As Passed by the House 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- REPRESENTATIVES 10
HOUSEHOLDER-OGG-VESPER-HAINES-SULZER-
TIBERI-CALLENDER-KREBS-OLMAN 11
_________________________________________________________________ 13
A B I L L
To amend sections 109.71, 109.751, 109.77, 109.801, 15
109.802, 145.01, 145.33, 149.01, 505.82, 918.12, 16
971.01, 1501.02, 1501.10, 1502.01, 1502.03, 17
1502.04, 1502.05, 1502.99, 1503.05, 1503.29,
1503.43, 1504.02, 1505.10, 1505.99, 1506.02, 18
1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 19
1509.071, 1509.072, 1509.13, 1509.14, 1509.22,
1509.222, 1509.31, 1511.02, 1511.022, 1513.02, 20
1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 21
1515.03, 1515.08, 1515.24, 1517.10, 1517.14, 22
1517.99, 1518.20 to 1518.27, 1518.99, 1520.01 to
1520.03, 1521.03, 1521.05, 1531.01, 1531.06, 23
1531.13, 1531.20, 1531.33, 1531.99, 1533.01, 24
1533.06, 1533.08, 1533.10, 1533.12, 1533.171,
1533.24, 1533.67, 1533.68, 1533.70, 1533.71, 25
1533.74, 1533.82, 1533.99, 1541.03, 1541.10, 26
1547.01, 1547.03, 1547.04, 1547.08, 1547.09,
1547.111, 1547.12, 1547.13, 1547.131, 1547.14, 27
1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 28
1547.30, 1547.302, 1547.31, 1547.33, 1547.39,
1547.40, 1547.52, 1547.521, 1547.531, 1547.54, 29
1547.542, 1547.543, 1547.57, 1547.69, 1548.01, 30
1548.05, 1548.06, 1553.01, 1553.02, 1553.05, 31
1553.08, 2935.01, 2935.03, 3937.42, 4905.03,
5749.02, and 6111.42; to amend, for the purpose 33
2
of adopting new section numbers as indicated in
parentheses, sections 1518.20 (1533.86), 1518.21 34
(1533.87), 1518.22 (1533.88), 1518.23 (1533.881), 35
1518.24 (1533.882), 1518.25 (1533.89), 1518.26 36
(1533.891), and 1518.27 (1533.90); to enact new 37
section 1553.07 and sections 1501.013, 1531.081,
1531.202, and 1531.34; and to repeal sections 38
1515.06, 1515.071, and 1553.07 of the Revised
Code to revise the statutes governing the 40
Department of Natural Resources and to maintain
the provisions of this act on and after January 41
1, 2000, by amending the version of section
1547.31 of the Revised Code that takes effect on 42
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 44
Section 1. That sections 109.71, 109.751, 109.77, 109.801, 46
109.802, 145.01, 145.33, 149.01, 505.82, 918.12, 971.01, 1501.02, 48
1501.10, 1502.01, 1502.03, 1502.04, 1502.05, 1502.99, 1503.05, 49
1503.29, 1503.43, 1504.02, 1505.10, 1505.99, 1506.02, 1506.11, 50
1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 1509.072, 1509.13, 51
1509.14, 1509.22, 1509.222, 1509.31, 1511.02, 1511.022, 1513.02, 52
1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 1515.03, 1515.08, 53
1515.24, 1517.10, 1517.14, 1517.99, 1518.20, 1518.21, 1518.22, 54
1518.23, 1518.24, 1518.25, 1518.26, 1518.27, 1518.99, 1520.01, 55
1520.02, 1520.03, 1521.03, 1521.05, 1531.01, 1531.06, 1531.13, 56
1531.20, 1531.33, 1531.99, 1533.01, 1533.06, 1533.08, 1533.10, 57
1533.12, 1533.171, 1533.24, 1533.67, 1533.68, 1533.70, 1533.71, 58
1533.74, 1533.82, 1533.99, 1541.03, 1541.10, 1547.01, 1547.03, 59
1547.04, 1547.08, 1547.09, 1547.111, 1547.12, 1547.13, 1547.131, 60
1547.14, 1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 1547.30, 61
1547.302, 1547.31, 1547.33, 1547.39, 1547.40, 1547.52, 1547.521, 62
1547.531, 1547.54, 1547.542, 1547.543, 1547.57, 1547.69, 1548.01,
3
1548.05, 1548.06, 1553.01, 1553.02, 1553.05, 1553.08, 2935.01, 63
2935.03, 3937.42, 4905.03, 5749.02, and 6111.42 be amended, 64
sections 1518.20 (1533.86), 1518.21 (1533.87), 1518.22 (1533.88), 65
1518.23 (1533.881), 1518.24 (1533.882), 1518.25 (1533.89), 66
1518.26 (1533.891), and 1518.27 (1533.90) be amended for the 67
purpose of adopting new section numbers as indicated in 68
parentheses, and new section 1553.07 and sections 1501.013, 69
1531.081, 1531.202, and 1531.34 of the Revised Code be enacted to 70
read as 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
4
or regulations of a board of county commissioners or board of 107
township trustees, or any such laws, ordinances, resolutions, or 108
regulations;
(2) A police officer who is employed by a railroad company 110
and appointed and commissioned by the governor pursuant to 111
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
5
(11) A police officer who is employed by a qualified 151
nonprofit corporation police department pursuant to section 152
1702.80 of the Revised Code; 153
(12) A state university law enforcement officer appointed 155
under section 3345.04 of the Revised Code or a person serving as 156
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 or a person who was serving as a 184
special police officer pursuant to that section on a permanent 186
basis on October 21, 1997, and who has been awarded a certificate 188
by the executive director of the Ohio peace officer training 189
commission attesting to the person's satisfactory completion of 190
an approved state, county, municipal, or department of natural 191
6
resources peace officer basic training program. 192
(B) "Undercover drug agent" has the same meaning as in 194
division (B)(2) of section 109.79 of the Revised Code. 195
(C) "Crisis intervention training" means training in the 197
use of interpersonal and communication skills to most effectively 198
and sensitively interview victims of rape. 199
(D) "Missing children" has the same meaning as in section 201
2901.30 of the Revised Code. 202
Sec. 109.751. (A) The executive director of the Ohio 211
peace officer training commission shall neither approve nor issue 213
a certificate of approval to a peace officer training school 214
pursuant to section 109.75 of the Revised Code unless the school 215
agrees to permit, in accordance with rules adopted by the 216
attorney general pursuant to division (C) of this section, 217
undercover drug agents to attend its basic training programs. 218
The executive director shall revoke approval, and the certificate 220
of approval of, a peace officer training school that does not 221
permit, in accordance with rules adopted by the attorney general 222
pursuant to division (C) of this section, undercover drug agents 223
to attend its basic training programs.
This division does not apply to peace officer training 225
schools for employees of conservancy districts who are designated 226
pursuant to section 6101.75 of the Revised Code or for A NATURAL 227
RESOURCES LAW ENFORCEMENT STAFF OFFICER, park officers, forest 229
officers, preserve officers, wildlife officers, or state
watercraft officers of the department of natural resources. 230
(B)(1) A peace officer training school is not required to 232
permit an undercover drug agent, a bailiff or deputy bailiff of a 233
court of record of this state, or a criminal investigator 234
employed by the state public defender to attend its basic 235
training programs if either of the following applies: 236
(a) In the case of the Ohio peace officer training 238
academy, the employer county, township, municipal corporation, 239
court, or state public defender or the particular undercover drug 240
7
agent, bailiff, deputy bailiff, or criminal investigator has not 241
paid the tuition costs of training in accordance with section 242
109.79 of the Revised Code; 243
(b) In the case of other peace officer training schools, 245
the employer county, township, municipal corporation, court, or 246
state public defender fails to pay the entire cost of the 247
training and certification. 248
(2) A training school shall not permit a bailiff or deputy 250
bailiff of a court of record of this state or a criminal 251
investigator employed by the state public defender to attend its 252
basic training programs unless the employing court of the bailiff 253
or deputy bailiff or the state public defender, whichever is 254
applicable, has authorized the bailiff, deputy bailiff, or 255
investigator to attend the school. 256
(C) The attorney general shall adopt, in accordance with 258
Chapter 119. or pursuant to section 109.74 of the Revised Code, 259
rules governing the attendance of undercover drug agents at 260
approved peace officer training schools, other than the Ohio 261
peace officer training academy, and the certification of the 262
agents upon their satisfactory completion of basic training 263
programs. 264
Sec. 109.77. (A) As used in this section, "felony" has 273
the same meaning as in section 109.511 of the Revised Code. 274
(B)(1) Notwithstanding any general, special, or local law 277
or charter to the contrary, and except as otherwise provided in 278
this section, no person shall receive an original appointment on 279
a permanent basis as any of the following unless the person 280
previously has been awarded a certificate by the executive 281
director of the Ohio peace officer training commission attesting 282
to the person's satisfactory completion of an approved state, 283
county, municipal, or department of natural resources peace 284
officer basic training program:
(a) A peace officer of any county, township, municipal 286
corporation, regional transit authority, or metropolitan housing 287
8
authority;
(b) A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER, 289
park officer, forest officer, preserve officer, wildlife officer, 291
or state watercraft officer of the department of natural 292
resources;
(c) An employee of a park district under section 511.232 294
or 1545.13 of the Revised Code; 295
(d) An employee of a conservancy district who is 297
designated pursuant to section 6101.75 of the Revised Code; 298
(e) A state university law enforcement officer; 300
(f) A special police officer employed by the department of 302
mental health pursuant to section 5119.14 of the Revised Code or 303
the department of mental retardation and developmental 304
disabilities pursuant to section 5123.13 of the Revised Code; 305
(g) A food stamp trafficking agent of the department of 307
public safety designated under section 5502.14 of the Revised 308
Code.
(2) Every person who is appointed on a temporary basis or 310
for a probationary term or on other than a permanent basis as any 311
of the following shall forfeit the appointed position unless the 313
person previously has satisfactorily completed SATISFACTORILY or, 314
within the time prescribed by rules adopted by the attorney 315
general pursuant to section 109.74 of the Revised Code, 316
satisfactorily completes a state, county, municipal, or 317
department of natural resources peace officer basic training 318
program for temporary or probationary officers and is awarded a 319
certificate by the director attesting to the satisfactory 320
completion of the program:
(a) A peace officer of any county, township, municipal 322
corporation, regional transit authority, or metropolitan housing 323
authority;
(b) A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER, 325
park officer, forest officer, preserve officer, wildlife officer, 327
or state watercraft officer of the department of natural 328
9
resources;
(c) An employee of a park district under section 511.232 330
or 1545.13 of the Revised Code; 331
(d) An employee of a conservancy district who is 333
designated pursuant to section 6101.75 of the Revised Code; 334
(e) A special police officer employed by the department of 336
mental health pursuant to section 5119.14 of the Revised Code or 337
the department of mental retardation and developmental 338
disabilities pursuant to section 5123.13 of the Revised Code; 339
(f) A food stamp trafficking agent of the department of 341
public safety designated under section 5502.14 of the Revised 342
Code.
(3) For purposes of division (B) of this section, a state, 344
county, municipal, or department of natural resources peace 345
officer basic training program, regardless of whether the program 346
is to be completed by peace officers appointed on a permanent or 347
temporary, probationary, or other nonpermanent basis, shall 348
include at least fifteen hours of training in the handling of the 349
offense of domestic violence, other types of domestic 350
violence-related offenses and incidents, and protection orders 351
and consent agreements issued or approved under section 2919.26 352
or 3113.31 of the Revised Code and at least six hours of crisis 353
intervention training. The requirement to complete fifteen hours 354
of training in the handling of the offense of domestic violence, 355
other types of domestic violence-related offenses and incidents, 356
and protection orders and consent agreements issued or approved 357
under section 2919.26 or 3113.31 of the Revised Code does not 358
apply to any person serving as a peace officer on March 27, 1979, 359
and the requirement to complete six hours of training in crisis 360
intervention does not apply to any person serving as a peace 361
officer on April 4, 1985. Any person who is serving as a peace 362
officer on April 4, 1985, who terminates that employment after 363
that date, and who is subsequently IS hired as a peace officer by 365
the same or another law enforcement agency shall complete the six 366
10
hours of training in crisis intervention within the time 367
prescribed by rules adopted by the attorney general pursuant to 368
section 109.742 of the Revised Code. No peace officer shall have 369
employment as a peace officer terminated and then be reinstated 370
with intent to circumvent this section. 371
(4) Division (B) of this section does not apply to any 373
person serving on a permanent basis on March 28, 1985, as a park 374
officer, forest officer, preserve officer, wildlife officer, or 375
state watercraft officer of the department of natural resources 376
or as an employee of a park district under section 511.232 or 377
1545.13 of the Revised Code, to any person serving on a permanent 378
basis on March 6, 1986, as an employee of a conservancy district 379
designated pursuant to section 6101.75 of the Revised Code, to 380
any person serving on a permanent basis on January 10, 1991, as a 381
preserve officer of the department of natural resources, to any 383
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 385
pursuant to section 5119.14 of the Revised Code or by the 386
department of mental retardation and developmental disabilities 387
pursuant to section 5123.13 of the Revised Code, or to any person 388
serving on a permanent basis on June 19, 1978, as a state 389
university law enforcement officer pursuant to section 3345.04 of 390
the Revised Code and who, immediately prior to June 19, 1978, was 391
serving as a special policeman POLICE OFFICER designated under 392
authority of that section.
(5) Division (A)(B) of this section does not apply to any 394
person who is appointed as a regional transit authority police 395
officer pursuant to division (Y) of section 306.35 of the Revised 396
Code if, on or before July 1, 1996, the person has satisfactorily 397
completed SATISFACTORILY an approved state, county, municipal, or 399
department of natural resources peace officer basic training 400
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 401
to the person's satisfactory completion of such an approved 402
11
program and if, on July 1, 1996, the person is performing peace 403
officer functions for a regional transit authority. 404
(C) No person, after September 20, 1984, shall receive an 406
original appointment on a permanent basis as a liquor control 407
investigator or food stamp trafficking agent of the department of 408
public safety, engaged in the enforcement of Chapters 4301. and 409
4303. of the Revised Code, or as an Ohio veterans' home police 410
officer designated under section 5907.02 of the Revised Code 413
unless the person previously has been awarded a certificate by 414
the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of 415
an approved police OFFICER basic training program. Every person 416
who is appointed on a temporary basis or for a probationary term 418
or on other than a permanent basis as a liquor control 419
investigator of the department of public safety, engaged in the 420
enforcement of Chapters 4301. and 4303. of the Revised Code, or 421
as an Ohio veterans' home police officer designated under section 422
5907.02 of the Revised Code shall forfeit that position unless 423
the person previously has satisfactorily completed SATISFACTORILY 424
or, within one year from the time of appointment, satisfactorily 426
completes an approved police OFFICER basic training program. 427
No person shall, beginning on October 29, 1995, SHALL 429
receive an original appointment on a permanent basis as a food 431
stamp trafficking agent of the department of public safety 432
authorized to enforce Chapter 5502. and sections 2913.46 and 433
5101.54 of the Revised Code and engaged in the enforcement of 434
laws and rules described in section 5502.14 of the Revised Code 435
unless the person previously has been awarded a certificate by 436
the executive director of the Ohio peace officer training 437
commission attesting to the person's satisfactory completion of 438
an approved police OFFICER basic training program. Every person 440
who is appointed on a temporary or for a probationary term or on 441
other than a permanent basis as a food stamp trafficking agent 442
shall forfeit that position unless the person previously has
12
satisfactorily completed SATISFACTORILY, or within one year from 443
the time of the appointment satisfactorily completes, an approved 445
police OFFICER basic training program. 446
(D) No bailiff or deputy bailiff of a court of record of 448
this state and no criminal investigator who is employed by the 449
state public defender shall carry a firearm, as defined in 450
section 2923.11 of the Revised Code, while on duty unless the 451
bailiff, deputy bailiff, or criminal investigator has done or 453
received one of the following:
(1) Has been awarded a certificate by the executive 455
director of the Ohio peace officer training commission, which 456
certificate attests to satisfactory completion of an approved 457
state, county, or municipal basic training program for bailiffs 458
and deputy bailiffs of courts of record and for criminal 459
investigators employed by the state public defender that has been 460
recommended by the Ohio peace officer training council 461
COMMISSION;
(2) Has successfully completed a firearms training program 464
approved by the Ohio peace officer training commission prior to 465
employment as a bailiff, deputy bailiff, or criminal 466
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 469
firearm by the court that employed the bailiff, OR deputy 470
bailiff, or, IN THE CASE OF A criminal investigator or, by the 472
state public defender and has received training in the use of 473
firearms that the Ohio peace officer training commission 474
determines is equivalent to the training that otherwise is 475
required by this division (D) OF THIS SECTION. 476
(E)(1) Prior to awarding any certificate prescribed in 479
this section, the executive director of the Ohio peace officer 480
training commission shall request the person to whom the 481
certificate is to be awarded to disclose, and the person shall 482
disclose, any previous criminal conviction of or plea of guilty 483
of that person to a felony.
13
(2) Prior to the award by the executive director of the 486
commission of any certificate prescribed in this section, the 487
prospective employer of the person to whom the certificate is to 488
be awarded or the commander of the peace officer training school 489
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 491
records check on the person. Upon receipt of the request, the 492
bureau promptly shall conduct a criminal history records check on 493
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 494
prospective employer or peace officer training school commander 495
that made the request. Upon receipt of the copy of the criminal 497
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 498
shall submit the copy to the executive director of the Ohio peace 500
officer training commission. The executive director shall not 501
award any certificate prescribed in this section unless the 502
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 503
awarded.
(3) The executive director of the commission shall not 505
award a certificate prescribed in this section to a person who 506
has been convicted of or has pleaded guilty to a felony or who 507
fails to disclose any previous criminal conviction of or plea of 508
guilty to a felony as required under division (E)(1) of this 509
section.
(4) The executive director of the commission shall revoke 511
the certificate awarded to a person as prescribed in this 512
section, and that person shall forfeit all of the benefits 513
derived from being certified as a peace officer under this 514
section, if the person, prior to the award of the certificate, 515
failed to disclose any previous criminal conviction of or plea of 516
guilty to a felony as required under division (E)(1) of this 518
section.
14
(F)(1) Regardless of whether the person has been awarded 520
the certificate or has been classified as a peace officer prior 521
to, on, or after the effective date of this amendment, the 522
executive director of the Ohio peace officer training commission 523
shall revoke any certificate that has been awarded to a person as 524
prescribed in this section if the person does either of the 525
following:
(a) Pleads guilty to a felony committed on or after 527
January 1, 1997. 528
(b) Pleads guilty to a misdemeanor committed on or after 531
January 1, 1997, pursuant to a negotiated plea agreement as 532
provided in division (D) of section 2929.29 of the Revised Code 533
in which the person agrees to surrender the certificate awarded 535
to the person under this section. 536
(2) The executive director of the commission shall suspend 538
any certificate that has been awarded to a person as prescribed 539
in this section if the person is convicted, after trial, of a 540
felony committed on or after January 1, 1997. The executive 542
director shall suspend the certificate pursuant to this division 543
(F)(2) OF THIS SECTION pending the outcome of an appeal by the 544
person from that conviction to the highest court to which the 546
appeal is taken or until the expiration of the period in which an 547
appeal is required to be filed. If the person files an appeal 548
that results in that person's acquittal of the felony or 549
conviction of a misdemeanor, or in the dismissal of the felony 550
charge against that person, the executive director shall 551
reinstate the certificate awarded to the person under this 552
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 554
highest court to which the appeal is taken or if the person does 555
not file a timely appeal, the executive director shall revoke the 556
certificate awarded to the person under this section. 557
(G)(1) If a person is awarded a certificate under this 560
section and the certificate is revoked pursuant to division
15
(E)(4) or (F) of this section, the person shall not be eligible 562
to receive, at any time, a certificate attesting to the person's 563
satisfactory completion of a peace officer basic training 564
program.
