As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 187 5
1997-1998 6
SENATORS WHITE-GARDNER-HAGAN-GAETH-McLIN-DiDONATO- 8
BLESSING-MUMPER 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
1533.74, 1533.82, 1533.99, 1541.03, 1541.10, 25
1547.01, 1547.03, 1547.04, 1547.08, 1547.09,
1547.111, 1547.12, 1547.13, 1547.131, 1547.14, 26
1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 27
1547.30, 1547.302, 1547.31, 1547.33, 1547.39,
1547.40, 1547.52, 1547.521, 1547.531, 1547.542, 28
1547.543, 1547.57, 1547.69, 1548.01, 1548.05, 29
1548.06, 1553.01, 1553.02, 1553.05, 2935.01, 30
2935.03, 3937.42, 4905.03, 5749.02, and 6111.42; 31
to amend, for the purpose of adopting new section 32
numbers as indicated in parentheses, sections 33
1518.20 (1533.86), 1518.21 (1533.87), 1518.22 34
2
(1533.88), 1518.23 (1533.881), 1518.24
(1533.882), 1518.25 (1533.89), 1518.26 35
(1533.891), and 1518.27 (1533.90); to enact new 36
section 1553.07 and sections 1501.013, 1531.202,
and 1531.34; and to repeal sections 1515.06, 37
1515.071, and 1553.07 of the Revised Code to
revise the statutes governing the Department of 39
Natural Resources and to maintain the provisions
of this act on and after January 1, 2000, by 40
amending the version of section 1547.31 of the 41
Revised Code that takes 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, 1533.74, 1533.82, 1533.99, 1541.03, 1541.10, 1547.01, 58
1547.03, 1547.04, 1547.08, 1547.09, 1547.111, 1547.12, 1547.13, 59
1547.131, 1547.14, 1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 60
1547.30, 1547.302, 1547.31, 1547.33, 1547.39, 1547.40, 1547.52,
1547.521, 1547.531, 1547.542, 1547.543, 1547.57, 1547.69, 61
1548.01, 1548.05, 1548.06, 1553.01, 1553.02, 1553.05, 2935.01, 62
2935.03, 3937.42, 4905.03, 5749.02, and 6111.42 be amended, 63
sections 1518.20 (1533.86), 1518.21 (1533.87), 1518.22 (1533.88), 64
1518.23 (1533.881), 1518.24 (1533.882), 1518.25 (1533.89), 65
3
1518.26 (1533.891), and 1518.27 (1533.90) be amended for the 66
purpose of adopting new section numbers as indicated in 67
parentheses, and new section 1553.07 and sections 1501.013, 68
1531.202, and 1531.34 of the Revised Code be enacted to read as 70
follows:
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
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and appointed and commissioned by the governor pursuant to 111
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
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under section 3345.04 of the Revised Code or a person serving as 156
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
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a certificate of approval to a peace officer training school 205
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
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basic training programs unless the employing court of the bailiff 244
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
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(f) A special police officer employed by the department of 293
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
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public safety designated under section 5502.14 of the Revised 333
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
10
1545.13 of the Revised Code, to any person serving on a permanent 369
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
11
commission attesting to the person's satisfactory completion of 406
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
12
director of the Ohio peace officer training commission, which 447
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
13
prospective employer or peace officer training school commander 486
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
14
January 1, 1997, pursuant to a negotiated plea agreement as 523
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
15
full-time active service as such a peace officer may receive an 564
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
16
shall successfully complete SUCCESSFULLY a firearms 610
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
17
provided in this section and section 109.803 of the Revised Code, 662
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
18
amount of money appropriated for reimbursement for any fiscal 700
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
19
Revised Code: 738
(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
20
public buildings is a statutory duty of the department. This 788
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
21
grant, all real estate required by a state agency, in the 826
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
22
the respective university's board of trustees pursuant to section 865
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
23
different kinds of material necessary to the construction; 908
(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
24
this state, the person has filed with the secretary of state a 949
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
25
state-owned property located at 408-450 East Town Street, 989
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
26
terminated. The lease shall contain such conditions and 1,031
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
27
registrar is assigned pursuant to division (B) of section 1,073
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
28
jurisdiction of the department of administrative services. 1,112
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.
29
(B) "Member" means any public employee, other than a 1,157
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
30
the service may be allowed by the public employees retirement 1,188
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
31
determined by using the number of days of service for which the 1,223
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
32
credit," as used in division (B) of section 145.45 of the Revised 1,255
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
33
guaranteed under this division (I) OF THIS SECTION. 1,294
(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
34
member's earnable salary for the partial year shall be 1,332
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
35
Revised Code.
(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
36
consisting of housing, laundry, and meals, as certified to the 1,406
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
37
accrued;
(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
38
(b) For each month for which the member's earnable salary 1,484
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
39
salary by reason of any constitutional provision prohibiting an
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
40
by the employer prior to coverage under this chapter, or under a 1,548
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
41
Revised Code and has received a certificate attesting to the 1,581
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
42
Code and is in compliance with section 109.77 of the Revised 1,627
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
43
person appointed by the clerk of courts of the Hamilton county 1,669
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
44
actuarial services to public retirement plans. 1,711
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
45
The allowance shall be adjusted by the factors of attained 1,764
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
46
total service credit, including credit for military service under 1,806
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
47
not exceed the limit established by section 415 of the "Internal 1,844
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
48
eligible to receive the reduced benefit, whichever is later. If 1,884
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
49
division (A) of this section if the member qualifies for an 1,924
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
50
drug agent as defined in section 109.79 of the Revised Code, 1,964
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
51
the accountancy board of Ohio, the state council of uniform state 2,014
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
52
The director may accept and expend gifts, devises, and 2,064
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
53
attorney general, may sell, lease, or exchange portions of lands 2,105
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
54
The director shall cooperate with the nature conservancy, 2,143
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
55
(B)(1) AS USED IN DIVISION (B) OF THIS SECTION, "FELONY" 2,190
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
56
FELONY WAS REVERSED ON APPEAL, OR THE FELONY CHARGE WAS 2,236
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
57
not be converted to other uses except pursuant to further 2,290
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
58
under this section shall be confidential and shall not be open to 2,338
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
59
DEPOSITED. A LESSEE MAKING A DEPOSIT OF CASH OR CERTIFICATES OF 2,384
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
60
covering the material pursuant to Chapter 3734. or 6111. of the 2,433
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
61
(1) The assessment of waste generation within the state 2,485
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
62
of the senate shall appoint one member of the senate to the 2,541
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
63
and consent of the senate, shall appoint a successor who shall 2,576
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
64
resources, establish criteria by which to certify, and certify, 2,618
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
65
contribution to the project by a cooperating enterprise that 2,661
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
66
applicant that is or is located in a county that has a per capita 2,697
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
67
the Revised Code is guilty of a minor misdemeanor. Each day of 2,742
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
68
compensation in accordance with such schedules as THAT are 2,791
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
69
than the amount of the bond. 2,842
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
70
securities into such other United States government securities, 2,880
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
71
forest fund.
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
72
subdivision of the state unless payment is made therefor in the 2,963
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
73
by the department, has the authority to enforce section 3767.32 3,011
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
74
designate a person as a forest officer pursuant to division 3,049
(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
75
(4) The suspension from employment, or the termination of 3,096
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
76
Scioto and Adams counties and within the Shawnee state forest and 3,153
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
77
(2) Granting of any easement or license, or sale or lease 3,193
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
78
fishing, or trapping that is done in conformity with Chapters 3,241
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
79
plan; and administer the state recreational vehicle fund created 3,287
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
80
aerial photography, and other resource data and information to 3,330
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
81
submit an accurate and complete annual report, on or before the 3,384
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
82
public meetings, to give the public the opportunity to make 3,443
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
83
between and among state agencies, political subdivisions of the 3,487
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
84
fish and wildlife habitats, minerals, natural areas, prime 3,526
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
85
part of the state's interest therein may be entered into with the 3,578
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
86
part of the territory is located. If a hearing is to be held, 3,615
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
87
contain, in addition to the provisions required in this section, 3,655
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
88
permit under this section does not prejudice any right the person 3,691
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
89
created. Notwithstanding any section of the Revised Code 3,737
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
90
(F) "Field" means the general area underlaid by one or 3,786
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.
91
(L) "Royalty interest" means the fee holder's interest 3,833
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
92
and any legal entity defined as a person under section 1.59 of 3,883
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
93
distance from any public building that may be used as a place of 3,930
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
94
(J) If the well is for the injection of a liquid, identity 3,983
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
95
manner prescribed by the chief, the names of all applicants for 4,023
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
96
chief would WILL provide timely notice of the application and 4,065
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
97
likely to result in immediate substantial damage to natural 4,107
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
98
insurance company to give notice COVERAGE to the chief of the 4,153
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
99
association insurance fund. The securities shall be security for 4,193
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.
100
The surety bond provided for in this section shall be 4,231
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
101
thereof OF PLUGGING AND ABANDONMENT. 4,279
(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
102
is located informing the landowner that the well is to be 4,328
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
103
for a project to restore, plug, or inject oil or gas production 4,366
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
104
specify the price for doing the work, including a credit for the 4,404
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.
105
(c) After receiving the chief's notice of the approval of 4,445
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.
106
(E) Expenditures from the fund for the purpose of division 4,486
(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
107
THIS CHAPTER AND RULES ADOPTED UNDER IT, INCLUDING, WITHOUT 4,533
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 4,571
oil that are not required by other state or federal law or 4,574
regulation, and remove all concrete bases, drilling supplies, and 4,575
drilling equipment. Within nine months after the date upon which 4,576
the surface drilling of a well is commenced, the owner or his THE 4,577
OWNER'S agent shall grade or terrace and plant, seed, or sod the 4,579
area disturbed that is not required in production of the well, 4,580
where necessary to bind the soil and prevent substantial erosion 4,581
and sedimentation. If the chief of the division of oil and gas 4,582
finds that a pit used for containing brine, other waste 4,583
substances, or oil is in violation of section 1509.22 of the 4,584
Revised Code or rules adopted or orders issued thereunder UNDER 4,585
IT, the chief may require the pit to be emptied and closed before 4,587
108
expiration of the five-month restoration period.
(B) Within six months after a well that has produced oil 4,589
or gas is plugged, or after the plugging of a dry hole, the owner 4,590
or his THE OWNER'S agent shall remove all production and storage 4,591
structures, supplies, and equipment, and any oil, salt water, and 4,593
debris, and fill any remaining excavations. Within such THAT 4,594
period the owner or his THE OWNER'S agent shall grade or terrace 4,596
and plant, seed, or sod the area disturbed, where necessary to 4,598
bind the soil and prevent substantial erosion and sedimentation. 4,599
The owner shall be released from responsibility to perform 4,601
any or all restoration requirements of this section on any part 4,602
or all of the area disturbed, upon the filing of a request for a 4,603
waiver with and obtaining the written approval of the chief, 4,604
which request shall be signed by the surface owner to certify the 4,605
approval of the surface owner of the release sought. The chief 4,606
shall approve such THE request unless he THE CHIEF finds upon 4,608
inspection that the waiver would be likely to result in 4,610
substantial damage to adjoining property, substantial 4,611
contamination of surface or underground water, or substantial 4,612
erosion or sedimentation.
The chief may, by order, MAY shorten the time periods 4,614
provided for under division (A) or (B) of this section if failure 4,615
to shorten the periods would be likely to result in damage to 4,616
public health or the waters or natural resources of the state. 4,617
The chief may, upon written application by an owner or his 4,619
AN OWNER'S agent showing reasonable cause, MAY extend the period 4,620
within which restoration shall be completed under divisions (A) 4,622
and (B) of this section, but not to exceed a further six-month 4,623
period, except under extraordinarily adverse weather conditions 4,624
or when essential equipment, fuel, or labor is unavailable to the 4,625
owner or his THE OWNER'S agent. 4,626
If the chief refuses to approve a request for waiver or 4,628
extension, he THE CHIEF shall do so by order. 4,629
Sec. 1509.13. No person shall plug and abandon a well 4,638
109
without having a permit to do so issued by the chief of the 4,639
division of oil and gas. The permit shall be issued by the chief 4,640
in accordance with this chapter, and the chief may by rule 4,641
establish BY RULE a period of time from date of issue during 4,642
which permits will be valid. Application by the owner for a 4,643
permit to plug and abandon shall be filed as many days in advance 4,644
as will be necessary for an oil and gas well inspector or, if the 4,645
well is located in a coal bearing township, the gas storage well 4,646
inspector or a deputy mine inspector to be present at the 4,647
plugging. The application shall be filed with the chief of the 4,648
division of oil and gas upon such A form as THAT the chief 4,650
prescribes and shall contain the following information: 4,651
(A) The name and address of the owner; 4,653
(B) The signature of the owner or his THE OWNER'S 4,655
authorized agent. When an authorized agent signs an application, 4,657
it shall be accompanied by a certified copy of his THE 4,658
appointment as such THAT agent. 4,659
(C) The location of the well identified by section or lot 4,661
number, city, village, township, and county; 4,662
(D) Designation of well by name and number; 4,664
(E) The total depth of the well to be plugged; 4,666
(F) The date and amount of last production from the well; 4,668
(G) Such other OTHER data as THAT the chief may require. 4,671
If oil or gas has been produced from the well, the 4,673
application shall be accompanied by a fee of fifty dollars. If a 4,674
new dry well has been drilled in accordance with law and the 4,675
permit is still valid, the permit holder may receive approval to 4,676
plug the well from an oil and gas well inspector or, if the well 4,677
is located in a coal bearing township, the gas storage well 4,678
inspector or a deputy mine inspector so that the well can be 4,679
plugged and abandoned without undue delay. No well located 4,680
outside a coal bearing township shall be plugged and abandoned 4,681
without an oil and gas well inspector present unless permission 4,682
has been granted by the chief of the division of oil and gas, and 4,683
110
no well located within a coal bearing township shall be plugged 4,684
and abandoned without the gas storage well inspector or a deputy 4,685
mine inspector present unless permission has been granted by the 4,686
chief of the division of mines and reclamation. The owner of the 4,688
well shall give written notice at the same time to the owner of 4,689
the land upon which the well is located, the owners or agents of 4,690
adjoining land, adjoining well owners or agents, and, if the well 4,691
penetrates or passes within one hundred feet of the excavations 4,692
and workings of a mine, the owner or lessee of that mine, of his 4,693
THE WELL OWNER'S intention to abandon the well and of the time 4,694
when he THE WELL OWNER will be prepared to commence plugging it. 4,695
An applicant may file a request with the chief of the 4,697
division of oil and gas for expedited review of an application 4,698
for a permit to plug and abandon a well. The chief shall MAY 4,699
refuse to accept a request for expedited review after three such 4,701
requests have been filed in a week, and shall not accept more 4,702
than one request from the same applicant in any week IF, IN THE 4,703
CHIEF'S JUDGMENT, ACCEPTANCE OF THE REQUEST WILL PREVENT THE 4,704
ISSUANCE, WITHIN TWENTY-ONE DAYS OF FILING, OF PERMITS FOR WHICH 4,705
APPLICATIONS FILED UNDER SECTION 1509.06 OF THE REVISED CODE ARE 4,706
PENDING. In addition to a complete application for a permit that 4,707
meets the requirements of this section and the permit fee 4,708
prescribed by this section, if applicable, a request shall be 4,709
accompanied by a nonrefundable filing fee of two hundred fifty 4,710
dollars unless the chief has ordered the applicant to plug and 4,711
abandon the well. When a request for expedited review is filed, 4,712
the chief shall immediately begin to process the application and 4,713
shall issue a permit within seven days of the filing of the 4,714
request unless he THE CHIEF, by order, denies the application. 4,716
Upon filing of an application for a permit to plug and 4,718
abandon a well that is located in a coal bearing township, the 4,719
chief shall cause the chief of the division of mines and 4,720
reclamation to be notified of the filing of the permit 4,721
application by telephone or such other means as THAT in the 4,722
111
judgment of the chief would provide timely notice of the 4,724
application.
This section does not apply to a well plugged or abandoned 4,726
in compliance with section 1571.05 of the Revised Code. 4,728
Sec. 1509.14. Any person who abandons a well, when written 4,737
permission has been granted by the chief of the division of oil 4,738
and gas or the chief of the division of mines and reclamation to 4,740
abandon and plug such THE well without an inspector being present 4,741
to supervise the plugging, shall make a written report of such 4,743
THE abandonment to the chief who OF THE DIVISION OF OIL AND GAS 4,744
REGARDLESS OF WHICH CHIEF granted such permission FOR THE 4,745
ABANDONMENT. The report SHALL BE SUBMITTED TO THE CHIEF OF THE 4,747
DIVISION OF OIL AND GAS NOT LATER THAN THIRTY DAYS AFTER THE DATE 4,748
OF ABANDONMENT AND shall include ALL OF the following: 4,750
(A) The date of abandonment; 4,752
(B) The name of the owner or operator of such THE well at 4,754
the time of abandonment and his THE post-office address OF THE 4,755
OWNER OR OPERATOR; 4,757
(C) The location of such THE well as to township and 4,759
county and the name of the owner of the surface upon which such 4,760
THE well is drilled, with the address thereof; 4,762
(D) The date of the permit to drill; 4,764
(E) The date when drilled; 4,766
(F) Whether such well has been mapped; 4,768
(G) The depth of the well; 4,770
(H)(G) The depth of the top of the formation to which the 4,772
well was drilled; 4,773
(I)(H) The depth of each seam of coal drilled through; 4,775
(J)(I) A detailed report as to how such THE well was 4,778
plugged, giving in particular the manner in which the coal and 4,779
various formations were plugged, and the date of the plugging of 4,780
such THE well, including therein the names of those who witnessed 4,782
the plugging of the well. 4,783
Such THE report shall be signed by the owner or operator, 4,785
112
OR THE agent thereof OF THE OWNER OR OPERATOR, who abandons and 4,787
plugs such THE well and verified by the oath of the party so 4,789
signing. For the purposes of this section, the oil and gas well 4,790
inspectors, gas storage well inspectors, or deputy mine 4,791
inspectors may take acknowledgments and administer oaths to the 4,792
parties signing such THE report.
Sec. 1509.22. (A) Except when acting in accordance with 4,801
section 1509.226 of the Revised Code, no person shall place or 4,802
cause to be placed brine in surface or ground water or in or on 4,803
the land in such quantities or in such manner as actually causes 4,804
or could reasonably be anticipated to cause EITHER OF THE 4,805
FOLLOWING:
(1) Water used for consumption by humans or domestic 4,807
animals to exceed the standards of the "Safe Drinking Water Act"; 4,809
or 4,810
(2) Damage or injury to public health or safety or the 4,812
environment. 4,813
(B) No person shall store or dispose of brine in violation 4,815
of a plan approved under division (I) of section 1509.06 of the 4,816
Revised Code, division (A) of section 1509.222 of the Revised 4,817
Code, or section 1509.226 of the Revised Code, in violation of a 4,818
resolution submitted under section 1509.226 of the Revised Code, 4,819
or in violation of rules or orders applicable to such THOSE plans 4,821
or resolutions. 4,822
(C) The chief of the division of oil and gas shall adopt 4,824
rules and issue orders regarding storage and disposal of brine 4,825
and other waste substances; however, the storage and disposal of 4,826
brine and the chief's rules relating thereto TO STORAGE AND 4,827
DISPOSAL are subject to ALL OF the following standards: 4,828
(1) Brine from any well except an exempt Mississippian 4,830
well shall only be disposed of ONLY by injection into an 4,831
underground formation, including annular disposal if approved by 4,833
rule of the chief, which injection shall be subject to division 4,834
(D) of this section; by surface application in accordance with 4,835
113
section 1509.226 of the Revised Code; in association with a 4,836
method of enhanced recovery as provided in section 1509.21 of the 4,837
Revised Code; or by other methods approved by the chief for 4,838
testing or implementing a new technology or method of disposal. 4,839
Brine from exempt Mississippian wells shall not be discharged 4,840
directly into the waters of the state. 4,841
(2) Muds, cuttings, and other waste substances shall not 4,843
be disposed of in violation of any rule; 4,844
(3) Pits may be used for containing brine and other waste 4,846
substances resulting FROM, obtained FROM, or produced in 4,847
connection with drilling, fracturing, reworking, reconditioning, 4,849
plugging back, or plugging operations, but such THE pits shall be 4,850
constructed and maintained to prevent the escape of brine and 4,852
such OTHER WASTE substances. A dike or pit may be used for spill 4,854
prevention and control. A dike or pit so used shall be 4,855
constructed and maintained to prevent the escape of brine, and 4,856
the reservoir within such a dike or pit shall be kept reasonably 4,857
free of brine and other waste substances. 4,858
(4) Earthen impoundments constructed pursuant to the 4,860
division's specifications may be used for the temporary storage 4,861
of brine and other waste substances in association with a 4,862
saltwater injection well, an enhanced recovery project, or a 4,863
solution mining project; 4,864
(5) No pit, earthen impoundment, or dike shall be used for 4,866
the temporary storage of brine except in accordance with 4,867
divisions (C)(3) and (4) of this section; and 4,868
(6) No pit or dike shall be used for the ultimate disposal 4,870
of brine. 4,871
(D) No person shall, without first having obtained a 4,873
permit from the chief, SHALL inject brine or other waste 4,874
substances resulting FROM, obtained FROM, or produced in 4,875
connection with oil or gas drilling, exploration, or production 4,878
into an underground formation, unless a rule of the chief 4,879
expressly authorizes the injection without a permit. The permit 4,880
114
shall be in addition to any permit required by section 1509.05 of 4,881
the Revised Code, and the permit application shall be accompanied 4,882
by a permit fee of one hundred dollars. The chief shall adopt 4,883
rules in accordance with Chapter 119. of the Revised Code 4,884
regarding the injection into wells of brine and other waste 4,885
substances resulting FROM, obtained FROM, or produced in 4,886
connection with oil or gas drilling, exploration, or production. 4,887
The rules shall include provisions regarding applications for and 4,888
issuance of the permits required by this division; entry to 4,889
conduct inspections and to examine and copy records to ascertain 4,890
compliance with this division and rules, orders, and terms and 4,891
conditions of permits ADOPTED OR issued thereunder UNDER IT; the 4,892
provision and maintenance of information through monitoring, 4,894
recordkeeping, and reporting; and other provisions in furtherance 4,895
of the goals of this section and the "Safe Drinking Water Act." 4,896
To implement the goals of the "Safe Drinking Water Act," 88 Stat. 4,897
1661, 42 U.S.C.A. 300(f), as amended, the chief shall not issue a 4,898
permit for the injection of brine or other waste substances 4,899
resulting FROM, obtained FROM, or produced in connection with oil 4,901
or gas drilling, exploration, or production, unless the chief 4,902
concludes that the applicant has demonstrated that the injection 4,903
will not result in the presence of any contaminant in ground 4,904
water that supplies or can reasonably be expected to supply any 4,905
public water system, such that the presence of the contaminant 4,906
may result in the system's not complying with any national 4,907
primary drinking water regulation or may otherwise adversely 4,908
affect the health of persons. This division and rules, orders, 4,909
and terms and conditions of permits ADOPTED OR issued thereunder 4,910
UNDER IT shall be construed to be no more stringent than required 4,911
for compliance with the Safe Drinking Water Act, unless essential 4,912
to ensure that underground sources of drinking water will not be 4,913
endangered. 4,914
(E) The owner holding a permit, or an assignee or 4,916
transferee who has assumed the obligations and liabilities 4,917
115
imposed by Chapter 1509. of the Revised Code THIS CHAPTER and any 4,919
rules ADOPTED or orders issued thereunder UNDER IT pursuant to 4,920
section 1509.31 of the Revised Code, and the operator of a well 4,921
shall be liable for a violation of this section or any rules 4,922
adopted or orders or terms or conditions of a permit issued under 4,923
this section IT.
(F) An owner shall replace the water supply of the holder 4,925
of an interest in real property who obtains all or part of his 4,926
THE HOLDER'S supply OF water for domestic, agricultural, 4,927
industrial, or other legitimate use from an underground or 4,929
surface source where the supply has been substantially disrupted 4,930
by contamination, diminution, or interruption proximately 4,931
resulting from the owner's oil or gas operation, or the owner may 4,932
elect to compensate the holder of the interest in real property 4,933
for the difference between the fair market value of the interest 4,934
before the damage occurred to the water supply and the fair 4,935
market value after the damage occurred, if the cost of replacing 4,936
the water supply exceeds this difference in fair market values. 4,937
However, during the pendency of any order issued under this 4,938
division, the owner shall obtain for the holder or shall 4,939
reimburse the holder for the reasonable cost of obtaining a water 4,940
supply from the time of the contamination, diminution, or 4,941
interruption by the operation until the owner has complied with 4,942
an order of the chief for compliance with this division or such 4,943
AN order has been revoked or otherwise becomes not effective. If 4,944
the owner elects to pay the difference in fair market values, but 4,945
the owner and the holder have not agreed on the difference within 4,946
thirty days after the chief issues an order for compliance with 4,947
this division, then within ten days after the expiration of this 4,948
THAT thirty-day period, the owner and the chief shall each SHALL 4,950
appoint an appraiser to determine the difference in fair market 4,951
values, except that the holder of the interest in real property 4,952
may elect to appoint and compensate his THE HOLDER'S own 4,953
appraiser, in which case the chief shall not appoint an 4,955
116
appraiser. The two appraisers appointed shall appoint a third 4,956
appraiser, and within thirty days after the appointment of the 4,957
third appraiser, the three appraisers shall hold a hearing to 4,958
determine the difference in fair market values. Within ten days 4,959
after the hearing, the appraisers shall make their determination 4,960
by majority vote and issue their final determination of the 4,961
difference in fair market values. The chief shall accept a 4,962
determination of the difference in fair market values made by 4,963
agreement of the owner and holder or by appraisers under this 4,964
division and shall make and dissolve orders accordingly. This 4,965
division does not affect in any way the right of any person to 4,966
enforce or protect, under applicable law, his THE PERSON'S 4,967
interest in water resources affected by an oil or gas operation.
(G) In any action brought by the state for a violation of 4,969
division (A) of this section involving any well at which annular 4,970
disposal is used, there shall be a rebuttable presumption 4,971
available to the state that the annular disposal caused the 4,972
violation if the well is located within a one-quarter mile radius 4,973
of the site of the violation. 4,974
Sec. 1509.222. (A)(1) Except as provided in section 4,983
1509.226 of the Revised Code, no person shall transport brine by 4,984
vehicle in this state unless the business entity that employs the 4,985
person first registers with and obtains a registration 4,986
certificate and identification number from the chief of the 4,987
division of oil and gas. 4,988
(2) No more than one registration certificate shall be 4,990
required of any business entity. Registration certificates 4,991
issued under this section are not transferrable TRANSFERABLE. An 4,992
applicant shall file an application with the chief, containing 4,994
such information in such form as the chief prescribes, but 4,995
including a plan for disposal that provides for compliance with 4,996
the requirements of this chapter and rules of the chief 4,997
pertaining to the transportation of brine by vehicle and the 4,998
disposal of brine so transported and that lists all disposal 4,999
117
sites that the applicant intends to use, the bond required by 5,000
section 1509.225 of the Revised Code, and a certificate issued by 5,001
an insurance company authorized to do business in this state 5,002
certifying that the applicant has in force a liability insurance 5,003
policy in an amount not less than three hundred thousand dollars 5,004
bodily injury coverage and three hundred thousand dollars 5,005
property damage coverage to pay damages for injury to persons or 5,006
property caused by the collecting, handling, transportation, or 5,007
disposal of brine. The policy shall be maintained in effect 5,008
during the term of the registration certificate. The policy or 5,009
policies providing such THE coverage shall require the insurance 5,010
company to give notice to the chief if the policy or policies 5,012
lapse for any reason. Upon such termination of the policy, the 5,013
chief may suspend the registration certificate until proper 5,014
insurance coverage is obtained. Each application for a 5,015
registration certificate shall be accompanied by a nonrefundable 5,016
fee of five hundred dollars. 5,017
(B) The chief shall issue an order denying an application 5,019
for a registration certificate if the chief finds that EITHER OF 5,020
THE FOLLOWING APPLIES: 5,021
(1) The applicant, at the time of applying for the 5,023
registration certificate, has been found liable by a final 5,024
nonappealable order of a court of competent jurisdiction for 5,025
damage to streets, roads, highways, bridges, culverts, or 5,026
drainways pursuant to section 4513.34 or 5577.12 of the Revised 5,027
Code until the applicant provides the chief with evidence of 5,028
compliance with the order; 5,029
(2) The applicant's plan for disposal does not provide for 5,031
compliance with the requirements of this chapter and rules of the 5,032
chief pertaining to the transportation of brine by vehicle and 5,033
the disposal of brine so transported. 5,034
(C) No applicant shall attempt to circumvent division (B) 5,036
of this section by applying for a registration certificate under 5,037
a different name or business organization name, by transferring 5,038
118
responsibility to another person or entity, or by any similar 5,039
act. 5,040
(D) A registered transporter shall apply to revise a 5,042
disposal plan under procedures that the chief shall prescribe by 5,043
rule. However, at a minimum, an application for a revision shall 5,044
list all sources and disposal sites of brine currently 5,045
transported. If the chief approves a revision of a plan under 5,046
this division, the approval also constitutes approval of a 5,047
revision of affected disposal plans required by division (I) of 5,048
section 1509.06 of the Revised Code, except as the chief 5,049
otherwise specifically provides in the order approving the 5,050
revision. The chief shall deny any application for a revision of 5,051
a plan under this division if the chief finds that the proposed 5,052
revised plan does not provide for compliance with the 5,053
requirements of this chapter and rules of the chief pertaining to 5,054
the transportation of brine by vehicle and the disposal of brine 5,055
so transported. Approvals and denials of revisions shall be by 5,056
order of the chief. 5,057
(E) The chief may adopt rules, issue orders, and attach 5,059
terms and conditions to registration certificates as may be 5,060
necessary to administer, implement, and enforce sections 1509.222 5,061
to 1509.226 of the Revised Code for protection of public health 5,062
or safety or conservation of natural resources. 5,063
Sec. 1509.31. Whenever the entire interest of an oil and 5,072
gas lease is assigned or otherwise transferred, the assignor or 5,073
transferor shall notify the holders of the royalty interests, 5,074
and, if a well or wells exist on the lease, the division of oil 5,075
and gas, of the name and address of the assignee or transferee by 5,076
certified mail, return receipt requested, not later than thirty 5,077
days after the date of the assignment or transfer. When notice 5,078
of any such assignment or transfer is required to be provided to 5,079
the division, it shall be provided on a form prescribed and 5,080
provided by the division and verified by both the assignor or 5,081
transferor and by the assignee or transferee. The notice form 5,082
119
applicable to assignments or transfers of a well to the owner of 5,083
the surface estate of the tract on which the well is located 5,084
shall contain a statement informing the landowner that the well 5,085
may require periodic servicing to maintain its productivity; 5,086
that, upon assignment or transfer of the well to him THE 5,087
LANDOWNER, the landowner becomes responsible for compliance with 5,088
the requirements of this chapter and rules adopted under it, 5,089
including, without limitation, the proper disposal of brine 5,090
obtained from the well, the plugging of the well when it becomes 5,091
incapable of producing oil or gas, and the restoration of the 5,092
well site; and that, upon assignment or transfer of the well to 5,093
him THE LANDOWNER, the landowner becomes responsible for the 5,094
costs of compliance with the requirements of this chapter and 5,095
rules adopted under it and the costs for operating and servicing 5,096
the well. 5,097
The owner holding a permit under section 1509.05 of the 5,099
Revised Code is responsible for all obligations and liabilities 5,100
imposed by this chapter and any rules, orders, and terms and 5,101
conditions of a permit ADOPTED OR issued thereunder UNDER IT, and 5,103
no assignment or transfer by the owner relieves the owner of the 5,104
obligations and liabilities until and unless the assignee or 5,105
transferee files with the division of oil and gas the information 5,106
described in divisions (A), (B), (C), (D), (E), (H)(I), (J), (K), 5,107
AND (L), (M), and (N) of section 1509.06 of the Revised Code; 5,108
files or has filed the certificate of OBTAINS LIABILITY insurance 5,111
COVERAGE required by section 1509.07 of the Revised Code, except 5,113
when none is required by that section; and executes and files a 5,114
surety bond, negotiable certificates of deposit OR IRREVOCABLE 5,115
LETTERS OF CREDIT, or cash, as described in THAT section 1509.07 5,116
of the Revised Code. Instead of a bond, but only upon acceptance 5,117
by the chief, the assignee or transferee may file proof of 5,118
financial responsibility, described in section 1509.07 of the 5,119
Revised Code. Section 1509.071 of the Revised Code applies to the 5,120
surety bond, cash, and negotiable certificates of deposit AND 5,121
120
IRREVOCABLE LETTERS OF CREDIT described in this section. Unless 5,123
the chief approves a modification, each assignee or transferee 5,124
shall operate in accordance with the plans and information filed 5,125
by the permit holder pursuant to section 1509.06 of the Revised 5,126
Code.
Sec. 1511.02. The chief of the division of soil and water 5,137
conservation, subject to the approval of the director of natural 5,138
resources, shall do all of the following: 5,139
(A) Provide administrative leadership to local soil and 5,141
water conservation districts in planning, budgeting, staffing, 5,142
and administering district programs and the training of district 5,143
supervisors and personnel in their duties, responsibilities, and 5,144
authorities as prescribed in this chapter and Chapter 1515. of 5,145
the Revised Code; 5,146
(B) Administer this chapter and Chapter 1515. of the 5,148
Revised Code pertaining to state responsibilities and provide 5,149
staff assistance to the Ohio soil and water conservation 5,150
commission in exercising its statutory responsibilities; 5,151
(C) Assist in expediting state responsibilities for 5,153
watershed development and other natural resource conservation 5,154
works of improvement; 5,155
(D) Coordinate the development and implementation of 5,157
cooperative programs and working agreements between local soil 5,158
and water conservation districts and divisions or sections of the 5,159
department of natural resources, or other agencies of local, 5,160
state, and federal government; 5,161
(E) Subject to the approval of the Ohio soil and water 5,163
conservation commission, adopt, amend, or rescind rules pursuant 5,164
to Chapter 119. of the Revised Code. Rules adopted pursuant to 5,165
this section: 5,166
(1) Shall establish technically feasible and economically 5,168
reasonable standards to achieve a level of management and 5,169
conservation practices in farming or silvicultural operations 5,170
that will abate wind or water erosion of the soil or abate the 5,171
121
degradation of the waters of the state by animal waste or by soil 5,172
sediment including substances attached thereto, and establish 5,173
criteria for determination of the acceptability of such 5,174
management and conservation practices; 5,175
(2) Shall establish technically feasible and economically 5,177
reasonable standards to achieve a level of management and 5,178
conservation practices that will abate wind or water erosion of 5,179
the soil or abate the degradation of the waters of the state by 5,180
soil sediment in conjunction with land grading, excavating, 5,181
filling, or other soil-disturbing activities on land used or 5,182
being developed for nonfarm commercial, industrial, residential, 5,183
or other nonfarm purposes, and establish criteria for 5,184
determination of the acceptability of such management and 5,185
conservation practices. The standards shall be designed to 5,186
implement applicable areawide waste treatment management plans 5,187
prepared under section 208 of the "Federal Water Pollution 5,188
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1288, as amended. 5,189
The standards and criteria shall not apply in any municipal 5,190
corporation or county that adopts ordinances or rules pertaining 5,191
to sediment control, nor to lands being used in a strip mine 5,192
operation as defined in section 1513.01 of the Revised Code, nor 5,193
to lands being used in a surface mining operation as defined in 5,194
section 1514.01 of the Revised Code. 5,195
(3) May recommend criteria and procedures for the approval 5,197
of urban sediment pollution abatement plans and issuance of 5,198
permits prior to any grading, excavating, filling, or other whole 5,199
or partial disturbance of five or more contiguous acres of land 5,200
owned by one person or operated as one development unit and 5,201
require implementation of such a plan. Areas of less than five 5,202
contiguous acres are not exempt from compliance with other 5,203
provisions of this chapter and rules adopted under them. 5,204
(4) Shall establish procedures for administration of rules 5,206
for agricultural pollution abatement and urban sediment pollution 5,207
abatement and for enforcement of rules for agricultural pollution 5,208
122
abatement; 5,209
(5) Shall specify the pollution abatement practices 5,211
eligible for state cost sharing and determine the conditions for 5,212
eligibility, the construction standards and specifications, the 5,213
useful life, the maintenance requirements, and the limits of cost 5,214
sharing for those practices. Eligible practices shall be limited 5,215
to practices that address agricultural or silvicultural 5,216
operations and that require expenditures that are likely to 5,217
exceed the economic returns to the owner or operator and that 5,218
abate soil erosion or degradation of the waters of the state by 5,219
animal waste or soil sediment including pollutants attached 5,220
thereto. 5,221
(6) Until June 1, 1996, shall specify the multiflora rose 5,223
control practices eligible for state cost sharing, the conditions 5,224
of eligibility for state cost sharing, the limits of cost sharing 5,225
for those practices, specifications for carrying out those 5,226
practices to ensure effective control of the multiflora rose and 5,227
to safeguard the health and safety of human beings and domestic 5,228
animals and the environment, and the contract provisions to be 5,229
included in cost-sharing agreements with landowners; 5,230
(7) Until June 1, 1996, shall establish procedures for 5,232
administering grants to soil and water conservation districts for 5,233
control of multiflora rose; 5,234
(8) Shall establish procedures for administering grants to 5,236
owners or operators of agricultural land or concentrated animal 5,237
feeding operations for the implementation of operation and 5,238
management plans; 5,239
(9) Shall establish procedures for administering grants to 5,241
soil and water conservation districts for urban sediment 5,242
pollution abatement programs, specify the types of projects 5,243
eligible for grants, establish limits on the availability of 5,244
grants, and establish requirements governing the execution of 5,245
projects to encourage the reduction of erosion and sedimentation 5,246
associated with soil-disturbing activities; 5,247
123
(10) Shall do all of the following with regard to 5,249
composting conducted in conjunction with agricultural operations: 5,250
(a) Provide for the distribution of educational material 5,252
concerning composting to the offices of the Ohio cooperative 5,253
extension service for the purposes of section 1511.022 of the 5,254
Revised Code; 5,255
(b) Establish methods, techniques, or practices for 5,257
composting dead animals, or particular types of dead animals, 5,258
that are to be used at such operations, as the chief considers to 5,259
be necessary or appropriate; 5,260
(c) Establish requirements and procedures governing the 5,262
review and approval or disapproval of composting plans by the 5,263
supervisors of soil and water conservation districts under 5,264
division (T)(U) of section 1515.08 of the Revised Code. 5,265
(11) Shall be adopted, amended, or rescinded after the 5,267
chief does all of the following: 5,268
(a) Mails notice to each statewide organization that he 5,270
THE CHIEF determines represents persons or local governmental 5,271
agencies who would be affected by the proposed rule, amendment 5,272
thereto, or rescission thereof at least thirty-five days before 5,273
any public hearing thereon; 5,274
(b) Mails a copy of each proposed rule, amendment thereto, 5,276
or rescission thereof to any person who requests a copy, within 5,277
five days after receipt of the request; 5,278
(c) Consults with appropriate state and local governmental 5,280
agencies or their representatives, including statewide 5,281
organizations of local governmental officials, industrial 5,282
representatives, and other interested persons; 5,283
(d) If the rule relates to agricultural pollution 5,285
abatement, develops an economic impact statement concerning the 5,286
effect of the proposed rule or amendment. 5,287
(12) Shall not conflict with air or water quality 5,289
standards adopted pursuant to section 3704.03 or 6111.041 of the 5,290
Revised Code. Compliance with rules adopted pursuant to this 5,291
124
section shall DOES not affect liability for noncompliance with 5,292
air or water quality standards adopted pursuant to section 5,294
3704.03 or 6111.041 of the Revised Code. The application of a 5,295
level of management and conservation practices recommended under 5,296
this section to control windblown soil from farming operations 5,297
shall create CREATES a presumption of compliance with section 5,298
3704.03 of the Revised Code as that section applies to windblown 5,300
soil.
(13) Insofar as the rules relate to urban sediment 5,302
pollution, shall not be applicable in a municipal corporation or 5,303
county that adopts ordinances or rules for urban sediment 5,304
control, except that a municipal corporation or county that 5,305
adopts such ordinances or rules may receive moneys for urban 5,306
sediment control that are disbursed by the board of supervisors 5,307
of the applicable soil and water conservation district under 5,308
division (R) of section 1515.08 of the Revised Code. The rules 5,309
shall not exempt any person from compliance with municipal 5,310
ordinances enacted pursuant to Section 3 of Article XVIII, Ohio 5,311
Constitution. 5,312
(F) Cost share with landowners on practices established 5,314
pursuant to division (E)(5) of this section as moneys are 5,315
appropriated and available for that purpose. Any practice for 5,316
which cost share is provided shall be maintained for its useful 5,317
life. Failure to maintain a cost share practice for its useful 5,318
life shall subject the landowner to full repayment to the 5,319
division. 5,320
(G) Issue orders requiring compliance with any rule 5,322
adopted under division (E)(1) of this section or with section 5,323
1511.022 of the Revised Code. Before the chief issues an order, 5,324
he THE CHIEF shall afford each person allegedly liable an 5,325
adjudication hearing under Chapter 119. of the Revised Code. The 5,326
chief may require in an order that a person who has caused 5,327
agricultural pollution by failure to comply with the standards 5,328
established under division (E)(1) of this section operate under 5,329
125
an operation and management plan approved by the chief under this 5,330
section. The chief shall require in an order that a person who 5,331
has failed to comply with division (A) of section 1511.022 of the 5,332
Revised Code prepare a composting plan in accordance with rules 5,333
adopted under division (E)(10)(c) of this section and operate in 5,334
accordance with that plan or that a person who has failed to 5,335
operate in accordance with such a plan begin to operate in 5,336
accordance with it. Each order shall be issued in writing and 5,337
contain a finding by the chief of the facts upon which the order 5,338
is based and the standard that is not being met. 5,339
(H) Refrain from issuing any order requiring a pollution 5,341
abatement practice that is eligible for cost sharing under 5,342
division (E)(5) of this section unless public funds are available 5,343
for cost sharing on those practices at not less than seventy-five 5,344
per cent of the cost, but not more than fifteen thousand dollars 5,345
per person per year for practices for abating agricultural 5,346
pollution. The fifteen thousand dollar per person per year limit 5,347
may be waived by majority vote of the Ohio soil and water 5,348
conservation commission. 5,349
(I) Employ field assistants and such other employees as 5,351
are necessary for the performance of the work prescribed by 5,352
Chapter 1515. of the Revised Code, for performance of work of the 5,353
division, and as agreed to under working agreements or 5,354
contractual arrangements with local soil and water conservation 5,355
districts, prescribe their duties, and fix their compensation in 5,356
accordance with such schedules as are provided by law for the 5,357
compensation of state employees. 5,358
All employees of the division, unless specifically exempted 5,360
by law, shall be employed subject to the classified civil service 5,361
laws in force at the time of employment. 5,362
(J) In connection with new or relocated projects involving 5,364
highways, underground cables, pipelines, railroads, and other 5,365
improvements affecting soil and water resources, including 5,366
surface and subsurface drainage: 5,367
126
(1) Provide engineering service as is mutually agreeable 5,369
to the Ohio soil and water conservation commission and the 5,370
director to aid in the design and installation of soil and water 5,371
conservation practices as a necessary component of such projects; 5,372
(2) Maintain close liaison between the owners of lands on 5,374
which the projects are executed, local soil and water 5,375
conservation districts, and authorities responsible for such 5,376
projects; 5,377
(3) Review plans for such projects to ensure their 5,379
compliance with standards developed under division (E) of this 5,380
section in cooperation with the department of transportation or 5,381
with any other interested agency that is engaged in soil or water 5,382
conservation projects in the state in order to minimize adverse 5,383
impacts on soil and water resources adjacent to or otherwise 5,384
affected by these projects; 5,385
(4) Recommend measures to retard erosion and protect soil 5,387
and water resources through the installation of water impoundment 5,388
or other soil and water conservation practices; 5,389
(5) Cooperate with other agencies and subdivisions of the 5,391
state to protect the agricultural status of rural lands adjacent 5,392
to such projects and control adverse impacts on soil and water 5,393
resources. 5,394
(K) Collect, analyze, inventory, and interpret all 5,396
available information pertaining to the origin, distribution, 5,397
extent, use, and conservation of the soil resources of the state; 5,398
(L) Prepare and maintain up-to-date reports, maps, and 5,400
other materials pertaining to the soil resources of the state and 5,401
their use and make that information available to governmental 5,402
agencies, public officials, conservation entities, and the 5,403
public; 5,404
(M) Provide soil and water conservation districts with 5,406
technical assistance including on-site soil investigations and 5,407
soil interpretation reports on the suitability or limitations of 5,408
soil to support a particular use or to plan soil conservation 5,409
127
measures. The assistance shall be upon such terms as are 5,410
mutually agreeable to the districts and the department of natural 5,411
resources. 5,412
(N) Assist local government officials in utilizing land 5,414
use planning and zoning, current agricultural use value 5,415
assessment, development reviews, and land management activities; 5,416
(O) 5,418
(P) 5,420
(Q) 5,422
(R) 5,424
(S) 5,426
(P)(O) When necessary for the purposes of this chapter or 5,428
Chapter 1515. of the Revised Code, develop or approve operation 5,429
and management plans. 5,430
This section does not restrict the excrement of domestic or 5,432
farm animals defecated on land outside a concentrated animal 5,433
feeding operation or runoff therefrom into the waters of the 5,434
state. 5,435
Sec. 1511.022. (A) Any person who owns or operates an 5,444
agricultural operation, or owns the animals raised by the owner 5,445
or operator of an agricultural operation, and who wishes to 5,446
conduct composting of dead animals resulting from the 5,447
agricultural operation shall do both of the following: 5,448
(1) Participate in an educational course concerning 5,450
composting conducted by the Ohio cooperative extension service 5,451
and obtain a certificate of completion for the course; 5,452
(2) Use the appropriate method, technique, or practice of 5,454
composting established in rules adopted under division (E)(10) of 5,455
section 1511.02 of the Revised Code. 5,456
(B) Any person who fails to comply with division (A) of 5,458
this section shall prepare and operate under a composting plan in 5,459
accordance with an order issued by the chief of the division of 5,460
soil and water conservation under division (H) of section 1511.02 5,461
of the Revised Code. If the person's proposed composting plan is 5,462
128
disapproved by the board of supervisors of the appropriate soil 5,463
and water conservation district under division (T)(U)(3) of 5,464
section 1515.08 of the Revised Code, the person may appeal the 5,466
plan disapproval to the chief, who shall afford the person a 5,467
hearing. Following the hearing, the chief shall uphold the plan 5,468
disapproval or reverse it. If the chief reverses the 5,469
disapproval, the plan shall be deemed approved. 5,470
Sec. 1513.02. (A) The division of mines and reclamation 5,479
shall administer, enforce, and implement this chapter. The chief 5,480
of the division of mines and reclamation shall do all of the 5,481
following:
(1) Adopt, amend, and rescind rules: 5,483
(a) To administer and enforce this chapter; 5,485
(b) To implement the requirements of this chapter for the 5,487
reclamation of lands affected by coal mining, including such 5,488
rules governing mining practices and procedures, segregation and 5,489
placement of soil and topsoil, backfilling, grading, terracing, 5,490
resoiling, soil conditioning and reconditioning, planting, 5,491
establishment of drainage patterns, construction of impoundments, 5,492
and the construction, maintenance, and disposition of haul roads, 5,493
ditches, and dikes, as may be necessary or desirable, under 5,494
varying conditions of slope, drainage, physical and chemical 5,495
characteristics of soil and overburden, erodability of materials, 5,496
season, growth characteristics of plants, and other factors 5,497
affecting coal mining and reclamation, to facilitate the return 5,498
of the land to a condition required by this chapter; to prevent 5,499
pollution or substantial diminution of waters of the state, 5,500
substantial erosion, substantial deposition of sediment, 5,501
landslides, accumulation and discharge of acid water, and 5,502
flooding, both during mining and reclamation and thereafter; to 5,503
restore the recharge capacity of the mined area to approximate 5,504
premining conditions; and to ensure full compliance with all 5,505
requirements of this chapter relating to reclamation, and the 5,506
attainment of those objectives in the interest of the public 5,507
129
health, safety, and welfare to which these reclamation 5,508
requirements are directed; 5,509
(c) To meet the requirements of the "Surface Mining 5,511
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 5,512
1201. 5,513
(2) Issue orders to enforce this chapter and rules adopted 5,515
under it; 5,516
(3) Adopt rules for the internal management of the 5,518
division that do not affect private rights; 5,519
(4) Adopt programs, rules, and procedures designed to 5,521
assist the coal operator in this state with the permitting 5,522
process and complying with the environmental standards of this 5,523
chapter. Upon request of the applicant for a permit, the chief 5,524
shall make a determination of the probable hydrologic 5,525
consequences required in division (B)(2)(k) of section 1513.07 of 5,526
the Revised Code within sixty days after a permit has been 5,527
submitted to the division for those applications requesting the 5,528
chief to perform the study. The chief shall perform the chemical 5,529
analysis of test borings or core samplings for operators who have 5,530
a total annual production of coal at all locations that does not 5,531
exceed one hundred thousand tons. 5,532
(5) Adopt programs, rules, and procedures designed to 5,534
ensure that reclamation is performed on operations for which the 5,535
performance bond has been forfeited pursuant to section 1513.16 5,536
of the Revised Code. For this purpose, the chief may transfer up 5,537
to one million dollars annually from the coal mining 5,538
administration and reclamation reserve fund, created in section 5,539
1513.181 of the Revised Code, to the reclamation supplemental 5,540
forfeiture fund, created in section 1513.18 of the Revised Code.; 5,541
(6) Receive, administer, and expend moneys obtained from 5,543
the United States department of the interior and other federal 5,544
agencies to implement the state's permanent coal regulatory 5,545
program; 5,546
(7)(a) REGULATE THE BENEFICIAL USE OF COAL COMBUSTION 5,549
130
BYPRODUCTS AT COAL MINING AND RECLAMATION OPERATIONS AND 5,550
ABANDONED MINE LANDS THAT ARE REGULATED UNDER THIS CHAPTER AND 5,551
RULES ADOPTED UNDER IT. THE BENEFICIAL USE OF COAL COMBUSTION 5,552
BYPRODUCTS AT SUCH COAL MINING AND RECLAMATION OPERATIONS AND 5,553
ABANDONED MINE LANDS IS SUBJECT TO ALL APPLICABLE PERFORMANCE 5,554
STANDARDS AND REQUIREMENTS ESTABLISHED UNDER THIS CHAPTER AND 5,555
RULES ADOPTED UNDER IT, INCLUDING, WITHOUT LIMITATION, STANDARDS 5,556
AND REQUIREMENTS ESTABLISHED UNDER SECTION 1513.16 OF THE REVISED 5,557
CODE AND RULES ADOPTED PURSUANT TO IT. 5,559
THE BENEFICIAL USE OF COAL COMBUSTION BYPRODUCTS THAT IS 5,561
AUTHORIZED AT COAL MINING AND RECLAMATION OPERATIONS AND 5,562
ABANDONED MINE LANDS THAT ARE REGULATED UNDER THIS CHAPTER AND 5,563
RULES ADOPTED UNDER IT IS NOT SUBJECT TO THE FOLLOWING PROVISIONS 5,565
OF CHAPTERS 3734. AND 6111. OF THE REVISED CODE AND RULES ADOPTED 5,567
UNDER THOSE PROVISIONS: 5,568
(i) PERMIT AND LICENSE REQUIREMENTS FOR SOLID WASTE 5,571
FACILITIES ESTABLISHED UNDER SECTIONS 3734.02 AND 3734.05 OF THE 5,572
REVISED CODE; 5,573
(ii) THE PROHIBITION AGAINST THE OPEN DUMPING OF SOLID 5,576
WASTES ESTABLISHED IN SECTION 3734.03 OF THE REVISED CODE; 5,578
(iii) SOLID WASTE GENERATION AND DISPOSAL FEES ESTABLISHED 5,581
UNDER SECTIONS 3734.57 TO 3734.574 OF THE REVISED CODE; 5,583
(iv) PERMIT TO INSTALL AND PLAN APPROVAL REQUIREMENTS 5,586
ESTABLISHED UNDER SECTIONS 6111.03, 6111.44, AND 6111.45 OF THE 5,587
REVISED CODE. 5,588
NOTHING IN DIVISION (A)(7) OF THIS SECTION SHALL BE 5,591
CONSTRUED TO LIMIT ANY OTHER REQUIREMENTS THAT ARE APPLICABLE TO 5,592
THE BENEFICIAL USE OF COAL COMBUSTION BYPRODUCTS AND THAT ARE 5,593
ESTABLISHED UNDER CHAPTER 3704., 3714., 3734., OR 6111. OF THE 5,596
REVISED CODE OR UNDER LOCAL OR FEDERAL LAWS, INCLUDING, WITHOUT 5,598
LIMITATION, REQUIREMENTS GOVERNING AIR POLLUTION CONTROL PERMITS, 5,599
HAZARDOUS WASTE, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 5,600
PERMITS, AND SECTION 401 WATER QUALITY CERTIFICATIONS. 5,601
(b) AS USED IN DIVISION (A)(7) OF THIS SECTION: 5,604
131
(i) "COAL COMBUSTION BYPRODUCTS" MEANS FLY ASH, BOTTOM 5,607
ASH, COAL SLAG, FLUE GAS DESULPHURIZATION AND FLUIDIZED BED 5,608
COMBUSTION BYPRODUCTS, AIR OR WATER POLLUTION CONTROL RESIDUES 5,609
FROM THE OPERATION OF A COAL-FIRED ELECTRIC OR STEAM GENERATION 5,610
FACILITY, AND ANY MATERIAL FROM A CLEAN COAL TECHNOLOGY 5,611
DEMONSTRATION PROJECT OR OTHER INNOVATIVE PROCESS AT A COAL-FIRED 5,612
ELECTRIC OR STEAM GENERATION FACILITY.
