831
investigations, or research, provided that no district shall 6,832
initiate any research program except in cooperation or after 6,833
consultation with the Ohio agricultural research and development 6,834
center; 6,835
(B) To develop plans for the conservation of soil 6,837
resources, for the control and prevention of soil erosion, and 6,838
for works of improvement for flood prevention and the 6,839
conservation, development, utilization, and disposal of water 6,840
within the district, and to publish those plans and information; 6,841
(C) To implement, construct, repair, maintain, and operate 6,843
preventive and control measures and other works of improvement 6,844
for natural resource conservation and development and flood 6,845
prevention, and the conservation, development, utilization, and 6,846
disposal of water within the district on lands owned or 6,847
controlled by this state or any of its agencies and on any other 6,848
lands within the district, which works may include any facilities 6,849
authorized under state or federal programs, and to acquire, by 6,850
purchase or gift, to hold, encumber, or dispose of, and to lease 6,851
real and personal property or interests in such property for 6,852
those purposes; 6,853
(D) To cooperate or enter into agreements with any 6,855
occupier of lands within the district in the carrying on of 6,856
natural resource conservation operations and works of improvement 6,857
161
for flood prevention and the conservation, development, 6,858
utilization, and management of natural resources within the 6,859
district, subject to such conditions as the supervisors consider 6,860
necessary; 6,861
(E) To accept donations, gifts, grants, and contributions 6,863
in money, service, materials, or otherwise, and to use or expend 6,864
them according to their terms; 6,865
(F) To adopt, amend, and rescind rules to carry into 6,867
effect the purposes and powers of the district; 6,868
(G) To sue and plead in the name of the district, and be 6,870
sued and impleaded in the name of the district, with respect to 6,871
its contracts and, as indicated in section 1515.081 of the 6,872
Revised Code, certain torts of its officers, employees, or agents 6,873
acting within the scope of their employment or official 6,874
responsibilities, or with respect to the enforcement of its 6,875
obligations and covenants made under this chapter; 6,876
(H) To make and enter into all contracts, leases, and 6,878
agreements and execute all instruments necessary or incidental to 6,879
the performance of the duties and the execution of the powers of 6,880
the district under this chapter, provided that ALL OF THE 6,881
FOLLOWING APPLY: 6,882
(1) When EXCEPT AS PROVIDED IN SECTION 307.86 OF THE 6,884
REVISED CODE REGARDING EXPENDITURES BY BOARDS OF COUNTY 6,885
COMMISSIONERS, WHEN the cost under any such contract, lease, or 6,886
agreement, other than compensation for personal services or 6,887
rental of office space, involves an expenditure of more than ten 6,888
thousand dollars THE AMOUNT ESTABLISHED IN THAT SECTION REGARDING 6,889
EXPENDITURES BY BOARDS OF COUNTY COMMISSIONERS, the supervisors 6,890
shall make a written contract with the lowest and best bidder 6,892
after advertisement, for not less than two nor more than four 6,893
consecutive weeks preceding the day of the opening of bids, in a 6,894
newspaper of general circulation within the district and in such 6,895
other publications as the supervisors determine. The notice 6,896
shall state the general character of the work and materials to be 6,897
162
furnished, the place where plans and specifications may be 6,898
examined, and the time and place of receiving bids. 6,899
(2) Each bid for a contract shall contain the full name of 6,901
every person interested in it.; 6,902
(3) Each bid for a contract for the construction, 6,904
demolition, alteration, repair, or reconstruction of an 6,905
improvement shall meet the requirements of section 153.54 of the 6,906
Revised Code.; 6,907
(4) Each bid for a contract, other than a contract for the 6,909
construction, demolition, alteration, repair, or reconstruction 6,910
of an improvement, at the discretion of the supervisors, may be 6,911
accompanied by a bond or certified check on a solvent bank in an 6,912
amount not to exceed five per cent of the bid, conditioned that, 6,913
if the bid is accepted, a contract shall be entered into.; 6,914
(5) The supervisors may reject any and all bids. 6,916
(I) To make agreements with the department of natural 6,918
resources giving it control over lands of the district for the 6,919
purpose of construction of improvements by the department under 6,920
section 1501.011 of the Revised Code; 6,921
(J) To charge, alter, and collect rentals and other 6,923
charges for the use or services of any works of the district; 6,924
(K) To enter, either in person or by designated 6,926
representatives, upon lands, private or public, in the necessary 6,927
discharge of their duties; 6,928
(L) To enter into agreements or contracts with the 6,930
department for the determination, implementation, inspection, and 6,931
funding of agricultural pollution abatement and urban sediment 6,932
pollution abatement measures whereby landowners, operators, 6,933
managers, and developers may meet adopted state standards for a 6,934
quality environment, except that failure of a district board of 6,935
supervisors to negotiate an agreement or contract with the 6,936
department shall authorize the division of soil and water 6,937
conservation to implement the required program; 6,938
(M) To conduct demonstrations and provide information to 6,940
163
the public regarding practices and methods for natural resource 6,941
conservation, development, and utilization; 6,942
(N) Until June 1, 1996, to conduct surveys and 6,944
investigations relating to the incidence of the multiflora rose 6,945
within the district and of the nature and extent of the adverse 6,946
effects of the multiflora rose on agriculture, forestry, 6,947
recreation, and other beneficial land uses; 6,948
(O) Until June 1, 1996, to develop plans for the control 6,950
of the multiflora rose within the district and to publish those 6,951
plans and information related to control of the multiflora rose; 6,952
(P) Until June 1, 1996, to enter into contracts or 6,954
agreements with the chief of the division of soil and water 6,955
conservation to implement and administer a program for control of 6,956
the multiflora rose and to receive and expend funds provided by 6,957
the chief for that purpose; 6,958
(Q) Until June 1, 1996, to enter into cost-sharing 6,960
agreements with landowners for control of the multiflora rose. 6,961
Before entering into any such agreement, the board of supervisors 6,962
shall determine that the landowner's application meets the 6,963
eligibility criteria established under division (E)(6) of section 6,964
1511.02 of the Revised Code. The cost-sharing agreements shall 6,965
contain the contract provisions required by the rules adopted 6,966
under that division and such other provisions as the board of 6,967
supervisors considers appropriate to ensure effective control of 6,968
the multiflora rose. 6,969
(R) To enter into contracts or agreements with the chief 6,971
to implement and administer a program for urban sediment 6,972
pollution abatement and to receive and expend moneys provided by 6,973
the chief for that purpose; 6,974
(S) To develop operation and management plans, as defined 6,976
in section 1511.01 of the Revised Code, as necessary; 6,977
(T) To determine whether operation and management plans 6,979
developed under division (A) of section 1511.021 of the Revised 6,980
Code comply with the standards established under division (E)(1) 6,981
164
of section 1511.02 of the Revised Code and to approve or 6,982
disapprove the plans, based on such compliance. If an operation 6,983
and management plan is disapproved, the board shall provide a 6,984
written explanation to the person who submitted the plan. The 6,985
person may appeal the plan disapproval to the chief, who shall 6,986
afford the person a hearing. Following the hearing, the chief 6,987
shall uphold the plan disapproval or reverse it. If the chief 6,988
reverses the plan disapproval, the plan shall be deemed approved 6,989
under this division. In the event that any person operating or 6,990
owning agricultural land or a concentrated animal feeding 6,991
operation in accordance with an approved operation and management 6,992
plan who, in good faith, is following that plan, causes 6,993
agricultural pollution, the plan shall be revised in a fashion 6,994
necessary to mitigate the agricultural pollution, as determined 6,995
and approved by the board of supervisors of the soil and water 6,996
conservation district. 6,997
(T)(U) With regard to composting conducted in conjunction 6,999
with agricultural operations, to do all of the following: 7,000
(1) Upon request or upon their own initiative, inspect 7,002
composting at any such operation to determine whether the 7,003
composting is being conducted in accordance with section 1511.022 7,004
of the Revised Code; 7,005
(2) If the board determines that composting is not being 7,007
so conducted, request the chief to issue an order under division 7,008
(H) of section 1511.02 of the Revised Code requiring the person 7,009
who is conducting the composting to prepare a composting plan in 7,010
accordance with rules adopted under division (E)(10)(c) of that 7,011
section and to operate in accordance with that plan or to operate 7,012
in accordance with a previously prepared plan, as applicable; 7,013
(3) In accordance with rules adopted under division 7,015
(E)(10)(c) of section 1511.02 of the Revised Code, review and 7,016
approve or disapprove any such composting plan. If a plan is 7,017
disapproved, the board shall provide a written explanation to the 7,018
person who submitted the plan. 7,019
165
As used in division (T)(U) of this section, "composting" 7,021
has the same meaning as in section 1511.01 of the Revised Code. 7,022
(U)(V) To do all acts necessary or proper to carry out the 7,024
powers granted in this chapter. 7,025
The director of natural resources shall make 7,027
recommendations to reduce the adverse environmental effects of 7,028
each project that a soil and water conservation district plans to 7,029
undertake under division (A), (B), (C), or (D) of this section 7,030
and that will be funded in whole or in part by moneys authorized 7,031
under section 1515.16 of the Revised Code and shall disapprove 7,032
any such project which he THAT THE DIRECTOR finds will adversely 7,033
affect the environment without equal or greater benefit to the 7,035
public. The director's disapproval or recommendations, upon the 7,036
request of the district filed in accordance with rules adopted by 7,037
the Ohio soil and water conservation commission, shall be 7,038
reviewed by the commission, which may confirm the director's 7,039
decision, modify it, or add recommendations TO or approve a 7,040
project the director has disapproved. 7,041
Sec. 1515.24. Upon receipt of a certification made by the 7,050
supervisors of a soil and water conservation district pursuant to 7,051
section 1515.20 of the Revised Code, the board of county 7,052
commissioners may levy upon the property within the project area 7,053
an assessment at a uniform or varied rate based upon the benefit 7,054
to the area certified by the supervisors, as necessary to pay the 7,055
cost of construction of the improvement not otherwise funded and 7,056
to repay advances made for purposes of the improvement from the 7,057
fund created by section 1515.15 of the Revised Code. The board 7,058
of county commissioners shall direct the person or authority 7,059
preparing assessments to give primary consideration, in 7,060
determining a parcel's estimated assessments relating to the 7,061
disposal of water, to the potential increase in productivity that 7,062
the parcel may experience as a result of the improvement and also 7,063
to give consideration to the amount of water disposed of, the 7,064
location of the property relative to the project, the value of 7,065
166
the project to the watershed, and benefits as defined in division 7,066
(F) of section 6131.01 of the Revised Code. Such THE part of the 7,068
assessment as THAT is found to benefit state, county, or township 7,069
roads or highways or municipal streets shall be assessed against 7,070
the state, county, township, or municipal corporation, 7,071
respectively, payable from motor vehicle revenues. Such THE part 7,073
of the assessment as THAT is found to benefit property owned by 7,074
any public corporation, any political subdivision of the state, 7,075
or the state shall be assessed against the public corporation, 7,076
the political subdivision, or the state and shall be paid out of 7,077
the general funds or motor vehicle revenues of the public 7,078
corporation, the political subdivision of the state, or the 7,079
state, except as otherwise provided by law. The 7,080
THE assessment shall be certified to the county auditor, 7,083
and by him THE COUNTY AUDITOR to the county treasurer. The 7,085
collection of such THE assessment shall conform in all matters to 7,087
Chapter 323. of the Revised Code. Any land owned and managed by 7,088
the department of natural resources for wildlife, recreation, 7,089
nature preserve, or forestry purposes is exempt from assessments 7,090
if the director of natural resources determines that the land 7,091
derives no benefit from the improvement. In making such a 7,092
determination, the director shall consider the purposes for which 7,093
the land is owned and managed and any relevant articles of
dedication or existing management plans for the land. If the 7,094
director determines that the land derives no benefit from the 7,095
improvement, he THE DIRECTOR shall notify the board of county 7,096
commissioners, within thirty days after receiving the assessment 7,098
notification required by this section, indicating that he THE 7,099
DIRECTOR has determined that the land is to be exempt and 7,101
explaining his THE specific reason for making this determination. 7,103
The board of county commissioners may, within thirty days after 7,104
receiving the director's exemption notification, MAY appeal this 7,105
THE determination to the court of common pleas. If the court of 7,107
common pleas finds in favor of the board of county commissioners, 7,108
167
the department of natural resources shall pay all court costs and 7,109
legal fees.
If the assessment is to be made at a varied rate, the board 7,111
shall give notice by first class mail to every public and private 7,112
property owner whose property is subject to assessment, at the 7,113
tax mailing or other known address of the owner. Such THE notice 7,115
shall contain a statement of the amount to be assessed against 7,116
the property of the addressee and a statement that he THE 7,117
ADDRESSEE may file an objection in writing at the office of the 7,119
board of county commissioners within thirty days after the 7,120
mailing of notice. If the residence of any owner cannot be 7,121
ascertained, or if any mailed notice is returned undelivered, the 7,122
board shall publish such THE notice to all such owners in a 7,123
newspaper of general circulation within the project area, at 7,124
least once each week for three weeks, which notice shall include 7,125
the information contained in the mailed notice, but it shall 7,126
state that the owner may file an objection in writing at the 7,127
office of the board of county commissioners within thirty days 7,128
after the last publication of such THE notice. 7,129
Upon receipt of objections as provided in this section, the 7,131
board shall proceed within thirty days to hold a final hearing 7,132
upon ON the objections by fixing a date and giving notice by 7,133
first class mail to the objectors at such THE address as provided 7,136
in filing his THE objection. If any mailed notice is returned 7,137
undelivered, the board shall give due notice to such THE 7,139
objectors in a newspaper of general circulation in the project 7,141
area, stating the time, place, and purpose of the hearing. Upon 7,142
hearing the objectors, the board may amend and shall approve the 7,143
final schedule of assessments by journal entry. 7,144
Any owner whose objection is not allowed may appeal within 7,146
thirty days to the court of common pleas of the county in which 7,147
the property is located. 7,148
Any moneys collected in excess of the amount needed for 7,150
construction of the improvement and the subsequent first year's 7,151
168
maintenance may be maintained in a fund to be used for 7,152
maintenance of the improvement. In any year subsequent to a year 7,153
in which an assessment for construction of an improvement levied 7,154
under this section has been collected, and upon determination by 7,155
the board of county commissioners that funds are not otherwise 7,156
available for maintenance or repair of the improvement, the board 7,157
shall levy upon ON the property within the project area an 7,158
assessment for maintenance at a uniform percentage of all 7,159
construction costs based upon the assessment schedule used in 7,160
determining the construction assessment. Such THE assessment is 7,161
not subject to the provisions concerning notice and petition 7,163
contained in section 1515.25 of the Revised Code. An assessment 7,164
for maintenance shall not be levied in any year in which the 7,165
unencumbered balance of funds available for maintenance of the 7,166
improvements IMPROVEMENT exceeds twenty per cent of the cost of 7,167
construction of the improvement, except that the board may adjust 7,169
the level of assessment within the twenty per cent limitation, or 7,170
suspend temporarily the levying of an assessment, for maintenance 7,171
purposes as maintenance funds are needed. 7,172
FOR THE PURPOSE OF LEVYING AN ASSESSMENT FOR MAINTENANCE OF 7,175
AN IMPROVEMENT, A BOARD MAY USE THE PROCEDURES ESTABLISHED IN 7,176
CHAPTER 6137. OF THE REVISED CODE REGARDING MAINTENANCE OF 7,178
IMPROVEMENTS AS DEFINED IN SECTION 6131.01 OF THE REVISED CODE IN 7,181
LIEU OF USING THE PROCEDURES ESTABLISHED UNDER THIS SECTION. 7,182
The board of county commissioners may issue bonds and notes 7,184
as authorized by section 131.23 or 133.17 of the Revised Code. 7,185
Sec. 1517.10. (A) As used in this section, "felony" has 7,196
the same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person selected by the chief of the division of 7,199
natural areas and preserves for custodial or patrol service on 7,200
the lands and waters operated or administered by the division 7,201
shall be employed in conformity with the law applicable to the 7,202
classified civil service of the state. Subject to division (C) 7,203
of this section, the chief may designate that person as a 7,204
169
preserve officer. A preserve officer has, in any nature 7,205
preserve, in any natural area owned or managed through easement, 7,206
license, or lease by the department of natural resources and 7,207
administered by the division, and on lands owned or managed 7,208
through easement, license, or lease by the department and 7,209
administered by the division that are within or adjacent to any 7,210
wild, scenic, or recreational river area established under this 7,211
chapter and along any trail established under Chapter 1519. of 7,212
the Revised Code, HAS the authority vested in police officers 7,213
SPECIFIED under section 2935.03 of the Revised Code FOR PEACE 7,214
OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES to keep the 7,215
peace, to enforce all laws and rules governing those lands and 7,216
waters, and to make arrests for violation of those laws and
rules, provided that such THE authority shall be exercised on 7,217
lands or waters administered by another division of the 7,219
department only pursuant to an agreement with the chief of that 7,220
division or to a request for assistance by an enforcement officer 7,221
of that division in an emergency. A preserve officer, in or 7,222
along any watercourse within, abutting, or upstream from the 7,223
boundary of any area administered by the department, has the 7,224
authority to enforce section 3767.32 of the Revised Code and any 7,225
other laws prohibiting the dumping of refuse into or along 7,226
waters, and to make arrests for violation of those laws. The 7,227
jurisdiction of a preserve officer shall be concurrent with that 7,228
of the peace officers of the county, township, or municipal 7,229
corporation in which the violation occurs. 7,230
The governor, upon the recommendation of the chief, shall 7,232
issue to each preserve officer a commission indicating authority 7,233
to make arrests as provided in this section. 7,234
The chief shall furnish a suitable badge to each 7,236
commissioned preserve officer as evidence of the preserve 7,237
officer's authority. 7,238
(2) If any person employed under this section is 7,240
designated by the chief to act as an agent of the state in the 7,241
170
collection of money resulting from the sale of licenses, fees of 7,242
any nature, or other money belonging to the state, the chief 7,243
shall require a surety bond from the person in an amount not less 7,244
than one thousand dollars. 7,245
(C)(1) The chief of the division of natural areas and 7,248
preserves shall not designate a person as a preserve officer 7,249
pursuant to division (B)(1) of this section on a permanent basis, 7,250
on a temporary basis, for a probationary term, or on other than a 7,251
permanent basis if the person previously has been convicted of or 7,252
has pleaded guilty to a felony.
(2)(a) The chief of the division of natural areas and 7,255
preserves shall terminate the employment as a preserve officer of 7,256
a person designated as a preserve officer under division (B)(1) 7,257
of this section if that person does either of the following: 7,258
(i) Pleads guilty to a felony; 7,260
(ii) Pleads guilty to a misdemeanor pursuant to a 7,262
negotiated plea agreement as provided in division (D) of section 7,264
2929.29 of the Revised Code in which the preserve officer agrees 7,266
to surrender the certificate awarded to the preserve officer 7,267
under section 109.77 of the Revised Code. 7,268
(b) The chief shall suspend from employment as a preserve 7,271
officer a person designated as a preserve officer under division 7,272
(B)(1) of this section if that person is convicted, after trial, 7,273
of a felony. If the preserve officer files an appeal from that 7,274
conviction and the conviction is upheld by the highest court to 7,276
which the appeal is taken or if the preserve officer does not 7,277
file a timely appeal, the chief shall terminate the employment of 7,278
that preserve officer. If the preserve officer files an appeal 7,279
that results in the preserve officer's acquittal of the felony or 7,280
conviction of a misdemeanor, or in the dismissal of the felony 7,281
charge against the preserve officer, the chief shall reinstate 7,282
that preserve officer. A preserve officer who is reinstated 7,283
under division (C)(2)(b) of this section shall not receive any 7,285
back pay unless that preserve officer's conviction of the felony
171
was reversed on appeal, or the felony charge was dismissed, 7,287
because the court found insufficient evidence to convict the 7,288
preserve officer of the felony.
(3) Division (C) of this section does not apply regarding 7,291
an offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of 7,293
the employment, of a preserve officer under division (C)(2) of 7,294
this section shall be in accordance with Chapter 119. of the 7,295
Revised Code.
Sec. 1517.14. As used in sections 1517.14 to 1517.18 of 7,305
the Revised Code, "watercourse" means a substantially natural 7,306
channel with recognized banks and bottom, in which a flow of 7,307
water occurs, with an average of at least ten feet mean surface 7,308
water width and at least five miles of length. The director of 7,309
natural resources or his THE DIRECTOR'S representative may 7,310
create, supervise, operate, protect, and maintain wild, scenic, 7,312
and recreational river areas under the classifications 7,313
established in section 1517.15 of the Revised Code. The director 7,314
or his THE DIRECTOR'S representative may prepare and maintain a 7,316
plan for the establishment, development, use, and administration 7,317
of those areas as a part of the comprehensive state plans for 7,318
water management and outdoor recreation. The director or his THE 7,319
DIRECTOR'S representative may cooperate with federal agencies 7,321
administering any federal program concerning wild, scenic, or 7,322
recreational river areas.
The director may propose for establishment as a wild, 7,324
scenic, or recreational river area a part or parts of any 7,325
watercourse in this state, with adjacent lands, which THAT in his 7,327
THE DIRECTOR'S judgment possesses water conservation, scenic, 7,329
fish, wildlife, historic, or outdoor recreation values which THAT 7,330
should be preserved, using the classifications established in 7,332
section 1517.15 of the Revised Code. The area shall include 7,333
lands adjacent to the watercourse in sufficient width to 7,334
preserve, protect, and develop the natural character of the 7,335
172
watercourse, but shall not include any lands more than one 7,336
thousand feet from the normal waterlines of the watercourse 7,337
unless an additional width is necessary to preserve water 7,338
conservation, scenic, fish, wildlife, historic, or outdoor 7,339
recreation values.
The director shall publish his THE intention to declare an 7,341
area a wild, scenic, or recreational river area at least once in 7,342
a newspaper of general circulation in each county, any part of 7,343
which is within the area, and shall send written notice of his 7,344
THE intention to the legislative authority of each county, 7,346
township, and municipal corporation and to each conservancy 7,347
district established under Chapter 6101. of the Revised Code, any 7,348
part of which is within the area, and to the director of 7,349
transportation, the director of development, the director of 7,350
administrative services, and the director of environmental 7,351
protection. The notices shall include a copy of a map and 7,352
description of the area. 7,353
After thirty days from the last date of publication or 7,355
dispatch of written notice as required in this section, the 7,356
director shall enter a declaration in his THE DIRECTOR'S journal 7,357
that the area is a wild, scenic, or recreational river area. 7,359
When so entered, the area is a wild, scenic, or recreational 7,360
river area. The director, after thirty days' notice as 7,361
prescribed in this section and upon the approval of the 7,362
recreational RECREATION and resources commission CREATED IN 7,363
SECTION 1501.04 OF THE REVISED CODE, may terminate the status of 7,364
an area as a wild, scenic, or recreational river area by an entry 7,365
in his THE DIRECTOR'S journal. 7,366
Declaration by the director that an area is a wild, scenic, 7,368
or recreational river area does not authorize the director or any 7,369
governmental agency or political subdivision to restrict the use 7,370
of land by the owner thereof or any person acting under his THE 7,371
LANDOWNER'S authority or to enter upon the land AND DOES NOT 7,374
EXPAND OR ABRIDGE THE REGULATORY AUTHORITY OF ANY GOVERNMENTAL 7,375
173
AGENCY OR POLITICAL SUBDIVISION OVER THE AREA. 7,376
The chief of the division of natural areas and preserves or 7,378
his THE CHIEF'S representative may participate in watershed-wide 7,379
planning with federal, state, and local agencies in order to 7,381
protect the values of wild, scenic, and recreational river areas. 7,382
Sec. 1517.99. (A) Whoever (1) EXCEPT AS PROVIDED IN 7,391
DIVISION (A)(2) OF THIS SECTION, WHOEVER violates division (A) of 7,393
section 1517.021 or section 1517.051 of the Revised Code shall be 7,394
fined not less than twenty-five nor more than five hundred 7,396
dollars for a first offense; for each subsequent offense the 7,397
person shall be fined not less than two hundred nor more than one
thousand dollars IS GUILTY OF A MINOR MISDEMEANOR. 7,398
(2) WHOEVER VIOLATES SECTION 1517.021 OF THE REVISED CODE 7,403
WITH REGARD TO A SPECIES OF PLANT IDENTIFIED IN A RULE ADOPTED 7,404
UNDER OR INCLUDED ON A LIST PREPARED UNDER SECTION 1518.01 OF THE 7,405
REVISED CODE OR A SPECIES OF WILDLIFE IDENTIFIED IN A RULE 7,408
ADOPTED UNDER SECTION 1531.25 OF THE REVISED CODE IS GUILTY OF A 7,410
MISDEMEANOR OF THE THIRD DEGREE FOR A FIRST OFFENSE. FOR EACH 7,411
SUBSEQUENT OFFENSE, THE PERSON IS GUILTY OF A MISDEMEANOR OF THE 7,412
SECOND DEGREE. 7,413
(B) Whoever violates division (A) of section 1517.24 or 7,415
section 1517.25 of the Revised Code is guilty of a misdemeanor of 7,416
the third degree.
(C) Whoever violates division (B) of section 1517.24 of 7,418
the Revised Code is guilty of a misdemeanor of the second degree. 7,419
(D) WHOEVER VIOLATES SECTION 1517.051 OF THE REVISED CODE 7,422
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 1518.99. (A) Whoever violates section 1518.02 of the 7,431
Revised Code is guilty of a minor misdemeanor. 7,432
(B) Whoever violates section 1518.05 of the Revised Code 7,434
shall be fined not less than one thousand dollars nor more than 7,435
five thousand dollars for the first offense; for each subsequent 7,436
offense the person shall be fined not less than two thousand 7,437
dollars nor more than ten thousand dollars.
174
(C) Whoever violates section 1518.23 or 1518.24 of the 7,439
Revised Code is guilty of a misdemeanor of the first degree. 7,441
Sec. 1520.01. As used in this chapter: 7,450
(A) "Canal lands" includes any part of the bed, berm, 7,453
bank, or slope of any canal, canal basin, or CANAL reservoir or 7,454
of any lock, aqueduct, dam, culvert, tunnel, feeder, or side cut 7,455
formerly a part of any canal system in this state, whether or not 7,456
abandoned; the outer slope of any towing path embankment formerly 7,457
a part of any canal system in this state; and any tract of land 7,458
that was a part of or intended for the use of any canal system in 7,459
this state. "Canal lands" means only those canal lands that are
the property of the state. 7,460
(B) "Reservoir CANAL RESERVOIR" means any man-made 7,462
ARTIFICIAL lake or impoundment, including any run-of-the-river 7,463
reservoir, that was constructed to provide water to any canal 7,464
system in this state. 7,465
(C) "DOMESTIC USE" MEANS THE WITHDRAWAL OF WATER FROM A 7,467
CANAL OR CANAL RESERVOIR BY AN INDIVIDUAL FOR USE ON RESIDENTIAL 7,469
PROPERTY BY MEANS OF A PUMP OR OTHER DEVICE THAT GENERALLY HAS A 7,470
DISCHARGE LINE WITH AN OUTSIDE DIAMETER OF NOT MORE THAN ONE AND 7,471
ONE-HALF INCHES.
Sec. 1520.02. (A) The director of natural resources has 7,480
exclusive authority to administer, manage, and establish policies 7,481
governing canal lands. 7,482
(B)(1) Except as provided in division (C) of this section, 7,484
the director may sell, lease, exchange, give, or grant all or 7,485
part of the state's interest in any canal lands in accordance 7,486
with section 1501.01 of the Revised Code. The director may 7,487
stipulate that an appraisal or survey need not be conducted for, 7,488
and may establish any terms or conditions that he THE DIRECTOR 7,489
determines appropriate for, any such convenyance CONVEYANCE. 7,490
(2) WITH REGARD TO CANAL LANDS, THE CHIEF OF THE DIVISION 7,493
OF WATER, WITH THE APPROVAL OF THE DIRECTOR, MAY SELL, LEASE, OR 7,494
TRANSFER MINERALS OR MINERAL RIGHTS WHEN THE CHIEF AND THE 7,495
175
DIRECTOR DETERMINE THAT THE SALE, LEASE, OR TRANSFER IS IN THE 7,496
BEST INTEREST OF THE STATE. CONSIDERATION FOR MINERALS AND 7,497
MINERAL RIGHTS SHALL BE BY RENTAL OR ON A ROYALTY BASIS AS 7,498
PRESCRIBED BY THE CHIEF AND PAYABLE AS PRESCRIBED BY CONTRACT. 7,499
MONEYS COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION SHALL BE 7,501
PAID INTO THE STATE TREASURY TO THE CREDIT OF THE CANAL LANDS 7,502
FUND CREATED IN SECTION 1520.05 OF THE REVISED CODE. 7,504
(C)(1) Not later than one year after July 1, 1989, the 7,506
director of transportation and the director of the Ohio 7,507
historical society shall indentify IDENTIFY all canal lands that 7,508
are or may be of use to any program operated by the department of 7,509
transportation or the Ohio historical society, respectively, and 7,510
shall notify the director of natural resources of those lands. 7,511
The director of natural resources may transfer any canal lands so 7,512
identified to the exclusive care, custody, and control of the 7,513
department of transportation or the Ohio historical society, as 7,514
applicable, by means of a departmental transfer not later than 7,515
six months after receiving notification under division (C)(1) of 7,516
this section. 7,517
(2) The director of natural resources may transfer to the 7,519
Ohio historical society any equipment, maps, and records used on 7,520
or related to canal lands that are of historical interest and 7,521
that are not needed by the director to administer this chapter. 7,522
(D) If the director of natural resources determines that 7,524
any canal lands are a necessary part of a county's drainage or 7,525
ditch system and are not needed for any purpose of the department 7,526
of natural resources, the director may sell, grant, or otherwise 7,527
convey those canal lands to that county in accordance with 7,528
division (B) of this section. The board of county commissioners 7,529
shall accept the transfer of canal lands. 7,530
(E) Notwithstanding any other section of the Revised Code, 7,532
the county auditor shall transfer any canal lands conveyed under 7,533
this section, and the county recorder shall record the deed for 7,534
those lands in accordance with section 317.12 of the Revised 7,535
176
Code. This division does not apply to canal lands transferred 7,536
under division (C)(1) of this section. 7,537
Sec. 1520.03. (A) The director of natural resources may 7,546
appropriate real property in accordance with Chapter 163. of the 7,547
Revised Code for the purpose of administering this chapter. 7,548
(B) The director shall operate and maintain all canals and 7,550
CANAL reservoirs owned by the state except those canals that are 7,552
operated by the Ohio historical society on July 1, 1989. 7,553
(C) The director may sell or lease water from any canal or 7,555
CANAL reservoir that he THE DIRECTOR operates and maintains only 7,556
to the extent that the water is in excess of the quantity that is 7,557
required for navigation, recreation, and wildlife purposes. The 7,558
director shall MAY adopt, and may amend, and rescind, rules in 7,560
accordance with Chapter 119. of the Revised Code necessary to 7,561
administer this division.
THE WITHDRAWAL OF WATER FROM ANY CANAL OR CANAL RESERVOIR 7,564
FOR DOMESTIC USE IS EXEMPT FROM THIS DIVISION. HOWEVER, THE 7,565
DIRECTOR MAY REQUIRE WATER CONSERVATION MEASURES FOR WATER THAT 7,566
IS WITHDRAWN FROM ANY CANAL OR CANAL RESERVOIR FOR DOMESTIC USE 7,567
DURING DROUGHT CONDITIONS OR OTHER EMERGENCIES DECLARED BY THE 7,568
GOVERNOR.