(2) The revocation or suspension of a certificate under 566
division (E)(4) or (F) of this section shall be in accordance 567
with Chapter 119. of the Revised Code. 568
(H)(1) A person who was employed as a peace officer of a 570
county, township, or municipal corporation of the state on 571
January 1, 1966, and who has completed at least sixteen years of 572
full-time active service as such a peace officer may receive an 573
original appointment on a permanent basis and serve as a peace 574
officer of a county, township, or municipal corporation, or as a 575
state university law enforcement officer, without complying with 576
the requirements of division (B) of this section. 577
(2) Any person who held an appointment as a state highway 579
trooper on January 1, 1966, may receive an original appointment 580
on a permanent basis and serve as a peace officer of a county, 581
township, or municipal corporation, or as a state university law 582
enforcement officer, without complying with the requirements of 583
division (B) of this section. 584
(I) No person who is appointed as a peace officer of a 586
county, township, or municipal corporation on or after April 9, 587
1985, shall serve as a peace officer of that county, township, or 588
municipal corporation unless the person has received training in 589
the handling of missing children and child abuse and neglect 590
cases from an approved state, county, township, or municipal 591
police OFFICER basic training program or receives the training 592
within the time prescribed by rules adopted by the attorney 593
general pursuant to section 109.741 of the Revised Code. 594
(J) No part of any approved state, county, or municipal 596
basic training program for bailiffs and deputy bailiffs of courts 597
of record and no part of any approved state, county, or municipal 598
basic training program for criminal investigators employed by the 599
16
state public defender shall be used as credit toward the 600
completion by a peace officer of any part of the approved state, 601
county, or municipal peace officer basic training program that 602
the peace officer is required by this section to complete 603
satisfactorily. 604
(K) This section does not apply to any member of the 606
police department of a municipal corporation in an adjoining 607
state serving in this state under a contract pursuant to section 608
737.04 of the Revised Code. 609
Sec. 109.801. (A)(1) Each year the following persons 618
shall successfully complete SUCCESSFULLY a firearms 619
requalification program approved by the executive director of the 621
Ohio peace officer training commission in accordance with rules 622
adopted by the attorney general pursuant to section 109.743 of 624
the Revised Code: any sheriff, deputy sheriff, marshal, deputy 625
marshal, township constable, chief of police or member of an 626
organized police department of a municipal corporation or 627
township, chief of police or member of a township police district 628
police force, superintendent of the state highway patrol, state 629
highway patrol trooper, or chief of police of a university or 630
college police department or state university law enforcement 631
officer appointed under section 3345.04 of the Revised Code; any 632
parole or probation officer who carries a firearm in the course 634
of official duties; any employee of the department of natural 635
resources who is a NATURAL RESOURCES LAW ENFORCEMENT STAFF 637
OFFICER, park officer, forest officer, preserve officer, wildlife 638
officer, or state watercraft officer who carries a firearm in the 639
course of official duties; or any employee of the department of 640
youth services who is designated pursuant to division (A)(2) of 641
section 5139.53 of the Revised Code as being authorized to carry 642
a firearm while on duty as described in that division. 644
(2) No person listed in division (A)(1) of this section 646
shall carry a firearm during the course of official duties if the 648
person does not comply with division (A)(1) of this section. 649
17
(B) The hours that a sheriff spends attending a firearms 651
requalification program required by division (A) of this section 652
are in addition to the sixteen hours of continuing education that 653
are required by division (E) of section 311.01 of the Revised 654
Code. 655
(C) As used in this section, "firearm" has the same 657
meaning as in section 2923.11 of the Revised Code. 658
Sec. 109.802. (A) There is hereby created in the state 668
treasury the law enforcement assistance fund. The fund shall be 669
used to pay reimbursements for law enforcement training as 670
provided in this section and section 109.803 of the Revised Code, 671
the compensation of any employees of the attorney general 672
required to administer those sections, and any other 673
administrative costs incurred by the attorney general to 674
administer those sections. 675
(B) The attorney general shall adopt rules in accordance 677
with Chapter 119. of the Revised Code establishing application 678
procedures, standards, and guidelines, and prescribing an 679
application form, for the reimbursement of sheriffs, constables, 680
chiefs of police of organized municipal and township police 681
departments, chiefs of police of township police district police 682
forces, and chiefs of police of university or college police 683
departments for the costs of peace officer basic training 684
programs, advanced peace officer training programs, basic jailer 685
training programs, and firearms requalification programs 686
successfully completed by them or the peace officers under their 687
supervision, for the reimbursement of the superintendent of the 688
state highway patrol and the director of natural resources for 689
the costs of peace officer basic training programs, advanced 690
peace officer training programs, and basic jailer training 691
programs successfully completed by them or the peace officers 692
under their supervision, and for the reimbursement of the chief 693
of the adult parole authority and the chief probation officer of 694
a county probation department, multicounty probation department, 695
18
and municipal court department of probation for the costs of 696
basic firearm training programs and firearms requalification 697
programs successfully completed by them or by parole or probation 698
officers under their supervision. The rules shall include, but 699
are not limited to, all of the following: 700
(1) A requirement that applications for reimbursement be 702
submitted on a fiscal year basis; 703
(2) The documentation required to substantiate any costs 705
for which the applicant seeks reimbursement; 706
(3) The procedure for prorating reimbursements if the 708
amount of money appropriated for reimbursement for any fiscal 709
year is not sufficient to pay all of the costs approved for 710
reimbursement for that fiscal year; 711
(4) Any other requirements necessary for the proper 713
administration of the reimbursement program. 714
(C) Each sheriff, constable, and chief of police of an 716
organized municipal or township police department, township 717
police district police force, or university or college police 718
department may apply each fiscal year to the peace officer 719
training commission for reimbursement for the costs of peace 720
officer basic training programs, advanced peace officer training 721
programs, basic jailer training programs, and firearms 722
requalification training programs that are successfully completed 723
by the sheriff, constable, or chief or a peace officer under the 725
sheriff's, constable's, or chief's supervision. The 726
superintendent of the state highway patrol and the director of
natural resources may apply each fiscal year to the peace officer 727
training commission for reimbursement for the costs of peace 728
officer basic training programs, advanced peace officer training 729
programs, and basic jailer training programs successfully 730
completed by the superintendent or director or the peace officers 732
under the superintendent's or director's supervision. The chief 733
of the adult parole authority and each chief probation officer of 734
a county probation department, multicounty probation department, 735
19
or municipal court department of probation may apply each fiscal 736
year to the peace officer training commission for reimbursement 737
for the costs of basic firearm training programs and firearms 738
requalification programs successfully completed by that such 739
chief or by parole or probation officers under the chief's 740
supervision. Each application shall be made in accordance with, 741
on an application form prescribed in, and be supported by the 742
documentation required by, the rules adopted by the attorney 743
general pursuant to division (B) of this section. 744
(D) As used in this section and section 109.803 of the 746
Revised Code: 747
(1) "Peace officer" includes a sheriff, deputy sheriff, 749
marshal, deputy marshal, chief of police and member of a 750
municipal or township police department, chief of police or AND 751
member of a township police district police force, chief of 752
police of a university or college police department, state 753
university law enforcement officer appointed under section 754
3345.04 of the Revised Code, superintendent of the state highway 755
patrol, state highway patrol trooper, and employee of the 756
department of natural resources who is a NATURAL RESOURCES LAW 757
ENFORCEMENT STAFF OFFICER, park officer, forest officer, preserve 759
officer, wildlife officer, or state watercraft officer. 760
(2) "Chief of police of an organized municipal police 762
department" includes the chief of police of a village police 763
department. 764
(3) "Chief of police of a village police department" means 766
the village marshal. 767
(4) "Chief of police of a university or college police 769
department" means the person who has direct supervisory authority 770
over the state university law enforcement officers who are 771
appointed for the university or college pursuant to section 772
3345.04 of the Revised Code by the board of trustees of the 774
university or college.
Sec. 145.01. As used in this chapter: 783
20
(A) "Public employee" means: 785
(1) Any person holding an office, not elective, under the 787
state or any county, township, municipal corporation, park 788
district, conservancy district, sanitary district, health 789
district, metropolitan housing authority, state retirement board, 790
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 791
university, or board, bureau, commission, council, committee, 792
authority, or administrative body as the same are, or have been, 793
created by action of the general assembly or by the legislative 794
authority of any of the units of local government named in this 795
division (A)(1) OF THIS SECTION, or employed and paid in whole or 796
in part by the state or any of the authorities named in this 797
division (A)(1) OF THIS SECTION in any capacity not covered by 798
section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. 799
(2) A person who is a member of the public employees 801
retirement system AND who continues to perform the same or 803
similar duties under the direction of a contractor who has 804
contracted to take over what before the date of the contract was 805
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 806
purposes of administering this chapter. 807
(3) Any person who is an employee of a public employer, 809
notwithstanding that the person's compensation for that 810
employment is derived from funds of a person or entity other than 811
the employer. Credit for such service shall be included as total 812
service credit, provided that the employee makes the payments 813
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 814
In all cases of doubt, the public employees retirement 816
board shall determine whether any person is a public employee, 817
and its decision is final.
(B) "Member" means any public employee, other than a 819
public employee excluded or exempted from membership in the 820
21
retirement system by section 145.03, 145.031, 145.032, 145.033, 821
145.034, 145.035, or 145.38 of the Revised Code. "Member" 822
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 823
includes a disability benefit recipient. 824
(C) "Head of the department" means the elective or 826
appointive head of the several executive, judicial, and 827
administrative departments, institutions, boards, and commissions 828
of the state and local government as the same are created and 829
defined by the laws of this state or, in case of a charter
government, by that charter. 830
(D) "Employer" or "public employer" means the state or any 832
county, township, municipal corporation, park district, 833
conservancy district, sanitary district, health district, 834
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 835
cemetery, joint hospital, institutional commissary, state medical 836
college, state university, or board, bureau, commission, council, 837
committee, authority, or administrative body as the same are, or 838
have been, created by action of the general assembly or by the 839
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 840
of the Revised Code. In addition, "employer" means the employer 841
of any public employee.
(E) "Prior service" means all service as a public employee 843
rendered before January 1, 1935, and all service as an employee 844
of any employer who comes within the state teachers retirement 845
system or of the school employees retirement system or of any 846
other retirement system established under the laws of this state 847
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 848
other system after that other system was established, credit for 849
the service may be allowed by the public employees retirement 850
system only when the employee has made payment, to be computed on 851
22
the salary earned from the date of appointment to the date 852
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 853
employer has made payment of the corresponding full liability as 854
provided by section 145.44 of the Revised Code. "Prior service" 855
also means all service credited for active duty with the armed 856
forces of the United States as provided in section 145.30 of the 857
Revised Code.
If an employee who has been granted prior service credit by 859
the public employees retirement system for service rendered prior 860
to January 1, 1935, as an employee of a board of education 861
establishes, before retirement, one year or more of contributing 862
service in the state teachers retirement system or school 863
employees retirement system, then the prior service ceases to be
the liability of this system. 864
If the board determines that a position of any member in 866
any calendar year prior to January 1, 1935, was a part-time 867
position, the board shall determine what fractional part of a 868
year's credit shall be allowed by the following formula: 869
(1) When the member has been either elected or appointed 871
to an office the term of which was two or more years and for 872
which an annual salary is established, the fractional part of the 873
year's credit shall be computed as follows: 874
First, when the member's annual salary is one thousand 876
dollars or less, the service credit for each such calendar year 877
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 879
above one thousand dollars, the member's service credit for each 880
such calendar year shall be increased by two and one-half per 881
cent.
(2) When the member is paid on a per diem basis, the 883
service credit for any single year of the service shall be 884
determined by using the number of days of service for which the 885
compensation was received in any such year as a numerator and 886
23
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 888
service credit for any single year of the service shall be 889
determined by using the number of hours of service for which the 890
compensation was received in any such year as a numerator and 891
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 893
the employees' savings fund created by section 145.23 of the 894
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 896
person or persons who, as the result of the death of a member, 897
contributor, or retirant, qualify for or are receiving some right 898
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 900
section 145.37 of the Revised Code, means all service credited to 901
a member of the retirement system since last becoming a member, 902
including restored service credit as provided by section 145.31 903
of the Revised Code; credit purchased under sections 145.293 and 904
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 905
provided in this chapter; all service credit established pursuant 906
to section 145.297 of the Revised Code; and any other service 907
credited under this chapter. In addition, "total service credit" 908
includes any period, not in excess of three years, during which a 909
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 910
of satisfying the service credit requirement and of determining 911
eligibility for benefits under sections 145.32, 145.33, 145.331, 912
145.35, 145.36, and 145.361 of the Revised Code, "five or more 913
years of total service credit" means sixty or more calendar 914
months of contributing service in this system.
(2) "One and one-half years of contributing service 916
credit," as used in division (B) of section 145.45 of the Revised 917
Code, also means eighteen or more calendar months of employment 918
24
by a municipal corporation that formerly operated its own 919
retirement plan for its employees or a part of its employees, 920
provided that all employees of that municipal retirement plan who 921
have eighteen or more months of such employment, upon 922
establishing membership in the public employees retirement 923
system, shall make a payment of the contributions they would have 924
paid had they been members of this system for the eighteen months 925
of employment preceding the date membership was established. 926
When that payment has been made by all such employee-members 927
EMPLOYEE MEMBERS, a corresponding payment shall be paid into the 929
employers' accumulation fund by that municipal corporation as the 930
employer of the employees. 931
(3) Where a member also is a member of the state teachers 933
retirement system or the school employees retirement system, or 934
both, except in cases of retirement on a combined basis pursuant 935
to section 145.37 of the Revised Code, service credit for any 936
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bears 937
BEAR to total contributions in all state retirement systems. 939
(4) Not more than one year of credit may be given for any 941
period of twelve months. 942
(5) "Ohio service credit" means credit for service that 944
was rendered to the state or any of its political subdivisions or 945
any employer as defined in division (D) of this section. 946
(I) "Regular or current interest" means interest at any 948
rates for the respective funds and accounts as the public 949
employees retirement board may determine from time to time, 950
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 952
shall discontinue the annual crediting of current interest to the 953
individual accounts of contributors. The noncrediting of current 954
interest shall not affect the rate of interest at retirement 955
guaranteed under this division (I) OF THIS SECTION. 956
(2) The rate of interest credited on a contributor's 958
25
contributions at retirement shall be four per cent per annum, 959
compounded annually, to and including December 31, 1955; three 960
per cent per annum, compounded annually, from January 1, 1956, to 961
and including December 31, 1963; three and one-quarter per cent 962
per annum, compounded annually, from January 1, 1964, to and 963
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 964
In determining the reserve value for the purpose of 966
computing the amount of the contributor's annuity, the rate of 967
interest used in the annuity values shall be four per cent per 968
annum, compounded annually, for contributors retiring before 969
October 1, 1956, and after December 31, 1969; three per cent per 970
annum, compounded annually, for contributors retiring between 972
October 1, 1956, and December 31, 1963; and three and one-quarter 973
per cent per annum, compounded annually, for contributors 974
retiring from January 1, 1964, to December 31, 1969. Interest on 975
contributions from contributors within any one calendar year 976
shall begin on the first day of the calendar year next following 977
and shall be computed at the end of each calendar year, except in 978
the case of a contributor who retires before the end of the year. 979
(J) "Accumulated contributions" means the sum of all 981
amounts credited to a contributor's individual account in the 982
employees' savings fund together with any current interest 983
thereon, but does not include the interest adjustment at 984
retirement. 985
(K)(1) "Final average salary" means the quotient obtained 987
by dividing by three the sum of the three full calendar years of 988
contributing service in which the member's earnable salary was 989
highest, except that if the member has a partial year of 990
contributing service in the year the member's employment 991
terminates and the member's earnable salary for the partial year 992
is higher than for any comparable period in the three years, the 993
member's earnable salary for the partial year shall be 994
substituted for the member's earnable salary for the comparable 995
26
period during the three years in which the member's earnable 996
salary was lowest.
(2) If a member has less than three years of contributing 998
service, the member's final average salary shall be the member's 999
total earnable salary divided by the total number of years, 1,000
including any fraction of a year, of the member's contributing 1,001
service.
(3) For the purpose of calculating benefits payable to a 1,003
member qualifying for service credit under division (Z) of this 1,004
section, "final average salary" means the total earnable salary 1,005
on which contributions were made divided by the total number of 1,006
years during which contributions were made, including any 1,007
fraction of a year. If contributions were made for less than 1,008
twelve months, "final average salary" means the member's total 1,009
earnable salary. 1,010
(L) "Annuity" means payments for life derived from 1,012
contributions made by a contributor and paid from the annuity and 1,013
pension reserve fund as provided in this chapter. All annuities 1,014
shall be paid in twelve equal monthly installments. 1,015
(M) "Annuity reserve" means the present value, computed 1,017
upon the basis of the mortality and other tables adopted by the 1,018
board, of all payments to be made on account of any annuity, or 1,019
benefit in lieu of any annuity, granted to a retirant as provided 1,020
in this chapter.
(N)(1) "Disability retirement" means retirement as 1,022
provided in section 145.36 of the Revised Code. 1,023
(2) "Disability allowance" means an allowance paid on 1,025
account of disability under section 145.361 of the Revised Code. 1,026
(3) "Disability benefit" means a benefit paid as 1,028
disability retirement under section 145.36 of the Revised Code, 1,029
as a disability allowance under section 145.361 of the Revised 1,030
Code, or as a disability benefit under section 145.37 of the 1,031
Revised Code.
(4) "Disability benefit recipient" means a member who is 1,033
27
receiving a disability benefit. 1,034
(O) "Age and service retirement" means retirement as 1,036
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 1,037
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 1,039
contributions made by the employer that at the time of retirement 1,040
are credited into the annuity and pension reserve fund from the 1,041
employers' accumulation fund and paid from the annuity and 1,042
pension reserve fund as provided in this chapter. All pensions 1,043
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 1,045
portion of the benefit derived from contributions made by the 1,046
member.
(R)(1) Except as otherwise provided in this division (R) 1,048
OF THIS SECTION, "earnable salary" means all salary, wages, and 1,050
other earnings paid to a contributor by reason of employment in a 1,051
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 1,052
the amount required to be contributed to the employees' savings 1,053
fund under section 145.47 of the Revised Code and without regard 1,054
to whether any of the salary, wages, or other earnings are 1,055
treated as deferred income for federal income tax purposes.
"Earnable salary" includes the following: 1,056
(a) Payments made by the employer in lieu of salary, 1,058
wages, or other earnings for sick leave, personal leave, or 1,059
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 1,061
sick leave, personal leave, and vacation leave accrued, but not 1,062
used if the payment is made during the year in which the leave is 1,064
accrued, except that payments made pursuant to section 124.383 or 1,065
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 1,067
consisting of housing, laundry, and meals, as certified to the 1,068
retirement board by the employer or the head of the department 1,069
28
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 1,071
Revised Code;
(e) Payments that are made under a disability leave 1,073
program sponsored by the employer and for which the employer is 1,074
required by section 145.296 of the Revised Code to make periodic 1,075
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 1,077
of this section.
(2) "Earnable salary" does not include any of the 1,079
following:
(a) Fees and commissions, other than those paid under 1,081
section 507.09 of the Revised Code, paid as sole compensation for 1,082
personal services and fees and commissions for special services 1,083
over and above services for which the contributor receives a 1,084
salary;
(b) Amounts paid by the employer to provide life 1,086
insurance, sickness, accident, endowment, health, medical, 1,087
hospital, dental, or surgical coverage, or other insurance for 1,088
the contributor or the contributor's family, or amounts paid by 1,089
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 1,091
parking, or services furnished by the employer, or use of the 1,092
employer's property or equipment, or amounts paid by the employer 1,093
to the contributor in lieu of providing the incidental benefits; 1,094
(d) Reimbursement for job-related expenses authorized by 1,096
the employer, including moving and travel expenses and expenses 1,097
related to professional development; 1,098
(e) Payments for accrued, but unused sick leave, personal 1,100
leave, or vacation that are made at any time other than in the 1,102
year in which the sick leave, personal leave, or vacation was 1,103
accrued;
(f) Payments made to or on behalf of a contributor that 1,105
29
are in excess of the annual compensation that may be taken into 1,106
account by the retirement system under division (a)(17) of 1,107
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 1,108
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 1,110
5923.05 of the Revised Code or Section 4 of Substitute Senate 1,111
Bill No. 3 of the 119th general assembly; 1,112
(h) Anything of value received by the contributor that is 1,114
based on or attributable to retirement or an agreement to retire, 1,115
except that payments made on or before January 1, 1989, that are 1,116
based on or attributable to an agreement to retire shall be 1,117
included in earnable salary if both of the following apply: 1,118
(i) The payments are made in accordance with contract 1,120
provisions that were in effect prior to January 1, 1986; 1,121
(ii) The employer pays the retirement system an amount 1,123
specified by the retirement board equal to the additional 1,124
liability resulting from the payments. 1,125
(3) The retirement board shall determine by rule whether 1,127
any compensation not enumerated in this division (R) OF THIS 1,128
SECTION is earnable salary, and its decision shall be final. 1,130
(S) "Pension reserve" means the present value, computed 1,132
upon the basis of the mortality and other tables adopted by the 1,133
board, of all payments to be made on account of any retirement 1,134
allowance or benefit in lieu of any retirement allowance, granted 1,135
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 1,137
to a member of the system since January 1, 1935, for which 1,138
contributions are made as required by sections 145.47, 145.48, 1,139
and 145.483 of the Revised Code. In any year subsequent to 1934, 1,140
credit for any service shall be allowed by the following formula: 1,141
(a) For each month for which the member's earnable salary 1,143
is two hundred fifty dollars or more, allow one month's credit. 1,144
(b) For each month for which the member's earnable salary 1,146
is less than two hundred fifty dollars, allow a fraction of a 1,147
30
month's credit. The numerator of this fraction shall be the 1,148
earnable salary during the month, and the denominator shall be 1,149
two hundred fifty dollars, except that if the member's annual 1,150
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 1,151
calendar year of employment during which the member worked each 1,152
month. This division DIVISION (T)(1)(b) OF THIS SECTION shall 1,153
not reduce any credit earned before January 1, 1985. 1,154
(2) Notwithstanding division (T)(1) of this section, an 1,156
elected official who prior to January 1, 1980, was granted a full 1,157
year of credit for each year of service as an elected official 1,158
shall be considered to have earned a full year of credit for each 1,159
year of service regardless of whether the service was full-time 1,160
or part-time. The public employees retirement board has no
authority to reduce the credit. 1,161
(U) "State retirement board" means the public employees 1,163
retirement board, the school employees retirement board, or the 1,164
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 1,166
receiving a monthly allowance as provided in sections 145.32, 1,167
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 1,168
(W) "Employer contribution" means the amount paid by an 1,170
employer as determined by the employer rate including the normal 1,171
and deficiency contribution rates. 1,172
(X) "Public service terminates" means the last day for 1,174
which a public employee is compensated for services performed for 1,175
an employer or the date of the employee's death, whichever occurs 1,176
first.
(Y) When a member has been elected or appointed to an 1,178
office, the term of which is two or more years, for which an 1,179
annual salary is established, and in the event that the salary of 1,180
the office is increased and the member is denied the additional 1,181
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 1,182
31
to have the amount of the member's contributions calculated upon 1,183
the basis of the increased salary for the office. At the 1,184
member's request, the board shall compute the total additional 1,185
amount the member would have contributed, or the amount by which 1,186
each of the member's contributions would have increased, had the 1,187
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 1,188
member's contribution would have increased withheld from the 1,189
member's salary, the member shall notify the employer, and the 1,190
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 1,191
amount withheld may elect at any time to make a payment to the 1,192
retirement system equal to the additional amount the member's 1,193
contribution would have increased, plus interest on that 1,194
contribution, compounded annually at a rate established by the 1,195
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 1,196
payment. A member may make a payment for part of the period for 1,197
which the increased contribution was not withheld, in which case 1,198
the interest shall be computed from the date the last 1,199
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 1,200
contributions as provided in this division, the increased annual 1,201
salary as provided by law for the office for the period for which 1,202
the member paid increased contributions thereon shall be used in 1,203
determining the member's earnable salary for the purpose of 1,204
computing the member's "final average salary."
(Z) "Five years of service credit," for the exclusive 1,206
purpose of satisfying the service credit requirements and of 1,207
determining eligibility for benefits under section 145.33 of the 1,208
Revised Code, means employment covered under this chapter or 1,209
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter, or under a 1,210
combination of the coverage. 1,212
32
(AA) "Deputy sheriff" means any person who is commissioned 1,214
and employed as a full-time peace officer by the sheriff of any 1,215
county, and has been so employed since on or before December 31, 1,216
1965, and whose primary duties are to preserve the peace, to 1,217
protect life and property, and to enforce the laws of this state; 1,218
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 1,219
and who has received a certificate attesting to the person's 1,220
satisfactory completion of the peace officer training school as 1,221
required by section 109.77 of the Revised Code and whose primary 1,222
duties are to preserve the peace, protect life and property, and 1,223
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 1,224
the Revised Code as a criminal bailiff or court constable who has 1,225
received a certificate attesting to the person's satisfactory 1,226
completion of the peace officer training school as required by 1,227
section 109.77 of the Revised Code and whose primary duties are 1,228
to preserve the peace, protect life and property, and enforce the 1,229
laws of this state.
(BB) "Township constable or police officer in a township 1,231
police department or district" means any person who is 1,232
commissioned and employed as a full-time peace officer pursuant 1,233
to Chapter 505. or 509. of the Revised Code, who has received a 1,234
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 1,235
of the Revised Code, and whose primary duties are to preserve the 1,236
peace, protect life and property, and enforce the laws of this 1,237
state.