(ii) "BENEFICIAL USE" MEANS THE USE OF COAL COMBUSTION 5,615
BYPRODUCTS IN A MANNER THAT IS NOT EQUIVALENT TO THE 5,616
ESTABLISHMENT OF A DISPOSAL SYSTEM OR A SOLID WASTE DISPOSAL 5,617
FACILITY AND THAT IS UNLIKELY TO AFFECT HUMAN HEALTH OR SAFETY OR 5,618
THE ENVIRONMENT ADVERSELY OR TO DEGRADE THE EXISTING QUALITY OF 5,619
THE LAND, AIR, OR WATER. "BENEFICIAL USE" INCLUDES, WITHOUT 5,620
LIMITATION, LAND APPLICATION USES FOR AGRONOMIC VALUE; LAND 5,621
RECLAMATION USES; AND DISCRETE, CONTROLLED USES FOR STRUCTURAL 5,622
FILL, PAVEMENT AGGREGATE, PIPE BEDDING AGGREGATE, MINE SEALING, 5,623
ALTERNATIVE DRAINAGE OR CAPPING MATERIAL, AND PILOT DEMONSTRATION 5,624
PROJECTS.
(iii) "STRUCTURAL FILL" MEANS THE DISCRETE, CONTROLLED USE 5,627
OF A COAL COMBUSTION BYPRODUCT AS A SUBSTITUTE FOR A CONVENTIONAL 5,628
AGGREGATE, RAW MATERIAL, OR SOIL UNDER OR IMMEDIATELY ADJACENT TO 5,629
A BUILDING OR STRUCTURE. "STRUCTURAL FILL" DOES NOT INCLUDE USES 5,630
THAT INVOLVE GENERAL FILLING OR GRADING OPERATIONS OR VALLEY 5,631
FILLS.
(iv) "PAVEMENT AGGREGATE" MEANS THE DISCRETE, CONTROLLED 5,634
USE OF A COAL COMBUSTION BYPRODUCT AS A SUBBASE MATERIAL OR 5,635
DRAINAGE LAYER UNDER OR IMMEDIATELY ADJACENT TO A PAVED ROAD OR A 5,636
PAVED PARKING LOT WHERE THE COAL COMBUSTION BYPRODUCT IS A 5,637
SUBSTITUTE FOR A CONVENTIONAL AGGREGATE, RAW MATERIAL, OR SOIL. 5,638
(v) "PIPE BEDDING AGGREGATE" MEANS THE DISCRETE, 5,641
CONTROLLED USE OF A COAL COMBUSTION BYPRODUCT AS A SUBSTITUTE FOR 5,642
A CONVENTIONAL AGGREGATE, RAW MATERIAL, OR SOIL UNDER, AROUND, OR 5,643
IMMEDIATELY ADJACENT TO A WATER, SEWER, OR OTHER PIPELINE. 5,644
(vi) "COAL-FIRED ELECTRIC OR STEAM GENERATION FACILITY" 5,647
132
INCLUDES ANY BOILER THAT IS FIRED WITH COAL OR WITH COAL IN 5,648
COMBINATION WITH PETROLEUM COKE, OIL, NATURAL GAS, OR ANY OTHER 5,649
FOSSIL FUEL.
(vii) "SOLID WASTE DISPOSAL FACILITY" MEANS A FACILITY FOR 5,652
THE DISPOSAL OF SOLID WASTES AS PROVIDED IN CHAPTER 3734. OF THE 5,653
REVISED CODE AND RULES ADOPTED UNDER IT. 5,656
(viii) "DISPOSAL SYSTEM" HAS THE SAME MEANING AS IN 5,659
SECTION 6111.01 OF THE REVISED CODE. 5,661
(B) The chief, by rule, may designate as unsuitable for 5,663
coal mining natural areas maintained on the registry of natural 5,664
areas of the department of natural resources pursuant to that 5,665
chapter CHAPTER 1517. OF THE REVISED CODE, wild, scenic, or 5,667
recreational river areas designated pursuant to Chapter 1501. of 5,668
the Revised Code THAT CHAPTER, publicly owned or dedicated parks, 5,669
and other areas of unique and irreplaceable natural beauty or 5,670
condition, or areas within specified distances of a public road, 5,671
occupied dwelling, public building, school, church, community, or 5,672
institutional building, public park, or cemetery. Such a 5,673
designation may include land adjacent to the perimeters of those 5,674
areas that may be necessary to protect their integrity. 5,675
(C)(1) The adoption, amendment, and rescission of rules 5,677
under divisions (A)(1) and (B) of this section are subject to 5,678
Chapter 119. of the Revised Code. 5,679
(2) The issuance of orders under division (A)(2) of this 5,681
section and appeals therefrom are not governed by or subject to 5,682
Chapter 119. of the Revised Code, but are governed by this 5,683
chapter. 5,684
(D)(1) When the chief or an authorized representative of 5,686
the chief determines that any condition or practice exists or 5,687
that any permittee is in violation of any requirement of this 5,688
chapter or any permit condition required by this chapter, which 5,689
condition, practice, or violation creates an imminent danger to 5,690
the health or safety of the public or is causing, or can 5,691
reasonably be expected to cause, significant, imminent 5,692
133
environmental harm to land, air, or water resources, the chief or 5,693
the authorized representative immediately shall order the 5,694
cessation of coal mining and reclamation operations or the 5,695
portion thereof relevant to the condition, practice, or 5,696
violation. The cessation order shall remain in effect until the 5,697
chief or the authorized representative determines that the 5,698
condition, practice, or violation has been abated or until the 5,699
order is modified, vacated, or terminated by the chief or the 5,700
authorized representative pursuant to division (D)(4) of this 5,701
section or by the reclamation commission pursuant to section 5,702
1513.13 of the Revised Code. When the chief or an THE authorized 5,704
representative of the chief finds that the ordered cessation of 5,705
coal mining and reclamation operations or any portion thereof 5,706
will not completely abate the imminent danger to the health or 5,707
safety of the public or the significant, imminent environmental 5,708
harm to land, air, or water resources, the chief or the 5,709
authorized representative, in addition to the cessation order, 5,710
shall order the operator to take whatever steps the chief or the 5,711
authorized representative considers necessary to abate the 5,712
imminent danger or the significant environmental harm. 5,713
(2) When the chief or an authorized representative of the 5,716
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 5,717
this chapter, but the violation does not create an imminent 5,718
danger to the health or safety of the public or cannot reasonably 5,719
be expected to cause significant, imminent environmental harm to 5,720
land, air, or water resources, the chief or the authorized 5,721
representative shall issue a notice of violation to the person or 5,723
the person's agent fixing a reasonable time for the abatement of 5,724
the violation, provided that the time afforded a person to abate 5,726
the violation shall not exceed the time limitations prescribed by 5,727
the secretary of the interior in 30 C.F.R. Part 843 for an 5,728
approvable state regulatory program under the "Surface Mining 5,729
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 5,730
134
1201.
If, upon expiration of the period of time as originally 5,732
fixed or subsequently extended for good cause shown and upon the 5,733
written finding of the chief or an THE authorized representative 5,734
of the chief, the chief or the authorized representative finds 5,736
that the violation has not been abated, the chief or the 5,737
authorized representative immediately shall order the cessation 5,739
of coal mining and reclamation operations or the portion thereof 5,740
relevant to the violation. The cessation order shall remain in 5,741
effect until the chief or the authorized representative 5,742
determines that the violation has been abated or until the order 5,743
is modified, vacated, or terminated by the chief or the 5,744
authorized representative pursuant to division (D)(4) of this 5,746
section or by the reclamation commission pursuant to section 5,748
1513.13 of the Revised Code. In a cessation order issued under 5,749
this division (D)(2) OF THIS SECTION, the chief or the authorized 5,750
representative shall prescribe the steps necessary to abate the 5,752
violation in the most expeditious manner possible. 5,753
(3) When in the judgment of the chief or an authorized 5,755
representative of the chief a pattern of violations of any 5,756
requirements of this chapter or any permit conditions required by 5,758
this chapter exists or has existed and the violations are caused 5,759
by the unwarranted failure of the permittee to comply with any 5,760
requirements of this chapter or any permit conditions or are 5,761
willfully caused by the permittee, the chief or the authorized 5,763
representative immediately shall issue an order to the permittee 5,764
to show cause why the permit should not be suspended or revoked. 5,765
If a hearing is requested, the chief shall inform all interested 5,766
parties of the time and place of the hearing and conduct the 5,767
hearing pursuant to division (D) of section 1513.13 of the 5,768
Revised Code. Upon the permittee's failure to show cause why the 5,770
permit should not be suspended or revoked, the chief or the 5,771
authorized representative immediately shall suspend or revoke the 5,773
permit.
135
(4) Notices of violation and orders issued pursuant to 5,775
this section shall set forth with reasonable specificity the 5,776
nature of the violation and the remedial action required, the 5,777
period of time established for abatement, and a reasonable 5,778
description of the portion of the coal mining and reclamation 5,779
operation to which the notice or order applies. Each notice or 5,780
order issued under this section shall be given promptly to the 5,781
alleged violator or the agent of the alleged violator by the 5,783
chief or the AN authorized representative of the chief who issues 5,784
the notice or order. Notices and orders shall be in writing and 5,785
shall be signed by the chief or the authorized representatives 5,786
REPRESENTATIVE and may be modified, vacated, or terminated by the 5,788
chief or the authorized representative. Any notice or order 5,789
issued pursuant to this section that requires cessation of mining 5,790
by the operator shall expire within thirty days after actual 5,791
notice to the operator unless a public hearing pursuant to 5,792
section 1513.13 of the Revised Code is held at the site or within 5,793
such reasonable proximity to the site that any viewings of the 5,794
site can be conducted during the course of the public hearing. 5,795
(E) The chief may appoint, under section 121.13 of the 5,797
Revised Code, an advisory committee of experts in the fields of 5,798
hydrology, soil conservation, historic preservation, and related 5,799
fields to provide advice on coal mining and reclamation 5,801
practices, the environmental impact of coal mining, the adoption 5,802
of rules, the approval of plans, and the issuance of permits 5,803
under section 1513.07 of the Revised Code. 5,804
(F)(1) A person who violates a permit condition or any 5,806
other provision of this chapter may be assessed a civil penalty 5,807
by the chief, except that if the violation leads to the issuance 5,808
of a cessation order under division (D) of this section, the 5,809
civil penalty shall be assessed for each day until the person 5,810
initiates the necessary corrective steps. The penalty shall not 5,811
exceed five thousand dollars for each violation. Each day of 5,812
continuing violation may be deemed a separate violation for 5,813
136
purposes of penalty assessments. In determining the amount of 5,814
the penalty, consideration shall be given to the person's history 5,815
of previous violation at the particular coal mining operation; 5,816
the seriousness of the violation, including any irreparable harm 5,817
to the environment and any hazard to the health or safety of the 5,818
public; whether the person was negligent; and the demonstrated 5,819
diligence of the person charged in attempting to achieve rapid 5,820
compliance after notification of the violation. 5,821
(2) A civil penalty shall be assessed by the chief only 5,823
after the person charged with a violation under division (F)(1) 5,824
of this section has been given an opportunity for a public 5,825
hearing. If a person charged with such a violation fails to 5,826
avail self of the opportunity for a public hearing, a civil 5,828
penalty shall be assessed by the chief after the chief has
determined that a violation did occur, and the amount of the 5,829
penalty which THAT is warranted, and has issued an order 5,830
requiring that the penalty be paid. 5,832
(3) Upon the issuance of a notice or order charging that a 5,834
violation of this chapter has occurred, the chief shall inform 5,835
the operator within thirty days of the proposed amount of the 5,836
penalty and provide opportunity for an adjudicatory hearing 5,837
pursuant to section 1513.13 of the Revised Code. The person 5,838
charged with the penalty then shall have thirty days to pay the 5,839
proposed penalty in full or, if the person wishes to contest 5,840
either the amount of the penalty or the fact of the violation, 5,841
file a petition for review of the proposed assessment with the 5,842
secretary of the reclamation commission pursuant to section 5,844
1513.13 of the Revised Code. If, after the hearing, the 5,845
commission affirms or modifies the proposed amount of the 5,847
penalty, the person charged with the penalty then shall have 5,848
thirty days after receipt of the written decision to pay the 5,849
amount in full or file an appeal with the court of appeals in 5,850
accordance with section 1513.14 of the Revised Code. At the time 5,851
the petition for review of the proposed assessment is filed with 5,852
137
the secretary, the person shall forward the amount of the penalty 5,853
to the secretary for placement in the reclamation penalty fund, 5,854
which is hereby created. The fund shall be in the custody of the 5,855
treasurer of state, but shall not be a part of the state 5,856
treasury. Pursuant to administrative or judicial review of the 5,857
penalty, the secretary, within thirty days, shall remit the 5,858
appropriate amount of the penalty to the person, with interest, 5,859
if it is determined that no violation occurred or that the amount 5,860
of the penalty should be reduced, and the secretary SHALL forward 5,861
the balance of the penalty or, if the penalty was not reduced, 5,863
the entire amount of the penalty, with interest, to the chief for 5,864
deposit in the coal mining administration and reclamation reserve 5,865
fund created in section 1513.181 of the Revised Code. Failure to 5,866
forward the money to the secretary within thirty days after the 5,867
chief informs the operator of the proposed amount of the penalty 5,868
shall result in a waiver of all legal rights to contest the 5,869
violation or the amount of the penalty. Within fifteen days 5,870
after being informed of the penalty, the person charged with the 5,871
penalty may request in writing an informal assessment conference 5,872
to review the amount of the penalty. The conference shall be 5,873
presided over by the chief or someone AN INDIVIDUAL appointed by 5,874
the chief other than the inspector that issued the notice of 5,876
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 5,877
conferences. Time allowed for payment of the penalty or appeal 5,878
to the commission shall be tolled while the penalty is being 5,880
reviewed in an informal conference. 5,881
(4) An operator who fails to correct a violation for which 5,883
a notice of violation or order has been issued under division (D) 5,884
of this section within the period permitted for its correction 5,885
shall be assessed a civil penalty of not less than seven hundred 5,886
fifty dollars for each day during which the failure or violation 5,887
continues. However, a civil penalty shall not be assessed under 5,888
this division (F)(4) OF THIS SECTION if the commission orders the 5,890
138
suspension of the abatement requirement after determining, based 5,892
upon the findings of an expedited hearing held under section 5,893
1513.13 of the Revised Code at the request of the operator, that 5,894
the operator will suffer irreparable loss or damage from the 5,895
application of the abatement requirement or if the court orders 5,896
suspension of the abatement requirement pursuant to review 5,897
proceedings held under section 1513.14 of the Revised Code at the 5,898
request of the operator.
(G) The chief may enter into a cooperative agreement with 5,900
the secretary of the interior to provide for state regulation of 5,901
coal mining and reclamation operations on federal lands within 5,902
the state. 5,903
(H) The chief may prohibit augering if necessary to 5,905
maximize the utilization, recoverability, or conservation of the 5,906
solid fuel resources or to protect against adverse water quality 5,907
impacts. 5,908
(I) The chief shall transmit copies of all schedules 5,910
submitted under section 1513.07 of the Revised Code pertaining to 5,911
violations of air or water quality laws and rules adopted and 5,912
orders issued thereunder UNDER THOSE LAWS in connection with coal 5,914
mining operations to the director of environmental protection for 5,915
verification. 5,916
(J) For the purposes of sections 1513.18, 1513.24, 5,918
1513.37, and 1514.06 of the Revised Code, the chief triennially 5,919
shall determine the average wage rate for companies performing 5,920
reclamation work for the division under those sections by 5,921
averaging the wage rate paid by all companies performing such 5,922
reclamation work during the three years immediately preceding the 5,924
determination. However, in making the initial determination 5,925
under this division, the chief shall average the wage rate paid 5,926
by all companies performing such reclamation work during the ten 5,927
years immediately preceding October 29, 1995. 5,929
Sec. 1513.18. (A) All money that becomes the property of 5,939
the state under divisions (A) to DIVISION (G) of section 1513.16 5,940
139
of the Revised Code shall be deposited in the reclamation 5,942
forfeiture fund, which is hereby created in the state treasury. 5,943
Disbursements from the fund shall be made by the chief of the 5,944
division of mines and reclamation only for the purpose of 5,945
reclaiming areas of land affected by coal mining under a coal 5,946
mining and reclamation permit issued on or after September 1, 5,947
1981, on which an operator has defaulted. 5,948
(B) All cash that becomes the property of the state under 5,950
division (H) of section 1513.16 of the Revised Code shall be 5,951
deposited in the defaulted areas RECLAMATION SUPPLEMENTAL 5,952
FORFEITURE fund, which is hereby created in the state treasury. 5,953
THE FUND SHALL CONSIST OF ALL MONEYS SO DEPOSITED, ANY MONEYS 5,955
TRANSFERRED TO IT UNDER THIS DIVISION FROM THE UNRECLAIMED LANDS 5,956
FUND CREATED IN SECTION 1513.30 OF THE REVISED CODE, ANY MONEYS 5,958
TRANSFERRED TO IT UNDER SECTION 1513.181 OF THE REVISED CODE FROM 5,961
THE COAL MINING AND RECLAMATION RESERVE FUND CREATED IN THAT 5,962
SECTION, AND MONEYS COLLECTED AND CREDITED TO IT PURSUANT TO 5,963
SECTION 5749.02 OF THE REVISED CODE. Disbursements from the fund 5,966
shall be made by the chief only for the purpose of reclaiming 5,967
areas of land affected by coal mining under a permit issued under 5,968
this chapter after April 10, 1972, but before September 1, 1981, 5,969
on which an operator has defaulted. The THAT AN OPERATOR HAS 5,971
AFFECTED BY MINING AND FAILED TO RECLAIM UNDER A COAL MINING AND 5,972
RECLAMATION PERMIT ISSUED UNDER THIS CHAPTER OR UNDER A SURFACE 5,973
MINING PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE. 5,976
THE CHIEF'S PRIORITY FOR MANAGEMENT OF THE FUND, INCLUDING THE 5,977
SELECTION OF PROJECTS AND TRANSFER OF MONEYS, SHALL BE TO ENSURE 5,978
THAT SUFFICIENT MONEYS ARE AVAILABLE FOR THE RECLAMATION OF AREAS 5,979
AFFECTED BY MINING UNDER A COAL MINING AND RECLAMATION PERMIT. 5,980
THE chief may expend moneys from the defaulted areas fund 5,983
to pay necessary administrative costs, including engineering and 5,984
design services, incurred by the division in reclaiming these 5,985
areas. EXPENDITURES FROM THE FUND TO PAY SUCH ADMINISTRATIVE 5,986
COSTS NEED NOT BE MADE UNDER CONTRACT. 5,987
140
AS MONEYS ARE SPENT FROM THE FUND, THE DIRECTOR OF BUDGET 5,990
AND MANAGEMENT, UPON THE CERTIFICATION OF THE CHIEF, SHALL 5,991
TRANSFER ADDITIONAL MONEYS FROM THE UNRECLAIMED LANDS FUND
CREATED IN SECTION 1513.30 OF THE REVISED CODE THAT THE CHIEF 5,994
REQUESTS, PROVIDED THAT THE DIRECTOR SHALL NOT TRANSFER MORE THAN 5,995
ONE MILLION DOLLARS FROM THE UNRECLAIMED LANDS FUND TO THE 5,996
RECLAMATION SUPPLEMENTAL FORFEITURE FUND DURING ANY FISCAL YEAR. 5,998
(C) Except when paying necessary administrative costs 6,000
authorized by division (B) of this section, expenditures from 6,001
either fund shall be made under contracts entered into by the 6,002
chief, with the approval of the director of natural resources, in 6,003
accordance with procedures established by the chief, by rules 6,004
adopted in accordance with section 1513.02 of the Revised Code. 6,005
The chief may reclaim the land in the same manner as set forth in 6,006
sections 1513.21 to 1513.24 of the Revised Code. Each contract 6,007
awarded by the chief shall be awarded to the lowest responsive 6,008
and responsible bidder, in accordance with section 9.312 of the 6,009
Revised Code, after sealed bids are received, opened, and 6,010
published at the time and place fixed by the chief. The chief 6,011
shall publish notice of the time and place at which bids will be 6,012
received, opened, and published, at least once and at least ten 6,013
days before the date of the opening of the bids, in a newspaper 6,014
of general circulation in the county in which the area of land to 6,015
be reclaimed under the contract is located. If, after 6,016
advertising, no bids are received by the chief at the time and 6,017
place fixed for receiving them, the chief may advertise again for 6,018
bids, or, if he THE CHIEF considers the public interest will best 6,020
be served, he THE CHIEF may enter into a contract for the 6,021
reclamation of the area of land without further advertisement for 6,023
bids. The chief may reject any or all bids received and again 6,024
publish notice of the time and place at which bids for contracts 6,025
will be received, opened, and published. The chief, with the 6,026
approval of the director, may enter into a contract with the 6,027
landowner, a coal mine operator or surface mine operator mining 6,028
141
under a current, valid permit issued under this chapter or 6,029
Chapter 1514. of the Revised Code, or a contractor hired by the 6,031
surety to complete reclamation to carry out reclamation on land 6,032
affected by coal mining on which an operator has defaulted
without advertising for bids. 6,033
(D) There is hereby created the reclamation supplemental 6,035
forfeiture fund in the state treasury, to be used by the chief to 6,037
reclaim areas that any operator has affected by mining and failed 6,038
to reclaim under a coal mining and reclamation permit issued on 6,040
or after September 1, 1981. The chief's priority for management 6,041
of the fund, including the selection of projects and transfer of
moneys, shall be to ensure that sufficient moneys are available 6,042
for reclamation of such areas. 6,043
The chief may expend moneys from the fund to pay necessary 6,045
administrative costs, including engineering and design services, 6,046
incurred by the division in reclaiming these areas. Expenditures 6,047
from the fund to pay such administrative costs need not be made 6,048
under contract. As moneys are spent from the fund, the director 6,049
of budget and management, upon the certification of the chief,
shall transfer such additional moneys from the unreclaimed lands 6,050
fund created in section 1513.30 of the Revised Code as are needed 6,051
to keep the balance of the reclamation supplemental forfeiture 6,052
fund at two million dollars, provided that the director shall not 6,053
transfer more than one million dollars to that fund during any 6,054
fiscal year.
(E) If the amount of money credited to the reclamation 6,056
forfeiture fund from the forfeiture of the bond applicable to the 6,057
area of land is not sufficient to pay the cost of doing all of 6,058
the reclamation work on land that the operator should have done, 6,059
but failed to do under a coal mining and reclamation permit 6,060
issued on or after September 1, 1981, the chief may expend from 6,061
THE MONEYS CREDITED TO the reclamation supplemental forfeiture 6,062
fund created in this UNDER section 5749.02 OF THE REVISED CODE OR 6,066
TRANSFERRED TO THE FUND UNDER DIVISION (B) OF THIS SECTION OR 6,068
142
UNDER SECTION 1513.181 OF THE REVISED CODE the amount of money 6,071
necessary to complete the reclamation work to the standards 6,072
required by this chapter. 6,073
(F) If the amount of money credited to the defaulted areas 6,075
fund from the forfeiture of the bond applicable to the area of 6,076
land is not sufficient to pay the cost of doing all of the 6,077
reclamation work on land that the operator should have done, but 6,078
failed to do under a permit issued under this chapter after April 6,079
10, 1972, but before September 1, 1981, the chief may expend the 6,080
additional amount of money necessary to complete the reclamation 6,081
work to the standards required by this chapter from moneys 6,082
credited to the fund under Chapter 5749. of the Revised Code or 6,083
transferred to the fund under section 1513.181 of the Revised 6,084
Code. 6,085
(G)(E) The chief shall keep a detailed accounting of the 6,087
expenditures from the reclamation supplemental forfeiture fund 6,088
and of the additional expenditures from the defaulted areas fund 6,089
to complete reclamation of the land and, upon completion of the 6,090
reclamation, shall certify the expenditures to the attorney 6,091
general. Upon the chief's certification of the expenditures from 6,092
the reclamation supplemental forfeiture fund or the additional 6,093
expenditures from the defaulted areas fund, the attorney general 6,094
shall bring an action for that amount of money. The operator is 6,095
liable for such THAT expense in addition to any other liabilities 6,097
imposed by law. Moneys so recovered shall be credited to the 6,098
reclamation supplemental forfeiture fund or the defaulted areas 6,099
fund, as appropriate. The chief shall not postpone the 6,100
reclamation because of any action brought by the attorney general 6,101
under this division. Prior to completing reclamation, the chief 6,102
may collect through the attorney general any additional amount 6,103
that the chief believes will be necessary for reclamation in 6,104
excess of the forfeited bond amount applicable to the land that 6,105
the operator should have, but failed to, reclaim. 6,106
(H)(F) If any part of the moneys in the reclamation 6,108
143
forfeiture fund remains in the fund after the chief has caused 6,110
the area of land to be reclaimed and has paid all the reclamation 6,111
costs and expenses, the chief may expend those moneys to complete 6,112
other reclamation work performed under this section on forfeiture 6,113
areas affected under a coal mining and reclamation permit issued 6,114
on or after September 1, 1981. 6,115
(I) If any part of the moneys in the defaulted areas fund 6,117
remains in the fund after the chief has caused the area of land 6,119
to be reclaimed and has paid all the reclamation costs and 6,120
expenses, the chief may expend those moneys to complete other 6,121
reclamation work performed under this section on forfeiture areas 6,122
affected under a coal mining and reclamation permit issued after
April 10, 1972, but before September 1, 1981. 6,123
(J)(G) The chief shall require every contractor performing 6,125
reclamation work pursuant to this section to pay workers at the 6,126
greater of their regular rate of pay, as established by contract, 6,127
agreement, or prior custom or practice, or the average wage rate 6,128
paid in this state for the same or similar work as determined by 6,129
the chief under section 1513.02 of the Revised Code. 6,130
Sec. 1513.181. There is hereby created in the state 6,139
treasury the coal mining administration and reclamation reserve 6,140
fund. The fund shall be used for the administration and 6,141
enforcement of this chapter. The chief of the division of mines 6,143
and reclamation shall expend the balance of moneys paid into the
fund in accordance with MAY TRANSFER NOT MORE THAN ONE MILLION 6,145
DOLLARS ANNUALLY FROM THE FUND TO THE RECLAMATION SUPPLEMENTAL 6,146
FORFEITURE FUND CREATED IN section 1513.18 of the Revised Code to 6,148
complete reclamation of lands affected by coal mining under a 6,149
permit issued under this chapter after April 10, 1972, but before 6,150
September 1, 1981, OR BY SURFACE MINING UNDER A SURFACE MINING 6,151
PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE, that the 6,152
operator failed to reclaim and for which the operator's bond is 6,155
insufficient to complete the reclamation. Within ten days before 6,156
or after the beginning of each calendar quarter, the chief shall 6,157
144
certify to the director of budget and management the amount of 6,158
money needed to perform such reclamation during the quarter for 6,159
transfer from the coal mining administration and reclamation 6,160
reserve fund to the defaulted areas RECLAMATION SUPPLEMENTAL 6,161
FORFEITURE fund created in division (B) of section 1513.18 of the 6,162
Revised Code. The total amount of such transfers during a fiscal 6,163
year shall not exceed the amount of moneys paid into the coal 6,164
mining administration and reclamation reserve fund not used for 6,165
administration and enforcement of this chapter. 6,166
Fines collected under division (F) of section 1513.02 and 6,168
section 1513.99 of the Revised Code, and fines collected for a 6,169
violation of section 2921.31 of the Revised Code that, prior to 6,170
the effective date of this amendment JULY 1, 1996, would have 6,171
been a violation of division (G) of section 1513.17 of the 6,172
Revised Code as it existed prior to that date, shall be paid into 6,173
the coal mining administration and reclamation reserve fund. 6,174
Sec. 1513.20. The chief of the division of mines and 6,183
reclamation, with the approval of the director of natural 6,185
resources, may purchase or acquire by gift, donation, or 6,186
contribution any eroded land, including land affected by strip
mining, for which no cash is held in the strip mining reclamation 6,187
FORFEITURE fund created by section 1513.18 of the Revised Code. 6,189
For this purpose the chief may expend moneys deposited in the 6,190
unreclaimed lands fund created by section 1513.30 of the Revised 6,191
Code. All lands purchased or acquired shall be deeded to the
state, but no deed shall be accepted or the purchase price paid 6,192
until the title has been approved by the attorney general. 6,193
Sec. 1513.30. There is hereby created in the state 6,202
treasury the unreclaimed lands fund, to be administered by the 6,203
chief of the division of mines and reclamation and used for the 6,204
purpose of reclaiming land, public or private land, affected by 6,205
mining or controlling mine drainage, for which no cash is held in 6,206
the strip mining reclamation FORFEITURE fund created in section 6,207
1513.18 of the Revised Code or the surface mining reclamation 6,209
145
fund created in section 1514.06 of the Revised Code, and also for 6,210
the purpose of paying the expenses and compensation of the 6,211
council on unreclaimed strip mined lands as required by section 6,212
1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 6,214
fund toward reclamation projects that fulfill priority needs and 6,215
provide the greatest public benefits, the chief shall 6,216
periodically SHALL submit to the council project proposals to be 6,218
financed from the unreclaimed lands fund, together with benefit 6,219
and cost data and other pertinent information. For the purpose 6,220
of selecting project areas and determining the boundaries of 6,221
project areas, the council shall consider the feasibility, cost, 6,222
and public benefits of reclaiming the areas, their potential for 6,223
being mined, the availability of federal or other financial 6,224
assistance for reclamation, and the geographic distribution of 6,225
project areas to ensure fair distribution among affected areas. 6,226
The council shall give priority to areas where there is 6,228
little or no likelihood that the area will be mined OF MINING 6,229
within the foreseeable future, reclamation is feasible at 6,231
reasonable cost with available funds, and either of the following 6,232
applies:
(A) The pollution of the waters of the state and damage to 6,234
adjacent property are most severe and widespread.; 6,235
(B) Reclamation will make possible public uses for soil, 6,237
water, forest, or wildlife conservation or public recreation 6,238
purposes, will facilitate orderly commercial or industrial site 6,239
development, or will facilitate the use or improve the enjoyment 6,240
of nearby public conservation or recreation lands. 6,241
At least two weeks before any meeting of the council on 6,243
unreclaimed strip mined lands at which the chief will submit a 6,244
project proposal, a project area will be selected, or the 6,245
boundaries of a project area will be determined, the chief shall 6,246
mail notice by first class mail to the board of county 6,247
commissioners of the county and the board of township trustees of 6,248
146
the township in which the proposed project lies and the chief 6,249
executive and the legislative authority of each municipal 6,250
corporation within the proposed project area. The chief also 6,252
shall give reasonable notice to the news media in the county
where the proposed project lies. 6,253
Expenditures from the unreclaimed lands fund for 6,255
reclamation projects may be made only for projects that are 6,256
within the boundaries of project areas approved by the council, 6,257
and expenditures for a particular project may not exceed any 6,258
applicable limits set by the council. Expenditures from the 6,259
unreclaimed lands fund shall be made by the chief, with the 6,260
approval of the director of natural resources. 6,261
The controlling board may transfer excess funds from the 6,263
oil and gas well plugging fund, after recommendation by the 6,264
council on unreclaimed strip mined lands, to meet deficiencies in 6,265
the unreclaimed lands fund. 6,266
The chief may expend an amount not to exceed twenty per 6,268
cent of the moneys credited annually by the treasurer of state to 6,269
the unreclaimed lands fund for the purpose of administering the 6,270
unreclaimed lands fund. 6,271
THE CHIEF MAY ENGAGE IN COOPERATIVE PROJECTS UNDER THIS 6,273
SECTION WITH ANY AGENCY OF THE UNITED STATES, APPROPRIATE STATE 6,274
AGENCIES, OR STATE UNIVERSITIES OR COLLEGES AS DEFINED IN SECTION 6,275
3345.27 OF THE REVISED CODE AND MAY TRANSFER MONEY FROM THE FUND, 6,276
WITH THE APPROVAL OF THE COUNCIL, TO OTHER APPROPRIATE STATE 6,277
AGENCIES OR TO STATE UNIVERSITIES OR COLLEGES IN ORDER TO CARRY 6,278
OUT THE RECLAMATION ACTIVITIES AUTHORIZED BY THIS SECTION.
Sec. 1513.37. (A) There is hereby created in the state 6,287
treasury the abandoned mine reclamation fund, which shall be 6,288
administered by the chief of the division of mines and 6,289
reclamation. The fund shall consist of grants from the United 6,290
States secretary of the interior out of FROM the federal 6,291
abandoned mine reclamation fund established by Title IV of the 6,293
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 6,294
147
445, 30 U.S.C.A. 1201, regulations adopted thereunder UNDER IT, 6,295
and amendments thereto TO THE ACT AND REGULATIONS. Expenditures 6,297
from the abandoned mine reclamation fund shall be made by the 6,298
chief for the following purposes:
(1) Reclamation and restoration of land and water 6,300
resources adversely affected by past coal mining, including, but 6,301
not limited to, reclamation and restoration of abandoned strip 6,302
mine areas, abandoned coal processing areas, and abandoned coal 6,303
refuse disposal areas; sealing and filling of abandoned deep mine 6,304
entries and voids; planting of land adversely affected by past 6,305
coal mining; prevention of erosion and sedimentation; prevention, 6,306
abatement, treatment, and control of water pollution created by 6,307
coal mine drainage, including restoration of streambeds and 6,308
construction and operation of water treatment plants; prevention, 6,309
abatement, and control of burning coal refuse disposal areas and 6,310
burning coal in situ; and prevention, abatement, and control of 6,311
coal mine subsidence; 6,312
(2) Acquisition and filling of voids and sealing of 6,314
tunnels, shafts, and entryways of non-coal NONCOAL lands; 6,315
(3) Acquisition of land as provided for in this section; 6,317
(4) Administrative expenses incurred in accomplishing the 6,319
purposes of this section; 6,320
(5) All other necessary expenses to accomplish the 6,322
purposes of this section. 6,323
(B) Expenditures of moneys from the fund on land and water 6,325
eligible pursuant to division (C) of this section shall reflect 6,326
the following priorities in the order stated: 6,327
(1) The protection of public health, safety, general 6,329
welfare, and property from extreme danger of adverse effects of 6,330
coal mining practices; 6,331
(2) The protection of public health, safety, and general 6,333
welfare from adverse effects of coal mining practices; 6,334
(3) The restoration of land and water resources and the 6,336
environment previously degraded by adverse effects of coal mining 6,337
148
practices, including measures for the conservation and 6,338
development of soil and water (excluding channelization), 6,339
woodland, fish and wildlife, recreation resources, and 6,340
agricultural productivity; 6,341
(4) Research and demonstration projects relating to the 6,343
development of coal mining reclamation and water quality control 6,344
program methods and techniques; 6,345
(5) The protection, repair, replacement, construction, or 6,347
enhancement of public facilities such as utilities, roads, 6,348
recreation facilities, and conservation facilities adversely 6,349
affected by coal mining practices; 6,350
(6) The development of publicly owned land adversely 6,352
affected by coal mining practices, including land acquired as 6,353
provided in this section for recreation and historic purposes, 6,354
conservation and reclamation purposes, and open space benefits. 6,355
(C)(1) Lands and water eligible for reclamation or 6,357
drainage abatement expenditures under this section are those that 6,358
were mined for coal or were affected by such mining, wastebanks, 6,359
coal processing, or other coal mining processes and that meet one 6,360
of the following criteria: 6,361
(a) Are lands that were and abandoned or left in an 6,364
inadequate reclamation status prior to August 3, 1977, and for 6,365
which there is no continuing reclamation responsibility under
state or federal laws; 6,366
(b) Are lands for which the chief finds that surface coal 6,368
mining operations occurred at any time between August 4, 1977, 6,369
and August 16, 1982, and that any moneys for reclamation or 6,370
abatement that are available pursuant to a bond or other form of 6,371
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 6,372
(c) Are lands for which the chief finds that surface coal 6,374
mining operations occurred at any time between August 4, 1977, 6,375
and November 5, 1990, that the surety of the mining operator 6,376
became insolvent during that time, and that, as of November 5, 6,377
149
1990, any moneys immediately available from proceedings relating 6,378
to that insolvency or from any financial guarantee or other 6,379
source are not sufficient to provide for adequate reclamation or 6,380
abatement at the site.
(2) In determining which sites to reclaim pursuant to 6,382
divisions (C)(1)(b) and (c) of this section, the chief shall 6,383
follow the priorities stated in divisions (B)(1) and (2) of this 6,384
section and shall ensure that priority is given to those sites 6,385
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 6,386
(3) Surface coal mining operations on lands eligible for 6,388
remining shall not affect the eligibility of those lands for 6,389
reclamation and restoration under this section after the release 6,390
of the bond for any such operation as provided under division (F) 6,391
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 6,392
forfeited, moneys available under this section may be used if the 6,393
amount of the bond is not sufficient to provide for adequate 6,394
reclamation or abatement, except that if conditions warrant, the 6,395
chief immediately shall exercise the authority granted under 6,396
division (L) of this section.
(D) The chief may submit to the secretary of the interior 6,398
a state reclamation plan and annual projects to carry out the 6,399
purposes of this section. 6,400
(1) The reclamation plan generally shall identify the 6,402
areas to be reclaimed, the purposes for which the reclamation is 6,403
proposed, the relationship of the lands to be reclaimed and the 6,404
proposed reclamation to surrounding areas, the specific criteria 6,405
for ranking and identifying projects to be funded, and the legal 6,406
authority and programmatic capability to perform such THE work in 6,408
accordance with this section. 6,409
(2) On an annual basis, the chief may submit to the 6,411
secretary an application for support of the abandoned mine 6,412
reclamation fund and implementation of specific reclamation 6,413
150
projects. The annual requests shall include such information as 6,414
may be requested by the secretary. 6,415
Before submitting an annual application to the secretary, 6,417
the chief first shall submit it to the council on unreclaimed 6,419
strip mined lands for review and approval by the council. The 6,420
chief shall not submit such an application to the secretary until 6,422
it has been approved by the council. The chief shall submit 6,423
applications for administrative costs, imminent hazards, or 6,424
emergency projects to the council for review. 6,425
(3) The costs for each proposed project under this section 6,427
shall include actual construction costs, actual operation and 6,428
maintenance costs of permanent facilities, planning and 6,429
engineering costs, construction inspection costs, and other 6,430
necessary administrative expenses. 6,431
(4) Before making any expenditure of funds from the fund 6,433
to implement any specific reclamation project under this section, 6,434
the chief first shall submit to the council a project proposal 6,436
and any other pertinent information regarding the project 6,437
requested by the council for review and approval of the specific 6,438
project by the council. 6,440
(5) The chief may submit such annual and other reports 6,442
required by the secretary when funds are provided by the 6,443
secretary under Title IV of the "Surface Mining Control and 6,444
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201, 6,445
regulations adopted thereunder UNDER IT, and amendments thereto 6,447
TO THE ACT AND REGULATIONS.
(E) There is hereby created in the state treasury the acid 6,449
mine drainage abatement and treatment fund, which shall be 6,450
administered by the chief. The fund shall consist of grants from 6,451
the United States secretary of the interior out of FROM the 6,452
federal abandoned mine reclamation fund pursuant to section 6,453
402(g)(6) of Title IV of the "Surface Mining Control and 6,454
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201. All 6,455
investment earnings of the fund shall be credited to the fund. 6,456
151
The chief shall make expenditures from the fund, in 6,458
consultation with the United States department of agriculture, 6,459
soil conservation service, to implement acid mine drainage 6,460
abatement and treatment plans approved by the United States 6,461
secretary of the interior. The plans shall provide for the 6,462
comprehensive abatement of the causes and treatment of the 6,463
effects of acid mine drainage within qualified hydrologic units 6,464
affected by coal mining practices and shall include at least all 6,465
of the following:
(1) An identification of the qualified hydrologic unit. 6,467
As used in division (E) of this section, "qualified hydrologic 6,468
unit" means a hydrologic unit that meets all of the following 6,469
criteria:
(a) The water quality in the unit has been significantly 6,471
affected by acid mine drainage from coal mining practices in a 6,472
manner that has an adverse impact on biological resources; 6,473
(b) The unit contains lands and waters that meet the 6,475
eligibility requirements established under division (C) of this 6,476
section and any of the priorities established in divisions (B)(1) 6,477
to (3) of this section;
(c) The unit contains lands and waters that are proposed 6,479
to be the subject of expenditures from the reclamation forfeiture 6,480
fund created in section 1513.18 of the Revised Code, the 6,481
defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund created 6,482
in that section, or the unreclaimed lands fund created in section 6,483
1513.30 of the Revised Code.
(2) The extent to which acid mine drainage is affecting 6,485
the water quality and biological resources within the hydrologic 6,486
unit;
(3) An identification of the sources of acid mine drainage 6,488
within the hydrologic unit; 6,489
(4) An identification of individual projects and the 6,491
measures proposed to be undertaken to abate and treat the causes 6,492
or effects of acid mine drainage within the hydrologic unit; 6,493
152
(5) The cost of undertaking the proposed abatement and 6,495
treatment measures;
(6) An identification of existing and proposed sources of 6,497
funding for those measures; 6,498
(7) An analysis of the cost-effectiveness and 6,500
environmental benefits of abatement and treatment measures. 6,501
(F)(1) If the chief makes a finding of fact that land or 6,503
water resources have been adversely affected by past coal mining 6,504
practices; the adverse effects are at a stage where, in the 6,505
public interest, action to restore, reclaim, abate, control, or 6,506
prevent the adverse effects should be taken; the owners of the 6,507
land or water resources where entry must be made to restore, 6,508
reclaim, abate, control, or prevent the adverse effects of past 6,509
coal mining practices are not known or are not readily available; 6,510
or the owners will not give permission for the state, political 6,511
subdivisions, or their agents, employees, or contractors to enter 6,512
upon the property to restore, reclaim, abate, control, or prevent 6,513
the adverse effects of past coal mining practices; then, upon 6,514
giving notice by mail to the owners, if known, or, if not known, 6,515
by posting notice upon the premises and advertising once in a 6,516
newspaper of general circulation in the municipal corporation or 6,517
county in which the land lies, the chief or the chief's agents, 6,519
employees, or contractors may enter upon the property adversely 6,520
affected by past coal mining practices and any other property to 6,521
have access to the property to do all things necessary or 6,522
expedient to restore, reclaim, abate, control, or prevent the 6,523
adverse effects. The entry shall be construed as an exercise of 6,524
the police power for the protection of the public health, safety, 6,525
and general welfare and shall not be construed as an act of 6,526
condemnation of property nor of trespass thereon ON IT. The 6,527
moneys expended for the work and the benefits accruing to any 6,529
such premises so entered upon shall be chargeable against the 6,530
land and shall mitigate or offset any claim in or any action 6,531
brought by any owner of any interest in the premises for any 6,532
153
alleged damages by virtue of the entry, but this provision is not 6,533
intended to create new rights of action or eliminate existing 6,534
immunities.