(D) No person shall take or divert water from any canal or 7,570
CANAL reservoir operated and maintained by the director except in 7,571
accordance with a sale or lease entered into under division (C) 7,572
of this section. 7,573
(E) At the request of the director, the attorney general 7,575
may commence a civil action for civil penalties and injunctions, 7,576
in a court of common pleas, against any person who has violated 7,577
or is violating division (D) of this section. The court of 7,578
common pleas in which an action for injunctive relief is filed 7,579
has jurisdiction to and shall grant preliminary and permanent 7,580
injunctive relief upon a showing that the person against whom the 7,581
action is brought has violated or is violating that division. 7,582
Upon a finding of a violation, the court shall assess a 7,584
177
civil penalty of not more than one thousand dollars for each day 7,585
of each violation if the violator is an individual who took or 7,586
diverted the water in question for residential or agricultural 7,587
use. The court shall assess a civil penalty of not more than 7,588
five thousand dollars for each day of each violation if the 7,589
violator is any other person who took or diverted the water in 7,590
question for industrial or commercial use excluding agricultural 7,591
use. Moneys from civil penalties assessed under this division 7,592
shall be paid into the state treasury to the credit of the canal 7,593
lands fund created in section 1520.05 of the Revised Code. 7,594
Any action under this division is a civil action, governed 7,596
by the rules of civil procedure and other rules of practice and 7,597
procedure applicable to civil actions. 7,598
(F) As used in this section, "person" means any agency of 7,600
this state, any political subdivision of this state or of the 7,601
United States, or any legal entity defined as a person under 7,602
section 1.59 of the Revised Code. 7,603
Sec. 1521.03. The chief of the division of water shall do 7,612
all of the following: 7,613
(A) Assist in an advisory capacity any properly 7,615
constituted watershed district, conservancy district, or soil and 7,616
water conservation district or any county, municipal corporation, 7,617
or other government agency of the state in the planning of works 7,618
for ground water recharge, FLOOD MITIGATION, FLOODPLAIN 7,619
MANAGEMENT, FLOOD CONTROL, FLOW CAPACITY AND STABILITY OF 7,620
STREAMS, RIVERS, AND WATERCOURSES, or the establishment of water 7,622
conservation practices, within the limits of the appropriations 7,623
for that purpose THOSE PURPOSES;
(B) Have authority to conduct basic inventories of the 7,625
water and related natural resources in each drainage basin in the 7,626
state; to develop a plan on a watershed basis that will recognize 7,627
the variety of uses to which water may be put and the need for 7,628
its retention and control MANAGEMENT FOR THOSE USES; with the 7,629
approval of the director of natural resources and the controlling 7,630
178
board, to transfer appropriated or other funds, authorized for 7,631
those inventories and plan, to any division of the department of 7,632
natural resources or other state agencies for the purpose of 7,633
developing pertinent data relating to the plan of water 7,634
management; and to accept and expend moneys contributed by any 7,635
person for implementing the development of the plan; 7,636
(C) Have authority to make detailed investigations of all 7,638
factors relating to floods, floodplain management, and flood 7,639
control in the state with particular attention to those factors 7,641
bearing upon the maintenance of the hydraulic efficiency of the 7,642
channels AND HYDROLOGIC CHARACTERISTICS of rivers, streams, and 7,643
watercourses as a means of carrying off flood waters, RECOGNIZING 7,645
THE VARIETY OF USES TO WHICH WATER AND WATERCOURSES MAY BE PUT; 7,647
(D) Cooperate with the United States or any agency thereof 7,649
and with any political subdivision of the state in planning and 7,650
constructing flood control works; 7,651
(E) Hold meetings or public hearings, whichever is 7,653
considered appropriate by the chief, to assist in the resolution 7,654
of conflicts between ground water users. Such meetings or 7,655
hearings shall be called upon written request from boards of 7,656
health of city or general health districts created by or under 7,657
the authority of Chapter 3709. of the Revised Code or authorities 7,658
having the duties of a board of health as authorized by section 7,659
3709.05 of the Revised Code, boards of county commissioners, 7,660
boards of township trustees, legislative authorities of municipal 7,661
corporations, or boards of directors of conservancy districts 7,662
organized under Chapter 6101. of the Revised Code and may be 7,663
called by the chief upon the request of any other person or at 7,664
his THE CHIEF'S discretion. The chief shall collect and present 7,665
at such meetings or hearings the available technical information 7,667
relevant to the conflicts and to the ground water resource. The 7,668
chief shall prepare a report, and may make recommendations, based 7,669
upon the available technical data and the record of the meetings 7,670
or hearings, about the use of the ground water resource. In 7,671
179
making the report and any recommendations, the chief also may 7,672
consider the factors listed in division (B) of section 1521.17 of 7,673
the Revised Code. The technical information presented, the 7,674
report prepared, and any recommendations made under this division 7,675
shall be presumed to be prima-facie authentic and admissible as 7,676
evidence in any court pursuant to Evidence Rule 902. 7,677
(F) Perform stream or ground water gauging and may 7,679
contract with the United States government or any other agency 7,680
for the gauging of any streams or ground water within the state; 7,681
(G) PRIMARILY WITH REGARD TO WATER QUANTITY, HAVE 7,684
AUTHORITY TO COLLECT, STUDY, MAP, AND INTERPRET ALL AVAILABLE 7,685
INFORMATION, STATISTICS, AND DATA PERTAINING TO THE AVAILABILITY, 7,686
SUPPLY, USE, CONSERVATION, AND REPLENISHMENT OF THE GROUND AND 7,687
SURFACE WATERS IN THE STATE IN COORDINATION WITH OTHER AGENCIES 7,688
OF THIS STATE;
(H) PRIMARILY WITH REGARD TO WATER QUANTITY AND 7,691
AVAILABILITY, BE AUTHORIZED TO COOPERATE WITH AND NEGOTIATE FOR 7,692
THE STATE WITH ANY AGENCY OF THE UNITED STATES GOVERNMENT, OF 7,693
THIS STATE, OR OF ANY OTHER STATE PERTAINING TO THE WATER 7,694
RESOURCES OF THE STATE. 7,695
Sec. 1521.05. (A) As used in this section: 7,704
(1) "Construct" or "construction" includes drilling, 7,706
boring, digging, deepening, altering, and logging. 7,707
(2) "Altering" means changing the configuration of a well, 7,709
including, without limitation, deepening a well, extending or 7,710
replacing any portion of the inside or outside casing or wall of 7,711
a well that extends below ground level, plugging a portion of a 7,712
well back to a certain depth, and reaming out a well to enlarge 7,713
its original diameter. 7,714
(3) "Logging" means describing the lithology, grain size, 7,716
color, and texture of the formations encountered during the 7,717
drilling, boring, digging, deepening, or altering of a well. 7,718
(4) "Grouting" means neat cemet CEMENT; bentonite products 7,720
in slurry, granular, or pelletized form, excluding drilling mud 7,721
180
or fluids; or any combination of neat cement and bentonite 7,722
products that is placed within a well to seal the annular space 7,723
or to seal an abandoned well and that is impervious to and 7,724
capable of preventing the movement of water. 7,725
(5) "Abandoned well" means a well whose use has been 7,727
permanently discontinued and that poses potential health and 7,728
safety hazards or that has the potential to transmit surface 7,729
contaminants into the aquifer in which the well has been 7,730
constructed. 7,731
(6) "Sealing" means the complete filling of an abandoned 7,733
well with grouting or other approved materials in order to 7,734
permanently prevent the vertical movement of water in the well 7,735
and thus prevent the contamination of ground water or the 7,736
intermixing of water between aquifers. 7,737
(B) Any person that constructs a well shall keep a careful 7,739
and accurate log of the construction of the well. The log shall 7,740
show all of the following: 7,741
(1) The character, including, without limitation, the 7,743
lithology, color, texture, and grain size, the name, if known, 7,744
and the depth of all formations passed through or encountered; 7,745
(2) The depths at which water is encountered; 7,747
(3) The static water level of the completed well; 7,749
(4) A copy of the record of all pumping tests and analyses 7,751
related to those tests, if any; 7,752
(5) Construction details, including lengths, diameters, 7,754
and thicknesses of casing and screening and the volume, type of 7,755
material, and method of introducing gravel packing and grouting 7,756
into the well; 7,757
(6) The type of pumping equipment installed, if any; 7,759
(7) The name of the owner of the well, the address of the 7,761
location where the well was constructed, and a description of the 7,762
location of the property where the well was constructed; 7,763
(8) The signature of the individual who constructed the 7,765
well and filed the well log; 7,766
181
(9) Any other information required by the chief of the 7,768
division of water. 7,769
The log shall be furnished to the division within thirty 7,771
days after the completion of construction of the well, upon ON 7,772
forms prescribed and prepared by the division. The log shall be 7,773
kept on file by the division. 7,774
In accordance with Chapter 119. of the Revised Code, the 7,776
chief may adopt, amend, and rescind rules requiring other persons 7,777
that are involved in the construction or subsequent development 7,778
of a well to submit well logs under this division containing any 7,779
or all of the information specified in divisions (B)(1) to (9) of 7,780
this section and requiring any person that seals an abandoned 7,781
well to submit a well sealing report under this division 7,782
containing any or all of the information specified in those 7,783
divisions and any additional information specified in the rules. 7,784
(C)(1) No person shall fail to keep and submit a well log 7,786
as required by this section. 7,787
(2) No person shall make a false statement in any well log 7,789
required to be kept and submitted under this section. Violation 7,790
of division (C)(2) of this section is falsification under section 7,791
2921.13 of the Revised Code. 7,792
(D) For the purposes of prosecution of a violation of 7,794
division (C)(1) of this section, a prima-facie case is 7,795
established when the division obtains either of the following: 7,796
(1) A certified copy of a permit for a private water 7,798
system issued in accordance with rules adopted under section 7,799
3701.344 of the Revised Code, or a certified copy of the invoice 7,800
or a canceled check from the owner of a well indicating the 7,801
construction services performed; 7,802
(2) A certified copy of any permit issued under Chapter 7,804
3734. or 6111. of the Revised Code OR PLAN APPROVAL GRANTED UNDER 7,805
CHAPTER 6109. OF THE REVISED CODE for any activity that includes 7,807
the construction of a well. 7,808
Sec. 1531.01. As used in this chapter and Chapter 1533. of 7,817
182
the Revised Code: 7,818
(A) "Person" means individual, company, partnership, 7,820
corporation, municipal corporation, association, or any 7,821
combination of individuals, or any employee, agent, or officer 7,822
thereof. 7,823
(B) "Resident" means any individual who has resided in 7,825
this state for not less than six months next preceding the date 7,826
of making application for a license. 7,827
(C) "Nonresident" means any individual who does not 7,829
qualify as a resident. 7,830
(D) "Division rule" or "rule" means any rule adopted by 7,833
the chief of the division of wildlife under section 1531.10 of 7,834
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 7,836
the taking of wild animals protected by this chapter and Chapter 7,837
1533. of the Revised Code is prohibited. 7,838
(F) "Open season" means that period of time during which 7,840
the taking of wild animals protected by this chapter and Chapter 7,841
1533. of the Revised Code is permitted. 7,843
(G) "Take or taking" includes pursuing, shooting, hunting, 7,845
killing, trapping, angling, fishing with a trotline, or netting 7,846
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 7,847
wild bird, or wild quadruped, and any lesser act, such as 7,848
wounding, or placing, setting, drawing, or using any other device 7,849
for killing or capturing any wild animal, whether it results in 7,850
killing or capturing the animal or not. "Take or taking" 7,851
includes every attempt to kill or capture and every act of 7,852
assistance to any other person in killing or capturing or 7,853
attempting to kill or capture a wild animal. 7,854
(H) "Possession" means both actual and constructive 7,856
possession and any control of things referred to. 7,857
(I) "Bag limit" means the number, measurement, or weight 7,859
of any kind of crayfish, aquatic insects, fish, frogs, turtles, 7,861
wild birds, and wild quadrupeds permitted to be taken. 7,862
183
(J) "Transport and transportation" means carrying or 7,864
moving or causing to be carried or moved. 7,865
(K) "Sell and sale" means barter, exchange, or offer or 7,867
expose for sale. 7,868
(L) "Whole to include part" means that every provision 7,870
relating to any wild animal protected by this chapter and Chapter 7,871
1533. of the Revised Code applies to any part thereof OF THE WILD 7,872
ANIMAL with the same effect as it applies to the whole. 7,874
(M) "Angling" means fishing with not more than two hand 7,876
lines, not more than two units of rod and line, or a combination 7,877
of not more than one hand line and one rod and line, either in 7,878
hand or under control at any time while fishing. The hand line 7,879
or rod and line shall have attached to it not more than three 7,880
baited hooks, not more than three artificial fly rod lures, or 7,881
one artificial bait casting lure equipped with not more than 7,882
three sets of three hooks each. 7,883
(N) "Trotline" means a device for catching fish that 7,885
consists of a line having suspended from it, at frequent 7,886
intervals, vertical lines with hooks attached. 7,887
(O) "Fish" means a cold-blooded vertebrate having fins. 7,889
(P) "Measurement of fish" means length from the end of the 7,891
nose to the longest tip or end of the tail. 7,892
(Q) "Wild birds" includes game birds and nongame birds. 7,894
(R) "Game" includes game birds, game quadrupeds, and 7,896
fur-bearing animals. 7,897
(S) "Game birds" includes mourning doves, RINGNECK 7,899
pheasants, BOBWHITE quail, ruffed grouse, sharp-tailed grouse, 7,901
pinnated grouse, wild turkey, Hungarian partridge, Chukar 7,902
partridge, woodcocks, black-breasted plover, golden plover, 7,903
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail, 7,904
coots, gallinules, duck, geese, brant, and crows. 7,905
(T) "Nongame birds" includes all other wild birds not 7,907
included and defined as game birds. 7,908
(U) "Wild quadrupeds" includes game quadrupeds and 7,910
184
fur-bearing animals. 7,911
(V) "Game quadrupeds" includes hares or COTTONTAIL 7,913
rabbits, gray squirrels, black squirrels, fox squirrels, red 7,915
squirrels, FLYING SQUIRRELS, CHIPMUNKS, groundhogs or woodchucks, 7,916
WHITE-TAILED deer, wild boar, and BLACK bears. 7,917
(W) "Fur-bearing animals" includes minks, weasels, 7,919
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 7,920
otters, coyotes, and bobcats. 7,921
(X) "Wild animals" includes mollusks, crustaceans, aquatic 7,923
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 7,924
and all other wild mammals. 7,925
(Y) "Hunting" means pursuing, shooting, killing, following 7,927
after or on the trail of, lying in wait for, shooting at, or 7,928
wounding wild birds or wild quadrupeds while employing any device 7,929
commonly used to kill or wound wild birds or wild quadrupeds 7,930
whether or not the acts result in killing or wounding. "Hunting" 7,931
includes every attempt to kill or wound and every act of 7,932
assistance to any other person in killing or wounding or 7,933
attempting to kill or wound wild birds or wild quadrupeds. 7,934
(Z) "Trapping" means securing or attempting to secure 7,936
possession of a wild bird or wild quadruped by means of setting, 7,937
placing, drawing, or using any device that is designed to close 7,938
upon, hold fast, confine, or otherwise capture a wild bird or 7,939
wild quadruped whether or not the means results in capture. 7,940
"Trapping" includes every act of assistance to any other person 7,941
in capturing wild birds or wild quadrupeds by means of the device 7,942
whether or not the means results in capture. 7,943
(AA) "Muskrat spear" means any device used in spearing 7,945
muskrats. 7,946
(BB) "Channels and passages" means those narrow bodies of 7,948
water lying between islands or between an island and the mainland 7,949
in Lake Erie. 7,950
(CC) "Island" means a rock or land elevation above the 7,952
waters of Lake Erie having an area of five or more acres above 7,953
185
water. 7,954
(DD) "Reef" means an elevation of rock, either broken or 7,956
in place, or gravel shown by the latest United States chart to be 7,957
above the common level of the surrounding bottom of the lake, 7,958
other than the rock bottom, or in place forming the base or 7,959
foundation rock of an island or mainland and sloping from the 7,960
shore thereof OF IT. "Reef" also means all elevations shown by 7,961
that chart to be above the common level of the sloping base or 7,963
foundation rock of an island or mainland, whether running from 7,964
the shore of an island or parallel with the contour of the shore 7,965
of an island or in any other way and whether formed by rock, 7,966
broken or in place, or from gravel. 7,967
(EE) "Fur farm" means any area used exclusively for 7,969
raising fur-bearing animals or in addition thereto used for 7,970
hunting game, the boundaries of which are plainly marked as such. 7,971
(FF) "Waters" includes any lake, pond, reservoir, stream, 7,973
channel, lagoon, or other body of water, or any part thereof, 7,974
whether natural or artificial. 7,975
(GG) "Crib" or "car" refers to that particular compartment 7,977
of the net from which the fish are taken when the net is lifted. 7,978
(HH) "Commercial fish" means those species of fish 7,980
permitted to be taken, possessed, bought, or sold unless 7,981
otherwise restricted by the Revised Code or division rule and are 7,983
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 7,984
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 7,985
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 7,986
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 7,987
(Ictalurus natalis), brown bullheads BULLHEAD (Ictalurus 7,989
nebulosus), channel catfish (Ictalurus punctatus), flathead 7,990
catfish (Pylodictis olivaris), whitefish (Coregonus sp.), cisco 7,991
(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 7,992
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 7,993
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 7,994
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 7,995
186
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 7,996
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 7,997
sp.), sucker other than buffalo and quillback (Carpiodes sp., 7,998
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 7,999
white bass (Morone chrysops), white perch (Roccus americanus), 8,000
and yellow perch (Perca flavescens). When the common name of a 8,001
fish is used in this chapter or Chapter 1533. of the Revised 8,002
Code, it refers to the fish designated by the scientific name in 8,003
this definition.
(II) "Fishing" means taking or attempting to take fish by 8,005
any method, and all other acts such as placing, setting, drawing, 8,006
or using any device commonly used to take fish whether resulting 8,007
in a taking or not. 8,008
(JJ) "Fillet" means the pieces of flesh taken or cut from 8,010
both sides of a fish, joined to form one piece of flesh. 8,011
(KK) "Part fillet" means a piece of flesh taken or cut 8,013
from one side of a fish. 8,014
(LL) "Round" when used in describing fish means with head 8,016
and tail intact. 8,017
(MM) "Migrate" means the transit or movement of fish to or 8,019
from one place to another as a result of natural forces or 8,020
instinct and includes, but is not limited to, movement of fish 8,021
induced or caused by changes in the water flow. 8,022
(NN) "Spreader bar" means a brail or rigid bar placed 8,024
across the entire width of the back, at the top and bottom of the 8,025
cars in all trap, crib, and fyke nets for the purpose of keeping 8,026
the meshes hanging squarely while the nets are fishing. 8,027
(OO) "Fishing guide" means any person who, for 8,029
consideration or hire, operates a boat, rents, leases, or 8,030
otherwise furnishes angling devices, ice fishing shanties or 8,031
shelters of any kind, or other fishing equipment, and 8,032
accompanies, guides, directs, or assists any other person in 8,033
order for the other person to engage in fishing. 8,034
(PP) "Net" means fishing devices with meshes composed of 8,036
187
twine or synthetic material and includes, but is not limited to, 8,037
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 8,038
seines, except minnow seines and minnow dip nets. 8,039
(QQ) "Commercial fishing gear" means seines, trap nets, 8,041
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 8,042
and any boat used in conjunction with that gear, but does not 8,043
include gill nets. 8,044
(RR) "Native wildlife" means any species of the animal 8,046
kingdom indigenous to this state. 8,047
(SS) "Gill net" means a single section of fabric or 8,049
netting seamed to a float line at the top and a lead line at the 8,050
bottom, which is designed to entangle fish in the net openings as 8,051
they swim into it. 8,052
(TT) "Small game" includes pheasants, quail, ruffed 8,054
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 8,055
partridge, Chukar partridge, woodcocks, black-breasted plover, 8,056
golden plover, Wilson's snipe or jacksnipe, greater and lesser 8,057
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 8,058
rabbits, gray squirrels, black squirrels, fox squirrels, red 8,059
squirrels, and groundhogs or woodchucks. 8,060
(UU) "Tag fishing tournament" means a contest in which a 8,062
participant pays a fee, or gives other valuable consideration, 8,063
for a chance to win a prize by virtue of catching a tagged or 8,064
otherwise specifically marked fish within a limited period of 8,065
time, but does not include a scheme of chance conducted under 8,066
division (D)(1) of section 2915.02 of the Revised Code. 8,067
(VV)(UU) "Tenant" means an individual who resides on land 8,069
for which the individual pays rent and whose annual income is 8,071
primarily derived from agricultural production conducted on that 8,072
land, as "agricultural production" is defined in section 929.01 8,073
of the Revised Code.
(WW)(VV) "Nonnative wildlife" means any wild animal not 8,075
indigenous to this state. 8,076
(WW) "REPTILES" INCLUDES COMMON MUSK TURTLE (STERNOTHERUS 8,079
188
ODORATUS), COMMON SNAPPING TURTLE (CHELYDRA SERPENTINA 8,080
SERPENTINA), SPOTTED TURTLE (CLEMMYS GUTTATA), EASTERN BOX TURTLE 8,081
(TERRAPENE CAROLINA CAROLINA), BLANDING'S TURTLE (EMYDOIDEA 8,082
BLANDINGII), COMMON MAP TURTLE (GRAPTEMYS GEOGRAPHICA), OUACHITA 8,083
MAP TURTLE (GRAPTEMYS PSEUDOGEOGRAPHICA OUACHITENSIS), MIDLAND 8,084
PAINTED TURTLE (CHRYSEMYS PICTA MARGINATA), RED-EARED SLIDER 8,085
(TRACHEMYS SCRIPTA ELEGANS), EASTERN SPINY SOFTSHELL TURTLE 8,086
(APALONE SPINIFERA SPINIFERA), MIDLAND SMOOTH SOFTSHELL TURTLE 8,087
(APALONE MUTICA MUTICA), NORTHERN FENCE LIZARD (SCELOPORUS 8,088
UNDULATUS HYACINTHINUS), GROUND SKINK (SCINCELLA LATERALIS), 8,089
FIVE-LINED SKINK (EUMECES FASCIATUS), BROADHEAD SKINK (EUMECES 8,090
LATICEPS), NORTHERN COAL SKINK (EUMECES ANTHRACINUS ANTHRACINUS), 8,091
EUROPEAN WALL LIZARD (PODARCIS MURALIS), QUEEN SNAKE (REGINA 8,093
SEPTEMVITTATA), KIRTLAND'S SNAKE (CLONOPHIS KIRTLANDII), NORTHERN 8,094
WATER SNAKE (NERODIA SIPEDON SIPEDON), LAKE ERIE WATERSNAKE 8,096
(NERODIA SIPEDON INSULARUM), COPPERBELLY WATER SNAKE (NERODIA 8,097
ERYTHROGASTER NEGLECTA), NORTHERN BROWN SNAKE (STORERIA DEKAYI 8,098
DEKAYI), MIDLAND BROWN SNAKE (STORERIA DEKAYI WRIGHTORUM), 8,100
NORTHERN REDBELLY SNAKE (STORERIA OCCIPITOMACULATA 8,101
OCCIPITOMACULATA), EASTERN GARTER SNAKE (THAMNOPHIS SIRTALIS 8,102
SIRTALIS), EASTERN PLAINS GARTER SNAKE (THAMNOPHIS RADIX RADIX), 8,103
BUTLER'S GARTER SNAKE (THAMNOPHIS BUTLERI), SHORTHEAD GARTER 8,104
SNAKE (THAMNOPHIS BRACHYSTOMA), EASTERN RIBBON SNAKE (THAMNOPHIS 8,105
SAURITUS SAURITUS), NORTHERN RIBBON SNAKE (THAMNOPHIS SAURITUS 8,106
SEPTENTRIONALIS), EASTERN HOGNOSE SNAKE (HETERODON PLATIRHINOS), 8,107
EASTERN SMOOTH EARTH SNAKE (VIRGINIA VALERIAE VALERIAE), NORTHERN 8,109
RINGNECK SNAKE (DIADOPHIS PUNCTATUS EDWARDSII), MIDWEST WORM 8,110
SNAKE (CARPHOPHIS AMOENUS HELENAE), EASTERN WORM SNAKE 8,111
(CARPHOPHIS AMOENUS AMOENUS), BLACK RACER (COLUBER CONSTRICTOR 8,112
CONSTRICTOR), BLUE RACER (COLUBER CONSTRICTOR FOXII), ROUGH GREEN 8,113
SNAKE (OPHEODRYS AESTIVUS), SMOOTH GREEN SNAKE (OPHEODRYS 8,114
VERNALIS VERNALIS), BLACK RAT SNAKE (ELAPHE OBSOLETA OBSOLETA), 8,115
EASTERN FOX SNAKE (ELAPHE VULPINA GLOYDI), BLACK KINGSNAKE 8,117
(LAMPROPELTIS GETULA NIGRA), EASTERN MILK SNAKE (LAMPROPELTIS 8,118
189
TRIANGULUM TRIANGULUM), NORTHERN COPPERHEAD (AGKISTRODON 8,119
CONTORTRIX MOKASEN), EASTERN MASSASAUGA (SISTRURUS CATENATUS 8,120
CATENATUS), AND TIMBER RATTLESNAKE (CROTALUS HORRIDUS HORRIDUS). 8,121
(XX) "AMPHIBIANS" INCLUDES EASTERN HELLBENDER 8,124
(CRYTPOBRANCHUS ALLEGANIENSIS ALLEGANIENSIS), MUDPUPPY (NECTURUS 8,125
MACULOSUS MACULOSUS), RED-SPOTTED NEWT (NOTOPHTHALMUS VIRIDESCENS 8,128
VIRIDESCENS), JEFFERSON SALAMANDER (AMBYSTOMA JEFFERSONIANUM), 8,129
SPOTTED SALAMANDER (AMBYSTOMA MACULATUM), BLUE-SPOTTED SALAMANDER 8,130
(AMBYSTOMA LATERALE), SMALLMOUTH SALAMANDER (AMBYSTOMA TEXANUM), 8,131
STREAMSIDE SALAMANDER (AMBYSTOMA BARBOURI), MARBLED SALAMANDER 8,133
(AMBYSTOMA OPACUM), EASTERN TIGER SALAMANDER (AMBYSTOMA TIGRINUM 8,134
TIGRINUM), NORTHERN DUSKY SALAMANDER (DESMOGNATHUS FUSCUS 8,135
FUSCUS), MOUNTAIN DUSKY SALAMANDER (DESMOGNATHUS OCHROPHAEUS), 8,136
REDBACK SALAMANDER (PLETHODON CINEREUS), RAVINE SALAMANDER 8,137
(PLETHODON RICHMONDI), NORTHERN SLIMY SALAMANDER (PLETHODON 8,138
GLUTINOSUS), WEHRLE'S SALAMANDER (PLETHODON WEHRLEI), FOUR-TOED 8,139
SALAMANDER (HEMIDACTYLIUM SCUTATUM), KENTUCKY SPRING SALAMANDER 8,140
(GYRINOPHILUS PORPHYRITICUS DURYI), NORTHERN SPRING SALAMANDER 8,141
(GYRINOPHILUS PORPHYRITICUS PORPHYRITICUS), MUD SALAMANDER 8,143
(PSEUDOTRITON MONTANUS), NORTHERN RED SALAMANDER (PSEUDOTRITON 8,144
RUBER RUBER), GREEN SALAMANDER (ANEIDES AENEUS), NORTHERN 8,146
TWO-LINED SALAMANDER (EURYCEA BISLINEATA), LONGTAIL SALAMANDER 8,147
(EURYCEA LONGICAUDA LONGICAUDA), CAVE SALAMANDER (EURYCEA 8,148
LUCIFUGA), SOUTHERN TWO-LINED SALAMANDER (EURYCEA CIRRIGERA), 8,150
FOWLER'S TOAD (BUFO WOODHOUSII FOWLERI), AMERICAN TOAD (BUFO 8,151
AMERICANUS), EASTERN SPADEFOOT (SCAPHIOPUS HOLBROOKII), 8,152
BLANCHARD'S CRICKET FROG (ACRIS CREPITANS BLANCHARDI), NORTHERN 8,153
SPRING PEEPER (PSEUDACRIS CRUCIFER CRUCIFER), GRAY TREEFROG (HYLA 8,155
VERSICOLOR), COPE'S GRAY TREEFROG (HYLA CHRYSOSCELIS), WESTERN 8,156
CHORUS FROG (PSEUDACRIS TRISERIATA TRISERIATA), MOUNTAIN CHORUS 8,157
FROG (PSEUDACRIS BRACHYPHONA), BULLFROG (RANA CATESBEIANA), GREEN 8,159
FROG (RANA CLAMITANS MELANOTA), NORTHERN LEOPARD FROG (RANA 8,160
PIPIENS), PICKEREL FROG (RANA PALUSTRIS), SOUTHERN LEOPARD FROG 8,161
(RANA UTRICULARIA), AND WOOD FROG (RANA SYLVATICA). 8,162
190
The chief shall not establish a season for the hunting of 8,164
mourning doves that opens prior to the fifteenth day of September 8,165
of any year.
Sec. 1531.06. (A) The chief of the division of wildlife, 8,175
with the approval of the director of natural resources, may 8,176
acquire by gift, lease, purchase, or otherwise lands or surface 8,177
rights upon lands and waters or surface rights upon waters for 8,178
wild animals, fish or game management, preservation, propagation, 8,179
and protection, outdoor and nature activities, public fishing and 8,180
hunting grounds, and flora and fauna preservation. The chief, 8,181
with the approval of the director, may receive by grant, devise, 8,182
bequest, donation, or assignment evidences of indebtedness, the 8,183
proceeds of which are to be used for the purchase of such lands 8,184
or surface rights upon lands and waters or the surface rights 8,185
upon waters. 8,186
(B)(1) The chief shall adopt rules for the protection of 8,188
state-owned or leased lands and waters and property under the 8,191
division's control against wrongful use or occupancy that will 8,192
ensure the carrying out of the intent of this section, protect 8,193
those lands, waters, and property from depredations, and preserve 8,194
them from molestation, spoilation, destruction, or any improper 8,195
use or occupancy thereof, including rules with respect to 8,197
recreational activities and for the government and use of such
lands, waters, and property. 8,198
(2) The chief may adopt rules benefiting wild animals, 8,201
fish or game management, preservation, propagation, and
protection, outdoor and nature activities, public fishing and 8,202
hunting grounds, AND flora and fauna preservation, and regulating 8,203
the taking and possession of wild animals on any lands or waters 8,204
owned or leased or under the division's supervision and control 8,205
and, for a specified period of years, may prohibit or recall the 8,206
taking and possession of any wild animal on any portion of such 8,207
lands or waters. The division clearly shall define and mark the 8,208
boundaries of the lands and waters owned or leased or under its 8,210
191
supervision and control upon which the taking of any wild animal 8,211
is prohibited.
(C) The chief, with the approval of the director, may 8,213
acquire by gift, lease, or purchase land for the purpose of 8,214
establishing state fish hatcheries and game farms and may erect 8,215
thereon ON IT buildings or structures as THAT are necessary. 8,216
The title to or lease of such lands and waters shall be 8,218
taken by the chief in the name of the state. The lease or 8,219
purchase price of all such lands and waters may be paid from 8,220
hunting and trapping and fishing licenses and any other funds. 8,221
(D) To provide more public recreation, stream and lake 8,223
agreements for public fishing only may be obtained under rules 8,224
adopted by the chief. 8,225
(E) The chief, with the approval of the director, may 8,227
establish user fees for the use of special public facilities or 8,228
participation in special activities on lands and waters 8,229
administered by the division. The special facilities and 8,230
activities may include hunting or fishing on special designated 8,231
public lands and waters intensively managed or stocked with 8,232
artificially propagated game birds or fish, field trial 8,233
facilities, wildlife nature centers, firearm ranges, boat mooring 8,234
facilities, camping sites, and other similar special facilities 8,235
and activities. The chief shall determine whether the user fees 8,236
are refundable and shall ensure that that information is provided 8,237
at the time the user fees are paid.
(F) The chief, with the approval of the director, may 8,240
enter into lease agreements for rental of concessions or other 8,241
special projects situated on state-owned or leased lands or 8,242
waters or other property under the division's control. The chief 8,243
shall set and collect the fees for concession rentals or other 8,244
special projects; regulate through contracts between the division 8,245
and concessionaires the sale of tangible objects at concessions 8,246
or other special projects; and keep a record of all such fee 8,247
payments showing the amount received, from whom recieved 8,248
192
RECEIVED, and for what purpose the fee was collected. 8,249
(G) The chief may sell conservation-related items or items 8,252
that promote wildlife conservation, including, but not limited 8,253
to, pins, badges, books, bulletins, maps, publications, 8,254
calendars, and any other educational article or artifact 8,255
pertaining to wild animals; sell confiscated or forfeited items; 8,256
and sell surplus structures and equipment, and timber or crops 8,257
from lands owned, administered, leased, or controlled by the 8,258
division.
(H) The chief may sell, lease, or transfer minerals or 8,260
mineral rights, with the approval of the director, when the chief 8,261
and the director determine it to be in the best interest of the 8,262
state. Upon approval of the director, the chief may make, 8,263
execute, and deliver contracts, including leases, to mine, drill, 8,264
or excavate iron ore, stone, coal, petroleum, gas, salt, and
other minerals upon and under lands owned by the state and 8,265
administered by the division to any person who complies with the 8,266
terms of such a contract. No such contract shall be valid for 8,267
more than fifty years from its effective date. Consideration for 8,268
minerals and mineral rights shall be by rental or royalty basis 8,269
as prescribed by the chief and payable as prescribed by contract. 8,270
Moneys collected under this division shall be deposited in 8,271
accordance with division (I) of this PAID INTO THE STATE TREASURY 8,272
TO THE CREDIT OF THE WILDLIFE HABITAT FUND CREATED IN section 8,273
1531.33 OF THE REVISED CODE. Contracts entered into under this 8,274
division also may provide for consideration for minerals or 8,275
mineral rights in the form of acquisition of lands as provided 8,276
under divisions (A) and (C) of this section. 8,277
(I) All moneys received under divisions (E), (F), AND (G), 8,279
and (H) of this section shall be paid into the state treasury to 8,281
the credit of a fund which THAT shall be used for the purposes 8,282
outlined in section 1533.15 of the Revised Code and for the 8,283
management of other wild animals for their ecological and 8,284
nonconsumptive recreational value or benefit. 8,285
193
(J) THE CHIEF, WITH THE APPROVAL OF THE DIRECTOR, MAY 8,288
BARTER OR SELL WILD ANIMALS TO OTHER STATES, STATE OR FEDERAL 8,289
AGENCIES, AND CONSERVATION OR ZOOLOGICAL ORGANIZATIONS. MONEYS 8,290
RECEIVED FROM THE SALE OF WILD ANIMALS SHALL BE DEPOSITED INTO 8,291
THE WILD ANIMAL FUND CREATED IN SECTION 1531.34 OF THE REVISED 8,292
CODE.
(K) THE CHIEF SHALL ADOPT RULES ESTABLISHING STANDARDS AND 8,295
GUIDELINES FOR THE ADMINISTRATION OF CONTRACEPTIVE CHEMICALS TO 8,296
NONCAPTIVE WILD ANIMALS. THE RULES MAY SPECIFY CHEMICAL DELIVERY 8,297
METHODS AND DEVICES AND MONITORING REQUIREMENTS.
THE CHIEF SHALL ESTABLISH CRITERIA FOR THE ISSUANCE OF AND 8,300
SHALL ISSUE PERMITS FOR THE ADMINISTRATION OF CONTRACEPTIVE
CHEMICALS TO NONCAPTIVE WILD ANIMALS. NO PERSON SHALL ADMINISTER 8,302
CONTRACEPTIVE CHEMICALS TO NONCAPTIVE WILD ANIMALS WITHOUT A 8,303
PERMIT ISSUED BY THE CHIEF.
(L) All fees set by the chief under this section shall be 8,305
approved by the wildlife council. 8,306
Sec. 1531.13. The law enforcement officers of the division 8,315
of wildlife shall be known as "wildlife officers." The chief of 8,316
the division of wildlife, wildlife officers, and such other 8,317
employees of the division as the chief of the division of 8,318
wildlife designates, and other officers who are given like 8,319
authority, shall enforce all laws pertaining to the taking, 8,320
possession, protection, preservation, management, and propagation 8,321
of wild animals and all division rules. They shall enforce all 8,322
laws against hunting without permission of the owner or
authorized agent of the land on which such THE hunting is done. 8,324
They may arrest on view and without issuance of a warrant. They 8,325
may inspect any container or package at any time except when 8,326
within a building and the owner or person in charge of the 8,327
building objects. The inspection shall be only for bag limits of 8,328
wild animals taken in open season or for wild animals taken 8,329
during the closed season, or for any kind or species of those 8,330
wild animals.
194
The chief may visit all parts of the state and direct and 8,332
assist wildlife officers and other employees in the discharge of 8,333
their duties. The owners or tenants of private lands or waters 8,334
are not liable to wildlife officers for injuries suffered while 8,335
carrying out their duties while on the lands or waters of the 8,336
owners or tenants unless the injuries are caused by the willful 8,337
or wanton misconduct of the owners or tenants. Any regularly 8,338
employed salaried wildlife officer may enter any private lands or 8,339
waters if he THE WILDLIFE OFFICER has good cause to believe and 8,340
does believe that a law is being violated. 8,342
A wildlife officer, sheriff, deputy sheriff, constable, or 8,344
officer having a similar authority may search any place which he 8,345
THE OFFICER has good reason to believe contains a wild animal or 8,346
any part of a wild animal taken or had in possession contrary to 8,347
law or division rule, or a boat, gun, net, seine, trap, ferret, 8,348
or device used in the violation, and seize any he THE OFFICER 8,349
finds so taken or possessed. If the owner or person in charge of 8,350
the place to be searched refuses to permit the search, upon 8,351
filing an affidavit in accordance with law with a court having 8,352
jurisdiction of the offense and upon receiving a search warrant 8,353
issued, the officer may forcibly MAY search the place described, 8,354
and if in the search he THE OFFICER finds any wild animal or part 8,355
of a wild animal, or any boat, gun, net, seine, trap, ferret, or 8,356
device in the possession of the owner or person in charge, 8,357
contrary to this chapter or Chapter 1533. of the Revised Code or 8,358
division rule, he THE OFFICER shall seize them IT and arrest the 8,359
person in whose custody or possession they were IT WAS found. 8,360
The wild animal or parts of a wild animal or boat, gun, net, 8,361
seine, trap, ferret, or device so found shall escheat to the 8,362
state.