(CC) "Drug agent" means any person who is either of the 1,239
following:
(1) Employed full-time as a narcotics agent by a county 1,241
narcotics agency created pursuant to section 307.15 of the 1,242
Revised Code and has received a certificate attesting to the 1,243
satisfactory completion of the peace officer training school as 1,244
33
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 1,246
defined in section 109.79 of the Revised Code and is in 1,247
compliance with section 109.77 of the Revised Code. 1,248
(DD) "Liquor control investigator" means a full-time 1,250
employee of the department of public safety who is engaged in the 1,251
enforcement of Chapters 4301. and 4303. of the Revised Code and 1,252
is in compliance with section 109.77 of the Revised Code. 1,253
(EE) "NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER" 1,255
MEANS A FULL-TIME EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES 1,256
WHO IS DESIGNATED A NATURAL RESOURCES LAW ENFORCEMENT STAFF 1,257
OFFICER UNDER SECTION 1501.013 OF THE REVISED CODE AND IS IN 1,259
COMPLIANCE WITH SECTION 109.77 OF THE REVISED CODE.
(FF) "Park officer" means a full-time employee of the 1,261
department of natural resources who is designated a park officer 1,263
under section 1541.10 of the Revised Code and is in compliance 1,264
with section 109.77 of the Revised Code.
(FF)(GG) "Forest officer" means a full-time employee of 1,266
the department of natural resources who is designated a forest 1,268
officer under section 1503.29 of the Revised Code and is in 1,269
compliance with section 109.77 of the Revised Code.
(GG)(HH) "PRESERVE OFFICER" MEANS A FULL-TIME EMPLOYEE OF 1,272
THE DEPARTMENT OF NATURAL RESOURCES WHO IS DESIGNATED A PRESERVE 1,273
OFFICER UNDER SECTION 1517.10 OF THE REVISED CODE AND IS IN 1,275
COMPLIANCE WITH SECTION 109.77 OF THE REVISED CODE. 1,277
(II) "Wildlife officer" means a full-time employee of the 1,279
department of natural resources who is designated a wildlife 1,281
officer under section 1531.13 of the Revised Code and is in 1,282
compliance with section 109.77 of the Revised Code. 1,283
(HH)(JJ) "State watercraft officer" means a full-time 1,285
employee of the department of natural resources who is designated 1,287
a state watercraft officer under section 1547.521 of the Revised 1,288
Code and is in compliance with section 109.77 of the Revised 1,289
Code.
34
(II)(KK) "Park district police officer" means a full-time 1,291
employee of a park district who is designated pursuant to section 1,293
511.232 or 1545.13 of the Revised Code and is in compliance with 1,294
section 109.77 of the Revised Code.
(JJ)(LL) "Conservancy district officer" means a full-time 1,296
employee of a conservancy district who is designated pursuant to 1,298
section 6101.75 of the Revised Code and is in compliance with 1,299
section 109.77 of the Revised Code.
(KK)(MM) "Municipal police officer" means a member of the 1,301
organized police department of a municipal corporation who is 1,303
employed full-time, is in compliance with section 109.77 of the 1,304
Revised Code, and is not a member of the police and firemen's 1,305
disability and pension fund.
(LL)(NN) "Ohio veterans' home police officer" means any 1,307
person who is employed at the Ohio veterans' home as a police 1,309
officer pursuant to section 5907.02 of the Revised Code and is in 1,310
compliance with section 109.77 of the Revised Code.
(MM)(OO) "Special police officer for a mental health 1,312
institution" means any person who is designated as such pursuant 1,314
to section 5119.14 of the Revised Code and is in compliance with 1,315
section 109.77 of the Revised Code.
(NN)(PP) "Special police officer for an institution for 1,317
the mentally retarded and developmentally disabled" means any 1,319
person who is designated as such pursuant to section 5123.13 of 1,320
the Revised Code and is in compliance with section 109.77 of the 1,321
Revised Code.
(OO)(QQ) "State university law enforcement officer" means 1,323
any person who is employed full-time as a state university law 1,325
enforcement officer pursuant to section 3345.04 of the Revised 1,326
Code and who is in compliance with section 109.77 of the Revised 1,327
Code.
(PP)(RR) "Hamilton county municipal court bailiff" means a 1,329
person appointed by the clerk of courts of the Hamilton county 1,331
municipal court under division (A)(3) of section 1901.32 of the 1,332
35
Revised Code who is employed full-time as a bailiff or deputy 1,333
bailiff, who has received a certificate attesting to the person's 1,334
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 1,335
and whose primary duties are to preserve the peace, to protect 1,336
life and property, and to enforce the laws of this state. 1,337
(QQ)(SS) Notwithstanding section 2901.01 of the Revised 1,339
Code, "law enforcement officer" means a sheriff, deputy sheriff, 1,341
township constable or police officer in a township police 1,342
department or district, drug agent, liquor control investigator, 1,343
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER, park officer, 1,344
forest officer, PRESERVE OFFICER, wildlife officer, state 1,345
watercraft officer, park district police officer, conservancy 1,346
district officer, Ohio veterans' home police officer, special 1,347
police officer for a mental health institution, special police 1,348
officer for an institution for the mentally retarded and 1,349
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 1,350
police officer.
(RR)(TT) "Fiduciary" means a person who does any of the 1,352
following: 1,353
(1) Exercises any discretionary authority or control with 1,355
respect to the management of the system or with respect to the 1,356
management or disposition of its assets; 1,357
(2) Renders investment advice for a fee, direct or 1,359
indirect, with respect to money or property of the system; 1,360
(3) Has any discretionary authority or responsibility in 1,362
the administration of the system. 1,363
(SS)(UU) "Actuary" means an individual who satisfies all 1,365
of the following requirements: 1,367
(1) Is a member of the American academy of actuaries; 1,369
(2) Is an associate or fellow of the society of actuaries; 1,371
(3) Has a minimum of five years' experience in providing 1,373
actuarial services to public retirement plans. 1,374
36
Sec. 145.33. (A) Except as provided in division (B) of 1,384
this section, a member with at least five years of total service 1,385
credit who has attained age sixty, or who has thirty years of 1,387
total Ohio service credit, may apply for age and service
retirement, which shall consist of: 1,388
(1) An annuity having a reserve equal to the amount of the 1,390
member's accumulated contributions at that time; 1,391
(2) A pension equal to the annuity provided by division 1,393
(A)(1) of this section; 1,394
(3) An additional pension, if the member can qualify for 1,396
prior service, equal to forty dollars multiplied by the number of 1,397
years, and fraction thereof, of such prior and military service 1,398
credit; 1,399
(4) A basic annual pension equal to one hundred eighty 1,401
dollars if the member has ten or more years of total service 1,402
credit as of October 1, 1956, except that the basic annual 1,403
pension shall not exceed the sum of the annual benefits provided 1,404
by divisions (A)(1), (2), and (3) of this section. The cost of 1,405
the basic annual pension shall be included in the deficiency 1,406
contribution provided by sections 145.48 and 145.50 of the 1,407
Revised Code. 1,408
(5) When a member retires on age and service retirement, 1,410
the member's total annual single lifetime allowance, including 1,412
the allowances provided in divisions (A)(1), (2), (3), and (4) of 1,413
this section, shall be not less than a base amount adjusted in 1,414
accordance with this division (A)(5) OF THIS SECTION and 1,416
determined by multiplying the member's total service credit by 1,417
the greater of the following:
(a) Eighty-six dollars; 1,419
(b) Two and one-tenth per cent of the member's final 1,421
average salary for each of the first thirty years of service plus 1,423
two and one-half per cent of the member's final average salary 1,424
for each subsequent year of service. 1,425
The allowance shall be adjusted by the factors of attained 1,427
37
age or years of service to provide the greater amount as 1,428
determined by the following schedule: 1,429
Years of Percentage 1,431
Attained or Total Service of 1,432
Birthday Credit Base Amount 1,433
58 25 75 1,435
59 26 80 1,436
60 27 85 1,437
61 88 1,438
28 90 1,439
62 91 1,440
63 94 1,441
29 95 1,442
64 97 1,443
65 30 or more 100 1,444
Members shall vest the right to a benefit in accordance 1,447
with the following schedule, based on the member's attained age 1,448
by September 1, 1976: 1,449
Percentage 1,451
Attained of 1,452
Birthday Base Amount 1,453
66 102 1,454
67 104 1,455
68 106 1,456
69 108 1,457
70 or more 110 1,458
(6) The total annual single lifetime allowance that a 1,461
member shall receive under division (A)(5) of this section shall 1,462
not exceed the lesser of one hundred per cent of the member's 1,464
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. 1,465
415, as amended. 1,466
(B)(1) A member who has at least twenty-five years of 1,468
total service credit, including credit for military service under 1,469
38
division (C)(2) of this section, while serving as a law 1,471
enforcement officer and who has attained age fifty-two may apply 1,472
for an age and service retirement benefit, which shall consist of 1,474
an annual single lifetime allowance equal to the sum of two and 1,475
one-half per cent of the member's final average salary multiplied 1,476
by the first twenty years of the member's total service plus two 1,477
and one-tenth per cent of the member's final average salary 1,478
multiplied by the number of years of the member's total service 1,479
credit in excess of twenty years, except that no allowance shall 1,480
exceed the lesser of ninety per cent of the member's final 1,481
average salary or the limit established by section 415 of the 1,482
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 1,483
as amended.
(2) A member who has at least fifteen years of total 1,485
service credit, including credit for military service under 1,486
division (C)(2) of this section, while serving as a law 1,488
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 1,489
consist of an annual single lifetime allowance computed as 1,490
provided in division (B)(1) of this section. The benefit shall 1,491
not exceed the limit established by section 415 of the "Internal 1,492
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,493
amended. 1,494
(3) A member with at least fifteen years of total service 1,496
credit, including credit for military service under division 1,497
(C)(2) of this section, while serving as a law enforcement 1,498
officer who voluntarily resigns or is discharged for any reason 1,500
except death, dishonesty, cowardice, intemperate habits, or 1,501
conviction of a felony, may apply for an age and service 1,502
retirement benefit, which shall consist of an annual single 1,503
lifetime allowance equal to one and one-half per cent of the 1,504
member's final average salary multiplied by the number of years 1,505
of the member's total service credit. The benefit shall not 1,506
exceed the limit established by section 415 of the "Internal 1,507
39
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,508
amended. The allowance shall commence on the first day of the 1,509
calendar month following the month in which the application is 1,510
filed with the public employees retirement board on or after the 1,511
attainment by the applicant of age fifty-two. 1,512
(4) A member who has at least twenty-five years of total 1,514
service credit, including credit for military service under 1,515
division (C)(2) of this section, while serving as a law 1,516
enforcement officer who voluntarily resigns or is discharged for 1,517
any reason except death, dishonesty, cowardice, intemperate 1,519
habits, or conviction of a felony, on or after the date of 1,520
attaining forty-eight years of age, but before the date of 1,521
attaining fifty-two years of age, may elect to receive a reduced 1,522
benefit as determined by the following schedule: 1,523
Attained Age Reduced Benefit 1,525
48 75% of the benefit payable under 1,527
division (B)(1) of this section 1,528
49 80% of the benefit payable under 1,529
division (B)(1) of this section 1,530
50 86% of the benefit payable under 1,531
division (B)(1) of this section 1,532
51 93% of the benefit payable under 1,533
division (B)(1) of this section 1,534
A member who has at least twenty-five years of law 1,537
enforcement service credit, upon attaining forty-eight, 1,538
forty-nine, fifty, or fifty-one years of age, may elect to retire 1,539
and receive a reduced benefit determined by the above schedule. 1,540
If a member elects to receive a reduced benefit on or after 1,542
the date of attaining forty-eight years of age, but before the 1,544
date of attaining forty-nine years of age, the reduced benefit is 1,545
payable from the date the member attained forty-eight years of 1,546
age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to 1,547
receive a reduced benefit on or after the date of attaining 1,548
40
forty-nine years of age, but before the date of attaining fifty 1,550
years of age, the reduced benefit is payable from the date the 1,551
member attained forty-nine years of age or from the date the 1,552
member becomes eligible to receive the reduced benefit, whichever 1,553
is later. If a member elects to receive a reduced benefit on or 1,554
after the date of attaining fifty years of age, but before the 1,555
date of attaining fifty-one years of age, the reduced benefit is 1,556
payable from the date the member attained fifty years of age or 1,557
from the date the member becomes eligible to receive the reduced 1,558
benefit, whichever is later. If a member elects to receive a 1,559
reduced benefit on or after the date of attaining fifty-one years 1,560
of age, but before the date of attaining fifty-two years of age, 1,562
the reduced benefit is payable from the date the member attained 1,563
fifty-one years of age or from the date the member becomes 1,564
eligible to receive the reduced benefit, whichever is later. 1,565
Once a member elects to receive a reduced benefit 1,567
determined by the above schedule and has received a payment, the 1,568
member may not reelect to change that election. 1,569
If a member who has resigned or been discharged has left on 1,571
deposit the member's accumulated contributions in the employees' 1,572
savings fund and has not elected to receive a reduced benefit 1,573
determined by the above schedule, upon attaining fifty-two years 1,575
of age, the member shall be entitled to receive a benefit 1,576
computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement 1,578
officer and other service credit under this chapter may elect one 1,580
of the following: 1,581
(a) To have all the member's service credit under this 1,583
chapter, including credit for service as a law enforcement 1,585
officer, used in calculating a retirement allowance under 1,586
division (A) of this section if the member qualifies for an 1,587
allowance under that division; 1,588
(b) If the member qualifies for an allowance under 1,590
division (B) of this section, to have the member's service credit 1,591
41
as a law enforcement officer used in calculating a benefit under 1,592
that division and the member's credit for all service other than 1,593
law enforcement service under this chapter used in calculating a 1,594
benefit consisting of a single life annuity having a reserve 1,595
equal to the amount of the member's accumulated contributions and 1,596
an equal amount of the employer's contributions. 1,597
(2) Notwithstanding sections 145.01 and 145.30 of the 1,599
Revised Code, no more than four years of military service credit 1,600
granted under section 145.30 of the Revised Code and five years 1,601
of military service credit purchased under section 145.301 or 1,602
145.302 of the Revised Code shall be used in calculating service 1,603
as a law enforcement officer or the total service credit of that 1,604
person.
(3) Only credit for the member's service as a law 1,606
enforcement officer or service credit obtained as a police 1,607
officer or state highway patrol trooper shall be used in 1,608
computing the benefits under division (B) of this section for the 1,609
following:
(a) Any person who originally is commissioned and employed 1,611
as a deputy sheriff by the sheriff of any county, or who 1,612
originally is elected sheriff, on or after January 1, 1975; 1,613
(b) Any deputy sheriff who originally is employed on or 1,615
after April 16, 1993, as a criminal bailiff or court constable ON 1,617
OR AFTER APRIL 16, 1993;
(c) Any person who originally is appointed as a township 1,619
constable or police officer in a township police department or 1,620
district on or after January 1, 1981; 1,621
(d) Any person who originally is employed as a county 1,623
narcotics agent on or after September 26, 1984; 1,624
(e) Any person who originally is employed as an undercover 1,626
drug agent as defined in section 109.79 of the Revised Code, 1,627
liquor control investigator, park officer, forest officer, 1,628
wildlife officer, state watercraft officer, park district police 1,629
officer, conservancy district officer, Ohio veterans' home police 1,631
42
officer, special police officer for a mental health institution,
special police officer for an institution for the mentally 1,633
retarded and developmentally disabled, or municipal police 1,634
officer on or after December 15, 1988; 1,635
(f) Any person who is originally IS employed as a state 1,637
university law enforcement officer, on or after November 6, 1996; 1,640
(g) Any person who is originally IS employed as a Hamilton 1,642
county municipal court bailiff on or after November 6, 1996; 1,644
(h) Any person who is originally employed as a state 1,646
university law enforcement officer by the university of Akron on 1,647
or after the effective date of this amendmentSEPTEMBER 16, 1998; 1,648
(i) ANY PERSON WHO ORIGINALLY IS EMPLOYED AS A PRESERVE 1,649
OFFICER ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT; 1,650
(j) ANY PERSON WHO ORIGINALLY IS EMPLOYED AS A NATURAL 1,652
RESOURCES LAW ENFORCEMENT STAFF OFFICER ON OR AFTER THE EFFECTIVE 1,653
DATE OF THIS AMENDMENT. 1,654
(D) Retirement allowances determined under this section 1,656
shall be paid as provided in section 145.46 of the Revised Code. 1,657
Sec. 149.01. Each elective state officer, the adjutant 1,666
general, the adult parole authority, the department of 1,667
agriculture, the director of administrative services, the public 1,668
utilities commission, the superintendent of insurance, the 1,669
superintendent of financial institutions, the superintendent of 1,671
purchases and printing, the division of geological survey, the 1,672
state commissioner of soldiers' claims, the fire marshal, the 1,673
industrial commission, THE administrator of workers' 1,674
compensation, the state department of transportation, the 1,675
department of health, the state medical board, the state dental 1,676
board, the board of embalmers and funeral directors, the 1,677
department of human services, the Ohio commission for the blind, 1,678
the accountancy board of Ohio, the state council of uniform state 1,679
laws, the board of commissioners of the sinking fund, the 1,681
department of taxation, the board of tax appeals, the clerk of 1,682
the supreme court, the division of liquor control, the director 1,683
43
of state armories, the trustees of the Ohio state university, and 1,684
every private or quasi-public institution, association, board, or 1,685
corporation receiving state money for its use and purpose, shall 1,686
make annually, at the end of each fiscal year, in quadruplicate, 1,687
a report of the transactions and proceedings of that office or 1,689
department for such THAT fiscal year, excepting receipts and
disbursements unless otherwise specifically required by law. 1,690
Such THE report shall contain a summary of the official acts of 1,692
such THE officer, board, council, commission, institution, 1,693
association, or corporation, and such ANY suggestions and 1,695
recommendations as THAT are proper. On the first day of August 1,697
of each year, one of such THE reports shall be filed with the 1,699
governor, one with the secretary of state, and one with the state 1,700
library, and one shall be kept on file in the office of such THE 1,701
officer, board, council, commission, institution, association, or 1,703
corporation.
Sec. 505.82. (A) If a board of township trustees by a 1,712
unanimous vote, or, in the event of the unavoidable absence of 1,713
one trustee, by an affirmative vote of two trustees adopts a 1,714
resolution declaring that an emergency exists which THAT 1,715
threatens life or property within the unincorporated territory of 1,717
the township or that such an emergency is imminent, the board may 1,718
exercise the following powers during the emergency in the 1,720
one-month period following the adoption of the resolution:
(A) Notwithstanding section 1517.16 of the Revised Code, 1,722
if (1) IF an owner of an undedicated road or stream bank in the 1,724
unincorporated territory of the township has not provided for the 1,725
removal of snow, ice, debris, or other obstructions from the road 1,727
or bank, provide for such THAT removal. Prior to providing for 1,730
such THE removal, the board of township trustees shall give, or 1,731
make good faith attempt to give, oral notice to the owner of the 1,732
road or bank of the trustees' intent to clear the road or bank 1,733
and impose a service charge for doing so. The board shall 1,734
establish just and equitable service charges for such THE removal 1,735
44
to be paid by the owners of the road or bank. The trustees shall 1,736
keep a record of the costs incurred by the township in removing 1,737
snow, ice, debris, or other obstructions from the road or bank. 1,738
The service charges shall be based on these costs and shall be in 1,739
an amount sufficient to recover these costs. If there is more 1,740
than one owner of the road or bank, the board shall allocate the 1,741
service charges among the owners on an equitable basis. The 1,742
board shall notify, in writing, each owner of the road or bank of 1,743
the amount of the service charge and shall certify the charges to 1,745
the county auditor. The charges shall constitute a lien upon the 1,746
property. The auditor shall place the charges on a special 1,747
duplicate to be collected as other taxes and returned to the 1,748
township general fund.
(B)(2) Contract for the immediate acquisition, 1,751
replacement, or repair of equipment needed for the emergency 1,752
situation, without following the competitive bidding requirements 1,753
of section 5549.21 or any other section of the Revised Code. 1,754
(C)(B) The removal of snow, ice, debris, or other 1,756
obstructions from an undedicated road by a board of township 1,758
trustees acting pursuant to a resolution adopted under division 1,759
(A) of this section does not constitute approval or acceptance of 1,760
the undedicated road.
(D)(C) As used in this section, "undedicated road" means a 1,762
road that has not been approved and accepted by the board of 1,764
county commissioners and is not a part of the state, county, or 1,766
township road systems as provided in section 5535.01 of the 1,767
Revised Code.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO WAIVE 1,769
THE REQUIREMENT UNDER SECTION 1517.16 OF THE REVISED CODE THAT 1,770
APPROVAL OF PLANS BE OBTAINED FROM THE DIRECTOR OF NATURAL 1,771
RESOURCES OR THE DIRECTOR'S REPRESENTATIVE PRIOR TO MODIFYING OR 1,772
CAUSING THE MODIFICATION OF THE CHANNEL OF ANY WATERCOURSE IN A
WILD, SCENIC, OR RECREATIONAL RIVER AREA OUTSIDE THE LIMITS OF A 1,773
MUNICIPAL CORPORATION. 1,774
45
Sec. 918.12. (A) An establishment, as defined in section 1,783
918.01 of the Revised Code, that slaughters or otherwise prepares 1,784
meat of bison, cervidea, other bovidea, camelidae and hybrids 1,785
thereof, ratites, domestic rabbits, DOMESTIC DEER, AS DEFINED IN 1,786
SECTION 1531.01 OF THE REVISED CODE, or other animals determined 1,787
by the director of agriculture by rule, for human food purposes 1,789
may receive voluntary state inspection, as defined in division 1,790
(B) of section 918.01 of the Revised Code, if the establishment
complies with sections 918.01 to 918.11 of the Revised Code and 1,792
the rules adopted under those sections for establishments that 1,793
slaughter or otherwise prepare for food purposes other animals 1,794
and if the establishment complies with division (C) of this 1,795
section.
(B) The owner of an establishment, as defined in section 1,797
918.21 of the Revised Code, who slaughters or otherwise prepares 1,798
the meat of, pheasant, quail, partridge, peafowl, grouse, captive 1,800
raised wild turkey, captive raised waterfowl, or other poultry 1,801
determined by the director by rule may receive voluntary state 1,802
inspection as defined in division (I) of section 918.21 of the
Revised Code and the rules adopted under those sections for 1,803
establishments that slaughter or otherwise prepare for food 1,804
purposes other poultry and if the establishment complies with 1,805
division (C) of this section and sections 918.21 to 918.28 of the 1,806
Revised Code.