(2) The chief or the chief's authorized representatives 6,536
may enter upon any property for the purpose of conducting studies 6,538
or exploratory work to determine the existence of adverse effects 6,539
of past coal mining practices and to determine the feasibility of 6,540
restoration, reclamation, abatement, control, or prevention of 6,541
such adverse effects. The entry shall be construed as an 6,542
exercise of the police power for the protection of the public 6,543
health, safety, and general welfare and shall not be construed as 6,544
an act of condemnation of property nor trespass thereon ON IT. 6,545
(3) The chief may acquire any land by purchase, donation, 6,547
or condemnation that is adversely affected by past coal mining 6,548
practices if the chief determines that acquisition of the land is 6,549
necessary to successful reclamation and that all of the following 6,550
apply:
(a) The acquired land, after restoration, reclamation, 6,552
abatement, control, or prevention of the adverse effects of past 6,553
coal mining practices, will serve recreation and historic 6,554
purposes, serve conservation and reclamation purposes, or provide 6,555
open space benefits; 6,556
(b) Permanent facilities such as a treatment plant or a 6,558
relocated stream channel will be constructed on the land for the 6,559
restoration, reclamation, abatement, control, or prevention of 6,560
the adverse effects of past coal mining practices; 6,561
(c) Acquisition of coal refuse disposal sites and all coal 6,563
refuse thereon will serve the purposes of this section or that 6,564
public ownership is desirable to meet emergency situations and 6,565
prevent recurrences of the adverse effects of past coal mining 6,566
practices. 6,567
(4)(a) Title to all lands acquired pursuant to this 6,569
section shall be in the name of the state. The price paid for 6,570
land acquired under this section shall reflect the market value 6,571
154
of the land as adversely affected by past coal mining practices. 6,572
(b) The chief may receive grants on a matching basis from 6,574
the secretary of the interior for the purpose of carrying out 6,575
this section. 6,576
(5)(a) Where land acquired pursuant to this section is 6,578
considered to be suitable for industrial, commercial, 6,579
residential, or recreational development, the chief may sell the 6,580
land by public sale under a system of competitive bidding at not 6,581
less than fair market value and under such other requirements 6,582
imposed by rule to ensure that the lands are put to proper use 6,583
consistent with local and state land use plans, if any, as 6,584
determined by the chief. 6,585
(b) The chief, when requested, and after appropriate 6,587
public notice, shall hold a public meeting in the county, 6,588
counties, or other appropriate political subdivisions of the 6,589
state in which lands acquired pursuant to this section are 6,590
located. The meetings shall be held at a time which THAT shall 6,591
afford local citizens and governments the maximum opportunity to 6,593
participate in the decision concerning the use or disposition of 6,594
the lands after restoration, reclamation, abatement, control, or 6,595
prevention of the adverse effects of past coal mining practices. 6,596
(6) In addition to the authority to acquire land under 6,598
division (F)(3) of this section, the chief may use money in the 6,599
fund to acquire land by purchase, donation, or condemnation, and 6,600
to reclaim and transfer acquired land to a political subdivision, 6,601
or to any person, if the chief determines that it is an integral 6,603
and necessary element of an economically feasible plan for the 6,604
construction or rehabilitation of housing for persons disabled as 6,605
the result of employment in the mines or work incidental thereto 6,606
TO THAT EMPLOYMENT, persons displaced by acquisition of land 6,607
pursuant to this section, persons dislocated as the result of 6,608
adverse effects of coal mining practices that constitute an 6,609
emergency as provided in the "Surface Mining Control and 6,610
Reclamation Act of 1977," 91 Stat. 466, 30 U.S.C.A. 1240, or 6,611
155
amendments thereto TO IT, or persons dislocated as the result of 6,613
natural disasters or catastrophic failures from any cause. Such 6,614
activities shall be accomplished under such terms and conditions 6,615
as the chief requires, which may include transfers of land with 6,616
or without monetary consideration, except that to the extent that 6,617
the consideration is below the fair market value of the land 6,618
transferred, no portion of the difference between the fair market 6,619
value and the consideration shall accrue as a profit to those 6,620
persons. No part of the funds provided under this section may be 6,621
used to pay the actual construction costs of housing. The chief 6,622
may carry out the purposes of this division (F)(6) OF THIS 6,623
SECTION directly or by making grants and commitments for grants, 6,625
and may advance money under such terms and conditions as the 6,626
chief may require to any agency or instrumentality of the state 6,628
or any public body or nonprofit organization designated by the 6,629
chief.
(G)(1) Within six months after the completion of projects 6,631
to restore, reclaim, abate, control, or prevent adverse effects 6,632
of past coal mining practices on privately owned land, the chief 6,633
shall itemize the moneys so expended and may file a statement 6,634
thereof OF THE EXPENDITURES in the office of the county recorder 6,635
of the county in which the land lies, together with a notarized 6,637
appraisal by an independent appraiser of the value of the land 6,638
before the restoration, reclamation, abatement, control, or 6,639
prevention of adverse effects of past coal mining practices if 6,640
the moneys so expended result in a significant increase in 6,641
property value. The statement shall constitute a lien upon the 6,642
land as of the date of the expenditures of the moneys and shall 6,643
have priority as a lien second only to the lien of real property 6,644
taxes imposed upon the land. The lien shall not exceed the 6,645
amount determined by the appraisal to be the increase in the FAIR 6,646
market value of the land as a result of the restoration, 6,647
reclamation, abatement, control, or prevention of the adverse 6,648
effects of past coal mining practices. No lien shall be filed 6,649
156
under this division (G) OF THIS SECTION against the property of 6,651
any person who owned the surface prior to May 2, 1977, and did
not consent to, participate in, or exercise control over the 6,652
mining operation that necessitated the reclamation performed. 6,653
(2) The landowner may petition, within sixty days after 6,655
the filing of the lien, to determine the increase in the FAIR 6,656
market value of the land as a result of the restoration, 6,657
reclamation, abatement, control, or prevention of the adverse 6,658
effects of past coal mining practices. The amount reported to be 6,659
the increase in value of the premises shall constitute the amount 6,660
of the lien and shall be recorded with the statement provided in 6,661
this section. Any party aggrieved by the decision may appeal as 6,662
provided by state law. 6,663
(3) The lien provided in this division (G) OF THIS SECTION 6,666
shall be recorded and indexed, under the name of the state and 6,667
the landowner, in a lien index in the office of the county 6,668
recorder of the county in which the land lies. The county 6,669
recorder shall impose no charge for the recording or indexing of 6,670
the lien. If the land is registered, the county recorder shall 6,671
make a notation and enter a memorial of the lien upon the page of 6,672
the register in which the last certificate of title to the land 6,673
is registered, stating the name of the claimant, amount claimed, 6,674
volume and page of the record where recorded, and exact time the 6,675
memorial was entered.
(4) The lien shall continue in force so long as any 6,677
portion of the amount of the lien remains unpaid. If the lien 6,678
remains unpaid at the time of conveyance of the land on which the 6,679
lien was placed, the conveyance may be set aside. Upon repayment 6,680
in full of the moneys expended under this section, the chief 6,682
promptly shall issue a certificate of release of the lien. Upon 6,683
presentation of the certificate of release, the county recorder 6,684
of the county in which the lien is recorded shall record the lien 6,685
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 6,687
157
upon the substantial failure of a landowner to pay any portion of 6,688
the amount of the lien. Before foreclosing any lien under this 6,689
section, the chief shall make a written demand upon the landowner 6,690
for payment. If the landowner does not pay the amount due within 6,691
sixty days, the chief shall refer the matter to the attorney 6,692
general, who shall institute a civil action to foreclose the
lien.
(H)(1) The chief may fill such voids, seal such abandoned 6,694
tunnels, shafts, and entryways, and reclaim surface impacts of 6,695
underground or strip mines that the chief determines could 6,696
endanger life and property, constitute a hazard to the public 6,698
health and safety, or degrade the environment. 6,699
(2) In those instances where mine waste piles are being 6,701
reworked for conservation purposes, the incremental costs of 6,702
disposing of the wastes from those operations by filling voids 6,703
and sealing tunnels may be eligible for funding, provided that 6,704
the disposal of these wastes meets the purposes of this section. 6,705
(3) The chief may acquire by purchase, donation, easement, 6,707
or otherwise such interest in land as the chief determines 6,708
necessary to carry out this division (H) OF THIS SECTION. 6,710
(I) Not later than January 1, 1978, and annually 6,712
thereafter, the THE chief shall report ANNUALLY to the secretary 6,714
of the interior on operations under the fund and include 6,715
recommendations as to its future uses. 6,716
(J)(1) The chief may engage in any work and do all things 6,718
necessary or expedient, including the adoption of rules, to 6,719
implement and administer this section. 6,720
(2) The chief may engage in cooperative projects under 6,722
this section with any agency of the United States, any other 6,723
state, or their governmental agencies OR WITH ANY STATE 6,724
UNIVERSITY OR COLLEGE AS DEFINED IN SECTION 3345.27 OF THE 6,725
REVISED CODE.
(3) The chief may request the attorney general to initiate 6,727
in any court of competent jurisdiction an action in equity for an 6,728
158
injunction to restrain any interference with the exercise of the 6,729
right to enter or to conduct any work provided in this section, 6,730
which remedy is in addition to any other remedy available under 6,731
this section. 6,732
(4) The chief may construct or operate a plant or plants 6,734
for the control and treatment of water pollution resulting from 6,735
mine drainage. The extent of this control and treatment may be 6,736
dependent upon the ultimate use of the water. Division (J)(4) of 6,737
this section does not repeal or supersede any portion of the 6,738
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 6,739
U.S.C.A. 1151, as amended, and no control or treatment under 6,740
division (J)(4) of this section, in any way, shall be less than 6,741
that required by that act. The construction of a plant or plants 6,742
may include major interceptors and other facilities appurtenant 6,743
to the plant. 6,744
(5) The chief may transfer money from the ABANDONED MINE 6,746
RECLAMATION FUND AND THE ACID MINE DRAINAGE ABATEMENT AND 6,748
TREATMENT fund to other appropriate state agencies OR TO STATE 6,749
UNIVERSITIES OR COLLEGES in order to carry out the reclamation 6,750
activities authorized by this section. 6,751
(K) The chief may contract for any part of work to be 6,753
performed under this section, with or without advertising for 6,754
bids, if the chief determines that a condition exists that could 6,756
reasonably be expected to cause substantial physical harm to 6,757
persons, property, or the environment and to which persons or 6,758
improvements on real property are currently exposed. 6,759
The chief shall require every contractor performing 6,761
reclamation work under this section to pay its workers at the 6,762
greater of their regular rate of pay, as established by contract, 6,763
agreement, or prior custom or practice, or the average wage rate 6,764
paid in this state for the same or similar work as determined by 6,765
the chief under section 1513.02 of the Revised Code. 6,766
(L)(1) The chief may contract for the emergency 6,768
restoration, reclamation, abatement, control, or prevention of 6,769
159
adverse effects of mining practices on eligible lands if the 6,770
chief determines that an emergency exists constituting a danger 6,771
to the public health, safety, or welfare and that no other person 6,772
or agency will act expeditiously to restore, reclaim, abate, 6,773
control, or prevent those adverse effects. The chief may enter 6,774
into a contract for emergency work under this division (L) OF 6,775
THIS SECTION without advertising for bids. Any such contract or 6,776
any purchase of materials for emergency work under this division 6,777
(L) OF THIS SECTION is not subject to division (B) of section 6,779
127.16 of the Revised Code.
(2) The chief or the chief's agents, employees, or 6,781
contractors may enter on any land where such an emergency exists, 6,783
and on other land in order to have access to that land, in order 6,784
to restore, reclaim, abate, control, or prevent the adverse 6,785
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 6,786
an entry shall be construed as an exercise of the police power 6,787
and shall not be construed as an act of condemnation of property 6,788
or of trespass. The moneys expended for the work and the 6,789
benefits accruing to any premises so entered upon shall be 6,790
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 6,791
the premises for any alleged damages by virtue of the entry. 6,793
This provision is not intended to create new rights of action or 6,794
eliminate existing immunities.
Sec. 1515.03. Each county shall have a soil and water 6,803
conservation district coextensive with the geographic area of the 6,804
county, and each district shall constitute a political 6,805
subdivision of this state. On May 2, 1980, each existing 6,806
district created pursuant to former section 1515.03 of the
Revised Code shall include the entire county in which it is 6,807
located.
A municipal corporation may remove itself from or reinstate 6,809
itself in the territory of a soil and water conservation district 6,810
160
by filing a resolution of its legislative authority with the soil 6,811
and water conservation commission at least sixty days before the 6,812
effective date of the removal or reinstatement. 6,813
Sec. 1515.08. The supervisors of a soil and water 6,823
conservation district have the following powers in addition to 6,824
their other powers: 6,825
(A) To conduct surveys, investigations, and research 6,827
relating to the character of soil erosion, floodwater and 6,828
sediment damages, and the preventive and control measures and 6,829
works of improvement for flood prevention and the conservation, 6,830
development, utilization, and disposal of water needed within the 6,831
district, and to publish the results of those surveys, 6,832
investigations, or research, provided that no district shall 6,833
initiate any research program except in cooperation or after 6,834
consultation with the Ohio agricultural research and development 6,835
center; 6,836
(B) To develop plans for the conservation of soil 6,838
resources, for the control and prevention of soil erosion, and 6,839
for works of improvement for flood prevention and the 6,840
conservation, development, utilization, and disposal of water 6,841
within the district, and to publish those plans and information; 6,842
(C) To implement, construct, repair, maintain, and operate 6,844
preventive and control measures and other works of improvement 6,845
for natural resource conservation and development and flood 6,846
prevention, and the conservation, development, utilization, and 6,847
disposal of water within the district on lands owned or 6,848
controlled by this state or any of its agencies and on any other 6,849
lands within the district, which works may include any facilities 6,850
authorized under state or federal programs, and to acquire, by 6,851
purchase or gift, to hold, encumber, or dispose of, and to lease 6,852
real and personal property or interests in such property for 6,853
those purposes; 6,854
(D) To cooperate or enter into agreements with any 6,856
occupier of lands within the district in the carrying on of 6,857
161
natural resource conservation operations and works of improvement 6,858
for flood prevention and the conservation, development, 6,859
utilization, and management of natural resources within the 6,860
district, subject to such conditions as the supervisors consider 6,861
necessary; 6,862
(E) To accept donations, gifts, grants, and contributions 6,864
in money, service, materials, or otherwise, and to use or expend 6,865
them according to their terms; 6,866
(F) To adopt, amend, and rescind rules to carry into 6,868
effect the purposes and powers of the district; 6,869
(G) To sue and plead in the name of the district, and be 6,871
sued and impleaded in the name of the district, with respect to 6,872
its contracts and, as indicated in section 1515.081 of the 6,873
Revised Code, certain torts of its officers, employees, or agents 6,874
acting within the scope of their employment or official 6,875
responsibilities, or with respect to the enforcement of its 6,876
obligations and covenants made under this chapter; 6,877
(H) To make and enter into all contracts, leases, and 6,879
agreements and execute all instruments necessary or incidental to 6,880
the performance of the duties and the execution of the powers of 6,881
the district under this chapter, provided that ALL OF THE 6,882
FOLLOWING APPLY: 6,883
(1) When EXCEPT AS PROVIDED IN SECTION 307.86 OF THE 6,885
REVISED CODE REGARDING EXPENDITURES BY BOARDS OF COUNTY 6,886
COMMISSIONERS, WHEN the cost under any such contract, lease, or 6,887
agreement, other than compensation for personal services or 6,888
rental of office space, involves an expenditure of more than ten 6,889
thousand dollars THE AMOUNT ESTABLISHED IN THAT SECTION REGARDING 6,890
EXPENDITURES BY BOARDS OF COUNTY COMMISSIONERS, the supervisors 6,891
shall make a written contract with the lowest and best bidder 6,893
after advertisement, for not less than two nor more than four 6,894
consecutive weeks preceding the day of the opening of bids, in a 6,895
newspaper of general circulation within the district and in such 6,896
other publications as the supervisors determine. The notice 6,897
162
shall state the general character of the work and materials to be 6,898
furnished, the place where plans and specifications may be 6,899
examined, and the time and place of receiving bids. 6,900
(2) Each bid for a contract shall contain the full name of 6,902
every person interested in it.; 6,903
(3) Each bid for a contract for the construction, 6,905
demolition, alteration, repair, or reconstruction of an 6,906
improvement shall meet the requirements of section 153.54 of the 6,907
Revised Code.; 6,908
(4) Each bid for a contract, other than a contract for the 6,910
construction, demolition, alteration, repair, or reconstruction 6,911
of an improvement, at the discretion of the supervisors, may be 6,912
accompanied by a bond or certified check on a solvent bank in an 6,913
amount not to exceed five per cent of the bid, conditioned that, 6,914
if the bid is accepted, a contract shall be entered into.; 6,915
(5) The supervisors may reject any and all bids. 6,917
(I) To make agreements with the department of natural 6,919
resources giving it control over lands of the district for the 6,920
purpose of construction of improvements by the department under 6,921
section 1501.011 of the Revised Code; 6,922
(J) To charge, alter, and collect rentals and other 6,924
charges for the use or services of any works of the district; 6,925
(K) To enter, either in person or by designated 6,927
representatives, upon lands, private or public, in the necessary 6,928
discharge of their duties; 6,929
(L) To enter into agreements or contracts with the 6,931
department for the determination, implementation, inspection, and 6,932
funding of agricultural pollution abatement and urban sediment 6,933
pollution abatement measures whereby landowners, operators, 6,934
managers, and developers may meet adopted state standards for a 6,935
quality environment, except that failure of a district board of 6,936
supervisors to negotiate an agreement or contract with the 6,937
department shall authorize the division of soil and water 6,938
conservation to implement the required program; 6,939
163
(M) To conduct demonstrations and provide information to 6,941
the public regarding practices and methods for natural resource 6,942
conservation, development, and utilization; 6,943
(N) Until June 1, 1996, to conduct surveys and 6,945
investigations relating to the incidence of the multiflora rose 6,946
within the district and of the nature and extent of the adverse 6,947
effects of the multiflora rose on agriculture, forestry, 6,948
recreation, and other beneficial land uses; 6,949
(O) Until June 1, 1996, to develop plans for the control 6,951
of the multiflora rose within the district and to publish those 6,952
plans and information related to control of the multiflora rose; 6,953
(P) Until June 1, 1996, to enter into contracts or 6,955
agreements with the chief of the division of soil and water 6,956
conservation to implement and administer a program for control of 6,957
the multiflora rose and to receive and expend funds provided by 6,958
the chief for that purpose; 6,959
(Q) Until June 1, 1996, to enter into cost-sharing 6,961
agreements with landowners for control of the multiflora rose. 6,962
Before entering into any such agreement, the board of supervisors 6,963
shall determine that the landowner's application meets the 6,964
eligibility criteria established under division (E)(6) of section 6,965
1511.02 of the Revised Code. The cost-sharing agreements shall 6,966
contain the contract provisions required by the rules adopted 6,967
under that division and such other provisions as the board of 6,968
supervisors considers appropriate to ensure effective control of 6,969
the multiflora rose. 6,970
(R) To enter into contracts or agreements with the chief 6,972
to implement and administer a program for urban sediment 6,973
pollution abatement and to receive and expend moneys provided by 6,974
the chief for that purpose; 6,975
(S) To develop operation and management plans, as defined 6,977
in section 1511.01 of the Revised Code, as necessary; 6,978
(T) To determine whether operation and management plans 6,980
developed under division (A) of section 1511.021 of the Revised 6,981
164
Code comply with the standards established under division (E)(1) 6,982
of section 1511.02 of the Revised Code and to approve or 6,983
disapprove the plans, based on such compliance. If an operation 6,984
and management plan is disapproved, the board shall provide a 6,985
written explanation to the person who submitted the plan. The 6,986
person may appeal the plan disapproval to the chief, who shall 6,987
afford the person a hearing. Following the hearing, the chief 6,988
shall uphold the plan disapproval or reverse it. If the chief 6,989
reverses the plan disapproval, the plan shall be deemed approved 6,990
under this division. In the event that any person operating or 6,991
owning agricultural land or a concentrated animal feeding 6,992
operation in accordance with an approved operation and management 6,993
plan who, in good faith, is following that plan, causes 6,994
agricultural pollution, the plan shall be revised in a fashion 6,995
necessary to mitigate the agricultural pollution, as determined 6,996
and approved by the board of supervisors of the soil and water 6,997
conservation district. 6,998
(T)(U) With regard to composting conducted in conjunction 7,000
with agricultural operations, to do all of the following: 7,001
(1) Upon request or upon their own initiative, inspect 7,003
composting at any such operation to determine whether the 7,004
composting is being conducted in accordance with section 1511.022 7,005
of the Revised Code; 7,006
(2) If the board determines that composting is not being 7,008
so conducted, request the chief to issue an order under division 7,009
(H) of section 1511.02 of the Revised Code requiring the person 7,010
who is conducting the composting to prepare a composting plan in 7,011
accordance with rules adopted under division (E)(10)(c) of that 7,012
section and to operate in accordance with that plan or to operate 7,013
in accordance with a previously prepared plan, as applicable; 7,014
(3) In accordance with rules adopted under division 7,016
(E)(10)(c) of section 1511.02 of the Revised Code, review and 7,017
approve or disapprove any such composting plan. If a plan is 7,018
disapproved, the board shall provide a written explanation to the 7,019
165
person who submitted the plan. 7,020
As used in division (T)(U) of this section, "composting" 7,022
has the same meaning as in section 1511.01 of the Revised Code. 7,023
(U)(V) To do all acts necessary or proper to carry out the 7,025
powers granted in this chapter. 7,026
The director of natural resources shall make 7,028
recommendations to reduce the adverse environmental effects of 7,029
each project that a soil and water conservation district plans to 7,030
undertake under division (A), (B), (C), or (D) of this section 7,031
and that will be funded in whole or in part by moneys authorized 7,032
under section 1515.16 of the Revised Code and shall disapprove 7,033
any such project which he THAT THE DIRECTOR finds will adversely 7,034
affect the environment without equal or greater benefit to the 7,036
public. The director's disapproval or recommendations, upon the 7,037
request of the district filed in accordance with rules adopted by 7,038
the Ohio soil and water conservation commission, shall be 7,039
reviewed by the commission, which may confirm the director's 7,040
decision, modify it, or add recommendations TO or approve a 7,041
project the director has disapproved. 7,042
Sec. 1515.24. Upon receipt of a certification made by the 7,051
supervisors of a soil and water conservation district pursuant to 7,052
section 1515.20 of the Revised Code, the board of county 7,053
commissioners may levy upon the property within the project area 7,054
an assessment at a uniform or varied rate based upon the benefit 7,055
to the area certified by the supervisors, as necessary to pay the 7,056
cost of construction of the improvement not otherwise funded and 7,057
to repay advances made for purposes of the improvement from the 7,058
fund created by section 1515.15 of the Revised Code. The board 7,059
of county commissioners shall direct the person or authority 7,060
preparing assessments to give primary consideration, in 7,061
determining a parcel's estimated assessments relating to the 7,062
disposal of water, to the potential increase in productivity that 7,063
the parcel may experience as a result of the improvement and also 7,064
to give consideration to the amount of water disposed of, the 7,065
166
location of the property relative to the project, the value of 7,066
the project to the watershed, and benefits as defined in division 7,067
(F) of section 6131.01 of the Revised Code. Such THE part of the 7,069
assessment as THAT is found to benefit state, county, or township 7,070
roads or highways or municipal streets shall be assessed against 7,071
the state, county, township, or municipal corporation, 7,072
respectively, payable from motor vehicle revenues. Such THE part 7,074
of the assessment as THAT is found to benefit property owned by 7,075
any public corporation, any political subdivision of the state, 7,076
or the state shall be assessed against the public corporation, 7,077
the political subdivision, or the state and shall be paid out of 7,078
the general funds or motor vehicle revenues of the public 7,079
corporation, the political subdivision of the state, or the 7,080
state, except as otherwise provided by law. The 7,081
THE assessment shall be certified to the county auditor, 7,084
and by him THE COUNTY AUDITOR to the county treasurer. The 7,086
collection of such THE assessment shall conform in all matters to 7,088
Chapter 323. of the Revised Code. Any land owned and managed by 7,089
the department of natural resources for wildlife, recreation, 7,090
nature preserve, or forestry purposes is exempt from assessments 7,091
if the director of natural resources determines that the land 7,092
derives no benefit from the improvement. In making such a 7,093
determination, the director shall consider the purposes for which 7,094
the land is owned and managed and any relevant articles of
dedication or existing management plans for the land. If the 7,095
director determines that the land derives no benefit from the 7,096
improvement, he THE DIRECTOR shall notify the board of county 7,097
commissioners, within thirty days after receiving the assessment 7,099
notification required by this section, indicating that he THE 7,100
DIRECTOR has determined that the land is to be exempt and 7,102
explaining his THE specific reason for making this determination. 7,104
The board of county commissioners may, within thirty days after 7,105
receiving the director's exemption notification, MAY appeal this 7,106
THE determination to the court of common pleas. If the court of 7,108
167
common pleas finds in favor of the board of county commissioners, 7,109
the department of natural resources shall pay all court costs and 7,110
legal fees.
If the assessment is to be made at a varied rate, the board 7,112
shall give notice by first class mail to every public and private 7,113
property owner whose property is subject to assessment, at the 7,114
tax mailing or other known address of the owner. Such THE notice 7,116
shall contain a statement of the amount to be assessed against 7,117
the property of the addressee and a statement that he THE 7,118
ADDRESSEE may file an objection in writing at the office of the 7,120
board of county commissioners within thirty days after the 7,121
mailing of notice. If the residence of any owner cannot be 7,122
ascertained, or if any mailed notice is returned undelivered, the 7,123
board shall publish such THE notice to all such owners in a 7,124
newspaper of general circulation within the project area, at 7,125
least once each week for three weeks, which notice shall include 7,126
the information contained in the mailed notice, but it shall 7,127
state that the owner may file an objection in writing at the 7,128
office of the board of county commissioners within thirty days 7,129
after the last publication of such THE notice. 7,130
Upon receipt of objections as provided in this section, the 7,132
board shall proceed within thirty days to hold a final hearing 7,133
upon ON the objections by fixing a date and giving notice by 7,134
first class mail to the objectors at such THE address as provided 7,137
in filing his THE objection. If any mailed notice is returned 7,138
undelivered, the board shall give due notice to such THE 7,140
objectors in a newspaper of general circulation in the project 7,142
area, stating the time, place, and purpose of the hearing. Upon 7,143
hearing the objectors, the board may amend and shall approve the 7,144
final schedule of assessments by journal entry. 7,145
Any owner whose objection is not allowed may appeal within 7,147
thirty days to the court of common pleas of the county in which 7,148
the property is located. 7,149
Any moneys collected in excess of the amount needed for 7,151
168
construction of the improvement and the subsequent first year's 7,152
maintenance may be maintained in a fund to be used for 7,153
maintenance of the improvement. In any year subsequent to a year 7,154
in which an assessment for construction of an improvement levied 7,155
under this section has been collected, and upon determination by 7,156
the board of county commissioners that funds are not otherwise 7,157
available for maintenance or repair of the improvement, the board 7,158
shall levy upon ON the property within the project area an 7,159
assessment for maintenance at a uniform percentage of all 7,160
construction costs based upon the assessment schedule used in 7,161
determining the construction assessment. Such THE assessment is 7,162
not subject to the provisions concerning notice and petition 7,164
contained in section 1515.25 of the Revised Code. An assessment 7,165
for maintenance shall not be levied in any year in which the 7,166
unencumbered balance of funds available for maintenance of the 7,167
improvements IMPROVEMENT exceeds twenty per cent of the cost of 7,168
construction of the improvement, except that the board may adjust 7,170
the level of assessment within the twenty per cent limitation, or 7,171
suspend temporarily the levying of an assessment, for maintenance 7,172
purposes as maintenance funds are needed. 7,173
FOR THE PURPOSE OF LEVYING AN ASSESSMENT FOR MAINTENANCE OF 7,176
AN IMPROVEMENT, A BOARD MAY USE THE PROCEDURES ESTABLISHED IN 7,177
CHAPTER 6137. OF THE REVISED CODE REGARDING MAINTENANCE OF 7,179
IMPROVEMENTS AS DEFINED IN SECTION 6131.01 OF THE REVISED CODE IN 7,182
LIEU OF USING THE PROCEDURES ESTABLISHED UNDER THIS SECTION. 7,183
The board of county commissioners may issue bonds and notes 7,185
as authorized by section 131.23 or 133.17 of the Revised Code. 7,186
Sec. 1517.10. (A) As used in this section, "felony" has 7,197
the same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person selected by the chief of the division of 7,200
natural areas and preserves for custodial or patrol service on 7,201
the lands and waters operated or administered by the division 7,202
shall be employed in conformity with the law applicable to the 7,203
classified civil service of the state. Subject to division (C) 7,204
169
of this section, the chief may designate that person as a 7,205
preserve officer. A preserve officer has, in any nature 7,206
preserve, in any natural area owned or managed through easement, 7,207
license, or lease by the department of natural resources and 7,208
administered by the division, and on lands owned or managed 7,209
through easement, license, or lease by the department and 7,210
administered by the division that are within or adjacent to any 7,211
wild, scenic, or recreational river area established under this 7,212
chapter and along any trail established under Chapter 1519. of 7,213
the Revised Code, HAS the authority vested in police officers 7,214
SPECIFIED under section 2935.03 of the Revised Code FOR PEACE 7,215
OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES to keep the 7,216
peace, to enforce all laws and rules governing those lands and 7,217
waters, and to make arrests for violation of those laws and
rules, provided that such THE authority shall be exercised on 7,218
lands or waters administered by another division of the 7,220
department only pursuant to an agreement with the chief of that 7,221
division or to a request for assistance by an enforcement officer 7,222
of that division in an emergency. A preserve officer, in or 7,223
along any watercourse within, abutting, or upstream from the 7,224
boundary of any area administered by the department, has the 7,225
authority to enforce section 3767.32 of the Revised Code and any 7,226
other laws prohibiting the dumping of refuse into or along 7,227
waters, and to make arrests for violation of those laws. The 7,228
jurisdiction of a preserve officer shall be concurrent with that 7,229
of the peace officers of the county, township, or municipal 7,230
corporation in which the violation occurs. 7,231
The governor, upon the recommendation of the chief, shall 7,233
issue to each preserve officer a commission indicating authority 7,234
to make arrests as provided in this section. 7,235
The chief shall furnish a suitable badge to each 7,237
commissioned preserve officer as evidence of the preserve 7,238
officer's authority. 7,239
(2) If any person employed under this section is 7,241
170
designated by the chief to act as an agent of the state in the 7,242
collection of money resulting from the sale of licenses, fees of 7,243
any nature, or other money belonging to the state, the chief 7,244
shall require a surety bond from the person in an amount not less 7,245
than one thousand dollars. 7,246
(C)(1) The chief of the division of natural areas and 7,249
preserves shall not designate a person as a preserve officer 7,250
pursuant to division (B)(1) of this section on a permanent basis, 7,251
on a temporary basis, for a probationary term, or on other than a 7,252
permanent basis if the person previously has been convicted of or 7,253
has pleaded guilty to a felony.
(2)(a) The chief of the division of natural areas and 7,256
preserves shall terminate the employment as a preserve officer of 7,257
a person designated as a preserve officer under division (B)(1) 7,258
of this section if that person does either of the following: 7,259
(i) Pleads guilty to a felony; 7,261
(ii) Pleads guilty to a misdemeanor pursuant to a 7,263
negotiated plea agreement as provided in division (D) of section 7,265
2929.29 of the Revised Code in which the preserve officer agrees 7,267
to surrender the certificate awarded to the preserve officer 7,268
under section 109.77 of the Revised Code. 7,269
(b) The chief shall suspend from employment as a preserve 7,272
officer a person designated as a preserve officer under division 7,273
(B)(1) of this section if that person is convicted, after trial, 7,274
of a felony. If the preserve officer files an appeal from that 7,275
conviction and the conviction is upheld by the highest court to 7,277
which the appeal is taken or if the preserve officer does not 7,278
file a timely appeal, the chief shall terminate the employment of 7,279
that preserve officer. If the preserve officer files an appeal 7,280
that results in the preserve officer's acquittal of the felony or 7,281
conviction of a misdemeanor, or in the dismissal of the felony 7,282
charge against the preserve officer, the chief shall reinstate 7,283
that preserve officer. A preserve officer who is reinstated 7,284
under division (C)(2)(b) of this section shall not receive any 7,286
171
back pay unless that preserve officer's conviction of the felony
was reversed on appeal, or the felony charge was dismissed, 7,288
because the court found insufficient evidence to convict the 7,289
preserve officer of the felony.
(3) Division (C) of this section does not apply regarding 7,292
an offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of 7,294
the employment, of a preserve officer under division (C)(2) of 7,295
this section shall be in accordance with Chapter 119. of the 7,296
Revised Code.
Sec. 1517.14. As used in sections 1517.14 to 1517.18 of 7,306
the Revised Code, "watercourse" means a substantially natural 7,307
channel with recognized banks and bottom, in which a flow of 7,308
water occurs, with an average of at least ten feet mean surface 7,309
water width and at least five miles of length. The director of 7,310
natural resources or his THE DIRECTOR'S representative may 7,311
create, supervise, operate, protect, and maintain wild, scenic, 7,313
and recreational river areas under the classifications 7,314
established in section 1517.15 of the Revised Code. The director 7,315
or his THE DIRECTOR'S representative may prepare and maintain a 7,317
plan for the establishment, development, use, and administration 7,318
of those areas as a part of the comprehensive state plans for 7,319
water management and outdoor recreation. The director or his THE 7,320
DIRECTOR'S representative may cooperate with federal agencies 7,322
administering any federal program concerning wild, scenic, or 7,323
recreational river areas.
The director may propose for establishment as a wild, 7,325
scenic, or recreational river area a part or parts of any 7,326
watercourse in this state, with adjacent lands, which THAT in his 7,328
THE DIRECTOR'S judgment possesses water conservation, scenic, 7,330
fish, wildlife, historic, or outdoor recreation values which THAT 7,331
should be preserved, using the classifications established in 7,333
section 1517.15 of the Revised Code. The area shall include 7,334
lands adjacent to the watercourse in sufficient width to 7,335
172
preserve, protect, and develop the natural character of the 7,336
watercourse, but shall not include any lands more than one 7,337
thousand feet from the normal waterlines of the watercourse 7,338
unless an additional width is necessary to preserve water 7,339
conservation, scenic, fish, wildlife, historic, or outdoor 7,340
recreation values.
The director shall publish his THE intention to declare an 7,342
area a wild, scenic, or recreational river area at least once in 7,343
a newspaper of general circulation in each county, any part of 7,344
which is within the area, and shall send written notice of his 7,345
THE intention to the legislative authority of each county, 7,347
township, and municipal corporation and to each conservancy 7,348
district established under Chapter 6101. of the Revised Code, any 7,349
part of which is within the area, and to the director of 7,350
transportation, the director of development, the director of 7,351
administrative services, and the director of environmental 7,352
protection. The notices shall include a copy of a map and 7,353
description of the area. 7,354
After thirty days from the last date of publication or 7,356
dispatch of written notice as required in this section, the 7,357
director shall enter a declaration in his THE DIRECTOR'S journal 7,358
that the area is a wild, scenic, or recreational river area. 7,360
When so entered, the area is a wild, scenic, or recreational 7,361
river area. The director, after thirty days' notice as 7,362
prescribed in this section and upon the approval of the 7,363
recreational RECREATION and resources commission CREATED IN 7,364
SECTION 1501.04 OF THE REVISED CODE, may terminate the status of 7,365
an area as a wild, scenic, or recreational river area by an entry 7,366
in his THE DIRECTOR'S journal. 7,367
Declaration by the director that an area is a wild, scenic, 7,369
or recreational river area does not authorize the director or any 7,370
governmental agency or political subdivision to restrict the use 7,371
of land by the owner thereof or any person acting under his THE 7,372
LANDOWNER'S authority or to enter upon the land AND DOES NOT 7,375
173
EXPAND OR ABRIDGE THE REGULATORY AUTHORITY OF ANY GOVERNMENTAL 7,376
AGENCY OR POLITICAL SUBDIVISION OVER THE AREA. 7,377
The chief of the division of natural areas and preserves or 7,379
his THE CHIEF'S representative may participate in watershed-wide 7,380
planning with federal, state, and local agencies in order to 7,382
protect the values of wild, scenic, and recreational river areas. 7,383
Sec. 1517.99. (A) Whoever (1) EXCEPT AS PROVIDED IN 7,392
DIVISION (A)(2) OF THIS SECTION, WHOEVER violates division (A) of 7,394
section 1517.021 or section 1517.051 of the Revised Code shall be 7,395
fined not less than twenty-five nor more than five hundred 7,397
dollars for a first offense; for each subsequent offense the 7,398
person shall be fined not less than two hundred nor more than one
thousand dollars IS GUILTY OF A MINOR MISDEMEANOR. 7,399
(2) WHOEVER VIOLATES SECTION 1517.021 OF THE REVISED CODE 7,404
WITH REGARD TO A SPECIES OF PLANT IDENTIFIED IN A RULE ADOPTED 7,405
UNDER OR INCLUDED ON A LIST PREPARED UNDER SECTION 1518.01 OF THE 7,406
REVISED CODE OR A SPECIES OF WILDLIFE IDENTIFIED IN A RULE 7,409
ADOPTED UNDER SECTION 1531.25 OF THE REVISED CODE IS GUILTY OF A 7,411
MISDEMEANOR OF THE THIRD DEGREE FOR A FIRST OFFENSE. FOR EACH 7,412
SUBSEQUENT OFFENSE, THE PERSON IS GUILTY OF A MISDEMEANOR OF THE 7,413
SECOND DEGREE. 7,414
(B) Whoever violates division (A) of section 1517.24 or 7,416
section 1517.25 of the Revised Code is guilty of a misdemeanor of 7,417
the third degree.
(C) Whoever violates division (B) of section 1517.24 of 7,419
the Revised Code is guilty of a misdemeanor of the second degree. 7,420
(D) WHOEVER VIOLATES SECTION 1517.051 OF THE REVISED CODE 7,423
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 1518.99. (A) Whoever violates section 1518.02 of the 7,432
Revised Code is guilty of a minor misdemeanor. 7,433
(B) Whoever violates section 1518.05 of the Revised Code 7,435
shall be fined not less than one thousand dollars nor more than 7,436
five thousand dollars for the first offense; for each subsequent 7,437
offense the person shall be fined not less than two thousand 7,438
174
dollars nor more than ten thousand dollars.
(C) Whoever violates section 1518.23 or 1518.24 of the 7,440
Revised Code is guilty of a misdemeanor of the first degree. 7,442
Sec. 1520.01. As used in this chapter: 7,451
(A) "Canal lands" includes any part of the bed, berm, 7,454
bank, or slope of any canal, canal basin, or CANAL reservoir or 7,455
of any lock, aqueduct, dam, culvert, tunnel, feeder, or side cut 7,456
formerly a part of any canal system in this state, whether or not 7,457
abandoned; the outer slope of any towing path embankment formerly 7,458
a part of any canal system in this state; and any tract of land 7,459
that was a part of or intended for the use of any canal system in 7,460
this state. "Canal lands" means only those canal lands that are
the property of the state. 7,461
(B) "Reservoir CANAL RESERVOIR" means any man-made 7,463
ARTIFICIAL lake or impoundment, including any run-of-the-river 7,464
reservoir, that was constructed to provide water to any canal 7,465
system in this state. 7,466
(C) "DOMESTIC USE" MEANS THE WITHDRAWAL OF WATER FROM A 7,468
CANAL OR CANAL RESERVOIR BY AN INDIVIDUAL FOR USE ON RESIDENTIAL 7,470
PROPERTY BY MEANS OF A PUMP OR OTHER DEVICE THAT GENERALLY HAS A 7,471
DISCHARGE LINE WITH AN OUTSIDE DIAMETER OF NOT MORE THAN ONE AND 7,472
ONE-HALF INCHES.
Sec. 1520.02. (A) The director of natural resources has 7,481
exclusive authority to administer, manage, and establish policies 7,482
governing canal lands. 7,483
(B)(1) Except as provided in division (C) of this section, 7,485
the director may sell, lease, exchange, give, or grant all or 7,486
part of the state's interest in any canal lands in accordance 7,487
with section 1501.01 of the Revised Code. The director may 7,488
stipulate that an appraisal or survey need not be conducted for, 7,489
and may establish any terms or conditions that he THE DIRECTOR 7,490
determines appropriate for, any such convenyance CONVEYANCE. 7,491
(2) WITH REGARD TO CANAL LANDS, THE CHIEF OF THE DIVISION 7,494
OF WATER, WITH THE APPROVAL OF THE DIRECTOR, MAY SELL, LEASE, OR 7,495
175
TRANSFER MINERALS OR MINERAL RIGHTS WHEN THE CHIEF AND THE 7,496
DIRECTOR DETERMINE THAT THE SALE, LEASE, OR TRANSFER IS IN THE 7,497
BEST INTEREST OF THE STATE. CONSIDERATION FOR MINERALS AND 7,498
MINERAL RIGHTS SHALL BE BY RENTAL OR ON A ROYALTY BASIS AS 7,499
PRESCRIBED BY THE CHIEF AND PAYABLE AS PRESCRIBED BY CONTRACT. 7,500
MONEYS COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION SHALL BE 7,502
PAID INTO THE STATE TREASURY TO THE CREDIT OF THE CANAL LANDS 7,503
FUND CREATED IN SECTION 1520.05 OF THE REVISED CODE. 7,505
(C)(1) Not later than one year after July 1, 1989, the 7,507
director of transportation and the director of the Ohio 7,508
historical society shall indentify IDENTIFY all canal lands that 7,509
are or may be of use to any program operated by the department of 7,510
transportation or the Ohio historical society, respectively, and 7,511
shall notify the director of natural resources of those lands. 7,512
The director of natural resources may transfer any canal lands so 7,513
identified to the exclusive care, custody, and control of the 7,514
department of transportation or the Ohio historical society, as 7,515
applicable, by means of a departmental transfer not later than 7,516
six months after receiving notification under division (C)(1) of 7,517
this section. 7,518
(2) The director of natural resources may transfer to the 7,520
Ohio historical society any equipment, maps, and records used on 7,521
or related to canal lands that are of historical interest and 7,522
that are not needed by the director to administer this chapter. 7,523
(D) If the director of natural resources determines that 7,525
any canal lands are a necessary part of a county's drainage or 7,526
ditch system and are not needed for any purpose of the department 7,527
of natural resources, the director may sell, grant, or otherwise 7,528
convey those canal lands to that county in accordance with 7,529
division (B) of this section. The board of county commissioners 7,530
shall accept the transfer of canal lands. 7,531
(E) Notwithstanding any other section of the Revised Code, 7,533
the county auditor shall transfer any canal lands conveyed under 7,534
this section, and the county recorder shall record the deed for 7,535
176
those lands in accordance with section 317.12 of the Revised 7,536
Code. This division does not apply to canal lands transferred 7,537
under division (C)(1) of this section. 7,538
Sec. 1520.03. (A) The director of natural resources may 7,547
appropriate real property in accordance with Chapter 163. of the 7,548
Revised Code for the purpose of administering this chapter. 7,549
(B) The director shall operate and maintain all canals and 7,551
CANAL reservoirs owned by the state except those canals that are 7,553
operated by the Ohio historical society on July 1, 1989. 7,554
(C) The director may sell or lease water from any canal or 7,556
CANAL reservoir that he THE DIRECTOR operates and maintains only 7,557
to the extent that the water is in excess of the quantity that is 7,558
required for navigation, recreation, and wildlife purposes. The 7,559
director shall MAY adopt, and may amend, and rescind, rules in 7,561
accordance with Chapter 119. of the Revised Code necessary to 7,562
administer this division.
THE WITHDRAWAL OF WATER FROM ANY CANAL OR CANAL RESERVOIR 7,565
FOR DOMESTIC USE IS EXEMPT FROM THIS DIVISION. HOWEVER, THE 7,566
DIRECTOR MAY REQUIRE WATER CONSERVATION MEASURES FOR WATER THAT 7,567
IS WITHDRAWN FROM ANY CANAL OR CANAL RESERVOIR FOR DOMESTIC USE 7,568
DURING DROUGHT CONDITIONS OR OTHER EMERGENCIES DECLARED BY THE 7,569
GOVERNOR.