Each wildlife officer shall post a bond in a sum not less 8,364
than one thousand dollars executed by a surety company authorized 8,365
to transact business in this state for the faithful performance 8,366
of the duties of his THE WILDLIFE OFFICER'S office. 8,367
195
The chief and wildlife officers are vested with HAVE the 8,370
authority of police officers SPECIFIED under section 2935.03 of 8,372
the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT OF NATURAL 8,373
RESOURCES for the purpose of enforcing the criminal laws of the 8,374
state on any property owned, controlled, maintained, or 8,375
administered by the department of natural resources and may 8,376
enforce sections 2923.12, 2923.15, and 2923.16 of the Revised 8,377
Code throughout the state and may arrest without warrant any 8,378
person who, in the presence of the chief or any wildlife officer,
is engaged in the violation of any of those laws. 8,379
A WILDLIFE OFFICER MAY RENDER ASSISTANCE TO A STATE OR 8,381
LOCAL LAW ENFORCEMENT OFFICER AT THE REQUEST OF THAT OFFICER OR 8,382
MAY RENDER ASSISTANCE TO A STATE OR LOCAL LAW ENFORCEMENT OFFICER 8,384
IN THE EVENT OF AN EMERGENCY. WILDLIFE OFFICERS SERVING OUTSIDE 8,385
THE DIVISION OF WILDLIFE UNDER THIS SECTION SHALL BE CONSIDERED 8,386
AS PERFORMING SERVICES WITHIN THEIR REGULAR EMPLOYMENT FOR THE 8,387
PURPOSES OF COMPENSATION, PENSION OR INDEMNITY FUND RIGHTS, 8,388
WORKERS' COMPENSATION, AND OTHER RIGHTS OR BENEFITS TO WHICH THEY 8,389
MAY BE ENTITLED AS INCIDENTS OF THEIR REGULAR EMPLOYMENT. 8,390
WILDLIFE OFFICERS SERVING OUTSIDE THE DIVISION OF WILDLIFE 8,392
UNDER THIS SECTION RETAIN PERSONAL IMMUNITY FROM CIVIL LIABILITY 8,393
AS SPECIFIED IN SECTION 9.86 OF THE REVISED CODE AND SHALL NOT BE 8,396
CONSIDERED AN EMPLOYEE OF A POLITICAL SUBDIVISION FOR PURPOSES OF 8,398
CHAPTER 2744. OF THE REVISED CODE. A POLITICAL SUBDIVISION THAT 8,401
USES WILDLIFE OFFICERS UNDER THIS SECTION IS NOT SUBJECT TO CIVIL 8,402
LIABILITY UNDER CHAPTER 2744. OF THE REVISED CODE AS THE RESULT 8,404
OF ANY ACTION OR OMISSION OF ANY WILDLIFE OFFICER ACTING UNDER 8,405
THIS SECTION. 8,406
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, OR 8,415
boat, USED IN THE UNLAWFUL TAKING OR TRANSPORTING OF WILD 8,416
ANIMALS, AND ANY net, seine, trap, ferret, gun, or other device 8,417
used in the unlawful taking of wild animals, is a public 8,418
nuisance. Each wildlife officer, or other officer with like 8,419
authority, shall seize and safely keep such property and the 8,420
196
illegal results of its use, and unless otherwise ordered by the 8,421
chief of the division of wildlife shall institute, within five 8,422
days, proceedings in a proper court of the county for its 8,423
forfeiture. A writ of replevin shall not lie to take the 8,424
property from the officer's custody or from the custody or 8,425
jurisdiction of the court in which the proceeding is instituted, 8,426
nor shall the proceeding affect a criminal prosecution for the 8,427
unlawful use or possession of the property.
An action for the forfeiture of any such property shall be 8,429
commenced by the filing of an affidavit describing the property 8,430
seized and stating the unlawful use made of it, the time and 8,431
place of seizure, and the name of the person owning or using it 8,432
at the time of seizure. If the name is unknown, that fact shall 8,433
be stated. Upon the filing of the affidavit, the court shall 8,434
issue a summons setting forth the facts stated in the affidavit 8,435
and fixing a time and place for the hearing of the complaint. A 8,436
copy of the summons shall be served on the owner or person using 8,437
the property at the time of its seizure, if he THE OWNER OR USER 8,438
is known, or by leaving a copy thereof at his THE OWNER'S OR 8,439
USER'S usual residence or place of business in the county, at 8,441
least three days before the time fixed for the hearing of the 8,442
complaint. If the owner or user is unknown or a nonresident of 8,443
the county or cannot be found therein, a copy of the summons 8,444
shall be posted at a suitable place nearest the place of seizure, 8,445
but if his THE OWNER'S OR USER'S address is known, a copy of the 8,446
summons shall be mailed to him THE OWNER OR USER at least three 8,447
days before the time fixed for the hearing of the complaint. On 8,448
the date fixed for the hearing, the officer making the service 8,449
shall make a return of the time and manner of making the service. 8,450
Upon the proper cause shown, the court may postpone the hearing. 8,451
If the owner or person unlawfully using the property at the 8,454
time of its seizure is arrested, pleads guilty, and confesses
that the property at the time of its seizure was being used by 8,455
him THE OWNER OR USER in violation of law or division rule, no 8,456
197
proceeding of forfeiture shall be instituted, but the court in 8,457
imposing sentence shall order the property so seized forfeited to 8,458
the state, to be disposed of thereafter as the chief of the 8,459
division of wildlife directs. 8,460
Sec. 1531.202. ANY PERSON WHO IS RESPONSIBLE FOR CAUSING 8,462
OR ALLOWING AN UNAUTHORIZED SPILL, RELEASE, OR DISCHARGE OF 8,463
MATERIAL INTO OR ON ANY LAND OR ANY GROUND OR SURFACE WATER OR 8,464
INTO THE AIR THAT RESULTS IN THE DEATH OF A WILD ANIMAL AND THAT 8,465
NECESSITATES AN INVESTIGATION BY THE DIVISION OF WILDLIFE, OR WHO 8,467
VIOLATES SECTION 1531.02 OF THE REVISED CODE IN A MANNER THAT 8,468
NECESSITATES AN INVESTIGATION BY THE DIVISION REGARDING THE DEATH 8,470
OF A WILD ANIMAL, IS LIABLE TO THE DIVISION FOR COSTS INCURRED IN 8,471
THE INVESTIGATION. THE COSTS MAY INCLUDE WAGES AND BENEFITS OF 8,472
EMPLOYEES OF THE DIVISION. THE CHIEF OF THE DIVISION OF WILDLIFE 8,473
OR THE CHIEF'S AUTHORIZED REPRESENTATIVE SHALL BRING A CIVIL 8,474
ACTION AGAINST THE RESPONSIBLE PERSON TO RECOVER THOSE COSTS. 8,475
Sec. 1531.33. The wildlife habitat fund is hereby created 8,484
in the state treasury, which. THE FUND shall consist of the 8,486
investment earnings of the wildlife habitat trust fund, and 8,487
CREATED IN SECTION 1531.32 OF THE REVISED CODE; GIFTS, DONATIONS, 8,490
BEQUESTS, AND OTHER MONEYS CONTRIBUTED TO THE DIVISION OF 8,491
WILDLIFE FOR THE PURPOSES OF THE FUND; MONEYS COLLECTED UNDER 8,492
DIVISION (H) OF SECTION 1531.06 OF THE REVISED CODE; AND MONEYS 8,495
RECEIVED BY THE DIVISION PURSUANT TO NEGOTIATED MITIGATION 8,496
SETTLEMENTS FROM PERSONS WHO HAVE ADVERSELY AFFECTED FISH AND 8,497
WILDLIFE, OR THEIR HABITATS, OVER WHICH THE DIVISION HAS 8,498
JURISDICTION UNDER THIS CHAPTER OR CHAPTER 1533. OF THE REVISED 8,501
CODE OTHER THAN FISH AND WILDLIFE OF THE OHIO RIVER OR THEIR 8,503
HABITATS.
THE FUND shall be used by the division of wildlife to 8,506
acquire and develop lands for the preservation, propagation, and 8,507
protection of wild animals. All expenditures from the wildlife 8,508
habitat fund must SHALL be approved by the director of natural 8,509
resources. Quarterly each fiscal year, the treasurer of state 8,510
198
shall transfer the investment earnings of the wildlife habitat 8,511
trust fund to the wildlife habitat fund. 8,512
Sec. 1531.34. THERE IS HEREBY CREATED IN THE STATE 8,514
TREASURY THE WILD ANIMAL FUND. THE FUND SHALL CONSIST OF MONEYS 8,515
RECEIVED FROM THE SALE OF WILD ANIMALS UNDER DIVISION (J) OF 8,517
SECTION 1531.06 OF THE REVISED CODE. MONEYS IN THE FUND SHALL BE 8,519
SPENT ON PROGRAMS ADMINISTERED BY THE DIVISION OF WILDLIFE OR
CONTRIBUTED BY THE DIVISION TO AN APPROPRIATE NONPROFIT 8,520
ORGANIZATION FOR THE ACQUISITION, DEVELOPMENT, AND MANAGEMENT OF 8,521
LANDS AND WATERS WITHIN THE STATE FOR WILDLIFE PURPOSES. 8,522
Sec. 1531.99. (A) Whoever violates section 1531.02 of the 8,531
Revised Code, or any division rule, other than a rule adopted 8,532
under section 1531.25 of the Revised Code, is guilty of a 8,533
misdemeanor of the fourth degree. 8,534
(B) Whoever violates section 1531.02 of the Revised Code 8,536
concerning the taking or possession of deer or VIOLATES DIVISION 8,537
(K) OF SECTION 1531.06 OR section 1531.07 or 1531.29 of the 8,538
Revised Code is guilty of a misdemeanor of the third degree on a 8,539
first offense; on each subsequent offense, that person is guilty 8,540
of a misdemeanor of the first degree. 8,541
(C) Whoever violates section 1531.25 of the Revised Code 8,543
is guilty of a misdemeanor of the first degree. 8,544
(D) Whoever violates section 1531.02 of the Revised Code 8,546
concerning the selling or offering for sale of any wild animals 8,547
or parts of wild animals, the minimum value of which animals or 8,548
parts, in the aggregate, is more than one thousand dollars as 8,549
established under section 1531.201 of the Revised Code, is guilty 8,550
of a felony of the fifth degree.
(E) A court that imposes sentence for a violation of any 8,552
section of this chapter governing the holding, taking, or 8,553
possession of wild animals, including, without limitation, 8,554
section 1531.11 of the Revised Code, shall require the person who 8,555
is convicted of or pleads guilty to the offense, in addition to 8,556
any fine, term of imprisonment, seizure, and forfeiture imposed, 8,557
199
to make restitution for the minimum value of the wild animal 8,558
illegally held, taken, or possessed as established under section 8,559
1531.201 of the Revised Code. An officer who collects moneys 8,560
paid as restitution under this section shall pay those moneys to 8,561
the treasurer of state who shall deposit them in the state 8,562
treasury to the credit of the wildlife fund established under 8,563
section 1531.17 of the Revised Code. 8,564
Sec. 1533.01. As used in this chapter, "person," 8,573
"resident," "nonresident," "division rule," "rule," "closed 8,574
season," "open season," "take or taking," "possession," "bag 8,575
limit," "transport and transportation," "sell and sale," "whole 8,576
to include part," "angling," "trotline," "fish," "measurement of 8,577
fish," "wild birds," "game," "game birds," "nongame birds," "wild 8,578
quadrupeds," "game quadrupeds," "fur-bearing animals," "wild 8,579
animals," "hunting," "trapping," "muskrat spear," "channels and 8,580
passages," "island," "reef," "fur farm," "waters," "crib," "car," 8,581
"commercial fish," "fishing," "fillet," "part fillet," "round," 8,582
"migrate," "spreader bar," "fishing guide," "net," "commercial 8,583
fishing gear," "native wildlife," "gill net," "small game," "tag 8,585
fishing tournament," "tenant," and "nonnative wildlife," 8,586
"REPTILES," AND "AMPHIBIANS" have the same meanings as in section 8,587
1531.01 of the Revised Code.
Sec. 1533.06. It is hereby provided that a "special 8,596
hunting area" is established on the department of natural 8,597
resources lands and waters situated in Lucas and Ottawa counties 8,598
and known as the "Magee Marsh State Public Hunting Area." 8,599
On such THAT area the chief of the division of wildlife is 8,601
hereby empowered to MAY provide a special daily hunting permit 8,602
for all persons permitted to hunt on such THE area. The fee for 8,603
such a permit is five dollars per day UNLESS THE CHIEF ADOPTS 8,604
RULES ESTABLISHING A LOWER FEE. 8,605
The permit shall be in such A form as prescribed by the 8,607
director of the department of natural resources. All moneys 8,608
received as fees shall be paid into the state treasury to the 8,609
200
credit of a fund which THAT is hereby appropriated exclusively 8,610
for the use of the department of natural resources for the 8,611
purposes outlined in section 1533.15 of the Revised Code. 8,612
Nothing in this section shall be construed to alter or 8,614
supersede the laws requiring a hunting and trapping license. 8,615
Sec. 1533.08. Except as otherwise provided by division 8,624
rule, any person desiring to collect wild animals that are 8,625
protected by law or their nests or eggs for scientific study, 8,627
school instruction, other educational uses, or rehabilitation
shall make application to the chief of the division of wildlife 8,628
for a wild animal collecting permit on a form furnished by the 8,629
chief. The applicant shall submit written recommendations of two 8,630
well-known scientific persons or teachers of science, certifying 8,631
to the good character and fitness of the applicant. Each 8,632
applicant for a wild animal collecting permit, OTHER THAN AN 8,633
APPLICANT DESIRING TO REHABILITATE WILD ANIMALS, shall pay an 8,634
annual fee of ten dollars for each permit. NO FEE SHALL BE 8,635
CHARGED TO AN APPLICANT DESIRING TO REHABILITATE WILD ANIMALS. 8,636
When it appears that the application is made in good faith, the 8,637
chief shall issue to the applicant a permit to take, possess, and 8,638
transport at any time and in any manner specimens of wild animals 8,639
protected by law or their nests and eggs for scientific study, 8,640
school instruction, other educational uses, or rehabilitation and 8,641
under any additional rules recommended by the wildlife council. 8,642
Upon the receipt of a permit, the holder may take, possess, and 8,643
transport such THOSE wild animals in accordance with the permit. 8,644
Each holder of a permit engaged in collecting such wild 8,646
animals shall carry his THE permit with him at all times and 8,648
shall exhibit it upon demand to any wildlife officer, constable,
sheriff, deputy sheriff, or police officer, to the owner or 8,649
person in lawful control of the land upon which he THE PERMIT 8,650
HOLDER is collecting, or to any other person. Failure to so 8,651
carry or exhibit the permit constitutes an offense under this 8,652
section.
201
Each permit holder shall keep a daily record of all 8,654
specimens collected under the permit and the disposition of the 8,655
specimens and shall exhibit the daily record to any official of 8,656
the division upon demand. 8,657
Each permit shall remain in effect for one year from the 8,660
date of issuance unless it is revoked sooner by the chief.
All moneys received as fees for the issuance of a wild 8,662
animal collecting permit shall be transmitted to the director of 8,664
natural resources to be paid into the state treasury to the
credit of the fund created by section 1533.15 of the Revised 8,665
Code. 8,666
Sec. 1533.10. Except as provided in this section or 8,675
division (A) of section 1533.12 of the Revised Code, no person 8,676
shall hunt any wild bird or wild quadruped without a hunting 8,677
license. Each day that any person hunts within the state without 8,678
procuring such a license constitutes a separate offense. Every 8,679
applicant for a hunting license who is a resident of the state 8,680
and age sixteen YEARS OF AGE or over MORE shall procure a 8,682
resident hunting license, the fee for which shall be fourteen 8,683
dollars, unless the rules adopted under division (B) of section 8,684
1533.12 of the Revised Code provide for issuance of a resident 8,685
hunting license to the applicant free of charge. Every applicant 8,686
who is a resident of the state and under the age of sixteen years 8,687
shall procure a special youth hunting license, the fee for which 8,688
shall be one-half of the regular hunting license fee. The owner 8,689
of lands in the state and the owner's children of any age and 8,692
grandchildren under eighteen years of age may hunt on the lands 8,693
without a hunting license. The tenant or manager and children of 8,694
the tenant or manager, residing on lands in the state, may hunt 8,695
thereon ON THEM without a hunting license. Every applicant for a 8,697
hunting license who is a nonresident of the state shall procure a 8,698
nonresident hunting license, the fee for which shall be ninety 8,699
dollars, unless the applicant is a resident of a state that is a 8,700
party to an agreement under section 1533.91 of the Revised Code, 8,701
202
in which case the fee shall be fourteen dollars. 8,702
The chief of the division of wildlife may issue a tourist's 8,704
small game hunting license expiring three days from the effective 8,705
date of the license to a nonresident of the state, the fee for 8,706
which shall be twenty-four dollars. No person shall take or 8,707
possess DEER, WILD TURKEYS, FUR-BEARING ANIMALS, DUCKS, GEESE, 8,708
BRANT, OR any NONGAME animal that is not small game while 8,709
possessing only a tourist's small game hunting license. A 8,711
tourist's small game hunting license does not authorize the 8,712
taking or possessing of ducks, geese, or brant without having 8,713
obtained, in addition to the tourist's small game hunting 8,714
license, a wetlands habitat stamp as provided in section 1533.112 8,715
of the Revised Code. A TOURIST'S HUNTING LICENSE DOES NOT 8,716
AUTHORIZE THE TAKING OR POSSESSING OF DEER, WILD TURKEYS, OR 8,717
FUR-BEARING ANIMALS. A NONRESIDENT OF THE STATE WHO WISHES TO 8,718
TAKE OR POSSESS DEER, WILD TURKEYS, OR FUR-BEARING ANIMALS IN 8,719
THIS STATE SHALL PROCURE, RESPECTIVELY, A SPECIAL DEER OR WILD 8,720
TURKEY PERMIT AS PROVIDED IN SECTION 1533.11 OF THE REVISED CODE 8,721
OR A FUR TAKER PERMIT AS PROVIDED IN SECTION 1533.111 OF THE 8,722
REVISED CODE IN ADDITION TO A NONRESIDENT HUNTING LICENSE AS 8,723
PROVIDED IN THIS SECTION. 8,724
No person shall procure or attempt to procure a hunting 8,726
license by fraud, deceit, misrepresentation, or any false 8,727
statement. 8,728
This section does not authorize the taking and possessing 8,730
of deer or wild turkeys without first having obtained, in 8,731
addition to the hunting license required by this section, a 8,732
special deer or wild turkey permit as provided in section 1533.11 8,733
of the Revised Code or the taking and possessing of ducks, geese, 8,734
or brant without first having obtained, in addition to the 8,735
hunting license required by this section, a wetlands habitat 8,736
stamp as provided in section 1533.112 of the Revised Code. 8,737
This section does not authorize the hunting or trapping of 8,739
fur-bearing animals without first having obtained, in addition to 8,740
203
a hunting license required by this section, a fur taker permit as 8,741
provided in section 1533.111 of the Revised Code. 8,742
No hunting license shall be issued unless it is accompanied 8,744
by a written explanation of the law in section 1533.17 of the 8,746
Revised Code and the penalty for its violation, including a 8,747
description of terms of imprisonment and fines that may be 8,748
imposed.
No hunting license shall be issued unless the applicant 8,750
presents to the agent authorized to issue the license a 8,751
previously held hunting license or evidence of having held such a 8,752
license in content and manner approved by the chief, a 8,753
certificate of completion issued upon completion of a hunter 8,754
education and conservation course approved by the chief, or 8,755
evidence of equivalent training in content and manner approved by 8,756
the chief. 8,757
No person shall issue a hunting license to any person who 8,759
fails to present the evidence required by this section. No 8,760
person shall purchase or obtain a hunting license without 8,761
presenting to the issuing agent the evidence required by this 8,762
section. Issuance of a hunting license in violation of the 8,763
requirements of this section is an offense by both the purchaser 8,764
of the illegally obtained hunting license and the clerk or agent 8,765
who issued the hunting license. Any hunting license issued in 8,766
violation of this section is void. 8,767
The chief, with approval of the wildlife council, shall 8,769
adopt rules prescribing a hunter education and conservation 8,770
course for first-time hunting license buyers and for volunteer 8,771
instructors. The course shall consist of subjects including, but 8,772
not limited to, hunter safety and health, use of hunting 8,773
implements, hunting tradition and ethics, the hunter and 8,774
conservation, the law in section 1533.17 of the Revised Code 8,776
along with the penalty for its violation, including a description 8,778
of terms of imprisonment and fines that may be imposed, and other 8,779
law relating to hunting. Authorized personnel of the division or 8,781
204
volunteer instructors approved by the chief shall conduct such 8,782
courses with such frequency and at such locations throughout the 8,783
state as to reasonably meet the needs of license applicants. The 8,784
chief shall issue a certificate of completion to each person who 8,785
successfully completes the course and passes an examination 8,786
prescribed by the chief.
Sec. 1533.12. (A) Every person on active duty in the 8,795
armed forces of the United States, while on leave or furlough, 8,796
may take or catch fish of the kind lawfully permitted to be taken 8,797
or caught within the state, may hunt any wild bird or wild 8,798
quadruped lawfully permitted to be hunted within the state, and 8,799
may trap fur-bearing animals lawfully permitted to be trapped 8,800
within the state, without procuring a fishing license, a hunting 8,801
license, a fur taker permit, or a wetlands habitat stamp required 8,802
by this chapter, provided that the person shall carry on his 8,803
person SELF when fishing, hunting, or trapping, a card or other 8,804
evidence identifying him THE PERSON as a person BEING on active 8,806
duty in the armed forces of the United States, and provided that 8,807
the person is not otherwise violating any of the hunting, 8,808
fishing, and trapping laws of this state. 8,809
In order to hunt deer or wild turkey, any such person shall 8,811
obtain a special deer or wild turkey permit, as applicable, under 8,812
section 1533.11 of the Revised Code. However, the person need 8,813
not obtain a hunting license in order to obtain such a permit. 8,814
(B) The chief of the division of wildlife shall provide by 8,816
rule adopted under section 1531.10 of the Revised Code that ALL 8,817
OF THE FOLLOWING: 8,818
(1) Every resident of this state with a disability that 8,820
has been determined by the veterans administration to be 8,821
permanently and totally disabling, who receives a pension or 8,822
compensation from the veterans administration, and who received 8,823
an honorable discharge from the armed forces of the United 8,824
States, and every veteran to whom the registrar of motor vehicles 8,825
has issued a set of license plates under section 4503.41 of the 8,826
205
Revised Code, shall be issued an annual fishing license, hunting 8,827
license, fur taker permit, deer or wild turkey permit, or 8,828
wetlands habitat stamp, or any combination of those licenses, 8,829
permits, and stamp, free of charge when application is made to 8,830
the chief in the manner prescribed by and on forms provided by 8,831
the chief; 8,832
(2) Every resident of the state who is sixty-six years of 8,834
age or older shall be issued an annual fishing license, hunting 8,835
license, fur taker permit, deer or wild turkey permit, or 8,836
wetlands habitat stamp, or any combination of those licenses, 8,837
permits, and stamp, free of charge when application is made to 8,838
the chief in the manner prescribed by and on forms provided by 8,839
the chief; 8,840
(3) Every resident of state or county institutions, 8,842
charitable institutions, and military homes in this state shall 8,843
be issued an annual fishing license free of charge when 8,844
application is made to the chief in the manner prescribed by and 8,845
on forms provided by the chief; 8,846
(4) Any MOBILITY IMPAIRED OR BLIND person, AS DEFINED IN 8,848
SECTION 955.011 OF THE REVISED CODE, who is a resident of this 8,849
state and who is unable to engage in fishing without the 8,850
assistance of another person because of a physical handicap shall 8,851
be issued an annual fishing license free of charge when 8,852
application is made to the chief in the manner prescribed by and 8,853
on forms provided by the chief. The person who is assisting the 8,854
handicapped MOBILITY IMPAIRED OR BLIND person may assist in 8,856
taking or catching fish of the kind permitted to be taken or 8,857
caught without procuring the license required under section 8,858
1533.32 of the Revised Code, provided that only one line is used 8,859
by both persons.
(5) As used in this division (B)(5) OF THIS SECTION, 8,861
"prisoner of war" means any regularly appointed, enrolled, 8,862
enlisted, or inducted member of the military forces of the United 8,863
States who was captured, separated, and incarcerated by an enemy 8,864
206
of the United States.
Any person who has been a prisoner of war, was honorably 8,866
discharged from the military forces, and is a resident of this 8,867
state shall be issued an annual fishing license, hunting license, 8,868
fur taker permit, or wetlands habitat stamp, or any combination 8,869
of those licenses, permits, and stamp, free of charge when 8,870
application is made to the chief in the manner prescribed by and 8,871
on forms provided by the chief. 8,872
(C) The chief shall adopt rules pursuant to section 8,874
1531.08 of the Revised Code designating not more than two days, 8,875
which need not be consecutive, in each year as "free sport 8,876
fishing days" on which any resident may exercise the privileges 8,877
accorded the holder of a fishing license issued under section 8,878
1533.32 of the Revised Code without procuring such a license, 8,879
provided that the person is not otherwise violating any of the 8,880
fishing laws of this state. 8,881
Sec. 1533.171. (A) No person, in the act of hunting, 8,890
pursuing, taking, or killing game A WILD ANIMAL, shall act in a 8,891
negligent, careless, or reckless manner so as to injure persons 8,892
or property.
(B) The court before whom any person is convicted of or 8,894
pleads guilty to a violation of division (A) of this section 8,895
shall report that fact, together with the violator's name and 8,896
address, to the chief of the division of wildlife not later than 8,897
ten days after the date of conviction or plea. 8,898
(C) Not later than seven days after receiving a 8,900
notification under division (B) of this section, the chief shall 8,901
revoke, for not less than one year nor more than five years, each 8,902
hunting license, fur taker permit, special deer permit, special 8,903
wild turkey permit, and wetlands habitat stamp issued to that 8,904
person under this chapter. No fee paid for such a license, 8,905
permit, or stamp shall be returned to the person. 8,906
Upon revoking a license, permit, or stamp, or a combination 8,908
thereof, under this division, the chief immediately shall send a 8,909
207
notice of his THAT action by certified mail to the last known 8,910
address of the person. The notice shall state the action taken, 8,912
order the person to surrender the revoked license, permit, or 8,913
stamp, or combination thereof, and state that the department of 8,914
natural resources will not afford a hearing as required under 8,915
section 119.06 of the Revised Code. 8,916
(D) If, after receiving a notice under division (C) of 8,918
this section, the person decides to petition for a review of the 8,919
revocation, he THE PERSON shall file a petition for such a review 8,921
not later than thirty days after receiving the notice in the 8,922
municipal court or the county court, or, if the person is under 8,923
eighteen years of age, the juvenile court, in whose jurisdiction 8,924
the violation occurred. The review shall be limited to the 8,925
question of the appropriateness of the period of revocation. The 8,926
court shall send a copy of the petition to the chief by certified 8,927
mail together with timely notice of the date, time, and place of 8,928
a hearing on the petition. The filing of a petition for a review 8,929
shall not stay the revocation during the pendency of the appeal. 8,930
(E) No person whose license, permit, or stamp, or a 8,932
combination thereof, has been revoked under this section shall 8,933
attempt to purchase, purchase, apply for, or receive any hunting 8,934
license, fur taker permit, special deer permit, special wild 8,935
turkey permit, or wetlands habitat stamp issued under this 8,936
chapter or engage in hunting during the time any such license, 8,937
permit, or stamp, or a combination thereof, is revoked. 8,938
Sec. 1533.24. Except as otherwise provided by division 8,947
rule, every fur dealer shall keep a daily record on forms 8,949
provided by the division of wildlife of all purchases and sales
of furs, skins, or parts thereof of fur-bearing animals made 8,950
during the previous year. The daily record shall include ANY 8,951
PERTINENT INFORMATION THAT THE DIVISION MAY REQUIRE. THE 8,952
INFORMATION MAY INCLUDE, but not be limited to, the number and 8,953
kinds bought and sold, the dates of each purchase and sale, 8,954
identification of all purchases from another fur dealer, and the 8,955
208
state and counties in which the furs, skins, or parts thereof 8,956
were taken, and other pertinent information that the division may 8,957
require. Every fur dealer shall submit completed forms to the 8,958
division of all transactions made during the preceding season by 8,959
the fifteenth day of May each year. All records required to be 8,960
maintained by a fur dealer shall be open at all reasonable times 8,961
to inspection by duly authorized division personnel who may 8,962
inspect the furs, skins, or parts thereof on hand at any time and 8,963
check and verify the records and reports required to be kept. 8,964
No common carrier shall knowingly ship or transport or 8,966
receive for transportation or shipment any green or dried furs, 8,967
skins, or parts thereof of fur-bearing animals unless there is 8,968
plainly written thereon the name of the shipper and the number of 8,969
his THE SHIPPER'S hunting license or fur dealer's permit. 8,970
Sec. 1533.67. The chief of the division of wildlife, 8,979
wildlife officers, and such other employees of the division as 8,980
THAT the chief specifies may serve and execute warrants and other 8,981
processes of law issued in the enforcement of sections 2923.12, 8,982
2923.15, and 2923.16 of the Revised Code and in the enforcement 8,984
of any law or division rule governing the taking, possession,
protection, preservation, or propagation of wild animals, or for 8,986
protection against THE wrongful use or occupancy of state owned 8,987
or leased lands and waters, and property under division control, 8,988
or in the enforcement of section 3767.32 or any other section of 8,989
the Revised Code prohibiting the dumping of refuse into or along 8,990
waters, or in the enforcement of a criminal law of the state when 8,991
violation thereof OF IT involves equipment or property owned, 8,992
leased, or controlled by the division, in the same manner as a 8,993
sheriff or constable may serve or execute a process, and may 8,994
arrest on sight and without a warrant a person found violating 8,995
any such law or rule. The chief or any wildlife officer has the 8,996
same authority as sheriffs to require aid in executing a process 8,997
or making an arrest. They may seize without process each part of 8,998
a wild animal in the possession of a person violating any law or 8,999
209
division rule governing the taking, possession, protection, 9,000
preservation, or propagation of wild animals, together with any 9,001
boat, gun, net, seine, trap, ferret, or device with which those 9,002
animals were taken or killed, or that was used in taking or 9,003
killing them, and any firearm, deadly weapon, or dangerous 9,004
ordnance, as defined in section 2923.11 of the Revised Code, used 9,005
or possessed contrary to sections 2923.12, 2923.15, and 2923.16 9,007
of the Revised Code, and immediately convey the person so
offending before any judge of a county court or judge of a 9,008
municipal court having jurisdiction over the area in which the 9,009
offense was committed. No
NO person shall interfere with, threaten, abuse, assault, 9,012
resist, or in any manner deter or attempt to deter a wildlife 9,013
officer or any other officer having like authority from carrying 9,014
into effect any law or division rule governing the taking, 9,015
possession, protection, preservation, or propagation of wild 9,016
animals, or for protection against wrongful use or occupancy of 9,017
state-owned or leased lands and waters, and property under 9,018
division control, or any law pertaining to the wearing or 9,019
exhibiting of any license or permit required by this chapter or 9,020
Chapter 1531. of the Revised Code, or regulating hunting and 9,021
trapping on the lands of another. No person shall interfere 9,022
with, threaten, abuse, assault, resist, or in any manner deter or 9,023
attempt to deter a wildlife officer or any other officer having 9,024
like authority from enforcing or from serving or executing any 9,025
warrant or other process issued in the enforcement of section 9,026
3767.32 or any other section of the Revised Code prohibiting the 9,027
dumping of refuse into or along waters, or a criminal law of the 9,028
state when violation thereof OF IT involves equipment or property 9,029
owned, leased, or controlled by the division, or any of the 9,030
provisions set forth in section 2923.12, 2923.15, or 2923.16 of 9,031
the Revised Code regulating use or possession of firearms, deadly 9,033
weapons, or dangerous ordnance, as defined in section 2923.11 of 9,034
the Revised Code. Arrests for such offenses may be made on 9,035
210
Sunday, in which case the offender immediately shall be taken
before any court or magistrate given jurisdiction in such cases 9,037
by this section and required by that court or magistrate to give 9,038
bond for his THE OFFENDER'S appearance at a time fixed for 9,039
hearing of the complaint on a weekday as soon after the arrest is 9,040
made as is practicable. If a bond is required of an offender in 9,041
such a case and he THE OFFENDER fails to give it, the court shall 9,043
order him THE OFFENDER committed to the county jail or to some 9,044
other suitable place of confinement until the time for the
hearing. The court may make any other arrangements to insure the 9,045
appearance of the offender at the designated time it considers 9,046
advisable. The jailer or officer in charge of the place of 9,047
confinement designated by the court shall receive the person so 9,048
committed.