(C) The AN establishment pays THAT RECEIVES VOLUNTARY 1,808
STATE INSPECTION UNDER DIVISION (A) OR (B) OF THIS SECTION SHALL 1,810
PAY the costs of the inspection at a rate and under terms 1,811
established by rule of the director of agriculture in accordance
with section 918.04 of the Revised Code. 1,812
Sec. 971.01. As used in this chapter, "owner" means BOTH 1,821
OF the FOLLOWING: 1,822
(A) THE owner of land in fee simple, of estates for life, 1,825
or of rights-of-way, while used by the owners thereof as farm 1,827
outlets, but proceedings;
46
(B) THE DEPARTMENT OF NATURAL RESOURCES WITH REGARD TO ANY 1,829
LAND THAT IT OWNS, LEASES, MANAGES, OR OTHERWISE CONTROLS AND 1,830
THAT IS ADJACENT TO LAND USED TO GRAZE LIVESTOCK. 1,831
PROCEEDINGS under this chapter do not bind the owner unless 1,834
he THE OWNER is notified as provided in section 971.13 of the 1,835
Revised Code.
Sec. 1501.013. (A) SUBJECT TO DIVISION (B) OF THIS 1,838
SECTION, THE DIRECTOR OF NATURAL RESOURCES MAY DESIGNATE AN 1,839
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES AS A NATURAL 1,840
RESOURCES LAW ENFORCEMENT STAFF OFFICER. SUCH AN OFFICER MAY DO 1,841
ANY OR ALL OF THE FOLLOWING: 1,842
(1) COORDINATE THE LAW ENFORCEMENT ACTIVITIES, TRAINING, 1,844
AND POLICIES OF THE DEPARTMENT; 1,845
(2) SERVE AS THE DEPARTMENT'S LIAISON WITH OTHER LAW 1,847
ENFORCEMENT AGENCIES AND JURISDICTIONS AND AS THE DIRECTOR'S 1,848
REPRESENTATIVE REGARDING LAW ENFORCEMENT ACTIVITIES; 1,849
(3) CONDUCT INTERNAL INVESTIGATIONS OF EMPLOYEES OF THE 1,851
DEPARTMENT AS NECESSARY; 1,852
(4) PERFORM OTHER FUNCTIONS RELATED TO THE DEPARTMENT'S 1,854
LAW ENFORCEMENT ACTIVITIES, TRAINING, AND POLICIES THAT THE 1,855
DIRECTOR ASSIGNS TO THE OFFICER. 1,856
A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER, ON ANY 1,858
LANDS OR WATERS OWNED, CONTROLLED, MAINTAINED, OR ADMINISTERED BY 1,860
THE DEPARTMENT, HAS THE AUTHORITY SPECIFIED UNDER SECTION 2935.03 1,861
OF THE REVISED CODE FOR PEACE OFFICERS OF THE DEPARTMENT OF 1,863
NATURAL RESOURCES TO KEEP THE PEACE, TO ENFORCE ALL LAWS AND 1,864
RULES GOVERNING THOSE LANDS AND WATERS, AND TO MAKE ARRESTS FOR 1,865
VIOLATION OF THOSE LAWS AND RULES.
THE GOVERNOR, UPON THE RECOMMENDATION OF THE DIRECTOR, 1,867
SHALL ISSUE TO A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER 1,868
A COMMISSION INDICATING AUTHORITY TO MAKE ARRESTS AS PROVIDED IN 1,869
DIVISION (A) OF THIS SECTION. 1,871
THE DIRECTOR SHALL FURNISH A SUITABLE BADGE TO A 1,873
COMMISSIONED NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER AS 1,874
47
EVIDENCE OF THAT OFFICER'S AUTHORITY. 1,875
(B)(1) AS USED IN DIVISION (B) OF THIS SECTION, "FELONY" 1,878
HAS THE SAME MEANING AS IN SECTION 109.511 OF THE REVISED CODE. 1,881
(2) THE DIRECTOR SHALL NOT DESIGNATE A PERSON AS A NATURAL 1,884
RESOURCES LAW ENFORCEMENT STAFF OFFICER UNDER DIVISION (A) OF 1,885
THIS SECTION ON A PERMANENT BASIS, ON A TEMPORARY BASIS, FOR A 1,886
PROBATIONARY TERM, OR ON OTHER THAN A PERMANENT BASIS IF THE 1,887
PERSON PREVIOUSLY HAS BEEN CONVICTED OF OR HAS PLEADED GUILTY TO 1,888
A FELONY.
(3) THE DIRECTOR SHALL TERMINATE THE EMPLOYMENT AS A 1,890
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER OF A PERSON 1,891
DESIGNATED AS SUCH AN OFFICER IF THAT PERSON DOES EITHER OF THE 1,892
FOLLOWING: 1,893
(a) PLEADS GUILTY TO A FELONY; 1,895
(b) PLEADS GUILTY TO A MISDEMEANOR PURSUANT TO A 1,897
NEGOTIATED PLEA AGREEMENT AS PROVIDED IN DIVISION (D) OF SECTION 1,899
2929.29 OF THE REVISED CODE IN WHICH THE NATURAL RESOURCES LAW 1,902
ENFORCEMENT STAFF OFFICER AGREES TO SURRENDER THE CERTIFICATE 1,903
AWARDED TO THAT OFFICER UNDER SECTION 109.77 OF THE REVISED CODE. 1,905
(4) THE DIRECTOR SHALL SUSPEND FROM EMPLOYMENT AS A 1,907
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER A PERSON 1,908
DESIGNATED AS SUCH AN OFFICER IF THAT PERSON IS CONVICTED, AFTER 1,909
TRIAL, OF A FELONY. IF THE NATURAL RESOURCES LAW ENFORCEMENT 1,910
STAFF OFFICER FILES AN APPEAL FROM THAT CONVICTION AND THE 1,911
CONVICTION IS UPHELD BY THE HIGHEST COURT TO WHICH THE APPEAL IS 1,912
TAKEN, OR IF THE OFFICER DOES NOT FILE A TIMELY APPEAL, THE 1,913
DIRECTOR SHALL TERMINATE THE EMPLOYMENT OF THE NATURAL RESOURCES 1,914
LAW ENFORCEMENT STAFF OFFICER. IF THE NATURAL RESOURCES LAW 1,915
ENFORCEMENT STAFF OFFICER FILES AN APPEAL THAT RESULTS IN THE 1,916
OFFICER'S ACQUITTAL OF THE FELONY OR CONVICTION OF A MISDEMEANOR, 1,918
OR IN THE DISMISSAL OF THE FELONY CHARGE AGAINST THE OFFICER, THE 1,919
DIRECTOR SHALL REINSTATE THE NATURAL RESOURCES LAW ENFORCEMENT 1,920
STAFF OFFICER. A NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER 1,921
WHO IS REINSTATED UNDER DIVISION (B)(4) OF THIS SECTION SHALL NOT 1,923
48
RECEIVE ANY BACK PAY UNLESS THE OFFICER'S CONVICTION OF THE
FELONY WAS REVERSED ON APPEAL, OR THE FELONY CHARGE WAS 1,924
DISMISSED, BECAUSE THE COURT FOUND INSUFFICIENT EVIDENCE TO 1,925
CONVICT THE OFFICER OF THE FELONY. 1,926
(5) DIVISION (B) OF THIS SECTION DOES NOT APPLY REGARDING 1,929
AN OFFENSE THAT WAS COMMITTED PRIOR TO JANUARY 1, 1999. 1,930
(6) THE SUSPENSION FROM EMPLOYMENT, OR THE TERMINATION OF 1,932
THE EMPLOYMENT, OF A NATURAL RESOURCES LAW ENFORCEMENT STAFF 1,933
OFFICER UNDER DIVISION (B)(3) OR (4) OF THIS SECTION SHALL BE IN 1,935
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,938
Sec. 1501.02. The director of natural resources may enter 1,947
into cooperative or contractual arrangements with the United 1,948
States or any agency or department thereof, other states, other 1,949
departments and subdivisions of this state, or any other person 1,950
or body politic for the accomplishment of the purposes for which 1,951
the department of natural resources was created. The director 1,952
shall cooperate with, and not infringe upon the rights of, other 1,953
state departments, divisions, boards, commissions, and agencies, 1,954
political subdivisions, and other public officials and public and 1,955
private agencies in the conduct of conservation plans and other 1,956
matters in which the interests of the department of natural 1,957
resources and the other departments and agencies overlap. 1,958
The director, by mutual agreement, may utilize the 1,960
facilities and staffs of state-supported educational institutions 1,961
in order to promote the conservation and development of the 1,962
natural resources of the state. 1,963
All funds made available by the United States for the 1,965
exclusive use of any division shall be expended only by that 1,967
division and only for the purposes for which the funds were 1,968
appropriated. In accepting any such funds for the acquisition of 1,969
lands or interests therein IN THEM to be used for open-space 1,970
purposes including park, recreational, historical, or scenic 1,972
purposes, or for conservation of land or other natural resources, 1,973
the director may agree on behalf of the state that lands or 1,974
49
interests therein IN THEM acquired in part with those funds shall 1,976
not be converted to other uses except pursuant to further 1,978
agreement between the director and the United States. 1,979
THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 1,981
119. OF THE REVISED CODE ESTABLISHING GUIDELINES FOR ENTERING 1,982
INTO AND MAY ENTER INTO A COOPERATIVE OR CONTRACTUAL ARRANGEMENT 1,983
WITH ANY INDIVIDUAL, AGENCY, ORGANIZATION, OR BUSINESS ENTITY TO 1,984
ASSIST THE DEPARTMENT IN FUNDING A PROGRAM OR PROJECT OF THE 1,985
DEPARTMENT, ITS DIVISIONS, OR ITS OFFICES, THROUGH SECURING, 1,986
WITHOUT LIMITATION, DONATIONS, SPONSORSHIPS, MARKETING, 1,988
ADVERTISING, AND LICENSING ARRANGEMENTS. STATE MONEYS 1,989
APPROPRIATED TO THE DEPARTMENT SHALL CONTINUE TO BE USED AS 1,990
AUTHORIZED AND SHALL NOT BE REDIRECTED TO ANY OTHER PURPOSE AS A 1,991
RESULT OF FINANCIAL SAVINGS RESULTING FROM THE DEPARTMENT'S 1,992
ENTERING INTO THE COOPERATIVE OR CONTRACTUAL ARRANGEMENT. 1,994
The director may enter into a mutual aid compact with the 1,996
chief law enforcement officer of any federal agency, state 1,997
agency, county, township, municipal corporation, or other 1,999
political subdivision or with the superintendent of the state 2,000
highway patrol to enable forest officers, park officers, and 2,001
STATE watercraft officers and the law enforcement officers of the 2,002
respective federal or state agencies or political subdivisions or 2,004
the state highway patrol to assist each other in the provision of 2,005
police services within each other's jurisdiction. 2,006
Sec. 1501.10. Advertisement for bids for the leasing of 2,015
public service facilities in state parks shall be published in 2,016
any newspaper of general circulation in Franklin county and each 2,017
county in which the facility to be leased is situated. The 2,018
publication shall be made once each week for four consecutive 2,019
weeks prior to the date fixed for the acceptance of the bids. 2,020
The notice shall set forth the pertinent facts concerning the 2,021
facility to be leased and the periods of required operation 2,022
during the year and shall refer to the terms and conditions that 2,023
the lease shall include, which shall be on file in the office of 2,024
50
the director of natural resources and open to public inspection, 2,025
except that questionnaires and financial statements submitted 2,026
under this section shall be confidential and shall not be open to 2,027
public inspection. 2,028
Such THE public service facilities may be leased for such A 2,031
period of years as THAT may be determined by the director, 2,032
provided that the director may, at the expiration of the original 2,034
lease, without advertisement for bids, MAY grant the lessee a 2,035
renewal of the lease for an additional period not to exceed four 2,036
years. Leases executed under this section may contain any 2,037
provisions which THAT the director considers necessary, provided 2,039
that the following provisions shall be contained in the leases: 2,040
(A) The lessee shall be responsible for keeping the 2,042
facilities in good condition and repair, reasonable wear and tear 2,043
and damages caused by casualty or acts beyond the control of the 2,044
lessee excepted. 2,045
(B) The lessee shall operate the facilities for such 2,047
periods during the year as THAT the director determines ARE 2,049
necessary to satisfy the needs of the people of the state, 2,050
provided that the periods of required operation shall be set 2,051
forth in the notice for the acceptance of bids. 2,052
(C) The lessee, upon the execution of the lease, shall 2,054
furnish a surety TO ENSURE THAT THE LESSEE SHALL PERFORM FULLY 2,055
ALL TERMS OF THE LEASE. THE SURETY SHALL BE IN THE FORM OF A 2,056
PERFORMANCE bond or, an irrevocable letter of credit to the state 2,058
in an amount as, CASH, OR NEGOTIABLE CERTIFICATES OF DEPOSIT OF 2,059
ANY BANK OR SAVINGS AND LOAN ASSOCIATION ORGANIZED OR TRANSACTING 2,060
BUSINESS IN THE UNITED STATES. THE CASH, MARKET VALUE OF THE 2,063
CERTIFICATES OF DEPOSIT, OR FACE VALUE OF THE IRREVOCABLE LETTER 2,064
OF CREDIT SHALL BE EQUAL TO OR GREATER THAN THE AMOUNT OF THE 2,065
BOND prescribed by the director, to ensure that the lessee shall 2,067
fully perform all terms of IN the lease.
IMMEDIATELY UPON A DEPOSIT OF CASH OR CERTIFICATES OF 2,069
DEPOSIT, THE DIRECTOR SHALL DELIVER THEM TO THE TREASURER OF 2,070
51
STATE, WHO SHALL BE RESPONSIBLE FOR THEIR SAFEKEEPING AND HOLD 2,071
THEM IN TRUST FOR THE PURPOSES FOR WHICH THEY HAVE BEEN 2,072
DEPOSITED. A LESSEE MAKING A DEPOSIT OF CASH OR CERTIFICATES OF 2,073
DEPOSIT MAY WITHDRAW AND RECEIVE FROM THE TREASURER OF STATE, ON 2,074
THE WRITTEN ORDER OF THE DIRECTOR, ALL OR ANY PORTION OF THE CASH 2,075
OR CERTIFICATES OF DEPOSIT UPON DEPOSITING WITH THE TREASURER OF 2,076
STATE CASH OR NEGOTIABLE CERTIFICATES OF DEPOSIT ISSUED BY ANY 2,077
BANK ORGANIZED OR TRANSACTING BUSINESS IN THIS STATE EQUAL IN PAR 2,079
VALUE TO THE PAR VALUE OF THE CASH OR CERTIFICATES OF DEPOSIT 2,080
WITHDRAWN. A LESSEE MAY DEMAND AND RECEIVE FROM THE TREASURER OF 2,081
STATE ALL INTEREST OR OTHER INCOME FROM ANY SUCH CERTIFICATES AS 2,082
IT BECOMES DUE.
The director may lease any public service facilities in 2,084
state parks to the person, firm, partnership, association, or 2,085
corporation who submits the highest and best bid under the terms 2,086
set forth in this section and in accordance with the rules of the 2,087
director, taking into account the financial responsibility and 2,088
the ability of the lessee to operate the facilities. Bids shall 2,089
be sealed and opened at a date and time certain, published in 2,090
advance. 2,091
This section does not apply to a lease and contract 2,093
executed under section 1501.012 of the Revised Code. 2,094
Sec. 1502.01. As used in this chapter: 2,103
(A) "Litter" means garbage, trash, waste, rubbish, ashes, 2,105
cans, bottles, wire, paper, cartons, boxes, automobile parts, 2,106
furniture, glass, or anything else of an unsightly or unsanitary 2,107
nature thrown, dropped, discarded, placed, or deposited by a 2,108
person on public property, on private property not owned by him 2,109
THE PERSON, or in or on waters of the state unless one of the 2,111
following applies: 2,112
(1) The person has been directed to do so by a public 2,114
official as part of a litter collection drive; 2,115
(2) The person has thrown, dropped, discarded, placed, or 2,117
deposited the material in a receptacle in a manner that prevented 2,118
52
its being carried away by the elements; 2,119
(3) The person has been issued a permit or license 2,121
covering the material pursuant to Chapter 3734. or 6111. of the 2,122
Revised Code. 2,123
(B) "Recycling" means the process of collecting, sorting, 2,125
cleansing, treating, and reconstituting waste or other discarded 2,126
materials for the purpose of recovering and reusing the 2,127
materials. 2,128
(C) "Agency of the state" includes, but is not limited to, 2,130
an "agency" subject to Chapter 119. of the Revised Code and a 2,131
"state university or college" as defined in section 3345.12 of 2,132
the Revised Code. 2,133
(D) "Waste reduction" means activities that decrease the 2,135
initial production of waste materials at their point of origin. 2,136
(E) "Enterprise" means a business with its principal place 2,138
of business in this state and that proposes to engage in research 2,139
and development or recycling in this state. 2,140
(F) "Research and development" means inquiry, 2,142
experimentation, or demonstration to advance basic scientific or 2,143
technical knowledge or the application, adaptation, or use of 2,144
existing or newly discovered scientific or technical knowledge 2,145
regarding recycling, WASTE REDUCTION, OR LITTER PREVENTION. 2,146
(G) "Recyclables" means waste materials that are 2,148
collected, separated, or processed and used as raw materials or 2,149
products. 2,150
(H) "Recycling market development" means activities that 2,152
stimulate the demand for recycled products, provide for a 2,153
consistent supply of recyclables to meet the needs of recycling 2,154
industries, or both. 2,155
(I) "Solid waste management districts" means solid waste 2,157
management districts established under Chapter 343. of the 2,158
Revised Code. 2,159
Sec. 1502.03. (A) The chief of recycling and litter 2,168
prevention shall establish and implement statewide waste 2,169
53
reduction, recycling, recycling market development, and litter 2,170
prevention programs that include all of the following: 2,172
(1) The assessment of waste generation within the state 2,174
and implementation of waste reduction practices; 2,175
(2) The implementation of recycling and recycling market 2,177
development activities and projects, including all of the 2,178
following;:
(a) Collection of recyclables; 2,180
(b) Separation of recyclables; 2,182
(c) Processing of recyclables; 2,184
(d) Facilitation and encouragement of the use of 2,186
recyclables and products made with recyclables; 2,187
(e) Research and development regarding recycling 2,189
activities and materials or products manufactured with 2,191
recyclables;
(f) Education and training concerning recycling and 2,193
products manufactured with recyclables; 2,195
(g)(f) Public awareness campaigns to promote recycling; 2,197
(h)(g) Other activities and projects that promote 2,199
recycling and recycling market development. 2,201
(3) Litter prevention assistance to enforce antilitter 2,203
laws, educate the public, and stimulate collection and 2,204
containment of litter;
(4) RESEARCH AND DEVELOPMENT REGARDING WASTE REDUCTION, 2,207
RECYCLING, AND LITTER PREVENTION, INCLUDING, WITHOUT LIMITATION, 2,208
RESEARCH AND DEVELOPMENT REGARDING MATERIALS OR PRODUCTS 2,209
MANUFACTURED WITH RECYCLABLES.
(B) The chief, with the approval of the director of 2,211
natural resources, may enter into contracts or other agreements 2,212
and may execute any instruments necessary or incidental to the 2,213
discharge of his THE CHIEF'S responsibilities under this chapter. 2,215
Sec. 1502.04. There is hereby created within the division 2,225
of recycling and litter prevention the recycling and litter 2,226
prevention advisory council consisting of thirteen members. The 2,227
54
speaker of the house of representatives shall appoint one member 2,228
of the house of representatives to the council, and the president 2,229
of the senate shall appoint one member of the senate to the 2,230
council. If the president of the senate belongs to the same
political party as the speaker of the house of representatives, 2,231
the president shall appoint a member of the senate who belongs to 2,232
a different political party as recommended by the minority leader 2,233
of the senate. The speaker of the house of representatives and 2,234
the president of the senate shall make their initial appointments 2,235
to the council within sixty days after the effective date of this 2,236
amendment JULY 20, 1994. Each member appointed by the speaker of 2,237
the house of representatives or the president of the senate shall 2,238
serve for a term of office of three years. The appropriate
appointing authority may fill any vacancy occurring during the 2,239
term of any member whom he THE APPOINTING AUTHORITY has appointed 2,240
to the advisory council. 2,241
The remaining eleven members shall be appointed by the 2,243
governor with the advice and consent of the senate and shall be 2,245
persons with knowledge OF or experience in recycling or litter 2,246
prevention programs. The council shall have broad based 2,247
representation of interests including agriculture, labor, the 2,248
environment, manufacturing, wholesale and retail industry, and 2,249
the public. One of the business members shall be from the 2,250
commercial recycling industry, and another shall be from an 2,251
industry required to pay taxes under section 5733.065 of the
Revised Code. The director of natural resources shall not be a 2,252
member of the council. The governor shall make his initial 2,253
appointments to the council within thirty days after October 20, 2,254
1987. Of his THE GOVERNOR'S initial appointments to the council, 2,256
five shall be for a term of one year and six shall be for a term 2,257
of two years. Thereafter, terms of office shall be for three 2,258
years. Each member appointed by the governor shall hold office 2,259
from the date of his THE MEMBER'S appointment until the end of 2,261
the term for which he THE MEMBER was appointed. In the event of 2,262
55
death, removal, resignation, or incapacity of a member of the 2,263
council appointed by the governor, the governor, with the advice 2,264
and consent of the senate, shall appoint a successor who shall 2,265
hold office for the remainder of the term for which his THE 2,266
SUCCESSOR'S predecessor was appointed. A member shall continue 2,268
in office subsequent to the expiration date of his THE MEMBER'S 2,269
term until his THE MEMBER'S successor takes office, or until a 2,270
period of sixty days has elapsed, whichever occurs first. The 2,271
governor at any time may remove any of his THE GOVERNOR'S 2,272
appointees from the council for misfeasance, nonfeasance, or 2,273
malfeasance in office. 2,274
Members of the council may be reappointed. 2,276
The council shall hold at least four regular quarterly 2,278
meetings each year. Special meetings may be held at the behest 2,279
of the chairperson or a majority of the members. The council 2,280
annually shall select from among its members a chairperson, a 2,281
vice-chairperson, and a secretary to keep a record of its 2,282
proceedings. 2,283
A majority vote of the members of the council is necessary 2,285
to take action in any matter. 2,286
A member of the council shall serve without compensation 2,288
for attending council meetings, but shall be reimbursed for all 2,289
traveling, hotel, and other ordinary and necessary expenses 2,290
incurred in the performance of his THE MEMBER'S work as a member 2,291
of the council.