(D) No person shall take or divert water from any canal or 7,571
CANAL reservoir operated and maintained by the director except in 7,572
accordance with a sale or lease entered into under division (C) 7,573
of this section. 7,574
(E) At the request of the director, the attorney general 7,576
may commence a civil action for civil penalties and injunctions, 7,577
in a court of common pleas, against any person who has violated 7,578
or is violating division (D) of this section. The court of 7,579
common pleas in which an action for injunctive relief is filed 7,580
has jurisdiction to and shall grant preliminary and permanent 7,581
injunctive relief upon a showing that the person against whom the 7,582
action is brought has violated or is violating that division. 7,583
177
Upon a finding of a violation, the court shall assess a 7,585
civil penalty of not more than one thousand dollars for each day 7,586
of each violation if the violator is an individual who took or 7,587
diverted the water in question for residential or agricultural 7,588
use. The court shall assess a civil penalty of not more than 7,589
five thousand dollars for each day of each violation if the 7,590
violator is any other person who took or diverted the water in 7,591
question for industrial or commercial use excluding agricultural 7,592
use. Moneys from civil penalties assessed under this division 7,593
shall be paid into the state treasury to the credit of the canal 7,594
lands fund created in section 1520.05 of the Revised Code. 7,595
Any action under this division is a civil action, governed 7,597
by the rules of civil procedure and other rules of practice and 7,598
procedure applicable to civil actions. 7,599
(F) As used in this section, "person" means any agency of 7,601
this state, any political subdivision of this state or of the 7,602
United States, or any legal entity defined as a person under 7,603
section 1.59 of the Revised Code. 7,604
Sec. 1521.03. The chief of the division of water shall do 7,613
all of the following: 7,614
(A) Assist in an advisory capacity any properly 7,616
constituted watershed district, conservancy district, or soil and 7,617
water conservation district or any county, municipal corporation, 7,618
or other government agency of the state in the planning of works 7,619
for ground water recharge, FLOOD MITIGATION, FLOODPLAIN 7,620
MANAGEMENT, FLOOD CONTROL, FLOW CAPACITY AND STABILITY OF 7,621
STREAMS, RIVERS, AND WATERCOURSES, or the establishment of water 7,623
conservation practices, within the limits of the appropriations 7,624
for that purpose THOSE PURPOSES;
(B) Have authority to conduct basic inventories of the 7,626
water and related natural resources in each drainage basin in the 7,627
state; to develop a plan on a watershed basis that will recognize 7,628
the variety of uses to which water may be put and the need for 7,629
its retention and control MANAGEMENT FOR THOSE USES; with the 7,630
178
approval of the director of natural resources and the controlling 7,631
board, to transfer appropriated or other funds, authorized for 7,632
those inventories and plan, to any division of the department of 7,633
natural resources or other state agencies for the purpose of 7,634
developing pertinent data relating to the plan of water 7,635
management; and to accept and expend moneys contributed by any 7,636
person for implementing the development of the plan; 7,637
(C) Have authority to make detailed investigations of all 7,639
factors relating to floods, floodplain management, and flood 7,640
control in the state with particular attention to those factors 7,642
bearing upon the maintenance of the hydraulic efficiency of the 7,643
channels AND HYDROLOGIC CHARACTERISTICS of rivers, streams, and 7,644
watercourses as a means of carrying off flood waters, RECOGNIZING 7,646
THE VARIETY OF USES TO WHICH WATER AND WATERCOURSES MAY BE PUT; 7,648
(D) Cooperate with the United States or any agency thereof 7,650
and with any political subdivision of the state in planning and 7,651
constructing flood control works; 7,652
(E) Hold meetings or public hearings, whichever is 7,654
considered appropriate by the chief, to assist in the resolution 7,655
of conflicts between ground water users. Such meetings or 7,656
hearings shall be called upon written request from boards of 7,657
health of city or general health districts created by or under 7,658
the authority of Chapter 3709. of the Revised Code or authorities 7,659
having the duties of a board of health as authorized by section 7,660
3709.05 of the Revised Code, boards of county commissioners, 7,661
boards of township trustees, legislative authorities of municipal 7,662
corporations, or boards of directors of conservancy districts 7,663
organized under Chapter 6101. of the Revised Code and may be 7,664
called by the chief upon the request of any other person or at 7,665
his THE CHIEF'S discretion. The chief shall collect and present 7,666
at such meetings or hearings the available technical information 7,668
relevant to the conflicts and to the ground water resource. The 7,669
chief shall prepare a report, and may make recommendations, based 7,670
upon the available technical data and the record of the meetings 7,671
179
or hearings, about the use of the ground water resource. In 7,672
making the report and any recommendations, the chief also may 7,673
consider the factors listed in division (B) of section 1521.17 of 7,674
the Revised Code. The technical information presented, the 7,675
report prepared, and any recommendations made under this division 7,676
shall be presumed to be prima-facie authentic and admissible as 7,677
evidence in any court pursuant to Evidence Rule 902. 7,678
(F) Perform stream or ground water gauging and may 7,680
contract with the United States government or any other agency 7,681
for the gauging of any streams or ground water within the state; 7,682
(G) PRIMARILY WITH REGARD TO WATER QUANTITY, HAVE 7,685
AUTHORITY TO COLLECT, STUDY, MAP, AND INTERPRET ALL AVAILABLE 7,686
INFORMATION, STATISTICS, AND DATA PERTAINING TO THE AVAILABILITY, 7,687
SUPPLY, USE, CONSERVATION, AND REPLENISHMENT OF THE GROUND AND 7,688
SURFACE WATERS IN THE STATE IN COORDINATION WITH OTHER AGENCIES 7,689
OF THIS STATE;
(H) PRIMARILY WITH REGARD TO WATER QUANTITY AND 7,692
AVAILABILITY, BE AUTHORIZED TO COOPERATE WITH AND NEGOTIATE FOR 7,693
THE STATE WITH ANY AGENCY OF THE UNITED STATES GOVERNMENT, OF 7,694
THIS STATE, OR OF ANY OTHER STATE PERTAINING TO THE WATER 7,695
RESOURCES OF THE STATE. 7,696
Sec. 1521.05. (A) As used in this section: 7,705
(1) "Construct" or "construction" includes drilling, 7,707
boring, digging, deepening, altering, and logging. 7,708
(2) "Altering" means changing the configuration of a well, 7,710
including, without limitation, deepening a well, extending or 7,711
replacing any portion of the inside or outside casing or wall of 7,712
a well that extends below ground level, plugging a portion of a 7,713
well back to a certain depth, and reaming out a well to enlarge 7,714
its original diameter. 7,715
(3) "Logging" means describing the lithology, grain size, 7,717
color, and texture of the formations encountered during the 7,718
drilling, boring, digging, deepening, or altering of a well. 7,719
(4) "Grouting" means neat cemet CEMENT; bentonite products 7,721
180
in slurry, granular, or pelletized form, excluding drilling mud 7,722
or fluids; or any combination of neat cement and bentonite 7,723
products that is placed within a well to seal the annular space 7,724
or to seal an abandoned well and that is impervious to and 7,725
capable of preventing the movement of water. 7,726
(5) "Abandoned well" means a well whose use has been 7,728
permanently discontinued and that poses potential health and 7,729
safety hazards or that has the potential to transmit surface 7,730
contaminants into the aquifer in which the well has been 7,731
constructed. 7,732
(6) "Sealing" means the complete filling of an abandoned 7,734
well with grouting or other approved materials in order to 7,735
permanently prevent the vertical movement of water in the well 7,736
and thus prevent the contamination of ground water or the 7,737
intermixing of water between aquifers. 7,738
(B) Any person that constructs a well shall keep a careful 7,740
and accurate log of the construction of the well. The log shall 7,741
show all of the following: 7,742
(1) The character, including, without limitation, the 7,744
lithology, color, texture, and grain size, the name, if known, 7,745
and the depth of all formations passed through or encountered; 7,746
(2) The depths at which water is encountered; 7,748
(3) The static water level of the completed well; 7,750
(4) A copy of the record of all pumping tests and analyses 7,752
related to those tests, if any; 7,753
(5) Construction details, including lengths, diameters, 7,755
and thicknesses of casing and screening and the volume, type of 7,756
material, and method of introducing gravel packing and grouting 7,757
into the well; 7,758
(6) The type of pumping equipment installed, if any; 7,760
(7) The name of the owner of the well, the address of the 7,762
location where the well was constructed, and a description of the 7,763
location of the property where the well was constructed; 7,764
(8) The signature of the individual who constructed the 7,766
181
well and filed the well log; 7,767
(9) Any other information required by the chief of the 7,769
division of water. 7,770
The log shall be furnished to the division within thirty 7,772
days after the completion of construction of the well, upon ON 7,773
forms prescribed and prepared by the division. The log shall be 7,774
kept on file by the division. 7,775
In accordance with Chapter 119. of the Revised Code, the 7,777
chief may adopt, amend, and rescind rules requiring other persons 7,778
that are involved in the construction or subsequent development 7,779
of a well to submit well logs under this division containing any 7,780
or all of the information specified in divisions (B)(1) to (9) of 7,781
this section and requiring any person that seals an abandoned 7,782
well to submit a well sealing report under this division 7,783
containing any or all of the information specified in those 7,784
divisions and any additional information specified in the rules. 7,785
(C)(1) No person shall fail to keep and submit a well log 7,787
as required by this section. 7,788
(2) No person shall make a false statement in any well log 7,790
required to be kept and submitted under this section. Violation 7,791
of division (C)(2) of this section is falsification under section 7,792
2921.13 of the Revised Code. 7,793
(D) For the purposes of prosecution of a violation of 7,795
division (C)(1) of this section, a prima-facie case is 7,796
established when the division obtains either of the following: 7,797
(1) A certified copy of a permit for a private water 7,799
system issued in accordance with rules adopted under section 7,800
3701.344 of the Revised Code, or a certified copy of the invoice 7,801
or a canceled check from the owner of a well indicating the 7,802
construction services performed; 7,803
(2) A certified copy of any permit issued under Chapter 7,805
3734. or 6111. of the Revised Code OR PLAN APPROVAL GRANTED UNDER 7,806
CHAPTER 6109. OF THE REVISED CODE for any activity that includes 7,808
the construction of a well. 7,809
182
Sec. 1531.01. As used in this chapter and Chapter 1533. of 7,818
the Revised Code: 7,819
(A) "Person" means individual, company, partnership, 7,821
corporation, municipal corporation, association, or any 7,822
combination of individuals, or any employee, agent, or officer 7,823
thereof. 7,824
(B) "Resident" means any individual who has resided in 7,826
this state for not less than six months next preceding the date 7,827
of making application for a license. 7,828
(C) "Nonresident" means any individual who does not 7,830
qualify as a resident. 7,831
(D) "Division rule" or "rule" means any rule adopted by 7,834
the chief of the division of wildlife under section 1531.10 of 7,835
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 7,837
the taking of wild animals protected by this chapter and Chapter 7,838
1533. of the Revised Code is prohibited. 7,839
(F) "Open season" means that period of time during which 7,841
the taking of wild animals protected by this chapter and Chapter 7,842
1533. of the Revised Code is permitted. 7,844
(G) "Take or taking" includes pursuing, shooting, hunting, 7,846
killing, trapping, angling, fishing with a trotline, or netting 7,847
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 7,848
wild bird, or wild quadruped, and any lesser act, such as 7,849
wounding, or placing, setting, drawing, or using any other device 7,850
for killing or capturing any wild animal, whether it results in 7,851
killing or capturing the animal or not. "Take or taking" 7,852
includes every attempt to kill or capture and every act of 7,853
assistance to any other person in killing or capturing or 7,854
attempting to kill or capture a wild animal. 7,855
(H) "Possession" means both actual and constructive 7,857
possession and any control of things referred to. 7,858
(I) "Bag limit" means the number, measurement, or weight 7,860
of any kind of crayfish, aquatic insects, fish, frogs, turtles, 7,862
183
wild birds, and wild quadrupeds permitted to be taken. 7,863
(J) "Transport and transportation" means carrying or 7,865
moving or causing to be carried or moved. 7,866
(K) "Sell and sale" means barter, exchange, or offer or 7,868
expose for sale. 7,869
(L) "Whole to include part" means that every provision 7,871
relating to any wild animal protected by this chapter and Chapter 7,872
1533. of the Revised Code applies to any part thereof OF THE WILD 7,873
ANIMAL with the same effect as it applies to the whole. 7,875
(M) "Angling" means fishing with not more than two hand 7,877
lines, not more than two units of rod and line, or a combination 7,878
of not more than one hand line and one rod and line, either in 7,879
hand or under control at any time while fishing. The hand line 7,880
or rod and line shall have attached to it not more than three 7,881
baited hooks, not more than three artificial fly rod lures, or 7,882
one artificial bait casting lure equipped with not more than 7,883
three sets of three hooks each. 7,884
(N) "Trotline" means a device for catching fish that 7,886
consists of a line having suspended from it, at frequent 7,887
intervals, vertical lines with hooks attached. 7,888
(O) "Fish" means a cold-blooded vertebrate having fins. 7,890
(P) "Measurement of fish" means length from the end of the 7,892
nose to the longest tip or end of the tail. 7,893
(Q) "Wild birds" includes game birds and nongame birds. 7,895
(R) "Game" includes game birds, game quadrupeds, and 7,897
fur-bearing animals. 7,898
(S) "Game birds" includes mourning doves, RINGNECK 7,900
pheasants, BOBWHITE quail, ruffed grouse, sharp-tailed grouse, 7,902
pinnated grouse, wild turkey, Hungarian partridge, Chukar 7,903
partridge, woodcocks, black-breasted plover, golden plover, 7,904
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail, 7,905
coots, gallinules, duck, geese, brant, and crows. 7,906
(T) "Nongame birds" includes all other wild birds not 7,908
included and defined as game birds. 7,909
184
(U) "Wild quadrupeds" includes game quadrupeds and 7,911
fur-bearing animals. 7,912
(V) "Game quadrupeds" includes hares or COTTONTAIL 7,914
rabbits, gray squirrels, black squirrels, fox squirrels, red 7,916
squirrels, FLYING SQUIRRELS, CHIPMUNKS, groundhogs or woodchucks, 7,917
WHITE-TAILED deer, wild boar, and BLACK bears. 7,918
(W) "Fur-bearing animals" includes minks, weasels, 7,920
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 7,921
otters, coyotes, and bobcats. 7,922
(X) "Wild animals" includes mollusks, crustaceans, aquatic 7,924
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 7,925
and all other wild mammals. 7,926
(Y) "Hunting" means pursuing, shooting, killing, following 7,928
after or on the trail of, lying in wait for, shooting at, or 7,929
wounding wild birds or wild quadrupeds while employing any device 7,930
commonly used to kill or wound wild birds or wild quadrupeds 7,931
whether or not the acts result in killing or wounding. "Hunting" 7,932
includes every attempt to kill or wound and every act of 7,933
assistance to any other person in killing or wounding or 7,934
attempting to kill or wound wild birds or wild quadrupeds. 7,935
(Z) "Trapping" means securing or attempting to secure 7,937
possession of a wild bird or wild quadruped by means of setting, 7,938
placing, drawing, or using any device that is designed to close 7,939
upon, hold fast, confine, or otherwise capture a wild bird or 7,940
wild quadruped whether or not the means results in capture. 7,941
"Trapping" includes every act of assistance to any other person 7,942
in capturing wild birds or wild quadrupeds by means of the device 7,943
whether or not the means results in capture. 7,944
(AA) "Muskrat spear" means any device used in spearing 7,946
muskrats. 7,947
(BB) "Channels and passages" means those narrow bodies of 7,949
water lying between islands or between an island and the mainland 7,950
in Lake Erie. 7,951
(CC) "Island" means a rock or land elevation above the 7,953
185
waters of Lake Erie having an area of five or more acres above 7,954
water. 7,955
(DD) "Reef" means an elevation of rock, either broken or 7,957
in place, or gravel shown by the latest United States chart to be 7,958
above the common level of the surrounding bottom of the lake, 7,959
other than the rock bottom, or in place forming the base or 7,960
foundation rock of an island or mainland and sloping from the 7,961
shore thereof OF IT. "Reef" also means all elevations shown by 7,962
that chart to be above the common level of the sloping base or 7,964
foundation rock of an island or mainland, whether running from 7,965
the shore of an island or parallel with the contour of the shore 7,966
of an island or in any other way and whether formed by rock, 7,967
broken or in place, or from gravel. 7,968
(EE) "Fur farm" means any area used exclusively for 7,970
raising fur-bearing animals or in addition thereto used for 7,971
hunting game, the boundaries of which are plainly marked as such. 7,972
(FF) "Waters" includes any lake, pond, reservoir, stream, 7,974
channel, lagoon, or other body of water, or any part thereof, 7,975
whether natural or artificial. 7,976
(GG) "Crib" or "car" refers to that particular compartment 7,978
of the net from which the fish are taken when the net is lifted. 7,979
(HH) "Commercial fish" means those species of fish 7,981
permitted to be taken, possessed, bought, or sold unless 7,982
otherwise restricted by the Revised Code or division rule and are 7,984
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 7,985
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 7,986
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 7,987
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 7,988
(Ictalurus natalis), brown bullheads BULLHEAD (Ictalurus 7,990
nebulosus), channel catfish (Ictalurus punctatus), flathead 7,991
catfish (Pylodictis olivaris), whitefish (Coregonus sp.), cisco 7,992
(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 7,993
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 7,994
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 7,995
186
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 7,996
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 7,997
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 7,998
sp.), sucker other than buffalo and quillback (Carpiodes sp., 7,999
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 8,000
white bass (Morone chrysops), white perch (Roccus americanus), 8,001
and yellow perch (Perca flavescens). When the common name of a 8,002
fish is used in this chapter or Chapter 1533. of the Revised 8,003
Code, it refers to the fish designated by the scientific name in 8,004
this definition.
(II) "Fishing" means taking or attempting to take fish by 8,006
any method, and all other acts such as placing, setting, drawing, 8,007
or using any device commonly used to take fish whether resulting 8,008
in a taking or not. 8,009
(JJ) "Fillet" means the pieces of flesh taken or cut from 8,011
both sides of a fish, joined to form one piece of flesh. 8,012
(KK) "Part fillet" means a piece of flesh taken or cut 8,014
from one side of a fish. 8,015
(LL) "Round" when used in describing fish means with head 8,017
and tail intact. 8,018
(MM) "Migrate" means the transit or movement of fish to or 8,020
from one place to another as a result of natural forces or 8,021
instinct and includes, but is not limited to, movement of fish 8,022
induced or caused by changes in the water flow. 8,023
(NN) "Spreader bar" means a brail or rigid bar placed 8,025
across the entire width of the back, at the top and bottom of the 8,026
cars in all trap, crib, and fyke nets for the purpose of keeping 8,027
the meshes hanging squarely while the nets are fishing. 8,028
(OO) "Fishing guide" means any person who, for 8,030
consideration or hire, operates a boat, rents, leases, or 8,031
otherwise furnishes angling devices, ice fishing shanties or 8,032
shelters of any kind, or other fishing equipment, and 8,033
accompanies, guides, directs, or assists any other person in 8,034
order for the other person to engage in fishing. 8,035
187
(PP) "Net" means fishing devices with meshes composed of 8,037
twine or synthetic material and includes, but is not limited to, 8,038
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 8,039
seines, except minnow seines and minnow dip nets. 8,040
(QQ) "Commercial fishing gear" means seines, trap nets, 8,042
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 8,043
and any boat used in conjunction with that gear, but does not 8,044
include gill nets. 8,045
(RR) "Native wildlife" means any species of the animal 8,047
kingdom indigenous to this state. 8,048
(SS) "Gill net" means a single section of fabric or 8,050
netting seamed to a float line at the top and a lead line at the 8,051
bottom, which is designed to entangle fish in the net openings as 8,052
they swim into it. 8,053
(TT) "Small game" includes pheasants, quail, ruffed 8,055
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 8,056
partridge, Chukar partridge, woodcocks, black-breasted plover, 8,057
golden plover, Wilson's snipe or jacksnipe, greater and lesser 8,058
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 8,059
rabbits, gray squirrels, black squirrels, fox squirrels, red 8,060
squirrels, and groundhogs or woodchucks. 8,061
(UU) "Tag fishing tournament" means a contest in which a 8,063
participant pays a fee, or gives other valuable consideration, 8,064
for a chance to win a prize by virtue of catching a tagged or 8,065
otherwise specifically marked fish within a limited period of 8,066
time, but does not include a scheme of chance conducted under 8,067
division (D)(1) of section 2915.02 of the Revised Code. 8,068
(VV)(UU) "Tenant" means an individual who resides on land 8,070
for which the individual pays rent and whose annual income is 8,072
primarily derived from agricultural production conducted on that 8,073
land, as "agricultural production" is defined in section 929.01 8,074
of the Revised Code.
(WW)(VV) "Nonnative wildlife" means any wild animal not 8,076
indigenous to this state. 8,077
188
(WW) "REPTILES" INCLUDES COMMON MUSK TURTLE (STERNOTHERUS 8,080
ODORATUS), COMMON SNAPPING TURTLE (CHELYDRA SERPENTINA 8,081
SERPENTINA), SPOTTED TURTLE (CLEMMYS GUTTATA), EASTERN BOX TURTLE 8,082
(TERRAPENE CAROLINA CAROLINA), BLANDING'S TURTLE (EMYDOIDEA 8,083
BLANDINGII), COMMON MAP TURTLE (GRAPTEMYS GEOGRAPHICA), OUACHITA 8,084
MAP TURTLE (GRAPTEMYS PSEUDOGEOGRAPHICA OUACHITENSIS), MIDLAND 8,085
PAINTED TURTLE (CHRYSEMYS PICTA MARGINATA), RED-EARED SLIDER 8,086
(TRACHEMYS SCRIPTA ELEGANS), EASTERN SPINY SOFTSHELL TURTLE 8,087
(APALONE SPINIFERA SPINIFERA), MIDLAND SMOOTH SOFTSHELL TURTLE 8,088
(APALONE MUTICA MUTICA), NORTHERN FENCE LIZARD (SCELOPORUS 8,089
UNDULATUS HYACINTHINUS), GROUND SKINK (SCINCELLA LATERALIS), 8,090
FIVE-LINED SKINK (EUMECES FASCIATUS), BROADHEAD SKINK (EUMECES 8,091
LATICEPS), NORTHERN COAL SKINK (EUMECES ANTHRACINUS ANTHRACINUS), 8,092
EUROPEAN WALL LIZARD (PODARCIS MURALIS), QUEEN SNAKE (REGINA 8,094
SEPTEMVITTATA), KIRTLAND'S SNAKE (CLONOPHIS KIRTLANDII), NORTHERN 8,095
WATER SNAKE (NERODIA SIPEDON SIPEDON), LAKE ERIE WATERSNAKE 8,097
(NERODIA SIPEDON INSULARUM), COPPERBELLY WATER SNAKE (NERODIA 8,098
ERYTHROGASTER NEGLECTA), NORTHERN BROWN SNAKE (STORERIA DEKAYI 8,099
DEKAYI), MIDLAND BROWN SNAKE (STORERIA DEKAYI WRIGHTORUM), 8,101
NORTHERN REDBELLY SNAKE (STORERIA OCCIPITOMACULATA 8,102
OCCIPITOMACULATA), EASTERN GARTER SNAKE (THAMNOPHIS SIRTALIS 8,103
SIRTALIS), EASTERN PLAINS GARTER SNAKE (THAMNOPHIS RADIX RADIX), 8,104
BUTLER'S GARTER SNAKE (THAMNOPHIS BUTLERI), SHORTHEAD GARTER 8,105
SNAKE (THAMNOPHIS BRACHYSTOMA), EASTERN RIBBON SNAKE (THAMNOPHIS 8,106
SAURITUS SAURITUS), NORTHERN RIBBON SNAKE (THAMNOPHIS SAURITUS 8,107
SEPTENTRIONALIS), EASTERN HOGNOSE SNAKE (HETERODON PLATIRHINOS), 8,108
EASTERN SMOOTH EARTH SNAKE (VIRGINIA VALERIAE VALERIAE), NORTHERN 8,110
RINGNECK SNAKE (DIADOPHIS PUNCTATUS EDWARDSII), MIDWEST WORM 8,111
SNAKE (CARPHOPHIS AMOENUS HELENAE), EASTERN WORM SNAKE 8,112
(CARPHOPHIS AMOENUS AMOENUS), BLACK RACER (COLUBER CONSTRICTOR 8,113
CONSTRICTOR), BLUE RACER (COLUBER CONSTRICTOR FOXII), ROUGH GREEN 8,114
SNAKE (OPHEODRYS AESTIVUS), SMOOTH GREEN SNAKE (OPHEODRYS 8,115
VERNALIS VERNALIS), BLACK RAT SNAKE (ELAPHE OBSOLETA OBSOLETA), 8,116
EASTERN FOX SNAKE (ELAPHE VULPINA GLOYDI), BLACK KINGSNAKE 8,118
189
(LAMPROPELTIS GETULA NIGRA), EASTERN MILK SNAKE (LAMPROPELTIS 8,119
TRIANGULUM TRIANGULUM), NORTHERN COPPERHEAD (AGKISTRODON 8,120
CONTORTRIX MOKASEN), EASTERN MASSASAUGA (SISTRURUS CATENATUS 8,121
CATENATUS), AND TIMBER RATTLESNAKE (CROTALUS HORRIDUS HORRIDUS). 8,122
(XX) "AMPHIBIANS" INCLUDES EASTERN HELLBENDER 8,125
(CRYTPOBRANCHUS ALLEGANIENSIS ALLEGANIENSIS), MUDPUPPY (NECTURUS 8,126
MACULOSUS MACULOSUS), RED-SPOTTED NEWT (NOTOPHTHALMUS VIRIDESCENS 8,129
VIRIDESCENS), JEFFERSON SALAMANDER (AMBYSTOMA JEFFERSONIANUM), 8,130
SPOTTED SALAMANDER (AMBYSTOMA MACULATUM), BLUE-SPOTTED SALAMANDER 8,131
(AMBYSTOMA LATERALE), SMALLMOUTH SALAMANDER (AMBYSTOMA TEXANUM), 8,132
STREAMSIDE SALAMANDER (AMBYSTOMA BARBOURI), MARBLED SALAMANDER 8,134
(AMBYSTOMA OPACUM), EASTERN TIGER SALAMANDER (AMBYSTOMA TIGRINUM 8,135
TIGRINUM), NORTHERN DUSKY SALAMANDER (DESMOGNATHUS FUSCUS 8,136
FUSCUS), MOUNTAIN DUSKY SALAMANDER (DESMOGNATHUS OCHROPHAEUS), 8,137
REDBACK SALAMANDER (PLETHODON CINEREUS), RAVINE SALAMANDER 8,138
(PLETHODON RICHMONDI), NORTHERN SLIMY SALAMANDER (PLETHODON 8,139
GLUTINOSUS), WEHRLE'S SALAMANDER (PLETHODON WEHRLEI), FOUR-TOED 8,140
SALAMANDER (HEMIDACTYLIUM SCUTATUM), KENTUCKY SPRING SALAMANDER 8,141
(GYRINOPHILUS PORPHYRITICUS DURYI), NORTHERN SPRING SALAMANDER 8,142
(GYRINOPHILUS PORPHYRITICUS PORPHYRITICUS), MUD SALAMANDER 8,144
(PSEUDOTRITON MONTANUS), NORTHERN RED SALAMANDER (PSEUDOTRITON 8,145
RUBER RUBER), GREEN SALAMANDER (ANEIDES AENEUS), NORTHERN 8,147
TWO-LINED SALAMANDER (EURYCEA BISLINEATA), LONGTAIL SALAMANDER 8,148
(EURYCEA LONGICAUDA LONGICAUDA), CAVE SALAMANDER (EURYCEA 8,149
LUCIFUGA), SOUTHERN TWO-LINED SALAMANDER (EURYCEA CIRRIGERA), 8,151
FOWLER'S TOAD (BUFO WOODHOUSII FOWLERI), AMERICAN TOAD (BUFO 8,152
AMERICANUS), EASTERN SPADEFOOT (SCAPHIOPUS HOLBROOKII), 8,153
BLANCHARD'S CRICKET FROG (ACRIS CREPITANS BLANCHARDI), NORTHERN 8,154
SPRING PEEPER (PSEUDACRIS CRUCIFER CRUCIFER), GRAY TREEFROG (HYLA 8,156
VERSICOLOR), COPE'S GRAY TREEFROG (HYLA CHRYSOSCELIS), WESTERN 8,157
CHORUS FROG (PSEUDACRIS TRISERIATA TRISERIATA), MOUNTAIN CHORUS 8,158
FROG (PSEUDACRIS BRACHYPHONA), BULLFROG (RANA CATESBEIANA), GREEN 8,160
FROG (RANA CLAMITANS MELANOTA), NORTHERN LEOPARD FROG (RANA 8,161
PIPIENS), PICKEREL FROG (RANA PALUSTRIS), SOUTHERN LEOPARD FROG 8,162
190
(RANA UTRICULARIA), AND WOOD FROG (RANA SYLVATICA). 8,163
The chief shall not establish a season for the hunting of 8,165
mourning doves that opens prior to the fifteenth day of September 8,166
of any year.
Sec. 1531.06. (A) The chief of the division of wildlife, 8,176
with the approval of the director of natural resources, may 8,177
acquire by gift, lease, purchase, or otherwise lands or surface 8,178
rights upon lands and waters or surface rights upon waters for 8,179
wild animals, fish or game management, preservation, propagation, 8,180
and protection, outdoor and nature activities, public fishing and 8,181
hunting grounds, and flora and fauna preservation. The chief, 8,182
with the approval of the director, may receive by grant, devise, 8,183
bequest, donation, or assignment evidences of indebtedness, the 8,184
proceeds of which are to be used for the purchase of such lands 8,185
or surface rights upon lands and waters or the surface rights 8,186
upon waters. 8,187
(B)(1) The chief shall adopt rules for the protection of 8,189
state-owned or leased lands and waters and property under the 8,192
division's control against wrongful use or occupancy that will 8,193
ensure the carrying out of the intent of this section, protect 8,194
those lands, waters, and property from depredations, and preserve 8,195
them from molestation, spoilation, destruction, or any improper 8,196
use or occupancy thereof, including rules with respect to 8,198
recreational activities and for the government and use of such
lands, waters, and property. 8,199
(2) The chief may adopt rules benefiting wild animals, 8,202
fish or game management, preservation, propagation, and
protection, outdoor and nature activities, public fishing and 8,203
hunting grounds, AND flora and fauna preservation, and regulating 8,204
the taking and possession of wild animals on any lands or waters 8,205
owned or leased or under the division's supervision and control 8,206
and, for a specified period of years, may prohibit or recall the 8,207
taking and possession of any wild animal on any portion of such 8,208
lands or waters. The division clearly shall define and mark the 8,209
191
boundaries of the lands and waters owned or leased or under its 8,211
supervision and control upon which the taking of any wild animal 8,212
is prohibited.
(C) The chief, with the approval of the director, may 8,214
acquire by gift, lease, or purchase land for the purpose of 8,215
establishing state fish hatcheries and game farms and may erect 8,216
thereon ON IT buildings or structures as THAT are necessary. 8,217
The title to or lease of such lands and waters shall be 8,219
taken by the chief in the name of the state. The lease or 8,220
purchase price of all such lands and waters may be paid from 8,221
hunting and trapping and fishing licenses and any other funds. 8,222
(D) To provide more public recreation, stream and lake 8,224
agreements for public fishing only may be obtained under rules 8,225
adopted by the chief. 8,226
(E) The chief, with the approval of the director, may 8,228
establish user fees for the use of special public facilities or 8,229
participation in special activities on lands and waters 8,230
administered by the division. The special facilities and 8,231
activities may include hunting or fishing on special designated 8,232
public lands and waters intensively managed or stocked with 8,233
artificially propagated game birds or fish, field trial 8,234
facilities, wildlife nature centers, firearm ranges, boat mooring 8,235
facilities, camping sites, and other similar special facilities 8,236
and activities. The chief shall determine whether the user fees 8,237
are refundable and shall ensure that that information is provided 8,238
at the time the user fees are paid.
(F) The chief, with the approval of the director, may 8,241
enter into lease agreements for rental of concessions or other 8,242
special projects situated on state-owned or leased lands or 8,243
waters or other property under the division's control. The chief 8,244
shall set and collect the fees for concession rentals or other 8,245
special projects; regulate through contracts between the division 8,246
and concessionaires the sale of tangible objects at concessions 8,247
or other special projects; and keep a record of all such fee 8,248
192
payments showing the amount received, from whom recieved 8,249
RECEIVED, and for what purpose the fee was collected. 8,250
(G) The chief may sell conservation-related items or items 8,253
that promote wildlife conservation, including, but not limited 8,254
to, pins, badges, books, bulletins, maps, publications, 8,255
calendars, and any other educational article or artifact 8,256
pertaining to wild animals; sell confiscated or forfeited items; 8,257
and sell surplus structures and equipment, and timber or crops 8,258
from lands owned, administered, leased, or controlled by the 8,259
division.
(H) The chief may sell, lease, or transfer minerals or 8,261
mineral rights, with the approval of the director, when the chief 8,262
and the director determine it to be in the best interest of the 8,263
state. Upon approval of the director, the chief may make, 8,264
execute, and deliver contracts, including leases, to mine, drill, 8,265
or excavate iron ore, stone, coal, petroleum, gas, salt, and
other minerals upon and under lands owned by the state and 8,266
administered by the division to any person who complies with the 8,267
terms of such a contract. No such contract shall be valid for 8,268
more than fifty years from its effective date. Consideration for 8,269
minerals and mineral rights shall be by rental or royalty basis 8,270
as prescribed by the chief and payable as prescribed by contract. 8,271
Moneys collected under this division shall be deposited in 8,272
accordance with division (I) of this PAID INTO THE STATE TREASURY 8,273
TO THE CREDIT OF THE WILDLIFE HABITAT FUND CREATED IN section 8,274
1531.33 OF THE REVISED CODE. Contracts entered into under this 8,275
division also may provide for consideration for minerals or 8,276
mineral rights in the form of acquisition of lands as provided 8,277
under divisions (A) and (C) of this section. 8,278
(I) All moneys received under divisions (E), (F), AND (G), 8,280
and (H) of this section shall be paid into the state treasury to 8,282
the credit of a fund which THAT shall be used for the purposes 8,283
outlined in section 1533.15 of the Revised Code and for the 8,284
management of other wild animals for their ecological and 8,285
193
nonconsumptive recreational value or benefit. 8,286
(J) THE CHIEF, WITH THE APPROVAL OF THE DIRECTOR, MAY 8,289
BARTER OR SELL WILD ANIMALS TO OTHER STATES, STATE OR FEDERAL 8,290
AGENCIES, AND CONSERVATION OR ZOOLOGICAL ORGANIZATIONS. MONEYS 8,291
RECEIVED FROM THE SALE OF WILD ANIMALS SHALL BE DEPOSITED INTO 8,292
THE WILD ANIMAL FUND CREATED IN SECTION 1531.34 OF THE REVISED 8,293
CODE.
(K) THE CHIEF SHALL ADOPT RULES ESTABLISHING STANDARDS AND 8,296
GUIDELINES FOR THE ADMINISTRATION OF CONTRACEPTIVE CHEMICALS TO 8,297
NONCAPTIVE WILD ANIMALS. THE RULES MAY SPECIFY CHEMICAL DELIVERY 8,298
METHODS AND DEVICES AND MONITORING REQUIREMENTS.
THE CHIEF SHALL ESTABLISH CRITERIA FOR THE ISSUANCE OF AND 8,301
SHALL ISSUE PERMITS FOR THE ADMINISTRATION OF CONTRACEPTIVE
CHEMICALS TO NONCAPTIVE WILD ANIMALS. NO PERSON SHALL ADMINISTER 8,303
CONTRACEPTIVE CHEMICALS TO NONCAPTIVE WILD ANIMALS WITHOUT A 8,304
PERMIT ISSUED BY THE CHIEF.
(L) All fees set by the chief under this section shall be 8,306
approved by the wildlife council. 8,307
Sec. 1531.13. The law enforcement officers of the division 8,316
of wildlife shall be known as "wildlife officers." The chief of 8,317
the division of wildlife, wildlife officers, and such other 8,318
employees of the division as the chief of the division of 8,319
wildlife designates, and other officers who are given like 8,320
authority, shall enforce all laws pertaining to the taking, 8,321
possession, protection, preservation, management, and propagation 8,322
of wild animals and all division rules. They shall enforce all 8,323
laws against hunting without permission of the owner or
authorized agent of the land on which such THE hunting is done. 8,325
They may arrest on view and without issuance of a warrant. They 8,326
may inspect any container or package at any time except when 8,327
within a building and the owner or person in charge of the 8,328
building objects. The inspection shall be only for bag limits of 8,329
wild animals taken in open season or for wild animals taken 8,330
during the closed season, or for any kind or species of those 8,331
194
wild animals.
The chief may visit all parts of the state and direct and 8,333
assist wildlife officers and other employees in the discharge of 8,334
their duties. The owners or tenants of private lands or waters 8,335
are not liable to wildlife officers for injuries suffered while 8,336
carrying out their duties while on the lands or waters of the 8,337
owners or tenants unless the injuries are caused by the willful 8,338
or wanton misconduct of the owners or tenants. Any regularly 8,339
employed salaried wildlife officer may enter any private lands or 8,340
waters if he THE WILDLIFE OFFICER has good cause to believe and 8,341
does believe that a law is being violated. 8,343
A wildlife officer, sheriff, deputy sheriff, constable, or 8,345
officer having a similar authority may search any place which he 8,346
THE OFFICER has good reason to believe contains a wild animal or 8,347
any part of a wild animal taken or had in possession contrary to 8,348
law or division rule, or a boat, gun, net, seine, trap, ferret, 8,349
or device used in the violation, and seize any he THE OFFICER 8,350
finds so taken or possessed. If the owner or person in charge of 8,351
the place to be searched refuses to permit the search, upon 8,352
filing an affidavit in accordance with law with a court having 8,353
jurisdiction of the offense and upon receiving a search warrant 8,354
issued, the officer may forcibly MAY search the place described, 8,355
and if in the search he THE OFFICER finds any wild animal or part 8,356
of a wild animal, or any boat, gun, net, seine, trap, ferret, or 8,357
device in the possession of the owner or person in charge, 8,358
contrary to this chapter or Chapter 1533. of the Revised Code or 8,359
division rule, he THE OFFICER shall seize them IT and arrest the 8,360
person in whose custody or possession they were IT WAS found. 8,361
The wild animal or parts of a wild animal or boat, gun, net, 8,362
seine, trap, ferret, or device so found shall escheat to the 8,363
state.
Each wildlife officer shall post a bond in a sum not less 8,365
than one thousand dollars executed by a surety company authorized 8,366
to transact business in this state for the faithful performance 8,367
195
of the duties of his THE WILDLIFE OFFICER'S office. 8,368
The chief and wildlife officers are vested with HAVE the 8,371
authority of police officers SPECIFIED under section 2935.03 of 8,373
the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT OF NATURAL 8,374
RESOURCES for the purpose of enforcing the criminal laws of the 8,375
state on any property owned, controlled, maintained, or 8,376
administered by the department of natural resources and may 8,377
enforce sections 2923.12, 2923.15, and 2923.16 of the Revised 8,378
Code throughout the state and may arrest without warrant any 8,379
person who, in the presence of the chief or any wildlife officer,
is engaged in the violation of any of those laws. 8,380
A WILDLIFE OFFICER MAY RENDER ASSISTANCE TO A STATE OR 8,382
LOCAL LAW ENFORCEMENT OFFICER AT THE REQUEST OF THAT OFFICER OR 8,383
MAY RENDER ASSISTANCE TO A STATE OR LOCAL LAW ENFORCEMENT OFFICER 8,385
IN THE EVENT OF AN EMERGENCY. WILDLIFE OFFICERS SERVING OUTSIDE 8,386
THE DIVISION OF WILDLIFE UNDER THIS SECTION SHALL BE CONSIDERED 8,387
AS PERFORMING SERVICES WITHIN THEIR REGULAR EMPLOYMENT FOR THE 8,388
PURPOSES OF COMPENSATION, PENSION OR INDEMNITY FUND RIGHTS, 8,389
WORKERS' COMPENSATION, AND OTHER RIGHTS OR BENEFITS TO WHICH THEY 8,390
MAY BE ENTITLED AS INCIDENTS OF THEIR REGULAR EMPLOYMENT. 8,391
WILDLIFE OFFICERS SERVING OUTSIDE THE DIVISION OF WILDLIFE 8,393
UNDER THIS SECTION RETAIN PERSONAL IMMUNITY FROM CIVIL LIABILITY 8,394
AS SPECIFIED IN SECTION 9.86 OF THE REVISED CODE AND SHALL NOT BE 8,397
CONSIDERED AN EMPLOYEE OF A POLITICAL SUBDIVISION FOR PURPOSES OF 8,399
CHAPTER 2744. OF THE REVISED CODE. A POLITICAL SUBDIVISION THAT 8,402
USES WILDLIFE OFFICERS UNDER THIS SECTION IS NOT SUBJECT TO CIVIL 8,403
LIABILITY UNDER CHAPTER 2744. OF THE REVISED CODE AS THE RESULT 8,405
OF ANY ACTION OR OMISSION OF ANY WILDLIFE OFFICER ACTING UNDER 8,406
THIS SECTION. 8,407
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, OR 8,416
boat, USED IN THE UNLAWFUL TAKING OR TRANSPORTING OF WILD 8,417
ANIMALS, AND ANY net, seine, trap, ferret, gun, or other device 8,418
used in the unlawful taking of wild animals, is a public 8,419
nuisance. Each wildlife officer, or other officer with like 8,420
196
authority, shall seize and safely keep such property and the 8,421
illegal results of its use, and unless otherwise ordered by the 8,422
chief of the division of wildlife shall institute, within five 8,423
days, proceedings in a proper court of the county for its 8,424
forfeiture. A writ of replevin shall not lie to take the 8,425
property from the officer's custody or from the custody or 8,426
jurisdiction of the court in which the proceeding is instituted, 8,427
nor shall the proceeding affect a criminal prosecution for the 8,428
unlawful use or possession of the property.
An action for the forfeiture of any such property shall be 8,430
commenced by the filing of an affidavit describing the property 8,431
seized and stating the unlawful use made of it, the time and 8,432
place of seizure, and the name of the person owning or using it 8,433
at the time of seizure. If the name is unknown, that fact shall 8,434
be stated. Upon the filing of the affidavit, the court shall 8,435
issue a summons setting forth the facts stated in the affidavit 8,436
and fixing a time and place for the hearing of the complaint. A 8,437
copy of the summons shall be served on the owner or person using 8,438
the property at the time of its seizure, if he THE OWNER OR USER 8,439
is known, or by leaving a copy thereof at his THE OWNER'S OR 8,440
USER'S usual residence or place of business in the county, at 8,442
least three days before the time fixed for the hearing of the 8,443
complaint. If the owner or user is unknown or a nonresident of 8,444
the county or cannot be found therein, a copy of the summons 8,445
shall be posted at a suitable place nearest the place of seizure, 8,446
but if his THE OWNER'S OR USER'S address is known, a copy of the 8,447
summons shall be mailed to him THE OWNER OR USER at least three 8,448
days before the time fixed for the hearing of the complaint. On 8,449
the date fixed for the hearing, the officer making the service 8,450
shall make a return of the time and manner of making the service. 8,451
Upon the proper cause shown, the court may postpone the hearing. 8,452
If the owner or person unlawfully using the property at the 8,455
time of its seizure is arrested, pleads guilty, and confesses
that the property at the time of its seizure was being used by 8,456
197
him THE OWNER OR USER in violation of law or division rule, no 8,457
proceeding of forfeiture shall be instituted, but the court in 8,458
imposing sentence shall order the property so seized forfeited to 8,459
the state, to be disposed of thereafter as the chief of the 8,460
division of wildlife directs. 8,461
Sec. 1531.202. ANY PERSON WHO IS RESPONSIBLE FOR CAUSING 8,463
OR ALLOWING AN UNAUTHORIZED SPILL, RELEASE, OR DISCHARGE OF 8,464
MATERIAL INTO OR ON ANY LAND OR ANY GROUND OR SURFACE WATER OR 8,465
INTO THE AIR THAT RESULTS IN THE DEATH OF A WILD ANIMAL AND THAT 8,466
NECESSITATES AN INVESTIGATION BY THE DIVISION OF WILDLIFE, OR WHO 8,468
VIOLATES SECTION 1531.02 OF THE REVISED CODE IN A MANNER THAT 8,469
NECESSITATES AN INVESTIGATION BY THE DIVISION REGARDING THE DEATH 8,471
OF A WILD ANIMAL, IS LIABLE TO THE DIVISION FOR COSTS INCURRED IN 8,472
THE INVESTIGATION. THE COSTS MAY INCLUDE WAGES AND BENEFITS OF 8,473
EMPLOYEES OF THE DIVISION. THE CHIEF OF THE DIVISION OF WILDLIFE 8,474
OR THE CHIEF'S AUTHORIZED REPRESENTATIVE SHALL BRING A CIVIL 8,475
ACTION AGAINST THE RESPONSIBLE PERSON TO RECOVER THOSE COSTS. 8,476
Sec. 1531.33. The wildlife habitat fund is hereby created 8,485
in the state treasury, which. THE FUND shall consist of the 8,487
investment earnings of the wildlife habitat trust fund, and 8,488
CREATED IN SECTION 1531.32 OF THE REVISED CODE; GIFTS, DONATIONS, 8,491
BEQUESTS, AND OTHER MONEYS CONTRIBUTED TO THE DIVISION OF 8,492
WILDLIFE FOR THE PURPOSES OF THE FUND; MONEYS COLLECTED UNDER 8,493
DIVISION (H) OF SECTION 1531.06 OF THE REVISED CODE; AND MONEYS 8,496
RECEIVED BY THE DIVISION PURSUANT TO NEGOTIATED MITIGATION 8,497
SETTLEMENTS FROM PERSONS WHO HAVE ADVERSELY AFFECTED FISH AND 8,498
WILDLIFE, OR THEIR HABITATS, OVER WHICH THE DIVISION HAS 8,499
JURISDICTION UNDER THIS CHAPTER OR CHAPTER 1533. OF THE REVISED 8,502
CODE OTHER THAN FISH AND WILDLIFE OF THE OHIO RIVER OR THEIR 8,504
HABITATS.
THE FUND shall be used by the division of wildlife to 8,507
acquire and develop lands for the preservation, propagation, and 8,508
protection of wild animals. All expenditures from the wildlife 8,509
habitat fund must SHALL be approved by the director of natural 8,510
198
resources. Quarterly each fiscal year, the treasurer of state 8,511
shall transfer the investment earnings of the wildlife habitat 8,512
trust fund to the wildlife habitat fund. 8,513
Sec. 1531.34. THERE IS HEREBY CREATED IN THE STATE 8,515
TREASURY THE WILD ANIMAL FUND. THE FUND SHALL CONSIST OF MONEYS 8,516
RECEIVED FROM THE SALE OF WILD ANIMALS UNDER DIVISION (J) OF 8,518
SECTION 1531.06 OF THE REVISED CODE. MONEYS IN THE FUND SHALL BE 8,520
SPENT ON PROGRAMS ADMINISTERED BY THE DIVISION OF WILDLIFE OR
CONTRIBUTED BY THE DIVISION TO AN APPROPRIATE NONPROFIT 8,521
ORGANIZATION FOR THE ACQUISITION, DEVELOPMENT, AND MANAGEMENT OF 8,522
LANDS AND WATERS WITHIN THE STATE FOR WILDLIFE PURPOSES. 8,523
Sec. 1531.99. (A) Whoever violates section 1531.02 of the 8,532
Revised Code, or any division rule, other than a rule adopted 8,533
under section 1531.25 of the Revised Code, is guilty of a 8,534
misdemeanor of the fourth degree. 8,535
(B) Whoever violates section 1531.02 of the Revised Code 8,537
concerning the taking or possession of deer or VIOLATES DIVISION 8,538
(K) OF SECTION 1531.06 OR section 1531.07 or 1531.29 of the 8,539
Revised Code is guilty of a misdemeanor of the third degree on a 8,540
first offense; on each subsequent offense, that person is guilty 8,541
of a misdemeanor of the first degree. 8,542
(C) Whoever violates section 1531.25 of the Revised Code 8,544
is guilty of a misdemeanor of the first degree. 8,545
(D) Whoever violates section 1531.02 of the Revised Code 8,547
concerning the selling or offering for sale of any wild animals 8,548
or parts of wild animals, the minimum value of which animals or 8,549
parts, in the aggregate, is more than one thousand dollars as 8,550
established under section 1531.201 of the Revised Code, is guilty 8,551
of a felony of the fifth degree.
(E) A court that imposes sentence for a violation of any 8,553
section of this chapter governing the holding, taking, or 8,554
possession of wild animals, including, without limitation, 8,555
section 1531.11 of the Revised Code, shall require the person who 8,556
is convicted of or pleads guilty to the offense, in addition to 8,557
199
any fine, term of imprisonment, seizure, and forfeiture imposed, 8,558
to make restitution for the minimum value of the wild animal 8,559
illegally held, taken, or possessed as established under section 8,560
1531.201 of the Revised Code. An officer who collects moneys 8,561
paid as restitution under this section shall pay those moneys to 8,562
the treasurer of state who shall deposit them in the state 8,563
treasury to the credit of the wildlife fund established under 8,564
section 1531.17 of the Revised Code. 8,565
Sec. 1533.01. As used in this chapter, "person," 8,574
"resident," "nonresident," "division rule," "rule," "closed 8,575
season," "open season," "take or taking," "possession," "bag 8,576
limit," "transport and transportation," "sell and sale," "whole 8,577
to include part," "angling," "trotline," "fish," "measurement of 8,578
fish," "wild birds," "game," "game birds," "nongame birds," "wild 8,579
quadrupeds," "game quadrupeds," "fur-bearing animals," "wild 8,580
animals," "hunting," "trapping," "muskrat spear," "channels and 8,581
passages," "island," "reef," "fur farm," "waters," "crib," "car," 8,582
"commercial fish," "fishing," "fillet," "part fillet," "round," 8,583
"migrate," "spreader bar," "fishing guide," "net," "commercial 8,584
fishing gear," "native wildlife," "gill net," "small game," "tag 8,586
fishing tournament," "tenant," and "nonnative wildlife," 8,587
"REPTILES," AND "AMPHIBIANS" have the same meanings as in section 8,588
1531.01 of the Revised Code.
Sec. 1533.06. It is hereby provided that a "special 8,597
hunting area" is established on the department of natural 8,598
resources lands and waters situated in Lucas and Ottawa counties 8,599
and known as the "Magee Marsh State Public Hunting Area." 8,600
On such THAT area the chief of the division of wildlife is 8,602
hereby empowered to MAY provide a special daily hunting permit 8,603
for all persons permitted to hunt on such THE area. The fee for 8,604
such a permit is five dollars per day UNLESS THE CHIEF ADOPTS 8,605
RULES ESTABLISHING A LOWER FEE. 8,606
The permit shall be in such A form as prescribed by the 8,608
director of the department of natural resources. All moneys 8,609
200
received as fees shall be paid into the state treasury to the 8,610
credit of a fund which THAT is hereby appropriated exclusively 8,611
for the use of the department of natural resources for the 8,612
purposes outlined in section 1533.15 of the Revised Code. 8,613
Nothing in this section shall be construed to alter or 8,615
supersede the laws requiring a hunting and trapping license. 8,616
Sec. 1533.08. Except as otherwise provided by division 8,625
rule, any person desiring to collect wild animals that are 8,626
protected by law or their nests or eggs for scientific study, 8,628
school instruction, other educational uses, or rehabilitation
shall make application to the chief of the division of wildlife 8,629
for a wild animal collecting permit on a form furnished by the 8,630
chief. The applicant shall submit written recommendations of two 8,631
well-known scientific persons or teachers of science, certifying 8,632
to the good character and fitness of the applicant. Each 8,633
applicant for a wild animal collecting permit, OTHER THAN AN 8,634
APPLICANT DESIRING TO REHABILITATE WILD ANIMALS, shall pay an 8,635
annual fee of ten dollars for each permit. NO FEE SHALL BE 8,636
CHARGED TO AN APPLICANT DESIRING TO REHABILITATE WILD ANIMALS. 8,637
When it appears that the application is made in good faith, the 8,638
chief shall issue to the applicant a permit to take, possess, and 8,639
transport at any time and in any manner specimens of wild animals 8,640
protected by law or their nests and eggs for scientific study, 8,641
school instruction, other educational uses, or rehabilitation and 8,642
under any additional rules recommended by the wildlife council. 8,643
Upon the receipt of a permit, the holder may take, possess, and 8,644
transport such THOSE wild animals in accordance with the permit. 8,645
Each holder of a permit engaged in collecting such wild 8,647
animals shall carry his THE permit with him at all times and 8,649
shall exhibit it upon demand to any wildlife officer, constable,
sheriff, deputy sheriff, or police officer, to the owner or 8,650
person in lawful control of the land upon which he THE PERMIT 8,651
HOLDER is collecting, or to any other person. Failure to so 8,652
carry or exhibit the permit constitutes an offense under this 8,653
201
section.
Each permit holder shall keep a daily record of all 8,655
specimens collected under the permit and the disposition of the 8,656
specimens and shall exhibit the daily record to any official of 8,657
the division upon demand. 8,658
Each permit shall remain in effect for one year from the 8,661
date of issuance unless it is revoked sooner by the chief.