Sec. 1533.68. If a person is convicted of a violation of 9,057
any law relative to the taking, possession, protection, 9,058
preservation, or propagation of wild animals, or a violation of 9,059
division (C) of section 2909.08 of the Revised Code while 9,060
hunting, or is convicted of a violation of any rule of the 9,061
division of wildlife, the court or magistrate before whom the 9,062
conviction is had, as an additional part of the penalty in each 9,064
case, shall suspend or revoke each license or permit issued to
the person in accordance with any section of the Revised Code 9,065
pertaining to the hunting, fishing, trapping, breeding, and sale 9,066
of wild animals or the sale of their hides, skins, or pelts. No 9,067
fee paid for such a license or permit shall be returned to the 9,068
person. 9,069
No person having a license or permit suspended or revoked 9,071
as provided in this section, in the event of a hunting or 9,072
trapping violation, shall engage in hunting or trapping, in the 9,073
event of a violation of division (C) of section 2909.08 of the 9,074
Revised Code while hunting, shall engage in hunting, or in the 9,075
event of a fishing violation, shall engage in fishing, or 9,076
purchase, apply for, or receive any such license or permit for 9,077
211
the following periods of time, as applicable: 9,078
(A) Three years after the date of conviction, if the 9,080
person is convicted of taking or possessing a deer in violation 9,081
of section 1531.02 of the Revised Code; 9,082
(B) Not more than three years after the date of 9,084
conviction, if the person is convicted of taking or possessing 9,085
any other wild animal in violation of section 1531.02 of the 9,086
Revised Code, is convicted of a misdemeanor violation of division 9,087
(C) of section 2909.08 of the Revised Code while hunting, or is 9,088
convicted of a second or subsequent violation of section 1533.17 9,089
of the Revised Code within a period of three consecutive years 9,091
after the date of conviction of the immediately preceding 9,092
violation of that section;
(C) Not more than five years after the date of conviction, 9,094
if the person is convicted of violating section 1533.171 or of 9,095
taking or possessing an eagle or osprey in violation of section 9,096
1533.07 of the Revised Code, or is convicted of a felony 9,097
violation of division (C) of section 2909.08 of the Revised Code 9,098
while hunting; 9,099
(D) NOT MORE THAN FIVE YEARS AFTER THE DATE OF CONVICTION 9,101
IF THE PERSON IS CONVICTED OF VIOLATING ANY SECTION OF THIS 9,102
CHAPTER OR CHAPTER 1531. OF THE REVISED CODE NOT SPECIFIED IN 9,103
DIVISION (A), (B), OR (C) OF THIS SECTION. 9,104
All licenses and permits suspended or revoked as provided 9,106
in this section shall be taken up by the magistrate and sent to 9,107
the department of natural resources where they shall be filed 9,108
with a record of the arrest until the person who held the 9,109
suspended or revoked license or permit is lawfully entitled to 9,110
obtain another license or permit. 9,111
Sec. 1533.70. As used in sections 1533.71 to 1533.80 of 9,121
the Revised Code:
(A) "Wholly enclosed preserve" means an area of land that 9,123
is surrounded by a fence that is at least six feet in height and 9,124
is constructed of a woven wire mesh, or such other ANOTHER 9,126
212
enclosure as THAT the division of wildlife may approve, where 9,127
game birds, game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing 9,128
animals are raised and may be sold under the authority of a 9,129
commercial propagating license obtained under section 1533.71 of 9,130
the Revised Code.
(B) "Commercial bird shooting preserve" means an area of 9,132
land where game birds are released and hunted by shooting as 9,133
authorized by a commercial bird shooting preserve license 9,134
obtained under section 1533.72 of the Revised Code.
(C) "Wild animal hunting preserve" means an area of land 9,136
where game and nonnative wildlife, other than game birds, are 9,137
released and hunted as authorized by a wild animal hunting 9,138
preserve license obtained under section 1533.721 of the Revised 9,139
Code.
(D) All definitions set forth in section 1531.01 of the 9,141
Revised Code apply to these sections 1533.70 TO 1533.80 OF THE 9,142
REVISED CODE.
Sec. 1533.71. Any UNLESS OTHERWISE PROVIDED BY DIVISION 9,151
RULE, ANY person desiring to engage in the business of raising 9,152
and selling game birds, game quadrupeds, REPTILES, AMPHIBIANS, or 9,153
fur-bearing animals in a wholly enclosed preserve of which he THE 9,154
PERSON is the owner or lessee, or to have game birds, game 9,155
quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals in 9,156
captivity, may SHALL apply in writing to the division of wildlife 9,158
for a license to do so.
The division, when it appears that the application is made 9,160
in good faith, shall, AND upon the payment of the fee for each 9,161
license, SHALL issue to the applicant such ANY of the following 9,163
licenses as THAT may be applied for: 9,164
(A) "Commercial propagating license" permitting the 9,166
licensee to propagate game birds, game quadrupeds, REPTILES, 9,167
AMPHIBIANS, or fur-bearing animals in the wholly enclosed 9,168
preserve the location of which is stated in the license and the 9,170
application therefor, and to sell such THE propagated game birds, 9,171
213
game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals and 9,172
ship them from the state alive at any time, and PERMITTING THE 9,173
LICENSEE AND THE LICENSEE'S EMPLOYEES to kill such THE propagated 9,174
game birds, game quadrupeds, or fur-bearing animals and sell the 9,176
carcasses for food subject to sections 1533.70 to 1533.80 of the 9,177
Revised Code. The fee for such a license is twenty-five dollars 9,178
per annum.
(B) "Noncommercial propagating license" permitting the 9,180
licensee to propagate game birds, game quadrupeds, REPTILES, 9,181
AMPHIBIANS, or fur-bearing animals and to hold such THE animals 9,184
in captivity. Game birds, game quadrupeds, REPTILES, AMPHIBIANS, 9,185
and fur-bearing animals propagated or held in captivity by 9,186
authority of a noncommercial propagating license are for the 9,187
licensee's own use and shall not be sold. The fee for such a 9,188
license is ten dollars per annum.
(C) A free "raise to release license" permitting duly 9,190
organized clubs, associations, or individuals approved by the 9,191
division to engage in the raising of game birds, game quadrupeds, 9,192
or fur-bearing animals for release only and not for sale or 9,193
personal use. 9,194
Except as provided by law, no person shall possess game 9,196
birds, game quadrupeds, or fur-bearing animals in closed season, 9,197
provided that municipal or governmental zoological parks shall 9,198
ARE not be required to obtain the licenses provided for in this 9,199
section. 9,200
All licenses issued under this section shall expire on the 9,202
fifteenth day of March of each year. 9,203
The chief OF THE DIVISION OF WILDLIFE shall pay all moneys 9,205
received as fees for the issuance of such licenses UNDER THIS 9,206
SECTION into the state treasury to the credit of the fund created 9,208
by section 1533.15 of the Revised Code for the use of the 9,209
division in the purchase, preservation, and protection of wild 9,210
animals, and for the necessary clerical help and forms required 9,211
by sections 1533.70 to 1533.80 of the Revised Code.
214
THE CHIEF SHALL ADOPT RULES ESTABLISHING STANDARDS, 9,213
INCLUDING SPECIFICATIONS FOR CAGES OR OTHER ENCLOSURES, FOR 9,214
HOLDING WILD ANIMALS IN CAPTIVITY. 9,215
THIS SECTION DOES NOT AUTHORIZE THE TAKING OR THE RELEASE 9,218
FOR TAKING OF THE FOLLOWING:
(1) GAME BIRDS, WITHOUT FIRST OBTAINING A COMMERCIAL BIRD 9,221
SHOOTING PRESERVE LICENSE ISSUED UNDER SECTION 1533.72 OF THE 9,222
REVISED CODE;
(2) GAME OR NONNATIVE WILDLIFE, WITHOUT FIRST OBTAINING A 9,225
WILD ANIMAL HUNTING PRESERVE LICENSE ISSUED UNDER SECTION 9,226
1533.721 OF THE REVISED CODE.
Sec. 1533.82. (A) On receipt of a notice pursuant to 9,235
section 2301.373 of the Revised Code, the chief of the division 9,236
of wildlife shall comply with that section with respect to a 9,239
license or, permit, OR CERTIFICATE issued pursuant to section 9,240
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 9,241
1533.71, 1533.72, or 1533.81, 1533.88, OR 1533.881 of the Revised 9,243
Code.
(B) On receipt of a notice pursuant to section 2301.375 of 9,245
the Revised Code, the chief of the division of wildlife shall 9,247
comply with that section with respect to a license, permit, or 9,249
stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 9,250
1533.112, or 1533.32 of the Revised Code.
Sec. 1518.20 1533.86. As used in sections 1518.20 1533.86 9,260
to 1518.27 1533.90 of the Revised Code:
(A) "Ginseng" means the plant Panax quinquefolius L., also 9,262
known as Panax quinquefolium L., commonly known as American 9,263
ginseng. 9,264
(B) "Wild ginseng" means ginseng that grows in an 9,266
uncultivated state and in its natural habitat, whether the plant 9,267
occurs naturally from that habitat or was introduced or increased 9,268
in abundance by sowing ginseng seed or transplanting ginseng 9,269
plants from other areas and performing no other cultivation 9,270
practices. 9,271
215
(C) "Cultivated ginseng" means ginseng that grows or has 9,273
been grown in tilled beds under the shade of artificial 9,274
structures or natural shade and is cultivated according to 9,275
standard ginseng horticultural practices. 9,276
(D) "Harvest" means to cut, pick, dig, root up, gather, or 9,278
otherwise collect ginseng. 9,279
(E) "Person" includes any legal entity defined as a person 9,281
under section 1.59 of the Revised Code and any political 9,282
subdivision, instrumentality, or agency of this state, another 9,283
state, or the United States. 9,284
(F) "Collector" means a person who harvests ginseng. 9,286
(G) "Grower" means a person who grows cultivated ginseng. 9,288
(H) "Dealer" means a person who buys or otherwise acquires 9,290
or conveys ginseng for resale. 9,291
(I) "Buy" includes trade or barter. 9,293
(J) "Sell" includes trade or barter. 9,295
Sec. 1518.21 1533.87. There is hereby established in the 9,304
department of natural resources the Ohio ginseng management 9,305
program, which shall be administered by the chief of the division 9,306
of natural areas and preserves WILDLIFE. The program shall be 9,307
administered to achieve and maintain a sustained yield of ginseng 9,308
so that harvesting of the plant is not detrimental to the 9,309
survival of the species. The chief shall do all things necessary 9,310
to regulate the harvesting of wild ginseng and the buying, 9,311
possession, transportation, sale, offering for sale, or exposure 9,312
for sale of wild or cultivated ginseng.
Sec. 1518.22 1533.88. The chief of the division of natural 9,321
areas and preserves WILDLIFE shall adopt and may amend or rescind 9,323
rules in accordance with Chapter 119. UNDER SECTION 1531.10 of 9,324
the Revised Code as necessary to carry out the purposes of 9,325
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code, 9,326
including, but not limited to: 9,327
(A) Establishing a harvest season for wild ginseng; 9,329
(B) Establishing a certification program for ALL legally 9,331
216
harvested ginseng that is to be exported from the state or is 9,332
bought or sold outside the buying season, including setting a 9,333
certification fee; 9,334
(C) Establishing a buying season for ginseng that has not 9,336
yet been certified in accordance with rules adopted under 9,337
division (B) of this section; 9,338
(D) Establishing a registration permit system to authorize 9,340
ginseng dealers to buy or otherwise acquire or convey ginseng for 9,341
resale and export; 9,342
(E) Establishing a record system to be kept by collectors, 9,344
dealers, and growers of ginseng; 9,345
(F) Developing educational materials about ginseng, 9,347
ginseng regulation, and the Ohio ginseng management program. 9,348
Sec. 1518.23 1533.881. No person shall buy or otherwise 9,357
acquire or convey ginseng for resale or export without a 9,358
registration permit issued annually by the chief of the division 9,359
of natural areas and preserves WILDLIFE in accordance with rules 9,360
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 9,361
Code. In addition to any other penalty, the chief may refuse to 9,363
issue a permit to or suspend the permit of any person who fails 9,364
to comply with sections 1518.20 1533.86 to 1518.27 1533.90 of the 9,365
Revised Code or rules adopted under PURSUANT TO section 1518.22 9,366
1533.88 of the Revised Code. A person denied a permit is 9,367
entitled to a hearing in accordance with Chapter 119. of the 9,368
Revised Code. A person whose permit is to be suspended shall be 9,369
afforded the opportunity for a hearing under Chapter 119. of the 9,370
Revised Code prior to the final decision to suspend his permit. 9,371
Sec. 1518.24 1533.882. No person shall do any of the 9,380
following: 9,381
(A) Without written authorization from the chief of the 9,383
division of natural areas and preserves WILDLIFE, harvest wild 9,384
ginseng except during the harvesting season as established by 9,385
rule under ADOPTED PURSUANT TO section 1518.22 1533.88 of the 9,387
Revised Code; 9,388
217
(B) Without first obtaining written permission from the 9,390
person entitled to the ginseng, willfully destroy, injure, or 9,391
harvest ginseng that is the property of that person, except that 9,392
wild ginseng may be harvested on public property when the public 9,393
entity that is responsible for the property has authorized 9,394
permission to harvest wild ginseng; 9,395
(C) Ship or otherwise transport out of state ginseng that 9,397
has not been certified in accordance with rules adopted under 9,398
PURSUANT TO division (B) of section 1518.22 1533.88 of the 9,400
Revised Code;
(D) Except during the buying season as established by rule 9,402
under ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised 9,404
Code, buy, otherwise acquire, or sell uncertified ginseng; 9,405
(E) Fail to keep records as established by rule under 9,407
ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised Code; 9,408
(F) Possess ginseng from another state without a 9,410
certificate of legal taking issued by that state under its 9,411
ginseng management program; 9,412
(G) Knowingly provide incorrect or false information on or 9,414
in any permit application, report, export certificate, or other 9,415
document required by rules adopted under PURSUANT TO section 9,416
1518.22 1533.88 of the Revised Code; 9,417
(H) Violate any provision of sections 1518.20 1533.86 to 9,419
1518.27 1533.90 of the Revised Code or rules adopted under 9,421
PURSUANT TO section 1518.22 1533.88 of the Revised Code. 9,422
Sec. 1518.25 1533.89. Any sheriff, deputy sheriff, 9,431
marshal, deputy marshal, municipal police officer, township 9,432
constable, park, PRESERVE, or forest officer, conservancy 9,434
district police officer, or other law enforcement officer, within 9,435
the limits of his THE OFFICER'S jurisdiction, may enforce 9,436
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code 9,437
and rules adopted under PURSUANT TO section 1518.22 1533.88 of 9,438
the Revised Code, and any preserve or wildlife officer may 9,439
enforce those sections and rules throughout the state. 9,441
218
Sec. 1518.26 1533.891. The chief of the division of 9,450
natural areas and preserves WILDLIFE shall seize any ginseng 9,452
harvested or acquired in violation of any provision of sections 9,453
1518.20 1533.86 to 1518.27 1533.90 of the Revised Code or rules 9,455
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 9,456
Code. Ginseng so seized is forfeited to the state, to be 9,457
disposed of as directed by the chief.
Sec. 1518.27 1533.90. Unless otherwise directed by the 9,466
director of natural resources, all fee FEES, fines, penalties, 9,467
and forfeitures arising from prosecutions, convictions, 9,468
confiscations, or other actions taken under sections 1518.20 9,469
1533.86 to 1518.27 1533.90 of the Revised Code shall be paid into 9,470
the state treasury to the credit of the ginseng management 9,471
program WILDLIFE fund, which is hereby created UNDER SECTION 9,473
1531.17 OF THE REVISED CODE, to be used for the administration of 9,474
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code. 9,475
Sec. 1533.99. (A) Whoever violates section 1533.17 of the 9,484
Revised Code is guilty of a misdemeanor of the third degree on a 9,486
first offense and a misdemeanor of the second degree on each
subsequent offense. In addition to any other sanction imposed 9,487
under this division, on a second or subsequent offense occurring 9,489
within a period of three consecutive years after the date of 9,490
conviction of the immediately preceding violation of that section 9,491
any firearms or other hunting implements in the possession or 9,493
under the control of the offender at the time of the violation 9,494
are subject to seizure in accordance with section 1531.20 of the 9,495
Revised Code. If the offender persists in the offense after 9,496
reasonable warning or request to desist, the offender is guilty 9,497
of a misdemeanor of the second degree. 9,498
(B) Whoever violates section 1533.161, 1533.23, 1533.24, 9,500
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 9,501
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 9,502
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 9,503
1533.80, division (F) of section 1533.731, or division (B) or (C) 9,504
219
of section 1533.97 of the Revised Code is guilty of a misdemeanor 9,506
of the third degree.
(C) Whoever violates division (B) of section 1533.03, 9,508
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 9,509
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 9,510
1533.721, 1533.881, OR 1533.882, division (B)(2) or (3) of 9,511
section 1533.731, or division (A) of section 1533.97 of the 9,513
Revised Code is guilty of a misdemeanor of the first degree. 9,514
(D) Whoever violates division (D) of section 1533.97 of 9,516
the Revised Code is guilty of a misdemeanor of the fourth degree. 9,517
The court shall require any person who is convicted of or pleads 9,518
guilty to the offense to refund to all participants in the 9,519
fishing tournament operated by the person any entry fees paid by 9,520
the participants. 9,521
(E) Whoever violates division (C) or (D) of section 9,523
1533.632 of the Revised Code is guilty of a felony of the fifth 9,524
degree.
(F) Whoever violates any section of this chapter for which 9,526
no penalty is otherwise provided is guilty of a misdemeanor of 9,527
the fourth degree. 9,528
(G) A court that imposes sentence for a violation of any 9,530
section of this chapter governing the holding, taking, or 9,531
possession of wild animals shall require the person who is 9,532
convicted of or pleads guilty to the offense, in addition to any 9,533
fine, term of imprisonment, seizure, and forfeiture imposed, to 9,534
make restitution for the minimum value of the wild animal or 9,535
animals illegally held, taken, or possessed as established under 9,536
section 1531.201 of the Revised Code. An officer who collects 9,537
moneys paid as restitution under this section shall pay those 9,538
moneys to the treasurer of state who shall deposit them in the 9,539
state treasury to the credit of the wildlife fund established 9,540
under section 1531.17 of the Revised Code. 9,541
Sec. 1541.03. All lands and waters dedicated and set apart 9,550
for state park purposes shall be under the control and management 9,551
220
of the division of parks and recreation, which shall protect, 9,552
maintain, and keep them in repair. The division shall have the 9,553
following powers over all such lands and waters: 9,554
(A) To make alterations and improvements; 9,556
(B) To construct and maintain dikes, wharves, landings, 9,558
docks, dams, and other works; 9,559
(C) To construct and maintain such roads and drives in, 9,561
around, upon, and to such THE lands and waters as shall TO make 9,563
them conveniently accessible and useful to the public;
(D) To adopt, rescind AMEND, and amend RESCIND, in 9,566
accordance with sections 119.01 to 119.13 CHAPTER 119. of the 9,567
Revised Code, rules necessary for the proper management of state 9,568
parks, bodies of water, and the lands adjacent thereto TO THEM 9,569
under its jurisdiction and control, including the following:
(1) Governing opening and closing times and dates of such 9,571
THE parks; 9,572
(2) Establishing fees and charges for admission to state 9,574
parks and for use of facilities therein IN THEM; 9,575
(3) Governing camps, camping, and fees therefor FOR CAMPS 9,577
AND CAMPING; 9,578
(4) Governing the application for and rental of cabins, 9,580
rental fees therefor FOR, and the use of cabins; 9,581
(5) Relating to public use of state park lands, and 9,583
governing THE operation of motor vehicles, including speeds, and 9,584
parking, on such THOSE lands; 9,585
(6) Uniform rules governing GOVERNING all advertising 9,587
within state parks and the requirements for the operation of 9,588
places selling tangible personal property and control of food 9,589
service sales on lands and waters under the control of the 9,590
division, WHICH RULES SHALL ESTABLISH UNIFORM REQUIREMENTS; 9,591
(7) Providing uniform standards relating to THE size, 9,593
type, location, construction, and maintenance of structures and 9,594
devices used for fishing or moorage of watercraft, rowboats, 9,595
sailboats, and powercraft, as those terms are defined in section 9,596
221
1547.01 of the Revised Code, over waters under the control of the 9,597
division and establishing reasonable fees for THE construction of 9,598
and annual use permits for those structures and devices; 9,599
(8) Governing state beaches, swimming, inflatable devices, 9,601
and fees therefor FOR THEM; 9,602
(9) Governing THE removal and disposition of any 9,604
watercraft, rowboat, sailboat, or powercraft, as those terms are 9,605
defined in section 1547.01 of the Revised Code, left unattended 9,606
for more than seven days on any lands or waters under the control 9,607
of the division; 9,608
(10) GOVERNING THE ESTABLISHMENT AND COLLECTION OF CHECK 9,610
COLLECTION CHARGES FOR CHECKS THAT ARE RETURNED TO THE DIVISION 9,611
OR DISHONORED FOR ANY REASON. 9,612
Every resident of this state with a disability that has 9,614
been determined by the veterans administration to be permanently 9,615
and totally disabling, who receives a pension or compensation 9,616
from the veterans administration, and who received an honorable 9,617
discharge from the armed forces of the United States, and every 9,618
veteran to whom the registrar of motor vehicles has issued a set 9,619
of license plates under section 4503.101 4503.41 of the Revised 9,621
Code, shall be exempt from the fees for camping, provided THAT
the resident or veteran carries in the state park such evidence 9,622
of his THE RESIDENT'S OR VETERAN'S disability as the chief of the 9,623
division of parks and recreation prescribes by rule. 9,624
Every resident of this state who is sixty-five years of age 9,626
or older or who is permanently and totally disabled and who 9,627
furnishes evidence of such THAT age or disability in a manner 9,628
prescribed by division rule shall be charged one-half of the 9,629
regular fee for camping, except on the week-ends WEEKENDS and 9,630
holidays designated by the division. No such SUCH A person shall 9,632
NOT be charged more than ninety per cent of the regular charges 9,633
for state recreational facilities, equipment, services, and food 9,634
service operations utilized by him THE PERSON at any time of 9,635
year, whether maintained or operated by the state or leased for 9,636
222
operation by another entity. 9,637
As used in this section, "food service operations" means 9,639
restaurants which THAT are owned by the department of natural 9,640
resources at Hocking Hills, Lake Hope, Malabar Farm, and Rocky 9,641
Fork state parks, or are part of a state park lodge. It "FOOD 9,643
SERVICE OPERATIONS" does not include automatic vending machines, 9,644
concession stands, or snack bars.
As used in this section, "prisoner of war" means any 9,646
regularly appointed, enrolled, enlisted, or inducted member of 9,647
the military forces of the United States who was captured, 9,648
separated, and incarcerated by an enemy of the United States. Any 9,650
person who has been a prisoner of war, was honorably discharged 9,651
from the military forces, and is a resident of this state is 9,652
exempt from the fees for camping. To claim this exemption, the 9,653
person shall present written evidence in the form of a record of 9,654
separation, a letter from one of the military forces of the 9,655
United States, or such other evidence as the chief prescribes by 9,656
rule that satisfies the eligibility criteria established by this 9,657
section for this exemption.
Sec. 1541.10. Any person selected by the chief of the 9,666
division of parks and recreation for custodial or patrol service 9,667
on the lands and waters operated or administered by the division 9,668
OF PARKS AND RECREATION shall be employed in conformity with the 9,669
law applicable to the classified civil service of the state. 9,671
Subject to section 1541.11 of the Revised Code, the chief may 9,672
designate that person as a park officer. A park officer has, on 9,674
any lands and waters owned, controlled, maintained, or
administered by the department of natural resources and on 9,675
roadways HIGHWAYS, AS DEFINED IN SECTION 4511.01 OF THE REVISED 9,676
CODE, adjacent to lands and waters owned, controlled, maintained, 9,678
or administered by the division of parks and recreation, HAS the 9,679
authority vested in police officers SPECIFIED under section 9,680
2935.03 of the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT 9,681
OF NATURAL RESOURCES to keep the peace, to enforce all laws and 9,682
223
all rules governing those lands and waters, and to make arrests 9,683
for violation of those laws and rules, provided that such THE 9,684
authority shall be exercised on lands or waters administered by
another division of the department only pursuant to an agreement 9,685
with the chief of that division or to a request for assistance by 9,686
an enforcement officer of that division in an emergency. A park 9,687
officer, in or along any watercourse within, abutting, or 9,688
upstream from the boundary of any area administered by the 9,689
department, has the authority to enforce section 3767.32 of the 9,690
Revised Code and any other laws prohibiting the dumping of refuse 9,691
into or along waters and to make arrests for violation of those 9,692
laws. The jurisdiction of park officers shall be concurrent with 9,693
that of the peace officers of the county, township, or municipal 9,694
corporation in which the violation occurs. A state park, for 9,695
purposes of this section, is any area that is administered as a 9,696
state park by the division of parks and recreation. 9,697
The governor, upon the recommendation of the chief, shall 9,699
issue to each park officer a commission indicating authority to 9,700
make arrests as provided in this section. 9,701
The chief shall furnish a suitable badge to each 9,703
commissioned park officer as evidence of that park officer's 9,704
authority. 9,705
If any person employed under this section is designated by 9,707
the chief to act as an agent of the state in the collection of 9,708
money MONEYS resulting from the sale of licenses, fees of any 9,709
nature, or other moneys belonging to the state, the chief shall 9,710
require a surety bond from that person in an amount not less than 9,711
one thousand dollars. 9,712
A park officer may render assistance to a state or local 9,714
law enforcement officer at the request of that officer or may 9,715
render assistance to a state or local law enforcement officer in 9,716
the event of an emergency. 9,717
Park officers serving outside the division of parks and 9,719
recreation under this section or serving under the terms of a 9,720
224
mutual aid compact authorized under section 1501.02 of the 9,721
Revised Code shall be considered as performing services within 9,722
their regular employment for the purposes of compensation, 9,723
pension or indemnity fund rights, workers' compensation, and 9,724
other rights or benefits to which they may be entitled as 9,725
incidents of their regular employment. 9,726
Park officers serving outside the division of parks and 9,728
recreation under this section or under a mutual aid compact 9,729
retain personal immunity from civil liability as specified in 9,730
section 9.86 of the Revised Code and shall not be considered an 9,731
employee of a political subdivision for purposes of Chapter 2744. 9,732
of the Revised Code. A political subdivision that uses park 9,733
officers under this section or under the terms of a mutual aid 9,734
compact authorized under section 1501.02 of the Revised Code is 9,735
not subject to civil liability under Chapter 2744. of the Revised 9,736
Code as the result of any action or omission of any park officer 9,737
acting under this section or under a mutual aid compact. 9,738
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25, 9,747
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 9,748
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the 9,749
Revised Code, "watercraft" means any of the following when used 9,750
or capable of being used for transportation on the water: 9,751
(1) A boat VESSEL operated by machinery either permanently 9,753
or temporarily affixed; 9,754
(2) A sailboat other than a sailboard; 9,756
(3) An inflatable, manually propelled boat having a hull 9,758
identification number meeting the requirements of the United 9,759
States coast guard; 9,760
(4) A canoe or row boat ROWBOAT. 9,762
"Watercraft" does not include ferries as referred to in 9,764
Chapter 4583. of the Revised Code. 9,765
Watercraft subject to section 1547.54 of the Revised Code 9,767
shall be divided into five classes as follows: 9,768
Class A: Less than sixteen feet in length; 9,770
225
Class 1: At least sixteen feet, but less than twenty-six 9,772
feet in length; 9,773
Class 2: At least twenty-six feet, but less than forty 9,775
feet in length; 9,776
Class 3: At least forty feet, but less than sixty-five 9,779
feet in length; 9,780
Class 4: At least sixty-five feet in length. 9,782
(B) As used in this chapter: 9,784
(1) "Vessel" includes every description of watercraft, 9,786
including nondisplacement craft and seaplanes, used or capable of 9,787
being used as a means of transportation on water. 9,788
(2) "Rowboat" means any vessel designed to be rowed and 9,790
that is propelled by human muscular effort by oars or paddles and 9,793
upon which no mechanical propulsion device, electric motor,
internal combustion engine, or sail has been affixed or is used 9,794
for the operation of the vessel. 9,795
(3) "Sailboat" means any vessel, equipped with mast and 9,797
sails, dependent upon the wind to propel it in the normal course 9,798
of operation. 9,799
(a) Any sailboat equipped with an inboard engine is deemed 9,801
a powercraft with auxiliary sail. 9,802
(b) Any sailboat equipped with A detachable motor is 9,804
deemed a sailboat with auxiliary power. 9,805
(c) Any sailboat being propelled by mechanical power, 9,807
whether under sail or not, is deemed a powercraft and subject to 9,808
all laws and rules governing powercraft operation. 9,809
(4) "Powercraft" means any vessel propelled by machinery, 9,811
fuel, rockets, or similar device. 9,812
(5) "Person" includes any legal entity defined as a person 9,814
in section 1.59 of the Revised Code and any body politic, except 9,815
the United States and this state, and includes any agent, 9,816
trustee, executor, receiver, assignee, or other representative 9,817
thereof.
(6) "Owner" includes any person who claims lawful 9,819
226
possession of a vessel by virtue of legal title or equitable 9,820
interest therein that entitled the person to that possession. 9,822
(7) "Operator" includes any person who navigates or has 9,824
under the person's control a vessel, or vessel and detachable 9,826
motor, on the waters in this state. 9,827
(8) "Visible" means visible on a dark night with clear 9,829
atmosphere. 9,830
(9) "Waters in this state" means all streams, rivers, 9,832
lakes, ponds, marshes, watercourses, waterways, and other bodies 9,834
of water, natural or humanmade, that are situated wholly or 9,836
partially within this state or within its jurisdiction and are 9,837
used for recreational boating.
(10) "Navigable waters" means waters that come under the 9,839
jurisdiction of the department of the army of the United States 9,840
and any waterways within or adjacent to this state, except inland 9,841
lakes having neither a navigable inlet nor outlet. 9,842
(11) "In operation" in reference to a vessel means that 9,844
the vessel is being navigated or otherwise used on the waters in 9,846
this state. 9,847
(12) "Sewage" means human body wastes and the wastes from 9,849
toilets and other receptacles intended to receive or retain body 9,850
waste. 9,851
(13) "Canoe" means a narrow vessel of shallow draft, 9,853
pointed at both ends and propelled by human muscular effort, and 9,854
includes kayaks. 9,855
(14) "Coast guard approved" means bearing an approval 9,857
number assigned by the United States coast guard. 9,858
(15) "Type one personal flotation device" means a device 9,860
that is designed to turn an unconscious person floating in water 9,862
from a face downward position to a vertical or slightly face 9,863
upward position and that has at least nine kilograms, 9,865
approximately twenty pounds, of buoyancy. 9,866
(16) "Type two personal flotation device" means a device 9,868
that is designed to turn an unconscious person in the water from 9,870
227
a face downward position to a vertical or slightly face upward 9,871
position and that has at least seven kilograms, approximately 9,873
fifteen and four-tenths pounds, of buoyancy. 9,874
(17) "Type three personal flotation device" means a device 9,876
that is designed to keep a conscious person in a vertical or 9,878
slightly face upward position and that has at least seven 9,880
kilograms, approximately fifteen and four-tenths pounds, of 9,881
buoyancy. 9,882
(18) "Type four personal flotation device" means a device 9,884
that is designed to be thrown to a person in the water and not 9,886
worn and that has at least seven and five-tenths kilograms, 9,889
approximately sixteen and five-tenths pounds, of buoyancy. 9,890
(19) "Type five personal flotation device" means a device 9,893
that, unlike other personal flotation devices, has limitations on 9,894
its approval by the United States coast guard, including, without 9,895
limitation, all of the following: 9,896
(a) The approval label on the type five personal flotation 9,898
device indicates that the device is approved for the activity in 9,899
which the vessel is being used or as a substitute for a personal 9,900
flotation device of the type required on the vessel in use; 9,901
(b) The personal flotation device is used in accordance 9,903
with any requirements on the approval label; 9,904
(c) The personal flotation device is used in accordance 9,906
with requirements in its owner's manual if the approval label 9,907
refers to such a manual. 9,908
(20) "Inflatable watercraft" means any vessel constructed 9,910
of rubber, canvas, or other material that is designed to be 9,912
inflated with any gaseous substance, constructed with two or more 9,913
air cells, and operated as a vessel. Inflatable watercraft 9,914
propelled by a motor shall be classified as powercraft and shall 9,915
be registered by length. 9,916
(21) "Idle speed" means the slowest possible speed needed 9,918
to maintain steerage or maneuverability. 9,919
(22) "Diver's flag" means a red flag not less than one 9,921
228
foot square having a diagonal white stripe extending from the 9,922
masthead to the opposite lower corner that when displayed 9,923
indicates that divers are in the water. 9,924
(23) "Muffler" means an acoustical suppression device or 9,927
system that is designed and installed to abate the sound of 9,928
exhaust gases emitted from an internal combustion engine and that 9,929
prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law 9,931
enforcement and under the command of a law enforcement officer. 9,932
(25) "Personal watercraft" means a vessel, less than 9,934
sixteen feet in length, that is propelled by machinery and 9,935
designed to be operated by an individual sitting, standing, or 9,936
kneeling on the vessel rather than by an individual sitting or 9,937
standing inside the vessel.
(26) "No wake" has the same meaning as "idle speed." 9,939
(C) Unless otherwise provided, this chapter applies to all 9,941
vessels operating on the waters in this state. Nothing in this 9,942
chapter shall be construed in contravention of any valid federal 9,943
act or rule REGULATION, but is in addition to the act or rule 9,945
REGULATION where not inconsistent.
The state reserves to itself the exclusive right to 9,947
regulate the minimum equipment requirements of watercraft and 9,948
vessels operated on the waters in this state. 9,949
Sec. 1547.03. No person shall install or use any 9,958
intermittently flashing light of any type or color on any vessel 9,959
in use or operation on the waters in this state, except that such 9,960
flashing lights may be installed and used in an emergency to 9,961
attract attention to such an emergency for aid and relief of the 9,962
distressed, and except that a blue revolving or flashing
horizontal beam located at any effective point on the vessel may 9,963
be displayed by authorized patrol boats when engaged in law 9,964
enforcement duties day or night on waters in this state IN 9,965
ACCORDANCE WITH FEDERAL LAW.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,967
229
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,968
Sec. 1547.04. No person, except an authorized watercraft 9,977
representative of the federal government, the state, or any of 9,978
its political subdivisions shall use or operate a siren on the 9,979
waters in this state except for emergency purposes. 9,980
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,982
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,983
Sec. 1547.08. (A) No person shall operate a vessel within 9,991
or through a designated bathing area or within or through any 9,992
area that has been buoyed off designating it as an area in which 9,993
vessels are prohibited. 9,994
(B)(1) No person shall operate a vessel at greater than 9,996
idle speed or at a speed that creates a wake within three hundred 9,997
feet of any marina, boat docking facility, boat gasoline dock, 9,998
launch ramp, recreational boat harbor, or harbor entrance, or 9,999
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 10,000
within any water between the Dan Beard bridge and the Brent 10,001
Spence bridge on the Ohio river for any vessel not documented by 10,002
the United States coast guard as commercial, or within any area 10,003
buoyed or marked as a no wake area.
(2) Division (B)(1) of this section does not apply in any 10,006
of the following places:
(a) The Muskingum river UNLESS THE RIVER IS MARKED BY A 10,008
BUOY OR SIGN AS A NO WAKE OR IDLE SPEED AREA; 10,009
(b) Any other area designated by the chief of the division 10,012
of watercraft unless it is marked by a buoy or sign as a no wake 10,013
or idle speed area;
(c) Within any water between the Dan Beard bridge and the 10,016
Brent Spence bridge on the Ohio river when the United States 10,017
coast guard has authorized the holding of a special event of a 10,018
community nature on that water.