Membership on the council does not constitute holding a 2,293
public office or position of employment under the laws of this 2,294
state and does not constitute grounds for removal of public 2,295
officers or employees from their offices or positions of 2,296
employment. 2,297
The council shall do all of the following: 2,299
(A) Assist the interagency recycling market development 2,301
workgroup created in section 1502.10 of the Revised Code in 2,302
executing its duties under division (A) of that section; 2,303
56
(B) In conjunction with the chief of recycling and litter 2,305
prevention and with the approval of the director of natural 2,306
resources, establish criteria by which to certify, and certify, 2,307
agencies of the state, municipal corporations with a population 2,308
of more than fifty thousand, counties, and solid waste management 2,309
districts as eligible to receive grants under section 1502.05 of 2,310
the Revised Code;
(C) In conjunction with the chief and with the approval of 2,312
the director, establish criteria by which to certify, and 2,313
certify, political subdivisions for receipt of special grants for 2,314
novel or innovative activities or projects that are intended to 2,316
accomplish the purposes of any of the programs established under 2,317
section 1502.03 of the Revised Code;
(D) Advise the chief in carrying out his THE CHIEF'S 2,319
duties under this chapter. 2,320
Sec. 1502.05. (A) The chief of recycling and litter 2,329
prevention, pursuant to division (B) of section 1502.04 of the 2,330
Revised Code and with the approval of the director of natural 2,331
resources, may make grants from the recycling and litter 2,332
prevention fund created in section 1502.02 of the Revised Code to 2,334
accomplish the purposes of the programs established under section
1502.03 of the Revised Code. 2,335
(B) Except as provided in division (C) of this section, 2,337
the chief, with the approval of the director, may require any 2,338
eligible applicant certified by the recycling and litter 2,339
prevention advisory council under division (B) of section 1502.04 2,340
of the Revised Code that applies for a grant for an activity or
project that is intended to further the purposes of any program 2,341
established under division (A)(1) or, (2), OR (4) of section 2,343
1502.03 of the Revised Code to provide a matching contribution of 2,344
not more than fifty per cent of the grant.
(C) Notwithstanding division (B) of this section, any 2,346
grant awarded under division (A) of this section to foster 2,347
cooperative research and development regarding recycling or the 2,348
57
cooperative establishment or expansion of private recycling 2,349
facilities or programs shall be made in conjunction with a 2,350
contribution to the project by a cooperating enterprise that 2,351
maintains or proposes to maintain a relevant research and 2,352
development or recycling facility or program in this state or by 2,353
an agency of the state, provided that funding provided by a state 2,354
agency shall not be provided from general revenue funds 2,355
appropriated by the general assembly. No grant made under 2,356
division (A) of this section for the purposes described in this 2,357
division shall exceed the contribution made by the cooperating 2,358
enterprise or state agency. The chief may consider cooperating 2,359
contributions in the form of state of the art new equipment or in 2,360
other forms if the chief determines that the contribution is 2,361
essential to the successful implementation of the project. 2,362
Grants made under division (A) of this section for the 2,364
purposes described in this division shall be made in such form 2,366
and conditioned on such terms as the chief considers to be
appropriate. 2,367
(D)(1) The chief, with the approval of the director, may 2,368
require any eligible applicant certified by the recycling and 2,369
litter prevention advisory council under division (B) of section 2,370
1502.04 of the Revised Code that applies for a grant that is 2,371
intended to further the purposes of the program established under 2,372
division (A)(3) of section 1502.03 of the Revised Code, except 2,373
any eligible applicant that is or is located in a county that has 2,374
a per capita income equal to or below ninety per cent of the 2,375
median county per capita income of the state as determined by the 2,376
chief using the most recently available figures from the United 2,377
States census bureau, to provide a matching contribution as 2,378
follows:
(a) Up to ten per cent of the grant from any eligible 2,380
applicant that is or is located in a county that has a per capita 2,381
income above ninety per cent of the median county per capita 2,382
income of the state, but equal to or below one hundred per cent 2,383
58
of the median county per capita income of the state; 2,384
(b) Up to twenty per cent of the grant from any eligible 2,386
applicant that is or is located in a county that has a per capita 2,387
income above the median county per capita income of the state. 2,388
(2) If the eligible applicant is a joint solid waste 2,390
management district and at least fifty per cent of the counties 2,391
comprising the district have a per capita income equal to or 2,392
below ninety per cent of the median county per capita income of 2,393
the state, the district need not provide a matching contribution 2,394
for a grant under division (D)(1) of this section. If at least 2,395
fifty per cent of the counties comprising the district have a per 2,396
capita income above ninety per cent of the median county per 2,397
capita income of the state, but equal to or below one hundred per 2,398
cent of the median county per capita income of the state, the 2,399
district shall provide a matching contribution in accordance with 2,400
division (D)(1)(a) of this section. If at least fifty per cent 2,401
of the counties comprising the district have a per capita income 2,402
above the median county per capita income of the state, the 2,403
district shall provide a matching contribution in accordance with 2,404
division (D)(1)(b) of this section OR IS FILING A JOINT 2,405
APPLICATION ON BEHALF OF TWO OR MORE COUNTIES, THE MATCHING 2,406
CONTRIBUTION REQUIRED UNDER DIVISION (D)(1) OF THIS SECTION SHALL 2,409
BE THE AVERAGE OF THE MATCHING CONTRIBUTIONS OF ALL OF THE 2,410
COUNTIES COVERED BY THE APPLICATION AS DETERMINED IN ACCORDANCE 2,411
WITH THAT DIVISION. THE MATCHING CONTRIBUTION OF A COUNTY THAT 2,412
HAS A PER CAPITA INCOME EQUAL TO OR BELOW NINETY PER CENT OF THE 2,413
MEDIAN COUNTY PER CAPITA INCOME OF THE STATE SHALL BE INCLUDED AS 2,414
ZERO IN CALCULATING THE AVERAGE MATCHING CONTRIBUTION. 2,415
(E) After receiving notice from the director of 2,417
environmental protection that each county within the state is 2,418
subject to the solid waste management plan of a solid waste 2,419
management district, the chief shall ensure that not less than
fifty per cent of the moneys distributed as grants under this 2,420
section shall be expended for the purposes of recycling and 2,421
59
recycling market development.
Sec. 1502.99. Whoever violates section 1502.06 1502.07 of 2,430
the Revised Code is guilty of a minor misdemeanor. Each day of 2,432
violation constitutes a separate offense.
Sec. 1503.05. (A) The chief of the division of forestry 2,441
may sell timber and other forest products from the state forest 2,442
AND STATE FOREST NURSERIES whenever the chief considers such a 2,443
sale desirable and, with the approval of the attorney general and 2,445
the director of natural resources, may sell portions of the state 2,446
forest lands when such a sale is advantageous to the state. 2,447
(B) Except as otherwise provided in this section, a timber 2,449
sale agreement shall not be executed unless the person or 2,450
governmental entity bidding on the sale executes and files a 2,451
surety bond conditioned on completion of the timber sale in 2,452
accordance with the terms of the agreement in an amount equal to 2,453
twenty-five per cent of the highest value cutting section. All 2,454
bonds shall be given in a form prescribed by the chief and shall 2,455
run to the state as obligee. 2,456
The chief shall not approve any bond until it is personally 2,458
signed and acknowledged by both principal and surety, or as to 2,459
either by the attorney in fact thereof, with a certified copy of 2,461
the power of attorney attached. The chief shall not approve the 2,462
bond unless there is attached a certificate of the superintendent 2,463
of insurance that the company is authorized to transact a 2,464
fidelity and surety business in this state. 2,465
In lieu of a bond, the bidder may deposit any of the 2,467
following: 2,468
(1) Cash in an amount equal to the amount of the bond; 2,470
(2) United States government securities having a par value 2,472
equal to or greater than the amount of the bond; 2,473
(3) Negotiable certificates of deposit or irrevocable 2,475
letters of credit issued by any bank organized or transacting 2,476
business in this state, having a par value equal to or greater 2,477
than the amount of the bond. 2,478
60
The cash or securities shall be deposited on the same terms 2,480
as bonds. If one or more certificates of deposit are deposited 2,481
in lieu of a bond, the chief shall require the bank that issued 2,482
any of the certificates to pledge securities of the aggregate 2,483
market value equal to the amount of the certificate or 2,484
certificates that is in excess of the amount insured by the 2,485
federal deposit insurance corporation. The securities to be 2,486
pledged shall be those designated as eligible under section 2,487
135.18 of the Revised Code. The securities shall be security for 2,488
the repayment of the certificate or certificates of deposit. 2,489
Immediately upon a deposit of cash, securities, 2,491
certificates of deposit, or letters of credit, the chief shall 2,492
deliver them to the treasurer of state, who shall hold them in 2,493
trust for the purposes for which they have been deposited. The 2,494
treasurer of state is responsible for the safekeeping of the 2,495
deposits. A bidder making a deposit of cash, securities, 2,496
certificates of deposit, or letters of credit may withdraw and 2,497
receive from the treasurer of state, on the written order of the 2,498
chief, all or any portion of the cash, securities, certificates 2,499
of deposit, or letters of credit upon depositing with the 2,500
treasurer of state cash, other United States government 2,501
securities, or other negotiable certificates of deposit or 2,502
irrevocable letters of credit issued by any bank organized or 2,503
transacting business in this state, equal in par value to the par 2,504
value of the cash, securities, certificates of deposit, or 2,505
letters of credit withdrawn. 2,506
A bidder may demand and receive from the treasurer of state 2,508
all interest or other income from any such securities or 2,509
certificates as it becomes due. If securities so deposited with 2,510
and in the possession of the treasurer of state mature or are 2,511
called for payment by the THEIR issuer thereof, the treasurer of 2,513
state, at the request of the bidder who deposited them, shall 2,514
convert the proceeds of the redemption or payment of the 2,515
securities into such other United States government securities, 2,516
61
negotiable certificates of deposit, or cash as the bidder 2,517
designates.
When the chief finds that a person or governmental agency 2,519
has failed to comply with the conditions of the person's or 2,520
governmental agency's bond, the chief shall make a finding of 2,522
that fact and declare the bond, cash, securities, certificates, 2,523
or letters of credit forfeited. The chief thereupon shall 2,524
certify the total forfeiture to the attorney general, who shall 2,525
proceed to collect the amount of the bond, cash, securities, 2,526
certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may 2,528
cause the timber sale to be completed or pay to the treasurer of 2,529
state the cost thereof. 2,530
All moneys collected as a result of forfeitures of bonds, 2,532
cash, securities, certificates, and letters of credit under this 2,533
section shall be credited to the state forest fund created in 2,534
this section. 2,535
(C) The chief may grant easements and leases on portions 2,537
of the state forest lands AND STATE FOREST NURSERIES under such 2,538
terms as THAT are advantageous to the state, and the chief may 2,540
grant mineral rights on a royalty basis ON THOSE LANDS AND 2,541
NURSERIES, with the approval of the attorney general and the 2,542
director.
(D) All moneys received from the sale of state forest 2,544
lands, or in payment for easements or leases on or as rents from 2,545
those lands OR FROM STATE FOREST NURSERIES, shall be paid into 2,547
the state treasury to the credit of the state forest fund, which 2,549
is hereby created. All moneys received from the sale of standing 2,550
timber taken from the state forest lands shall be deposited into 2,551
the general revenue fund. All moneys received from the sale of 2,552
forest products, other than standing timber, and minerals taken 2,553
from the state forest lands AND STATE FOREST NURSERIES, together 2,555
with royalties from mineral rights, shall be paid into the state 2,556
forest fund.
62
At the time of making such a payment or deposit, the chief 2,558
shall determine the amount and gross value of all such products 2,560
sold or royalties received from lands AND NURSERIES in each 2,562
county, in each township within the county, and in each school
district within the county. Afterward the chief shall send to 2,564
each county treasurer a copy of the determination and shall 2,565
provide for payment to the county treasurer, for the use of the 2,566
general fund of that county from the amount so received as 2,567
provided in this division, an amount equal to eighty per cent of 2,568
the gross value of the products sold or royalties received from 2,569
lands AND NURSERIES located in that county. The county auditor 2,570
shall do all of the following: 2,571
(1) Retain for the use of the general fund of the county 2,573
one-fourth of the amount received by the county under division 2,574
(D) of this section;
(2) Pay into the general fund of any township located 2,577
within the county and containing such lands AND NURSERIES 2,578
one-fourth of the amount received by the county from products 2,580
sold or royalties received from lands AND NURSERIES located in 2,582
the township;
(3) Request the board of education of any school district 2,584
located within the county and containing such lands AND NURSERIES 2,585
to identify which fund or funds of the district should receive 2,587
the moneys available to the school district under division (D)(3) 2,588
of this section. After receiving notice from the board, the 2,589
county auditor shall pay into the fund or funds so identified
one-half of the amount received by the county from products sold 2,590
or royalties received from lands AND NURSERIES located in the 2,591
school district, distributed proportionately as identified by the 2,593
board.
The division of forestry shall not supply logs, lumber, or 2,596
other forest products or minerals, taken from the state forest 2,597
lands OR STATE FOREST NURSERIES, to any other agency or 2,598
subdivision of the state unless payment is made therefor in the 2,599
63
amount of the actual prevailing value thereof. This section is 2,600
applicable to the moneys so received. All moneys received from 2,601
the sale of reforestation tree stock or other revenues derived 2,602
from the operation of the state forests, facilities, or equipment 2,603
shall be paid into the state forest fund. 2,604
The fund shall not be expended for any purpose other than 2,606
the administration, operation, maintenance, development, or 2,607
utilization of the state forests, forest nurseries, and forest 2,608
programs, for facilities or equipment incident thereto TO THEM, 2,609
or for the further purchase of lands for state forest or forest 2,611
nursery purposes. 2,612
Sec. 1503.29. (A) As used in this section, "felony" has 2,623
the same meaning as in section 109.511 of the Revised Code.
(B)(1) Subject to division (D) of this section, any person 2,626
employed by the chief of the division of forestry for 2,627
administrative service in a state forest may be designated by the 2,628
chief and known as a forest officer. A forest officer, on any 2,629
lands or waters owned, controlled, maintained, or administered by 2,630
the department of natural resources AND ON HIGHWAYS, AS DEFINED 2,631
IN SECTION 4511.01 OF THE REVISED CODE, ADJACENT TO LANDS AND 2,632
WATERS OWNED, CONTROLLED, MAINTAINED, OR ADMINISTERED BY THE
DIVISION OF FORESTRY, has the authority vested in police officers 2,634
SPECIFIED under section 2935.03 of the Revised Code FOR PEACE 2,635
OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES to keep the 2,636
peace, to enforce all laws and rules governing those lands and 2,637
waters, and to make arrests for violation of those laws and 2,638
rules, provided that such THE authority shall be exercised on 2,640
lands or waters administered by another division of the 2,641
department only pursuant to an agreement with the chief of that 2,642
division or to a request for assistance by an enforcement officer 2,643
of that division in an emergency.
(2) A forest officer, in or along any watercourse within, 2,645
abutting, or upstream from the boundary of any area administered 2,646
by the department, has the authority to enforce section 3767.32 2,647
64
of the Revised Code and other laws prohibiting the dumping of 2,648
refuse into or along waters and to make arrests for violation of 2,649
those laws. The jurisdiction of forest officers shall be 2,650
concurrent with that of the peace officers of the county, 2,651
township, or municipal corporation in which the violation occurs. 2,652
(3) A forest officer may enter upon private and public 2,654
lands to investigate an alleged violation of, and may enforce, 2,655
this chapter and sections 2909.02, 2909.03, and 2909.06 of the 2,656
Revised Code when the alleged violation or other act pertains to 2,657
forest fires.
(C)(1) A forest officer may render assistance to a state 2,659
or local law enforcement officer at the request of that officer 2,660
or may render assistance to a state or local law enforcement 2,661
officer in the event of an emergency. Forest officers serving 2,662
outside the division of forestry under this section or serving 2,663
under the terms of a mutual aid compact authorized under section 2,664
1501.02 of the Revised Code shall be considered as performing 2,665
services within their regular employment for the purposes of 2,666
compensation, pension or indemnity fund rights, workers' 2,667
compensation, and other rights or benefits to which they may be 2,668
entitled as incidents of their regular employment. 2,669
(2) Forest officers serving outside the division of 2,671
forestry under this section or under a mutual aid compact retain 2,672
personal immunity from civil liability as specified in section 2,673
9.86 of the Revised Code and shall not be considered an employee 2,674
of a political subdivision for purposes of Chapter 2744. of the 2,675
Revised Code. A political subdivision that uses forest officers 2,676
under this section or under the terms of a mutual aid compact 2,677
authorized under section 1501.02 of the Revised Code is not 2,678
subject to civil liability under Chapter 2744. of the Revised 2,679
Code as the result of any action or omission of any forest 2,680
officer acting under this section or under a mutual aid compact. 2,681
(D)(1) The chief of the division of forestry shall not 2,684
designate a person as a forest officer pursuant to division 2,685
65
(B)(1) of this section on a permanent basis, on a temporary 2,686
basis, for a probationary term, or on other than a permanent 2,687
basis if the person previously has been convicted of or has 2,688
pleaded guilty to a felony.
(2)(a) The chief of the division of forestry shall 2,691
terminate the employment as a forest officer of a person
designated as a forest officer under division (B)(1) of this 2,693
section if that person does either of the following:
(i) Pleads guilty to a felony; 2,695
(ii) Pleads guilty to a misdemeanor pursuant to a 2,697
negotiated plea agreement as provided in division (D) of section 2,699
2929.29 of the Revised Code in which the forest officer agrees to 2,702
surrender the certificate awarded to the forest officer under 2,703
section 109.77 of the Revised Code. 2,705
(b) The chief shall suspend from employment as a forest 2,708
officer a person designated as a forest officer under division 2,709
(B)(1) of this section if that person is convicted, after trial, 2,710
of a felony. If the forest officer files an appeal from that 2,711
conviction and the conviction is upheld by the highest court to 2,712
which the appeal is taken or if the forest officer does not file 2,713
a timely appeal, the chief shall terminate the employment of that 2,714
forest officer. If the forest officer files an appeal that 2,715
results in that forest officer's acquittal of the felony or 2,716
conviction of a misdemeanor, or in the dismissal of the felony 2,718
charge against the forest officer, the chief shall reinstate that 2,719
forest officer. A forest officer who is reinstated under 2,720
division (D)(2)(b) of this section shall not receive any back pay 2,721
unless that forest officer's conviction of the felony was 2,723
reversed on appeal, or the felony charge was dismissed, because 2,724
the court found insufficient evidence to convict the forest 2,725
officer of the felony. 2,726
(3) Division (D) of this section does not apply regarding 2,729
an offense that was committed prior to January 1, 1997. 2,730
(4) The suspension from employment, or the termination of 2,732
66
the employment, of a forest officer under division (D)(2) of this 2,733
section shall be in accordance with Chapter 119. of the Revised 2,734
Code.
Sec. 1503.43. (A) As used in this section: 2,743
(1) "Wilderness area" means an A CONTIGUOUS area of 2,745
relatively undeveloped state-owned land ADMINISTERED BY THE 2,746
DIVISION OF FORESTRY AND CONSISTING OF NOT LESS THAN FIVE 2,747
THOUSAND ACRES OR OF SUFFICIENT SIZE AS TO MAKE PRACTICABLE ITS 2,748
PRESERVATION AND USE IN AN UNIMPAIRED CONDITION that either has 2,749
retained its natural character and influence or has been 2,750
substantially restored to a near natural appearance and that 2,751
meets both of the following qualifications: 2,752
(a) The area is one in which man's HUMANKIND'S past 2,754
influences are largely unnoticed; 2,756
(b) The area has outstanding opportunities for solitude or 2,758
for a primitive and unconfined type of recreation. 2,759
(2) "Utility facility" includes, without limitation, 2,761
towers, poles, pipes, sewers, tubing, conduits, conductors, 2,762
cables, valves, lines, wires, manholes, and appurtenances thereto 2,763
owned by a utility facility operator. 2,764
(3) "Utility facility operator" means a person or public 2,766
authority that supplies any of the following materials or 2,767
services by means of a utility facility: 2,768
(a) Flammable, toxic, or corrosive gas; 2,770
(b) Crude oil, petroleum products, or hazardous liquids; 2,772
(c) Coal; 2,774
(d) Electricity; 2,776
(e) Electronic, telephonic, or telegraphic communications; 2,778
(f) Television signals; 2,780
(g) Sewage disposal or drainage; 2,782
(h) Potable water; 2,784
(i) Steam or hot water. 2,786
(B) That portion of contiguous state lands located in 2,788
Scioto and Adams counties and within the Shawnee state forest and 2,789
67
bounded by forest road seventeen and sunshine ridge to the north, 2,790
by upper Twin Creek road to the east and northeast, by United 2,791
States route fifty-two to the south, and by lower Twin Creek road 2,792
to the west and southwest is hereby designated the Shawnee 2,793
wilderness area. Except as otherwise specifically provided by 2,794
this section or by rule adopted under this chapter, the 2,795
provisions of this chapter apply to the Shawnee wilderness area, 2,796
and that area shall continue to be a part of the Shawnee state 2,797
forest. 2,798
(C) The Shawnee wilderness area shall be managed to 2,800
preserve natural conditions and ensure the continuance of natural 2,801
processes. The chief of the division of forestry, with the 2,802
approval of the director of natural resources, shall administer 2,803
the Shawnee wilderness area in accordance with a management plan, 2,804
which he THE CHIEF shall develop and adopt within one year after 2,805
September 14, 1988. Sixty days prior to adopting a plan, the 2,807
chief shall solicit public review and comment on a draft plan. 2,808
At least once every ten years, the chief shall conduct a review 2,809
of the plan, with public input, and revise the plan as 2,810
appropriate. The chief shall make the plan available for review 2,811
by any person upon request.
(D) Notwithstanding any other authority granted to him THE 2,813
CHIEF under this chapter, the chief shall include within the 2,815
management plan adopted by him under division (C) of this section 2,816
prohibitions of the following activities within the Shawnee 2,817
wilderness area except for the areas exempted in division (E) of 2,818
this section: 2,819
(1) Picking, removal, cutting, or alteration in any manner 2,821
of any vegetation unless the person has first HAS obtained 2,822
written consent from the chief for that activity and the action 2,824
is necessary for appropriate public access, the preservation or 2,825
restoration of a plant or wildlife species, or the documentation 2,826
of scientific values; 2,827
(2) Granting of any easement or license, or sale or lease 2,829
68
of any of the land, for any purpose. Division (D)(2) of this 2,830
section does not apply to any private easement or license in 2,831
existence on September 14, 1988. 2,832
(3) Exploration for or extraction of any coal, oil, gas, 2,833
or minerals; 2,834
(4) Operation, construction, or installation of a utility 2,836
facility above or below the surface of the land; 2,837
(5) Operation of a commercial enterprise; 2,839
(6) Except as provided in division (D)(7) of this section, 2,841
construction of a road upon any of the land or use of the land as 2,842
a road; 2,843
(7) Except as is necessary to meet emergency requirements 2,845
for administration of the area: 2,846
(a) Landing of an aircraft; 2,848
(b) Operation of a motor vehicle, motor boat, other form 2,850
of mechanical transport, or motorized equipment; 2,851
(c) Construction of any building or other structure; 2,853
(d) Use of the land as a temporary road. 2,855
(E)(1) The following areas, which now are necessary for 2,857
the administration of the Shawnee state forest and the state 2,858
forest system, are not subject to the prohibitions of division 2,859
(D) of this section: 2,860
(a) The Buena Vista manager's residence; 2,862
(b) The Buena Vista walnut seed orchard; 2,864
(c) The Twin Creek fire tower. 2,866
(2) At any time that the chief makes a determination that 2,868
it is no longer necessary for the administration of the Shawnee 2,869
state forest or the state forest system for an area excluded in 2,870
division (E)(1) of this section to be excluded, the area shall 2,871
become subject to the prohibitions of division (D) of this 2,872
section. 2,873
(F) The chief, in developing a management plan under 2,875
division (C) of this section, may not prohibit any hunting, 2,876
fishing, or trapping that is done in conformity with Chapters 2,877
69
1531. and 1533. of the Revised Code or any rules adopted under 2,878
those chapters.