All moneys received as fees for the issuance of a wild 8,663
animal collecting permit shall be transmitted to the director of 8,665
natural resources to be paid into the state treasury to the
credit of the fund created by section 1533.15 of the Revised 8,666
Code. 8,667
Sec. 1533.10. Except as provided in this section or 8,676
division (A) of section 1533.12 of the Revised Code, no person 8,677
shall hunt any wild bird or wild quadruped without a hunting 8,678
license. Each day that any person hunts within the state without 8,679
procuring such a license constitutes a separate offense. Every 8,680
applicant for a hunting license who is a resident of the state 8,681
and age sixteen YEARS OF AGE or over MORE shall procure a 8,683
resident hunting license, the fee for which shall be fourteen 8,684
dollars, unless the rules adopted under division (B) of section 8,685
1533.12 of the Revised Code provide for issuance of a resident 8,686
hunting license to the applicant free of charge. Every applicant 8,687
who is a resident of the state and under the age of sixteen years 8,688
shall procure a special youth hunting license, the fee for which 8,689
shall be one-half of the regular hunting license fee. The owner 8,690
of lands in the state and the owner's children of any age and 8,693
grandchildren under eighteen years of age may hunt on the lands 8,694
without a hunting license. The tenant or manager and children of 8,695
the tenant or manager, residing on lands in the state, may hunt 8,696
thereon ON THEM without a hunting license. Every applicant for a 8,698
hunting license who is a nonresident of the state shall procure a 8,699
nonresident hunting license, the fee for which shall be ninety 8,700
dollars, unless the applicant is a resident of a state that is a 8,701
202
party to an agreement under section 1533.91 of the Revised Code, 8,702
in which case the fee shall be fourteen dollars. 8,703
The chief of the division of wildlife may issue a tourist's 8,705
small game hunting license expiring three days from the effective 8,706
date of the license to a nonresident of the state, the fee for 8,707
which shall be twenty-four dollars. No person shall take or 8,708
possess DEER, WILD TURKEYS, FUR-BEARING ANIMALS, DUCKS, GEESE, 8,709
BRANT, OR any NONGAME animal that is not small game while 8,710
possessing only a tourist's small game hunting license. A 8,712
tourist's small game hunting license does not authorize the 8,713
taking or possessing of ducks, geese, or brant without having 8,714
obtained, in addition to the tourist's small game hunting 8,715
license, a wetlands habitat stamp as provided in section 1533.112 8,716
of the Revised Code. A TOURIST'S HUNTING LICENSE DOES NOT 8,717
AUTHORIZE THE TAKING OR POSSESSING OF DEER, WILD TURKEYS, OR 8,718
FUR-BEARING ANIMALS. A NONRESIDENT OF THE STATE WHO WISHES TO 8,719
TAKE OR POSSESS DEER, WILD TURKEYS, OR FUR-BEARING ANIMALS IN 8,720
THIS STATE SHALL PROCURE, RESPECTIVELY, A SPECIAL DEER OR WILD 8,721
TURKEY PERMIT AS PROVIDED IN SECTION 1533.11 OF THE REVISED CODE 8,722
OR A FUR TAKER PERMIT AS PROVIDED IN SECTION 1533.111 OF THE 8,723
REVISED CODE IN ADDITION TO A NONRESIDENT HUNTING LICENSE AS 8,724
PROVIDED IN THIS SECTION. 8,725
No person shall procure or attempt to procure a hunting 8,727
license by fraud, deceit, misrepresentation, or any false 8,728
statement. 8,729
This section does not authorize the taking and possessing 8,731
of deer or wild turkeys without first having obtained, in 8,732
addition to the hunting license required by this section, a 8,733
special deer or wild turkey permit as provided in section 1533.11 8,734
of the Revised Code or the taking and possessing of ducks, geese, 8,735
or brant without first having obtained, in addition to the 8,736
hunting license required by this section, a wetlands habitat 8,737
stamp as provided in section 1533.112 of the Revised Code. 8,738
This section does not authorize the hunting or trapping of 8,740
203
fur-bearing animals without first having obtained, in addition to 8,741
a hunting license required by this section, a fur taker permit as 8,742
provided in section 1533.111 of the Revised Code. 8,743
No hunting license shall be issued unless it is accompanied 8,745
by a written explanation of the law in section 1533.17 of the 8,747
Revised Code and the penalty for its violation, including a 8,748
description of terms of imprisonment and fines that may be 8,749
imposed.
No hunting license shall be issued unless the applicant 8,751
presents to the agent authorized to issue the license a 8,752
previously held hunting license or evidence of having held such a 8,753
license in content and manner approved by the chief, a 8,754
certificate of completion issued upon completion of a hunter 8,755
education and conservation course approved by the chief, or 8,756
evidence of equivalent training in content and manner approved by 8,757
the chief. 8,758
No person shall issue a hunting license to any person who 8,760
fails to present the evidence required by this section. No 8,761
person shall purchase or obtain a hunting license without 8,762
presenting to the issuing agent the evidence required by this 8,763
section. Issuance of a hunting license in violation of the 8,764
requirements of this section is an offense by both the purchaser 8,765
of the illegally obtained hunting license and the clerk or agent 8,766
who issued the hunting license. Any hunting license issued in 8,767
violation of this section is void. 8,768
The chief, with approval of the wildlife council, shall 8,770
adopt rules prescribing a hunter education and conservation 8,771
course for first-time hunting license buyers and for volunteer 8,772
instructors. The course shall consist of subjects including, but 8,773
not limited to, hunter safety and health, use of hunting 8,774
implements, hunting tradition and ethics, the hunter and 8,775
conservation, the law in section 1533.17 of the Revised Code 8,777
along with the penalty for its violation, including a description 8,779
of terms of imprisonment and fines that may be imposed, and other 8,780
204
law relating to hunting. Authorized personnel of the division or 8,782
volunteer instructors approved by the chief shall conduct such 8,783
courses with such frequency and at such locations throughout the 8,784
state as to reasonably meet the needs of license applicants. The 8,785
chief shall issue a certificate of completion to each person who 8,786
successfully completes the course and passes an examination 8,787
prescribed by the chief.
Sec. 1533.12. (A) Every person on active duty in the 8,796
armed forces of the United States, while on leave or furlough, 8,797
may take or catch fish of the kind lawfully permitted to be taken 8,798
or caught within the state, may hunt any wild bird or wild 8,799
quadruped lawfully permitted to be hunted within the state, and 8,800
may trap fur-bearing animals lawfully permitted to be trapped 8,801
within the state, without procuring a fishing license, a hunting 8,802
license, a fur taker permit, or a wetlands habitat stamp required 8,803
by this chapter, provided that the person shall carry on his 8,804
person SELF when fishing, hunting, or trapping, a card or other 8,805
evidence identifying him THE PERSON as a person BEING on active 8,807
duty in the armed forces of the United States, and provided that 8,808
the person is not otherwise violating any of the hunting, 8,809
fishing, and trapping laws of this state. 8,810
In order to hunt deer or wild turkey, any such person shall 8,812
obtain a special deer or wild turkey permit, as applicable, under 8,813
section 1533.11 of the Revised Code. However, the person need 8,814
not obtain a hunting license in order to obtain such a permit. 8,815
(B) The chief of the division of wildlife shall provide by 8,817
rule adopted under section 1531.10 of the Revised Code that ALL 8,818
OF THE FOLLOWING: 8,819
(1) Every resident of this state with a disability that 8,821
has been determined by the veterans administration to be 8,822
permanently and totally disabling, who receives a pension or 8,823
compensation from the veterans administration, and who received 8,824
an honorable discharge from the armed forces of the United 8,825
States, and every veteran to whom the registrar of motor vehicles 8,826
205
has issued a set of license plates under section 4503.41 of the 8,827
Revised Code, shall be issued an annual fishing license, hunting 8,828
license, fur taker permit, deer or wild turkey permit, or 8,829
wetlands habitat stamp, or any combination of those licenses, 8,830
permits, and stamp, free of charge when application is made to 8,831
the chief in the manner prescribed by and on forms provided by 8,832
the chief; 8,833
(2) Every resident of the state who is sixty-six years of 8,835
age or older shall be issued an annual fishing license, hunting 8,836
license, fur taker permit, deer or wild turkey permit, or 8,837
wetlands habitat stamp, or any combination of those licenses, 8,838
permits, and stamp, free of charge when application is made to 8,839
the chief in the manner prescribed by and on forms provided by 8,840
the chief; 8,841
(3) Every resident of state or county institutions, 8,843
charitable institutions, and military homes in this state shall 8,844
be issued an annual fishing license free of charge when 8,845
application is made to the chief in the manner prescribed by and 8,846
on forms provided by the chief; 8,847
(4) Any MOBILITY IMPAIRED OR BLIND person, AS DEFINED IN 8,849
SECTION 955.011 OF THE REVISED CODE, who is a resident of this 8,850
state and who is unable to engage in fishing without the 8,851
assistance of another person because of a physical handicap shall 8,852
be issued an annual fishing license free of charge when 8,853
application is made to the chief in the manner prescribed by and 8,854
on forms provided by the chief. The person who is assisting the 8,855
handicapped MOBILITY IMPAIRED OR BLIND person may assist in 8,857
taking or catching fish of the kind permitted to be taken or 8,858
caught without procuring the license required under section 8,859
1533.32 of the Revised Code, provided that only one line is used 8,860
by both persons.
(5) As used in this division (B)(5) OF THIS SECTION, 8,862
"prisoner of war" means any regularly appointed, enrolled, 8,863
enlisted, or inducted member of the military forces of the United 8,864
206
States who was captured, separated, and incarcerated by an enemy 8,865
of the United States.
Any person who has been a prisoner of war, was honorably 8,867
discharged from the military forces, and is a resident of this 8,868
state shall be issued an annual fishing license, hunting license, 8,869
fur taker permit, or wetlands habitat stamp, or any combination 8,870
of those licenses, permits, and stamp, free of charge when 8,871
application is made to the chief in the manner prescribed by and 8,872
on forms provided by the chief. 8,873
(C) The chief shall adopt rules pursuant to section 8,875
1531.08 of the Revised Code designating not more than two days, 8,876
which need not be consecutive, in each year as "free sport 8,877
fishing days" on which any resident may exercise the privileges 8,878
accorded the holder of a fishing license issued under section 8,879
1533.32 of the Revised Code without procuring such a license, 8,880
provided that the person is not otherwise violating any of the 8,881
fishing laws of this state. 8,882
Sec. 1533.171. (A) No person, in the act of hunting, 8,891
pursuing, taking, or killing game A WILD ANIMAL, shall act in a 8,892
negligent, careless, or reckless manner so as to injure persons 8,893
or property.
(B) The court before whom any person is convicted of or 8,895
pleads guilty to a violation of division (A) of this section 8,896
shall report that fact, together with the violator's name and 8,897
address, to the chief of the division of wildlife not later than 8,898
ten days after the date of conviction or plea. 8,899
(C) Not later than seven days after receiving a 8,901
notification under division (B) of this section, the chief shall 8,902
revoke, for not less than one year nor more than five years, each 8,903
hunting license, fur taker permit, special deer permit, special 8,904
wild turkey permit, and wetlands habitat stamp issued to that 8,905
person under this chapter. No fee paid for such a license, 8,906
permit, or stamp shall be returned to the person. 8,907
Upon revoking a license, permit, or stamp, or a combination 8,909
207
thereof, under this division, the chief immediately shall send a 8,910
notice of his THAT action by certified mail to the last known 8,911
address of the person. The notice shall state the action taken, 8,913
order the person to surrender the revoked license, permit, or 8,914
stamp, or combination thereof, and state that the department of 8,915
natural resources will not afford a hearing as required under 8,916
section 119.06 of the Revised Code. 8,917
(D) If, after receiving a notice under division (C) of 8,919
this section, the person decides to petition for a review of the 8,920
revocation, he THE PERSON shall file a petition for such a review 8,922
not later than thirty days after receiving the notice in the 8,923
municipal court or the county court, or, if the person is under 8,924
eighteen years of age, the juvenile court, in whose jurisdiction 8,925
the violation occurred. The review shall be limited to the 8,926
question of the appropriateness of the period of revocation. The 8,927
court shall send a copy of the petition to the chief by certified 8,928
mail together with timely notice of the date, time, and place of 8,929
a hearing on the petition. The filing of a petition for a review 8,930
shall not stay the revocation during the pendency of the appeal. 8,931
(E) No person whose license, permit, or stamp, or a 8,933
combination thereof, has been revoked under this section shall 8,934
attempt to purchase, purchase, apply for, or receive any hunting 8,935
license, fur taker permit, special deer permit, special wild 8,936
turkey permit, or wetlands habitat stamp issued under this 8,937
chapter or engage in hunting during the time any such license, 8,938
permit, or stamp, or a combination thereof, is revoked. 8,939
Sec. 1533.24. Except as otherwise provided by division 8,948
rule, every fur dealer shall keep a daily record on forms 8,950
provided by the division of wildlife of all purchases and sales
of furs, skins, or parts thereof of fur-bearing animals made 8,951
during the previous year. The daily record shall include ANY 8,952
PERTINENT INFORMATION THAT THE DIVISION MAY REQUIRE. THE 8,953
INFORMATION MAY INCLUDE, but not be limited to, the number and 8,954
kinds bought and sold, the dates of each purchase and sale, 8,955
208
identification of all purchases from another fur dealer, and the 8,956
state and counties in which the furs, skins, or parts thereof 8,957
were taken, and other pertinent information that the division may 8,958
require. Every fur dealer shall submit completed forms to the 8,959
division of all transactions made during the preceding season by 8,960
the fifteenth day of May each year. All records required to be 8,961
maintained by a fur dealer shall be open at all reasonable times 8,962
to inspection by duly authorized division personnel who may 8,963
inspect the furs, skins, or parts thereof on hand at any time and 8,964
check and verify the records and reports required to be kept. 8,965
No common carrier shall knowingly ship or transport or 8,967
receive for transportation or shipment any green or dried furs, 8,968
skins, or parts thereof of fur-bearing animals unless there is 8,969
plainly written thereon the name of the shipper and the number of 8,970
his THE SHIPPER'S hunting license or fur dealer's permit. 8,971
Sec. 1533.67. The chief of the division of wildlife, 8,980
wildlife officers, and such other employees of the division as 8,981
THAT the chief specifies may serve and execute warrants and other 8,982
processes of law issued in the enforcement of sections 2923.12, 8,983
2923.15, and 2923.16 of the Revised Code and in the enforcement 8,985
of any law or division rule governing the taking, possession,
protection, preservation, or propagation of wild animals, or for 8,987
protection against THE wrongful use or occupancy of state owned 8,988
or leased lands and waters, and property under division control, 8,989
or in the enforcement of section 3767.32 or any other section of 8,990
the Revised Code prohibiting the dumping of refuse into or along 8,991
waters, or in the enforcement of a criminal law of the state when 8,992
violation thereof OF IT involves equipment or property owned, 8,993
leased, or controlled by the division, in the same manner as a 8,994
sheriff or constable may serve or execute a process, and may 8,995
arrest on sight and without a warrant a person found violating 8,996
any such law or rule. The chief or any wildlife officer has the 8,997
same authority as sheriffs to require aid in executing a process 8,998
or making an arrest. They may seize without process each part of 8,999
209
a wild animal in the possession of a person violating any law or 9,000
division rule governing the taking, possession, protection, 9,001
preservation, or propagation of wild animals, together with any 9,002
boat, gun, net, seine, trap, ferret, or device with which those 9,003
animals were taken or killed, or that was used in taking or 9,004
killing them, and any firearm, deadly weapon, or dangerous 9,005
ordnance, as defined in section 2923.11 of the Revised Code, used 9,006
or possessed contrary to sections 2923.12, 2923.15, and 2923.16 9,008
of the Revised Code, and immediately convey the person so
offending before any judge of a county court or judge of a 9,009
municipal court having jurisdiction over the area in which the 9,010
offense was committed. No
NO person shall interfere with, threaten, abuse, assault, 9,013
resist, or in any manner deter or attempt to deter a wildlife 9,014
officer or any other officer having like authority from carrying 9,015
into effect any law or division rule governing the taking, 9,016
possession, protection, preservation, or propagation of wild 9,017
animals, or for protection against wrongful use or occupancy of 9,018
state-owned or leased lands and waters, and property under 9,019
division control, or any law pertaining to the wearing or 9,020
exhibiting of any license or permit required by this chapter or 9,021
Chapter 1531. of the Revised Code, or regulating hunting and 9,022
trapping on the lands of another. No person shall interfere 9,023
with, threaten, abuse, assault, resist, or in any manner deter or 9,024
attempt to deter a wildlife officer or any other officer having 9,025
like authority from enforcing or from serving or executing any 9,026
warrant or other process issued in the enforcement of section 9,027
3767.32 or any other section of the Revised Code prohibiting the 9,028
dumping of refuse into or along waters, or a criminal law of the 9,029
state when violation thereof OF IT involves equipment or property 9,030
owned, leased, or controlled by the division, or any of the 9,031
provisions set forth in section 2923.12, 2923.15, or 2923.16 of 9,032
the Revised Code regulating use or possession of firearms, deadly 9,034
weapons, or dangerous ordnance, as defined in section 2923.11 of 9,035
210
the Revised Code. Arrests for such offenses may be made on 9,036
Sunday, in which case the offender immediately shall be taken
before any court or magistrate given jurisdiction in such cases 9,038
by this section and required by that court or magistrate to give 9,039
bond for his THE OFFENDER'S appearance at a time fixed for 9,040
hearing of the complaint on a weekday as soon after the arrest is 9,041
made as is practicable. If a bond is required of an offender in 9,042
such a case and he THE OFFENDER fails to give it, the court shall 9,044
order him THE OFFENDER committed to the county jail or to some 9,045
other suitable place of confinement until the time for the
hearing. The court may make any other arrangements to insure the 9,046
appearance of the offender at the designated time it considers 9,047
advisable. The jailer or officer in charge of the place of 9,048
confinement designated by the court shall receive the person so 9,049
committed.
Sec. 1533.68. If a person is convicted of a violation of 9,058
any law relative to the taking, possession, protection, 9,059
preservation, or propagation of wild animals, or a violation of 9,060
division (C) of section 2909.08 of the Revised Code while 9,061
hunting, or is convicted of a violation of any rule of the 9,062
division of wildlife, the court or magistrate before whom the 9,063
conviction is had, as an additional part of the penalty in each 9,065
case, shall suspend or revoke each license or permit issued to
the person in accordance with any section of the Revised Code 9,066
pertaining to the hunting, fishing, trapping, breeding, and sale 9,067
of wild animals or the sale of their hides, skins, or pelts. No 9,068
fee paid for such a license or permit shall be returned to the 9,069
person. 9,070
No person having a license or permit suspended or revoked 9,072
as provided in this section, in the event of a hunting or 9,073
trapping violation, shall engage in hunting or trapping, in the 9,074
event of a violation of division (C) of section 2909.08 of the 9,075
Revised Code while hunting, shall engage in hunting, or in the 9,076
event of a fishing violation, shall engage in fishing, or 9,077
211
purchase, apply for, or receive any such license or permit for 9,078
the following periods of time, as applicable: 9,079
(A) Three years after the date of conviction, if the 9,081
person is convicted of taking or possessing a deer in violation 9,082
of section 1531.02 of the Revised Code; 9,083
(B) Not more than three years after the date of 9,085
conviction, if the person is convicted of taking or possessing 9,086
any other wild animal in violation of section 1531.02 of the 9,087
Revised Code, is convicted of a misdemeanor violation of division 9,088
(C) of section 2909.08 of the Revised Code while hunting, or is 9,089
convicted of a second or subsequent violation of section 1533.17 9,090
of the Revised Code within a period of three consecutive years 9,092
after the date of conviction of the immediately preceding 9,093
violation of that section;
(C) Not more than five years after the date of conviction, 9,095
if the person is convicted of violating section 1533.171 or of 9,096
taking or possessing an eagle or osprey in violation of section 9,097
1533.07 of the Revised Code, or is convicted of a felony 9,098
violation of division (C) of section 2909.08 of the Revised Code 9,099
while hunting; 9,100
(D) NOT MORE THAN FIVE YEARS AFTER THE DATE OF CONVICTION 9,102
IF THE PERSON IS CONVICTED OF VIOLATING ANY SECTION OF THIS 9,103
CHAPTER OR CHAPTER 1531. OF THE REVISED CODE NOT SPECIFIED IN 9,104
DIVISION (A), (B), OR (C) OF THIS SECTION. 9,105
All licenses and permits suspended or revoked as provided 9,107
in this section shall be taken up by the magistrate and sent to 9,108
the department of natural resources where they shall be filed 9,109
with a record of the arrest until the person who held the 9,110
suspended or revoked license or permit is lawfully entitled to 9,111
obtain another license or permit. 9,112
Sec. 1533.70. As used in sections 1533.71 to 1533.80 of 9,122
the Revised Code:
(A) "Wholly enclosed preserve" means an area of land that 9,124
is surrounded by a fence that is at least six feet in height and 9,125
212
is constructed of a woven wire mesh, or such other ANOTHER 9,127
enclosure as THAT the division of wildlife may approve, where 9,128
game birds, game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing 9,129
animals are raised and may be sold under the authority of a 9,130
commercial propagating license obtained under section 1533.71 of 9,131
the Revised Code.
(B) "Commercial bird shooting preserve" means an area of 9,133
land where game birds are released and hunted by shooting as 9,134
authorized by a commercial bird shooting preserve license 9,135
obtained under section 1533.72 of the Revised Code.
(C) "Wild animal hunting preserve" means an area of land 9,137
where game and nonnative wildlife, other than game birds, are 9,138
released and hunted as authorized by a wild animal hunting 9,139
preserve license obtained under section 1533.721 of the Revised 9,140
Code.
(D) All definitions set forth in section 1531.01 of the 9,142
Revised Code apply to these sections 1533.70 TO 1533.80 OF THE 9,143
REVISED CODE.
Sec. 1533.71. Any UNLESS OTHERWISE PROVIDED BY DIVISION 9,152
RULE, ANY person desiring to engage in the business of raising 9,153
and selling game birds, game quadrupeds, REPTILES, AMPHIBIANS, or 9,154
fur-bearing animals in a wholly enclosed preserve of which he THE 9,155
PERSON is the owner or lessee, or to have game birds, game 9,156
quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals in 9,157
captivity, may SHALL apply in writing to the division of wildlife 9,159
for a license to do so.
The division, when it appears that the application is made 9,161
in good faith, shall, AND upon the payment of the fee for each 9,162
license, SHALL issue to the applicant such ANY of the following 9,164
licenses as THAT may be applied for: 9,165
(A) "Commercial propagating license" permitting the 9,167
licensee to propagate game birds, game quadrupeds, REPTILES, 9,168
AMPHIBIANS, or fur-bearing animals in the wholly enclosed 9,169
preserve the location of which is stated in the license and the 9,171
213
application therefor, and to sell such THE propagated game birds, 9,172
game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals and 9,173
ship them from the state alive at any time, and PERMITTING THE 9,174
LICENSEE AND THE LICENSEE'S EMPLOYEES to kill such THE propagated 9,175
game birds, game quadrupeds, or fur-bearing animals and sell the 9,177
carcasses for food subject to sections 1533.70 to 1533.80 of the 9,178
Revised Code. The fee for such a license is twenty-five dollars 9,179
per annum.
(B) "Noncommercial propagating license" permitting the 9,181
licensee to propagate game birds, game quadrupeds, REPTILES, 9,182
AMPHIBIANS, or fur-bearing animals and to hold such THE animals 9,185
in captivity. Game birds, game quadrupeds, REPTILES, AMPHIBIANS, 9,186
and fur-bearing animals propagated or held in captivity by 9,187
authority of a noncommercial propagating license are for the 9,188
licensee's own use and shall not be sold. The fee for such a 9,189
license is ten dollars per annum.
(C) A free "raise to release license" permitting duly 9,191
organized clubs, associations, or individuals approved by the 9,192
division to engage in the raising of game birds, game quadrupeds, 9,193
or fur-bearing animals for release only and not for sale or 9,194
personal use. 9,195
Except as provided by law, no person shall possess game 9,197
birds, game quadrupeds, or fur-bearing animals in closed season, 9,198
provided that municipal or governmental zoological parks shall 9,199
ARE not be required to obtain the licenses provided for in this 9,200
section. 9,201
All licenses issued under this section shall expire on the 9,203
fifteenth day of March of each year. 9,204
The chief OF THE DIVISION OF WILDLIFE shall pay all moneys 9,206
received as fees for the issuance of such licenses UNDER THIS 9,207
SECTION into the state treasury to the credit of the fund created 9,209
by section 1533.15 of the Revised Code for the use of the 9,210
division in the purchase, preservation, and protection of wild 9,211
animals, and for the necessary clerical help and forms required 9,212
214
by sections 1533.70 to 1533.80 of the Revised Code.
THE CHIEF SHALL ADOPT RULES ESTABLISHING STANDARDS, 9,214
INCLUDING SPECIFICATIONS FOR CAGES OR OTHER ENCLOSURES, FOR 9,215
HOLDING WILD ANIMALS IN CAPTIVITY. 9,216
THIS SECTION DOES NOT AUTHORIZE THE TAKING OR THE RELEASE 9,219
FOR TAKING OF THE FOLLOWING:
(1) GAME BIRDS, WITHOUT FIRST OBTAINING A COMMERCIAL BIRD 9,222
SHOOTING PRESERVE LICENSE ISSUED UNDER SECTION 1533.72 OF THE 9,223
REVISED CODE;
(2) GAME OR NONNATIVE WILDLIFE, WITHOUT FIRST OBTAINING A 9,226
WILD ANIMAL HUNTING PRESERVE LICENSE ISSUED UNDER SECTION 9,227
1533.721 OF THE REVISED CODE.
Sec. 1533.74. No game birds, game quadrupeds, OR 9,236
fur-bearing animals, or nonnative wildlife shall be sold for food 9,239
unless the carcass of each game bird, game quadruped, OR 9,240
fur-bearing animal, or nonnative wildlife is tagged with a 9,241
suitable tag or seal supplied by the division of wildlife. Game 9,243
birds, game quadrupeds, AND fur-bearing animals, and nonnative 9,244
wildlife so killed and tagged may be possessed, bought, or sold 9,248
at any time. Common carriers shall receive and transport game 9,249
birds, game quadrupeds, AND fur-bearing animals, and nonnative 9,251
wildlife so tagged, but to every package containing them shall be 9,252
affixed a tag or label upon which shall be plainly printed or 9,253
written the name of the person to whom the license was issued, 9,254
the name of the person to whom they are to be transported, the 9,255
number of game birds, game quadrupeds, OR fur-bearing animals, or 9,256
nonnative wildlife contained in the package, and a statement to 9,259
the effect that they were killed and tagged in accordance with 9,260
sections 1533.70 to 1533.80 of the Revised Code. 9,261
The chief of the division of wildlife may adopt rules under 9,263
section 1531.10 of the Revised Code necessary to administer this 9,264
section.
THIS SECTION AND RULES ADOPTED PURSUANT TO IT DO NOT APPLY 9,266
TO MEAT THAT HAS BEEN INSPECTED BY THE DEPARTMENT OF AGRICULTURE 9,267
215
UNDER CHAPTER 918. OF THE REVISED CODE AND RULES ADOPTED UNDER IT 9,268
AND THAT HAS BEEN MARKED WITH AN OFFICIAL INSPECTION MARK, STAMP, 9,269
OR BRAND PURSUANT TO THAT INSPECTION.
Sec. 1533.82. (A) On receipt of a notice pursuant to 9,278
section 2301.373 of the Revised Code, the chief of the division 9,279
of wildlife shall comply with that section with respect to a 9,282
license or, permit, OR CERTIFICATE issued pursuant to section 9,283
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 9,284
1533.71, 1533.72, or 1533.81, 1533.88, OR 1533.881 of the Revised 9,286
Code.
(B) On receipt of a notice pursuant to section 2301.375 of 9,288
the Revised Code, the chief of the division of wildlife shall 9,290
comply with that section with respect to a license, permit, or 9,292
stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 9,293
1533.112, or 1533.32 of the Revised Code.
Sec. 1518.20 1533.86. As used in sections 1518.20 1533.86 9,303
to 1518.27 1533.90 of the Revised Code:
(A) "Ginseng" means the plant Panax quinquefolius L., also 9,305
known as Panax quinquefolium L., commonly known as American 9,306
ginseng. 9,307
(B) "Wild ginseng" means ginseng that grows in an 9,309
uncultivated state and in its natural habitat, whether the plant 9,310
occurs naturally from that habitat or was introduced or increased 9,311
in abundance by sowing ginseng seed or transplanting ginseng 9,312
plants from other areas and performing no other cultivation 9,313
practices. 9,314
(C) "Cultivated ginseng" means ginseng that grows or has 9,316
been grown in tilled beds under the shade of artificial 9,317
structures or natural shade and is cultivated according to 9,318
standard ginseng horticultural practices. 9,319
(D) "Harvest" means to cut, pick, dig, root up, gather, or 9,321
otherwise collect ginseng. 9,322
(E) "Person" includes any legal entity defined as a person 9,324
under section 1.59 of the Revised Code and any political 9,325
216
subdivision, instrumentality, or agency of this state, another 9,326
state, or the United States. 9,327
(F) "Collector" means a person who harvests ginseng. 9,329
(G) "Grower" means a person who grows cultivated ginseng. 9,331
(H) "Dealer" means a person who buys or otherwise acquires 9,333
or conveys ginseng for resale. 9,334
(I) "Buy" includes trade or barter. 9,336
(J) "Sell" includes trade or barter. 9,338
Sec. 1518.21 1533.87. There is hereby established in the 9,347
department of natural resources the Ohio ginseng management 9,348
program, which shall be administered by the chief of the division 9,349
of natural areas and preserves WILDLIFE. The program shall be 9,350
administered to achieve and maintain a sustained yield of ginseng 9,351
so that harvesting of the plant is not detrimental to the 9,352
survival of the species. The chief shall do all things necessary 9,353
to regulate the harvesting of wild ginseng and the buying, 9,354
possession, transportation, sale, offering for sale, or exposure 9,355
for sale of wild or cultivated ginseng.
Sec. 1518.22 1533.88. The chief of the division of natural 9,364
areas and preserves WILDLIFE shall adopt and may amend or rescind 9,366
rules in accordance with Chapter 119. UNDER SECTION 1531.10 of 9,367
the Revised Code as necessary to carry out the purposes of 9,368
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code, 9,369
including, but not limited to: 9,370
(A) Establishing a harvest season for wild ginseng; 9,372
(B) Establishing a certification program for ALL legally 9,374
harvested ginseng that is to be exported from the state or is 9,375
bought or sold outside the buying season, including setting a 9,376
certification fee; 9,377
(C) Establishing a buying season for ginseng that has not 9,379
yet been certified in accordance with rules adopted under 9,380
division (B) of this section; 9,381
(D) Establishing a registration permit system to authorize 9,383
ginseng dealers to buy or otherwise acquire or convey ginseng for 9,384
217
resale and export; 9,385
(E) Establishing a record system to be kept by collectors, 9,387
dealers, and growers of ginseng; 9,388
(F) Developing educational materials about ginseng, 9,390
ginseng regulation, and the Ohio ginseng management program. 9,391
Sec. 1518.23 1533.881. No person shall buy or otherwise 9,400
acquire or convey ginseng for resale or export without a 9,401
registration permit issued annually by the chief of the division 9,402
of natural areas and preserves WILDLIFE in accordance with rules 9,403
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 9,404
Code. In addition to any other penalty, the chief may refuse to 9,406
issue a permit to or suspend the permit of any person who fails 9,407
to comply with sections 1518.20 1533.86 to 1518.27 1533.90 of the 9,408
Revised Code or rules adopted under PURSUANT TO section 1518.22 9,409
1533.88 of the Revised Code. A person denied a permit is 9,410
entitled to a hearing in accordance with Chapter 119. of the 9,411
Revised Code. A person whose permit is to be suspended shall be 9,412
afforded the opportunity for a hearing under Chapter 119. of the 9,413
Revised Code prior to the final decision to suspend his permit. 9,414
Sec. 1518.24 1533.882. No person shall do any of the 9,423
following: 9,424
(A) Without written authorization from the chief of the 9,426
division of natural areas and preserves WILDLIFE, harvest wild 9,427
ginseng except during the harvesting season as established by 9,428
rule under ADOPTED PURSUANT TO section 1518.22 1533.88 of the 9,430
Revised Code; 9,431
(B) Without first obtaining written permission from the 9,433
person entitled to the ginseng, willfully destroy, injure, or 9,434
harvest ginseng that is the property of that person, except that 9,435
wild ginseng may be harvested on public property when the public 9,436
entity that is responsible for the property has authorized 9,437
permission to harvest wild ginseng; 9,438
(C) Ship or otherwise transport out of state ginseng that 9,440
has not been certified in accordance with rules adopted under 9,441
218
PURSUANT TO division (B) of section 1518.22 1533.88 of the 9,443
Revised Code;
(D) Except during the buying season as established by rule 9,445
under ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised 9,447
Code, buy, otherwise acquire, or sell uncertified ginseng; 9,448
(E) Fail to keep records as established by rule under 9,450
ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised Code; 9,451
(F) Possess ginseng from another state without a 9,453
certificate of legal taking issued by that state under its 9,454
ginseng management program; 9,455
(G) Knowingly provide incorrect or false information on or 9,457
in any permit application, report, export certificate, or other 9,458
document required by rules adopted under PURSUANT TO section 9,459
1518.22 1533.88 of the Revised Code; 9,460
(H) Violate any provision of sections 1518.20 1533.86 to 9,462
1518.27 1533.90 of the Revised Code or rules adopted under 9,464
PURSUANT TO section 1518.22 1533.88 of the Revised Code. 9,465
Sec. 1518.25 1533.89. Any sheriff, deputy sheriff, 9,474
marshal, deputy marshal, municipal police officer, township 9,475
constable, park, PRESERVE, or forest officer, conservancy 9,477
district police officer, or other law enforcement officer, within 9,478
the limits of his THE OFFICER'S jurisdiction, may enforce 9,479
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code 9,480
and rules adopted under PURSUANT TO section 1518.22 1533.88 of 9,481
the Revised Code, and any preserve or wildlife officer may 9,482
enforce those sections and rules throughout the state. 9,484
Sec. 1518.26 1533.891. The chief of the division of 9,493
natural areas and preserves WILDLIFE shall seize any ginseng 9,495
harvested or acquired in violation of any provision of sections 9,496
1518.20 1533.86 to 1518.27 1533.90 of the Revised Code or rules 9,498
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 9,499
Code. Ginseng so seized is forfeited to the state, to be 9,500
disposed of as directed by the chief.
Sec. 1518.27 1533.90. Unless otherwise directed by the 9,509
219
director of natural resources, all fee FEES, fines, penalties, 9,510
and forfeitures arising from prosecutions, convictions, 9,511
confiscations, or other actions taken under sections 1518.20 9,512
1533.86 to 1518.27 1533.90 of the Revised Code shall be paid into 9,513
the state treasury to the credit of the ginseng management 9,514
program WILDLIFE fund, which is hereby created UNDER SECTION 9,516
1531.17 OF THE REVISED CODE, to be used for the administration of 9,517
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code. 9,518
Sec. 1533.99. (A) Whoever violates section 1533.17 of the 9,527
Revised Code is guilty of a misdemeanor of the third degree on a 9,529
first offense and a misdemeanor of the second degree on each
subsequent offense. In addition to any other sanction imposed 9,530
under this division, on a second or subsequent offense occurring 9,532
within a period of three consecutive years after the date of 9,533
conviction of the immediately preceding violation of that section 9,534
any firearms or other hunting implements in the possession or 9,536
under the control of the offender at the time of the violation 9,537
are subject to seizure in accordance with section 1531.20 of the 9,538
Revised Code. If the offender persists in the offense after 9,539
reasonable warning or request to desist, the offender is guilty 9,540
of a misdemeanor of the second degree. 9,541
(B) Whoever violates section 1533.161, 1533.23, 1533.24, 9,543
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 9,544
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 9,545
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 9,546
1533.80, division (F) of section 1533.731, or division (B) or (C) 9,547
of section 1533.97 of the Revised Code is guilty of a misdemeanor 9,549
of the third degree.
(C) Whoever violates division (B) of section 1533.03, 9,551
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 9,552
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 9,553
1533.721, 1533.881, OR 1533.882, division (B)(2) or (3) of 9,554
section 1533.731, or division (A) of section 1533.97 of the 9,556
Revised Code is guilty of a misdemeanor of the first degree. 9,557
220
(D) Whoever violates division (D) of section 1533.97 of 9,559
the Revised Code is guilty of a misdemeanor of the fourth degree. 9,560
The court shall require any person who is convicted of or pleads 9,561
guilty to the offense to refund to all participants in the 9,562
fishing tournament operated by the person any entry fees paid by 9,563
the participants. 9,564
(E) Whoever violates division (C) or (D) of section 9,566
1533.632 of the Revised Code is guilty of a felony of the fifth 9,567
degree.
(F) Whoever violates any section of this chapter for which 9,569
no penalty is otherwise provided is guilty of a misdemeanor of 9,570
the fourth degree. 9,571
(G) A court that imposes sentence for a violation of any 9,573
section of this chapter governing the holding, taking, or 9,574
possession of wild animals shall require the person who is 9,575
convicted of or pleads guilty to the offense, in addition to any 9,576
fine, term of imprisonment, seizure, and forfeiture imposed, to 9,577
make restitution for the minimum value of the wild animal or 9,578
animals illegally held, taken, or possessed as established under 9,579
section 1531.201 of the Revised Code. An officer who collects 9,580
moneys paid as restitution under this section shall pay those 9,581
moneys to the treasurer of state who shall deposit them in the 9,582
state treasury to the credit of the wildlife fund established 9,583
under section 1531.17 of the Revised Code. 9,584
Sec. 1541.03. All lands and waters dedicated and set apart 9,593
for state park purposes shall be under the control and management 9,594
of the division of parks and recreation, which shall protect, 9,595
maintain, and keep them in repair. The division shall have the 9,596
following powers over all such lands and waters: 9,597
(A) To make alterations and improvements; 9,599
(B) To construct and maintain dikes, wharves, landings, 9,601
docks, dams, and other works; 9,602
(C) To construct and maintain such roads and drives in, 9,604
around, upon, and to such THE lands and waters as shall TO make 9,606
221
them conveniently accessible and useful to the public;
(D) To adopt, rescind AMEND, and amend RESCIND, in 9,609
accordance with sections 119.01 to 119.13 CHAPTER 119. of the 9,610
Revised Code, rules necessary for the proper management of state 9,611
parks, bodies of water, and the lands adjacent thereto TO THEM 9,612
under its jurisdiction and control, including the following:
(1) Governing opening and closing times and dates of such 9,614
THE parks; 9,615
(2) Establishing fees and charges for admission to state 9,617
parks and for use of facilities therein IN THEM; 9,618
(3) Governing camps, camping, and fees therefor FOR CAMPS 9,620
AND CAMPING; 9,621
(4) Governing the application for and rental of cabins, 9,623
rental fees therefor FOR, and the use of cabins; 9,624
(5) Relating to public use of state park lands, and 9,626
governing THE operation of motor vehicles, including speeds, and 9,627
parking, on such THOSE lands; 9,628
(6) Uniform rules governing GOVERNING all advertising 9,630
within state parks and the requirements for the operation of 9,631
places selling tangible personal property and control of food 9,632
service sales on lands and waters under the control of the 9,633
division, WHICH RULES SHALL ESTABLISH UNIFORM REQUIREMENTS; 9,634
(7) Providing uniform standards relating to THE size, 9,636
type, location, construction, and maintenance of structures and 9,637
devices used for fishing or moorage of watercraft, rowboats, 9,638
sailboats, and powercraft, as those terms are defined in section 9,639
1547.01 of the Revised Code, over waters under the control of the 9,640
division and establishing reasonable fees for THE construction of 9,641
and annual use permits for those structures and devices; 9,642
(8) Governing state beaches, swimming, inflatable devices, 9,644
and fees therefor FOR THEM; 9,645
(9) Governing THE removal and disposition of any 9,647
watercraft, rowboat, sailboat, or powercraft, as those terms are 9,648
defined in section 1547.01 of the Revised Code, left unattended 9,649
222
for more than seven days on any lands or waters under the control 9,650
of the division; 9,651
(10) GOVERNING THE ESTABLISHMENT AND COLLECTION OF CHECK 9,653
COLLECTION CHARGES FOR CHECKS THAT ARE RETURNED TO THE DIVISION 9,654
OR DISHONORED FOR ANY REASON. 9,655
Every resident of this state with a disability that has 9,657
been determined by the veterans administration to be permanently 9,658
and totally disabling, who receives a pension or compensation 9,659
from the veterans administration, and who received an honorable 9,660
discharge from the armed forces of the United States, and every 9,661
veteran to whom the registrar of motor vehicles has issued a set 9,662
of license plates under section 4503.101 4503.41 of the Revised 9,664
Code, shall be exempt from the fees for camping, provided THAT
the resident or veteran carries in the state park such evidence 9,665
of his THE RESIDENT'S OR VETERAN'S disability as the chief of the 9,666
division of parks and recreation prescribes by rule. 9,667
Every resident of this state who is sixty-five years of age 9,669
or older or who is permanently and totally disabled and who 9,670
furnishes evidence of such THAT age or disability in a manner 9,671
prescribed by division rule shall be charged one-half of the 9,672
regular fee for camping, except on the week-ends WEEKENDS and 9,673
holidays designated by the division. No such SUCH A person shall 9,675
NOT be charged more than ninety per cent of the regular charges 9,676
for state recreational facilities, equipment, services, and food 9,677
service operations utilized by him THE PERSON at any time of 9,678
year, whether maintained or operated by the state or leased for 9,679
operation by another entity. 9,680
As used in this section, "food service operations" means 9,682
restaurants which THAT are owned by the department of natural 9,683
resources at Hocking Hills, Lake Hope, Malabar Farm, and Rocky 9,684
Fork state parks, or are part of a state park lodge. It "FOOD 9,686
SERVICE OPERATIONS" does not include automatic vending machines, 9,687
concession stands, or snack bars.
As used in this section, "prisoner of war" means any 9,689
223
regularly appointed, enrolled, enlisted, or inducted member of 9,690
the military forces of the United States who was captured, 9,691
separated, and incarcerated by an enemy of the United States. Any 9,693
person who has been a prisoner of war, was honorably discharged 9,694
from the military forces, and is a resident of this state is 9,695
exempt from the fees for camping. To claim this exemption, the 9,696
person shall present written evidence in the form of a record of 9,697
separation, a letter from one of the military forces of the 9,698
United States, or such other evidence as the chief prescribes by 9,699
rule that satisfies the eligibility criteria established by this 9,700
section for this exemption.
Sec. 1541.10. Any person selected by the chief of the 9,709
division of parks and recreation for custodial or patrol service 9,710
on the lands and waters operated or administered by the division 9,711
OF PARKS AND RECREATION shall be employed in conformity with the 9,712
law applicable to the classified civil service of the state. 9,714
Subject to section 1541.11 of the Revised Code, the chief may 9,715
designate that person as a park officer. A park officer has, on 9,717
any lands and waters owned, controlled, maintained, or
administered by the department of natural resources and on 9,718
roadways HIGHWAYS, AS DEFINED IN SECTION 4511.01 OF THE REVISED 9,719
CODE, adjacent to lands and waters owned, controlled, maintained, 9,721
or administered by the division of parks and recreation, HAS the 9,722
authority vested in police officers SPECIFIED under section 9,723
2935.03 of the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT 9,724
OF NATURAL RESOURCES to keep the peace, to enforce all laws and 9,725
all rules governing those lands and waters, and to make arrests 9,726
for violation of those laws and rules, provided that such THE 9,727
authority shall be exercised on lands or waters administered by
another division of the department only pursuant to an agreement 9,728
with the chief of that division or to a request for assistance by 9,729
an enforcement officer of that division in an emergency. A park 9,730
officer, in or along any watercourse within, abutting, or 9,731
upstream from the boundary of any area administered by the 9,732
224
department, has the authority to enforce section 3767.32 of the 9,733
Revised Code and any other laws prohibiting the dumping of refuse 9,734
into or along waters and to make arrests for violation of those 9,735
laws. The jurisdiction of park officers shall be concurrent with 9,736
that of the peace officers of the county, township, or municipal 9,737
corporation in which the violation occurs. A state park, for 9,738
purposes of this section, is any area that is administered as a 9,739
state park by the division of parks and recreation. 9,740
The governor, upon the recommendation of the chief, shall 9,742
issue to each park officer a commission indicating authority to 9,743
make arrests as provided in this section. 9,744
The chief shall furnish a suitable badge to each 9,746
commissioned park officer as evidence of that park officer's 9,747
authority. 9,748
If any person employed under this section is designated by 9,750
the chief to act as an agent of the state in the collection of 9,751
money MONEYS resulting from the sale of licenses, fees of any 9,752
nature, or other moneys belonging to the state, the chief shall 9,753
require a surety bond from that person in an amount not less than 9,754
one thousand dollars. 9,755
A park officer may render assistance to a state or local 9,757
law enforcement officer at the request of that officer or may 9,758
render assistance to a state or local law enforcement officer in 9,759
the event of an emergency. 9,760
Park officers serving outside the division of parks and 9,762
recreation under this section or serving under the terms of a 9,763
mutual aid compact authorized under section 1501.02 of the 9,764
Revised Code shall be considered as performing services within 9,765
their regular employment for the purposes of compensation, 9,766
pension or indemnity fund rights, workers' compensation, and 9,767
other rights or benefits to which they may be entitled as 9,768
incidents of their regular employment. 9,769
Park officers serving outside the division of parks and 9,771
recreation under this section or under a mutual aid compact 9,772
225
retain personal immunity from civil liability as specified in 9,773
section 9.86 of the Revised Code and shall not be considered an 9,774
employee of a political subdivision for purposes of Chapter 2744. 9,775
of the Revised Code. A political subdivision that uses park 9,776
officers under this section or under the terms of a mutual aid 9,777
compact authorized under section 1501.02 of the Revised Code is 9,778
not subject to civil liability under Chapter 2744. of the Revised 9,779
Code as the result of any action or omission of any park officer 9,780
acting under this section or under a mutual aid compact. 9,781
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25, 9,790
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 9,791
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the 9,792
Revised Code, "watercraft" means any of the following when used 9,793
or capable of being used for transportation on the water: 9,794
(1) A boat VESSEL operated by machinery either permanently 9,796
or temporarily affixed; 9,797
(2) A sailboat other than a sailboard; 9,799
(3) An inflatable, manually propelled boat having a hull 9,801
identification number meeting the requirements of the United 9,802
States coast guard; 9,803
(4) A canoe or row boat ROWBOAT. 9,805
"Watercraft" does not include ferries as referred to in 9,807
Chapter 4583. of the Revised Code. 9,808
Watercraft subject to section 1547.54 of the Revised Code 9,810
shall be divided into five classes as follows: 9,811
Class A: Less than sixteen feet in length; 9,813
Class 1: At least sixteen feet, but less than twenty-six 9,815
feet in length; 9,816
Class 2: At least twenty-six feet, but less than forty 9,818
feet in length; 9,819
Class 3: At least forty feet, but less than sixty-five 9,822
feet in length; 9,823
Class 4: At least sixty-five feet in length. 9,825
(B) As used in this chapter: 9,827
226
(1) "Vessel" includes every description of watercraft, 9,829
including nondisplacement craft and seaplanes, used or capable of 9,830
being used as a means of transportation on water. 9,831
(2) "Rowboat" means any vessel designed to be rowed and 9,833
that is propelled by human muscular effort by oars or paddles and 9,836
upon which no mechanical propulsion device, electric motor,
internal combustion engine, or sail has been affixed or is used 9,837
for the operation of the vessel. 9,838
(3) "Sailboat" means any vessel, equipped with mast and 9,840
sails, dependent upon the wind to propel it in the normal course 9,841
of operation. 9,842
(a) Any sailboat equipped with an inboard engine is deemed 9,844
a powercraft with auxiliary sail. 9,845
(b) Any sailboat equipped with A detachable motor is 9,847
deemed a sailboat with auxiliary power. 9,848
(c) Any sailboat being propelled by mechanical power, 9,850
whether under sail or not, is deemed a powercraft and subject to 9,851
all laws and rules governing powercraft operation. 9,852
(4) "Powercraft" means any vessel propelled by machinery, 9,854
fuel, rockets, or similar device. 9,855
(5) "Person" includes any legal entity defined as a person 9,857
in section 1.59 of the Revised Code and any body politic, except 9,858
the United States and this state, and includes any agent, 9,859
trustee, executor, receiver, assignee, or other representative 9,860
thereof.
(6) "Owner" includes any person who claims lawful 9,862
possession of a vessel by virtue of legal title or equitable 9,863
interest therein that entitled the person to that possession. 9,865
(7) "Operator" includes any person who navigates or has 9,867
under the person's control a vessel, or vessel and detachable 9,869
motor, on the waters in this state. 9,870
(8) "Visible" means visible on a dark night with clear 9,872
atmosphere. 9,873
(9) "Waters in this state" means all streams, rivers, 9,875
227
lakes, ponds, marshes, watercourses, waterways, and other bodies 9,877
of water, natural or humanmade, that are situated wholly or 9,879
partially within this state or within its jurisdiction and are 9,880
used for recreational boating.