(C) No person shall operate a vessel in any area of 10,020
restricted or controlled operation in violation of the designated 10,021
restriction. 10,022
230
(D) No person shall operate a vessel within three hundred 10,024
feet of an official diver's flag unless he THE PERSON is 10,025
tendering the diving operation. 10,026
(E) All areas of restricted or controlled operation as 10,028
described in division (A) of this section or as provided for in 10,029
section 1547.14 or 1547.61 of the Revised Code shall be marked by 10,030
a buoy or sign designating the restriction. All waters 10,031
surrounded by or lying between such a buoy or sign and the 10,032
closest shoreline are thereby designated as an area in which the 10,033
designated restrictions shall apply in the operation of any 10,034
vessel. 10,035
Markings on buoys designating areas of restricted or 10,037
controlled operation shall be so spaced as to show all around the 10,038
horizon. Lineal spacing between the buoys shall be such that 10,039
under normal conditions of visibility any buoy shall be readily 10,040
visible from the next adjacent buoy. No colors or symbols, 10,041
except as provided for in rules of the chief, shall be used on 10,042
buoys or signs for marking closed or controlled areas of boating 10,044
waters.
Any state department, conservancy district, or political 10,046
subdivision having jurisdiction and control of impounded boating 10,047
waters may place such buoys or signs on its waters. Any 10,048
political subdivision may apply to the chief for permission to 10,049
place such buoys or signs on other waters within its territorial 10,052
limits. No person shall place or cause to be placed a regulatory 10,054
buoy or sign on, into, or along the waters in this state unless 10,056
the person has complied with all the provisions of this chapter. 10,057
(F) NO PERSON SHALL PERMIT ANY VESSEL TO BE OPERATED ON 10,059
THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,060
Sec. 1547.09. No person shall moor or anchor any vessel in 10,069
a designated speed zone or water ski zone. No person, unless in 10,070
distress and no other vessel is endangered thereby, shall moor 10,071
to, anchor to, or tie up to any marker, aid, buoy, light, or 10,072
other aid to navigation.
231
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,074
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,075
Sec. 1547.111. (A) Any person who operates a vessel or 10,084
uses any water skis, aquaplane, or similar device upon any waters 10,085
in this state shall be deemed to have given consent to a chemical 10,086
test or tests of his THE PERSON'S blood, breath, or urine for the 10,088
purpose of determining its alcohol or drug of abuse content if
arrested for the offense of operating a vessel or using any water 10,090
skis, aquaplane, or similar device in violation of section 10,091
1547.11 of the Revised Code. The test or tests shall be 10,092
administered at the direction of a law enforcement officer having 10,093
reasonable grounds to believe the person to have been operating a 10,094
vessel or using any water skis, aquaplane, or similar device in 10,095
violation of section 1547.11 of the Revised Code. The law 10,096
enforcement agency by which the officer is employed shall 10,097
designate which of the tests shall be administered. 10,098
(B) Any person who is dead, unconscious, or who is 10,100
otherwise in a condition rendering him THE PERSON incapable of 10,101
refusal shall be deemed not to have withdrawn consent provided by 10,103
division (A) of this section and the test or tests may be 10,104
administered, subject to sections 313.12 to 313.16 of the Revised 10,105
Code.
(C) Any person under arrest for the offense of operating a 10,107
vessel or using any water skis, aquaplane, or similar device in 10,108
violation of section 1547.11 of the Revised Code shall be advised 10,109
of the consequences of his refusal REFUSING to submit to a 10,110
chemical test designated by the law enforcement agency as 10,112
provided in division (A) of this section. The advice shall be in 10,113
a written form prescribed by the chief of the division of 10,114
watercraft and shall be read to the person. The form shall 10,115
contain a statement that the form was shown to the person under 10,116
arrest and read to him THE PERSON in the presence of the 10,117
arresting officer and either another law enforcement officer, A 10,118
civilian law enforcement employee, or an employee of a hospital, 10,119
232
first-aid station, or clinic, if any, to which the person has 10,120
been taken for first-aid or medical treatment. The witnesses 10,121
shall certify to this fact by signing the form. 10,122
(D) If a person under arrest for the offense of operating 10,124
a vessel or using any water skis, aquaplane, or similar device in 10,125
violation of section 1547.11 of the Revised Code refuses upon the 10,126
request of a law enforcement officer to submit to a chemical test 10,127
designated by the law enforcement agency as provided in division 10,128
(A) of this section, after first having been advised of the 10,129
consequences of his THE refusal as provided in division (C) of 10,130
this section, no chemical test shall be given, but the chief of 10,131
the division of watercraft, upon receipt of a sworn statement of 10,132
the law enforcement officer that he THE LAW ENFORCEMENT OFFICER 10,133
had reasonable grounds to believe the arrested person had been 10,134
operating a vessel or using any water skis, aquaplane, or similar 10,135
device while under the influence of alcohol or a drug of abuse, 10,136
UNDER the combined influence of alcohol and a drug of abuse, or 10,137
with a prohibited concentration of alcohol in his THE PERSON'S 10,138
blood, urine, or breath, and that the person refused to submit to 10,139
the chemical test upon the request of the law enforcement 10,140
officer, and upon receipt of the form as provided in division (C) 10,141
of this section certifying that the arrested person was advised 10,142
of the consequences of his THE refusal, shall inform the person 10,143
by written notice that he THE PERSON is prohibited from operating 10,145
a vessel or using any water skis, aquaplane, or similar device, 10,146
and is prohibited from registering any watercraft in accordance 10,147
with section 1547.54 of the Revised Code, for one year following 10,148
the date of the alleged violation of section 1547.11 of the 10,149
Revised Code. The suspension of these operation, use, and 10,150
registration privileges shall continue for the entire one-year 10,151
period, subject to review as provided in this section. 10,152
If the person under arrest is the owner of the vessel 10,154
involved in the alleged violation, the LAW ENFORCEMENT OFFICER 10,156
WHO ARRESTED THE PERSON SHALL SEIZE THE WATERCRAFT REGISTRATION 10,157
233
CERTIFICATE AND TAGS FROM THE VESSEL INVOLVED IN THE VIOLATION 10,158
AND FORWARD THEM TO THE CHIEF. THE chief of the division of 10,160
watercraft, in addition to informing him THE PERSON by written 10,162
notice that he THE PERSON is prohibited from operating a vessel 10,163
or using any water skis, aquaplane, or similar device, and from 10,165
registering any watercraft in accordance with section 1547.54 of 10,166
the Revised Code, for one year following the date of the alleged 10,167
violation, shall RETAIN THE IMPOUNDED REGISTRATION CERTIFICATE 10,168
AND TAGS, AND SHALL impound the ALL OTHER registration 10,169
certificate CERTIFICATES and tags issued to the person in 10,170
accordance with sections 1547.54 and 1547.57 of the Revised Code, 10,171
for a period of one year following the date of the alleged 10,172
violation. The registration certificate and tags may be 10,173
impounded on the date of the alleged violation and such 10,174
impoundment shall continue for the entire one-year period, 10,175
subject to review as provided in this section. 10,176
IF THE ARRESTED PERSON FAILS TO SURRENDER THE REGISTRATION 10,179
CERTIFICATE BECAUSE IT IS NOT ON THE PERSON OF THE ARRESTED 10,180
PERSON OR IN THE WATERCRAFT, THE LAW ENFORCEMENT OFFICER WHO MADE 10,181
THE ARREST SHALL ORDER THE PERSON TO SURRENDER IT WITHIN 10,182
TWENTY-FOUR HOURS TO THE LAW ENFORCEMENT OFFICER OR THE LAW 10,183
ENFORCEMENT AGENCY THAT EMPLOYS THE LAW ENFORCEMENT OFFICER. IF 10,185
THE PERSON FAILS TO DO SO, THE LAW ENFORCEMENT OFFICER SHALL 10,186
NOTIFY THE CHIEF OF THAT FACT IN THE STATEMENT THE OFFICER 10,187
SUBMITS TO THE CHIEF UNDER THIS DIVISION.
(E) Upon suspending a person's operation, use, and 10,189
registration privileges in accordance with division (D) of this 10,190
section, the chief of the division of watercraft shall notify the 10,191
person in writing, at his THE PERSON'S last known address, and 10,192
inform him THE PERSON that he THE PERSON may petition for a 10,194
hearing in accordance with division (F) of this section. If a
person whose operation, use, and registration privileges have 10,195
been suspended petitions for a hearing or appeals any decision 10,196
that is adverse to him THE PERSON, the suspension of privileges 10,197
234
shall begin at the termination of any hearing or appeal unless 10,198
the hearing or appeal resulted in a decision favorable to the 10,199
person. 10,200
(F) Any person who has been notified by the chief of the 10,202
division of watercraft that he THE PERSON is prohibited from 10,203
operating a vessel or using any water skis, aquaplane, or similar 10,204
device, and from registering any watercraft in accordance with 10,206
section 1547.54 of the Revised Code, or who has had the 10,207
registration certificate and tags of his THE PERSON'S watercraft 10,208
impounded pursuant to division (D) of this section, may, within 10,210
twenty days of the notification or impoundment, MAY file a 10,211
petition in the municipal court or the county court, or in case 10,212
IF the person is a minor in juvenile court, in whose jurisdiction 10,214
the arrest occurred, agreeing to pay the cost of the proceedings 10,215
and alleging error in the action taken by the chief of the 10,216
division of watercraft under division (D) of this section or 10,217
alleging one or more of the matters within the scope of the 10,218
hearing as provided in this section, or both. The petitioner 10,219
shall notify the chief of the division of watercraft of the 10,220
filing of the petition and send him THE CHIEF a copy of the 10,221
petition.
The scope of the hearing is limited to the issues of 10,223
whether the law enforcement officer had reasonable grounds to 10,224
believe the petitioner was operating a vessel or using any water 10,225
skis, aquaplane, or similar device while under the influence of 10,226
alcohol or a drug of abuse, UNDER the combined influence of 10,227
alcohol and a drug of abuse, or with a prohibited concentration 10,228
of alcohol or a drug of abuse in his THE PERSON'S blood, urine, 10,229
or breath, whether the petitioner was placed under arrest, 10,231
whether the petitioner refused to submit to the chemical test 10,232
upon request of the officer, and whether he THE PETITIONER was 10,233
advised of the consequences of his THE refusal. 10,234
(G)(1) The chief of the division of watercraft shall 10,236
furnish the court a copy of the affidavit as provided in division 10,237
235
(C) of this section and any other relevant information requested 10,238
by the court. 10,239
(2) In hearing the matter and in determining whether the 10,241
person has shown error in the decision taken by the chief of the 10,242
division of watercraft as provided in division (D) of this 10,243
section, the court shall decide the issue upon the relevant, 10,244
competent, and material evidence submitted by the chief of the 10,245
division of watercraft or the person whose operation, use, and 10,246
registration privileges have been suspended. 10,247
IN THE PROCEEDINGS, THE CHIEF SHALL BE REPRESENTED BY THE 10,250
PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PETITION IS FILED 10,251
IF THE PETITION IS FILED IN A COUNTY COURT OR JUVENILE COURT, 10,252
EXCEPT THAT IF THE ARREST OCCURRED WITHIN A CITY OR VILLAGE 10,253
WITHIN THE JURISDICTION OF THE COUNTY COURT IN WHICH THE PETITION 10,254
IS FILED, THE CITY DIRECTOR OF LAW OR VILLAGE SOLICITOR OF THAT 10,255
CITY OR VILLAGE SHALL REPRESENT THE CHIEF. IF THE PETITION IS 10,256
FILED IN THE MUNICIPAL COURT, THE CHIEF SHALL BE REPRESENTED AS 10,257
PROVIDED IN SECTION 1901.34 OF THE REVISED CODE. 10,259
(3) If the court finds from the evidence submitted that 10,261
the person has failed to show error in the action taken by the 10,262
chief of the division of watercraft under division (D) of this 10,263
section or in one or more of the matters within the scope of the 10,264
hearing as provided in division (F) of this section, or both, 10,265
then the court shall assess the cost of the proceeding against 10,266
the person and shall uphold the suspension of the operation, use, 10,267
and registration privileges provided in division (D) of this 10,268
section. If the court finds that the person has shown error in 10,269
the action taken by the chief of the division of watercraft under 10,270
division (D) of this section or in one or more of the matters 10,271
within the scope of the hearing as provided in division (F) of 10,272
this section, or both, the cost of the proceedings shall be paid 10,273
out of the county treasury of the county in which the proceedings 10,274
were held, the operation, use, and registration privileges of the 10,275
person shall be reinstated without charge, and the registration 10,276
236
certificate and tags, if impounded, shall be returned without 10,277
charge. 10,278
(4) The court shall give information in writing of any 10,280
action taken under this section to the chief of the division of 10,281
watercraft. 10,282
(H) At the end of any period of suspension or impoundment 10,284
imposed under this section, and upon request of the person whose 10,285
operation, use, and registration privileges were suspended or 10,286
whose registration certificate and tags were impounded, the chief 10,287
of the division of watercraft shall reinstate the person's 10,288
operation, use, and registration privileges by written notice and 10,289
return the certificate and tags. 10,290
(I) No person who has received written notice from the 10,292
chief of the division of watercraft that he THE PERSON is 10,293
prohibited from operating a vessel or using any water skis, 10,294
aquaplane, or similar device, and from registering a watercraft, 10,296
or who has had the registration certificate and tags of his THE 10,297
PERSON'S watercraft impounded, in accordance with division (D) of 10,299
this section, shall operate a vessel or use any water skis, 10,300
aquaplane, or similar device for a period of one year following 10,301
the date of his THE PERSON'S alleged violation of section 1547.11 10,302
of the Revised Code.
Sec. 1547.12. No person shall operate any vessel if the 10,311
person is so mentally or physically incapacitated as to be unable 10,312
to operate the vessel in a safe and competent manner. 10,313
NO PERSON SHALL PERMIT ANY VESSEL TO BE OPERATED ON THE 10,315
WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,316
Sec. 1547.13. (A) No person shall fail to comply with any 10,325
lawful order or direction of any law enforcement officer having 10,326
authority to direct, control, or regulate the operation or use of 10,327
vessels.
(B) No person shall operate any vessel so as to purposely 10,329
elude or flee from a law enforcement officer after receiving a 10,330
visible or audible signal from a law enforcement officer to bring 10,331
237
the vessel to a stop.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,333
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,335
Sec. 1547.131. Upon the approach of a law enforcement 10,344
vessel with at least one blue flashing, rotating, or oscillating 10,345
light OF A COLOR CONFORMING WITH THE REQUIREMENTS OF FEDERAL LAW, 10,346
the operator of any vessel shall stop if followed or give way in 10,348
any crossing, head-on, or overtaking situation, and shall remain 10,349
in such THAT position until the law enforcement vessel has 10,351
passed, except when otherwise directed by a law enforcement
officer. If traffic conditions warrant, a siren or other sound 10,352
producing device also may be operated as an additional signaling 10,353
device. This section does not relieve the operator of any law 10,354
enforcement vessel from the duty to operate with due regard for 10,355
the safety of all persons and property on the waters in this
state.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,357
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,359
Sec. 1547.14. (A) Except on the waters of Lake Erie, the 10,368
Ohio River, and immediately connected harbors and anchorage 10,369
facilities, any person who rides or attempts to ride upon one or 10,370
more water skis, surfboard, or similar device, or who engages or 10,371
attempts to engage in barefoot skiing, and any person who
operates a vessel towing a person riding or attempting to ride on 10,372
one or more water skis, surfboard, or similar device, or engaging 10,373
or attempting to engage in barefoot skiing, shall confine that 10,374
activity to the water area within a designated ski zone on all 10,375
bodies of water whereon ON WHICH a ski zone has been established. 10,377
(B) On all bodies of water designated as "open zone," that 10,379
is, having a combined speed and ski zone, the activities 10,380
described in division (A) of this section shall be confined to 10,381
the open zone.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,383
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,385
238
Sec. 1547.15. Any person who opeates OPERATES a vessel 10,394
towing any person riding or attempting to ride upon one or more 10,396
water skis, OR UPON A surfboard, or similar device, or engaging 10,399
or attempting to engage in barefoot skiing, on the waters in this
state shall have present in the vessel a person or persons other 10,400
than the operator, ten years of age or older, who shall at all 10,401
times observe the progress of the person being towed. The 10,402
operator of the towing vessel shall at all times observe the 10,403
traffic pattern toward which the vessel is approaching. 10,404
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,406
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,408
Sec. 1547.22. No occupant of any vessel underway on the 10,417
waters in this state shall sit, stand, or walk upon any portion 10,418
of the vessel not specifically designed for that movement, except 10,419
when immediately necessary for the safe and reasonable navigation 10,420
or operation of the vessel. No operator of a vessel under way on 10,421
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 10,423
specifically designed for that use, except when immediately 10,424
necessary for the safe and reasonable navigation or operation of 10,426
the vessel.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,428
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,430
Sec. 1547.25. (A) No person shall operate or permit to be 10,439
operated any watercraft, OTHER THAN A COMMERCIAL VESSEL, on the 10,441
waters in this state:
(1) Sixteen THAT IS SIXTEEN feet or greater in length 10,443
without carrying aboard one type one, two, or three personal 10,445
flotation device for each person aboard and one type four 10,447
personal flotation device; 10,448
(2) Less THAT IS LESS than sixteen feet in length, 10,450
including canoes and kayaks of any length, without carrying 10,453
aboard one type one, two, or three personal flotation device for 10,455
each person aboard.
239
(B) A type five personal flotation device may be carried 10,458
in lieu of a type one, two, or three personal flotation device 10,460
required under division (A) of this section. 10,461
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,463
COMMERCIAL VESSEL ON THE WATERS IN THIS STATE: 10,464
(1) THAT IS LESS THAN FORTY FEET IN LENGTH AND IS NOT 10,466
CARRYING PERSONS FOR HIRE WITHOUT CARRYING ABOARD AT LEAST ONE 10,467
TYPE ONE, TWO, OR THREE PERSONAL FLOTATION DEVICE FOR EACH PERSON 10,469
ABOARD;
(2) THAT IS CARRYING PERSONS FOR HIRE OR IS FORTY FEET IN 10,471
LENGTH OR LONGER AND IS NOT CARRYING PERSONS FOR HIRE WITHOUT 10,472
CARRYING ABOARD AT LEAST ONE TYPE ONE PERSONAL FLOTATION DEVICE 10,473
FOR EACH PERSON ABOARD; 10,474
(3) THAT IS TWENTY-SIX FEET IN LENGTH OR LONGER WITHOUT 10,476
CARRYING ABOARD AT LEAST ONE TYPE FOUR RING LIFE BUOY IN ADDITION 10,478
TO THE APPLICABLE REQUIREMENTS OF DIVISIONS (C)(1) AND (2) OF 10,479
THIS SECTION. 10,480
(D) Each personal flotation device carried aboard a 10,482
watercraft OR COMMERCIAL VESSEL pursuant to this section shall be 10,483
coast guard approved and in good and serviceable condition, of 10,485
appropriate size for the wearer, and readily accessible to each 10,486
person aboard the watercraft at all times. 10,487
(E) AS USED IN THIS SECTION, "COMMERCIAL VESSEL" MEANS ANY 10,489
VESSEL USED IN THE CARRIAGE OF ANY PERSON OR PROPERTY FOR A 10,490
VALUABLE CONSIDERATION WHETHER FLOWING DIRECTLY OR INDIRECTLY 10,491
FROM THE OWNER, PARTNER, OR AGENT OR ANY OTHER PERSON INTERESTED 10,492
IN THE VESSEL. "COMMERCIAL VESSEL" DOES NOT INCLUDE ANY VESSEL 10,493
THAT IS MANUFACTURED OR USED PRIMARILY FOR NONCOMMERCIAL USE OR 10,494
THAT IS LEASED, RENTED, OR CHARTERED TO ANOTHER FOR NONCOMMERCIAL
USE.
Sec. 1547.251. (A) No person shall operate on the waters 10,504
of Lake Erie or the immediately connecting bays, harbors, and 10,505
anchorage areas AT ANY TIME a vessel:
(1) Sixteen THAT IS SIXTEEN or more feet in length or any 10,507
240
vessel carrying six or fewer passengers for hire without carrying 10,509
coast guard approved visual distress signals for both day and 10,510
night use;
(2) Less than sixteen feet in length between sunset and 10,512
sunrise without carrying coast guard approved distress signals 10,513
for night use. 10,514
The distress signals required by this division shall be in 10,516
good and serviceable condition, readily accessible, and of the 10,517
type and quantities required by the "Federal Boat Safety Act of 10,518
1971," 85 Stat. 213, 46 U.S.C.A. 1451, as amended. 10,519
(B) NO PERSON SHALL OPERATE UPON THE WATERS OF LAKE ERIE 10,523
OR THE IMMEDIATELY CONNECTING BAYS, HARBORS, AND ANCHORAGE AREAS 10,524
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 10,525
ANY OF THE FOLLOWING WITHOUT CARRYING COAST GUARD APPROVED VISUAL 10,526
DISTRESS SIGNALS FOR NIGHT USE: 10,527
(1) A VESSEL LESS THAN SIXTEEN FEET IN LENGTH; 10,529
(2) A VESSEL COMPETING IN AN ORGANIZED MARINE PARADE, 10,531
RACE, REGATTA, OR SIMILAR EVENT; 10,532
(3) A MANUALLY PROPELLED VESSEL; 10,534
(4) A SAILBOAT LESS THAN TWENTY-SIX FEET IN LENGTH WITH 10,536
COMPLETELY OPEN CONSTRUCTION AND WITHOUT PROPULSION MACHINERY. 10,538
(C) No person shall operate a vessel on the waters in this 10,541
state other than Lake Erie or the immediately connecting bays, 10,542
harbors, and anchorage AREAS unless the vessel carries either a
distress flag at least two feet square and international orange 10,543
in color or a coast guard approved daytime distress signal. 10,544
(C)(D) No person shall display any distress signal unless 10,546
a vessel or a person is in distress and in need of help. 10,547
(D)(E) Divisions (A) and (B)(C) of this section do not 10,550
apply to any of the following:
(1) Vessels competing in an organized marine parade, race, 10,552
regatta, or similar event; 10,553
(2) Manually propelled vessels; 10,555
(3) Sailboats less than twenty-six feet in length with 10,557
241
completely open construction and without propulsion machinery. 10,558
(F) THE DISTRESS SIGNALS REQUIRED BY THIS SECTION SHALL BE 10,560
IN GOOD AND SERVICEABLE CONDITION, READILY ACCESSIBLE, AND OF THE 10,561
TYPE AND QUANTITIES REQUIRED BY REGULATIONS ADOPTED UNDER 46 10,563
U.S.C. 4302, AS AMENDED.
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,565
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,566
Sec. 1547.26. All watercraft, except sailboats less than 10,575
sixteen feet long having a cockpit depth of less than twelve 10,576
inches and except canoes, shall carry an anchor and line of 10,577
sufficient weight and length to anchor the watercraft securely. 10,578
The chief may OF THE DIVISION OF WATERCRAFT, by rule, MAY exempt 10,579
other types of watercraft from this section if he determines 10,580
AFTER DETERMINING that carrying such AN anchor and line would 10,581
constitute a hazard. 10,582
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,584
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 10,586
SECTION.
Sec. 1547.30. (A) As used in this section and sections 10,595
1547.301, 1547.302, and 1547.304 of the Revised Code: 10,596
(1) "Vessel or outboard motor" excludes an abandoned junk 10,598
vessel or outboard motor, as defined in section 1547.303 of the 10,599
Revised Code, or any watercraft or outboard motor under section 10,600
4585.31 of the Revised Code. 10,601
(2) "Law enforcement agency" means any organization or 10,603
unit comprised of law enforcement officers, as defined in section 10,605
2901.01 of the Revised Code.
(B)(1) The sheriff of a county, chief of police of a 10,607
municipal corporation, township, or township police district, or 10,608
other chief of a law enforcement agency, within the sheriff's or 10,609
chief's respective territorial jurisdiction, upon complaint of 10,610
any person adversely affected, may order into storage any vessel 10,611
or outboard motor that has been left on private property, other 10,612
than a private dock or mooring facility or structure, for at 10,613
242
least seventy-two hours without the permission of the person 10,614
having the right to the possession of the property. The sheriff 10,615
or chief, upon complaint of the owner of a marine repair facility 10,616
or place of storage, may order into storage any vessel or 10,617
outboard motor that has been left at the facility or place of 10,618
storage for a longer period than that agreed upon. The place of 10,619
storage shall be designated by the sheriff or chief. When 10,620
ordering a vessel or motor into storage under division (B)(1) of 10,621
this section, a sheriff or chief, whenever possible, shall 10,623
arrange for the removal of the vessel or motor by a private tow 10,624
truck operator or towing company.
(2)(a) Except as provided in division (B)(2)(d) of this 10,627
section, no person, without the consent of the owner or other 10,628
person authorized to give consent, shall moor, anchor, or tie a 10,629
vessel OR OUTBOARD MOTOR at a private dock or mooring facility or 10,631
structure owned by another person if the owner has posted, in a 10,632
conspicuous manner, a prohibition against the mooring, anchoring,
or tying of vessels OR OUTBOARD MOTORS at the dock, facility, or 10,633
structure by any person not having the consent of the owner or 10,635
other person authorized to give consent.
(b) If the owner of a private dock or mooring facility or 10,637
structure has posted at the dock, facility, or structure, in a 10,638
conspicuous manner, conditions and regulations under which the 10,639
mooring, anchoring, or tying of vessels OR OUTBOARD MOTORS is 10,640
permitted at the dock, facility, or structure, no person, except 10,642
as provided in division (B)(2)(d) of this section, shall moor, 10,644
anchor, or tie a vessel OR OUTBOARD MOTOR at the dock, facility, 10,645
or structure in violation of the posted conditions and 10,646
regulations.
(c) The owner of a private dock or mooring facility or 10,648
structure may order towed into storage any vessel OR OUTBOARD 10,649
MOTOR found moored, anchored, or tied in violation of division 10,651
(B)(2)(a) or (b) of this section, provided that the owner of the 10,653
dock, facility, or structure posts on it a sign that states that 10,655
243
the dock, facility, or structure is private, is visible from all 10,656
entrances to the dock, facility, or structure, and contains all 10,657
of the following information:
(i) The information specified in division (B)(2)(a) or (b) 10,660
of this section, as applicable; 10,661
(ii) A notice that violators will be towed and that 10,663
violators are responsible for paying the cost of the towing; 10,664
(iii) The telephone number of the person from whom a towed 10,666
vessel OR OUTBOARD MOTOR may be recovered, and the address of the 10,667
place to which the vessel OR OUTBOARD MOTOR will be taken and the 10,669
place from which it may be recovered.
(d) Divisions (B)(2)(a) and (b) of this section do not 10,673
prohibit a person from mooring, anchoring, or tying a vessel OR 10,674
OUTBOARD MOTOR at a private dock or mooring facility or structure 10,675
if either of the following applies: 10,676
(i) The vessel OR OUTBOARD MOTOR is disabled due to a 10,678
mechanical or structural malfunction, provided that the person 10,680
immediately removes the vessel OR OUTBOARD MOTOR from the dock, 10,682
facility, or structure when the malfunction is corrected or when
a reasonable attempt has been made to correct it; 10,683
(ii) Weather conditions are creating an imminent threat to 10,685
safe operation of the vessel OR OUTBOARD MOTOR, provided that the 10,686
person immediately removes the vessel OR OUTBOARD MOTOR from the 10,688
dock, facility, or structure when the weather conditions permit 10,690
safe operation of the vessel OR OUTBOARD MOTOR.
(e) A person whose vessel OR OUTBOARD MOTOR is towed into 10,692
storage under division (B)(2)(c) of this section either shall pay 10,694
the costs of the towing of the vessel OR OUTBOARD MOTOR or shall 10,695
reimburse the owner of the dock or mooring facility or structure 10,697
for the costs that the owner incurs in towing the vessel OR 10,698
OUTBOARD MOTOR.
(3) Subject to division (C) of this section, the owner of 10,701
a vessel or motor that has been removed under division (B) of 10,702
this section may recover the vessel or motor only in accordance 10,704
244
with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor 10,706
that has been ordered into storage under division (B) of this 10,707
section arrives after the vessel or motor has been prepared for 10,708
removal, but prior to its actual removal from the property, the 10,709
owner or operator shall be given the opportunity to pay a fee of 10,710
not more than one-half of the charge for the removal of vessels 10,711
or motors under division (B) of this section that normally is 10,712
assessed by the person who has prepared the vessel or motor for 10,713
removal, in order to obtain release of the vessel or motor. Upon 10,714
payment of that fee, the vessel or motor shall be released to the 10,715
owner or operator, and upon its release, the owner or operator 10,716
immediately shall move it so that it is not on the private 10,717
property without the permission of the person having the right to 10,718
possession of the property, or is not at the facility or place of 10,719
storage without the permission of the owner, whichever is 10,720
applicable. 10,721
(D) Each county sheriff, each chief of police of a 10,723
municipal corporation, township, or township police district, and 10,724
each other chief of a law enforcement agency shall maintain a 10,725
record of vessels or outboard motors that are ordered into 10,727
storage under division (B)(1) of this section. The record shall
include an entry for each such vessel or motor that identifies 10,729
the vessel's hull identification number or serial number, if any, 10,730
the vessel's or motor's make, model, and color, the location from 10,731
which it was removed, the date and time of its removal, the 10,732
telephone number of the person from whom it may be recovered, and 10,733
the address of the place to which it has been taken and from 10,734
which it may be recovered. Any information in the record that 10,735
pertains to a particular vessel or motor shall be provided to any 10,736
person who, pursuant to a statement the person makes either in 10,737
person or by telephone, is identified as the owner or operator of 10,739
the vessel or motor and requests information pertaining to its
location. 10,740
245
(E) Any person who registers a complaint that is the basis 10,742
of a sheriff's or chief's order for the removal and storage of a 10,743
vessel or outboard motor under division (B)(1) of this section 10,744
shall provide the identity of the law enforcement agency with 10,745
which the complaint was registered to any person who, pursuant to 10,747
a statement the person makes, is identified as the owner or 10,748
operator of the vessel or motor and requests information 10,749
pertaining to its location.
(F)(1) The owner of a vessel or outboard motor that is 10,751
ordered into storage under division (B) of this section may 10,752
reclaim it upon payment of any expenses or charges incurred in 10,753
its removal, in an amount not to exceed two hundred dollars, and 10,754
storage, in an amount not to exceed five dollars per 10,755
twenty-four-hour period, and upon presentation of proof of 10,756
ownership, which may be evidenced by a certificate of title to 10,758
the vessel or motor, certificate of United States coast guard 10,759
documentation, or certificate of registration if the vessel or 10,760
motor is not subject to titling under section 1548.01 of the 10,761
Revised Code.
(2) If a vessel or outboard motor that is ordered into 10,764
storage under division (B)(1) of this section remains unclaimed 10,766
by the owner for thirty days, the procedures established by 10,767
sections 1547.301 and 1547.302 of the Revised Code shall apply. 10,768
(3) If a vessel or outboard motor ordered into storage 10,771
under division (B)(2) of this section remains unclaimed for
seventy-two hours after being stored, the tow truck operator or 10,773
towing company that removed the vessel or outboard motor shall 10,774
provide notice of the removal and storage to the sheriff of a
county, chief of police of a municipal corporation, township, or 10,775
township police district, or other chief of a law enforcement 10,776
agency within whose territorial jurisdiction the vessel or 10,777
outboard motor had been moored, anchored, or tied in violation of 10,778
division (B)(2) of this section. The notice shall be in writing 10,780
and include the vessel's hull identification number or serial
246
number, if any, the vessel's or outboard motor's make, model, and 10,781
color, the location from which it was removed, the date and time 10,782
of its removal, the telephone number of the person from whom it 10,783
may be recovered, and the address of the place to which it has 10,784
been taken and from which it may be recovered. 10,785
Upon receipt of the notice, the sheriff or chief 10,787
immediately shall cause a search to be made of the records of the 10,788
division of watercraft to ascertain the owner and any lienholder 10,789
of the vessel or outboard motor, and, if known, shall send notice 10,790
to the owner and lienholder, if any, at the owner's and
lienholder's last known address by certified mail, return receipt 10,791
requested, that the vessel or outboard motor will be declared a 10,792
nuisance and disposed of if not claimed not later than thirty 10,793
days after the date of the mailing of the notice. 10,794
If the owner or lienholder makes no claim to the vessel or 10,796
outboard motor within thirty days of the date of the mailing of 10,797
the notice, the sheriff or chief shall file with the clerk of 10,798
courts of the county in which the place of storage is located an 10,799
affidavit showing compliance with the requirements of division 10,800
(F)(3) of this section, and the vessel or outboard motor shall be 10,801
disposed of in accordance with section 1547.302 of the Revised 10,802
Code. 10,803
(G) No person shall remove, or cause the removal of, any 10,805
vessel or outboard motor from private property other than in 10,806
accordance with division (B) of this section or section 1547.301 10,807
of the Revised Code. 10,808
Sec. 1547.302. (A) Unclaimed vessels or outboard motors 10,817
ordered into storage under division (B) of section 1547.30 or 10,818
section 1547.301 of the Revised Code shall be disposed of at the 10,819
order of the sheriff of the county, the chief of police of the 10,820
municipal corporation, township, or township police district, or 10,821
other ANOTHER chief of a law enforcement agency to IN ANY OF THE 10,823
FOLLOWING WAYS:
(1) TO a marine salvage dealer or to; 10,826
247
(2) TO any other facility owned, operated, or under 10,828
contract with the state, or the county, municipal corporation, 10,829
township, or other political subdivision, or shall be sold; 10,830
(3) TO A CHARITABLE ORGANIZATION, RELIGIOUS ORGANIZATION, 10,832
OR SIMILAR ORGANIZATION NOT USED AND OPERATED FOR PROFIT; 10,833
(4) BY SALE at public auction by the sheriff, THE chief, 10,836
or an auctioneer licensed under Chapter 4707. of the Revised 10,837
Code, after giving notice thereof OF THE AUCTION by 10,838
advertisement, published once a week for two consecutive weeks in 10,840
a newspaper of general circulation in the county. Any 10,841
(B) ANY moneys accruing from the disposition of an 10,843
unclaimed vessel or motor that are in excess of the expenses 10,844
resulting from the removal and storage of the vessel or motor 10,845
shall be credited to the general revenue fund, or to the general 10,846
fund of the county, municipal corporation, township, or other 10,847
political subdivision, as appropriate. 10,848
(C) AS USED IN THIS SECTION, "CHARITABLE ORGANIZATION" HAS 10,850
THE SAME MEANING AS IN SECTION 1716.01 OF THE REVISED CODE. 10,851
Sec. 1547.31. No person shall operate OR PERMIT TO BE 10,860
OPERATED on the waters in this state any powercraft without a 10,862
muffler, underwater exhaust, or other device that muffles or 10,863
suppresses the sound of the exhaust at all speeds.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL DECEMBER 31, 10,865
1999.
Sec. 1547.33. Except on the waters of Lake Erie, the 10,874
Muskingum River, or the Ohio River, no person shall launch, moor, 10,875
dock, use, or operate, OR PERMIT TO BE OPERATED on any of the 10,876
waters in this state any vessel that contains a sink, toilet, or 10,877
sanitary system that is capable of discharging urine, fecal 10,878
matter, contents of a chemical commode, kitchen wastes, laundry 10,879
wastes, slop sink drainage, or other household wastes into the 10,880
waters in this state. Such A sink, toilet, or sanitary system 10,882
shall be removed or, sealed, or made to drain into a tank or 10,883
reservoir that can be carried or pumped ashore for disposal in a 10,884
248
sewage treatment works approved by the director of environmental 10,885
protection.