Sec. 1504.02. (A) The division of real estate and land 2,887
management shall do all of the following: 2,888
(1) Except as otherwise provided in the Revised Code, 2,890
coordinate and conduct all real estate functions for the 2,891
department of natural resources, including at least acquisitions 2,892
by purchase, lease, gift, devise, bequest, appropriation, or 2,893
otherwise; grants through sales, leases, exchanges, easements, 2,894
and licenses; inventories of land; and other related general 2,895
management duties; 2,896
(2) Assist the department and its divisions by providing 2,898
department-wide planning, including at least master planning, 2,899
comprehensive planning, capital improvements planning, and 2,900
special purpose planning such as trails coordination and planning 2,901
under section 1519.03 of the Revised Code; 2,902
(3) On behalf of the director of natural resources, 2,904
administer the coastal management program established under 2,905
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised 2,906
Code and consult with and provide coordination among state 2,907
agencies, political subdivisions, the United States and agencies 2,908
of it, and interstate, regional, and areawide agencies to assist 2,909
the director in executing his THE DIRECTOR'S duties and 2,910
responsibilities under that program and to assist the department 2,912
as the lead agency for the development and implementation of the 2,913
program;
(4) On behalf of the director, administer sections 1506.10 2,915
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code; 2,916
(5) Cooperate with the United States and agencies of it 2,918
and with political subdivisions in administering federal 2,919
recreation moneys under the "Land and Water Conservation Fund Act 2,920
of 1965," 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare 2,921
and distribute the statewide comprehensive outdoor recreation 2,922
plan; and administer the state recreational vehicle fund created 2,923
70
in section 4519.11 of the Revised Code; 2,924
(6)(a) Support the geographic information system needs for 2,926
the department as requested by the director, which shall include, 2,927
but not be limited to, all of the following: 2,928
(i) Assisting in the training and education of department 2,930
resource managers, administrators, and other staff in the 2,931
application and use of general GEOGRAPHIC information system 2,932
technology; 2,933
(ii) Providing technical support to the department in the 2,935
design, preparation of data, and use of appropriate geographic 2,936
information system applications in order to help solve resource 2,937
related problems and to improve the effectiveness and efficiency 2,938
of department delivered services; 2,939
(iii) Creating, maintaining, and documenting spatial 2,941
digital data bases for the division and for other divisions as 2,942
assigned by the director. 2,943
(b) Provide information to and otherwise assist government 2,945
officials, planners, and resource managers in understanding land 2,946
use planning and resource management; 2,947
(c) Provide continuing assistance to local government 2,949
officials and others in natural resource digital data base 2,950
development and in applying and utilizing the geographic 2,951
information system for land use planning, current agricultural 2,952
use, value assessment, development reviews, coastal management, 2,953
and other resource management activities; 2,954
(d) Coordinate and administer the remote sensing needs of 2,956
the department including the collection and analysis of aerial 2,957
photography, satellite data, and other data pertaining to land, 2,958
water, and other resources of the state; 2,959
(e) Prepare and publish maps and digital data relating to 2,961
the state's land use and land cover over time on a local, 2,962
regional, and statewide basis; 2,963
(f) Locate and distribute hard copy maps, digital data, 2,965
aerial photography, and other resource data and information to 2,966
71
government agencies and the public. 2,967
(7) Prepare special studies and execute any other duties, 2,969
functions, and responsibilities requested by the director. 2,970
(B) The division may do any of the following: 2,972
(1) Coordinate such environmental matters concerning the 2,974
department and the state as are necessary to comply with the 2,975
"National Environmental Policy Act of 1969," 83 Stat. 852, 42 2,976
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act 2,977
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water 2,978
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, 2,979
as amended, and regulations adopted under those acts; 2,980
(2) On behalf of the director, administer Chapter 1520. of 2,982
the Revised Code, except divisions (B) to (F) of section 1520.03 2,983
of the Revised Code, division (A) of section 1520.04 of the 2,984
Revised Code as it pertains to those divisions, and section 2,985
1520.05 of the Revised Code; 2,986
(3) Administer any state or federally funded grant program 2,988
that is related to natural resources and recreation as considered 2,989
necessary by the director. 2,990
Sec. 1505.10. The chief of the division of geological 2,999
survey shall prepare and publish for public distribution annual 3,001
reports that shall include all of the following:
(A) A list of the operators of mines, quarries, pits, or 3,003
other mineral resource extraction operations in this state; 3,004
(B) Information on the location of and commodity extracted 3,006
at each operation; 3,007
(C) Information on the employment at each operation; 3,009
(D) Information on the tonnage of coal or other minerals 3,011
extracted at each operation along with the method of extraction; 3,012
(E) Information on the production, use, distribution, 3,014
value, and other facts relative to the mineral resources of the 3,015
state that may be of public interest. 3,016
Each operator engaged in the extraction of minerals shall 3,018
submit an accurate and complete annual report, on or before the 3,020
72
last day of February of JANUARY each year, to the chief of the 3,021
division of geological survey on forms provided by the chief and 3,022
containing the information specified in divisions (A) to (E) of 3,023
this section for the immediately preceding calendar year. The 3,024
chief of the division of mines and reclamation may use all or 3,026
portions of the information collected pursuant to this section in
preparing the annual report required by section 1561.04 of the 3,028
Revised Code.
No person shall fail to comply with this section. 3,030
Sec. 1505.99. (A) Whoever violates section 1505.07 of the 3,039
Revised Code shall be fined not less than one thousand nor more 3,041
than two thousand dollars on a first offense; on each subsequent 3,042
offense, the person shall be fined not less than two thousand nor 3,043
more than five thousand dollars.
(B) Whoever violates section 1505.10 of the Revised Code 3,045
shall be fined not less than one hundred nor more than one 3,046
thousand dollars on a first offense; on each subsequent offense, 3,047
the person shall be fined not less than one thousand nor more 3,048
than two thousand dollars. NOTWITHSTANDING ANY SECTION OF THE 3,050
REVISED CODE RELATING TO THE DISTRIBUTION OR CREDITING OF FINES 3,052
FOR VIOLATIONS OF THE REVISED CODE, ALL FINES IMPOSED UNDER THIS 3,055
DIVISION SHALL BE PAID INTO THE GEOLOGICAL MAPPING FUND CREATED 3,056
IN SECTION 1505.09 OF THE REVISED CODE. 3,058
Sec. 1506.02. (A) The department of natural resources is 3,067
hereby designated the lead agency for the development and 3,068
implementation of a coastal management program. The director of 3,069
natural resources: 3,070
(1) Shall develop and adopt the coastal management program 3,072
document no later than December 31, 1994. The director shall 3,073
cooperate and coordinate with other agencies of the state and its 3,075
political subdivisions in the development of the document. 3,076
Before adopting the document, the director shall hold four public 3,077
hearings on it in the coastal area, and may hold additional 3,078
public meetings, to give the public the opportunity to make 3,079
73
comments and recommendations concerning its terms. The director 3,080
shall consider the public comments and recommendations before 3,081
adopting the document. The director may amend the coastal 3,082
management program document, provided that, prior to making 3,083
changes in it, the director notifies by mail those persons who 3,084
submitted comments and recommendations concerning the original 3,086
document and appropriate agencies of the state and its political 3,087
subdivisions. The director may hold at least one public hearing 3,088
on the proposed changes. 3,089
(2) Shall administer the coastal management program in 3,091
accordance with the coastal management program document, this 3,092
chapter, and rules adopted under it; 3,093
(3) Shall adopt and may amend or rescind rules under 3,095
Chapter 119. of the Revised Code for the implementation, 3,096
administration, and enforcement of the coastal management program 3,097
and the other provisions of this chapter. Before the adoption, 3,098
amendment, or rescission of rules under this division (A)(3) OF 3,100
THIS SECTION, the director shall do all of the following: 3,101
(a) Maintain a list of interested public and private 3,103
organizations and mail notice to those organizations of any 3,104
proposed rule or amendment to or rescission of a rule at least 3,105
thirty days before any public hearing on the proposal; 3,106
(b) Mail a copy of each proposed rule, amendment, or 3,108
rescission to any person who requests a copy within five days 3,109
after receipt of the request; 3,110
(c) Consult with appropriate statewide organizations and 3,112
units of local government that would be affected by the proposed 3,114
rule, amendment, or rescission. Although 3,115
ALTHOUGH the director is expected to discharge these duties 3,117
diligently, failure to mail any notice or copy or to so consult 3,118
with any person is not jurisdictional and shall not be construed 3,119
to invalidate any proceeding or action of the director. 3,120
(4) Shall provide for consultation and coordination 3,122
between and among state agencies, political subdivisions of the 3,123
74
state, and interstate, regional, areawide, and federal agencies 3,124
in carrying out the purposes of the coastal management program 3,125
and the other provisions of this chapter; 3,126
(5) Shall, to the extent practicable and consistent with 3,128
the protection of coastal area resources, coordinate the rules 3,129
and policies of the department of natural resources with the 3,130
rules and policies of other state and federal agencies to 3,131
simplify and consolidate the regulation of activities along the 3,132
Lake Erie shoreline; 3,133
(6) May, to accomplish the purposes of the coastal 3,135
management program and the other provisions of this chapter, 3,136
contract with any person and may accept and expend gifts, 3,137
bequests, and grants of money or property from any person. 3,138
(B) Every agency of the state, upon request of the 3,140
director, shall cooperate with the department of natural 3,141
resources in the implementation of the coastal management 3,142
program.
(C) The director shall establish a coastal management 3,144
assistance grant program. Grants may be awarded from federal 3,145
funds received for that purpose and from such other funds as may 3,146
be provided by law to any municipal corporation, county, 3,147
township, park district created under section 511.18 or 1545.04 3,148
of the Revised Code, conservancy district established under 3,149
Chapter 6101. of the Revised Code, port authority, other 3,150
political subdivision, state agency, educational institution, or 3,151
nonprofit corporation that is located in whole or in part in the 3,152
coastal area to help implement, administer, or enforce any aspect 3,153
of the coastal management program. Grants may be used for any of 3,154
the following purposes: 3,155
(1) Feasibility studies and engineering reports for 3,157
projects that are consistent with the policies in the coastal 3,158
management program document; 3,159
(2) The protection and preservation of wetlands, beaches, 3,161
fish and wildlife habitats, minerals, natural areas, prime 3,162
75
agricultural land, endangered plant and animal species, or other 3,163
significant natural coastal resources; 3,164
(3) The management of shoreline development to prevent 3,166
loss of life and property in coastal flood hazard areas and 3,167
coastal erosion areas, to set priorities for water-dependent 3,169
energy, commercial, industrial, agricultural, and recreational 3,170
uses, or to identify environmentally acceptable sites for dredge 3,171
spoil disposal; 3,172
(4) Increasing public access to Lake Erie and other public 3,174
places in the coastal area; 3,175
(5) The protection and preservation of historical, 3,177
cultural, or aesthetic coastal resources; 3,178
(6) Improving the predictability and efficiency of 3,180
governmental decision making related to coastal area management; 3,181
(7) Adopting, administering, and enforcing zoning 3,183
ordinances or resolutions relating to coastal flood hazard areas 3,184
or coastal erosion areas; 3,185
(8) The redevelopment of deteriorating and underutilized 3,187
waterfronts and ports; 3,188
(9) Other purposes approved by the director. 3,190
Sec. 1506.11. (A) "Territory," as used in this section, 3,199
means the waters and the lands presently underlying the waters of 3,200
Lake Erie and the lands formerly underlying the waters of Lake 3,201
Erie and now artificially filled, between the natural shoreline 3,202
and the international boundary line with Canada. 3,203
(B) Whenever the state, acting through the director of 3,205
natural resources, upon application of any person who wants to 3,207
develop or improve part of the territory, and after notice THAT 3,208
THE DIRECTOR, AT THE DIRECTOR'S DISCRETION, MAY GIVE as provided 3,209
in this section, determines that any part of the territory can be 3,210
developed and improved or the waters thereof used as specified in 3,211
the application without impairment of the public right of 3,212
navigation, water commerce, and fishery, a lease of all or any 3,213
part of the state's interest therein may be entered into with the 3,214
76
applicant, or a permit may be issued for that purpose, subject to 3,215
the powers of the United States government and in accordance with 3,216
rules adopted by the director in accordance with Chapter 119. of 3,217
the Revised Code, and without prejudice to the littoral rights of 3,218
any owner of land fronting on Lake Erie, provided that the 3,219
legislative authority of the municipal corporation within which 3,220
any such part of the territory is located, if the municipal 3,221
corporation is not within the jurisdiction of a port authority, 3,222
or the county commissioners of the county within which such part 3,223
of the territory is located, excluding any territory within a 3,224
municipal corporation or under the jurisdiction of a port 3,225
authority, or the board of directors of a port authority with 3,226
respect to such part of the territory included in the 3,227
jurisdiction of the port authority, has enacted an ordinance or 3,228
resolution finding and determining that such part of the 3,229
territory, described by metes and bounds OR BY AN ALTERNATE 3,230
DESCRIPTION REFERENCED TO THE APPLICANT'S UPLAND PROPERTY 3,231
DESCRIPTION THAT IS CONSIDERED ADEQUATE BY THE DIRECTOR, is not 3,232
necessary or required for the construction, maintenance, or 3,233
operation by the municipal corporation, county, or port authority 3,234
of breakwaters, piers, docks, wharves, bulkheads, connecting 3,235
ways, water terminal facilities, and improvements and marginal 3,236
highways in aid of navigation and water commerce and that the 3,237
land uses specified in the application comply with regulation of 3,238
permissible land use under a waterfront plan of the local 3,239
authority.
(C) Upon the filing of the application with the director, 3,242
the director may hold a public hearing thereon and shall MAY 3,243
cause written notice of the filing to be given to any municipal 3,245
corporation, county, or port authority, as the case may be, in 3,246
which such part of the territory is located and also shall cause 3,247
public notice of the filing to be given by advertisement in a 3,249
newspaper of general circulation within the locality where such 3,250
part of the territory is located. If a hearing is to be held, 3,251
77
public notice of the filing may be combined with public notice of 3,252
the hearing and shall be given once a week for four consecutive 3,253
weeks prior to the date of the initial hearing. All hearings 3,254
shall be before the director and shall be open to the public, and 3,255
a record shall be made of the proceeding. Parties thereto are 3,256
entitled to be heard and to be represented by counsel. The 3,257
findings and order of the director shall be in writing. All 3,258
costs of the hearings, including publication costs, shall be paid 3,259
by the applicant. The director also may hold public meetings on 3,260
the filing of an application. 3,261
If the director finds that a lease may properly be entered 3,263
into with the applicant or a permit may properly be issued to the 3,264
applicant, the director shall determine the consideration to be 3,266
paid by the applicant, which consideration shall exclude the 3,267
value of the littoral rights of the owner of land fronting on 3,268
Lake Erie and improvements made or paid for by the owner of land 3,269
fronting on Lake Erie or that owner's predecessors in title. The 3,271
lease or permit may be for such periods of time as the director 3,272
determines. The rentals received under the terms of such a lease 3,273
or permit shall be paid into the state treasury to the credit of 3,274
the Lake Erie submerged lands fund, which is hereby created, and 3,275
shall be distributed from that fund as follows: 3,276
(1) Fifty per cent of each rental shall be paid to the 3,278
department of natural resources for the administration of this 3,279
section and section 1506.10 of the Revised Code and for the 3,280
coastal management assistance grant program required to be 3,281
established under division (C) of section 1506.02 of the Revised 3,282
Code; 3,283
(2) Fifty per cent of each rental shall be paid to the 3,285
municipal corporation, county, or port authority making the 3,286
finding provided for in this section. 3,287
All leases and permits shall be executed in the manner 3,289
provided by section 5501.01 of the Revised Code and shall 3,290
contain, in addition to the provisions required in this section, 3,291
78
a reservation to the state of all mineral rights and a provision 3,292
that the removal of any minerals shall be conducted in such 3,293
manner as not to damage any improvements placed by the littoral 3,294
owner, lessee, or permit holder on the lands. No lease or permit 3,295
of the lands defined in this section shall express or imply any 3,296
control of fisheries or aquatic wildlife now vested in the 3,297
division of wildlife of the department. 3,298
(D) Upland owners who, prior to October 13, 1955, have 3,300
erected, developed, or maintained structures, facilities, 3,301
buildings, or improvements or made use of waters in the part of 3,302
the territory in front of those uplands shall be granted a lease 3,303
or permit by the state upon the presentation of a certification 3,304
by the chief executive of a municipal corporation, resolution of 3,305
the board of county commissioners, or resolution of the board of 3,306
directors of the port authority establishing that the structures, 3,307
facilities, buildings, improvements, or uses do not constitute an 3,308
unlawful encroachment on navigation and water commerce. The 3,309
lease or permit shall specifically enumerate the structures, 3,310
facilities, buildings, improvements, or uses so included. 3,311
(E) Persons having secured a lease or permit under this 3,313
section are entitled to just compensation for the taking, whether 3,314
for navigation, water commerce, or otherwise, by any governmental 3,315
authority having the power of eminent domain, of structures, 3,316
facilities, buildings, improvements, or uses erected or placed 3,317
upon the territory pursuant to the lease or permit or the 3,318
littoral rights of the person and for the taking of the leasehold 3,319
and the littoral rights of the person pursuant to the procedure 3,320
provided in Chapter 163. of the Revised Code. The compensation 3,321
shall not include any compensation for the site in the territory 3,322
except to the extent of any interest in the site theretofore 3,323
acquired by the person under this section or by prior acts of the 3,324
general assembly or grants from the United States government. 3,325
The failure of any person to apply for or obtain a lease or 3,326
permit under this section does not prejudice any right the person 3,327
79
may have to compensation for a taking of littoral rights or of 3,328
improvements made in accordance with a lease, a permit, or 3,329
littoral rights. 3,330
(F) If any taxes or assessments are levied or assessed 3,332
upon property that is the subject of a lease or permit under this 3,333
section, the taxes or assessments are the obligation of the 3,334
lessee or permit holder. 3,335
(G) If a lease or permit secured under this section 3,337
requires the lessee or permit holder to obtain the approval of 3,338
the department or any of its divisions for any changes in 3,340
structures, facilities, or buildings, for any improvements, or 3,341
for any changes or expansion in uses, no lessee or permit holder 3,342
shall change any structures, facilities, or buildings, make any 3,343
improvements, or expand or change any uses unless the director 3,344
first determines that the proposed action will not adversely 3,345
affect any current or prospective exercise of the public right of 3,346
recreation in the territory and in the state's reversionary 3,347
interest in any territory leased or permitted under this section. 3,348
Proposed changes or improvements shall be deemed to 3,350
"adversely affect" the public right of recreation if the changes 3,351
or improvements cause or will cause any significant demonstrable 3,352
negative impact upon any present or prospective recreational use 3,353
of the territory by the public during the term of the lease or 3,354
permit or any renewals and of any public recreational use of the 3,355
leased or permitted premises in which the state has a 3,356
reversionary interest. 3,357
Sec. 1507.05. All moneys derived from the granting of 3,366
permits and leases under section 1505.07 of the Revised Code for 3,367
the removal of sand, gravel, stone, gas, oil, and other minerals 3,368
and substances from and under the bed of Lake Erie and from 3,369
applications for construction permits submitted under section 3,370
1507.04 of the Revised Code shall be paid into the state treasury 3,371
to the credit of the permit and lease fund, which is hereby 3,372
created. Notwithstanding any section of the Revised Code 3,373
80
relating to the distribution or crediting of fines for violations 3,374
of the Revised Code, all fines imposed under sections DIVISION 3,375
(A) OF SECTION 1505.99 and SECTION 1507.99 of the Revised Code 3,377
shall be paid into that fund. The fund shall be administered by 3,378
the department of natural resources for the protection of Lake 3,379
Erie shores and waters; investigation and prevention of erosion; 3,380
the planning, development, and construction of facilities for 3,381
recreational use of Lake Erie; implementation of section 1507.04 3,382
of the Revised Code; preparation of the state shore erosion plan 3,383
under section 1507.10 of the Revised Code; and state 3,385
administration of Lake Erie coastal erosion areas under sections 3,386
1506.06 and 1506.07 of the Revised Code.
Sec. 1509.01. As used in this chapter: 3,395
(A) "Well" means any borehole, whether drilled or bored, 3,397
within the state, for production, extraction, or injection of any 3,398
gas or liquid mineral, excluding potable water to be used as 3,399
such, but including natural or artificial brines and oil field 3,400
waters. 3,401
(B) "Oil" means crude petroleum oil and all other 3,403
hydrocarbons, regardless of gravity, that are produced in liquid 3,404
form by ordinary production methods, but does not include 3,405
hydrocarbons that were originally in a gaseous phase in the 3,406
reservoir. 3,407
(C) "Gas" means all natural gas and all other fluid 3,409
hydrocarbons THAT ARE not defined above as oil, including 3,410
condensate. 3,411
(D) "Condensate" means liquid hydrocarbons that were 3,413
originally in the gaseous phase in the reservoir. 3,414
(E) "Pool" means an underground reservoir containing a 3,416
common accumulation of oil or gas, or both, but does not include 3,417
a gas storage reservoir. Each zone of a geological structure 3,418
that is completely separated from any other zone in the same 3,419
structure may contain a separate pool. 3,420
(F) "Field" means the general area underlaid by one or 3,422
81
more pools. 3,423
(G) "Drilling unit" means the minimum acreage on which one 3,425
well may be drilled, but does not apply to a well for injecting 3,426
gas into or removing gas from a gas storage reservoir. 3,427
(H) "Waste" includes ALL OF THE FOLLOWING: 3,429
(1) Physical waste, as such THAT term is generally IS 3,432
understood in the oil and gas industry; 3,433
(2) Inefficient, excessive, or improper use, or the 3,435
unnecessary dissipation of, OF reservoir energy; 3,436
(3) Inefficient storing of oil or gas; 3,438
(4) Locating, drilling, equipping, operating, or producing 3,440
an oil or gas well in a manner that reduces or tends to reduce 3,441
the quantity of oil or gas ultimately recoverable under prudent 3,442
and proper operations from the pool into which it is drilled, or 3,443
that causes or tends to cause unnecessary or excessive surface 3,444
loss or destruction of oil or gas; 3,445
(5) Other underground or surface waste in the production 3,447
or storage of oil, gas, or condensate, however caused. 3,448
(I) "Correlative rights" means the reasonable opportunity 3,450
to every person entitled thereto to recover and receive the oil 3,451
and gas in and under his THE PERSON'S tract or tracts, or the 3,452
equivalent thereof, without having to drill unnecessary wells or 3,454
incur other unnecessary expense. 3,455
(J) "Tract" means a single, individually taxed parcel of 3,457
land appearing on the tax list. 3,458
(K) "Owner," unless referring to a mine, means the person 3,460
who has the right to drill on a tract or drilling unit and, to 3,461
drill into and produce from a pool, and to appropriate the oil or 3,462
gas that he produces PRODUCED therefrom either for himself THE 3,464
PERSON or for others, except that a person ceases to be an owner 3,465
with respect to a well when the well has been plugged in 3,466
accordance with applicable rules adopted and orders issued under 3,467
this chapter.