(10) "Navigable waters" means waters that come under the 9,882
jurisdiction of the department of the army of the United States 9,883
and any waterways within or adjacent to this state, except inland 9,884
lakes having neither a navigable inlet nor outlet. 9,885
(11) "In operation" in reference to a vessel means that 9,887
the vessel is being navigated or otherwise used on the waters in 9,889
this state. 9,890
(12) "Sewage" means human body wastes and the wastes from 9,892
toilets and other receptacles intended to receive or retain body 9,893
waste. 9,894
(13) "Canoe" means a narrow vessel of shallow draft, 9,896
pointed at both ends and propelled by human muscular effort, and 9,897
includes kayaks. 9,898
(14) "Coast guard approved" means bearing an approval 9,900
number assigned by the United States coast guard. 9,901
(15) "Type one personal flotation device" means a device 9,903
that is designed to turn an unconscious person floating in water 9,905
from a face downward position to a vertical or slightly face 9,906
upward position and that has at least nine kilograms, 9,908
approximately twenty pounds, of buoyancy. 9,909
(16) "Type two personal flotation device" means a device 9,911
that is designed to turn an unconscious person in the water from 9,913
a face downward position to a vertical or slightly face upward 9,914
position and that has at least seven kilograms, approximately 9,916
fifteen and four-tenths pounds, of buoyancy. 9,917
(17) "Type three personal flotation device" means a device 9,919
that is designed to keep a conscious person in a vertical or 9,921
slightly face upward position and that has at least seven 9,923
kilograms, approximately fifteen and four-tenths pounds, of 9,924
buoyancy. 9,925
228
(18) "Type four personal flotation device" means a device 9,927
that is designed to be thrown to a person in the water and not 9,929
worn and that has at least seven and five-tenths kilograms, 9,932
approximately sixteen and five-tenths pounds, of buoyancy. 9,933
(19) "Type five personal flotation device" means a device 9,936
that, unlike other personal flotation devices, has limitations on 9,937
its approval by the United States coast guard, including, without 9,938
limitation, all of the following: 9,939
(a) The approval label on the type five personal flotation 9,941
device indicates that the device is approved for the activity in 9,942
which the vessel is being used or as a substitute for a personal 9,943
flotation device of the type required on the vessel in use; 9,944
(b) The personal flotation device is used in accordance 9,946
with any requirements on the approval label; 9,947
(c) The personal flotation device is used in accordance 9,949
with requirements in its owner's manual if the approval label 9,950
refers to such a manual. 9,951
(20) "Inflatable watercraft" means any vessel constructed 9,953
of rubber, canvas, or other material that is designed to be 9,955
inflated with any gaseous substance, constructed with two or more 9,956
air cells, and operated as a vessel. Inflatable watercraft 9,957
propelled by a motor shall be classified as powercraft and shall 9,958
be registered by length. 9,959
(21) "Idle speed" means the slowest possible speed needed 9,961
to maintain steerage or maneuverability. 9,962
(22) "Diver's flag" means a red flag not less than one 9,964
foot square having a diagonal white stripe extending from the 9,965
masthead to the opposite lower corner that when displayed 9,966
indicates that divers are in the water. 9,967
(23) "Muffler" means an acoustical suppression device or 9,970
system that is designed and installed to abate the sound of 9,971
exhaust gases emitted from an internal combustion engine and that 9,972
prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law 9,974
229
enforcement and under the command of a law enforcement officer. 9,975
(25) "Personal watercraft" means a vessel, less than 9,977
sixteen feet in length, that is propelled by machinery and 9,978
designed to be operated by an individual sitting, standing, or 9,979
kneeling on the vessel rather than by an individual sitting or 9,980
standing inside the vessel.
(26) "No wake" has the same meaning as "idle speed." 9,982
(C) Unless otherwise provided, this chapter applies to all 9,984
vessels operating on the waters in this state. Nothing in this 9,985
chapter shall be construed in contravention of any valid federal 9,986
act or rule REGULATION, but is in addition to the act or rule 9,988
REGULATION where not inconsistent.
The state reserves to itself the exclusive right to 9,990
regulate the minimum equipment requirements of watercraft and 9,991
vessels operated on the waters in this state. 9,992
Sec. 1547.03. No person shall install or use any 10,001
intermittently flashing light of any type or color on any vessel 10,002
in use or operation on the waters in this state, except that such 10,003
flashing lights may be installed and used in an emergency to 10,004
attract attention to such an emergency for aid and relief of the 10,005
distressed, and except that a blue revolving or flashing
horizontal beam located at any effective point on the vessel may 10,006
be displayed by authorized patrol boats when engaged in law 10,007
enforcement duties day or night on waters in this state IN 10,008
ACCORDANCE WITH FEDERAL LAW.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,010
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,011
Sec. 1547.04. No person, except an authorized watercraft 10,020
representative of the federal government, the state, or any of 10,021
its political subdivisions shall use or operate a siren on the 10,022
waters in this state except for emergency purposes. 10,023
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,025
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,026
Sec. 1547.08. (A) No person shall operate a vessel within 10,034
230
or through a designated bathing area or within or through any 10,035
area that has been buoyed off designating it as an area in which 10,036
vessels are prohibited. 10,037
(B)(1) No person shall operate a vessel at greater than 10,039
idle speed or at a speed that creates a wake within three hundred 10,040
feet of any marina, boat docking facility, boat gasoline dock, 10,041
launch ramp, recreational boat harbor, or harbor entrance, or 10,042
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 10,043
within any water between the Dan Beard bridge and the Brent 10,044
Spence bridge on the Ohio river for any vessel not documented by 10,045
the United States coast guard as commercial, or within any area 10,046
buoyed or marked as a no wake area.
(2) Division (B)(1) of this section does not apply in any 10,049
of the following places:
(a) The Muskingum river UNLESS THE RIVER IS MARKED BY A 10,051
BUOY OR SIGN AS A NO WAKE OR IDLE SPEED AREA; 10,052
(b) Any other area designated by the chief of the division 10,055
of watercraft unless it is marked by a buoy or sign as a no wake 10,056
or idle speed area;
(c) Within any water between the Dan Beard bridge and the 10,059
Brent Spence bridge on the Ohio river when the United States 10,060
coast guard has authorized the holding of a special event of a 10,061
community nature on that water.
(C) No person shall operate a vessel in any area of 10,063
restricted or controlled operation in violation of the designated 10,064
restriction. 10,065
(D) No person shall operate a vessel within three hundred 10,067
feet of an official diver's flag unless he THE PERSON is 10,068
tendering the diving operation. 10,069
(E) All areas of restricted or controlled operation as 10,071
described in division (A) of this section or as provided for in 10,072
section 1547.14 or 1547.61 of the Revised Code shall be marked by 10,073
a buoy or sign designating the restriction. All waters 10,074
surrounded by or lying between such a buoy or sign and the 10,075
231
closest shoreline are thereby designated as an area in which the 10,076
designated restrictions shall apply in the operation of any 10,077
vessel. 10,078
Markings on buoys designating areas of restricted or 10,080
controlled operation shall be so spaced as to show all around the 10,081
horizon. Lineal spacing between the buoys shall be such that 10,082
under normal conditions of visibility any buoy shall be readily 10,083
visible from the next adjacent buoy. No colors or symbols, 10,084
except as provided for in rules of the chief, shall be used on 10,085
buoys or signs for marking closed or controlled areas of boating 10,087
waters.
Any state department, conservancy district, or political 10,089
subdivision having jurisdiction and control of impounded boating 10,090
waters may place such buoys or signs on its waters. Any 10,091
political subdivision may apply to the chief for permission to 10,092
place such buoys or signs on other waters within its territorial 10,095
limits. No person shall place or cause to be placed a regulatory 10,097
buoy or sign on, into, or along the waters in this state unless 10,099
the person has complied with all the provisions of this chapter. 10,100
(F) NO PERSON SHALL PERMIT ANY VESSEL TO BE OPERATED ON 10,102
THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,103
Sec. 1547.09. No person shall moor or anchor any vessel in 10,112
a designated speed zone or water ski zone. No person, unless in 10,113
distress and no other vessel is endangered thereby, shall moor 10,114
to, anchor to, or tie up to any marker, aid, buoy, light, or 10,115
other aid to navigation.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,117
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,118
Sec. 1547.111. (A) Any person who operates a vessel or 10,127
uses any water skis, aquaplane, or similar device upon any waters 10,128
in this state shall be deemed to have given consent to a chemical 10,129
test or tests of his THE PERSON'S blood, breath, or urine for the 10,131
purpose of determining its alcohol or drug of abuse content if
arrested for the offense of operating a vessel or using any water 10,133
232
skis, aquaplane, or similar device in violation of section 10,134
1547.11 of the Revised Code. The test or tests shall be 10,135
administered at the direction of a law enforcement officer having 10,136
reasonable grounds to believe the person to have been operating a 10,137
vessel or using any water skis, aquaplane, or similar device in 10,138
violation of section 1547.11 of the Revised Code. The law 10,139
enforcement agency by which the officer is employed shall 10,140
designate which of the tests shall be administered. 10,141
(B) Any person who is dead, unconscious, or who is 10,143
otherwise in a condition rendering him THE PERSON incapable of 10,144
refusal shall be deemed not to have withdrawn consent provided by 10,146
division (A) of this section and the test or tests may be 10,147
administered, subject to sections 313.12 to 313.16 of the Revised 10,148
Code.
(C) Any person under arrest for the offense of operating a 10,150
vessel or using any water skis, aquaplane, or similar device in 10,151
violation of section 1547.11 of the Revised Code shall be advised 10,152
of the consequences of his refusal REFUSING to submit to a 10,153
chemical test designated by the law enforcement agency as 10,155
provided in division (A) of this section. The advice shall be in 10,156
a written form prescribed by the chief of the division of 10,157
watercraft and shall be read to the person. The form shall 10,158
contain a statement that the form was shown to the person under 10,159
arrest and read to him THE PERSON in the presence of the 10,160
arresting officer and either another law enforcement officer, A 10,161
civilian law enforcement employee, or an employee of a hospital, 10,162
first-aid station, or clinic, if any, to which the person has 10,163
been taken for first-aid or medical treatment. The witnesses 10,164
shall certify to this fact by signing the form. 10,165
(D) If a person under arrest for the offense of operating 10,167
a vessel or using any water skis, aquaplane, or similar device in 10,168
violation of section 1547.11 of the Revised Code refuses upon the 10,169
request of a law enforcement officer to submit to a chemical test 10,170
designated by the law enforcement agency as provided in division 10,171
233
(A) of this section, after first having been advised of the 10,172
consequences of his THE refusal as provided in division (C) of 10,173
this section, no chemical test shall be given, but the chief of 10,174
the division of watercraft, upon receipt of a sworn statement of 10,175
the law enforcement officer that he THE LAW ENFORCEMENT OFFICER 10,176
had reasonable grounds to believe the arrested person had been 10,177
operating a vessel or using any water skis, aquaplane, or similar 10,178
device while under the influence of alcohol or a drug of abuse, 10,179
UNDER the combined influence of alcohol and a drug of abuse, or 10,180
with a prohibited concentration of alcohol in his THE PERSON'S 10,181
blood, urine, or breath, and that the person refused to submit to 10,182
the chemical test upon the request of the law enforcement 10,183
officer, and upon receipt of the form as provided in division (C) 10,184
of this section certifying that the arrested person was advised 10,185
of the consequences of his THE refusal, shall inform the person 10,186
by written notice that he THE PERSON is prohibited from operating 10,188
a vessel or using any water skis, aquaplane, or similar device, 10,189
and is prohibited from registering any watercraft in accordance 10,190
with section 1547.54 of the Revised Code, for one year following 10,191
the date of the alleged violation of section 1547.11 of the 10,192
Revised Code. The suspension of these operation, use, and 10,193
registration privileges shall continue for the entire one-year 10,194
period, subject to review as provided in this section. 10,195
If the person under arrest is the owner of the vessel 10,197
involved in the alleged violation, the LAW ENFORCEMENT OFFICER 10,199
WHO ARRESTED THE PERSON SHALL SEIZE THE WATERCRAFT REGISTRATION 10,200
CERTIFICATE AND TAGS FROM THE VESSEL INVOLVED IN THE VIOLATION 10,201
AND FORWARD THEM TO THE CHIEF. THE chief of the division of 10,203
watercraft, in addition to informing him THE PERSON by written 10,205
notice that he THE PERSON is prohibited from operating a vessel 10,206
or using any water skis, aquaplane, or similar device, and from 10,208
registering any watercraft in accordance with section 1547.54 of 10,209
the Revised Code, for one year following the date of the alleged 10,210
violation, shall RETAIN THE IMPOUNDED REGISTRATION CERTIFICATE 10,211
234
AND TAGS, AND SHALL impound the ALL OTHER registration 10,212
certificate CERTIFICATES and tags issued to the person in 10,213
accordance with sections 1547.54 and 1547.57 of the Revised Code, 10,214
for a period of one year following the date of the alleged 10,215
violation. The registration certificate and tags may be 10,216
impounded on the date of the alleged violation and such 10,217
impoundment shall continue for the entire one-year period, 10,218
subject to review as provided in this section. 10,219
IF THE ARRESTED PERSON FAILS TO SURRENDER THE REGISTRATION 10,222
CERTIFICATE BECAUSE IT IS NOT ON THE PERSON OF THE ARRESTED 10,223
PERSON OR IN THE WATERCRAFT, THE LAW ENFORCEMENT OFFICER WHO MADE 10,224
THE ARREST SHALL ORDER THE PERSON TO SURRENDER IT WITHIN 10,225
TWENTY-FOUR HOURS TO THE LAW ENFORCEMENT OFFICER OR THE LAW 10,226
ENFORCEMENT AGENCY THAT EMPLOYS THE LAW ENFORCEMENT OFFICER. IF 10,228
THE PERSON FAILS TO DO SO, THE LAW ENFORCEMENT OFFICER SHALL 10,229
NOTIFY THE CHIEF OF THAT FACT IN THE STATEMENT THE OFFICER 10,230
SUBMITS TO THE CHIEF UNDER THIS DIVISION.
(E) Upon suspending a person's operation, use, and 10,232
registration privileges in accordance with division (D) of this 10,233
section, the chief of the division of watercraft shall notify the 10,234
person in writing, at his THE PERSON'S last known address, and 10,235
inform him THE PERSON that he THE PERSON may petition for a 10,237
hearing in accordance with division (F) of this section. If a
person whose operation, use, and registration privileges have 10,238
been suspended petitions for a hearing or appeals any decision 10,239
that is adverse to him THE PERSON, the suspension of privileges 10,240
shall begin at the termination of any hearing or appeal unless 10,241
the hearing or appeal resulted in a decision favorable to the 10,242
person. 10,243
(F) Any person who has been notified by the chief of the 10,245
division of watercraft that he THE PERSON is prohibited from 10,246
operating a vessel or using any water skis, aquaplane, or similar 10,247
device, and from registering any watercraft in accordance with 10,249
section 1547.54 of the Revised Code, or who has had the 10,250
235
registration certificate and tags of his THE PERSON'S watercraft 10,251
impounded pursuant to division (D) of this section, may, within 10,253
twenty days of the notification or impoundment, MAY file a 10,254
petition in the municipal court or the county court, or in case 10,255
IF the person is a minor in juvenile court, in whose jurisdiction 10,257
the arrest occurred, agreeing to pay the cost of the proceedings 10,258
and alleging error in the action taken by the chief of the 10,259
division of watercraft under division (D) of this section or 10,260
alleging one or more of the matters within the scope of the 10,261
hearing as provided in this section, or both. The petitioner 10,262
shall notify the chief of the division of watercraft of the 10,263
filing of the petition and send him THE CHIEF a copy of the 10,264
petition.
The scope of the hearing is limited to the issues of 10,266
whether the law enforcement officer had reasonable grounds to 10,267
believe the petitioner was operating a vessel or using any water 10,268
skis, aquaplane, or similar device while under the influence of 10,269
alcohol or a drug of abuse, UNDER the combined influence of 10,270
alcohol and a drug of abuse, or with a prohibited concentration 10,271
of alcohol or a drug of abuse in his THE PERSON'S blood, urine, 10,272
or breath, whether the petitioner was placed under arrest, 10,274
whether the petitioner refused to submit to the chemical test 10,275
upon request of the officer, and whether he THE PETITIONER was 10,276
advised of the consequences of his THE refusal. 10,277
(G)(1) The chief of the division of watercraft shall 10,279
furnish the court a copy of the affidavit as provided in division 10,280
(C) of this section and any other relevant information requested 10,281
by the court. 10,282
(2) In hearing the matter and in determining whether the 10,284
person has shown error in the decision taken by the chief of the 10,285
division of watercraft as provided in division (D) of this 10,286
section, the court shall decide the issue upon the relevant, 10,287
competent, and material evidence submitted by the chief of the 10,288
division of watercraft or the person whose operation, use, and 10,289
236
registration privileges have been suspended. 10,290
IN THE PROCEEDINGS, THE CHIEF SHALL BE REPRESENTED BY THE 10,293
PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PETITION IS FILED 10,294
IF THE PETITION IS FILED IN A COUNTY COURT OR JUVENILE COURT, 10,295
EXCEPT THAT IF THE ARREST OCCURRED WITHIN A CITY OR VILLAGE 10,296
WITHIN THE JURISDICTION OF THE COUNTY COURT IN WHICH THE PETITION 10,297
IS FILED, THE CITY DIRECTOR OF LAW OR VILLAGE SOLICITOR OF THAT 10,298
CITY OR VILLAGE SHALL REPRESENT THE CHIEF. IF THE PETITION IS 10,299
FILED IN THE MUNICIPAL COURT, THE CHIEF SHALL BE REPRESENTED AS 10,300
PROVIDED IN SECTION 1901.34 OF THE REVISED CODE. 10,302
(3) If the court finds from the evidence submitted that 10,304
the person has failed to show error in the action taken by the 10,305
chief of the division of watercraft under division (D) of this 10,306
section or in one or more of the matters within the scope of the 10,307
hearing as provided in division (F) of this section, or both, 10,308
then the court shall assess the cost of the proceeding against 10,309
the person and shall uphold the suspension of the operation, use, 10,310
and registration privileges provided in division (D) of this 10,311
section. If the court finds that the person has shown error in 10,312
the action taken by the chief of the division of watercraft under 10,313
division (D) of this section or in one or more of the matters 10,314
within the scope of the hearing as provided in division (F) of 10,315
this section, or both, the cost of the proceedings shall be paid 10,316
out of the county treasury of the county in which the proceedings 10,317
were held, the operation, use, and registration privileges of the 10,318
person shall be reinstated without charge, and the registration 10,319
certificate and tags, if impounded, shall be returned without 10,320
charge. 10,321
(4) The court shall give information in writing of any 10,323
action taken under this section to the chief of the division of 10,324
watercraft. 10,325
(H) At the end of any period of suspension or impoundment 10,327
imposed under this section, and upon request of the person whose 10,328
operation, use, and registration privileges were suspended or 10,329
237
whose registration certificate and tags were impounded, the chief 10,330
of the division of watercraft shall reinstate the person's 10,331
operation, use, and registration privileges by written notice and 10,332
return the certificate and tags. 10,333
(I) No person who has received written notice from the 10,335
chief of the division of watercraft that he THE PERSON is 10,336
prohibited from operating a vessel or using any water skis, 10,337
aquaplane, or similar device, and from registering a watercraft, 10,339
or who has had the registration certificate and tags of his THE 10,340
PERSON'S watercraft impounded, in accordance with division (D) of 10,342
this section, shall operate a vessel or use any water skis, 10,343
aquaplane, or similar device for a period of one year following 10,344
the date of his THE PERSON'S alleged violation of section 1547.11 10,345
of the Revised Code.
Sec. 1547.12. No person shall operate any vessel if the 10,354
person is so mentally or physically incapacitated as to be unable 10,355
to operate the vessel in a safe and competent manner. 10,356
NO PERSON SHALL PERMIT ANY VESSEL TO BE OPERATED ON THE 10,358
WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,359
Sec. 1547.13. (A) No person shall fail to comply with any 10,368
lawful order or direction of any law enforcement officer having 10,369
authority to direct, control, or regulate the operation or use of 10,370
vessels.
(B) No person shall operate any vessel so as to purposely 10,372
elude or flee from a law enforcement officer after receiving a 10,373
visible or audible signal from a law enforcement officer to bring 10,374
the vessel to a stop.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,376
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,378
Sec. 1547.131. Upon the approach of a law enforcement 10,387
vessel with at least one blue flashing, rotating, or oscillating 10,388
light OF A COLOR CONFORMING WITH THE REQUIREMENTS OF FEDERAL LAW, 10,389
the operator of any vessel shall stop if followed or give way in 10,391
any crossing, head-on, or overtaking situation, and shall remain 10,392
238
in such THAT position until the law enforcement vessel has 10,394
passed, except when otherwise directed by a law enforcement
officer. If traffic conditions warrant, a siren or other sound 10,395
producing device also may be operated as an additional signaling 10,396
device. This section does not relieve the operator of any law 10,397
enforcement vessel from the duty to operate with due regard for 10,398
the safety of all persons and property on the waters in this
state.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,400
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,402
Sec. 1547.14. (A) Except on the waters of Lake Erie, the 10,411
Ohio River, and immediately connected harbors and anchorage 10,412
facilities, any person who rides or attempts to ride upon one or 10,413
more water skis, surfboard, or similar device, or who engages or 10,414
attempts to engage in barefoot skiing, and any person who
operates a vessel towing a person riding or attempting to ride on 10,415
one or more water skis, surfboard, or similar device, or engaging 10,416
or attempting to engage in barefoot skiing, shall confine that 10,417
activity to the water area within a designated ski zone on all 10,418
bodies of water whereon ON WHICH a ski zone has been established. 10,420
(B) On all bodies of water designated as "open zone," that 10,422
is, having a combined speed and ski zone, the activities 10,423
described in division (A) of this section shall be confined to 10,424
the open zone.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,426
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,428
Sec. 1547.15. Any person who opeates OPERATES a vessel 10,437
towing any person riding or attempting to ride upon one or more 10,439
water skis, OR UPON A surfboard, or similar device, or engaging 10,442
or attempting to engage in barefoot skiing, on the waters in this
state shall have present in the vessel a person or persons other 10,443
than the operator, ten years of age or older, who shall at all 10,444
times observe the progress of the person being towed. The 10,445
operator of the towing vessel shall at all times observe the 10,446
239
traffic pattern toward which the vessel is approaching. 10,447
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,449
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,451
Sec. 1547.22. No occupant of any vessel underway on the 10,460
waters in this state shall sit, stand, or walk upon any portion 10,461
of the vessel not specifically designed for that movement, except 10,462
when immediately necessary for the safe and reasonable navigation 10,463
or operation of the vessel. No operator of a vessel under way on 10,464
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 10,466
specifically designed for that use, except when immediately 10,467
necessary for the safe and reasonable navigation or operation of 10,469
the vessel.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,471
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,473
Sec. 1547.25. (A) No person shall operate or permit to be 10,482
operated any watercraft, OTHER THAN A COMMERCIAL VESSEL, on the 10,484
waters in this state:
(1) Sixteen THAT IS SIXTEEN feet or greater in length 10,486
without carrying aboard one type one, two, or three personal 10,488
flotation device for each person aboard and one type four 10,490
personal flotation device; 10,491
(2) Less THAT IS LESS than sixteen feet in length, 10,493
including canoes and kayaks of any length, without carrying 10,496
aboard one type one, two, or three personal flotation device for 10,498
each person aboard.
(B) A type five personal flotation device may be carried 10,501
in lieu of a type one, two, or three personal flotation device 10,503
required under division (A) of this section. 10,504
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,506
COMMERCIAL VESSEL ON THE WATERS IN THIS STATE: 10,507
(1) THAT IS LESS THAN FORTY FEET IN LENGTH AND IS NOT 10,509
CARRYING PERSONS FOR HIRE WITHOUT CARRYING ABOARD AT LEAST ONE 10,510
TYPE ONE, TWO, OR THREE PERSONAL FLOTATION DEVICE FOR EACH PERSON 10,512
240
ABOARD;
(2) THAT IS CARRYING PERSONS FOR HIRE OR IS FORTY FEET IN 10,514
LENGTH OR LONGER AND IS NOT CARRYING PERSONS FOR HIRE WITHOUT 10,515
CARRYING ABOARD AT LEAST ONE TYPE ONE PERSONAL FLOTATION DEVICE 10,516
FOR EACH PERSON ABOARD; 10,517
(3) THAT IS TWENTY-SIX FEET IN LENGTH OR LONGER WITHOUT 10,519
CARRYING ABOARD AT LEAST ONE TYPE FOUR RING LIFE BUOY IN ADDITION 10,521
TO THE APPLICABLE REQUIREMENTS OF DIVISIONS (C)(1) AND (2) OF 10,522
THIS SECTION. 10,523
(D) Each personal flotation device carried aboard a 10,525
watercraft OR COMMERCIAL VESSEL pursuant to this section shall be 10,526
coast guard approved and in good and serviceable condition, of 10,528
appropriate size for the wearer, and readily accessible to each 10,529
person aboard the watercraft at all times. 10,530
(E) AS USED IN THIS SECTION, "COMMERCIAL VESSEL" MEANS ANY 10,532
VESSEL USED IN THE CARRIAGE OF ANY PERSON OR PROPERTY FOR A 10,533
VALUABLE CONSIDERATION WHETHER FLOWING DIRECTLY OR INDIRECTLY 10,534
FROM THE OWNER, PARTNER, OR AGENT OR ANY OTHER PERSON INTERESTED 10,535
IN THE VESSEL. "COMMERCIAL VESSEL" DOES NOT INCLUDE ANY VESSEL 10,536
THAT IS MANUFACTURED OR USED PRIMARILY FOR NONCOMMERCIAL USE OR 10,537
THAT IS LEASED, RENTED, OR CHARTERED TO ANOTHER FOR NONCOMMERCIAL
USE.
Sec. 1547.251. (A) No person shall operate on the waters 10,547
of Lake Erie or the immediately connecting bays, harbors, and 10,548
anchorage areas AT ANY TIME a vessel:
(1) Sixteen THAT IS SIXTEEN or more feet in length or any 10,550
vessel carrying six or fewer passengers for hire without carrying 10,552
coast guard approved visual distress signals for both day and 10,553
night use;
(2) Less than sixteen feet in length between sunset and 10,555
sunrise without carrying coast guard approved distress signals 10,556
for night use. 10,557
The distress signals required by this division shall be in 10,559
good and serviceable condition, readily accessible, and of the 10,560
241
type and quantities required by the "Federal Boat Safety Act of 10,561
1971," 85 Stat. 213, 46 U.S.C.A. 1451, as amended. 10,562
(B) NO PERSON SHALL OPERATE UPON THE WATERS OF LAKE ERIE 10,566
OR THE IMMEDIATELY CONNECTING BAYS, HARBORS, AND ANCHORAGE AREAS 10,567
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 10,568
ANY OF THE FOLLOWING WITHOUT CARRYING COAST GUARD APPROVED VISUAL 10,569
DISTRESS SIGNALS FOR NIGHT USE: 10,570
(1) A VESSEL LESS THAN SIXTEEN FEET IN LENGTH; 10,572
(2) A VESSEL COMPETING IN AN ORGANIZED MARINE PARADE, 10,574
RACE, REGATTA, OR SIMILAR EVENT; 10,575
(3) A MANUALLY PROPELLED VESSEL; 10,577
(4) A SAILBOAT LESS THAN TWENTY-SIX FEET IN LENGTH WITH 10,579
COMPLETELY OPEN CONSTRUCTION AND WITHOUT PROPULSION MACHINERY. 10,581
(C) No person shall operate a vessel on the waters in this 10,584
state other than Lake Erie or the immediately connecting bays, 10,585
harbors, and anchorage AREAS unless the vessel carries either a
distress flag at least two feet square and international orange 10,586
in color or a coast guard approved daytime distress signal. 10,587
(C)(D) No person shall display any distress signal unless 10,589
a vessel or a person is in distress and in need of help. 10,590
(D)(E) Divisions (A) and (B)(C) of this section do not 10,593
apply to any of the following:
(1) Vessels competing in an organized marine parade, race, 10,595
regatta, or similar event; 10,596
(2) Manually propelled vessels; 10,598
(3) Sailboats less than twenty-six feet in length with 10,600
completely open construction and without propulsion machinery. 10,601
(F) THE DISTRESS SIGNALS REQUIRED BY THIS SECTION SHALL BE 10,603
IN GOOD AND SERVICEABLE CONDITION, READILY ACCESSIBLE, AND OF THE 10,604
TYPE AND QUANTITIES REQUIRED BY REGULATIONS ADOPTED UNDER 46 10,606
U.S.C. 4302, AS AMENDED.
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,608
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,609
Sec. 1547.26. All watercraft, except sailboats less than 10,618
242
sixteen feet long having a cockpit depth of less than twelve 10,619
inches and except canoes, shall carry an anchor and line of 10,620
sufficient weight and length to anchor the watercraft securely. 10,621
The chief may OF THE DIVISION OF WATERCRAFT, by rule, MAY exempt 10,622
other types of watercraft from this section if he determines 10,623
AFTER DETERMINING that carrying such AN anchor and line would 10,624
constitute a hazard. 10,625
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,627
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 10,629
SECTION.
Sec. 1547.30. (A) As used in this section and sections 10,638
1547.301, 1547.302, and 1547.304 of the Revised Code: 10,639
(1) "Vessel or outboard motor" excludes an abandoned junk 10,641
vessel or outboard motor, as defined in section 1547.303 of the 10,642
Revised Code, or any watercraft or outboard motor under section 10,643
4585.31 of the Revised Code. 10,644
(2) "Law enforcement agency" means any organization or 10,646
unit comprised of law enforcement officers, as defined in section 10,648
2901.01 of the Revised Code.
(B)(1) The sheriff of a county, chief of police of a 10,650
municipal corporation, township, or township police district, or 10,651
other chief of a law enforcement agency, within the sheriff's or 10,652
chief's respective territorial jurisdiction, upon complaint of 10,653
any person adversely affected, may order into storage any vessel 10,654
or outboard motor that has been left on private property, other 10,655
than a private dock or mooring facility or structure, for at 10,656
least seventy-two hours without the permission of the person 10,657
having the right to the possession of the property. The sheriff 10,658
or chief, upon complaint of the owner of a marine repair facility 10,659
or place of storage, may order into storage any vessel or 10,660
outboard motor that has been left at the facility or place of 10,661
storage for a longer period than that agreed upon. The place of 10,662
storage shall be designated by the sheriff or chief. When 10,663
ordering a vessel or motor into storage under division (B)(1) of 10,664
243
this section, a sheriff or chief, whenever possible, shall 10,666
arrange for the removal of the vessel or motor by a private tow 10,667
truck operator or towing company.
(2)(a) Except as provided in division (B)(2)(d) of this 10,670
section, no person, without the consent of the owner or other 10,671
person authorized to give consent, shall moor, anchor, or tie a 10,672
vessel OR OUTBOARD MOTOR at a private dock or mooring facility or 10,674
structure owned by another person if the owner has posted, in a 10,675
conspicuous manner, a prohibition against the mooring, anchoring,
or tying of vessels OR OUTBOARD MOTORS at the dock, facility, or 10,676
structure by any person not having the consent of the owner or 10,678
other person authorized to give consent.
(b) If the owner of a private dock or mooring facility or 10,680
structure has posted at the dock, facility, or structure, in a 10,681
conspicuous manner, conditions and regulations under which the 10,682
mooring, anchoring, or tying of vessels OR OUTBOARD MOTORS is 10,683
permitted at the dock, facility, or structure, no person, except 10,685
as provided in division (B)(2)(d) of this section, shall moor, 10,687
anchor, or tie a vessel OR OUTBOARD MOTOR at the dock, facility, 10,688
or structure in violation of the posted conditions and 10,689
regulations.
(c) The owner of a private dock or mooring facility or 10,691
structure may order towed into storage any vessel OR OUTBOARD 10,692
MOTOR found moored, anchored, or tied in violation of division 10,694
(B)(2)(a) or (b) of this section, provided that the owner of the 10,696
dock, facility, or structure posts on it a sign that states that 10,698
the dock, facility, or structure is private, is visible from all 10,699
entrances to the dock, facility, or structure, and contains all 10,700
of the following information:
(i) The information specified in division (B)(2)(a) or (b) 10,703
of this section, as applicable; 10,704
(ii) A notice that violators will be towed and that 10,706
violators are responsible for paying the cost of the towing; 10,707
(iii) The telephone number of the person from whom a towed 10,709
244
vessel OR OUTBOARD MOTOR may be recovered, and the address of the 10,710
place to which the vessel OR OUTBOARD MOTOR will be taken and the 10,712
place from which it may be recovered.
(d) Divisions (B)(2)(a) and (b) of this section do not 10,716
prohibit a person from mooring, anchoring, or tying a vessel OR 10,717
OUTBOARD MOTOR at a private dock or mooring facility or structure 10,718
if either of the following applies: 10,719
(i) The vessel OR OUTBOARD MOTOR is disabled due to a 10,721
mechanical or structural malfunction, provided that the person 10,723
immediately removes the vessel OR OUTBOARD MOTOR from the dock, 10,725
facility, or structure when the malfunction is corrected or when
a reasonable attempt has been made to correct it; 10,726
(ii) Weather conditions are creating an imminent threat to 10,728
safe operation of the vessel OR OUTBOARD MOTOR, provided that the 10,729
person immediately removes the vessel OR OUTBOARD MOTOR from the 10,731
dock, facility, or structure when the weather conditions permit 10,733
safe operation of the vessel OR OUTBOARD MOTOR.
(e) A person whose vessel OR OUTBOARD MOTOR is towed into 10,735
storage under division (B)(2)(c) of this section either shall pay 10,737
the costs of the towing of the vessel OR OUTBOARD MOTOR or shall 10,738
reimburse the owner of the dock or mooring facility or structure 10,740
for the costs that the owner incurs in towing the vessel OR 10,741
OUTBOARD MOTOR.
(3) Subject to division (C) of this section, the owner of 10,744
a vessel or motor that has been removed under division (B) of 10,745
this section may recover the vessel or motor only in accordance 10,747
with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor 10,749
that has been ordered into storage under division (B) of this 10,750
section arrives after the vessel or motor has been prepared for 10,751
removal, but prior to its actual removal from the property, the 10,752
owner or operator shall be given the opportunity to pay a fee of 10,753
not more than one-half of the charge for the removal of vessels 10,754
or motors under division (B) of this section that normally is 10,755
245
assessed by the person who has prepared the vessel or motor for 10,756
removal, in order to obtain release of the vessel or motor. Upon 10,757
payment of that fee, the vessel or motor shall be released to the 10,758
owner or operator, and upon its release, the owner or operator 10,759
immediately shall move it so that it is not on the private 10,760
property without the permission of the person having the right to 10,761
possession of the property, or is not at the facility or place of 10,762
storage without the permission of the owner, whichever is 10,763
applicable. 10,764
(D) Each county sheriff, each chief of police of a 10,766
municipal corporation, township, or township police district, and 10,767
each other chief of a law enforcement agency shall maintain a 10,768
record of vessels or outboard motors that are ordered into 10,770
storage under division (B)(1) of this section. The record shall
include an entry for each such vessel or motor that identifies 10,772
the vessel's hull identification number or serial number, if any, 10,773
the vessel's or motor's make, model, and color, the location from 10,774
which it was removed, the date and time of its removal, the 10,775
telephone number of the person from whom it may be recovered, and 10,776
the address of the place to which it has been taken and from 10,777
which it may be recovered. Any information in the record that 10,778
pertains to a particular vessel or motor shall be provided to any 10,779
person who, pursuant to a statement the person makes either in 10,780
person or by telephone, is identified as the owner or operator of 10,782
the vessel or motor and requests information pertaining to its
location. 10,783
(E) Any person who registers a complaint that is the basis 10,785
of a sheriff's or chief's order for the removal and storage of a 10,786
vessel or outboard motor under division (B)(1) of this section 10,787
shall provide the identity of the law enforcement agency with 10,788
which the complaint was registered to any person who, pursuant to 10,790
a statement the person makes, is identified as the owner or 10,791
operator of the vessel or motor and requests information 10,792
pertaining to its location.
246
(F)(1) The owner of a vessel or outboard motor that is 10,794
ordered into storage under division (B) of this section may 10,795
reclaim it upon payment of any expenses or charges incurred in 10,796
its removal, in an amount not to exceed two hundred dollars, and 10,797
storage, in an amount not to exceed five dollars per 10,798
twenty-four-hour period, and upon presentation of proof of 10,799
ownership, which may be evidenced by a certificate of title to 10,801
the vessel or motor, certificate of United States coast guard 10,802
documentation, or certificate of registration if the vessel or 10,803
motor is not subject to titling under section 1548.01 of the 10,804
Revised Code.
(2) If a vessel or outboard motor that is ordered into 10,807
storage under division (B)(1) of this section remains unclaimed 10,809
by the owner for thirty days, the procedures established by 10,810
sections 1547.301 and 1547.302 of the Revised Code shall apply. 10,811
(3) If a vessel or outboard motor ordered into storage 10,814
under division (B)(2) of this section remains unclaimed for
seventy-two hours after being stored, the tow truck operator or 10,816
towing company that removed the vessel or outboard motor shall 10,817
provide notice of the removal and storage to the sheriff of a
county, chief of police of a municipal corporation, township, or 10,818
township police district, or other chief of a law enforcement 10,819
agency within whose territorial jurisdiction the vessel or 10,820
outboard motor had been moored, anchored, or tied in violation of 10,821
division (B)(2) of this section. The notice shall be in writing 10,823
and include the vessel's hull identification number or serial
number, if any, the vessel's or outboard motor's make, model, and 10,824
color, the location from which it was removed, the date and time 10,825
of its removal, the telephone number of the person from whom it 10,826
may be recovered, and the address of the place to which it has 10,827
been taken and from which it may be recovered. 10,828
Upon receipt of the notice, the sheriff or chief 10,830
immediately shall cause a search to be made of the records of the 10,831
division of watercraft to ascertain the owner and any lienholder 10,832
247
of the vessel or outboard motor, and, if known, shall send notice 10,833
to the owner and lienholder, if any, at the owner's and
lienholder's last known address by certified mail, return receipt 10,834
requested, that the vessel or outboard motor will be declared a 10,835
nuisance and disposed of if not claimed not later than thirty 10,836
days after the date of the mailing of the notice. 10,837
If the owner or lienholder makes no claim to the vessel or 10,839
outboard motor within thirty days of the date of the mailing of 10,840
the notice, the sheriff or chief shall file with the clerk of 10,841
courts of the county in which the place of storage is located an 10,842
affidavit showing compliance with the requirements of division 10,843
(F)(3) of this section, and the vessel or outboard motor shall be 10,844
disposed of in accordance with section 1547.302 of the Revised 10,845
Code. 10,846
(G) No person shall remove, or cause the removal of, any 10,848
vessel or outboard motor from private property other than in 10,849
accordance with division (B) of this section or section 1547.301 10,850
of the Revised Code. 10,851
Sec. 1547.302. (A) Unclaimed vessels or outboard motors 10,860
ordered into storage under division (B) of section 1547.30 or 10,861
section 1547.301 of the Revised Code shall be disposed of at the 10,862
order of the sheriff of the county, the chief of police of the 10,863
municipal corporation, township, or township police district, or 10,864
other ANOTHER chief of a law enforcement agency to IN ANY OF THE 10,866
FOLLOWING WAYS:
(1) TO a marine salvage dealer or to; 10,869
(2) TO any other facility owned, operated, or under 10,871
contract with the state, or the county, municipal corporation, 10,872
township, or other political subdivision, or shall be sold; 10,873
(3) TO A CHARITABLE ORGANIZATION, RELIGIOUS ORGANIZATION, 10,875
OR SIMILAR ORGANIZATION NOT USED AND OPERATED FOR PROFIT; 10,876
(4) BY SALE at public auction by the sheriff, THE chief, 10,879
or an auctioneer licensed under Chapter 4707. of the Revised 10,880
Code, after giving notice thereof OF THE AUCTION by 10,881
248
advertisement, published once a week for two consecutive weeks in 10,883
a newspaper of general circulation in the county. Any 10,884
(B) ANY moneys accruing from the disposition of an 10,886
unclaimed vessel or motor that are in excess of the expenses 10,887
resulting from the removal and storage of the vessel or motor 10,888
shall be credited to the general revenue fund, or to the general 10,889
fund of the county, municipal corporation, township, or other 10,890
political subdivision, as appropriate. 10,891
(C) AS USED IN THIS SECTION, "CHARITABLE ORGANIZATION" HAS 10,893
THE SAME MEANING AS IN SECTION 1716.01 OF THE REVISED CODE. 10,894
Sec. 1547.31. No person shall operate OR PERMIT TO BE 10,903
OPERATED on the waters in this state any powercraft without a 10,905
muffler, underwater exhaust, or other device that muffles or 10,906
suppresses the sound of the exhaust at all speeds.
THIS VERSION OF SECTION 1547.31 OF THE REVISED CODE IS 10,908
EFFECTIVE UNTIL REPEALED BY AM. S. B. 295 OF THE 121st GENERAL 10,909
ASSEMBLY ON DECEMBER 31, 1999. 10,910
Sec. 1547.33. Except on the waters of Lake Erie, the 10,919
Muskingum River, or the Ohio River, no person shall launch, moor, 10,920
dock, use, or operate, OR PERMIT TO BE OPERATED on any of the 10,921
waters in this state any vessel that contains a sink, toilet, or 10,922
sanitary system that is capable of discharging urine, fecal 10,923
matter, contents of a chemical commode, kitchen wastes, laundry 10,924
wastes, slop sink drainage, or other household wastes into the 10,925
waters in this state. Such A sink, toilet, or sanitary system 10,927
shall be removed or, sealed, or made to drain into a tank or 10,928
reservoir that can be carried or pumped ashore for disposal in a 10,929
sewage treatment works approved by the director of environmental 10,930
protection.
Sec. 1547.39. (A) No person shall, after January 1, 1977, 10,939
SHALL manufacture, sell, or offer for sale any watercraft 10,940
propelled by machinery as its principal source of power, or 10,941
watercraft designed to be manually propelled, less than twenty 10,942
feet in length, and designed to carry two or more persons, 10,943
249
manufactured after that date, unless a capacity plate containing 10,944
the correct information, as prescribed by regulations adopted by 10,945
the United States coast guard, is firmly attached to the 10,946
watercraft,. THE CAPACITY PLATE SHALL BE ATTACHED in such A 10,947
location that the capacity plate IT is clearly legible from the 10,948
position designed or intended to be occupied by the operator when 10,949
THE WATERCRAFT IS underway. 10,950
(B) No person shall operate OR PERMIT TO BE OPERATED ON 10,952
THE WATERS IN THIS STATE watercraft for which a capacity plate is 10,954
required under this section unless the capacity plate is 10,955
attached.
(C) No person shall alter, remove, or deface any 10,957
information contained on the capacity plate unless the 10,958
manufacturer has altered the watercraft in such a way that would 10,959
require a change in the information contained on the capacity 10,960
plate. 10,961
(D) As used in this section, "manufacture" means to 10,963
construct or assemble a watercraft, or to alter a watercraft in 10,964
such a manner as to affect or change its weight capacity or 10,965
occupant capacity. 10,966
Sec. 1547.40. (A) No person shall operate OR PERMIT TO BE 10,975
OPERATED ON THE WATERS IN THIS STATE a watercraft to which a 10,977
capacity plate is attached, if the total load exceeds the weight 10,978
capacity indicated on the capacity plate, if the number of
persons aboard exceeds the occupant capacity indicated on the 10,979
capacity plate, or if the horsepower of any attached outboard 10,980
motor exceeds the maximum horsepower indicated on the capacity 10,981
plate. 10,982
(B) When no capacity plate exists, no person shall operate 10,984
OR PERMIT TO BE OPERATED ON THE WATERS IN THIS STATE a watercraft 10,985
if a reasonably prudent person would believe that either of the 10,987
following circumstances applies:
(1) The total load aboard the watercraft has associated 10,989
with it a risk of physical harm to persons or property; 10,990
250
(2) The total horsepower of any inboard engine or attached 10,992
outboard motor has associated with it a risk of physical harm to 10,993
persons or property. 10,994
Sec. 1547.52. (A) The division of watercraft shall be 11,003
administered by the chief of the division of watercraft. The 11,004
chief may adopt, amend, and rescind: 11,005
(1) Rules considered necessary by the chief to supplement 11,007
the identification, operation, titling, use, registration, and 11,008
numbering of watercraft or vessels as provided in this chapter 11,009
and Chapter 1548. of the Revised Code; 11,010
(2) Rules governing the navigation of vessels on waters in 11,012
this state, including, but not limited to, rules regarding 11,013
steering and sailing, the conduct of vessels in sight of one 11,014
another or in restricted visibility, lights and shapes of lights 11,015
used on vessels, and sound and light signals. As the chief 11,016
considers necessary, these navigational rules shall be consistent 11,017
with and equivalent to the rules REGULATIONS and interpretive 11,018
rulings governing inland waters adopted or issued under the 11,020
"Inland Navigational Rules Act of 1980," 94 Stat. 3415, 33 11,021
U.S.C.A. 151, 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073. 11,022
(3) RULES ESTABLISHING FEES AND CHARGES FOR ALL OF THE 11,025
FOLLOWING:
(a) BOATING SKILL DEVELOPMENT CLASSES AND OTHER 11,027
EDUCATIONAL CLASSES; 11,028
(b) LAW ENFORCEMENT SERVICES PROVIDED AT SPECIAL EVENTS 11,031
WHEN THE SERVICES ARE IN ADDITION TO NORMAL ENFORCEMENT DUTIES; 11,032
(c) INSPECTIONS OF VESSELS OR MOTORS CONDUCTED UNDER THIS 11,035
CHAPTER OR CHAPTER 1548. OF THE REVISED CODE. 11,037
All rules adopted by the chief under this division (A) OF 11,039
THIS SECTION shall be adopted in accordance with Chapter 119. of 11,041
the Revised Code, and shall be ARE subject to the prior approval 11,042
of the director of natural resources. 11,044
(B) The chief, with the approval of the director of 11,046
natural resources, may employ such clerical and technical help as 11,047
251
he THE CHIEF considers necessary. 11,048
(C) The chief may designate license agents with the 11,050
approval of the director of natural resources. 11,051
(D) The division is hereby designated as the agency to 11,053
administer the Ohio boating safety program and allocated federal 11,054
funds under, and the chief shall prepare and submit reports in 11,055
such form as may be required by, the "Federal Boat Safety Act of 11,056
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended. 11,057
(E) THE CHIEF MAY SELL ANY OF THE FOLLOWING: 11,060
(1) ITEMS RELATED TO OR THAT PROMOTE BOATING SAFETY, 11,063
INCLUDING, BUT NOT LIMITED TO, PINS, BADGES, BOOKS, BULLETINS, 11,064
MAPS, PUBLICATIONS, CALENDARS, AND OTHER EDUCATIONAL ARTICLES; 11,065
(2) ARTIFACTS PERTAINING TO BOATING; 11,067
(3) CONFISCATED OR FORFEITED ITEMS; 11,069
(4) SURPLUS EQUIPMENT. 11,071
Sec. 1547.521. (A) The law enforcement officers of the 11,080
division of watercraft shall be known as "state watercraft 11,081
officers." The chief of the division of watercraft and state 11,082
watercraft officers: 11,083
(1) Shall develop and conduct educational programs in 11,085
vessel safety, sanitation, and operation, and in other related 11,086
subjects which THAT the chief considers appropriate or necessary; 11,088
(2) Shall enforce this chapter and Chapter 1548. of the 11,090
Revised Code and rules adopted under them, and may enforce laws 11,091
prohibiting the dumping of refuse, trash, or litter into the 11,092
waters in this state and Chapters 2925. and 3719. of the Revised 11,093
Code on all waters in the state; 11,094
(3) Shall have, on ON any lands owned, controlled, 11,096
maintained, or administered by the department of natural 11,097
resources and on any waters in this state, SHALL HAVE the 11,098
authority vested in police officers SPECIFIED under section 11,099
2935.03 of the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT 11,101
OF NATURAL RESOURCES to keep the peace, to enforce all laws and 11,102
rules governing those lands and waters, and to make arrests for 11,103
252
violation of those laws and rules, provided that such THE 11,104
authority shall be exercised on lands or waters administered by 11,106
another division of the department only pursuant to an agreement 11,107
with the chief of that division or to a request for assistance by 11,108
an enforcement officer of that division in an emergency. The 11,109
jurisdiction of STATE watercraft officers shall be concurrent 11,110
with that of the peace officers of the county, township, or 11,111
municipal corporation in which the violation occurs. 11,112
(4) May, for FOR the purpose of enforcing the laws and 11,114
rules which THAT they have the authority to enforce, MAY stop, 11,115
board, and conduct a safety inspection of any vessel; 11,117
(5) May serve and execute any citation, summons, warrant, 11,119
or other process issued with respect to any law THAT they have 11,120
the authority to enforce. 11,121
(B) A state watercraft officer may render assistance to a 11,123
state or local law enforcement officer at the request of that 11,124
officer or may render assistance to a state or local law 11,125
enforcement officer in the event of an emergency. 11,126
Watercraft STATE WATERCRAFT officers serving outside the 11,128
division of watercraft under this section or serving under the 11,130
terms of a mutual aid compact authorized under section 1501.02 of 11,131
the Revised Code shall be considered as performing services 11,132
within their regular employment for the purposes of compensation, 11,133
pension or indemnity fund rights, workers' compensation, and 11,134
other rights or benefits to which they may be entitled as 11,135
incidents of their regular employment. 11,136
Watercraft STATE WATERCRAFT officers serving outside the 11,138
division of watercraft under this section or under a mutual aid 11,140
compact retain personal immunity from civil liability as 11,141
specified in section 9.86 of the Revised Code and shall not be 11,142
considered an employee of a political subdivision for purposes of 11,143
Chapter 2744. of the Revised Code. A political subdivision that 11,144
uses STATE watercraft officers under this section or under the 11,145
terms of a mutual aid compact authorized under section 1501.02 of 11,146
253
the Revised Code is not subject to civil liability under Chapter 11,147
2744. of the Revised Code as the result of any action or omission 11,148
of any STATE watercraft officer acting under this section or 11,149
under a mutual aid compact. 11,150
Sec. 1547.531. (A) No (1) EXCEPT AS PROVIDED IN DIVISION 11,159
(A)(2) OR (B) OF THIS SECTION, NO person shall operate or give 11,161
permission for the operation of any watercraft on the waters in 11,162
this state unless the watercraft is registered in the name of the 11,163
current owner in accordance with section 1547.54 of the Revised 11,164
Code, and the registration is valid and in effect. If 11,165
(2) ON AND AFTER JANUARY 1, 1999, IF a titled watercraft 11,168
or vessel documented by the United States coast guard THAT IS 11,169
REQUIRED TO BE ISSUED A CERTIFICATE OF TITLE UNDER CHAPTER 1548. 11,170
OF THE REVISED CODE is transferred to a new owner, it need not be 11,171
registered UNDER SECTION 1547.54 OF THE REVISED CODE for 11,172
forty-five days following the date of the transfer, provided that 11,173
the new owner PURCHASES A TEMPORARY WATERCRAFT REGISTRATION UNDER 11,174
DIVISION (A) OF THIS SECTION OR holds a bill of sale from a 11,175
watercraft dealer dated at the time of the transfer, a notarized 11,177
paper evidencing the transfer and dated at the time of the 11,178
transfer, or proof of application for transfer of documentation. 11,179
Watercraft FOR THE PURPOSES OF DIVISION (A)(2) OF THIS 11,183
SECTION, A TEMPORARY WATERCRAFT REGISTRATION OR A BILL OF SALE 11,184
FROM A WATERCRAFT DEALER SHALL CONTAIN AT LEAST ALL OF THE 11,185
FOLLOWING INFORMATION: 11,186
(a) THE HULL IDENTIFICATION NUMBER OR SERIAL NUMBER OF THE 11,188
WATERCRAFT; 11,189
(b) THE MAKE OF THE WATERCRAFT; 11,191
(c) THE LENGTH OF THE WATERCRAFT; 11,193
(d) THE TYPE OF PROPULSION, IF ANY; 11,195
(e) THE STATE IN WHICH THE WATERCRAFT PRINCIPALLY IS 11,198
OPERATED;
(f) THE NAME OF THE OWNER; 11,200
(g) THE ADDRESS OF THE OWNER, INCLUDING THE ZIP CODE; 11,203
254
(h) THE SIGNATURE OF THE OWNER; 11,205
(i) THE DATE OF PURCHASE; 11,207
(j) A NOTICE TO THE OWNER THAT THE TEMPORARY WATERCRAFT 11,210
REGISTRATION EXPIRES FORTY-FIVE DAYS AFTER THE DATE OF PURCHASE 11,211
OF THE WATERCRAFT OR THAT THE WATERCRAFT CANNOT BE OPERATED ON 11,212
THE WATERS IN THIS STATE SOLELY UNDER THE BILL OF SALE BEGINNING 11,213
FORTY-FIVE DAYS AFTER THE DATE OF PURCHASE OF THE WATERCRAFT, AS 11,214
APPLICABLE.