Sec. 1547.39. (A) No person shall, after January 1, 1977, 10,894
SHALL manufacture, sell, or offer for sale any watercraft 10,895
propelled by machinery as its principal source of power, or 10,896
watercraft designed to be manually propelled, less than twenty 10,897
feet in length, and designed to carry two or more persons, 10,898
manufactured after that date, unless a capacity plate containing 10,899
the correct information, as prescribed by regulations adopted by 10,900
the United States coast guard, is firmly attached to the 10,901
watercraft,. THE CAPACITY PLATE SHALL BE ATTACHED in such A 10,902
location that the capacity plate IT is clearly legible from the 10,903
position designed or intended to be occupied by the operator when 10,904
THE WATERCRAFT IS underway. 10,905
(B) No person shall operate OR PERMIT TO BE OPERATED ON 10,907
THE WATERS IN THIS STATE watercraft for which a capacity plate is 10,909
required under this section unless the capacity plate is 10,910
attached.
(C) No person shall alter, remove, or deface any 10,912
information contained on the capacity plate unless the 10,913
manufacturer has altered the watercraft in such a way that would 10,914
require a change in the information contained on the capacity 10,915
plate. 10,916
(D) As used in this section, "manufacture" means to 10,918
construct or assemble a watercraft, or to alter a watercraft in 10,919
such a manner as to affect or change its weight capacity or 10,920
occupant capacity. 10,921
Sec. 1547.40. (A) No person shall operate OR PERMIT TO BE 10,930
OPERATED ON THE WATERS IN THIS STATE a watercraft to which a 10,932
capacity plate is attached, if the total load exceeds the weight 10,933
capacity indicated on the capacity plate, if the number of
persons aboard exceeds the occupant capacity indicated on the 10,934
capacity plate, or if the horsepower of any attached outboard 10,935
motor exceeds the maximum horsepower indicated on the capacity 10,936
249
plate. 10,937
(B) When no capacity plate exists, no person shall operate 10,939
OR PERMIT TO BE OPERATED ON THE WATERS IN THIS STATE a watercraft 10,940
if a reasonably prudent person would believe that either of the 10,942
following circumstances applies:
(1) The total load aboard the watercraft has associated 10,944
with it a risk of physical harm to persons or property; 10,945
(2) The total horsepower of any inboard engine or attached 10,947
outboard motor has associated with it a risk of physical harm to 10,948
persons or property. 10,949
Sec. 1547.52. (A) The division of watercraft shall be 10,958
administered by the chief of the division of watercraft. The 10,959
chief may adopt, amend, and rescind: 10,960
(1) Rules considered necessary by the chief to supplement 10,962
the identification, operation, titling, use, registration, and 10,963
numbering of watercraft or vessels as provided in this chapter 10,964
and Chapter 1548. of the Revised Code; 10,965
(2) Rules governing the navigation of vessels on waters in 10,967
this state, including, but not limited to, rules regarding 10,968
steering and sailing, the conduct of vessels in sight of one 10,969
another or in restricted visibility, lights and shapes of lights 10,970
used on vessels, and sound and light signals. As the chief 10,971
considers necessary, these navigational rules shall be consistent 10,972
with and equivalent to the rules REGULATIONS and interpretive 10,973
rulings governing inland waters adopted or issued under the 10,975
"Inland Navigational Rules Act of 1980," 94 Stat. 3415, 33 10,976
U.S.C.A. 151, 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073. 10,977
(3) RULES ESTABLISHING FEES AND CHARGES FOR ALL OF THE 10,980
FOLLOWING:
(a) BOATING SKILL DEVELOPMENT CLASSES AND OTHER 10,982
EDUCATIONAL CLASSES; 10,983
(b) LAW ENFORCEMENT SERVICES PROVIDED AT SPECIAL EVENTS 10,986
WHEN THE SERVICES ARE IN ADDITION TO NORMAL ENFORCEMENT DUTIES; 10,987
(c) INSPECTIONS OF VESSELS OR MOTORS CONDUCTED UNDER THIS 10,990
250
CHAPTER OR CHAPTER 1548. OF THE REVISED CODE. 10,992
All rules adopted by the chief under this division (A) OF 10,994
THIS SECTION shall be adopted in accordance with Chapter 119. of 10,996
the Revised Code, and shall be ARE subject to the prior approval 10,997
of the director of natural resources. 10,999
(B) The chief, with the approval of the director of 11,001
natural resources, may employ such clerical and technical help as 11,002
he THE CHIEF considers necessary. 11,003
(C) The chief may designate license agents with the 11,005
approval of the director of natural resources. 11,006
(D) The division is hereby designated as the agency to 11,008
administer the Ohio boating safety program and allocated federal 11,009
funds under, and the chief shall prepare and submit reports in 11,010
such form as may be required by, the "Federal Boat Safety Act of 11,011
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended. 11,012
(E) THE CHIEF MAY SELL ANY OF THE FOLLOWING: 11,015
(1) ITEMS RELATED TO OR THAT PROMOTE BOATING SAFETY, 11,018
INCLUDING, BUT NOT LIMITED TO, PINS, BADGES, BOOKS, BULLETINS, 11,019
MAPS, PUBLICATIONS, CALENDARS, AND OTHER EDUCATIONAL ARTICLES; 11,020
(2) ARTIFACTS PERTAINING TO BOATING; 11,022
(3) CONFISCATED OR FORFEITED ITEMS; 11,024
(4) SURPLUS EQUIPMENT. 11,026
Sec. 1547.521. (A) The law enforcement officers of the 11,035
division of watercraft shall be known as "state watercraft 11,036
officers." The chief of the division of watercraft and state 11,037
watercraft officers: 11,038
(1) Shall develop and conduct educational programs in 11,040
vessel safety, sanitation, and operation, and in other related 11,041
subjects which THAT the chief considers appropriate or necessary; 11,043
(2) Shall enforce this chapter and Chapter 1548. of the 11,045
Revised Code and rules adopted under them, and may enforce laws 11,046
prohibiting the dumping of refuse, trash, or litter into the 11,047
waters in this state and Chapters 2925. and 3719. of the Revised 11,048
Code on all waters in the state; 11,049
251
(3) Shall have, on ON any lands owned, controlled, 11,051
maintained, or administered by the department of natural 11,052
resources and on any waters in this state, SHALL HAVE the 11,053
authority vested in police officers SPECIFIED under section 11,054
2935.03 of the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT 11,056
OF NATURAL RESOURCES to keep the peace, to enforce all laws and 11,057
rules governing those lands and waters, and to make arrests for 11,058
violation of those laws and rules, provided that such THE 11,059
authority shall be exercised on lands or waters administered by 11,061
another division of the department only pursuant to an agreement 11,062
with the chief of that division or to a request for assistance by 11,063
an enforcement officer of that division in an emergency. The 11,064
jurisdiction of STATE watercraft officers shall be concurrent 11,065
with that of the peace officers of the county, township, or 11,066
municipal corporation in which the violation occurs. 11,067
(4) May, for FOR the purpose of enforcing the laws and 11,069
rules which THAT they have the authority to enforce, MAY stop, 11,070
board, and conduct a safety inspection of any vessel; 11,072
(5) May serve and execute any citation, summons, warrant, 11,074
or other process issued with respect to any law THAT they have 11,075
the authority to enforce. 11,076
(B) A state watercraft officer may render assistance to a 11,078
state or local law enforcement officer at the request of that 11,079
officer or may render assistance to a state or local law 11,080
enforcement officer in the event of an emergency. 11,081
Watercraft STATE WATERCRAFT officers serving outside the 11,083
division of watercraft under this section or serving under the 11,085
terms of a mutual aid compact authorized under section 1501.02 of 11,086
the Revised Code shall be considered as performing services 11,087
within their regular employment for the purposes of compensation, 11,088
pension or indemnity fund rights, workers' compensation, and 11,089
other rights or benefits to which they may be entitled as 11,090
incidents of their regular employment. 11,091
Watercraft STATE WATERCRAFT officers serving outside the 11,093
252
division of watercraft under this section or under a mutual aid 11,095
compact retain personal immunity from civil liability as 11,096
specified in section 9.86 of the Revised Code and shall not be 11,097
considered an employee of a political subdivision for purposes of 11,098
Chapter 2744. of the Revised Code. A political subdivision that 11,099
uses STATE watercraft officers under this section or under the 11,100
terms of a mutual aid compact authorized under section 1501.02 of 11,101
the Revised Code is not subject to civil liability under Chapter 11,102
2744. of the Revised Code as the result of any action or omission 11,103
of any STATE watercraft officer acting under this section or 11,104
under a mutual aid compact. 11,105
Sec. 1547.531. (A) No (1) EXCEPT AS PROVIDED IN DIVISION 11,114
(A)(2) OR (B) OF THIS SECTION, NO person shall operate or give 11,116
permission for the operation of any watercraft on the waters in 11,117
this state unless the watercraft is registered in the name of the 11,118
current owner in accordance with section 1547.54 of the Revised 11,119
Code, and the registration is valid and in effect. If 11,120
(2) ON AND AFTER JANUARY 1, 1999, IF a titled watercraft 11,123
or vessel documented by the United States coast guard THAT IS 11,124
REQUIRED TO BE ISSUED A CERTIFICATE OF TITLE UNDER CHAPTER 1548. 11,125
OF THE REVISED CODE is transferred to a new owner, it need not be 11,126
registered UNDER SECTION 1547.54 OF THE REVISED CODE for 11,127
forty-five days following the date of the transfer, provided that 11,128
the new owner PURCHASES A TEMPORARY WATERCRAFT REGISTRATION UNDER 11,129
DIVISION (A) OF THIS SECTION OR holds a bill of sale from a 11,130
watercraft dealer dated at the time of the transfer, a notarized 11,132
paper evidencing the transfer and dated at the time of the 11,133
transfer, or proof of application for transfer of documentation. 11,134
Watercraft FOR THE PURPOSES OF DIVISION (A)(2) OF THIS 11,138
SECTION, A TEMPORARY WATERCRAFT REGISTRATION OR A BILL OF SALE 11,139
FROM A WATERCRAFT DEALER SHALL CONTAIN AT LEAST ALL OF THE 11,140
FOLLOWING INFORMATION: 11,141
(a) THE HULL IDENTIFICATION NUMBER OR SERIAL NUMBER OF THE 11,143
WATERCRAFT; 11,144
253
(b) THE MAKE OF THE WATERCRAFT; 11,146
(c) THE LENGTH OF THE WATERCRAFT; 11,148
(d) THE TYPE OF PROPULSION, IF ANY; 11,150
(e) THE STATE IN WHICH THE WATERCRAFT PRINCIPALLY IS 11,153
OPERATED;
(f) THE NAME OF THE OWNER; 11,155
(g) THE ADDRESS OF THE OWNER, INCLUDING THE ZIP CODE; 11,158
(h) THE SIGNATURE OF THE OWNER; 11,160
(i) THE DATE OF PURCHASE; 11,162
(j) A NOTICE TO THE OWNER THAT THE TEMPORARY WATERCRAFT 11,165
REGISTRATION EXPIRES FORTY-FIVE DAYS AFTER THE DATE OF PURCHASE 11,166
OF THE WATERCRAFT OR THAT THE WATERCRAFT CANNOT BE OPERATED ON 11,167
THE WATERS IN THIS STATE SOLELY UNDER THE BILL OF SALE BEGINNING 11,168
FORTY-FIVE DAYS AFTER THE DATE OF PURCHASE OF THE WATERCRAFT, AS 11,169
APPLICABLE.
(3) A PERSON MAY PURCHASE A TEMPORARY WATERCRAFT 11,171
REGISTRATION FROM THE CHIEF OF THE DIVISION OF WATERCRAFT OR FROM 11,173
AN AUTHORIZED AGENT DESIGNATED UNDER SECTION 1547.54 OF THE 11,174
REVISED CODE. THE CHIEF SHALL FURNISH FORMS FOR TEMPORARY 11,176
WATERCRAFT REGISTRATIONS TO AUTHORIZED AGENTS. IN ADDITION TO 11,177
COMPLETING THE REGISTRATION FORM WITH THE INFORMATION SPECIFIED 11,178
IN DIVISIONS (A)(2)(a) TO (i) OF THIS SECTION, THE PERSON SHALL 11,181
PAY ONE OF THE FOLLOWING FEES, AS APPLICABLE:
(a) FOR CANOES, KAYAKS, ROWBOATS, AND INFLATABLE 11,184
WATERCRAFT, FOUR DOLLARS;
(b) FOR CLASS A WATERCRAFT, INCLUDING MOTORIZED CANOES, 11,188
TEN DOLLARS;
(c) FOR CLASS 1 WATERCRAFT, FIFTEEN DOLLARS; 11,191
(d) FOR CLASS 2 WATERCRAFT, TWENTY DOLLARS; 11,194
(e) FOR CLASS 3 WATERCRAFT, TWENTY-FIVE DOLLARS; 11,197
(f) FOR CLASS 4 WATERCRAFT, THIRTY DOLLARS. 11,200
MONEYS RECEIVED FOR THE PAYMENT OF TEMPORARY WATERCRAFT 11,202
REGISTRATIONS SHALL BE DEPOSITED TO THE CREDIT OF THE WATERWAYS 11,203
SAFETY FUND CREATED IN SECTION 1547.75 OF THE REVISED CODE. 11,206
254
(4) IN ADDITION TO THE APPLICABLE FEE ESTABLISHED UNDER 11,209
DIVISION (A)(3) OF THIS SECTION, THE CHIEF OR AN AUTHORIZED AGENT 11,210
SHALL CHARGE AN ADDITIONAL FEE OF THREE DOLLARS FOR A TEMPORARY 11,211
WATERCRAFT REGISTRATION THAT THE CHIEF OR THE AUTHORIZED AGENT 11,212
ISSUES. WHEN THE TEMPORARY WATERCRAFT REGISTRATION IS ISSUED BY 11,213
AN AUTHORIZED AGENT, THE AGENT MAY RETAIN THE ADDITIONAL FEE. 11,214
WHEN THE TEMPORARY WATERCRAFT REGISTRATION IS ISSUED BY THE 11,215
CHIEF, THE ADDITIONAL FEE SHALL BE DEPOSITED TO THE CREDIT OF THE 11,216
WATERWAYS SAFETY FUND. 11,217
(5) A PERSON WHO PURCHASES A TEMPORARY WATERCRAFT 11,219
REGISTRATION AND WHO SUBSEQUENTLY APPLIES FOR A REGISTRATION 11,220
CERTIFICATE UNDER SECTION 1547.54 OF THE REVISED CODE NEED NOT 11,223
PAY THE INITIAL FEE ESTABLISHED FOR THE CERTIFICATE UNDER 11,224
DIVISION (A)(2) OF THAT SECTION, PROVIDED THAT AT THE TIME OF 11,226
APPLICATION FOR THE REGISTRATION CERTIFICATE, THE PERSON 11,227
FURNISHES PROOF OF PAYMENT FOR THE TEMPORARY WATERCRAFT 11,228
REGISTRATION.
(6) A PERSON WHO PURCHASES A TEMPORARY WATERCRAFT 11,230
REGISTRATION, WHO SUBSEQUENTLY APPLIES FOR A REGISTRATION 11,231
CERTIFICATE UNDER SECTION 1547.54 OF THE REVISED CODE, AND WHO IS 11,234
EXEMPT FROM PAYMENT FOR THE REGISTRATION CERTIFICATE UNDER 11,235
DIVISION (O) OF THAT SECTION MAY APPLY TO THE CHIEF FOR A REFUND 11,237
OF THE AMOUNT PAID FOR THE TEMPORARY WATERCRAFT REGISTRATION AT 11,238
THE TIME THAT THE PERSON APPLIES FOR A REGISTRATION CERTIFICATE. 11,239
THE CHIEF SHALL REFUND THAT AMOUNT UPON ISSUANCE TO THE PERSON OF 11,240
A REGISTRATION CERTIFICATE. 11,241
(7) ALL RECORDS OF THE DIVISION OF WATERCRAFT MADE OR 11,243
MAINTAINED FOR THE PURPOSES OF DIVISIONS (A)(2) TO (8) OF THIS 11,245
SECTION ARE PUBLIC RECORDS. THE RECORDS SHALL BE AVAILABLE FOR 11,246
INSPECTION AT REASONABLE HOURS AND IN A MANNER THAT IS COMPATIBLE 11,248
WITH NORMAL OPERATIONS OF THE DIVISION.
(8) PURSUANT TO DIVISION (A)(1) OF SECTION 1547.52 OF THE 11,252
REVISED CODE, THE CHIEF MAY ADOPT RULES ESTABLISHING ALL OF THE 11,254
FOLLOWING:
255
(a) RECORD-KEEPING REQUIREMENTS GOVERNING THE ISSUANCE OF 11,257
TEMPORARY WATERCRAFT REGISTRATIONS AND THE USE OF BILLS OF SALE 11,258
FROM WATERCRAFT DEALERS FOR THE PURPOSES OF DIVISION (A)(2) OF 11,259
THIS SECTION; 11,260
(b) PROCEDURES AND REQUIREMENTS FOR THE REFUND OF FEES 11,263
UNDER DIVISION (A)(6) OF THIS SECTION; 11,264
(c) ANY OTHER PROCEDURES AND REQUIREMENTS NECESSARY FOR 11,267
THE ADMINISTRATION AND ENFORCEMENT OF DIVISIONS (A)(2) TO (8) OF 11,268
THIS SECTION. 11,269
(B) ALL OF THE FOLLOWING WATERCRAFT ARE exempt from 11,271
registration are: 11,272
(1) Those that are exempt from numbering by the state 11,274
under divisions (B) to (G) of section 1547.53 of the Revised 11,275
Code; 11,276
(2) Those that have been issued a commercial documentation 11,278
by the United States coast guard or its successor and are used 11,279
exclusively for commercial purposes; 11,280
(3) Those that have been documented by the United States 11,282
coast guard or its successor as temporarily transitting, whose 11,283
principal use is not on the waters in this state, and that have 11,284
not been used within this state for more than sixty days. 11,285
(B)(C) No person shall operate a watercraft documented by 11,287
the United States coast guard or its successor unless the 11,288
certificate of documentation is valid, is on the watercraft for 11,289
which it has been issued, and is available for inspection 11,290
whenever the watercraft is in operation. In accordance with 46 11,291
C.F.R. part 67, as amended, the watercraft shall display the 11,292
official number, the vessel name, and the home port listed on the 11,293
certificate of documentation. 11,294
(C)(D)(1) For the purposes of this section and section 11,296
1547.53 of the Revised Code, a watercraft is principally using 11,297
the waters in this state if any of the following applies: 11,298
(a) The owner resides in this state and declares that the 11,300
watercraft principally is using the waters in this state; 11,301
256
(b) The owner resides in another state, but declares that 11,303
the watercraft principally is using the waters in this state; 11,304
(c) The watercraft is registered in another state or 11,306
documented by the United States coast guard and is used within 11,307
this state for more than sixty days regardless of whether it has 11,308
been assigned a seasonal or permanent mooring at any public or 11,309
private docking facility in this state. 11,310
(2) Notwithstanding division (C)(D)(1)(c) of this section, 11,312
a person on active duty in the armed forces of the United States 11,313
may register a watercraft in his THE PERSON'S state of permanent 11,314
residence in lieu of registering it in this state regardless of 11,316
the number of days that the watercraft is used in this state. 11,317
Sec. 1547.542. Any person or organization owning any 11,326
number of canoes, kayaks, rowboats, inflatable watercraft, or 11,327
sailboats for the purpose of rental to the public may apply with 11,328
the chief of the division of watercraft for and receive an annual 11,329
certificate of livery registration. No watercraft shall be 11,330
rented to the public from a livery or other place of business in 11,331
this state unless it has first HAS been numbered and registered 11,333
in accordance with this section or section 1547.54 of the Revised 11,334
Code. Certificates of livery registration shall be issued only 11,335
BY AN AUTHORIZED AGENT WHO IS SELECTED by the chief FROM AMONG 11,337
THOSE DESIGNATED UNDER SECTION 1547.54 OF THE REVISED CODE. The 11,338
certificate shall indicate DISPLAY the name of the owner of the 11,340
livery, the date of issuance, the date of expiration, the number 11,341
of watercraft registered, the fee paid, AN AUTHORIZED FACSIMILE 11,342
OF the signature of the chief PROVIDED BY THE AUTHORIZED AGENT 11,343
WHO IS SELECTED TO ISSUE THE CERTIFICATE, and the signature of 11,344
the livery owner. The certificate shall bear the livery 11,345
watercraft registration number assigned to the livery owner, 11,346
which shall be displayed in accordance with section 1547.57 of 11,347
the Revised Code on each watercraft in the fleet for which the 11,348
certificate was issued. The owner of a livery shall obtain an 11,349
amended certificate of livery registration from the chief 11,350
257
whenever the composition of the fleet changes. 11,351
The fee for each watercraft registered under this section 11,353
shall be in accordance with the registration fees prescribed in 11,354
section 1547.54 of the Revised Code. However, if the size of the 11,355
fleet does not increase, the fee for an amended certificate of 11,356
livery registration shall be the fee prescribed for issuing a 11,357
duplicate registration certificate under section 1547.54 of the 11,358
Revised Code, and the chief shall not refund to the livery owner 11,359
all or any portion of an annual registration fee applicable to a 11,360
watercraft transferred or abandoned by the livery owner. If the 11,361
size of the fleet increases, the livery owner shall be required 11,362
to pay the applicable annual registration fee for each watercraft 11,363
registered under an amended certificate of livery registration 11,364
that is in excess of the number of watercraft contained in the 11,365
annual certificate of livery registration. 11,366
The certificate of livery registration, rental receipts, 11,368
and required safety equipment are subject to inspection at any 11,369
time at the livery's place of business by any authorized 11,370
representative of the division of watercraft or any law 11,371
enforcement officer in accordance with section 1547.63 of the 11,372
Revised Code. 11,373
Except as provided in this section, all watercraft 11,375
registered under this section are subject to this chapter and 11,376
Chapter 1548. of the Revised Code. 11,377
The chief may issue an order temporarily or permanently 11,379
restricting or suspending a livery certificate of registration 11,380
and the privileges associated therewith WITH IT without a hearing 11,382
if he THE CHIEF finds that the holder of the certificate has 11,383
violated this chapter. 11,384
Sec. 1547.543. (A) Any bona fide dealer in watercraft, or 11,393
any manufacturer thereof OF WATERCRAFT, upon annual application 11,394
to the division of watercraft, may receive for each separate 11,397
place of business a dealer or manufacturer registration
certificate assigning a dealer number for use while operating 11,398
258
watercraft on the waters in this state. A dealer or manufacturer 11,399
registration certificate shall not be used for any commercial 11,400
purpose such as the rental or chartering of watercraft, nor shall 11,401
the certificate be loaned to any person for the purpose of 11,402
circumventing any law of this state. 11,403
The fee for such license A CERTIFICATE shall be fifty 11,405
dollars annually. 11,406
THE CHIEF OF THE DIVISION OF WATERCRAFT SHALL SELECT AN 11,408
AUTHORIZED AGENT FROM AMONG THOSE DESIGNATED UNDER SECTION 11,409
1547.54 OF THE REVISED CODE TO ISSUE DEALER AND MANUFACTURER 11,412
REGISTRATION CERTIFICATES. THE AGENT SHALL PROVIDE AN AUTHORIZED 11,413
FACSIMILE OF THE SIGNATURE OF THE CHIEF ON EACH REGISTRATION 11,414
CERTIFICATE AND ON EACH POCKET-SIZED CERTIFICATE ISSUED UNDER 11,415
THIS SECTION.
(B) Registration certificates issued to marine dealers or 11,417
manufacturers shall be available for inspection at all times at 11,418
the dealers' or manufacturers' place of business for which the 11,419
certificates were issued. 11,420
(C) The division of watercraft shall issue to each 11,422
registered dealer or manufacturer one or more pocket-sized 11,423
certificates bearing the dealer or manufacturer registration 11,424
number, which shall be carried by the dealer, THE manufacturer, 11,425
or AN employee aboard any watercraft being operated on the waters 11,427
in this state. 11,428
(D) Each dealer in or manufacturer of watercraft shall 11,430
display on both sides of any watercraft being operated on the 11,431
waters in this state the dealer or manufacturer registration 11,432
number and the validation decals assigned by THE AUTHORIZED AGENT 11,433
SELECTED BY the chief UNDER THIS SECTION so that the decals and 11,435
number are clearly visible under normal operating conditions. 11,436
The division AUTHORIZED AGENT SELECTED BY THE CHIEF shall furnish 11,437
with each dealer or manufacturer registration certificate one or 11,438
more sets of registration validation decals of a size and shape 11,439
prescribed by the chief. Additional sets of decals may be 11,440
259
purchased for a two-dollar fee. 11,441
(E) The chief may issue an order temporarily or 11,443
permanently restricting or suspending a dealer or manufacturer 11,444
registration certificate without a hearing if the chief finds 11,445
that the holder of the certificate has violated this section. 11,447
Sec. 1547.57. When the chief of the division of watercraft 11,456
issues a registration certificate under section 1547.54 of the 11,457
Revised Code, he THE CHIEF also shall issue to the applicant two 11,458
tags not larger than three inches square, color coded, indicating 11,459
the expiration date of the certificate. The owner of watercraft 11,460
currently documented by the United States coast guard and for 11,461
which a registration certificate is issued shall securely affix 11,462
one tag to the watercraft's port side and the other tag to the 11,463
starboard side, so that the tags are clearly visible under normal 11,464
operating conditions. THE TAGS SHALL BE REMOVED FROM THE 11,465
WATERCRAFT WHEN THEY BECOME INVALID. The owner of any other 11,466
watercraft for which a registration certificate is issued shall 11,467
securely affix one tag to the watercraft's port side, six inches 11,468
toward the stern from the identification number, and the other 11,469
tag to the starboard side, six inches toward the stern from the 11,470
identification number. The tags shall be securely affixed to the 11,471
watercraft prior to its operation, BUT SHALL BE REMOVED FROM THE 11,472
WATERCRAFT WHEN THEY BECOME INVALID. A person may operate 11,473
without a registration certificate, for a period not to exceed 11,474
thirty days, any watercraft required to be titled on the waters 11,475
in this state, if he THE PERSON has in his THE PERSON'S 11,477
possession on the watercraft a dealer's dated bill of sale or, in 11,478
the case of a casual sale, a notarized bill of sale. 11,479
The owner of every watercraft requiring numbering by this 11,481
state shall attach to each side of the bow of the watercraft the 11,482
permanent identification number in such manner as may be 11,483
prescribed by applicable federal standards in order that it shall 11,484
be clearly visible. The number shall be maintained in a legible 11,485
condition at all times. No number other than the number assigned 11,486
260
to a watercraft or granted by reciprocity pursuant to this 11,487
chapter shall be painted, attached, or otherwise displayed on 11,488
either side of the bow of the watercraft. 11,489
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 11,491
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 11,492
SECTION.
Sec. 1547.69. (A) As used in this section: 11,501
(1) "Firearm" has the same meaning as in section 2923.11 11,503
of the Revised Code. 11,504
(2) "Unloaded" has the same meaning as in section 2923.16 11,506
of the Revised Code. 11,507
(B) No person shall knowingly discharge a firearm while in 11,509
or on a vessel. 11,510
(C) No person shall knowingly transport or have a loaded 11,512
firearm in a vessel, in such a manner that the firearm is 11,513
accessible to the operator or any passenger. 11,514
(D) No person shall knowingly transport or have a firearm 11,516
in a vessel, unless it is unloaded and is carried in one of the 11,517
following ways: 11,518
(1) In a closed package, box, or case; 11,520
(2) In plain sight with the action opened or the weapon 11,522
stripped;, or, if the firearm is of a type on which the action 11,523
will not stay open or which THAT cannot easily be stripped, in 11,524
plain sight. 11,526
(E) The affirmative defense DEFENSES contained in 11,528
divisions (C)(1) and (2) of section 2923.12 of the Revised Code 11,530
are affirmative defenses to a charge under division (C) or (D) of 11,531
this section.
(F) Divisions (B), (C), and (D) of this section do not 11,533
apply to the possession or discharge of a United States coast 11,534
guard approved signaling device required to be carried aboard a 11,535
vessel under section 1547.251 of the Revised Code when the 11,536
signaling device is possessed or used for the purpose of giving a 11,537
visual distress signal. No person shall knowingly transport or 11,538
261
possess any such signaling device in or on a vessel in a loaded 11,539
condition at any time other than immediately prior to the 11,540
discharge of the signaling device for the purpose of giving a 11,541
visual distress signal. 11,542
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 11,544
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 11,545
(H) This section does not apply to officers, agents, or 11,547
employees of this or any other state or of the United States or 11,548
to law enforcement officers when authorized to carry or have 11,549
loaded or accessible firearms in a vessel and acting within the 11,550
scope of their duties, nor to persons legally engaged in hunting. 11,551
Sec. 1548.01. (A) As used in this chapter, "watercraft" 11,560
means any of the following when used or capable of being used as 11,561
a means of transportation on the water: 11,562
(1) A boat operated by machinery either permanently or 11,564
temporarily affixed; 11,565
(2) A sailboat other than a sailboard; 11,567
(3) An inflatable, manually propelled boat having a hull 11,569
identification number meeting the requirements of the United 11,570
States coast guard. 11,571
"Watercraft" does not include ferries as referred to in Chapter 11,573
4583. of the Revised Code HAS THE SAME MEANING AS IN SECTION 11,574
1547.01 OF THE REVISED CODE. 11,575
(B) This chapter does not apply to any of the following: 11,577
(1) A watercraft covered by a marine document in effect 11,579
that has been assigned to it by the United States government 11,581
pursuant to federal law;
(2) A watercraft from a country other than the United 11,583
States temporarily using the waters in this state; 11,584
(3) A watercraft whose owner is the United States, a 11,586
state, or a political subdivision thereof; 11,587
(4) A ship's lifeboat. As used in division (B)(4) of this 11,589
section, "lifeboat" means a watercraft that is held aboard 11,590
another vessel and used exclusively for emergency purposes. 11,591
262
(5) A canoe, kayak, or rowboat; 11,593
(6) Watercraft A WATERCRAFT less than fourteen feet in 11,595
length WITHOUT A PERMANENTLY AFFIXED MECHANICAL MEANS OF 11,596
PROPULSION;
(7) Outboard motors of less than ten horsepower as 11,598
determined by the manufacturer's rating. 11,599
(C) The various certificates, applications, and 11,601
assignments necessary to provide certificates of title for 11,602
watercraft and outboard motors shall be made on appropriate forms 11,604
approved by the chief of the division of watercraft.
Sec. 1548.05. No manufacturer, importer, dealer, or other 11,613
person shall sell or otherwise dispose of a new watercraft or 11,615
outboard motor to a dealer to be used by the dealer for purposes 11,616
of display and resale without delivering to the dealer a 11,617
manufacturer's or importer's certificate executed in accordance
with this section, and with such assignments thereon ON IT as are 11,619
necessary to show title in THE NAME OF the purchaser. No dealer 11,620
shall purchase or acquire a new watercraft or outboard motor 11,622
without obtaining from the seller the manufacturer's or 11,623
importer's certificate.
A manufacturer's or importer's certificate of the origin of 11,625
a watercraft or outboard motor shall contain the following 11,626
information, in such form and together with such further 11,628
information as the chief of the division of watercraft may 11,629
require:
(A) Description of the watercraft, including the make, 11,631
year, length, series or model, if any, body type, hull 11,633
identification number or serial number, and make, manufacturer's 11,634
serial number, and horsepower of any inboard motor or motors; or 11,635
description of the outboard motor, including the make, year, 11,636
series or model, if any, manufacturer's serial number, and 11,637
horsepower;
(B) Certification of the date of transfer of the 11,639
watercraft or outboard motor to a distributor or dealer or other 11,640
263
transferee, and the name and address of the transferee; 11,641
(C) Certification that this was the first transfer of the 11,643
new watercraft or outboard motor in ordinary trade and commerce; 11,644
(D) Signature and address of a representative of the 11,646
transferor.