(L) "Royalty interest" means the fee holder's interest 3,469
82
SHARE in the production from a well, usually one-eighth of the 3,470
gross production. 3,471
(M) "Discovery well" means the first well capable of 3,473
producing oil or gas in commercial quantities from a pool. 3,474
(N) "Prepared clay" means a clay which THAT is plastic and 3,476
is thoroughly saturated with fresh water to a weight and 3,477
consistency great enough to settle through saltwater in the well 3,478
in which it is to be used, except as otherwise approved by the 3,479
chief of the division of oil and gas. 3,480
(O) "Rock sediment" means the combined cutting and residue 3,482
from drilling sedimentary rocks and formation. 3,483
(P) "Excavations and workings," "mine," and "pillar" have 3,485
the meaning set forth SAME MEANINGS AS in section 1561.01 of the 3,486
Revised Code. 3,487
(Q) "Coal bearing township" means a township designated as 3,489
such by the chief of the division of mines and reclamation under 3,490
section 1561.06 of the Revised Code. 3,491
(R) "Gas storage reservoir" means a continuous area of a 3,493
subterranean porous sand or rock stratum or strata into which gas 3,494
is or may be injected for the purpose of storing it therein and 3,495
removing it therefrom, and includes a gas storage reservoir as 3,496
defined in division (A) of section 1571.01 of the Revised Code. 3,498
(S) "Safe Drinking Water Act" means the "Safe Drinking 3,500
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), and any 3,501
amendments thereto AS AMENDED BY THE "SAFE DRINKING WATER 3,504
AMENDMENTS OF 1977," 91 STAT. 1393, 42 U.S.C.A. 300(f), THE "SAFE 3,506
DRINKING WATER ACT AMENDMENTS OF 1986," 100 STAT. 642, 42 3,508
U.S.C.A. 300(f), AND THE "SAFE DRINKING WATER ACT AMENDMENTS OF 3,510
1996," 110 STAT. 1613, 42 U.S.C.A. 300(f), AND REGULATIONS 3,513
ADOPTED UNDER THOSE ACTS. 3,514
(T) "Person" includes any political subdivision, 3,516
department, agency, or instrumentality of this state; the United 3,517
States and any department, agency, or instrumentality thereof; 3,518
and any legal entity defined as a person under section 1.59 of 3,519
83
the Revised Code. 3,520
(U) "Brine" means all saline geological formation water 3,522
resulting FROM, obtained FROM, or produced in connection with the 3,524
exploration, drilling, or production of oil or gas. 3,525
(V) "Waters of the state" means all streams, lakes, ponds, 3,527
marshes, watercourses, waterways, springs, irrigation systems, 3,528
drainage systems, and other bodies of water, surface or 3,529
underground, natural or artificial, that are situated wholly or 3,530
partially within this state or within its jurisdiction, except 3,531
those private waters that do not combine or effect a junction 3,532
with natural surface or underground waters. 3,533
(W) "Exempt Mississippian well" means a well that meets 3,535
all of the following criteria: 3,536
(1) Was drilled and completed before January 1, 1980; 3,538
(2) Is located in an unglaciated part of the state; 3,540
(3) Was completed in a reservoir no deeper than the 3,542
Mississippian Big Injun sandstone in areas underlain by 3,543
Pennsylvanian or Permian stratigraphy, or the Mississippian berea 3,544
sandstone in areas directly underlain by Permian stratigraphy; 3,545
and 3,546
(4) Is used primarily to provide oil or gas for domestic 3,548
use. 3,549
(X) "Exempt domestic well" means a well that meets all of 3,551
the following criteria: 3,552
(1) Is owned by the owner of the surface estate of the 3,554
tract on which the well is located; 3,555
(2) Is used primarily to provide gas for the owner's 3,557
domestic use; 3,558
(3) Is located more than two hundred feet horizontal 3,560
distance from any inhabited private dwelling house, other than an 3,561
inhabited private dwelling house located on the tract on which 3,562
the well is located; 3,563
(4) Is located more than two hundred feet horizontal 3,565
distance from any public building that may be used as a place of 3,566
84
resort, assembly, education, entertainment, lodging, trade, 3,567
manufacture, repair, storage, traffic, or occupancy by the 3,568
public. 3,569
Sec. 1509.06. An application for a permit to drill a new 3,579
well, drill an existing well deeper, reopen a well, convert a 3,580
well to any use other than its original purpose, or plug back a 3,581
well to a different source of supply shall be filed with the 3,582
chief of the division of oil and gas upon such form as the chief 3,583
prescribes and shall contain each of the following that is 3,584
applicable:
(A) The name and address of the owner and, if a 3,586
corporation, the name and address of the statutory agent; 3,587
(B) The signature of the owner or his THE OWNER'S 3,589
authorized agent. When an authorized agent signs an application, 3,591
it shall be accompanied by a certified copy of his THE 3,592
appointment as such agent. 3,593
(C) The names and addresses of all persons holding the 3,595
royalty interest in the tract upon which the well is located or 3,596
is to be drilled or within a proposed drilling unit; 3,597
(D) The location of the tract or drilling unit on which 3,599
the well is located or is to be drilled identified by section or 3,600
lot number, city, village, township, and county; 3,601
(E) Designation of the well by name and number; 3,603
(F) The geological formation to be tested or used and the 3,605
proposed total depth of the well; 3,606
(G) The type of drilling equipment to be used; 3,608
(H) The name and address of the corporate surety and the 3,610
identifying number of the bond; 3,611
(I) The plan for the storage and disposal of brine and 3,613
other waste substances resulting from, obtained from, or produced 3,614
in connection with exploration, drilling, or production of oil or 3,615
gas. The plan shall provide for compliance with sections 1509.22 3,616
to 1509.226 of the Revised Code. 3,617
(J) If the well is for the injection of a liquid, identity 3,619
85
of the geological formation to be used as the injection zone and 3,620
the composition of the liquid to be injected; 3,621
(K)(I) A sworn statement that all requirements of any 3,623
municipal corporation, county, or township having jurisdiction 3,624
over any activity related to the drilling or operation of an oil 3,625
or gas well that have been filed with the division of oil and gas 3,626
and are in effect at the time the application is filed, 3,627
including, but not limited to, zoning ordinances and resolutions 3,628
and the requirements of section 4513.34 of the Revised Code, will 3,629
be complied with until abandonment of the well; 3,630
(L)(J) A plan for restoration of the land surface 3,632
disturbed by drilling operations. The plan shall provide for 3,633
compliance with the restoration requirements of division (A) of 3,634
section 1509.072 of the Revised Code and any rules adopted by the 3,635
chief pertaining to that restoration. 3,636
(M)(K) A description by name or number of the county, 3,638
township, and municipal corporation roads, streets, and highways 3,639
that the applicant anticipates will be used for access to and 3,640
egress from the well site; 3,641
(N)(L) Such other relevant information as the chief 3,643
prescribes by rule. 3,644
Each application shall be accompanied by a map, on a scale 3,646
not smaller than four hundred feet to the inch, prepared by an 3,647
Ohio registered surveyor, showing the location of the well and 3,648
containing such other data as may be prescribed by the chief. If 3,649
the well is or is to be located within the excavations and 3,650
workings of a mine, the map also shall include the location of 3,651
the mine, the name of the mine, and the name of the person 3,652
operating the mine. 3,653
The chief shall cause a copy of the weekly circular 3,655
prepared by the division of oil and gas to be provided to the 3,656
county engineer of each county that contains active or proposed 3,657
drilling activity. The weekly circular shall contain, in the 3,658
manner prescribed by the chief, the names of all applicants for 3,659
86
permits, the location of each well or proposed well, the 3,660
information required by division (M)(K) of this section, and any 3,662
additional information the chief prescribes. 3,663
The chief shall not issue a permit for at least ten days 3,666
after the date of filing of the application for the permit 3,667
unless, upon reasonable cause shown, he THE CHIEF waives that 3,668
period or a request for expedited review is filed under this 3,670
section. However, the chief shall issue a permit within 3,671
twenty-one days of the filing of the application unless he THE 3,672
CHIEF denies the application by order.
An applicant may file a request with the chief for 3,674
expedited review of his A permit application if the well is not 3,675
or is not to be located in a gas storage reservoir or reservoir 3,677
protective area, as "reservoir protective area" is defined in 3,678
section 1571.01 of the Revised Code. If the well is or is to be 3,679
located in a coal bearing township, the application shall be 3,680
accompanied by the affidavit of the landowner prescribed in 3,681
section 1509.08 of the Revised Code. On the first business day 3,682
of each week, the chief shall issue a policy memorandum 3,684
indicating the number of requests for expedited review that he 3,685
will accept for review during the week immediately following the 3,686
week in which the policy memorandum is issued. The chief shall 3,687
make each policy memorandum available to the public. 3,688
In addition to a complete application for a permit that 3,690
meets the requirements of this section and the permit fee 3,691
prescribed by this section, a request for expedited review shall 3,692
be accompanied by a separate nonrefundable filing fee of five 3,694
hundred dollars. Upon the filing of a request for expedited 3,695
review, the chief shall cause the chief of the division of mines
and reclamation and the county engineer of the county in which 3,696
the well is or is to be located to be notified of the filing of 3,697
the permit application and the request for expedited review by 3,698
telephone or such other means as THAT in the judgment of the 3,699
chief would WILL provide timely notice of the application and 3,701
87
request. When a request for expedited review is filed, the chief 3,702
immediately shall begin to process the application, but shall not 3,703
issue the permit for at least five days after the date of the 3,704
filing of the request. The chief shall issue a permit within 3,705
seven days of the filing of the request unless he THE CHIEF 3,706
denies the application by order. Notwithstanding the provisions 3,707
of this section governing expedited review of permit 3,708
applications, the chief may refuse to accept requests for 3,709
expedited review if, in his THE CHIEF'S judgment, the acceptance 3,711
of the requests would prevent the issuance, within twenty-one 3,712
days of their filing, of permits for which applications are 3,713
pending.
A well shall be drilled and operated in accordance with the 3,715
plans, sworn statements, and other information submitted in the 3,716
approved application. 3,717
The chief shall issue an order denying a permit if the 3,719
chief finds that there is a substantial risk that the operation 3,720
will result in violations of this chapter or rules adopted 3,721
thereunder UNDER IT that will present an imminent danger to 3,722
public health or safety or damage to the environment, provided 3,724
that where the chief finds that terms or conditions to the permit 3,725
can reasonably be expected to prevent such violations, the chief 3,726
shall issue the permit subject to those terms or conditions. 3,727
Each application for a permit required by section 1509.05 3,729
of the Revised Code, except an application for a well drilled or 3,730
reopened for purposes of section 1509.22 of the Revised Code, 3,731
also shall be accompanied by a nonrefundable fee of two hundred 3,732
fifty dollars. 3,733
The chief may order the immediate suspension of drilling, 3,735
operating, or plugging activities if he finds AFTER FINDING THAT 3,736
any person is causing, engaging in, or maintaining a condition or 3,738
activity which THAT in his THE CHIEF'S judgment presents an 3,739
imminent danger to public health or safety or results in or is 3,742
likely to result in immediate substantial damage to natural 3,743
88
resources or for nonpayment of the fee required by this section. 3,744
The chief may order the immediate suspension of the drilling or 3,745
reopening of a well if he is AFTER BEING so requested by the 3,746
chief of the division of mines and reclamation under section 3,748
1509.08 of the Revised Code. Before issuing any such order, the 3,749
chief shall notify the owner in such manner as in the chief's 3,750
judgment would provide reasonable notification that he THE CHIEF 3,751
intends to issue a suspension order. The chief may issue such an 3,753
order without prior notification if reasonable attempts to notify 3,754
the owner have failed, but in such an event notification shall be 3,755
given as soon thereafter as practical. Within five calendar days 3,756
after the issuance of the order, the chief shall provide the 3,757
owner an opportunity to be heard and to present evidence that the 3,758
condition or activity is not likely to result in immediate 3,759
substantial damage to natural resources or does not present an 3,760
imminent danger to public health or safety. Notwithstanding any 3,761
provision of this chapter, the owner may appeal the order 3,762
directly to the court of common pleas of the county in which the 3,763
activity is located.
Sec. 1509.07. An owner of any well, except an exempt 3,773
Mississippian well or an exempt domestic well, shall file with 3,774
the division of oil and gas a certificate issued by an insurance 3,775
company authorized to do business in this state certifying that 3,776
the owner has in force OBTAIN liability insurance coverage FROM A 3,778
COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE in an amount of 3,779
not less than three hundred thousand dollars bodily injury
coverage and three hundred thousand dollars property damage 3,780
coverage to pay damages for injury to persons or damage to 3,781
property caused by the drilling, operation, or plugging of all 3,782
the owner's wells in this state. The owner shall maintain that 3,783
coverage until all his THE OWNER'S wells are plugged and 3,784
abandoned as required by law. The policy or policies providing 3,785
that coverage OWNER shall require the PROVIDE PROOF OF LIABILITY 3,787
insurance company to give notice COVERAGE to the chief of the 3,789
89
division of oil and gas if the policy or policies lapse for any
reason UPON REQUEST. Upon any such termination of coverage 3,791
FAILURE OF THE OWNER TO PROVIDE THAT PROOF WHEN REQUESTED, the 3,792
chief may order the suspension of any outstanding permits and 3,793
operations of the owner until the owner obtains PROVIDES PROOF OF 3,794
the required insurance coverage.
An EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN owner 3,796
of any well, before being issued a permit under section 1509.06 3,798
of the Revised Code, shall execute and file with the division OF 3,799
OIL AND GAS a surety bond conditioned on compliance with the 3,800
restoration requirements of section 1509.072, THE plugging 3,801
requirements of section 1509.12, THE permit provisions of section 3,802
1509.13 of the Revised Code, and all rules and orders of the 3,803
chief relating thereto, in an amount set by rule of the chief. 3,804
The owner may deposit with the chief, instead of a surety 3,806
bond, cash in an amount equal to the surety bond as prescribed in 3,807
PURSUANT TO this section or negotiable certificates of deposit or 3,808
irrevocable letters of credit, issued by any bank organized or 3,811
transacting business in this state or by any savings and loan 3,812
association as defined in section 1151.01 of the Revised Code, 3,813
having a cash value equal to or greater than the amount of the 3,814
surety bond as prescribed in PURSUANT TO this section. Cash or 3,815
certificates of deposit shall be deposited upon the same terms as 3,817
those upon which surety bonds may be deposited. If certificates 3,818
of deposit are deposited with the chief instead of a surety bond, 3,819
he THE CHIEF shall require the bank or savings and loan 3,821
association that issued any such certificate to pledge securities 3,822
of a cash value equal to the amount of the certificate that is in 3,823
excess of the amount insured by any of the agencies and 3,824
instrumentalities created under the "Federal Deposit Insurance 3,825
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and 3,826
regulations adopted under it, including at least the federal 3,827
deposit insurance corporation, bank insurance fund, and savings 3,828
association insurance fund. The securities shall be security for 3,829
90
the repayment of the certificate of deposit. 3,830
Immediately upon a deposit of cash, certificates of 3,833
deposit, or letters of credit with the chief, he THE CHIEF shall 3,834
deliver them to the treasurer of state who shall hold them in 3,835
trust for the purposes for which they have been deposited. 3,836
Instead of a surety bond, the chief may accept proof of 3,838
financial responsibility consisting of a sworn financial 3,839
statement showing a net financial worth within this state equal 3,840
to twice the amount of the bond for which it substitutes and, as 3,841
may be required by the chief, a list of producing properties of 3,842
the owner within this state or such other evidence showing 3,843
ability and intent to comply with the law and rules concerning 3,844
restoration and plugging as THAT may be required by rule of the 3,845
chief. THE OWNER OF AN EXEMPT DOMESTIC OR EXEMPT MISSISSIPPIAN 3,846
WELL IS NOT REQUIRED TO FILE SCHEDULED UPDATES OF THE FINANCIAL 3,847
DOCUMENTS, BUT SHALL FILE UPDATES OF THOSE DOCUMENTS IF REQUESTED 3,848
TO DO SO BY THE CHIEF. THE OWNER OF A NONEXEMPT DOMESTIC OR 3,849
NONEXEMPT MISSISSIPPIAN WELL SHALL FILE UPDATES OF THE FINANCIAL 3,850
DOCUMENTS IN ACCORDANCE WITH A SCHEDULE ESTABLISHED BY RULE OF 3,851
THE CHIEF. The chief may require at any time updating of the 3,852
documents filed and, upon determining that an owner for whom the 3,853
chief has accepted proof of financial responsibility instead of 3,854
bond cannot demonstrate financial responsibility, shall order 3,855
that the owner execute and file a bond or deposit cash, 3,856
certificates of deposit, or irrevocable letters of credit as 3,857
required by this section for the wells specified in the order 3,859
within ten days of receipt of the order. If the order is not 3,860
complied with, all wells of the owner that are specified in the 3,861
order and for which no bond is filed or cash, certificates of 3,862
deposit, or letters of credit are deposited shall be plugged. No 3,863
owner shall fail or refuse to plug such a well. Each day on 3,864
which such a well remains unplugged thereafter constitutes a 3,865
separate offense.
The surety bond provided for in this section shall be 3,867
91
executed by a surety company authorized to do business in this 3,868
state. 3,869
The chief shall not approve any bond until it is personally 3,871
signed and acknowledged by both principal and surety, or as to 3,872
either by his THE PRINCIPAL'S OR SURETY'S attorney in fact, with 3,873
a certified copy of the power of attorney attached thereto. The 3,875
chief shall not approve a bond unless there is attached a 3,876
certificate of the superintendent of insurance that the company 3,877
is authorized to transact a fidelity and surety business in this 3,878
state.
All bonds shall be given in a form to be prescribed by the 3,880
chief and shall run to the state as obligee. 3,881
AN OWNER OF AN EXEMPT MISSISSIPPIAN WELL OR AN EXEMPT 3,884
DOMESTIC WELL, IN LIEU OF FILING A SURETY BOND, CASH IN AN AMOUNT 3,886
EQUAL TO THE SURETY BOND, CERTIFICATES OF DEPOSIT, IRREVOCABLE 3,887
LETTERS OF CREDIT, OR A SWORN FINANCIAL STATEMENT, MAY FILE A 3,888
ONE-TIME FEE OF FIFTY DOLLARS, WHICH SHALL BE DEPOSITED IN THE 3,889
OIL AND GAS WELL PLUGGING FUND CREATED IN SECTION 1509.071 OF THE 3,890
REVISED CODE. 3,891
Sec. 1509.071. (A) When the chief of the division of oil 3,900
and gas finds that an owner has failed to comply with the 3,901
restoration requirements of section 1509.072, plugging 3,902
requirements of section 1509.12, or permit provisions of section 3,903
1509.13 of the Revised Code, or rules and orders relating 3,904
thereto, the chief shall make a finding of that fact and declare 3,906
any surety bond filed to ensure compliance with those sections 3,907
and rules forfeited in the amount set by rule of the chief. The 3,908
chief thereupon shall certify the total forfeiture to the 3,909
attorney general, who shall proceed to collect the amount thereof 3,910
OF THE FORFEITURE.
In lieu of total forfeiture, the surety, at its option, may 3,912
cause the well to be properly plugged and abandoned and the area 3,913
properly restored or pay to the treasurer of state the cost 3,914
thereof OF PLUGGING AND ABANDONMENT. 3,915
92
(B) All moneys collected on account BECAUSE of forfeitures 3,917
of bonds as provided in this section shall be deposited in the 3,919
state treasury to the credit of the oil and gas well plugging 3,920
fund, which is hereby created. The fund shall be expended by the 3,921
chief for the following purposes: 3,922
(1) In accordance with division (D) of this section, to 3,924
plug wells or to restore the land surface properly as required in 3,928
section 1509.072 of the Revised Code for which such THE bonds
have been forfeited, for abandoned wells for which no funds are 3,930
available to plug such THE wells in accordance with this chapter, 3,932
or to use abandoned wells for the injection of oil or gas 3,933
production wastes; 3,934
(2) In accordance with division (E) of this section, to 3,936
correct conditions that the chief reasonably has determined are 3,938
causing imminent health or safety risks. 3,939
Expenditures from the fund shall be made only for lawful 3,941
purposes. 3,942
(C)(1) Upon determining that the owner of a well has 3,945
failed to properly plug and abandon it or to properly restore the 3,946
land surface at the well site in compliance with the applicable 3,947
requirements of this chapter and applicable rules adopted and 3,948
orders issued under it or that a well is an abandoned well for 3,949
which no funds are available to plug the well in accordance with 3,950
this chapter, the chief shall do all of the following: 3,951
(a) Determine from the records in the office of the county 3,954
recorder of the county in which the well is located the identity 3,955
of the owner of the land on which the well is located, the
identity of the owner of the oil or gas lease under which the 3,956
well was drilled or the identity of each person owning an 3,957
interest in the lease, and the identities of the persons having 3,958
legal title to, or a lien upon, any of the equipment appurtenant 3,959
to the well; 3,960
(b) Mail notice to the owner of the land on which the well 3,963
is located informing the landowner that the well is to be 3,964
93
plugged. If the owner of the oil or gas lease under which the 3,965
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 3,966
lease, the chief also shall mail notice that the well is to be 3,967
plugged to the owner of the lease or to each person owning an 3,968
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 3,971
lien upon, any equipment appurtenant to the well, informing the 3,972
person that the well is to be plugged and offering the person the 3,973
opportunity to plug the well and restore the land surface at the 3,974
well site at the person's own expense in order to avoid 3,975
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 3,978
of this section plugs the well within sixty days after the 3,979
mailing of the notice required by that division, all equipment 3,980
appurtenant to the well is hereby declared to be forfeited to 3,981
this state without compensation and without the necessity for any 3,983
action by the state for use to defray the cost of plugging and 3,984
abandoning the well and restoring the land surface at the well 3,985
site.