(3) A PERSON MAY PURCHASE A TEMPORARY WATERCRAFT 11,216
REGISTRATION FROM THE CHIEF OF THE DIVISION OF WATERCRAFT OR FROM 11,218
AN AUTHORIZED AGENT DESIGNATED UNDER SECTION 1547.54 OF THE 11,219
REVISED CODE. THE CHIEF SHALL FURNISH FORMS FOR TEMPORARY 11,221
WATERCRAFT REGISTRATIONS TO AUTHORIZED AGENTS. IN ADDITION TO 11,222
COMPLETING THE REGISTRATION FORM WITH THE INFORMATION SPECIFIED 11,223
IN DIVISIONS (A)(2)(a) TO (i) OF THIS SECTION, THE PERSON SHALL 11,226
PAY ONE OF THE FOLLOWING FEES, AS APPLICABLE:
(a) FOR CANOES, KAYAKS, ROWBOATS, AND INFLATABLE 11,229
WATERCRAFT, FOUR DOLLARS;
(b) FOR CLASS A WATERCRAFT, INCLUDING MOTORIZED CANOES, 11,233
TEN DOLLARS;
(c) FOR CLASS 1 WATERCRAFT, FIFTEEN DOLLARS; 11,236
(d) FOR CLASS 2 WATERCRAFT, TWENTY DOLLARS; 11,239
(e) FOR CLASS 3 WATERCRAFT, TWENTY-FIVE DOLLARS; 11,242
(f) FOR CLASS 4 WATERCRAFT, THIRTY DOLLARS. 11,245
MONEYS RECEIVED FOR THE PAYMENT OF TEMPORARY WATERCRAFT 11,247
REGISTRATIONS SHALL BE DEPOSITED TO THE CREDIT OF THE WATERWAYS 11,248
SAFETY FUND CREATED IN SECTION 1547.75 OF THE REVISED CODE. 11,251
(4) IN ADDITION TO THE APPLICABLE FEE ESTABLISHED UNDER 11,254
DIVISION (A)(3) OF THIS SECTION, THE CHIEF OR AN AUTHORIZED AGENT 11,255
SHALL CHARGE AN ADDITIONAL FEE OF THREE DOLLARS FOR A TEMPORARY 11,256
WATERCRAFT REGISTRATION THAT THE CHIEF OR THE AUTHORIZED AGENT 11,257
ISSUES. WHEN THE TEMPORARY WATERCRAFT REGISTRATION IS ISSUED BY 11,258
AN AUTHORIZED AGENT, THE AGENT MAY RETAIN THE ADDITIONAL FEE. 11,259
WHEN THE TEMPORARY WATERCRAFT REGISTRATION IS ISSUED BY THE 11,260
255
CHIEF, THE ADDITIONAL FEE SHALL BE DEPOSITED TO THE CREDIT OF THE 11,261
WATERWAYS SAFETY FUND. 11,262
(5) A PERSON WHO PURCHASES A TEMPORARY WATERCRAFT 11,264
REGISTRATION AND WHO SUBSEQUENTLY APPLIES FOR A REGISTRATION 11,265
CERTIFICATE UNDER SECTION 1547.54 OF THE REVISED CODE NEED NOT 11,268
PAY THE INITIAL FEE ESTABLISHED FOR THE CERTIFICATE UNDER 11,269
DIVISION (A)(2) OF THAT SECTION, PROVIDED THAT AT THE TIME OF 11,271
APPLICATION FOR THE REGISTRATION CERTIFICATE, THE PERSON 11,272
FURNISHES PROOF OF PAYMENT FOR THE TEMPORARY WATERCRAFT 11,273
REGISTRATION.
(6) A PERSON WHO PURCHASES A TEMPORARY WATERCRAFT 11,275
REGISTRATION, WHO SUBSEQUENTLY APPLIES FOR A REGISTRATION 11,276
CERTIFICATE UNDER SECTION 1547.54 OF THE REVISED CODE, AND WHO IS 11,279
EXEMPT FROM PAYMENT FOR THE REGISTRATION CERTIFICATE UNDER 11,280
DIVISION (O) OF THAT SECTION MAY APPLY TO THE CHIEF FOR A REFUND 11,282
OF THE AMOUNT PAID FOR THE TEMPORARY WATERCRAFT REGISTRATION AT 11,283
THE TIME THAT THE PERSON APPLIES FOR A REGISTRATION CERTIFICATE. 11,284
THE CHIEF SHALL REFUND THAT AMOUNT UPON ISSUANCE TO THE PERSON OF 11,285
A REGISTRATION CERTIFICATE. 11,286
(7) ALL RECORDS OF THE DIVISION OF WATERCRAFT MADE OR 11,288
MAINTAINED FOR THE PURPOSES OF DIVISIONS (A)(2) TO (8) OF THIS 11,290
SECTION ARE PUBLIC RECORDS. THE RECORDS SHALL BE AVAILABLE FOR 11,291
INSPECTION AT REASONABLE HOURS AND IN A MANNER THAT IS COMPATIBLE 11,293
WITH NORMAL OPERATIONS OF THE DIVISION.
(8) PURSUANT TO DIVISION (A)(1) OF SECTION 1547.52 OF THE 11,297
REVISED CODE, THE CHIEF MAY ADOPT RULES ESTABLISHING ALL OF THE 11,299
FOLLOWING:
(a) RECORD-KEEPING REQUIREMENTS GOVERNING THE ISSUANCE OF 11,302
TEMPORARY WATERCRAFT REGISTRATIONS AND THE USE OF BILLS OF SALE 11,303
FROM WATERCRAFT DEALERS FOR THE PURPOSES OF DIVISION (A)(2) OF 11,304
THIS SECTION; 11,305
(b) PROCEDURES AND REQUIREMENTS FOR THE REFUND OF FEES 11,308
UNDER DIVISION (A)(6) OF THIS SECTION; 11,309
(c) ANY OTHER PROCEDURES AND REQUIREMENTS NECESSARY FOR 11,312
256
THE ADMINISTRATION AND ENFORCEMENT OF DIVISIONS (A)(2) TO (8) OF 11,313
THIS SECTION. 11,314
(B) ALL OF THE FOLLOWING WATERCRAFT ARE exempt from 11,316
registration are: 11,317
(1) Those that are exempt from numbering by the state 11,319
under divisions (B) to (G) of section 1547.53 of the Revised 11,320
Code; 11,321
(2) Those that have been issued a commercial documentation 11,323
by the United States coast guard or its successor and are used 11,324
exclusively for commercial purposes; 11,325
(3) Those that have been documented by the United States 11,327
coast guard or its successor as temporarily transitting, whose 11,328
principal use is not on the waters in this state, and that have 11,329
not been used within this state for more than sixty days. 11,330
(B)(C) No person shall operate a watercraft documented by 11,332
the United States coast guard or its successor unless the 11,333
certificate of documentation is valid, is on the watercraft for 11,334
which it has been issued, and is available for inspection 11,335
whenever the watercraft is in operation. In accordance with 46 11,336
C.F.R. part 67, as amended, the watercraft shall display the 11,337
official number, the vessel name, and the home port listed on the 11,338
certificate of documentation. 11,339
(C)(D)(1) For the purposes of this section and section 11,341
1547.53 of the Revised Code, a watercraft is principally using 11,342
the waters in this state if any of the following applies: 11,343
(a) The owner resides in this state and declares that the 11,345
watercraft principally is using the waters in this state; 11,346
(b) The owner resides in another state, but declares that 11,348
the watercraft principally is using the waters in this state; 11,349
(c) The watercraft is registered in another state or 11,351
documented by the United States coast guard and is used within 11,352
this state for more than sixty days regardless of whether it has 11,353
been assigned a seasonal or permanent mooring at any public or 11,354
private docking facility in this state. 11,355
257
(2) Notwithstanding division (C)(D)(1)(c) of this section, 11,357
a person on active duty in the armed forces of the United States 11,358
may register a watercraft in his THE PERSON'S state of permanent 11,359
residence in lieu of registering it in this state regardless of 11,361
the number of days that the watercraft is used in this state. 11,362
Sec. 1547.542. Any person or organization owning any 11,371
number of canoes, kayaks, rowboats, inflatable watercraft, or 11,372
sailboats for the purpose of rental to the public may apply with 11,373
the chief of the division of watercraft for and receive an annual 11,374
certificate of livery registration. No watercraft shall be 11,375
rented to the public from a livery or other place of business in 11,376
this state unless it has first HAS been numbered and registered 11,378
in accordance with this section or section 1547.54 of the Revised 11,379
Code. Certificates of livery registration shall be issued only 11,380
BY AN AUTHORIZED AGENT WHO IS SELECTED by the chief FROM AMONG 11,382
THOSE DESIGNATED UNDER SECTION 1547.54 OF THE REVISED CODE. The 11,383
certificate shall indicate DISPLAY the name of the owner of the 11,385
livery, the date of issuance, the date of expiration, the number 11,386
of watercraft registered, the fee paid, AN AUTHORIZED FACSIMILE 11,387
OF the signature of the chief PROVIDED BY THE AUTHORIZED AGENT 11,388
WHO IS SELECTED TO ISSUE THE CERTIFICATE, and the signature of 11,389
the livery owner. The certificate shall bear the livery 11,390
watercraft registration number assigned to the livery owner, 11,391
which shall be displayed in accordance with section 1547.57 of 11,392
the Revised Code on each watercraft in the fleet for which the 11,393
certificate was issued. The owner of a livery shall obtain an 11,394
amended certificate of livery registration from the chief 11,395
whenever the composition of the fleet changes. 11,396
The fee for each watercraft registered under this section 11,398
shall be in accordance with the registration fees prescribed in 11,399
section 1547.54 of the Revised Code. However, if the size of the 11,400
fleet does not increase, the fee for an amended certificate of 11,401
livery registration shall be the fee prescribed for issuing a 11,402
duplicate registration certificate under section 1547.54 of the 11,403
258
Revised Code, and the chief shall not refund to the livery owner 11,404
all or any portion of an annual registration fee applicable to a 11,405
watercraft transferred or abandoned by the livery owner. If the 11,406
size of the fleet increases, the livery owner shall be required 11,407
to pay the applicable annual registration fee for each watercraft 11,408
registered under an amended certificate of livery registration 11,409
that is in excess of the number of watercraft contained in the 11,410
annual certificate of livery registration. 11,411
The certificate of livery registration, rental receipts, 11,413
and required safety equipment are subject to inspection at any 11,414
time at the livery's place of business by any authorized 11,415
representative of the division of watercraft or any law 11,416
enforcement officer in accordance with section 1547.63 of the 11,417
Revised Code. 11,418
Except as provided in this section, all watercraft 11,420
registered under this section are subject to this chapter and 11,421
Chapter 1548. of the Revised Code. 11,422
The chief may issue an order temporarily or permanently 11,424
restricting or suspending a livery certificate of registration 11,425
and the privileges associated therewith WITH IT without a hearing 11,427
if he THE CHIEF finds that the holder of the certificate has 11,428
violated this chapter. 11,429
Sec. 1547.543. (A) Any bona fide dealer in watercraft, or 11,438
any manufacturer thereof OF WATERCRAFT, upon annual application 11,439
to the division of watercraft, may receive for each separate 11,442
place of business a dealer or manufacturer registration
certificate assigning a dealer number for use while operating 11,443
watercraft on the waters in this state. A dealer or manufacturer 11,444
registration certificate shall not be used for any commercial 11,445
purpose such as the rental or chartering of watercraft, nor shall 11,446
the certificate be loaned to any person for the purpose of 11,447
circumventing any law of this state. 11,448
The fee for such license A CERTIFICATE shall be fifty 11,450
dollars annually. 11,451
259
THE CHIEF OF THE DIVISION OF WATERCRAFT SHALL SELECT AN 11,453
AUTHORIZED AGENT FROM AMONG THOSE DESIGNATED UNDER SECTION 11,454
1547.54 OF THE REVISED CODE TO ISSUE DEALER AND MANUFACTURER 11,457
REGISTRATION CERTIFICATES. THE AGENT SHALL PROVIDE AN AUTHORIZED 11,458
FACSIMILE OF THE SIGNATURE OF THE CHIEF ON EACH REGISTRATION 11,459
CERTIFICATE AND ON EACH POCKET-SIZED CERTIFICATE ISSUED UNDER 11,460
THIS SECTION.
(B) Registration certificates issued to marine dealers or 11,462
manufacturers shall be available for inspection at all times at 11,463
the dealers' or manufacturers' place of business for which the 11,464
certificates were issued. 11,465
(C) The division of watercraft shall issue to each 11,467
registered dealer or manufacturer one or more pocket-sized 11,468
certificates bearing the dealer or manufacturer registration 11,469
number, which shall be carried by the dealer, THE manufacturer, 11,470
or AN employee aboard any watercraft being operated on the waters 11,472
in this state. 11,473
(D) Each dealer in or manufacturer of watercraft shall 11,475
display on both sides of any watercraft being operated on the 11,476
waters in this state the dealer or manufacturer registration 11,477
number and the validation decals assigned by THE AUTHORIZED AGENT 11,478
SELECTED BY the chief UNDER THIS SECTION so that the decals and 11,480
number are clearly visible under normal operating conditions. 11,481
The division AUTHORIZED AGENT SELECTED BY THE CHIEF shall furnish 11,482
with each dealer or manufacturer registration certificate one or 11,483
more sets of registration validation decals of a size and shape 11,484
prescribed by the chief. Additional sets of decals may be 11,485
purchased for a two-dollar fee. 11,486
(E) The chief may issue an order temporarily or 11,488
permanently restricting or suspending a dealer or manufacturer 11,489
registration certificate without a hearing if the chief finds 11,490
that the holder of the certificate has violated this section. 11,492
Sec. 1547.57. When the chief of the division of watercraft 11,501
issues a registration certificate under section 1547.54 of the 11,502
260
Revised Code, he THE CHIEF also shall issue to the applicant two 11,503
tags not larger than three inches square, color coded, indicating 11,504
the expiration date of the certificate. The owner of watercraft 11,505
currently documented by the United States coast guard and for 11,506
which a registration certificate is issued shall securely affix 11,507
one tag to the watercraft's port side and the other tag to the 11,508
starboard side, so that the tags are clearly visible under normal 11,509
operating conditions. THE TAGS SHALL BE REMOVED FROM THE 11,510
WATERCRAFT WHEN THEY BECOME INVALID. The owner of any other 11,511
watercraft for which a registration certificate is issued shall 11,512
securely affix one tag to the watercraft's port side, six inches 11,513
toward the stern from the identification number, and the other 11,514
tag to the starboard side, six inches toward the stern from the 11,515
identification number. The tags shall be securely affixed to the 11,516
watercraft prior to its operation, BUT SHALL BE REMOVED FROM THE 11,517
WATERCRAFT WHEN THEY BECOME INVALID. A person may operate 11,518
without a registration certificate, for a period not to exceed 11,519
thirty days, any watercraft required to be titled on the waters 11,520
in this state, if he THE PERSON has in his THE PERSON'S 11,522
possession on the watercraft a dealer's dated bill of sale or, in 11,523
the case of a casual sale, a notarized bill of sale. 11,524
The owner of every watercraft requiring numbering by this 11,526
state shall attach to each side of the bow of the watercraft the 11,527
permanent identification number in such manner as may be 11,528
prescribed by applicable federal standards in order that it shall 11,529
be clearly visible. The number shall be maintained in a legible 11,530
condition at all times. No number other than the number assigned 11,531
to a watercraft or granted by reciprocity pursuant to this 11,532
chapter shall be painted, attached, or otherwise displayed on 11,533
either side of the bow of the watercraft. 11,534
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 11,536
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 11,537
SECTION.
Sec. 1547.69. (A) As used in this section: 11,546
261
(1) "Firearm" has the same meaning as in section 2923.11 11,548
of the Revised Code. 11,549
(2) "Unloaded" has the same meaning as in section 2923.16 11,551
of the Revised Code. 11,552
(B) No person shall knowingly discharge a firearm while in 11,554
or on a vessel. 11,555
(C) No person shall knowingly transport or have a loaded 11,557
firearm in a vessel, in such a manner that the firearm is 11,558
accessible to the operator or any passenger. 11,559
(D) No person shall knowingly transport or have a firearm 11,561
in a vessel, unless it is unloaded and is carried in one of the 11,562
following ways: 11,563
(1) In a closed package, box, or case; 11,565
(2) In plain sight with the action opened or the weapon 11,567
stripped;, or, if the firearm is of a type on which the action 11,568
will not stay open or which THAT cannot easily be stripped, in 11,569
plain sight. 11,571
(E) The affirmative defense DEFENSES contained in 11,573
divisions (C)(1) and (2) of section 2923.12 of the Revised Code 11,575
are affirmative defenses to a charge under division (C) or (D) of 11,576
this section.
(F) Divisions (B), (C), and (D) of this section do not 11,578
apply to the possession or discharge of a United States coast 11,579
guard approved signaling device required to be carried aboard a 11,580
vessel under section 1547.251 of the Revised Code when the 11,581
signaling device is possessed or used for the purpose of giving a 11,582
visual distress signal. No person shall knowingly transport or 11,583
possess any such signaling device in or on a vessel in a loaded 11,584
condition at any time other than immediately prior to the 11,585
discharge of the signaling device for the purpose of giving a 11,586
visual distress signal. 11,587
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 11,589
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 11,590
(H) This section does not apply to officers, agents, or 11,592
262
employees of this or any other state or of the United States or 11,593
to law enforcement officers when authorized to carry or have 11,594
loaded or accessible firearms in a vessel and acting within the 11,595
scope of their duties, nor to persons legally engaged in hunting. 11,596
Sec. 1548.01. (A) As used in this chapter, "watercraft" 11,605
means any of the following when used or capable of being used as 11,606
a means of transportation on the water: 11,607
(1) A boat operated by machinery either permanently or 11,609
temporarily affixed; 11,610
(2) A sailboat other than a sailboard; 11,612
(3) An inflatable, manually propelled boat having a hull 11,614
identification number meeting the requirements of the United 11,615
States coast guard. 11,616
"Watercraft" does not include ferries as referred to in Chapter 11,618
4583. of the Revised Code HAS THE SAME MEANING AS IN SECTION 11,619
1547.01 OF THE REVISED CODE. 11,620
(B) This chapter does not apply to any of the following: 11,622
(1) A watercraft covered by a marine document in effect 11,624
that has been assigned to it by the United States government 11,626
pursuant to federal law;
(2) A watercraft from a country other than the United 11,628
States temporarily using the waters in this state; 11,629
(3) A watercraft whose owner is the United States, a 11,631
state, or a political subdivision thereof; 11,632
(4) A ship's lifeboat. As used in division (B)(4) of this 11,634
section, "lifeboat" means a watercraft that is held aboard 11,635
another vessel and used exclusively for emergency purposes. 11,636
(5) A canoe, kayak, or rowboat; 11,638
(6) Watercraft A WATERCRAFT less than fourteen feet in 11,640
length WITHOUT A PERMANENTLY AFFIXED MECHANICAL MEANS OF 11,641
PROPULSION;
(7) Outboard motors of less than ten horsepower as 11,643
determined by the manufacturer's rating. 11,644
(C) The various certificates, applications, and 11,646
263
assignments necessary to provide certificates of title for 11,647
watercraft and outboard motors shall be made on appropriate forms 11,649
approved by the chief of the division of watercraft.
Sec. 1548.05. No manufacturer, importer, dealer, or other 11,658
person shall sell or otherwise dispose of a new watercraft or 11,660
outboard motor to a dealer to be used by the dealer for purposes 11,661
of display and resale without delivering to the dealer a 11,662
manufacturer's or importer's certificate executed in accordance
with this section, and with such assignments thereon ON IT as are 11,664
necessary to show title in THE NAME OF the purchaser. No dealer 11,665
shall purchase or acquire a new watercraft or outboard motor 11,667
without obtaining from the seller the manufacturer's or 11,668
importer's certificate.
A manufacturer's or importer's certificate of the origin of 11,670
a watercraft or outboard motor shall contain the following 11,671
information, in such form and together with such further 11,673
information as the chief of the division of watercraft may 11,674
require:
(A) Description of the watercraft, including the make, 11,676
year, length, series or model, if any, body type, hull 11,678
identification number or serial number, and make, manufacturer's 11,679
serial number, and horsepower of any inboard motor or motors; or 11,680
description of the outboard motor, including the make, year, 11,681
series or model, if any, manufacturer's serial number, and 11,682
horsepower;
(B) Certification of the date of transfer of the 11,684
watercraft or outboard motor to a distributor or dealer or other 11,685
transferee, and the name and address of the transferee; 11,686
(C) Certification that this was the first transfer of the 11,688
new watercraft or outboard motor in ordinary trade and commerce; 11,689
(D) Signature and address of a representative of the 11,691
transferor.
An assignment of a manufacturer's or importer's certificate 11,693
before a notary public or other officer empowered to administer 11,694
264
oaths shall be printed on the reverse side of the manufacturer's 11,695
or importer's certificate in the form to be prescribed by the 11,696
chief. The assignment form shall include the name and address of 11,697
the transferee, a certification that the watercraft or outboard
motor is new, and a warranty that the title at the time of 11,698
delivery is subject only to such liens and encumbrances as are 11,699
set forth and described in full in the assignment. 11,700
Sec. 1548.06. Application for a certificate of title for a 11,709
watercraft or outboard motor shall be made upon a form prescribed 11,710
by the chief of the division of watercraft and shall be sworn to 11,711
before a notary public or other officer empowered to administer 11,712
oaths. The application shall be filed with the clerk of the 11,713
court of common pleas of the county in which the applicant 11,714
resides if the applicant is a resident of this state or, if not a 11,715
resident, in the county in which the transaction is consummated. 11,716
The application shall be accompanied by the fee prescribed in 11,717
section 1548.10 of the Revised Code, and if a certificate of 11,718
title previously has been issued for the watercraft or outboard 11,719
motor, it shall be accompanied by the certificate of title duly 11,720
assigned unless otherwise provided in this chapter. If a 11,721
certificate of title previously has not been issued for the 11,722
watercraft or outboard motor in this state, the application, 11,723
unless otherwise provided in this chapter, shall be accompanied 11,724
by a manufacturer's or importer's certificate,; by a sworn 11,725
statement of ownership if THE WATERCRAFT OR OUTBOARD MOTOR WAS 11,726
purchased by the applicant on or before October 9, 1963, OR IF 11,729
THE WATERCRAFT IS LESS THAN FOURTEEN FEET LONG WITH A PERMANENTLY 11,730
AFFIXED MECHANICAL MEANS OF PROPULSION AND WAS PURCHASED BY THE 11,731
APPLICANT ON OR BEFORE JANUARY 1, 2000; or by a certificate of 11,734
title, bill of sale, or other evidence of ownership required by 11,735
the law of another state from which the watercraft or outboard 11,736
motor was brought into this state. Evidence of ownership of a 11,737
watercraft or outboard motor for which an Ohio certificate of 11,738
title previously has not been issued and which watercraft or 11,739
265
outboard motor does not have permanently affixed thereto a 11,740
manufacturer's serial number shall be accompanied by the 11,741
certificate of ASSIGNMENT OF A hull identification number 11,742
assigned by the chief as provided in section 1548.07 of the 11,744
Revised Code. The
THE clerk shall retain the evidence of title presented by 11,747
the applicant and on which the certificate of title is issued. 11,748
The clerk shall use reasonable diligence in ascertaining whether 11,749
the facts in the application are true by checking the application 11,750
and documents accompanying it with the records of watercraft and 11,751
outboard motors in his THE CLERK'S office. If satisfied that the 11,753
applicant is the owner of the watercraft or outboard motor and 11,754
that the application is in the proper form, the clerk shall issue 11,755
a certificate of title over his THE CLERK'S signature and sealed 11,756
with his THE CLERK'S seal. HOWEVER, IF THE EVIDENCE INDICATES 11,757
AND AN INVESTIGATION SHOWS THAT ONE OR MORE OHIO TITLES ALREADY 11,759
EXIST FOR THE WATERCRAFT OR OUTBOARD MOTOR, THE CHIEF MAY CAUSE 11,760
THE REDUNDANT TITLE OR TITLES TO BE CANCELED. 11,761
In the case of the sale of a watercraft or outboard motor 11,763
by a vendor to a general purchaser or user, the certificate of 11,764
title shall be obtained in the name of the purchaser by the 11,765
vendor upon application signed by the purchaser. In all other 11,766
cases the certificate shall be obtained by the purchaser. In all 11,768
cases of transfer of watercraft or outboard motors, the
application for certificate of title shall be filed within thirty 11,769
days after the later of the date of purchase or assignment of 11,770
ownership of the watercraft or outboard motor. If the 11,771
application for certificate of title is not filed within thirty 11,772
days after the later of the date of purchase or assignment of 11,773
ownership of the watercraft or outboard motor, the clerk shall 11,774
charge a late penalty fee of five dollars in addition to the fee 11,775
prescribed by section 1548.10 of the Revised Code. The clerk 11,776
shall retain the entire amount of each late penalty fee. 11,777
The clerk shall refuse to accept an application for 11,779
266
certificate of title unless the applicant either tenders with the 11,780
application payment of all taxes levied by or pursuant to Chapter 11,781
5739. or 5741. of the Revised Code, less, in the case of a sale 11,782
by a vendor, any discount to which the vendor is entitled under 11,783
section 5739.12 of the Revised Code, or submits any of the 11,784
following: 11,785
(A) A receipt issued by the tax commissioner or a clerk of 11,787
courts showing payment of the tax; 11,788
(B) A copy of the unit certificate of exemption completed 11,790
by the purchaser at the time of sale, as provided in section 11,791
5739.03 of the Revised Code; 11,792
(C) An exemption certificate, in a form prescribed by the 11,794
tax commissioner, that specifies why the purchase is not subject 11,795
to the tax imposed by Chapter 5739. or 5741. of the Revised Code. 11,796
Payment of the tax shall be in accordance with rules issued 11,798
by the tax commissioner, and the clerk shall issue a receipt in 11,799
the form prescribed by the tax commissioner to any applicant who 11,800
tenders payment of the tax with the application for registration 11,801
of title. 11,802
For receiving and disbursing the taxes paid to the clerk, 11,804
the clerk may retain a poundage fee of one per cent of the taxes 11,805
collected, which shall be paid into the general fund of the 11,806
county. In the case of casual sales of watercraft or outboard 11,807
motors that are subject to the tax imposed by Chapter 5739. or 11,808
5741. of the Revised Code, the purchase price for the purpose of 11,809
determining the tax shall be the purchase price on an affidavit 11,810
executed and filed with the clerk by the vendor on a form to be 11,811
prescribed by the chief of the division of watercraft, which 11,812
shall be prima-facie evidence of the price for the determination 11,813
of the tax. In addition to the information required by section 11,814
1548.08 of the Revised Code, each certificate of title shall 11,815
contain in bold lettering the following notification and 11,816
statements: "WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND 11,817
BUYER). You are required by law to state the true selling price. 11,819
267
A false statement is a violation of section 2921.13 of the 11,821
Revised Code and is punishable by six months imprisonment or a 11,822
fine of up to one thousand dollars, or both. All transfers are 11,823
audited by the department of taxation. The seller and buyer must 11,824
provide any information requested by the department of taxation. 11,825
The buyer may be assessed any additional tax found to be due."
The clerk shall forward all payments of taxes, less 11,827
poundage fees, to the treasurer of state in a manner to be 11,828
prescribed by the tax commissioner and shall furnish such 11,829
information to the commissioner as the commissioner may require. 11,830
For purposes of a transfer of a certificate of title, if the 11,831
clerk is satisfied that a secured party has discharged a lien, 11,832
but has not canceled the lien notation with the clerk of the 11,833
county of origin, he THE CLERK may cancel the lien notation on 11,834
the automated title processing system and notify the clerk of the 11,835
county of origin. 11,836
Sec. 1553.01. (A) There is hereby created in the 11,845
department of natural resources the division of civilian 11,846
conservation. The chief of the division shall be appointed by 11,847
the director of natural resources. 11,848
(B) The chief of the division of civilian conservation, 11,850
with the approval of the director and the advice of the civilian 11,851
conservation advisory committee created in section 1553.10 of the 11,853
Revised Code, shall DO ALL OF THE FOLLOWING:
(1) Divide the state into conservation areas; 11,855
(2) Establish, within conservation areas, residential and 11,857
nonresidential civilian conservation programs as THAT the chief 11,858
considers appropriate; 11,859
(3)(2) Establish eligibility standards in accordance with 11,861
section 1553.04 of the Revised Code for selecting applicants for 11,862
participation in conservation programs established under this 11,863
chapter; 11,864
(4)(3) Adopt rules in accordance with Chapter 119. of the 11,866
Revised Code to carry out the purposes of this chapter. 11,867
268
Sec. 1553.02. (A) The chief of the division of civilian 11,876
conservation shall ensure that each program established under 11,877
this chapter provides participants with EDUCATIONAL ADVANCEMENT 11,878
OPPORTUNITIES, LIFE SKILL DEVELOPMENT OPPORTUNITIES, AND work 11,879
experience related to the conservation, development, and 11,881
management of natural resources and recreational areas, 11,882
RESTORATION OF HISTORIC STRUCTURES, and assistance in the 11,883
development of related community programs. Such THE work 11,884
experience may include planting, pruning, and cutting of trees, 11,886
forest management including fire protection, reclaiming 11,887
strip-mined land, wildlife habitat development, drainage control, 11,888
prevention of shore and soil erosion, litter removal, trail 11,889
development, cleaning or repair of drainage ditches or streams, 11,890
highway and community beautification, construction of lakes, 11,891
ponds, and waterways to be used as fishing and hunting sites and 11,892
for other recreational purposes, flood control projects, urban 11,893
parks and recreational site development, assistance in times and 11,894
places of natural disasters, insect and pest control, 11,895
CONSTRUCTION AND RENOVATION OF FACILITIES, RESTORATION OF 11,896
HISTORIC STRUCTURES, and any other similar work experience 11,898
considered appropriate by the chief. Such THE programs may be 11,899
carried out on any publicly owned LAND or, with the prior written 11,900
approval of the person owning, administering, or controlling the 11,901
land, on privately owned land.
(B) The chief may, with the approval of the director, OF 11,903
NATURAL RESOURCES, MAY contract with any agency or political 11,904
subdivision of this state, other states, or the federal 11,906
government to enable the division to participate in any state, 11,907
federal, or community programs that he THE CHIEF considers to be 11,909
in the public interest.
(C) The chief may, with the approval of the director, MAY 11,911
contract with any person, company, corporation, or association in 11,912
order to carry out the purposes of Chapter 1553. of the Revised 11,913
Code THIS CHAPTER. 11,914
269
(D) The chief may do all things necessary to obtain any 11,916
federal assistance available for carrying out the purposes of 11,917
this chapter. 11,918
Sec. 1553.05. (A) Each participant in a conservation 11,927
program established under this chapter shall agree to participate 11,928
in the program for a period of not less than six months unless 11,930
participation for a period of less than six months is mandated by 11,931
another funding agency's statutory authority or rules or
regulations. 11,932
A AT THE DISCRETION OF THE CHIEF OF THE DIVISION OF 11,934
CIVILIAN CONSERVATION, A participant may participate in a program 11,935
for a period of more than six months, but no participant's total 11,936
period of participation in the civilian conservation program 11,937
shall exceed eighteen TWENTY-FOUR months except as otherwise 11,938
provided in this division. Subject to the approval of the 11,940
director of natural resources and the chief of the division of 11,941
civilian conservation, a participant who has attained corps 11,942
leader status may participate in the civilian conservation 11,943
program for up to twenty-four months.
(B) The division of civilian conservation shall compensate 11,945
each participant in an amount not less than the wage required by 11,946
Chapter 4111. of the Revised Code and the "Fair Labor Standards 11,947
Act of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended. The 11,948
division shall provide each participant in residential camps with 11,949
lodging, food, and necessary work clothing and such other 11,950
services as THAT the chief considers appropriate, all of which 11,951
shall be considered, in accordance with Chapter 4111. of the 11,953
Revised Code and the "Fair Labor Standards Act of 1938," 52 Stat. 11,954
1060, 29 U.S.C. 201, as amended, a part of the participant's 11,955
wage.
(C) The division shall provide participants in each 11,957
nonresidential conservation program with such compensation, in 11,958
money, goods, services, or any combination thereof OF THEM, as 11,960
THAT it considers appropriate in light of the nature of the
270
program and in accordance with Chapter 4111. of the Revised Code 11,961
and the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 11,962
U.S.C. 201, as amended. 11,963
(D) Participants shall not be considered as state 11,965
employees under Chapter 124. of the Revised Code and shall not be 11,966
permitted to participate in any public employee retirement 11,967
program while they are participants in the civilian conservation 11,968
program. They shall be considered employees of the state for the 11,969
purposes of section 9.83 and Chapters 4112. and 4123. of the 11,970
Revised Code. 11,971
Sec. 1553.07. THE CHIEF OF THE DIVISION OF CIVILIAN 11,973
CONSERVATION SHALL APPOINT APPROPRIATE PERSONNEL AND ENSURE THAT 11,974
APPROPRIATE FACILITIES ARE AVAILABLE FOR THE OPERATION OF THE 11,975
PROGRAMS ESTABLISHED UNDER THIS CHAPTER. 11,976
Sec. 2935.01. As used in this chapter: 11,985
(A) "Magistrate" has the same meaning as in section 11,987
2931.01 of the Revised Code. 11,988
(B) "Peace officer" includes, except as provided in 11,990
section 2935.081 of the Revised Code, a sheriff,; deputy 11,992
sheriff,; marshal,; deputy marshal,; member of the organized 11,993
police department of any municipal corporation, including a 11,995
member of the organized police department of a municipal 11,996
corporation in an adjoining state serving in Ohio under a 11,997
contract pursuant to section 737.04 of the Revised Code,; member 11,998
of a police force employed by a metropolitan housing authority 11,999
under division (D) of section 3735.31 of the Revised Code,; 12,000
member of a police force employed by a regional transit authority 12,002
under division (Y) of section 306.05 of the Revised Code,; state 12,003
university law enforcement officer appointed under section 12,004
3345.04 of the Revised Code,; liquor control investigator or food 12,005
stamp trafficking agent of the department of public safety,; 12,007
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A NATURAL 12,008
RESOURCES LAW ENFORCEMENT STAFF OFFICER DESIGNATED PURSUANT TO 12,009
SECTION 1501.013 OF THE REVISED CODE, A FOREST OFFICER DESIGNATED
271
PURSUANT TO SECTION 1503.29, A PRESERVE OFFICER DESIGNATED 12,011
PURSUANT TO SECTION 1517.10, A WILDLIFE OFFICER DESIGNATED 12,012
PURSUANT TO SECTION 1531.13, A PARK OFFICER DESIGNATED PURSUANT 12,013
TO SECTION 1541.10, OR A STATE WATERCRAFT OFFICER DESIGNATED 12,014
PURSUANT TO SECTION 1547.521 OF THE REVISED CODE; INDIVIDUAL 12,016
DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES UNDER SECTION 12,017
511.232, 1545.13, OR 6101.75 OF THE REVISED CODE; Ohio veterans'
home policeman POLICE OFFICER appointed under section 5907.02 of 12,020
the Revised Code,; police constable of any township,; and police 12,021
officer of a township or joint township police district,; and, 12,023
for the purpose of arrests within those areas, and for the 12,025
purposes of Chapter 5503. of the Revised Code, and the filing of 12,026
and service of process relating to those offenses witnessed or 12,027
investigated by them, includes the superintendent and troopers of 12,028
the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney, 12,030
AND any assistant prosecutor designated to assist the county 12,031
prosecuting attorney, and, in the case of courts inferior to 12,033
courts of common pleas, includes the village solicitor, city 12,034
director of law, or similar chief legal officer of a municipal 12,035
corporation, any such officer's assistants, or any attorney 12,036
designated by the prosecuting attorney of the county to appear 12,038
for the prosecution of a given case.
(D) "Offense," except where the context specifically 12,040
indicates otherwise, includes felonies, misdemeanors, and 12,041
violations of ordinances of municipal corporations and other 12,042
public bodies authorized by law to adopt penal regulations. 12,043
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, 12,052
deputy marshal, municipal police officer, township constable, 12,053
police officer of a township or joint township police district, 12,054
member of a police force employed by a metropolitan housing 12,055
authority under division (D) of section 3735.31 of the Revised 12,056
Code, member of a police force employed by a regional transit 12,057
authority under division (Y) of section 306.35 of the Revised 12,058
272
Code, state university law enforcement officer appointed under 12,060
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 12,061
Code shall arrest and detain, until a warrant can be obtained, a 12,062
person found violating, within the limits of the political 12,063
subdivision, metropolitan housing authority housing project, 12,064
regional transit authority facilities or areas of a municipal 12,065
corporation that have been agreed to by a regional transit 12,066
authority and a municipal corporation located within its 12,067
territorial jurisdiction, college, university, or Ohio veterans' 12,069
home in which the peace officer is appointed, employed, or 12,070
elected, a law of this state, an ordinance of a municipal 12,071
corporation, or a resolution of a township. 12,072
(2) A PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES 12,075
OR AN INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES 12,076
UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED CODE 12,078
SHALL ARREST AND DETAIN, UNTIL A WARRANT CAN BE OBTAINED, A 12,079
PERSON FOUND VIOLATING, WITHIN THE LIMITS OF THE PEACE OFFICER'S 12,080
OR INDIVIDUAL'S TERRITORIAL JURISDICTION, A LAW OF THIS STATE. 12,081
(B)(1) When there is reasonable ground to believe that an 12,083
offense of violence, the offense of criminal child enticement as 12,084
defined in section 2905.05 of the Revised Code, the offense of 12,085
public indecency as defined in section 2907.09 of the Revised 12,086
Code, the offense of domestic violence as defined in section 12,087
2919.25 of the Revised Code, the offense of violating a 12,088
protection order as defined in section 2919.27 of the Revised 12,089
Code, the offense of menacing by stalking as defined in section 12,091
2903.211 of the Revised Code, the offense of aggravated trespass 12,092
as defined in section 2911.211 of the Revised Code, a theft 12,093
offense as defined in section 2913.01 of the Revised Code, or a 12,094
felony drug abuse offense as defined in section 2925.01 of the 12,095
Revised Code, has been committed within the limits of the 12,096
political subdivision, metropolitan housing authority housing 12,097
project, regional transit authority facilities or those areas of 12,099
273
a municipal corporation that have been agreed to by a regional 12,101
transit authority and a municipal corporation located within its 12,102
territorial jurisdiction, college, university, or Ohio veterans' 12,103
home in which the peace officer is appointed, employed, or
elected OR WITHIN THE LIMITS OF THE TERRITORIAL JURISDICTION OF 12,104
THE PEACE OFFICER, a peace officer described in division (A)(1) 12,106
of this section may arrest and detain until a warrant can be 12,107
obtained any person whom WHO the peace officer has reasonable 12,108
cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the 12,110
execution of any of the following constitutes reasonable ground 12,111
to believe that the offense alleged in the statement was 12,112
committed and reasonable cause to believe that the person alleged 12,113
in the statement to have committed the offense is guilty of the 12,114
violation: 12,115
(a) A written statement by a person alleging that an 12,117
alleged offender has committed the offense of menacing by 12,118
stalking or aggravated trespass; 12,119
(b) A written statement by the administrator of the 12,121
interstate compact on mental health appointed under section 12,122
5119.51 of the Revised Code alleging that a person who had been 12,123
hospitalized, institutionalized, or confined in any facility 12,124
under an order made pursuant to or under authority of section 12,125
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 12,127
2945.402 of the Revised Code has escaped from the facility, from 12,128
confinement in a vehicle for transportation to or from the 12,129
facility, or from supervision by an employee of the facility that 12,130
is incidental to hospitalization, institutionalization, or 12,131
confinement in the facility and that occurs outside of the 12,132
facility, in violation of section 2921.34 of the Revised Code; 12,133
(c) A written statement by the administrator of any 12,136
facility in which a person has been hospitalized, 12,137
institutionalized, or confined under an order made pursuant to or 12,138
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 12,139
274
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 12,140
the person has escaped from the facility, from confinement in a 12,141
vehicle for transportation to or from the facility, or from 12,142
supervision by an employee of the facility that is incidental to 12,143
hospitalization, institutionalization, or confinement in the 12,144
facility and that occurs outside of the facility, in violation of 12,145
section 2921.34 of the Revised Code. 12,146
(3)(a) For purposes of division (B)(1) of this section, a 12,149
peace officer described in that division (A) OF THIS SECTION has 12,150
reasonable grounds to believe that the offense of domestic 12,151
violence or the offense of violating a protection order has been 12,152
committed and reasonable cause to believe that a particular 12,154
person is guilty of committing the offense if any of the 12,155
following occurs:
(i) A person executes a written statement alleging that 12,158
the person in question has committed the offense of domestic 12,159
violence or the offense of violating a protection order against 12,160
the person who executes the statement or against a child of the 12,161
person who executes the statement. 12,162
(ii) No written statement of the type described in 12,165
division (B)(3)(a)(i) of this section is executed, but the peace 12,166
officer, based upon the peace officer's own knowledge and 12,167
observation of the facts and circumstances of the alleged 12,168
incident of the offense of domestic violence or the alleged 12,169
incident of the offense of violating a protection order or based 12,170
upon any other information, including, but not limited to, any 12,171
reasonably trustworthy information given to the peace officer by 12,172
the alleged victim of the alleged incident of the offense or any 12,173
witness of the alleged incident of the offense, concludes that 12,174
there are reasonable grounds to believe that the offense of 12,175
domestic violence or the offense of violating a protection order 12,176
has been committed and reasonable cause to believe that the 12,177
person in question is guilty of committing the offense. 12,178
(iii) No written statement of the type described in 12,181
275
division (B)(3)(a)(i) of this section is executed, but the peace 12,182
officer witnessed the person in question commit the offense of 12,183
domestic violence or the offense of violating a protection order. 12,184
(b) If pursuant to division (B)(3)(a) of this section a 12,187
peace officer has reasonable grounds to believe that the offense 12,188
of domestic violence or the offense of violating a protection 12,189
order has been committed and reasonable cause to believe that a 12,191
particular person is guilty of committing the offense, it is the 12,192
preferred course of action in this state that the officer arrest 12,193
and detain that person pursuant to division (B)(1) of this 12,194
section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace 12,197
officer has reasonable grounds to believe that the offense of 12,198
domestic violence or the offense of violating a protection order 12,199
has been committed and reasonable cause to believe that family or 12,200
household members have committed the offense against each other, 12,201
it is the preferred course of action in this state that the 12,202
officer, pursuant to division (B)(1) of this section, arrest and 12,204
detain until a warrant can be obtained the family or household 12,205
member who committed the offense and whom the officer has 12,206
reasonable cause to believe is the primary physical aggressor. 12,207
There is no preferred course of action in this state regarding 12,208
any other family or household member who committed the offense 12,209
and whom the officer does not have reasonable cause to believe is 12,210
the primary physical aggressor, but, pursuant to division (B)(1) 12,211
of this section, the peace officer may arrest and detain until a 12,212
warrant can be obtained any other family or household member who 12,213
committed the offense and whom the officer does not have 12,214
reasonable cause to believe is the primary physical aggressor. 12,215
(c) If a peace officer described in division (B)(1)(A) of 12,218
this section does not arrest and detain a person whom the officer 12,219
has reasonable cause to believe committed the offense of domestic 12,220
violence or the offense of violating a protection order when it 12,221
is the preferred course of action in this state pursuant to 12,222
276
division (B)(3)(b) of this section that the officer arrest that 12,224
person, the officer shall articulate in the written report of the 12,225
incident required by section 2935.032 of the Revised Code a clear 12,226
statement of the officer's reasons for not arresting and 12,227
detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of 12,230
this section which family or household member is the primary 12,231
physical aggressor in a situation in which family or household 12,232
members have committed the offense of domestic violence or the 12,233
offense of violating a protection order against each other, a 12,234
peace officer described in division (B)(1)(A) of this section, in 12,235
addition to any other relevant circumstances, should consider all 12,236
of the following: 12,237
(i) Any history of domestic violence or of any other 12,240
violent acts by either person involved in the alleged offense 12,241
that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence 12,244
was caused by a person acting in self-defense; 12,245
(iii) Each person's fear of physical harm, if any, 12,248
resulting from the other person's threatened use of force against 12,249
any person or resulting from the other person's use or history of 12,250
the use of force against any person, and the reasonableness of 12,251
that fear;
(iv) The comparative severity of any injuries suffered by 12,254
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (B)(1)(A) of 12,257
this section shall not require, as a prerequisite to arresting or 12,258
charging a person who has committed the offense of domestic 12,259
violence or the offense of violating a protection order, that the 12,260
victim of the offense specifically consent to the filing of 12,261
charges against the person who has committed the offense or sign 12,262
a complaint against the person who has committed the offense. 12,263
(ii) If a person is arrested for or charged with 12,266
committing the offense of domestic violence or the offense of 12,267
277
violating a protection order and if the victim of the offense 12,268
does not cooperate with the involved law enforcement or 12,269
prosecuting authorities in the prosecution of the offense or, 12,270
subsequent to the arrest or the filing of the charges, informs 12,271
the involved law enforcement or prosecuting authorities that the 12,272
victim does not wish the prosecution of the offense to continue 12,273
or wishes to drop charges against the alleged offender relative 12,274
to the offense, the involved prosecuting authorities, in 12,275
determining whether to continue with the prosecution of the 12,276
offense or whether to dismiss charges against the alleged 12,277
offender relative to the offense and notwithstanding the victim's 12,278
failure to cooperate or the victim's wishes, shall consider all 12,279
facts and circumstances that are relevant to the offense, 12,280
including, but not limited to, the statements and observations of 12,281
the peace officers who responded to the incident that resulted in 12,282
the arrest or filing of the charges and of all witnesses to that 12,283
incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) 12,285
of this section whether to arrest a person pursuant to division 12,286
(B)(1) of this section, a peace officer described in division 12,287
(B)(1)(A) of this section shall not consider as a factor any 12,288
possible shortage of cell space at the detention facility to 12,289
which the person will be taken subsequent to the person's arrest 12,291
or any possibility that the person's arrest might cause,
contribute to, or exacerbate overcrowding at that detention 12,292
facility or at any other detention facility. 12,293
(g) If a peace officer described in division (B)(1)(A) of 12,295
this section intends pursuant to divisions (B)(3)(a) to (g) of 12,298
this section to arrest a person pursuant to division (B)(1) of 12,299
this section and if the officer is unable to do so because the 12,301
person is not present, the officer promptly shall seek a warrant 12,302
for the arrest of the person.