An assignment of a manufacturer's or importer's certificate 11,648
before a notary public or other officer empowered to administer 11,649
oaths shall be printed on the reverse side of the manufacturer's 11,650
or importer's certificate in the form to be prescribed by the 11,651
chief. The assignment form shall include the name and address of 11,652
the transferee, a certification that the watercraft or outboard
motor is new, and a warranty that the title at the time of 11,653
delivery is subject only to such liens and encumbrances as are 11,654
set forth and described in full in the assignment. 11,655
Sec. 1548.06. Application for a certificate of title for a 11,664
watercraft or outboard motor shall be made upon a form prescribed 11,665
by the chief of the division of watercraft and shall be sworn to 11,666
before a notary public or other officer empowered to administer 11,667
oaths. The application shall be filed with the clerk of the 11,668
court of common pleas of the county in which the applicant 11,669
resides if the applicant is a resident of this state or, if not a 11,670
resident, in the county in which the transaction is consummated. 11,671
The application shall be accompanied by the fee prescribed in 11,672
section 1548.10 of the Revised Code, and if a certificate of 11,673
title previously has been issued for the watercraft or outboard 11,674
motor, it shall be accompanied by the certificate of title duly 11,675
assigned unless otherwise provided in this chapter. If a 11,676
certificate of title previously has not been issued for the 11,677
watercraft or outboard motor in this state, the application, 11,678
unless otherwise provided in this chapter, shall be accompanied 11,679
by a manufacturer's or importer's certificate,; by a sworn 11,680
statement of ownership if THE WATERCRAFT OR OUTBOARD MOTOR WAS 11,681
purchased by the applicant on or before October 9, 1963, OR IF 11,684
THE WATERCRAFT IS LESS THAN FOURTEEN FEET LONG WITH A PERMANENTLY 11,685
264
AFFIXED MECHANICAL MEANS OF PROPULSION AND WAS PURCHASED BY THE 11,686
APPLICANT ON OR BEFORE JANUARY 1, 2000; or by a certificate of 11,689
title, bill of sale, or other evidence of ownership required by 11,690
the law of another state from which the watercraft or outboard 11,691
motor was brought into this state. Evidence of ownership of a 11,692
watercraft or outboard motor for which an Ohio certificate of 11,693
title previously has not been issued and which watercraft or 11,694
outboard motor does not have permanently affixed thereto a 11,695
manufacturer's serial number shall be accompanied by the 11,696
certificate of ASSIGNMENT OF A hull identification number 11,697
assigned by the chief as provided in section 1548.07 of the 11,699
Revised Code. The
THE clerk shall retain the evidence of title presented by 11,702
the applicant and on which the certificate of title is issued. 11,703
The clerk shall use reasonable diligence in ascertaining whether 11,704
the facts in the application are true by checking the application 11,705
and documents accompanying it with the records of watercraft and 11,706
outboard motors in his THE CLERK'S office. If satisfied that the 11,708
applicant is the owner of the watercraft or outboard motor and 11,709
that the application is in the proper form, the clerk shall issue 11,710
a certificate of title over his THE CLERK'S signature and sealed 11,711
with his THE CLERK'S seal. HOWEVER, IF THE EVIDENCE INDICATES 11,712
AND AN INVESTIGATION SHOWS THAT ONE OR MORE OHIO TITLES ALREADY 11,714
EXIST FOR THE WATERCRAFT OR OUTBOARD MOTOR, THE CHIEF MAY CAUSE 11,715
THE REDUNDANT TITLE OR TITLES TO BE CANCELED. 11,716
In the case of the sale of a watercraft or outboard motor 11,718
by a vendor to a general purchaser or user, the certificate of 11,719
title shall be obtained in the name of the purchaser by the 11,720
vendor upon application signed by the purchaser. In all other 11,721
cases the certificate shall be obtained by the purchaser. In all 11,723
cases of transfer of watercraft or outboard motors, the
application for certificate of title shall be filed within thirty 11,724
days after the later of the date of purchase or assignment of 11,725
ownership of the watercraft or outboard motor. If the 11,726
265
application for certificate of title is not filed within thirty 11,727
days after the later of the date of purchase or assignment of 11,728
ownership of the watercraft or outboard motor, the clerk shall 11,729
charge a late penalty fee of five dollars in addition to the fee 11,730
prescribed by section 1548.10 of the Revised Code. The clerk 11,731
shall retain the entire amount of each late penalty fee. 11,732
The clerk shall refuse to accept an application for 11,734
certificate of title unless the applicant either tenders with the 11,735
application payment of all taxes levied by or pursuant to Chapter 11,736
5739. or 5741. of the Revised Code, less, in the case of a sale 11,737
by a vendor, any discount to which the vendor is entitled under 11,738
section 5739.12 of the Revised Code, or submits any of the 11,739
following: 11,740
(A) A receipt issued by the tax commissioner or a clerk of 11,742
courts showing payment of the tax; 11,743
(B) A copy of the unit certificate of exemption completed 11,745
by the purchaser at the time of sale, as provided in section 11,746
5739.03 of the Revised Code; 11,747
(C) An exemption certificate, in a form prescribed by the 11,749
tax commissioner, that specifies why the purchase is not subject 11,750
to the tax imposed by Chapter 5739. or 5741. of the Revised Code. 11,751
Payment of the tax shall be in accordance with rules issued 11,753
by the tax commissioner, and the clerk shall issue a receipt in 11,754
the form prescribed by the tax commissioner to any applicant who 11,755
tenders payment of the tax with the application for registration 11,756
of title. 11,757
For receiving and disbursing the taxes paid to the clerk, 11,759
the clerk may retain a poundage fee of one per cent of the taxes 11,760
collected, which shall be paid into the general fund of the 11,761
county. In the case of casual sales of watercraft or outboard 11,762
motors that are subject to the tax imposed by Chapter 5739. or 11,763
5741. of the Revised Code, the purchase price for the purpose of 11,764
determining the tax shall be the purchase price on an affidavit 11,765
executed and filed with the clerk by the vendor on a form to be 11,766
266
prescribed by the chief of the division of watercraft, which 11,767
shall be prima-facie evidence of the price for the determination 11,768
of the tax. In addition to the information required by section 11,769
1548.08 of the Revised Code, each certificate of title shall 11,770
contain in bold lettering the following notification and 11,771
statements: "WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND 11,772
BUYER). You are required by law to state the true selling price. 11,774
A false statement is a violation of section 2921.13 of the 11,776
Revised Code and is punishable by six months imprisonment or a 11,777
fine of up to one thousand dollars, or both. All transfers are 11,778
audited by the department of taxation. The seller and buyer must 11,779
provide any information requested by the department of taxation. 11,780
The buyer may be assessed any additional tax found to be due."
The clerk shall forward all payments of taxes, less 11,782
poundage fees, to the treasurer of state in a manner to be 11,783
prescribed by the tax commissioner and shall furnish such 11,784
information to the commissioner as the commissioner may require. 11,785
For purposes of a transfer of a certificate of title, if the 11,786
clerk is satisfied that a secured party has discharged a lien, 11,787
but has not canceled the lien notation with the clerk of the 11,788
county of origin, he THE CLERK may cancel the lien notation on 11,789
the automated title processing system and notify the clerk of the 11,790
county of origin. 11,791
Sec. 1553.01. (A) There is hereby created in the 11,800
department of natural resources the division of civilian 11,801
conservation. The chief of the division shall be appointed by 11,802
the director of natural resources. 11,803
(B) The chief of the division of civilian conservation, 11,805
with the approval of the director and the advice of the civilian 11,806
conservation advisory committee created in section 1553.10 of the 11,808
Revised Code, shall DO ALL OF THE FOLLOWING:
(1) Divide the state into conservation areas; 11,810
(2) Establish, within conservation areas, residential and 11,812
nonresidential civilian conservation programs as THAT the chief 11,813
267
considers appropriate; 11,814
(3)(2) Establish eligibility standards in accordance with 11,816
section 1553.04 of the Revised Code for selecting applicants for 11,817
participation in conservation programs established under this 11,818
chapter; 11,819
(4)(3) Adopt rules in accordance with Chapter 119. of the 11,821
Revised Code to carry out the purposes of this chapter. 11,822
Sec. 1553.02. (A) The chief of the division of civilian 11,831
conservation shall ensure that each program established under 11,832
this chapter provides participants with EDUCATIONAL ADVANCEMENT 11,833
OPPORTUNITIES, LIFE SKILL DEVELOPMENT OPPORTUNITIES, AND work 11,834
experience related to the conservation, development, and 11,836
management of natural resources and recreational areas, 11,837
RESTORATION OF HISTORIC STRUCTURES, and assistance in the 11,838
development of related community programs. Such THE work 11,839
experience may include planting, pruning, and cutting of trees, 11,841
forest management including fire protection, reclaiming 11,842
strip-mined land, wildlife habitat development, drainage control, 11,843
prevention of shore and soil erosion, litter removal, trail 11,844
development, cleaning or repair of drainage ditches or streams, 11,845
highway and community beautification, construction of lakes, 11,846
ponds, and waterways to be used as fishing and hunting sites and 11,847
for other recreational purposes, flood control projects, urban 11,848
parks and recreational site development, assistance in times and 11,849
places of natural disasters, insect and pest control, 11,850
CONSTRUCTION AND RENOVATION OF FACILITIES, RESTORATION OF 11,851
HISTORIC STRUCTURES, and any other similar work experience 11,853
considered appropriate by the chief. Such THE programs may be 11,854
carried out on any publicly owned LAND or, with the prior written 11,855
approval of the person owning, administering, or controlling the 11,856
land, on privately owned land.
(B) The chief may, with the approval of the director, OF 11,858
NATURAL RESOURCES, MAY contract with any agency or political 11,859
subdivision of this state, other states, or the federal 11,861
268
government to enable the division to participate in any state, 11,862
federal, or community programs that he THE CHIEF considers to be 11,864
in the public interest.
(C) The chief may, with the approval of the director, MAY 11,866
contract with any person, company, corporation, or association in 11,867
order to carry out the purposes of Chapter 1553. of the Revised 11,868
Code THIS CHAPTER. 11,869
(D) The chief may do all things necessary to obtain any 11,871
federal assistance available for carrying out the purposes of 11,872
this chapter. 11,873
Sec. 1553.05. (A) Each participant in a conservation 11,882
program established under this chapter shall agree to participate 11,883
in the program for a period of not less than six months unless 11,885
participation for a period of less than six months is mandated by 11,886
another funding agency's statutory authority or rules or
regulations. 11,887
A AT THE DISCRETION OF THE CHIEF OF THE DIVISION OF 11,889
CIVILIAN CONSERVATION, A participant may participate in a program 11,890
for a period of more than six months, but no participant's total 11,891
period of participation in the civilian conservation program 11,892
shall exceed eighteen TWENTY-FOUR months except as otherwise 11,893
provided in this division. Subject to the approval of the 11,895
director of natural resources and the chief of the division of 11,896
civilian conservation, a participant who has attained corps 11,897
leader status may participate in the civilian conservation 11,898
program for up to twenty-four months.
(B) The division of civilian conservation shall compensate 11,900
each participant in an amount not less than the wage required by 11,901
Chapter 4111. of the Revised Code and the "Fair Labor Standards 11,902
Act of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended. The 11,903
division shall provide each participant in residential camps with 11,904
lodging, food, and necessary work clothing and such other 11,905
services as THAT the chief considers appropriate, all of which 11,906
shall be considered, in accordance with Chapter 4111. of the 11,908
269
Revised Code and the "Fair Labor Standards Act of 1938," 52 Stat. 11,909
1060, 29 U.S.C. 201, as amended, a part of the participant's 11,910
wage.
(C) The division shall provide participants in each 11,912
nonresidential conservation program with such compensation, in 11,913
money, goods, services, or any combination thereof OF THEM, as 11,915
THAT it considers appropriate in light of the nature of the
program and in accordance with Chapter 4111. of the Revised Code 11,916
and the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 11,917
U.S.C. 201, as amended. 11,918
(D) Participants shall not be considered as state 11,920
employees under Chapter 124. of the Revised Code and shall not be 11,921
permitted to participate in any public employee retirement 11,922
program while they are participants in the civilian conservation 11,923
program. They shall be considered employees of the state for the 11,924
purposes of section 9.83 and Chapters 4112. and 4123. of the 11,925
Revised Code. 11,926
Sec. 1553.07. THE CHIEF OF THE DIVISION OF CIVILIAN 11,928
CONSERVATION SHALL APPOINT APPROPRIATE PERSONNEL AND ENSURE THAT 11,929
APPROPRIATE FACILITIES ARE AVAILABLE FOR THE OPERATION OF THE 11,930
PROGRAMS ESTABLISHED UNDER THIS CHAPTER. 11,931
Sec. 2935.01. As used in this chapter: 11,940
(A) "Magistrate" has the same meaning as in section 11,942
2931.01 of the Revised Code. 11,943
(B) "Peace officer" includes, except as provided in 11,945
section 2935.081 of the Revised Code, a sheriff,; deputy 11,947
sheriff,; marshal,; deputy marshal,; member of the organized 11,948
police department of any municipal corporation, including a 11,950
member of the organized police department of a municipal 11,951
corporation in an adjoining state serving in Ohio under a 11,952
contract pursuant to section 737.04 of the Revised Code,; member 11,953
of a police force employed by a metropolitan housing authority 11,954
under division (D) of section 3735.31 of the Revised Code,; 11,955
member of a police force employed by a regional transit authority 11,957
270
under division (Y) of section 306.05 of the Revised Code,; state 11,958
university law enforcement officer appointed under section 11,959
3345.04 of the Revised Code,; liquor control investigator or food 11,960
stamp trafficking agent of the department of public safety,; 11,962
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A NATURAL 11,963
RESOURCES LAW ENFORCEMENT STAFF OFFICER DESIGNATED PURSUANT TO 11,964
SECTION 1501.013 OF THE REVISED CODE, A FOREST OFFICER DESIGNATED
PURSUANT TO SECTION 1503.29, A PRESERVE OFFICER DESIGNATED 11,966
PURSUANT TO SECTION 1517.10, A WILDLIFE OFFICER DESIGNATED 11,967
PURSUANT TO SECTION 1531.13, A PARK OFFICER DESIGNATED PURSUANT 11,968
TO SECTION 1541.10, OR A STATE WATERCRAFT OFFICER DESIGNATED 11,969
PURSUANT TO SECTION 1547.521 OF THE REVISED CODE; INDIVIDUAL 11,971
DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES UNDER SECTION 11,972
511.232, 1545.13, OR 6101.75 OF THE REVISED CODE; Ohio veterans'
home policeman POLICE OFFICER appointed under section 5907.02 of 11,975
the Revised Code,; police constable of any township,; and police 11,976
officer of a township or joint township police district,; and, 11,978
for the purpose of arrests within those areas, and for the 11,980
purposes of Chapter 5503. of the Revised Code, and the filing of 11,981
and service of process relating to those offenses witnessed or 11,982
investigated by them, includes the superintendent and troopers of 11,983
the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney, 11,985
AND any assistant prosecutor designated to assist the county 11,986
prosecuting attorney, and, in the case of courts inferior to 11,988
courts of common pleas, includes the village solicitor, city 11,989
director of law, or similar chief legal officer of a municipal 11,990
corporation, any such officer's assistants, or any attorney 11,991
designated by the prosecuting attorney of the county to appear 11,993
for the prosecution of a given case.
(D) "Offense," except where the context specifically 11,995
indicates otherwise, includes felonies, misdemeanors, and 11,996
violations of ordinances of municipal corporations and other 11,997
public bodies authorized by law to adopt penal regulations. 11,998
271
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, 12,007
deputy marshal, municipal police officer, township constable, 12,008
police officer of a township or joint township police district, 12,009
member of a police force employed by a metropolitan housing 12,010
authority under division (D) of section 3735.31 of the Revised 12,011
Code, member of a police force employed by a regional transit 12,012
authority under division (Y) of section 306.35 of the Revised 12,013
Code, state university law enforcement officer appointed under 12,015
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 12,016
Code shall arrest and detain, until a warrant can be obtained, a 12,017
person found violating, within the limits of the political 12,018
subdivision, metropolitan housing authority housing project, 12,019
regional transit authority facilities or areas of a municipal 12,020
corporation that have been agreed to by a regional transit 12,021
authority and a municipal corporation located within its 12,022
territorial jurisdiction, college, university, or Ohio veterans' 12,024
home in which the peace officer is appointed, employed, or 12,025
elected, a law of this state, an ordinance of a municipal 12,026
corporation, or a resolution of a township. 12,027
(2) A PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES 12,030
OR AN INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES 12,031
UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED CODE 12,033
SHALL ARREST AND DETAIN, UNTIL A WARRANT CAN BE OBTAINED, A 12,034
PERSON FOUND VIOLATING, WITHIN THE LIMITS OF THE PEACE OFFICER'S 12,035
OR INDIVIDUAL'S TERRITORIAL JURISDICTION, A LAW OF THIS STATE. 12,036
(B)(1) When there is reasonable ground to believe that an 12,038
offense of violence, the offense of criminal child enticement as 12,039
defined in section 2905.05 of the Revised Code, the offense of 12,040
public indecency as defined in section 2907.09 of the Revised 12,041
Code, the offense of domestic violence as defined in section 12,042
2919.25 of the Revised Code, the offense of violating a 12,043
protection order as defined in section 2919.27 of the Revised 12,044
Code, the offense of menacing by stalking as defined in section 12,046
272
2903.211 of the Revised Code, the offense of aggravated trespass 12,047
as defined in section 2911.211 of the Revised Code, a theft 12,048
offense as defined in section 2913.01 of the Revised Code, or a 12,049
felony drug abuse offense as defined in section 2925.01 of the 12,050
Revised Code, has been committed within the limits of the 12,051
political subdivision, metropolitan housing authority housing 12,052
project, regional transit authority facilities or those areas of 12,054
a municipal corporation that have been agreed to by a regional 12,056
transit authority and a municipal corporation located within its 12,057
territorial jurisdiction, college, university, or Ohio veterans' 12,058
home in which the peace officer is appointed, employed, or
elected OR WITHIN THE LIMITS OF THE TERRITORIAL JURISDICTION OF 12,059
THE PEACE OFFICER, a peace officer described in division (A)(1) 12,061
of this section may arrest and detain until a warrant can be 12,062
obtained any person whom WHO the peace officer has reasonable 12,063
cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the 12,065
execution of any of the following constitutes reasonable ground 12,066
to believe that the offense alleged in the statement was 12,067
committed and reasonable cause to believe that the person alleged 12,068
in the statement to have committed the offense is guilty of the 12,069
violation: 12,070
(a) A written statement by a person alleging that an 12,072
alleged offender has committed the offense of menacing by 12,073
stalking or aggravated trespass; 12,074
(b) A written statement by the administrator of the 12,076
interstate compact on mental health appointed under section 12,077
5119.51 of the Revised Code alleging that a person who had been 12,078
hospitalized, institutionalized, or confined in any facility 12,079
under an order made pursuant to or under authority of section 12,080
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 12,082
2945.402 of the Revised Code has escaped from the facility, from 12,083
confinement in a vehicle for transportation to or from the 12,084
facility, or from supervision by an employee of the facility that 12,085
273
is incidental to hospitalization, institutionalization, or 12,086
confinement in the facility and that occurs outside of the 12,087
facility, in violation of section 2921.34 of the Revised Code; 12,088
(c) A written statement by the administrator of any 12,091
facility in which a person has been hospitalized, 12,092
institutionalized, or confined under an order made pursuant to or 12,093
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 12,094
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 12,095
the person has escaped from the facility, from confinement in a 12,096
vehicle for transportation to or from the facility, or from 12,097
supervision by an employee of the facility that is incidental to 12,098
hospitalization, institutionalization, or confinement in the 12,099
facility and that occurs outside of the facility, in violation of 12,100
section 2921.34 of the Revised Code. 12,101
(3)(a) For purposes of division (B)(1) of this section, a 12,104
peace officer described in that division (A) OF THIS SECTION has 12,105
reasonable grounds to believe that the offense of domestic 12,106
violence or the offense of violating a protection order has been 12,107
committed and reasonable cause to believe that a particular 12,109
person is guilty of committing the offense if any of the 12,110
following occurs:
(i) A person executes a written statement alleging that 12,113
the person in question has committed the offense of domestic 12,114
violence or the offense of violating a protection order against 12,115
the person who executes the statement or against a child of the 12,116
person who executes the statement. 12,117
(ii) No written statement of the type described in 12,120
division (B)(3)(a)(i) of this section is executed, but the peace 12,121
officer, based upon the peace officer's own knowledge and 12,122
observation of the facts and circumstances of the alleged 12,123
incident of the offense of domestic violence or the alleged 12,124
incident of the offense of violating a protection order or based 12,125
upon any other information, including, but not limited to, any 12,126
reasonably trustworthy information given to the peace officer by 12,127
274
the alleged victim of the alleged incident of the offense or any 12,128
witness of the alleged incident of the offense, concludes that 12,129
there are reasonable grounds to believe that the offense of 12,130
domestic violence or the offense of violating a protection order 12,131
has been committed and reasonable cause to believe that the 12,132
person in question is guilty of committing the offense. 12,133
(iii) No written statement of the type described in 12,136
division (B)(3)(a)(i) of this section is executed, but the peace 12,137
officer witnessed the person in question commit the offense of 12,138
domestic violence or the offense of violating a protection order. 12,139
(b) If pursuant to division (B)(3)(a) of this section a 12,142
peace officer has reasonable grounds to believe that the offense 12,143
of domestic violence or the offense of violating a protection 12,144
order has been committed and reasonable cause to believe that a 12,146
particular person is guilty of committing the offense, it is the 12,147
preferred course of action in this state that the officer arrest 12,148
and detain that person pursuant to division (B)(1) of this 12,149
section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace 12,152
officer has reasonable grounds to believe that the offense of 12,153
domestic violence or the offense of violating a protection order 12,154
has been committed and reasonable cause to believe that family or 12,155
household members have committed the offense against each other, 12,156
it is the preferred course of action in this state that the 12,157
officer, pursuant to division (B)(1) of this section, arrest and 12,159
detain until a warrant can be obtained the family or household 12,160
member who committed the offense and whom the officer has 12,161
reasonable cause to believe is the primary physical aggressor. 12,162
There is no preferred course of action in this state regarding 12,163
any other family or household member who committed the offense 12,164
and whom the officer does not have reasonable cause to believe is 12,165
the primary physical aggressor, but, pursuant to division (B)(1) 12,166
of this section, the peace officer may arrest and detain until a 12,167
warrant can be obtained any other family or household member who 12,168
275
committed the offense and whom the officer does not have 12,169
reasonable cause to believe is the primary physical aggressor. 12,170
(c) If a peace officer described in division (B)(1)(A) of 12,173
this section does not arrest and detain a person whom the officer 12,174
has reasonable cause to believe committed the offense of domestic 12,175
violence or the offense of violating a protection order when it 12,176
is the preferred course of action in this state pursuant to 12,177
division (B)(3)(b) of this section that the officer arrest that 12,179
person, the officer shall articulate in the written report of the 12,180
incident required by section 2935.032 of the Revised Code a clear 12,181
statement of the officer's reasons for not arresting and 12,182
detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of 12,185
this section which family or household member is the primary 12,186
physical aggressor in a situation in which family or household 12,187
members have committed the offense of domestic violence or the 12,188
offense of violating a protection order against each other, a 12,189
peace officer described in division (B)(1)(A) of this section, in 12,190
addition to any other relevant circumstances, should consider all 12,191
of the following: 12,192
(i) Any history of domestic violence or of any other 12,195
violent acts by either person involved in the alleged offense 12,196
that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence 12,199
was caused by a person acting in self-defense; 12,200
(iii) Each person's fear of physical harm, if any, 12,203
resulting from the other person's threatened use of force against 12,204
any person or resulting from the other person's use or history of 12,205
the use of force against any person, and the reasonableness of 12,206
that fear;
(iv) The comparative severity of any injuries suffered by 12,209
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (B)(1)(A) of 12,212
this section shall not require, as a prerequisite to arresting or 12,213
276
charging a person who has committed the offense of domestic 12,214
violence or the offense of violating a protection order, that the 12,215
victim of the offense specifically consent to the filing of 12,216
charges against the person who has committed the offense or sign 12,217
a complaint against the person who has committed the offense. 12,218
(ii) If a person is arrested for or charged with 12,221
committing the offense of domestic violence or the offense of 12,222
violating a protection order and if the victim of the offense 12,223
does not cooperate with the involved law enforcement or 12,224
prosecuting authorities in the prosecution of the offense or, 12,225
subsequent to the arrest or the filing of the charges, informs 12,226
the involved law enforcement or prosecuting authorities that the 12,227
victim does not wish the prosecution of the offense to continue 12,228
or wishes to drop charges against the alleged offender relative 12,229
to the offense, the involved prosecuting authorities, in 12,230
determining whether to continue with the prosecution of the 12,231
offense or whether to dismiss charges against the alleged 12,232
offender relative to the offense and notwithstanding the victim's 12,233
failure to cooperate or the victim's wishes, shall consider all 12,234
facts and circumstances that are relevant to the offense, 12,235
including, but not limited to, the statements and observations of 12,236
the peace officers who responded to the incident that resulted in 12,237
the arrest or filing of the charges and of all witnesses to that 12,238
incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) 12,240
of this section whether to arrest a person pursuant to division 12,241
(B)(1) of this section, a peace officer described in division 12,242
(B)(1)(A) of this section shall not consider as a factor any 12,243
possible shortage of cell space at the detention facility to 12,244
which the person will be taken subsequent to the person's arrest 12,246
or any possibility that the person's arrest might cause,
contribute to, or exacerbate overcrowding at that detention 12,247
facility or at any other detention facility. 12,248
(g) If a peace officer described in division (B)(1)(A) of 12,250
277
this section intends pursuant to divisions (B)(3)(a) to (g) of 12,253
this section to arrest a person pursuant to division (B)(1) of 12,254
this section and if the officer is unable to do so because the 12,256
person is not present, the officer promptly shall seek a warrant 12,257
for the arrest of the person.
(h) If a peace officer described in division (B)(1)(A) of 12,260
this section responds to a report of an alleged incident of the 12,261
offense of domestic violence or an alleged incident of the 12,262
offense of violating a protection order and if the circumstances 12,263
of the incident involved the use or threatened use of a deadly 12,265
weapon or any person involved in the incident brandished a deadly 12,266
weapon during or in relation to the incident, the deadly weapon 12,267
that was used, threatened to be used, or brandished constitutes 12,268
contraband, and, to the extent possible, the officer shall seize 12,269
the deadly weapon as contraband pursuant to section 2933.43 of 12,270
the Revised Code. Upon the seizure of a deadly weapon pursuant 12,271
to this division (B)(3)(h) OF THIS SECTION, section 2933.43 of 12,273
the Revised Code shall apply regarding the treatment and 12,274
disposition of the deadly weapon. For purposes of that section, 12,275
the "underlying criminal offense" that was the basis of the 12,276
seizure of a deadly weapon under this division (B)(3)(h) OF THIS 12,278
SECTION and to which the deadly weapon had a relationship is any 12,279
of the following that is applicable: 12,280
(i) The alleged incident of the offense of domestic 12,283
violence or the alleged incident of the offense of violating a 12,284
protection order to which the officer who seized the deadly 12,285
weapon responded;
(ii) Any offense that arose out of the same facts and 12,288
circumstances as the report of the alleged incident of the 12,289
offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who 12,291
seized the deadly weapon responded.
(4) If, in the circumstances described in divisions 12,293
(B)(3)(a) to (g) of this section, a peace officer described in 12,294
278
division (B)(1)(A) of this section arrests and detains a person 12,295
pursuant to division (B)(1) of this section, or if, pursuant to 12,297
division (B)(3)(h) of this section, a peace officer described in 12,298
division (B)(1)(A) of this section seizes a deadly weapon, the 12,299
officer, to the extent described in and in accordance with 12,300
section 9.86 or 2744.03 of the Revised Code, is immune in any 12,301
civil action for damages for injury, death, or loss to person or 12,302
property that arises from or is related to the arrest and 12,303
detention or the seizure. 12,304
(C) When there is reasonable ground to believe that a 12,306
violation of division (A), (B), or (C) of section 4506.15 or a 12,307
violation of section 4511.19 of the Revised Code has been 12,308
committed by a person operating a motor vehicle subject to 12,309
regulation by the public utilities commission of Ohio under Title 12,310
XLIX of the Revised Code, a peace officer with authority to 12,311
enforce that provision of law may stop or detain the person whom 12,312
the officer has reasonable cause to believe was operating the 12,313
motor vehicle in violation of the division or section and, after 12,314
investigating the circumstances surrounding the operation of the 12,315
vehicle, may arrest and detain the person. 12,316
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 12,318
municipal police officer, member of a police force employed by a 12,319
metropolitan housing authority under division (D) of section 12,320
3735.31 of the Revised Code, member of a police force employed by 12,321
a regional transit authority under division (Y) of section 306.35 12,322
of the Revised Code, TOWNSHIP constable, police officer of a 12,323
township or joint township police district, or state university 12,324
law enforcement officer appointed under section 3345.04 of the 12,325
Revised Code, PEACE OFFICER OF THE DEPARTMENT OF NATURAL 12,326
RESOURCES, OR INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT 12,327
DUTIES UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED 12,328
CODE is authorized by division (A) or (B) of this section to 12,330
arrest and detain, within the limits of the political
subdivision, metropolitan housing authority housing project, 12,331
279
regional transit authority facilities or those areas of a 12,332
municipal corporation that have been agreed to by a regional 12,333
transit authority and a municipal corporation located within its 12,334
territorial jurisdiction, college, or university in which the 12,335
officer is appointed, employed, or elected OR WITHIN THE LIMITS 12,336
OF THE TERRITORIAL JURISDICTION OF THE PEACE OFFICER, a person 12,337
until a warrant can be obtained, the peace officer may, outside 12,338
the limits of that territory, MAY pursue, arrest, and detain that 12,339
person until a warrant can be obtained if all of the following 12,341
apply:
(1) The pursuit takes place without unreasonable delay 12,343
after the offense is committed.; 12,344
(2) The pursuit is initiated within the limits of the 12,346
political subdivision, metropolitan housing authority housing 12,347
project, regional transit authority facilities or those areas of 12,348
a municipal corporation that have been agreed to by a regional 12,349
transit authority and a municipal corporation located within its 12,350
territorial jurisdiction, college, or university in which the 12,351
peace officer is appointed, employed, or elected. OR WITHIN THE 12,352
LIMITS OF THE TERRITORIAL JURISDICTION OF THE PEACE OFFICER; 12,353
(3) The offense involved is a felony, a misdemeanor of the 12,355
first degree or a substantially equivalent municipal ordinance, a 12,356
misdemeanor of the second degree or a substantially equivalent 12,357
municipal ordinance, or any offense for which points are 12,358
chargeable pursuant to division (G) of section 4507.021 of the 12,359
Revised Code. 12,360
(E) In addition to the authority granted under division 12,362
(A) or (B) of this section: 12,363
(1) A sheriff or deputy sheriff may arrest and detain, 12,365
until a warrant can be obtained, any person found violating 12,366
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 12,367
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 12,368
Revised Code on the portion of any street or highway that is 12,369
located immediately adjacent to the boundaries of the county in 12,370
280
which the sheriff or deputy sheriff is elected or appointed. 12,371
(2) A member of the police force of a township police 12,373
district created under section 505.48 of the Revised Code, a 12,374
member of the police force of a joint township police district 12,375
created under section 505.481 of the Revised Code, and OR a 12,376
township constable appointed in accordance with section 509.01 of 12,378
the Revised Code, who has received a certificate from the Ohio 12,379
peace officer training commission under section 109.75 of the 12,380
Revised Code, may arrest and detain, until a warrant can be 12,381
obtained, any person found violating any section or chapter of 12,382
the Revised Code listed in division (E)(1) of this section, other 12,383
than sections 4513.33 and 4513.34 of the Revised Code, on the 12,384
portion of any street or highway that is located immediately 12,385
adjacent to the boundaries of the township police district or 12,386
joint township police district, in the case of a member of a 12,387
township police district or joint township police district police 12,388
force, or the unincorporated territory of the township, in the 12,389
case of a township constable. However, if the population of the 12,390
township that created the township police district served by the 12,391
member's police force, or the townships that created the joint 12,392
township police district served by the member's police force, or 12,393
the township that is served by the township constable, is sixty 12,394
thousand or less, the member of the township police district or 12,395
joint police district police force or the township constable may 12,396
not make an arrest under this division (E)(2) OF THIS SECTION on 12,398
a state highway that is included as part of the interstate 12,399
system.
(3) A police officer or village marshal appointed, 12,401
elected, or employed by a municipal corporation may arrest and 12,402
detain, until a warrant can be obtained, any person found 12,403
violating any section or chapter of the Revised Code listed in 12,404
division (E)(1) of this section on the portion of any street or 12,405
highway that is located immediately adjacent to the boundaries of 12,406
the municipal corporation in which the police officer or village 12,407
281
marshal is appointed, elected, or employed. 12,408
(4) A PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES 12,411
OR AN INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES 12,412
UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED CODE 12,414
MAY ARREST AND DETAIN, UNTIL A WARRANT CAN BE OBTAINED, ANY 12,415
PERSON FOUND VIOLATING ANY SECTION OR CHAPTER OF THE REVISED CODE 12,417
LISTED IN DIVISION (E)(1) OF THIS SECTION, OTHER THAN SECTIONS 12,419
4513.33 AND 4513.34 OF THE REVISED CODE, ON THE PORTION OF ANY 12,421
STREET OR HIGHWAY THAT IS LOCATED IMMEDIATELY ADJACENT TO THE 12,422
BOUNDARIES OF THE LANDS AND WATERS THAT CONSTITUTE THE 12,423
TERRITORIAL JURISDICTION OF THE PEACE OFFICER. 12,424
(F)(1) A department of mental health special police 12,426
officer or a department of mental retardation and developmental 12,427
disabilities special police officer may arrest without a warrant 12,428
and detain until a warrant can be obtained any person found 12,429
committing on the premises of any institution under the 12,430
jurisdiction of the particular department a misdemeanor under a 12,431
law of the state.