(h) If a peace officer described in division (B)(1)(A) of 12,305
this section responds to a report of an alleged incident of the 12,306
278
offense of domestic violence or an alleged incident of the 12,307
offense of violating a protection order and if the circumstances 12,308
of the incident involved the use or threatened use of a deadly 12,310
weapon or any person involved in the incident brandished a deadly 12,311
weapon during or in relation to the incident, the deadly weapon 12,312
that was used, threatened to be used, or brandished constitutes 12,313
contraband, and, to the extent possible, the officer shall seize 12,314
the deadly weapon as contraband pursuant to section 2933.43 of 12,315
the Revised Code. Upon the seizure of a deadly weapon pursuant 12,316
to this division (B)(3)(h) OF THIS SECTION, section 2933.43 of 12,318
the Revised Code shall apply regarding the treatment and 12,319
disposition of the deadly weapon. For purposes of that section, 12,320
the "underlying criminal offense" that was the basis of the 12,321
seizure of a deadly weapon under this division (B)(3)(h) OF THIS 12,323
SECTION and to which the deadly weapon had a relationship is any 12,324
of the following that is applicable: 12,325
(i) The alleged incident of the offense of domestic 12,328
violence or the alleged incident of the offense of violating a 12,329
protection order to which the officer who seized the deadly 12,330
weapon responded;
(ii) Any offense that arose out of the same facts and 12,333
circumstances as the report of the alleged incident of the 12,334
offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who 12,336
seized the deadly weapon responded.
(4) If, in the circumstances described in divisions 12,338
(B)(3)(a) to (g) of this section, a peace officer described in 12,339
division (B)(1)(A) of this section arrests and detains a person 12,340
pursuant to division (B)(1) of this section, or if, pursuant to 12,342
division (B)(3)(h) of this section, a peace officer described in 12,343
division (B)(1)(A) of this section seizes a deadly weapon, the 12,344
officer, to the extent described in and in accordance with 12,345
section 9.86 or 2744.03 of the Revised Code, is immune in any 12,346
civil action for damages for injury, death, or loss to person or 12,347
279
property that arises from or is related to the arrest and 12,348
detention or the seizure. 12,349
(C) When there is reasonable ground to believe that a 12,351
violation of division (A), (B), or (C) of section 4506.15 or a 12,352
violation of section 4511.19 of the Revised Code has been 12,353
committed by a person operating a motor vehicle subject to 12,354
regulation by the public utilities commission of Ohio under Title 12,355
XLIX of the Revised Code, a peace officer with authority to 12,356
enforce that provision of law may stop or detain the person whom 12,357
the officer has reasonable cause to believe was operating the 12,358
motor vehicle in violation of the division or section and, after 12,359
investigating the circumstances surrounding the operation of the 12,360
vehicle, may arrest and detain the person. 12,361
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 12,363
municipal police officer, member of a police force employed by a 12,364
metropolitan housing authority under division (D) of section 12,365
3735.31 of the Revised Code, member of a police force employed by 12,366
a regional transit authority under division (Y) of section 306.35 12,367
of the Revised Code, TOWNSHIP constable, police officer of a 12,368
township or joint township police district, or state university 12,369
law enforcement officer appointed under section 3345.04 of the 12,370
Revised Code, PEACE OFFICER OF THE DEPARTMENT OF NATURAL 12,371
RESOURCES, OR INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT 12,372
DUTIES UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED 12,373
CODE is authorized by division (A) or (B) of this section to 12,375
arrest and detain, within the limits of the political
subdivision, metropolitan housing authority housing project, 12,376
regional transit authority facilities or those areas of a 12,377
municipal corporation that have been agreed to by a regional 12,378
transit authority and a municipal corporation located within its 12,379
territorial jurisdiction, college, or university in which the 12,380
officer is appointed, employed, or elected OR WITHIN THE LIMITS 12,381
OF THE TERRITORIAL JURISDICTION OF THE PEACE OFFICER, a person 12,382
until a warrant can be obtained, the peace officer may, outside 12,383
280
the limits of that territory, MAY pursue, arrest, and detain that 12,384
person until a warrant can be obtained if all of the following 12,386
apply:
(1) The pursuit takes place without unreasonable delay 12,388
after the offense is committed.; 12,389
(2) The pursuit is initiated within the limits of the 12,391
political subdivision, metropolitan housing authority housing 12,392
project, regional transit authority facilities or those areas of 12,393
a municipal corporation that have been agreed to by a regional 12,394
transit authority and a municipal corporation located within its 12,395
territorial jurisdiction, college, or university in which the 12,396
peace officer is appointed, employed, or elected. OR WITHIN THE 12,397
LIMITS OF THE TERRITORIAL JURISDICTION OF THE PEACE OFFICER; 12,398
(3) The offense involved is a felony, a misdemeanor of the 12,400
first degree or a substantially equivalent municipal ordinance, a 12,401
misdemeanor of the second degree or a substantially equivalent 12,402
municipal ordinance, or any offense for which points are 12,403
chargeable pursuant to division (G) of section 4507.021 of the 12,404
Revised Code. 12,405
(E) In addition to the authority granted under division 12,407
(A) or (B) of this section: 12,408
(1) A sheriff or deputy sheriff may arrest and detain, 12,410
until a warrant can be obtained, any person found violating 12,411
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 12,412
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 12,413
Revised Code on the portion of any street or highway that is 12,414
located immediately adjacent to the boundaries of the county in 12,415
which the sheriff or deputy sheriff is elected or appointed. 12,416
(2) A member of the police force of a township police 12,418
district created under section 505.48 of the Revised Code, a 12,419
member of the police force of a joint township police district 12,420
created under section 505.481 of the Revised Code, and OR a 12,421
township constable appointed in accordance with section 509.01 of 12,423
the Revised Code, who has received a certificate from the Ohio 12,424
281
peace officer training commission under section 109.75 of the 12,425
Revised Code, may arrest and detain, until a warrant can be 12,426
obtained, any person found violating any section or chapter of 12,427
the Revised Code listed in division (E)(1) of this section, other 12,428
than sections 4513.33 and 4513.34 of the Revised Code, on the 12,429
portion of any street or highway that is located immediately 12,430
adjacent to the boundaries of the township police district or 12,431
joint township police district, in the case of a member of a 12,432
township police district or joint township police district police 12,433
force, or the unincorporated territory of the township, in the 12,434
case of a township constable. However, if the population of the 12,435
township that created the township police district served by the 12,436
member's police force, or the townships that created the joint 12,437
township police district served by the member's police force, or 12,438
the township that is served by the township constable, is sixty 12,439
thousand or less, the member of the township police district or 12,440
joint police district police force or the township constable may 12,441
not make an arrest under this division (E)(2) OF THIS SECTION on 12,443
a state highway that is included as part of the interstate 12,444
system.
(3) A police officer or village marshal appointed, 12,446
elected, or employed by a municipal corporation may arrest and 12,447
detain, until a warrant can be obtained, any person found 12,448
violating any section or chapter of the Revised Code listed in 12,449
division (E)(1) of this section on the portion of any street or 12,450
highway that is located immediately adjacent to the boundaries of 12,451
the municipal corporation in which the police officer or village 12,452
marshal is appointed, elected, or employed. 12,453
(4) A PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES 12,456
OR AN INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES 12,457
UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED CODE 12,459
MAY ARREST AND DETAIN, UNTIL A WARRANT CAN BE OBTAINED, ANY 12,460
PERSON FOUND VIOLATING ANY SECTION OR CHAPTER OF THE REVISED CODE 12,462
LISTED IN DIVISION (E)(1) OF THIS SECTION, OTHER THAN SECTIONS 12,464
282
4513.33 AND 4513.34 OF THE REVISED CODE, ON THE PORTION OF ANY 12,466
STREET OR HIGHWAY THAT IS LOCATED IMMEDIATELY ADJACENT TO THE 12,467
BOUNDARIES OF THE LANDS AND WATERS THAT CONSTITUTE THE 12,468
TERRITORIAL JURISDICTION OF THE PEACE OFFICER. 12,469
(F)(1) A department of mental health special police 12,471
officer or a department of mental retardation and developmental 12,472
disabilities special police officer may arrest without a warrant 12,473
and detain until a warrant can be obtained any person found 12,474
committing on the premises of any institution under the 12,475
jurisdiction of the particular department a misdemeanor under a 12,476
law of the state.
A department of mental health special police officer or a 12,478
department of mental retardation and developmental disabilities 12,479
special police officer may arrest without a warrant and detain 12,480
until a warrant can be obtained any person who has been 12,481
hospitalized, institutionalized, or confined in an institution 12,482
under the jurisdiction of the particular department pursuant to 12,483
or under authority of section 2945.37, 2945.371, 2945.38, 12,484
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 12,486
who is found committing on the premises of any institution under 12,487
the jurisdiction of the particular department a violation of 12,488
section 2921.34 of the Revised Code that involves an escape from 12,489
the premises of the institution. 12,490
(2)(a) If a department of mental health special police 12,492
officer or a department of mental retardation and developmental 12,493
disabilities special police officer finds any person who has been 12,494
hospitalized, institutionalized, or confined in an institution 12,495
under the jurisdiction of the particular department pursuant to 12,496
or under authority of section 2945.37, 2945.371, 2945.38, 12,497
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 12,499
committing a violation of section 2921.34 of the Revised Code 12,500
that involves an escape from the premises of the institution, or 12,501
if there is reasonable ground to believe that a violation of 12,502
section 2921.34 of the Revised Code has been committed that 12,503
283
involves an escape from the premises of an institution under the 12,504
jurisdiction of the department of mental health or the department 12,505
of mental retardation and developmental disabilities and if a 12,506
department of mental health special police officer or a 12,507
department of mental retardation and developmental disabilities 12,508
special police officer has reasonable cause to believe that a 12,509
particular person who has been hospitalized, institutionalized, 12,510
or confined in the institution pursuant to or under authority of 12,511
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 12,512
or 2945.402 of the Revised Code is guilty of the violation, the 12,513
special police officer, outside of the premises of the 12,514
institution, may pursue, arrest, and detain that person for that 12,515
violation of section 2921.34 of the Revised Code, until a warrant 12,516
can be obtained, if both of the following apply: 12,517
(i) The pursuit takes place without unreasonable delay 12,519
after the offense is committed.; 12,520
(ii) The pursuit is initiated within the premises of the 12,522
institution from which the violation of section 2921.34 of the 12,523
Revised Code occurred. 12,524
(b) For purposes of division (F)(2)(a) of this section, 12,526
the execution of a written statement by the administrator of the 12,527
institution in which a person had been hospitalized, 12,528
institutionalized, or confined pursuant to or under authority of 12,529
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 12,531
or 2945.402 of the Revised Code alleging that the person has 12,532
escaped from the premises of the institution in violation of 12,533
section 2921.34 of the Revised Code constitutes reasonable ground 12,534
to believe that the violation was committed and reasonable cause 12,535
to believe that the person alleged in the statement to have 12,536
committed the offense is guilty of the violation. 12,537
(G) As used in this section: 12,539
(1) A "department of mental health special police officer" 12,541
means a special police officer of the department of mental health 12,542
designated under section 5119.14 of the Revised Code who is 12,543
284
certified by the Ohio peace officer training commission under 12,544
section 109.77 of the Revised Code as having successfully 12,545
completed an approved peace officer basic training program. 12,546
(2) A "department of mental retardation and developmental 12,548
disabilities special police officer" means a special police 12,550
officer of the department of mental retardation and developmental 12,551
disabilities designated under section 5123.13 of the Revised Code 12,552
who is certified by the Ohio peace officer training council under 12,553
section 109.77 of the Revised Code as having successfully 12,554
completed an approved peace officer basic training program. 12,555
(3) "Deadly weapon" has the same meaning as in section 12,557
2923.11 of the Revised Code. 12,558
(4) "Family or household member" has the same meaning as 12,560
in section 2919.25 of the Revised Code. 12,561
(5) "Street" or "highway" has the same meaning as in 12,563
section 4511.01 of the Revised Code. 12,564
(6) "Interstate system" has the same meaning as in section 12,566
5516.01 of the Revised Code. 12,567
(7) "PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES" 12,570
MEANS AN EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A 12,572
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER DESIGNATED
PURSUANT TO SECTION 1501.013, A FOREST OFFICER DESIGNATED 12,573
PURSUANT TO SECTION 1503.29, A PRESERVE OFFICER DESIGNATED 12,574
PURSUANT TO SECTION 1517.10, A WILDLIFE OFFICER DESIGNATED 12,575
PURSUANT TO SECTION 1531.13, A PARK OFFICER DESIGNATED PURSUANT 12,576
TO SECTION 1541.10, OR A STATE WATERCRAFT OFFICER DESIGNATED 12,578
PURSUANT TO SECTION 1547.521 OF THE REVISED CODE. 12,579
Sec. 3937.42. (A) The chief or head law enforcement 12,588
officer of any federal, state, or local law enforcement agency or 12,589
a prosecuting attorney of any county may request any insurance 12,590
company, or agent authorized by the company to act on its behalf, 12,591
that has investigated or is investigating a claim involving motor 12,592
vehicle insurance OR VESSEL INSURANCE to release any information 12,593
in its possession relevant to the claim. The company or agent 12,595
285
shall release the information that is requested in writing by the 12,596
law enforcement officer. 12,597
(B) If an insurance company, or agent authorized by the 12,599
company to act on its behalf, has reason to suspect that a loss 12,600
involving a motor vehicle OR VESSEL that is insured by the 12,601
company is part of a fraudulent scheme to obtain control of motor 12,603
vehicle insurance proceeds, the company or agent shall notify a 12,604
law enforcement officer or a prosecuting attorney of any county 12,605
having jurisdiction over the alleged fraud. 12,606
(C) An insurance company, or agent authorized by the 12,608
company to act on its behalf, shall release any information 12,609
requested in writing pursuant to division (A) of this section and 12,610
cooperate with the officer or a prosecuting attorney of any 12,611
county authorized to request the information. The company or 12,612
agent shall take such action as may be reasonably requested of it 12,613
by the officer or a prosecuting attorney of any county and shall 12,614
permit any other person ordered by a court to inspect any 12,615
information that is specifically requested by the court. 12,616
The information that may be requested pursuant to this 12,618
section may include, but is not limited to, the following: 12,619
(1) Any insurance policy relevant to the claim under 12,621
investigation and any application for such a policy; 12,622
(2) Policy premium payment records; 12,624
(3) History of previous motor vehicle claims INVOLVING A 12,626
MOTOR VEHICLE OR VESSEL made by the insured; 12,628
(4) Material relating to the investigation of the claim, 12,630
including statements of any person, proof of loss, and any other 12,631
relevant evidence. 12,632
(D) If the law enforcement officer or a prosecuting 12,634
attorney of any county mentioned in division (A) of this section 12,635
has received information pursuant to this section from an 12,636
insurance company, or agent authorized by the company to act on 12,637
its behalf, the officer or a prosecuting attorney of any county 12,638
may release to, and share with, the insurance company or agent 12,639
286
any information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 12,640
possession relative to the claim, upon the written request of the 12,642
insurance company or agent.
(E) In the absence of fraud, recklessness, or malice, no 12,644
insurance company, or agent authorized by the company to act on 12,645
its behalf, is liable for damages in any civil action, including 12,646
any action brought pursuant to section 1347.10 of the Revised 12,647
Code for any oral or written statement made or any other action 12,648
taken that is necessary to supply information required pursuant 12,649
to this section. 12,650
(F) Except as otherwise provided in division (D) of this 12,652
section, any officer or a prosecuting attorney of any county 12,653
receiving any information furnished pursuant to this section 12,654
shall hold the information in confidence and shall not disclose 12,655
it to anyone except other law enforcement officers or agencies 12,656
until its release is required pursuant to a criminal or civil 12,657
proceeding. 12,658
(G) Any officer or a prosecuting attorney of any county 12,660
referred to in division (A) of this section may testify as to any 12,661
information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 12,662
possession regarding the claim referred to in that division in 12,664
any civil action in which any person seeks recovery under a 12,665
policy against an insurance company.
(H) As used in this section, "motor vehicle": 12,667
(1) "MOTOR VEHICLE" has the same meaning as in section 12,670
4501.01 of the Revised Code.
(2) "VESSEL" HAS THE SAME MEANING AS IN SECTION 1547.01 OF 12,672
THE REVISED CODE.
(I)(1) No person shall purposely refuse to release any 12,674
information requested pursuant to this section by an officer or a 12,675
prosecuting attorney of any county authorized by division (A) of 12,676
this section to request the information. 12,677
(2) No person shall purposely refuse to notify an 12,679
appropriate law enforcement officer or a prosecuting attorney of 12,680
287
any county of a loss required to be reported pursuant to division 12,681
(B) of this section. 12,682
(3) No person shall purposely fail to hold in confidence 12,684
information required to be held in confidence by division (F) of 12,685
this section. 12,686
Sec. 4905.03. As used in this chapter: 12,696
(A) Any person, firm, copartnership, voluntary 12,698
association, joint-stock association, company, or corporation, 12,699
wherever organized or incorporated, is: 12,700
(1) A telegraph company, when engaged in the business of 12,702
transmitting telegraphic messages to, from, through, or in this 12,703
state; 12,704
(2) A telephone company, when engaged in the business of 12,706
transmitting telephonic messages to, from, through, or in this 12,707
state and as such is a common carrier; 12,708
(3) A motor transportation company, when engaged in the 12,710
business of carrying and transporting persons or property or the 12,711
business of providing or furnishing such transportation service, 12,712
for hire, in or by motor-propelled vehicles of any kind, 12,713
including trailers, for the public in general, over any public 12,714
street, road, or highway in this state, except as provided in 12,715
section 4921.02 of the Revised Code; 12,716
(4) An electric light company, when engaged in the 12,718
business of supplying electricity for light, heat, or power 12,719
purposes to consumers within this state; 12,720
(5) A gas company, when engaged in the business of 12,722
supplying artificial gas for lighting, power, or heating purposes 12,723
to consumers within this state or when engaged in the business of 12,724
supplying artificial gas to gas companies or to natural gas 12,725
companies within this state, but a producer engaged in supplying 12,726
to one or more gas or natural gas companies, only such artifical 12,727
ARTIFICIAL gas as is manufactured by such THAT producer as a 12,728
by-product of some other process in which such THE producer is 12,729
primarily engaged within this state is not thereby a gas company. 12,730
288
All rates, rentals, tolls, schedules, charges of any kind, or 12,731
agreements between any gas company and any other gas company or 12,732
any natural gas company providing for the supplying of artificial 12,733
gas and for compensation for the same, are subject to the 12,734
jurisdiction of the public utilities commission. 12,735
(6) A natural gas company, when engaged in the business of 12,737
supplying natural gas for lighting, power, or heating purposes to 12,738
consumers within this state, or when engaged in the business of 12,739
supplying natural gas to gas companies or to natural gas 12,740
companies within this state, but where a producer supplies to one 12,741
or more gas or natural gas companies only such gas as is produced 12,742
by such producer from wells drilled on land owned in fee by such 12,743
producer or where the principal use of such land by said producer 12,744
is other than the production of gas, within this state, such 12,745
producer is not thereby a natural gas company. All. 12,746
NOTWITHSTANDING THE ABOVE, NEITHER THE DELIVERY NOR SALE OF 12,748
OHIO-PRODUCED NATURAL GAS BY A PRODUCER OR GATHERER UNDER A 12,749
PUBLIC UTILITIES COMMISSION-ORDERED EXEMPTION, ADOPTED BEFORE, AS 12,750
TO PRODUCERS, OR AFTER, AS TO PRODUCERS OR GATHERERS, JANUARY 1, 12,751
1996, OR THE DELIVERY OR SALE OF OHIO-PRODUCED NATURAL GAS BY A 12,752
PRODUCER OR GATHERER OF OHIO-PRODUCED NATURAL GAS, EITHER TO A 12,755
LESSOR UNDER AN OIL AND GAS LEASE OF THE LAND ON WHICH THE 12,756
PRODUCER'S DRILLING UNIT IS LOCATED, OR THE GRANTOR INCIDENT TO A 12,757
RIGHT-OF-WAY OR EASEMENT TO THE PRODUCER OR GATHERER, SHALL CAUSE 12,758
THE PRODUCER OR GATHERER TO BE A NATURAL GAS COMPANY FOR THE 12,759
PURPOSES OF THIS SECTION.
ALL rates, rentals, tolls, schedules, charges of any kind, 12,762
or agreements between a natural gas company and other natural gas 12,763
companies or gas companies providing for the supply of natural 12,764
gas and for compensation for the same, are subject to the 12,765
jurisdiction of the public utilities commission. The commission 12,766
may, upon application made to it, MAY relieve any producer OR 12,767
GATHERER of natural gas, defined in this section as a gas company 12,769
or a natural gas company, of compliance with the obligations 12,770
289
imposed by THIS CHAPTER AND Chapters 4901., 4903., 4905., 4907., 12,772
4909., 4921., and 4923. of the Revised Code, so long as such THE 12,773
producer OR GATHERER is not affiliated with or under the control 12,774
of a gas company or a natural gas company engaged in the 12,776
transportation or distribution of natural gas, or so long as such 12,777
THE producer OR GATHERER does not engage in the distribution of 12,778
natural gas to consumers.
NOTHING IN DIVISION (A)(6) OF THIS SECTION LIMITS THE 12,780
AUTHORITY OF THE COMMISSION TO ENFORCE SECTIONS 4905.90 TO 12,781
4905.96 OF THE REVISED CODE.
(7) A pipe-line company, when engaged in the business of 12,783
transporting natural gas, oil, or coal or its derivatives through 12,784
pipes or tubing, either wholly or partly within this state; 12,785
(8) A water-works company, when engaged in the business of 12,787
supplying water through pipes or tubing, or in a similar manner, 12,788
to consumers within this state; 12,789
(9) A heating or cooling company, when engaged in the 12,791
business of supplying water, steam, or air through pipes or 12,792
tubing to consumers within this state for heating or cooling 12,793
purposes; 12,794
(10) A messenger company, when engaged in the business of 12,796
supplying messengers for any purpose; 12,797
(11) A street railway company, when engaged in the 12,799
business of operating as a common carrier, a railway, wholly or 12,800
partly within this state, with one or more tracks upon, along, 12,801
above, or below any public road, street, alleyway, or ground, 12,802
within any municipal corporation, operated by any motive power 12,803
other than steam and not a part of an interurban railroad, 12,804
whether such THE railway is termed street, inclined-plane, 12,805
elevated, or underground railway; 12,807
(12) A suburban railroad company, when engaged in the 12,809
business of operating as a common carrier, whether wholly or 12,810
partially within this state, a part of a street railway 12,811
constructed or extended beyond the limits of a municipal 12,812
290
corporation, and not a part of an interurban railroad; 12,813
(13) An interurban railroad company, when engaged in the 12,815
business of operating a railroad, wholly or partially within this 12,816
state, with one or more tracks from one municipal corporation or 12,817
point in this state to another municipal corporation or point in 12,818
this state, whether constructed upon the public highways or upon 12,819
private rights-of-way, outside of municipal corporations, using 12,820
electricity or other motive power than steam power for the 12,821
transportation of passengers, packages, express matter, United 12,822
States mail, baggage, and freight. Such AN interurban railroad 12,823
company is included in the term "railroad" as used in section 12,824
4907.02 of the Revised Code;. 12,825
(14) A sewage disposal system company, when engaged in the 12,827
business of sewage disposal services through pipes or tubing, and 12,828
treatment works, or in a similar manner, within this state. 12,829
(B) "Motor-propelled vehicle" means any automobile, 12,831
automobile truck, motor bus, or any other self-propelled vehicle 12,832
not operated or driven upon fixed rails or tracks. 12,833
Nothing in this section shall be construed to mean that an 12,835
electric light company operated not for profit, owned and 12,836
operated exclusively by and solely for its customers, or owned or 12,837
operated by a municipal corporation, is subject to sections 12,838
4905.66, 4905.67, 4905.68, and 4905.69 of the Revised Code. 12,839
Sec. 5749.02. (A) For the purpose of providing revenue to 12,849
administer the state's coal mining and reclamation regulatory 12,850
program, to meet the environmental and resource management needs 12,851
of this state, and to reclaim land affected by mining, an excise 12,852
tax is hereby levied on the privilege of engaging in the 12,853
severance of natural resources from the soil or water of this 12,854
state. The tax shall be imposed upon the severer and shall be: 12,855
(1) Seven cents per ton of coal; 12,857
(2) Four cents per ton of salt; 12,859
(3) Two cents per ton of limestone or dolomite; 12,861
(4) Two cents per ton of sand and gravel; 12,863
291
(5) Ten cents per barrel of oil; 12,865
(6) Two and one-half cents per thousand cubic feet of 12,867
natural gas; 12,868
(7) One cent per ton of clay, sandstone or conglomerate, 12,870
shale, gypsum, or quartzite. 12,871
(B) Of the moneys received by the treasurer of state from 12,873
the tax levied in division (A)(1) of this section, six and 12,874
three-tenths per cent shall be credited to the geological mapping 12,875
fund created in section 1505.09 of the Revised Code, fourteen and 12,876
two-tenths per cent shall be credited to the defaulted areas 12,877
RECLAMATION SUPPLEMENTAL FORFEITURE fund created in division (B) 12,879
of section 1513.18 of the Revised Code, fifty-seven and 12,880
nine-tenths per cent shall be credited to the coal mining 12,881
administration and reclamation reserve fund created in section 12,882
1513.181 of the Revised Code, and the remainder shall be credited 12,883
to the unreclaimed lands fund created in section 1513.30 of the 12,884
Revised Code. When, within ten days before or after the 12,885
beginning of a fiscal year, the chief of the division of mines 12,886
and reclamation finds that the balance of the coal mining
administration and reclamation reserve fund is below two million 12,887
dollars, the chief shall certify that fact to the director of 12,888
budget and management. Upon receipt of the chief's 12,889
certification, the director shall direct the treasurer of state 12,890
to instead credit to the coal mining administration and 12,891
reclamation reserve fund during the fiscal year for which the 12,892
certification is made the fourteen and two-tenths per cent of the 12,893
moneys collected from the tax levied in division (A)(1) of this 12,894
section and otherwise required by this division to be credited to 12,895
the defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund. 12,896
Fifteen per cent of the moneys received by the treasurer of 12,898
state from the tax levied in division (A)(2) of this section 12,899
shall be credited to the geological mapping fund and the 12,900
remainder shall be credited to the unreclaimed lands fund. 12,901
Of the moneys received by the treasurer of state from the 12,903
292
tax levied in divisions (A)(3) and (4) of this section, seven and 12,904
five-tenths per cent shall be credited to the geological mapping 12,905
fund, forty-two and five-tenths per cent shall be credited to the 12,906
unreclaimed lands fund, and the remainder shall be credited to 12,907
the surface mining administration fund created in section 1514.11 12,908
of the Revised Code. 12,909
Of the moneys received by the treasurer of state from the 12,911
tax levied in divisions (A)(5) and (6) of this section, twenty 12,912
per cent shall be credited to the oil and gas well plugging fund 12,915
created in section 1509.071 of the Revised Code, ten per cent 12,916
shall be credited to the geological mapping fund, and seventy per 12,917
cent shall be credited to the oil and gas permit fund created in 12,919
section 1509.02 of the Revised Code. All of the moneys received 12,920
by the treasurer of state from the tax levied in division (A)(7) 12,921
of this section shall be credited to the surface mining 12,922
administration fund.
(C) For the purpose of paying the state's expenses for 12,924
reclaiming coal mined lands that the operator failed to reclaim 12,925
in accordance with Chapter 1513. of the Revised Code under a coal 12,926
mining and reclamation permit issued under that chapter on or 12,927
after September 1, 1981, and CHAPTER 1513. OF THE REVISED CODE, 12,928
OR UNDER A SURFACE MINING PERMIT ISSUED UNDER CHAPTER 1514. OF 12,929
THE REVISED CODE, for which the operator's bond is not sufficient 12,931
to pay the state's expense for reclamation, there is hereby 12,932
levied an excise tax on the privilege of engaging in the
severance of coal from the soil or water of this state in 12,933
addition to the taxes levied by divisions (A)(1) and (D) of this 12,934
section. The tax shall be imposed at the rate of one cent per 12,935
ton of coal as prescribed in this division. Moneys received by 12,936
the treasurer of state from the tax levied under this division 12,937
shall be credited to the reclamation supplemental forfeiture fund 12,938
created in division (D)(B) of section 1513.18 of the Revised 12,939
Code. 12,940
The tax levied by this division shall be imposed when, 12,942
293
during any fiscal year, the balance of the reclamation 12,943
supplemental forfeiture fund is reduced below two million dollars 12,944
and five hundred thousand dollars has been transferred to the 12,945
reclamation supplemental forfeiture fund from the unreclaimed 12,946
lands fund during the fiscal year. The tax shall be imposed in 12,947
the calendar year following the close of the fiscal year during 12,948
which the balance is so reduced and shall continue to be imposed 12,949
until the end of the calendar year in which the balance of the 12,950
reclamation supplemental forfeiture fund is restored to two 12,951
million dollars, at which time the imposition of the tax shall be 12,952
suspended until the time that the circumstances requiring the tax 12,953
to be imposed recur. 12,954
When, at the close of the fiscal year, the chief of the 12,956
division of mines and reclamation finds that the balance of the 12,957
reclamation supplemental forfeiture fund is below two million 12,958
dollars and that five hundred thousand dollars has been 12,959
transferred to the fund previously in the fiscal year, the chief, 12,960
within thirty days after the close of the fiscal year, shall 12,961
certify that fact to the tax commissioner, at which time the 12,962
circumstances requiring the imposition of the tax shall be deemed 12,963
to have occurred. 12,964
(D) For the purpose of paying the state's expenses for 12,966
reclaiming coal mined lands that the operator failed to reclaim 12,967
in accordance with Chapter 1513. of the Revised Code under a coal 12,968
mining and reclamation permit issued after April 10, 1972, but 12,969
before September 1, 1981, for which the operator's bond is not 12,970
sufficient to pay the state's expense for reclamation and paying 12,971
the expenses for administering the state's coal mining and 12,972
reclamation regulatory program, there is hereby levied an excise 12,973
tax on the privilege of engaging in the severance of coal from 12,974
the soil or water of this state in addition to the taxes levied 12,975
by divisions (A)(1) and (C) of this section. The tax shall be 12,976
imposed at the rate of one cent per ton of coal as prescribed in 12,977
this division. Moneys received by the treasurer of state from 12,978
294
the tax levied by this division shall be credited to the 12,979
defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund created 12,980
in division (B) of section 1513.18 of the Revised Code. 12,982
When, at the close of any fiscal year, the chief finds that 12,984
the balance of the defaulted areas RECLAMATION SUPPLEMENTAL 12,985
FORFEITURE fund, plus estimated transfers to it from the coal 12,987
mining and reclamation reserve fund under section 1513.181 of the 12,988
Revised Code, plus the estimated revenues from the tax levied by 12,989
this division for the remainder of the calendar year that 12,990
includes the close of the fiscal year, are sufficient to complete 12,991
the reclamation of such lands, the purposes for which the tax 12,992
under this division is levied shall be deemed accomplished at the 12,993
end of that calendar year. The chief, within thirty days after 12,994
the close of the fiscal year, shall certify his THOSE findings to 12,995
the tax commissioner, and the tax shall cease to be imposed after 12,997
the last day of that calendar year.
(E) On the day fixed for the payment of the severance 12,999
taxes required to be paid by this section, the taxes with any 13,000
penalties or interest thereon ON THEM shall become a lien on all 13,002
property of the taxpayer in this state, whether the property is 13,003
employed by the taxpayer in the prosecution of its business or is 13,004
in the hands of an assignee, trustee, or receiver for the benefit 13,005
of creditors or stockholders. The lien shall continue until the 13,006
taxes and any penalties or interest thereon are paid. 13,007
Upon failure of the taxpayer to pay a tax on the day fixed 13,009
for payment, the tax commissioner may file, for which no filing 13,010
fee shall be charged, in the office of the county recorder in 13,011
each county in this state in which the taxpayer owns or has a 13,012
beneficial interest in real estate, notice of the lien containing 13,013
a brief description of the real estate. The lien shall not be 13,014
valid as against any mortgagee, purchaser, or judgment creditor 13,015
whose rights have attached prior to the time the notice is filed 13,016
in the county in which the real estate that is the subject of the 13,018
mortgage, purchase, or judgment lien is located. The notice
295
shall be recorded in a book kept by the recorder called the 13,019
"severance tax lien record" and indexed under the name of the 13,020
taxpayer charged with the tax. When the tax has been paid, the 13,021
tax commissioner shall furnish to the taxpayer an acknowledgement 13,022
of payment, which the taxpayer may record with the recorder of 13,023
each county in which notice of the lien has been filed. 13,024
Sec. 6111.42. The environmental protection agency shall DO 13,033
ALL OF THE FOLLOWING: 13,034
(A) Collect PRIMARILY WITH REGARD TO WATER QUALITY, 13,036
COLLECT, study, and interpret all available information, 13,038
statistics, and data pertaining to the supply, use, conservation, 13,039
and replenishment of the underground GROUND and surface waters in 13,041
the state IN COORDINATION WITH OTHER AGENCIES OF THIS STATE;
(B) Be PRIMARILY WITH REGARD TO WATER QUALITY, BE 13,043
authorized to cooperate with and negotiate for the state with any 13,045
agency of the United States government, OF THIS STATE, or agency 13,046
of any other state pertaining to the water resources of the 13,047
state; 13,048
(C) Be authorized to perform stream gauging and contract 13,050
with the United States government or any other agency for the 13,051
gauging of any streams within the state; 13,052
(D) Have authority to furnish information to all public 13,054
officials, offices, and agencies of and in the state, and to 13,055
farmers, well drillers, water consumers, industries, and any 13,056
other persons seeking information regarding water resources; 13,057
(E) Prescribe such regulations subject to and ADOPT RULES 13,059
in accordance with sections 119.01 to 119.13 CHAPTER 119. of the 13,061
Revised Code, for the drilling, operation, maintenance, and 13,062
abandonment of wells as THAT are deemed DETERMINED TO BE 13,063
necessary by the director of environmental protection to prevent 13,065
the contamination of the underground GROUND waters in the state, 13,067
except that such regulations THE RULES shall not apply to wells 13,069
for the provision of water for human consumption unless they are 13,070
used, or are for use, by a public water system as defined in 13,071
296
section 6109.01 of the Revised Code. No person shall violate any 13,072
such regulation A RULE ADOPTED UNDER THIS DIVISION.
(F) Have access to all information and statistics which 13,074
THAT any public authority within the state has available which 13,075
AND THAT the director deems DETERMINES ARE pertinent to its 13,077
duties;
(G) Have authority to prepare an accurate map and 13,079
description of the territorial boundaries of proposed watershed 13,080
districts within the state. Such THE map and description shall 13,081
follow the property line, section line, half section line, or 13,082
patent line which THAT is nearest to the hydrologic boundary of 13,083
the proposed watershed district. There shall be not less than 13,085
fifteen nor more than eighteen proposed watershed districts in 13,086
the state, and each shall be composed of one or more major river 13,087
watersheds. When a map and a description of a proposed watershed 13,088
district has been completed, the director shall cause a copy 13,089
thereof OF THEM to be filed with the secretary of state and the 13,090
board of county commissioners of each county contained in whole 13,092
or in part within the territorial boundaries of such THE proposed 13,093
watershed district. 13,094
Section 2. That existing sections 109.71, 109.751, 109.77, 13,096
109.801, 109.802, 123.01, 145.01, 145.33, 149.01, 1501.01, 13,097
1501.02, 1501.10, 1502.01, 1502.03, 1502.04, 1502.05, 1502.99, 13,098
1503.01, 1503.05, 1503.29, 1503.43, 1504.02, 1505.10, 1505.99, 13,099
1506.02, 1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 13,100
1509.072, 1509.13, 1509.14, 1509.22, 1509.222, 1509.31, 1511.02, 13,101
1511.022, 1513.02, 1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 13,102
1515.03, 1515.08, 1515.24, 1517.10, 1517.14, 1517.99, 1518.20, 13,103
1518.21, 1518.22, 1518.23, 1518.24, 1518.25, 1518.26, 1518.27, 13,104
1518.99, 1520.01, 1520.02, 1520.03, 1521.03, 1521.05, 1531.01, 13,105
1531.06, 1531.13, 1531.20, 1531.33, 1531.99, 1533.01, 1533.06, 13,106
1533.08, 1533.10, 1533.12, 1533.171, 1533.24, 1533.67, 1533.68, 13,107
1533.70, 1533.71, 1533.74, 1533.82, 1533.99, 1541.03, 1541.10, 13,108
1547.01, 1547.03, 1547.04, 1547.08, 1547.09, 1547.111, 1547.12, 13,109
297
1547.13, 1547.131, 1547.14, 1547.15, 1547.22, 1547.25, 1547.251, 13,110
1547.26, 1547.30, 1547.302, 1547.31, 1547.33, 1547.39, 1547.40,
1547.52, 1547.521, 1547.531, 1547.542, 1547.543, 1547.57, 13,111
1547.69, 1548.01, 1548.05, 1548.06, 1553.01, 1553.02, 1553.05, 13,113
2935.01, 2935.03, 3937.42, 4905.03, 5749.02, and 6111.42 and 13,114
sections 1515.06, 1515.071, and 1553.07 of the Revised Code are 13,115
hereby repealed.
Section 3. That the version of section 1547.31 of the 13,117
Revised Code, as enacted by Am. S.B. 295 of the 121st General 13,118
Assembly, that takes effect on January 1, 2000, be amended to 13,119
read as follows: 13,120
Sec. 1547.31. (A) Every powercraft operated on the waters 13,130
in this state shall be equipped at all times with a muffler or a 13,131
muffler system that is in good working order, in constant 13,132
operation, and effectively installed to prevent excessive or 13,133
unusual noise.
(B)(1) No person shall operate or give permission for the 13,136
operation of a powercraft on the waters in this state in such a 13,137
manner as to exceed a noise level of ninety decibels on the "A" 13,139
scale when subjected to a stationary sound level test as 13,140
prescribed by SAE J2005. 13,142
(2) No person shall operate OR GIVE PERMISSION FOR THE 13,144
OPERATION OF a powercraft on the waters in this state in such a 13,146
manner as to exceed a noise level of seventy-five decibels on the 13,147
"A" scale measured as specified by SAE J1970. Measurement of a 13,150
noise level of not more than seventy-five decibels on the "A" 13,152
scale of a powercraft in operation does not preclude the 13,153
conducting of a stationary sound level test as prescribed by SAE 13,154
J2005. 13,155
(C) No person shall operate or give permission for the 13,158
operation of a powercraft on the waters in this state that is 13,159
equipped with an altered muffler or muffler cutout, or operate or 13,160
give permission for the operation of a powercraft on the waters 13,161
in this state in any manner that bypasses or otherwise reduces or 13,162
298
eliminates the effectiveness of any muffler or muffler system 13,163
installed in accordance with this section, unless the applicable 13,164
mechanism has been permanently disconnected or made inoperable. 13,165
(D) No person shall remove, alter, or otherwise modify in 13,168
any way a muffler or muffler system in a manner that will prevent 13,169
it from being operated in accordance with this section. 13,170
(E) No person shall manufacture, sell, or offer for sale a 13,173
powercraft that is not equipped with a muffler or muffler system 13,174
that prevents noise levels in excess of those established in 13,175
division (B)(1) of this section. 13,176
(F) This section does not apply to any of the following: 13,179
(1) A powercraft that is designed, manufactured, and sold 13,182
for the sole purpose of competing in racing events. The
exception established under division (F)(1) of this section shall 13,184
be documented in each sale agreement and shall be acknowledged 13,185
formally by the signatures of the buyer and the seller. The 13,186
buyer and the seller shall maintain copies of the sale agreement. 13,188
A copy of the sale agreement shall be kept aboard the powercraft 13,189
when it is operated. A powercraft to which the exception 13,190
established under division (F)(1) of this section applies shall 13,192
be operated on the waters in this state only in accordance with 13,193
division (F)(2) of this section. 13,194
(2) A powercraft that is actually participating in a 13,196
sanctioned racing event or in tune-up periods for a sanctioned 13,197
racing event on the waters in this state and that is being 13,198
operated in accordance with division (F)(2) of this section. For 13,200
the purposes of division (F)(2) of this section, a sanctioned 13,202
racing event is a racing event that is conducted in accordance 13,203
with section 1547.20 of the Revised Code or that is approved by 13,205
the United States coast guard. The operator of a powercraft that 13,208
is operated on the waters in this state for the purpose of a 13,209
sanctioned racing event shall comply with that section and 13,210
requirements established under it or with requirements 13,211
established by the coast guard, as appropriate. Failure to 13,212
299
comply subjects the operator to this section.
(3) A powercraft that is being operated on the waters in 13,215
this state by or for a boat or engine manufacturer for the
purpose of testing, development, or both and that complies with 13,216
division (F)(3) of this section. The operator of such a 13,218
powercraft shall have aboard at all times and shall produce on 13,219
demand of a law enforcement officer a current, valid letter 13,220
issued by the chief of the division of watercraft in accordance 13,221
with rules adopted under division (I)(1) of this section. 13,223
Failure to produce the letter subjects the operator to this 13,224
section.
(G) A law enforcement officer who is trained in accordance 13,227
with rules adopted under division (I)(2) of this section and who 13,229
has reason to believe that a powercraft is not in compliance with 13,230
the noise levels established in this section may direct the 13,231
operator of the powercraft to submit it to an on-site test to 13,232
measure the level of the noise emitted by the powercraft. The 13,233
operator shall comply with that direction. The officer may 13,234
remain aboard the powercraft during the test at the officer's 13,235
discretion.
If the level of the noise emitted by the powercraft exceeds 13,238
the noise levels established in this section, the officer may 13,239
direct the operator to take immediate and reasonable measures to 13,240
correct the violation, including returning the powercraft to a 13,241
mooring and keeping it at the mooring until the violation is 13,242
corrected or ceases.
(H) A law enforcement officer who conducts powercraft 13,245
noise level tests pursuant to this section shall be trained to do 13,246
so in accordance with rules adopted under division (I)(2) of this 13,248
section.
(I) In accordance with Chapter 119. of the Revised Code, 13,253
the chief shall adopt rules establishing both of the following: 13,254
(1) Requirements and procedures for the issuance of 13,256
letters under division (F)(3) of this section. The rules shall 13,258
300
require, without limitation, that each such letter adequately 13,259
identify the powercraft concerning which the letter is issued and 13,260
specify the purposes for which the powercraft is being operated. 13,261
(2) Requirements and procedures for the training of law 13,264
enforcement officers who conduct powercraft noise level tests 13,265
pursuant to this section. The rules shall require the training 13,266
to include, without limitation, the selection of a site where 13,267
noise level is measured and the calibration and use of noise 13,268
measurement equipment.
Section 4. That all existing versions of section 1547.31 13,270
of the Revised Code are hereby repealed. 13,271
Section 5. Sections 3 and 4 of this act shall take effect 13,273
January 1, 2000. 13,274
Section 6. Not later than ninety days after the effective 13,276
date of this act, each preserve officer, as defined in section 13,277
145.01 of the Revised Code as amended by this act, who is a 13,278
member of the Public Employees Retirement System shall indicate 13,279
to the system, on a form supplied by the retirement system, a 13,280
choice of whether to receive benefits under division (A) of 13,281
section 145.33 of the Revised Code or division (B) of that 13,282
section.
Section 7. All rules adopted by the Chief of the Division 13,284
of Natural Areas and Preserves in the Department of Natural 13,285
Resources pursuant to section 1518.22 of the Revised Code, as it 13,286
existed prior to the effective date of this act, continue in 13,287
effect as rules until amended or rescinded by the Chief of the 13,288
Division of Wildlife in that Department pursuant to section 13,289
1533.88 of the Revised Code, as amended by this act. If 13,290
necessary to ensure the integrity of the numbering of the 13,291
Administrative Code, the Director of the Legislative Service 13,292
Commission shall renumber the rules of the Division of Natural 13,293
Areas and Preserves to reflect their transfer to the Division of 13,294
Wildlife. 13,295
Section 8. The amendments to section 4905.03 of the 13,297
301
Revised Code by this act shall not be construed to modify rules 13,298
and orders of the Public Utilities Commission in existence on the 13,299
effective date of this act.
Section 9. Section 109.77 of the Revised Code is presented 13,301
in this act as a composite of the section as amended by both Sub. 13,302
H.B. 670 and Am. Sub. S.B. 285 of the 121st General Assembly, 13,303
with the new language of neither of the acts shown in capital 13,304
letters. Section 109.802 of the Revised Code is presented in 13,305
this act as a composite of the section as amended by both Am. 13,306
Sub. H.B. 566 and Sub. H.B. 670 of the 121st General Assembly, 13,307
with the new language of neither of the acts shown in capital 13,308
letters. Section 123.01 of the Revised Code is presented in this 13,310
act as a composite of the section as amended by Am. Sub. H.B. 13,311
117, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 121st General 13,312
Assembly, with the new language of none of the acts shown in 13,313
capital letters. Section 145.33 of the Revised Code is presented 13,314
in this act as a composite of the section as amended by both Am. 13,315
Sub. H.B. 379 and Am. Sub. H.B. 450 of the 121st General 13,316
Assembly, with the new language of neither of the acts shown in 13,317
capital letters. Section 1511.02 of the Revised Code is 13,318
presented in this act as a composite of the section as amended by 13,319
Am. Sub. S.B. 73, Am. Sub. S.B. 182, and Am. Sub. S.B. 226 of the 13,320
120th General Assembly, with the new language of none of the acts 13,321
shown in capital letters. Section 1513.181 of the Revised Code 13,322
is presented in this act as a composite of the section as amended 13,323
by both Am. Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st 13,324
General Assembly, with the new language of neither of the acts 13,325
shown in capital letters. Section 1515.08 of the Revised Code is 13,326
presented in this act as a composite of the section as amended by 13,327
both Am. Sub. S.B. 73 and Am. Sub. S.B. 182 of the 120th General 13,328
Assembly, with the new language of neither of the acts shown in 13,329
capital letters. Section 5749.02 of the Revised Code is 13,330
presented in this act as a composite of the section as amended by 13,331
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General 13,332
302
Assembly, with the new language of neither of the acts shown in 13,333
capital letters. This is in recognition of the principle stated 13,334
in division (B) of section 1.52 of the Revised Code that such 13,335
amendments are to be harmonized where not substantively 13,336
irreconcilable and constitutes a legislative finding that such is 13,337
the resulting version in effect prior to the effective date of 13,338
this act.