A department of mental health special police officer or a 12,433
department of mental retardation and developmental disabilities 12,434
special police officer may arrest without a warrant and detain 12,435
until a warrant can be obtained any person who has been 12,436
hospitalized, institutionalized, or confined in an institution 12,437
under the jurisdiction of the particular department pursuant to 12,438
or under authority of section 2945.37, 2945.371, 2945.38, 12,439
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 12,441
who is found committing on the premises of any institution under 12,442
the jurisdiction of the particular department a violation of 12,443
section 2921.34 of the Revised Code that involves an escape from 12,444
the premises of the institution. 12,445
(2)(a) If a department of mental health special police 12,447
officer or a department of mental retardation and developmental 12,448
disabilities special police officer finds any person who has been 12,449
hospitalized, institutionalized, or confined in an institution 12,450
282
under the jurisdiction of the particular department pursuant to 12,451
or under authority of section 2945.37, 2945.371, 2945.38, 12,452
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 12,454
committing a violation of section 2921.34 of the Revised Code 12,455
that involves an escape from the premises of the institution, or 12,456
if there is reasonable ground to believe that a violation of 12,457
section 2921.34 of the Revised Code has been committed that 12,458
involves an escape from the premises of an institution under the 12,459
jurisdiction of the department of mental health or the department 12,460
of mental retardation and developmental disabilities and if a 12,461
department of mental health special police officer or a 12,462
department of mental retardation and developmental disabilities 12,463
special police officer has reasonable cause to believe that a 12,464
particular person who has been hospitalized, institutionalized, 12,465
or confined in the institution pursuant to or under authority of 12,466
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 12,467
or 2945.402 of the Revised Code is guilty of the violation, the 12,468
special police officer, outside of the premises of the 12,469
institution, may pursue, arrest, and detain that person for that 12,470
violation of section 2921.34 of the Revised Code, until a warrant 12,471
can be obtained, if both of the following apply: 12,472
(i) The pursuit takes place without unreasonable delay 12,474
after the offense is committed.; 12,475
(ii) The pursuit is initiated within the premises of the 12,477
institution from which the violation of section 2921.34 of the 12,478
Revised Code occurred. 12,479
(b) For purposes of division (F)(2)(a) of this section, 12,481
the execution of a written statement by the administrator of the 12,482
institution in which a person had been hospitalized, 12,483
institutionalized, or confined pursuant to or under authority of 12,484
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 12,486
or 2945.402 of the Revised Code alleging that the person has 12,487
escaped from the premises of the institution in violation of 12,488
section 2921.34 of the Revised Code constitutes reasonable ground 12,489
283
to believe that the violation was committed and reasonable cause 12,490
to believe that the person alleged in the statement to have 12,491
committed the offense is guilty of the violation. 12,492
(G) As used in this section: 12,494
(1) A "department of mental health special police officer" 12,496
means a special police officer of the department of mental health 12,497
designated under section 5119.14 of the Revised Code who is 12,498
certified by the Ohio peace officer training commission under 12,499
section 109.77 of the Revised Code as having successfully 12,500
completed an approved peace officer basic training program. 12,501
(2) A "department of mental retardation and developmental 12,503
disabilities special police officer" means a special police 12,505
officer of the department of mental retardation and developmental 12,506
disabilities designated under section 5123.13 of the Revised Code 12,507
who is certified by the Ohio peace officer training council under 12,508
section 109.77 of the Revised Code as having successfully 12,509
completed an approved peace officer basic training program. 12,510
(3) "Deadly weapon" has the same meaning as in section 12,512
2923.11 of the Revised Code. 12,513
(4) "Family or household member" has the same meaning as 12,515
in section 2919.25 of the Revised Code. 12,516
(5) "Street" or "highway" has the same meaning as in 12,518
section 4511.01 of the Revised Code. 12,519
(6) "Interstate system" has the same meaning as in section 12,521
5516.01 of the Revised Code. 12,522
(7) "PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES" 12,525
MEANS AN EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A 12,527
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER DESIGNATED
PURSUANT TO SECTION 1501.013, A FOREST OFFICER DESIGNATED 12,528
PURSUANT TO SECTION 1503.29, A PRESERVE OFFICER DESIGNATED 12,529
PURSUANT TO SECTION 1517.10, A WILDLIFE OFFICER DESIGNATED 12,530
PURSUANT TO SECTION 1531.13, A PARK OFFICER DESIGNATED PURSUANT 12,531
TO SECTION 1541.10, OR A STATE WATERCRAFT OFFICER DESIGNATED 12,533
PURSUANT TO SECTION 1547.521 OF THE REVISED CODE. 12,534
284
Sec. 3937.42. (A) The chief or head law enforcement 12,543
officer of any federal, state, or local law enforcement agency or 12,544
a prosecuting attorney of any county may request any insurance 12,545
company, or agent authorized by the company to act on its behalf, 12,546
that has investigated or is investigating a claim involving motor 12,547
vehicle insurance OR VESSEL INSURANCE to release any information 12,548
in its possession relevant to the claim. The company or agent 12,550
shall release the information that is requested in writing by the 12,551
law enforcement officer. 12,552
(B) If an insurance company, or agent authorized by the 12,554
company to act on its behalf, has reason to suspect that a loss 12,555
involving a motor vehicle OR VESSEL that is insured by the 12,556
company is part of a fraudulent scheme to obtain control of motor 12,558
vehicle insurance proceeds, the company or agent shall notify a 12,559
law enforcement officer or a prosecuting attorney of any county 12,560
having jurisdiction over the alleged fraud. 12,561
(C) An insurance company, or agent authorized by the 12,563
company to act on its behalf, shall release any information 12,564
requested in writing pursuant to division (A) of this section and 12,565
cooperate with the officer or a prosecuting attorney of any 12,566
county authorized to request the information. The company or 12,567
agent shall take such action as may be reasonably requested of it 12,568
by the officer or a prosecuting attorney of any county and shall 12,569
permit any other person ordered by a court to inspect any 12,570
information that is specifically requested by the court. 12,571
The information that may be requested pursuant to this 12,573
section may include, but is not limited to, the following: 12,574
(1) Any insurance policy relevant to the claim under 12,576
investigation and any application for such a policy; 12,577
(2) Policy premium payment records; 12,579
(3) History of previous motor vehicle claims INVOLVING A 12,581
MOTOR VEHICLE OR VESSEL made by the insured; 12,583
(4) Material relating to the investigation of the claim, 12,585
including statements of any person, proof of loss, and any other 12,586
285
relevant evidence. 12,587
(D) If the law enforcement officer or a prosecuting 12,589
attorney of any county mentioned in division (A) of this section 12,590
has received information pursuant to this section from an 12,591
insurance company, or agent authorized by the company to act on 12,592
its behalf, the officer or a prosecuting attorney of any county 12,593
may release to, and share with, the insurance company or agent 12,594
any information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 12,595
possession relative to the claim, upon the written request of the 12,597
insurance company or agent.
(E) In the absence of fraud, recklessness, or malice, no 12,599
insurance company, or agent authorized by the company to act on 12,600
its behalf, is liable for damages in any civil action, including 12,601
any action brought pursuant to section 1347.10 of the Revised 12,602
Code for any oral or written statement made or any other action 12,603
taken that is necessary to supply information required pursuant 12,604
to this section. 12,605
(F) Except as otherwise provided in division (D) of this 12,607
section, any officer or a prosecuting attorney of any county 12,608
receiving any information furnished pursuant to this section 12,609
shall hold the information in confidence and shall not disclose 12,610
it to anyone except other law enforcement officers or agencies 12,611
until its release is required pursuant to a criminal or civil 12,612
proceeding. 12,613
(G) Any officer or a prosecuting attorney of any county 12,615
referred to in division (A) of this section may testify as to any 12,616
information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 12,617
possession regarding the claim referred to in that division in 12,619
any civil action in which any person seeks recovery under a 12,620
policy against an insurance company.
(H) As used in this section, "motor vehicle": 12,622
(1) "MOTOR VEHICLE" has the same meaning as in section 12,625
4501.01 of the Revised Code.
(2) "VESSEL" HAS THE SAME MEANING AS IN SECTION 1547.01 OF 12,627
286
THE REVISED CODE.
(I)(1) No person shall purposely refuse to release any 12,629
information requested pursuant to this section by an officer or a 12,630
prosecuting attorney of any county authorized by division (A) of 12,631
this section to request the information. 12,632
(2) No person shall purposely refuse to notify an 12,634
appropriate law enforcement officer or a prosecuting attorney of 12,635
any county of a loss required to be reported pursuant to division 12,636
(B) of this section. 12,637
(3) No person shall purposely fail to hold in confidence 12,639
information required to be held in confidence by division (F) of 12,640
this section. 12,641
Sec. 4905.03. As used in this chapter: 12,651
(A) Any person, firm, copartnership, voluntary 12,653
association, joint-stock association, company, or corporation, 12,654
wherever organized or incorporated, is: 12,655
(1) A telegraph company, when engaged in the business of 12,657
transmitting telegraphic messages to, from, through, or in this 12,658
state; 12,659
(2) A telephone company, when engaged in the business of 12,661
transmitting telephonic messages to, from, through, or in this 12,662
state and as such is a common carrier; 12,663
(3) A motor transportation company, when engaged in the 12,665
business of carrying and transporting persons or property or the 12,666
business of providing or furnishing such transportation service, 12,667
for hire, in or by motor-propelled vehicles of any kind, 12,668
including trailers, for the public in general, over any public 12,669
street, road, or highway in this state, except as provided in 12,670
section 4921.02 of the Revised Code; 12,671
(4) An electric light company, when engaged in the 12,673
business of supplying electricity for light, heat, or power 12,674
purposes to consumers within this state; 12,675
(5) A gas company, when engaged in the business of 12,677
supplying artificial gas for lighting, power, or heating purposes 12,678
287
to consumers within this state or when engaged in the business of 12,679
supplying artificial gas to gas companies or to natural gas 12,680
companies within this state, but a producer engaged in supplying 12,681
to one or more gas or natural gas companies, only such artifical 12,682
ARTIFICIAL gas as is manufactured by such THAT producer as a 12,683
by-product of some other process in which such THE producer is 12,684
primarily engaged within this state is not thereby a gas company. 12,685
All rates, rentals, tolls, schedules, charges of any kind, or 12,686
agreements between any gas company and any other gas company or 12,687
any natural gas company providing for the supplying of artificial 12,688
gas and for compensation for the same, are subject to the 12,689
jurisdiction of the public utilities commission. 12,690
(6) A natural gas company, when engaged in the business of 12,692
supplying natural gas for lighting, power, or heating purposes to 12,693
consumers within this state, or when engaged in the business of 12,694
supplying natural gas to gas companies or to natural gas 12,695
companies within this state, but where a producer supplies to one 12,696
or more gas or natural gas companies only such gas as is produced 12,697
by such producer from wells drilled on land owned in fee by such 12,698
producer or where the principal use of such land by said producer 12,699
is other than the production of gas, within this state, such 12,700
producer is not thereby a natural gas company. All. 12,701
NOTWITHSTANDING THE ABOVE, NEITHER THE DELIVERY NOR SALE OF 12,703
OHIO-PRODUCED NATURAL GAS BY A PRODUCER OR GATHERER UNDER A 12,704
PUBLIC UTILITIES COMMISSION-ORDERED EXEMPTION, ADOPTED BEFORE, AS 12,705
TO PRODUCERS, OR AFTER, AS TO PRODUCERS OR GATHERERS, JANUARY 1, 12,706
1996, OR THE DELIVERY OR SALE OF OHIO-PRODUCED NATURAL GAS BY A 12,707
PRODUCER OR GATHERER OF OHIO-PRODUCED NATURAL GAS, EITHER TO A 12,710
LESSOR UNDER AN OIL AND GAS LEASE OF THE LAND ON WHICH THE 12,711
PRODUCER'S DRILLING UNIT IS LOCATED, OR THE GRANTOR INCIDENT TO A 12,712
RIGHT-OF-WAY OR EASEMENT TO THE PRODUCER OR GATHERER, SHALL CAUSE 12,713
THE PRODUCER OR GATHERER TO BE A NATURAL GAS COMPANY FOR THE 12,714
PURPOSES OF THIS SECTION.
ALL rates, rentals, tolls, schedules, charges of any kind, 12,717
288
or agreements between a natural gas company and other natural gas 12,718
companies or gas companies providing for the supply of natural 12,719
gas and for compensation for the same, are subject to the 12,720
jurisdiction of the public utilities commission. The commission 12,721
may, upon application made to it, MAY relieve any producer OR 12,722
GATHERER of natural gas, defined in this section as a gas company 12,724
or a natural gas company, of compliance with the obligations 12,725
imposed by THIS CHAPTER AND Chapters 4901., 4903., 4905., 4907., 12,727
4909., 4921., and 4923. of the Revised Code, so long as such THE 12,728
producer OR GATHERER is not affiliated with or under the control 12,729
of a gas company or a natural gas company engaged in the 12,731
transportation or distribution of natural gas, or so long as such 12,732
THE producer OR GATHERER does not engage in the distribution of 12,733
natural gas to consumers.
NOTHING IN DIVISION (A)(6) OF THIS SECTION LIMITS THE 12,735
AUTHORITY OF THE COMMISSION TO ENFORCE SECTIONS 4905.90 TO 12,736
4905.96 OF THE REVISED CODE.
(7) A pipe-line company, when engaged in the business of 12,738
transporting natural gas, oil, or coal or its derivatives through 12,739
pipes or tubing, either wholly or partly within this state; 12,740
(8) A water-works company, when engaged in the business of 12,742
supplying water through pipes or tubing, or in a similar manner, 12,743
to consumers within this state; 12,744
(9) A heating or cooling company, when engaged in the 12,746
business of supplying water, steam, or air through pipes or 12,747
tubing to consumers within this state for heating or cooling 12,748
purposes; 12,749
(10) A messenger company, when engaged in the business of 12,751
supplying messengers for any purpose; 12,752
(11) A street railway company, when engaged in the 12,754
business of operating as a common carrier, a railway, wholly or 12,755
partly within this state, with one or more tracks upon, along, 12,756
above, or below any public road, street, alleyway, or ground, 12,757
within any municipal corporation, operated by any motive power 12,758
289
other than steam and not a part of an interurban railroad, 12,759
whether such THE railway is termed street, inclined-plane, 12,760
elevated, or underground railway; 12,762
(12) A suburban railroad company, when engaged in the 12,764
business of operating as a common carrier, whether wholly or 12,765
partially within this state, a part of a street railway 12,766
constructed or extended beyond the limits of a municipal 12,767
corporation, and not a part of an interurban railroad; 12,768
(13) An interurban railroad company, when engaged in the 12,770
business of operating a railroad, wholly or partially within this 12,771
state, with one or more tracks from one municipal corporation or 12,772
point in this state to another municipal corporation or point in 12,773
this state, whether constructed upon the public highways or upon 12,774
private rights-of-way, outside of municipal corporations, using 12,775
electricity or other motive power than steam power for the 12,776
transportation of passengers, packages, express matter, United 12,777
States mail, baggage, and freight. Such AN interurban railroad 12,778
company is included in the term "railroad" as used in section 12,779
4907.02 of the Revised Code;. 12,780
(14) A sewage disposal system company, when engaged in the 12,782
business of sewage disposal services through pipes or tubing, and 12,783
treatment works, or in a similar manner, within this state. 12,784
(B) "Motor-propelled vehicle" means any automobile, 12,786
automobile truck, motor bus, or any other self-propelled vehicle 12,787
not operated or driven upon fixed rails or tracks. 12,788
Nothing in this section shall be construed to mean that an 12,790
electric light company operated not for profit, owned and 12,791
operated exclusively by and solely for its customers, or owned or 12,792
operated by a municipal corporation, is subject to sections 12,793
4905.66, 4905.67, 4905.68, and 4905.69 of the Revised Code. 12,794
Sec. 5749.02. (A) For the purpose of providing revenue to 12,804
administer the state's coal mining and reclamation regulatory 12,805
program, to meet the environmental and resource management needs 12,806
of this state, and to reclaim land affected by mining, an excise 12,807
290
tax is hereby levied on the privilege of engaging in the 12,808
severance of natural resources from the soil or water of this 12,809
state. The tax shall be imposed upon the severer and shall be: 12,810
(1) Seven cents per ton of coal; 12,812
(2) Four cents per ton of salt; 12,814
(3) Two cents per ton of limestone or dolomite; 12,816
(4) Two cents per ton of sand and gravel; 12,818
(5) Ten cents per barrel of oil; 12,820
(6) Two and one-half cents per thousand cubic feet of 12,822
natural gas; 12,823
(7) One cent per ton of clay, sandstone or conglomerate, 12,825
shale, gypsum, or quartzite. 12,826
(B) Of the moneys received by the treasurer of state from 12,828
the tax levied in division (A)(1) of this section, six and 12,829
three-tenths per cent shall be credited to the geological mapping 12,830
fund created in section 1505.09 of the Revised Code, fourteen and 12,831
two-tenths per cent shall be credited to the defaulted areas 12,832
RECLAMATION SUPPLEMENTAL FORFEITURE fund created in division (B) 12,834
of section 1513.18 of the Revised Code, fifty-seven and 12,835
nine-tenths per cent shall be credited to the coal mining 12,836
administration and reclamation reserve fund created in section 12,837
1513.181 of the Revised Code, and the remainder shall be credited 12,838
to the unreclaimed lands fund created in section 1513.30 of the 12,839
Revised Code. When, within ten days before or after the 12,840
beginning of a fiscal year, the chief of the division of mines 12,841
and reclamation finds that the balance of the coal mining
administration and reclamation reserve fund is below two million 12,842
dollars, the chief shall certify that fact to the director of 12,843
budget and management. Upon receipt of the chief's 12,844
certification, the director shall direct the treasurer of state 12,845
to instead credit to the coal mining administration and 12,846
reclamation reserve fund during the fiscal year for which the 12,847
certification is made the fourteen and two-tenths per cent of the 12,848
moneys collected from the tax levied in division (A)(1) of this 12,849
291
section and otherwise required by this division to be credited to 12,850
the defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund. 12,851
Fifteen per cent of the moneys received by the treasurer of 12,853
state from the tax levied in division (A)(2) of this section 12,854
shall be credited to the geological mapping fund and the 12,855
remainder shall be credited to the unreclaimed lands fund. 12,856
Of the moneys received by the treasurer of state from the 12,858
tax levied in divisions (A)(3) and (4) of this section, seven and 12,859
five-tenths per cent shall be credited to the geological mapping 12,860
fund, forty-two and five-tenths per cent shall be credited to the 12,861
unreclaimed lands fund, and the remainder shall be credited to 12,862
the surface mining administration fund created in section 1514.11 12,863
of the Revised Code. 12,864
Of the moneys received by the treasurer of state from the 12,866
tax levied in divisions (A)(5) and (6) of this section, twenty 12,867
per cent shall be credited to the oil and gas well plugging fund 12,870
created in section 1509.071 of the Revised Code, ten per cent 12,871
shall be credited to the geological mapping fund, and seventy per 12,872
cent shall be credited to the oil and gas permit fund created in 12,874
section 1509.02 of the Revised Code. All of the moneys received 12,875
by the treasurer of state from the tax levied in division (A)(7) 12,876
of this section shall be credited to the surface mining 12,877
administration fund.
(C) For the purpose of paying the state's expenses for 12,879
reclaiming coal mined lands that the operator failed to reclaim 12,880
in accordance with Chapter 1513. of the Revised Code under a coal 12,881
mining and reclamation permit issued under that chapter on or 12,882
after September 1, 1981, and CHAPTER 1513. OF THE REVISED CODE, 12,883
OR UNDER A SURFACE MINING PERMIT ISSUED UNDER CHAPTER 1514. OF 12,884
THE REVISED CODE, for which the operator's bond is not sufficient 12,886
to pay the state's expense for reclamation, there is hereby 12,887
levied an excise tax on the privilege of engaging in the
severance of coal from the soil or water of this state in 12,888
addition to the taxes levied by divisions (A)(1) and (D) of this 12,889
292
section. The tax shall be imposed at the rate of one cent per 12,890
ton of coal as prescribed in this division. Moneys received by 12,891
the treasurer of state from the tax levied under this division 12,892
shall be credited to the reclamation supplemental forfeiture fund 12,893
created in division (D)(B) of section 1513.18 of the Revised 12,894
Code. 12,895
The tax levied by this division shall be imposed when, 12,897
during any fiscal year, the balance of the reclamation 12,898
supplemental forfeiture fund is reduced below two million dollars 12,899
and five hundred thousand dollars has been transferred to the 12,900
reclamation supplemental forfeiture fund from the unreclaimed 12,901
lands fund during the fiscal year. The tax shall be imposed in 12,902
the calendar year following the close of the fiscal year during 12,903
which the balance is so reduced and shall continue to be imposed 12,904
until the end of the calendar year in which the balance of the 12,905
reclamation supplemental forfeiture fund is restored to two 12,906
million dollars, at which time the imposition of the tax shall be 12,907
suspended until the time that the circumstances requiring the tax 12,908
to be imposed recur. 12,909
When, at the close of the fiscal year, the chief of the 12,911
division of mines and reclamation finds that the balance of the 12,912
reclamation supplemental forfeiture fund is below two million 12,913
dollars and that five hundred thousand dollars has been 12,914
transferred to the fund previously in the fiscal year, the chief, 12,915
within thirty days after the close of the fiscal year, shall 12,916
certify that fact to the tax commissioner, at which time the 12,917
circumstances requiring the imposition of the tax shall be deemed 12,918
to have occurred. 12,919
(D) For the purpose of paying the state's expenses for 12,921
reclaiming coal mined lands that the operator failed to reclaim 12,922
in accordance with Chapter 1513. of the Revised Code under a coal 12,923
mining and reclamation permit issued after April 10, 1972, but 12,924
before September 1, 1981, for which the operator's bond is not 12,925
sufficient to pay the state's expense for reclamation and paying 12,926
293
the expenses for administering the state's coal mining and 12,927
reclamation regulatory program, there is hereby levied an excise 12,928
tax on the privilege of engaging in the severance of coal from 12,929
the soil or water of this state in addition to the taxes levied 12,930
by divisions (A)(1) and (C) of this section. The tax shall be 12,931
imposed at the rate of one cent per ton of coal as prescribed in 12,932
this division. Moneys received by the treasurer of state from 12,933
the tax levied by this division shall be credited to the 12,934
defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund created 12,935
in division (B) of section 1513.18 of the Revised Code. 12,937
When, at the close of any fiscal year, the chief finds that 12,939
the balance of the defaulted areas RECLAMATION SUPPLEMENTAL 12,940
FORFEITURE fund, plus estimated transfers to it from the coal 12,942
mining and reclamation reserve fund under section 1513.181 of the 12,943
Revised Code, plus the estimated revenues from the tax levied by 12,944
this division for the remainder of the calendar year that 12,945
includes the close of the fiscal year, are sufficient to complete 12,946
the reclamation of such lands, the purposes for which the tax 12,947
under this division is levied shall be deemed accomplished at the 12,948
end of that calendar year. The chief, within thirty days after 12,949
the close of the fiscal year, shall certify his THOSE findings to 12,950
the tax commissioner, and the tax shall cease to be imposed after 12,952
the last day of that calendar year.
(E) On the day fixed for the payment of the severance 12,954
taxes required to be paid by this section, the taxes with any 12,955
penalties or interest thereon ON THEM shall become a lien on all 12,957
property of the taxpayer in this state, whether the property is 12,958
employed by the taxpayer in the prosecution of its business or is 12,959
in the hands of an assignee, trustee, or receiver for the benefit 12,960
of creditors or stockholders. The lien shall continue until the 12,961
taxes and any penalties or interest thereon are paid. 12,962
Upon failure of the taxpayer to pay a tax on the day fixed 12,964
for payment, the tax commissioner may file, for which no filing 12,965
fee shall be charged, in the office of the county recorder in 12,966
294
each county in this state in which the taxpayer owns or has a 12,967
beneficial interest in real estate, notice of the lien containing 12,968
a brief description of the real estate. The lien shall not be 12,969
valid as against any mortgagee, purchaser, or judgment creditor 12,970
whose rights have attached prior to the time the notice is filed 12,971
in the county in which the real estate that is the subject of the 12,973
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 12,974
"severance tax lien record" and indexed under the name of the 12,975
taxpayer charged with the tax. When the tax has been paid, the 12,976
tax commissioner shall furnish to the taxpayer an acknowledgement 12,977
of payment, which the taxpayer may record with the recorder of 12,978
each county in which notice of the lien has been filed. 12,979
Sec. 6111.42. The environmental protection agency shall DO 12,988
ALL OF THE FOLLOWING: 12,989
(A) Collect PRIMARILY WITH REGARD TO WATER QUALITY, 12,991
COLLECT, study, and interpret all available information, 12,993
statistics, and data pertaining to the supply, use, conservation, 12,994
and replenishment of the underground GROUND and surface waters in 12,996
the state IN COORDINATION WITH OTHER AGENCIES OF THIS STATE;
(B) Be PRIMARILY WITH REGARD TO WATER QUALITY, BE 12,998
authorized to cooperate with and negotiate for the state with any 13,000
agency of the United States government, OF THIS STATE, or agency 13,001
of any other state pertaining to the water resources of the 13,002
state; 13,003
(C) Be authorized to perform stream gauging and contract 13,005
with the United States government or any other agency for the 13,006
gauging of any streams within the state; 13,007
(D) Have authority to furnish information to all public 13,009
officials, offices, and agencies of and in the state, and to 13,010
farmers, well drillers, water consumers, industries, and any 13,011
other persons seeking information regarding water resources; 13,012
(E) Prescribe such regulations subject to and ADOPT RULES 13,014
in accordance with sections 119.01 to 119.13 CHAPTER 119. of the 13,016
295
Revised Code, for the drilling, operation, maintenance, and 13,017
abandonment of wells as THAT are deemed DETERMINED TO BE 13,018
necessary by the director of environmental protection to prevent 13,020
the contamination of the underground GROUND waters in the state, 13,022
except that such regulations THE RULES shall not apply to wells 13,024
for the provision of water for human consumption unless they are 13,025
used, or are for use, by a public water system as defined in 13,026
section 6109.01 of the Revised Code. No person shall violate any 13,027
such regulation A RULE ADOPTED UNDER THIS DIVISION.
(F) Have access to all information and statistics which 13,029
THAT any public authority within the state has available which 13,030
AND THAT the director deems DETERMINES ARE pertinent to its 13,032
duties;
(G) Have authority to prepare an accurate map and 13,034
description of the territorial boundaries of proposed watershed 13,035
districts within the state. Such THE map and description shall 13,036
follow the property line, section line, half section line, or 13,037
patent line which THAT is nearest to the hydrologic boundary of 13,038
the proposed watershed district. There shall be not less than 13,040
fifteen nor more than eighteen proposed watershed districts in 13,041
the state, and each shall be composed of one or more major river 13,042
watersheds. When a map and a description of a proposed watershed 13,043
district has been completed, the director shall cause a copy 13,044
thereof OF THEM to be filed with the secretary of state and the 13,045
board of county commissioners of each county contained in whole 13,047
or in part within the territorial boundaries of such THE proposed 13,048
watershed district. 13,049
Section 2. That existing sections 109.71, 109.751, 109.77, 13,051
109.801, 109.802, 123.01, 145.01, 145.33, 149.01, 1501.01, 13,052
1501.02, 1501.10, 1502.01, 1502.03, 1502.04, 1502.05, 1502.99, 13,053
1503.01, 1503.05, 1503.29, 1503.43, 1504.02, 1505.10, 1505.99, 13,054
1506.02, 1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 13,055
1509.072, 1509.13, 1509.14, 1509.22, 1509.222, 1509.31, 1511.02, 13,056
1511.022, 1513.02, 1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 13,057
296
1515.03, 1515.08, 1515.24, 1517.10, 1517.14, 1517.99, 1518.20, 13,058
1518.21, 1518.22, 1518.23, 1518.24, 1518.25, 1518.26, 1518.27, 13,059
1518.99, 1520.01, 1520.02, 1520.03, 1521.03, 1521.05, 1531.01, 13,060
1531.06, 1531.13, 1531.20, 1531.33, 1531.99, 1533.01, 1533.06, 13,061
1533.08, 1533.10, 1533.12, 1533.171, 1533.24, 1533.67, 1533.68, 13,062
1533.70, 1533.71, 1533.82, 1533.99, 1541.03, 1541.10, 1547.01, 13,063
1547.03, 1547.04, 1547.08, 1547.09, 1547.111, 1547.12, 1547.13, 13,064
1547.131, 1547.14, 1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 13,065
1547.30, 1547.302, 1547.31, 1547.33, 1547.39, 1547.40, 1547.52, 13,066
1547.521, 1547.531, 1547.542, 1547.543, 1547.57, 1547.69,
1548.01, 1548.05, 1548.06, 1553.01, 1553.02, 1553.05, 2935.01, 13,068
2935.03, 3937.42, 4905.03, 5749.02, and 6111.42 and sections 13,069
1515.06, 1515.071, and 1553.07 of the Revised Code are hereby 13,070
repealed.
Section 3. That section 1547.31 of the Revised Code, as 13,072
amended by Am. S.B. 295 of the 121st General Assembly, be amended 13,073
to read as follows: 13,074
Sec. 1547.31. (A) Every powercraft operated on the waters 13,084
in this state shall be equipped at all times with a muffler or a 13,085
muffler system that is in good working order, in constant 13,086
operation, and effectively installed to prevent excessive or 13,087
unusual noise.
(B)(1) No person shall operate or give permission for the 13,090
operation of a powercraft on the waters in this state in such a 13,091
manner as to exceed a noise level of ninety decibels on the "A" 13,093
scale when subjected to a stationary sound level test as 13,094
prescribed by SAE J2005. 13,096
(2) No person shall operate OR GIVE PERMISSION FOR THE 13,098
OPERATION OF a powercraft on the waters in this state in such a 13,100
manner as to exceed a noise level of seventy-five decibels on the 13,101
"A" scale measured as specified by SAE J1970. Measurement of a 13,104
noise level of not more than seventy-five decibels on the "A" 13,106
scale of a powercraft in operation does not preclude the 13,107
conducting of a stationary sound level test as prescribed by SAE 13,108
297
J2005. 13,109
(C) No person shall operate or give permission for the 13,112
operation of a powercraft on the waters in this state that is 13,113
equipped with an altered muffler or muffler cutout, or operate or 13,114
give permission for the operation of a powercraft on the waters 13,115
in this state in any manner that bypasses or otherwise reduces or 13,116
eliminates the effectiveness of any muffler or muffler system 13,117
installed in accordance with this section, unless the applicable 13,118
mechanism has been permanently disconnected or made inoperable. 13,119
(D) No person shall remove, alter, or otherwise modify in 13,122
any way a muffler or muffler system in a manner that will prevent 13,123
it from being operated in accordance with this section. 13,124
(E) No person shall manufacture, sell, or offer for sale a 13,127
powercraft that is not equipped with a muffler or muffler system 13,128
that prevents noise levels in excess of those established in 13,129
division (B)(1) of this section. 13,130
(F) This section does not apply to any of the following: 13,133
(1) A powercraft that is designed, manufactured, and sold 13,136
for the sole purpose of competing in racing events. The
exception established under division (F)(1) of this section shall 13,138
be documented in each sale agreement and shall be acknowledged 13,139
formally by the signatures of the buyer and the seller. The 13,140
buyer and the seller shall maintain copies of the sale agreement. 13,142
A copy of the sale agreement shall be kept aboard the powercraft 13,143
when it is operated. A powercraft to which the exception 13,144
established under division (F)(1) of this section applies shall 13,146
be operated on the waters in this state only in accordance with 13,147
division (F)(2) of this section. 13,148
(2) A powercraft that is actually participating in a 13,150
sanctioned racing event or in tune-up periods for a sanctioned 13,151
racing event on the waters in this state and that is being 13,152
operated in accordance with division (F)(2) of this section. For 13,154
the purposes of division (F)(2) of this section, a sanctioned 13,156
racing event is a racing event that is conducted in accordance 13,157
298
with section 1547.20 of the Revised Code or that is approved by 13,159
the United States coast guard. The operator of a powercraft that 13,162
is operated on the waters in this state for the purpose of a 13,163
sanctioned racing event shall comply with that section and 13,164
requirements established under it or with requirements 13,165
established by the coast guard, as appropriate. Failure to 13,166
comply subjects the operator to this section.
(3) A powercraft that is being operated on the waters in 13,169
this state by or for a boat or engine manufacturer for the
purpose of testing, development, or both and that complies with 13,170
division (F)(3) of this section. The operator of such a 13,172
powercraft shall have aboard at all times and shall produce on 13,173
demand of a law enforcement officer a current, valid letter 13,174
issued by the chief of the division of watercraft in accordance 13,175
with rules adopted under division (I)(1) of this section. 13,177
Failure to produce the letter subjects the operator to this 13,178
section.
(G) A law enforcement officer who is trained in accordance 13,181
with rules adopted under division (I)(2) of this section and who 13,183
has reason to believe that a powercraft is not in compliance with 13,184
the noise levels established in this section may direct the 13,185
operator of the powercraft to submit it to an on-site test to 13,186
measure the level of the noise emitted by the powercraft. The 13,187
operator shall comply with that direction. The officer may 13,188
remain aboard the powercraft during the test at the officer's 13,189
discretion.
If the level of the noise emitted by the powercraft exceeds 13,192
the noise levels established in this section, the officer may 13,193
direct the operator to take immediate and reasonable measures to 13,194
correct the violation, including returning the powercraft to a 13,195
mooring and keeping it at the mooring until the violation is 13,196
corrected or ceases.
(H) A law enforcement officer who conducts powercraft 13,199
noise level tests pursuant to this section shall be trained to do 13,200
299
so in accordance with rules adopted under division (I)(2) of this 13,202
section.
(I) In accordance with Chapter 119. of the Revised Code, 13,207
the chief shall adopt rules establishing both of the following: 13,208
(1) Requirements and procedures for the issuance of 13,210
letters under division (F)(3) of this section. The rules shall 13,212
require, without limitation, that each such letter adequately 13,213
identify the powercraft concerning which the letter is issued and 13,214
specify the purposes for which the powercraft is being operated. 13,215
(2) Requirements and procedures for the training of law 13,218
enforcement officers who conduct powercraft noise level tests 13,219
pursuant to this section. The rules shall require the training 13,220
to include, without limitation, the selection of a site where 13,221
noise level is measured and the calibration and use of noise 13,222
measurement equipment.
Section 4. That all existing versions of section 1547.31 13,224
of the Revised Code are hereby repealed. 13,225
Section 5. Sections 6 and 7 of this act shall take effect 13,227
January 1, 2000. 13,228
Section 6. Not later than ninety days after the effective 13,230
date of this act, each preserve officer, as defined in section 13,231
145.01 of the Revised Code as amended by this act, who is a 13,232
member of the Public Employees Retirement System shall indicate 13,233
to the system, on a form supplied by the retirement system, a 13,234
choice of whether to receive benefits under division (A) of 13,235
section 145.33 of the Revised Code or division (B) of that 13,236
section.
Section 7. All rules adopted by the Chief of the Division 13,238
of Natural Areas and Preserves in the Department of Natural 13,239
Resources pursuant to section 1518.22 of the Revised Code, as it 13,240
existed prior to the effective date of this act, continue in 13,241
effect as rules until amended or rescinded by the Chief of the 13,242
Division of Wildlife in that Department pursuant to section 13,243
1533.88 of the Revised Code, as amended by this act. If 13,244
300
necessary to ensure the integrity of the numbering of the 13,245
Administrative Code, the Director of the Legislative Service 13,246
Commission shall renumber the rules of the Division of Natural 13,247
Areas and Preserves to reflect their transfer to the Division of 13,248
Wildlife. 13,249
Section 8. The amendments to section 4905.03 of the 13,251
Revised Code by this act shall not be construed to modify rules 13,252
and orders of the Public Utilities Commission in existence on the 13,253
effective date of this act.
Section 9. Section 109.77 of the Revised Code is presented 13,255
in this act as a composite of the section as amended by both Sub. 13,256
H.B. 670 and Am. Sub. S.B. 285 of the 121st General Assembly, 13,257
with the new language of neither of the acts shown in capital 13,258
letters. Section 109.802 of the Revised Code is presented in 13,259
this act as a composite of the section as amended by both Am. 13,260
Sub. H.B. 566 and Sub. H.B. 670 of the 121st General Assembly, 13,261
with the new language of neither of the acts shown in capital 13,262
letters. Section 123.01 of the Revised Code is presented in this 13,264
act as a composite of the section as amended by Am. Sub. H.B. 13,265
117, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 121st General 13,266
Assembly, with the new language of none of the acts shown in 13,267
capital letters. Section 145.33 of the Revised Code is presented 13,268
in this act as a composite of the section as amended by both Am. 13,269
Sub. H.B. 379 and Am. Sub. H.B. 450 of the 121st General 13,270
Assembly, with the new language of neither of the acts shown in 13,271
capital letters. Section 1511.02 of the Revised Code is 13,272
presented in this act as a composite of the section as amended by 13,273
Am. Sub. S.B. 73, Am. Sub. S.B. 182, and Am. Sub. S.B. 226 of the 13,274
120th General Assembly, with the new language of none of the acts 13,275
shown in capital letters. Section 1513.181 of the Revised Code 13,276
is presented in this act as a composite of the section as amended 13,277
by both Am. Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st 13,278
General Assembly, with the new language of neither of the acts 13,279
shown in capital letters. Section 1515.08 of the Revised Code is 13,280
301
presented in this act as a composite of the section as amended by 13,281
both Am. Sub. S.B. 73 and Am. Sub. S.B. 182 of the 120th General 13,282
Assembly, with the new language of neither of the acts shown in 13,283
capital letters. Section 5749.02 of the Revised Code is 13,284
presented in this act as a composite of the section as amended by 13,285
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General 13,286
Assembly, with the new language of neither of the acts shown in 13,287
capital letters. This is in recognition of the principle stated 13,288
in division (B) of section 1.52 of the Revised Code that such 13,289
amendments are to be harmonized where not substantively 13,290
irreconcilable and constitutes a legislative finding that such is 13,291
the resulting version in effect prior to the effective date of 13,292
this act.