(D) Expenditures from the fund for the purpose of division 3,987
(B)(1) of this section shall be made in accordance with either of 3,989
the following:
(1) The expenditures may be made pursuant to contracts 3,991
entered into by the chief with persons who agree to furnish all 3,993
of the materials, equipment, work, and labor as specified and 3,994
provided in such a contract. Agents or employees of persons 3,995
contracting with the chief for the restoration, plugging, and 3,996
injection projects may enter upon any land, public or private, 3,997
for which a project has been approved by the controlling board 3,998
and on which the well is located, for the purpose of performing 3,999
the work. Prior to such entry, the chief shall give to the 4,000
following persons written notice of the existence of a contract 4,001
for a project to restore, plug, or inject oil or gas production 4,002
94
wastes into a well, the names of the persons with whom the 4,003
contract is made, and the date that the project will commence: 4,004
the owner of the well, the owner of the land upon which the well 4,005
is located, the owner or agents of adjoining land, and, if the 4,006
well is located in the same township as or in a township adjacent 4,007
to the excavations and workings of a mine and the owner or lessee 4,008
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 4,009
preceding three years, the owner or lessee of the mine. 4,010
The chief periodically shall submit project proposals under 4,012
division (D)(1) of this section to the controlling board, 4,014
together with benefit and cost data and other pertinent 4,015
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 4,017
plugging, or injection projects that are approved by the 4,018
controlling board, and expenditures for a particular project may 4,019
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 4,022
who has received notice under division (C)(1)(b) of this section 4,023
may plug the well and be reimbursed by the division for the 4,024
reasonable cost of plugging the well. In order to plug the well, 4,025
the landowner shall submit an application to the chief on a form 4,026
prescribed by the chief and approved by the technical advisory 4,027
council on oil and gas created in section 1509.38 of the Revised 4,029
Code. The application, at a minimum, shall require the landowner 4,030
to provide the same information as is required to be included in 4,031
the application for a permit to plug and abandon under section 4,032
1509.13 of the Revised Code. The application shall be 4,033
accompanied by a copy of a proposed contract to plug the well 4,034
prepared by a contractor regularly engaged in the business of 4,035
plugging oil and gas wells. The proposed contract shall require 4,036
the contractor to furnish all of the materials, equipment, work, 4,037
and labor necessary to properly plug the well PROPERLY and shall 4,038
specify the price for doing the work, including a credit for the 4,040
95
equipment appurtenant to the well that was forfeited to the state 4,041
through the operation of division (C)(2) of this section. The 4,042
application also shall be accompanied by the permit fee required 4,043
by section 1509.13 of the Revised Code unless the chief, in the 4,044
chief's discretion, waives payment of the permit fee. If the 4,045
chief waives payment of the permit fee in connection with an 4,046
application, the chief shall certify the amount of the fee to the 4,047
director of budget and management for transfer from the oil and 4,048
gas well plugging fund to the oil and gas permit fund created in 4,049
section 1509.02 of the Revised Code. The application constitutes 4,051
an application for a permit to plug and abandon the well for the 4,052
purposes of section 1509.13 of the Revised Code. 4,053
(b) Within thirty days after receiving an application and 4,056
accompanying proposed contract under division (D)(2)(a) of this 4,058
section, the chief shall determine whether the plugging would 4,059
comply with the applicable requirements of this chapter and 4,060
applicable rules adopted and orders issued under it and whether 4,061
the cost of the plugging under the proposed contract is 4,062
reasonable. If the chief determines that the proposed plugging 4,064
would comply with those requirements and that the proposed cost 4,065
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 4,066
permit to plug and abandon the well under section 1509.13 of the 4,067
Revised Code. Upon approval of the application and proposed 4,069
contract, the chief shall transfer ownership of the equipment 4,070
appurtenant to the well to the landowner. The chief may 4,071
disapprove an application submitted under division (D)(2)(a) of 4,073
this section if the chief determines that the proposed plugging 4,074
would not comply with the applicable requirements of this chapter 4,075
and applicable rules adopted and orders issued under it, that the 4,076
cost of the plugging under the proposed contract is unreasonable, 4,077
or that the proposed contract is not a bona fide, arms length 4,078
contract.
(c) After receiving the chief's notice of the approval of 4,081
96
the application and permit to plug and abandon a well under 4,082
division (D)(2)(b) of this section, the landowner shall enter 4,083
into the proposed contract to plug the well. The plugging shall 4,084
be completed within one hundred eight days after the landowner 4,085
receives the notice of approval and permit. 4,086
(d) Upon determining that the plugging has been completed 4,089
within the time required by division (D)(2)(c) of this section 4,091
and has been completed in compliance with the applicable 4,092
requirements of this chapter and applicable rules adopted and 4,093
orders issued under it, the chief shall reimburse the landowner 4,094
for the cost of the plugging, as set forth in the proposed 4,095
contract approved by the chief. The reimbursement shall be paid 4,096
from the oil and gas well plugging fund. If the chief determines 4,097
that the plugging was not completed within the required time or 4,098
was not completed in accordance with the applicable requirements, 4,099
the chief shall not reimburse the landowner for the cost of the 4,100
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 4,102
possession of the equipment appurtenant to the well that 4,104
previously was transferred to the landowner under division 4,105
(D)(2)(b) of this section. If any such equipment was removed 4,106
from the well during the plugging and sold, the landowner shall 4,107
pay to the chief the proceeds from the sale of the equipment, and 4,108
the chief promptly shall pay the moneys so received to the 4,109
treasurer of state for deposit into the oil and gas well plugging 4,110
fund.
The chief may establish an annual limit on the number of 4,112
wells that may be plugged under division (D)(2) of this section 4,114
or an annual limit on the expenditures to be made under that 4,115
division.
As used in division (D)(2) of this section, "plug" and 4,119
"plugging" include the plugging of the well and the restoration 4,120
of the land surface disturbed by the plugging.
(E) Expenditures from the fund for the purpose of division 4,122
97
(B)(2) of this section may be made pursuant to contracts entered 4,124
into by the chief with persons who agree to furnish all of the 4,125
materials, equipment, work, and labor as specified and provided 4,126
in such a contract. The competitive bidding requirements of 4,127
Chapter 153. of the Revised Code do not apply if the chief
reasonably determines that correction of the applicable health or 4,128
safety risk requires immediate action. The chief, designated 4,129
representatives of the chief, and agents or employees of persons 4,130
contracting with the chief under this division may enter upon any 4,132
land, public or private, for the purpose of performing the work. 4,133
(F) Contracts entered into by the chief under this section 4,136
are not subject to either of the following: 4,137
(1) Chapter 4115. of the Revised Code; 4,139
(2) Section 153.54 of the Revised Code, except that the 4,142
contractor shall obtain and provide to the chief as a bid 4,143
guaranty a surety bond or letter of credit in an amount equal to 4,144
ten per cent of the amount of the contract. 4,145
(G) THE OWNER OF LAND ON WHICH A WELL IS LOCATED WHO HAS 4,148
RECEIVED NOTICE UNDER DIVISION (C)(1)(b) OF THIS SECTION, IN LIEU 4,151
OF PLUGGING THE WELL IN ACCORDANCE WITH DIVISION (D)(2) OF THIS 4,152
SECTION, MAY CAUSE OWNERSHIP OF THE WELL TO BE TRANSFERRED TO AN 4,153
OWNER WHO IS LAWFULLY DOING BUSINESS IN THIS STATE AND WHO HAS 4,154
MET THE FINANCIAL RESPONSIBILITY REQUIREMENTS ESTABLISHED UNDER 4,155
SECTION 1509.07 OF THE REVISED CODE, SUBJECT TO THE APPROVAL OF 4,158
THE CHIEF. THE TRANSFER OF OWNERSHIP ALSO SHALL BE SUBJECT TO 4,159
THE LANDOWNER'S FILING THE APPROPRIATE FORMS REQUIRED UNDER THIS 4,160
CHAPTER AND PROVIDING TO THE CHIEF SUFFICIENT INFORMATION TO 4,161
DEMONSTRATE THE LANDOWNER'S OR OWNER'S RIGHT TO PRODUCE A
FORMATION OR FORMATIONS. THAT INFORMATION MAY INCLUDE A DEED, A 4,162
LEASE, OR OTHER DOCUMENTATION OF OWNERSHIP OR PROPERTY RIGHTS. 4,164
THE CHIEF SHALL APPROVE OR DISAPPROVE THE TRANSFER OF 4,166
OWNERSHIP OF THE WELL. IF THE CHIEF APPROVES THE TRANSFER, THE 4,167
OWNER IS RESPONSIBLE FOR OPERATING THE WELL IN ACCORDANCE WITH 4,168
THIS CHAPTER AND RULES ADOPTED UNDER IT, INCLUDING, WITHOUT 4,169
98
LIMITATION, ALL OF THE FOLLOWING: 4,170
(1) FILING AN APPLICATION WITH THE CHIEF UNDER SECTION 4,172
1509.06 OF THE REVISED CODE IF THE OWNER INTENDS TO DRILL DEEPER 4,175
OR PRODUCE A FORMATION THAT IS NOT LISTED IN THE RECORDS OF THE 4,176
DIVISION FOR THAT WELL;
(2) TAKING TITLE TO AND POSSESSION OF THE EQUIPMENT 4,178
APPURTENANT TO THE WELL THAT HAS BEEN IDENTIFIED BY THE CHIEF AS 4,179
HAVING BEEN ABANDONED BY THE FORMER OWNER; 4,180
(3) COMPLYING WITH ALL APPLICABLE REQUIREMENTS THAT ARE 4,183
NECESSARY TO DRILL DEEPER, PLUG THE WELL, OR PLUG BACK THE WELL. 4,184
Sec. 1509.072. No oil or gas well owner or his agent OF AN 4,193
OIL OR GAS WELL OWNER shall fail to restore the land surface 4,194
within the area disturbed in siting, drilling, completing, and 4,195
producing the well as required in this section. 4,196
(A) Within five months after the date upon which the 4,198
surface drilling of a well is commenced, the owner or his THE 4,199
OWNER'S agent shall, in accordance with his THE restoration plan 4,202
filed under division (L)(J) of section 1509.06 of the Revised 4,203
Code, SHALL fill all the pits for containing brine, other waste 4,205
substances resulting, obtained, or produced in connection with 4,206
exploration, OR drilling FOR, or production of, oil or gas, or 4,207
oil that are not required by other state or federal law or 4,210
regulation, and remove all concrete bases, drilling supplies, and 4,211
drilling equipment. Within nine months after the date upon which 4,212
the surface drilling of a well is commenced, the owner or his THE 4,213
OWNER'S agent shall grade or terrace and plant, seed, or sod the 4,215
area disturbed that is not required in production of the well, 4,216
where necessary to bind the soil and prevent substantial erosion 4,217
and sedimentation. If the chief of the division of oil and gas 4,218
finds that a pit used for containing brine, other waste 4,219
substances, or oil is in violation of section 1509.22 of the 4,220
Revised Code or rules adopted or orders issued thereunder UNDER 4,221
IT, the chief may require the pit to be emptied and closed before 4,223
expiration of the five-month restoration period.
99
(B) Within six months after a well that has produced oil 4,225
or gas is plugged, or after the plugging of a dry hole, the owner 4,226
or his THE OWNER'S agent shall remove all production and storage 4,227
structures, supplies, and equipment, and any oil, salt water, and 4,229
debris, and fill any remaining excavations. Within such THAT 4,230
period the owner or his THE OWNER'S agent shall grade or terrace 4,232
and plant, seed, or sod the area disturbed, where necessary to 4,234
bind the soil and prevent substantial erosion and sedimentation. 4,235
The owner shall be released from responsibility to perform 4,237
any or all restoration requirements of this section on any part 4,238
or all of the area disturbed, upon the filing of a request for a 4,239
waiver with and obtaining the written approval of the chief, 4,240
which request shall be signed by the surface owner to certify the 4,241
approval of the surface owner of the release sought. The chief 4,242
shall approve such THE request unless he THE CHIEF finds upon 4,244
inspection that the waiver would be likely to result in 4,246
substantial damage to adjoining property, substantial 4,247
contamination of surface or underground water, or substantial 4,248
erosion or sedimentation.
The chief may, by order, MAY shorten the time periods 4,250
provided for under division (A) or (B) of this section if failure 4,251
to shorten the periods would be likely to result in damage to 4,252
public health or the waters or natural resources of the state. 4,253
The chief may, upon written application by an owner or his 4,255
AN OWNER'S agent showing reasonable cause, MAY extend the period 4,256
within which restoration shall be completed under divisions (A) 4,258
and (B) of this section, but not to exceed a further six-month 4,259
period, except under extraordinarily adverse weather conditions 4,260
or when essential equipment, fuel, or labor is unavailable to the 4,261
owner or his THE OWNER'S agent. 4,262
If the chief refuses to approve a request for waiver or 4,264
extension, he THE CHIEF shall do so by order. 4,265
Sec. 1509.13. No person shall plug and abandon a well 4,274
without having a permit to do so issued by the chief of the 4,275
100
division of oil and gas. The permit shall be issued by the chief 4,276
in accordance with this chapter, and the chief may by rule 4,277
establish BY RULE a period of time from date of issue during 4,278
which permits will be valid. Application by the owner for a 4,279
permit to plug and abandon shall be filed as many days in advance 4,280
as will be necessary for an oil and gas well inspector or, if the 4,281
well is located in a coal bearing township, the gas storage well 4,282
inspector or a deputy mine inspector to be present at the 4,283
plugging. The application shall be filed with the chief of the 4,284
division of oil and gas upon such A form as THAT the chief 4,286
prescribes and shall contain the following information: 4,287
(A) The name and address of the owner; 4,289
(B) The signature of the owner or his THE OWNER'S 4,291
authorized agent. When an authorized agent signs an application, 4,293
it shall be accompanied by a certified copy of his THE 4,294
appointment as such THAT agent. 4,295
(C) The location of the well identified by section or lot 4,297
number, city, village, township, and county; 4,298
(D) Designation of well by name and number; 4,300
(E) The total depth of the well to be plugged; 4,302
(F) The date and amount of last production from the well; 4,304
(G) Such other OTHER data as THAT the chief may require. 4,307
If oil or gas has been produced from the well, the 4,309
application shall be accompanied by a fee of fifty dollars. If a 4,310
new dry well has been drilled in accordance with law and the 4,311
permit is still valid, the permit holder may receive approval to 4,312
plug the well from an oil and gas well inspector or, if the well 4,313
is located in a coal bearing township, the gas storage well 4,314
inspector or a deputy mine inspector so that the well can be 4,315
plugged and abandoned without undue delay. No well located 4,316
outside a coal bearing township shall be plugged and abandoned 4,317
without an oil and gas well inspector present unless permission 4,318
has been granted by the chief of the division of oil and gas, and 4,319
no well located within a coal bearing township shall be plugged 4,320
101
and abandoned without the gas storage well inspector or a deputy 4,321
mine inspector present unless permission has been granted by the 4,322
chief of the division of mines and reclamation. The owner of the 4,324
well shall give written notice at the same time to the owner of 4,325
the land upon which the well is located, the owners or agents of 4,326
adjoining land, adjoining well owners or agents, and, if the well 4,327
penetrates or passes within one hundred feet of the excavations 4,328
and workings of a mine, the owner or lessee of that mine, of his 4,329
THE WELL OWNER'S intention to abandon the well and of the time 4,330
when he THE WELL OWNER will be prepared to commence plugging it. 4,331
An applicant may file a request with the chief of the 4,333
division of oil and gas for expedited review of an application 4,334
for a permit to plug and abandon a well. The chief shall MAY 4,335
refuse to accept a request for expedited review after three such 4,337
requests have been filed in a week, and shall not accept more 4,338
than one request from the same applicant in any week IF, IN THE 4,339
CHIEF'S JUDGMENT, ACCEPTANCE OF THE REQUEST WILL PREVENT THE 4,340
ISSUANCE, WITHIN TWENTY-ONE DAYS OF FILING, OF PERMITS FOR WHICH 4,341
APPLICATIONS FILED UNDER SECTION 1509.06 OF THE REVISED CODE ARE 4,342
PENDING. In addition to a complete application for a permit that 4,343
meets the requirements of this section and the permit fee 4,344
prescribed by this section, if applicable, a request shall be 4,345
accompanied by a nonrefundable filing fee of two hundred fifty 4,346
dollars unless the chief has ordered the applicant to plug and 4,347
abandon the well. When a request for expedited review is filed, 4,348
the chief shall immediately begin to process the application and 4,349
shall issue a permit within seven days of the filing of the 4,350
request unless he THE CHIEF, by order, denies the application. 4,352
Upon filing of an application for a permit to plug and 4,354
abandon a well that is located in a coal bearing township, the 4,355
chief shall cause the chief of the division of mines and 4,356
reclamation to be notified of the filing of the permit 4,357
application by telephone or such other means as THAT in the 4,358
judgment of the chief would provide timely notice of the 4,360
102
application.
This section does not apply to a well plugged or abandoned 4,362
in compliance with section 1571.05 of the Revised Code. 4,364
Sec. 1509.14. Any person who abandons a well, when written 4,373
permission has been granted by the chief of the division of oil 4,374
and gas or the chief of the division of mines and reclamation to 4,376
abandon and plug such THE well without an inspector being present 4,377
to supervise the plugging, shall make a written report of such 4,379
THE abandonment to the chief who OF THE DIVISION OF OIL AND GAS 4,380
REGARDLESS OF WHICH CHIEF granted such permission FOR THE 4,381
ABANDONMENT. The report SHALL BE SUBMITTED TO THE CHIEF OF THE 4,383
DIVISION OF OIL AND GAS NOT LATER THAN THIRTY DAYS AFTER THE DATE 4,384
OF ABANDONMENT AND shall include ALL OF the following: 4,386
(A) The date of abandonment; 4,388
(B) The name of the owner or operator of such THE well at 4,390
the time of abandonment and his THE post-office address OF THE 4,391
OWNER OR OPERATOR; 4,393
(C) The location of such THE well as to township and 4,395
county and the name of the owner of the surface upon which such 4,396
THE well is drilled, with the address thereof; 4,398
(D) The date of the permit to drill; 4,400
(E) The date when drilled; 4,402
(F) Whether such well has been mapped; 4,404
(G) The depth of the well; 4,406
(H)(G) The depth of the top of the formation to which the 4,408
well was drilled; 4,409
(I)(H) The depth of each seam of coal drilled through; 4,411
(J)(I) A detailed report as to how such THE well was 4,414
plugged, giving in particular the manner in which the coal and 4,415
various formations were plugged, and the date of the plugging of 4,416
such THE well, including therein the names of those who witnessed 4,418
the plugging of the well. 4,419
Such THE report shall be signed by the owner or operator, 4,421
OR THE agent thereof OF THE OWNER OR OPERATOR, who abandons and 4,423
103
plugs such THE well and verified by the oath of the party so 4,425
signing. For the purposes of this section, the oil and gas well 4,426
inspectors, gas storage well inspectors, or deputy mine 4,427
inspectors may take acknowledgments and administer oaths to the 4,428
parties signing such THE report.
Sec. 1509.22. (A) Except when acting in accordance with 4,437
section 1509.226 of the Revised Code, no person shall place or 4,438
cause to be placed brine in surface or ground water or in or on 4,439
the land in such quantities or in such manner as actually causes 4,440
or could reasonably be anticipated to cause EITHER OF THE 4,441
FOLLOWING:
(1) Water used for consumption by humans or domestic 4,443
animals to exceed the standards of the "Safe Drinking Water Act"; 4,445
or 4,446
(2) Damage or injury to public health or safety or the 4,448
environment. 4,449
(B) No person shall store or dispose of brine in violation 4,451
of a plan approved under division (I) of section 1509.06 of the 4,452
Revised Code, division (A) of section 1509.222 of the Revised 4,453
Code, or section 1509.226 of the Revised Code, in violation of a 4,454
resolution submitted under section 1509.226 of the Revised Code, 4,455
or in violation of rules or orders applicable to such THOSE plans 4,457
or resolutions. 4,458
(C) The chief of the division of oil and gas shall adopt 4,460
rules and issue orders regarding storage and disposal of brine 4,461
and other waste substances; however, the storage and disposal of 4,462
brine and the chief's rules relating thereto TO STORAGE AND 4,463
DISPOSAL are subject to ALL OF the following standards: 4,464
(1) Brine from any well except an exempt Mississippian 4,466
well shall only be disposed of ONLY by injection into an 4,467
underground formation, including annular disposal if approved by 4,469
rule of the chief, which injection shall be subject to division 4,470
(D) of this section; by surface application in accordance with 4,471
section 1509.226 of the Revised Code; in association with a 4,472
104
method of enhanced recovery as provided in section 1509.21 of the 4,473
Revised Code; or by other methods approved by the chief for 4,474
testing or implementing a new technology or method of disposal. 4,475
Brine from exempt Mississippian wells shall not be discharged 4,476
directly into the waters of the state. 4,477
(2) Muds, cuttings, and other waste substances shall not 4,479
be disposed of in violation of any rule; 4,480
(3) Pits may be used for containing brine and other waste 4,482
substances resulting FROM, obtained FROM, or produced in 4,483
connection with drilling, fracturing, reworking, reconditioning, 4,485
plugging back, or plugging operations, but such THE pits shall be 4,486
constructed and maintained to prevent the escape of brine and 4,488
such OTHER WASTE substances. A dike or pit may be used for spill 4,490
prevention and control. A dike or pit so used shall be 4,491
constructed and maintained to prevent the escape of brine, and 4,492
the reservoir within such a dike or pit shall be kept reasonably 4,493
free of brine and other waste substances. 4,494
(4) Earthen impoundments constructed pursuant to the 4,496
division's specifications may be used for the temporary storage 4,497
of brine and other waste substances in association with a 4,498
saltwater injection well, an enhanced recovery project, or a 4,499
solution mining project; 4,500
(5) No pit, earthen impoundment, or dike shall be used for 4,502
the temporary storage of brine except in accordance with 4,503
divisions (C)(3) and (4) of this section; and 4,504
(6) No pit or dike shall be used for the ultimate disposal 4,506
of brine. 4,507
(D) No person shall, without first having obtained a 4,509
permit from the chief, SHALL inject brine or other waste 4,510
substances resulting FROM, obtained FROM, or produced in 4,511
connection with oil or gas drilling, exploration, or production 4,514
into an underground formation, unless a rule of the chief 4,515
expressly authorizes the injection without a permit. The permit 4,516
shall be in addition to any permit required by section 1509.05 of 4,517
105
the Revised Code, and the permit application shall be accompanied 4,518
by a permit fee of one hundred dollars. The chief shall adopt 4,519
rules in accordance with Chapter 119. of the Revised Code 4,520
regarding the injection into wells of brine and other waste 4,521
substances resulting FROM, obtained FROM, or produced in 4,522
connection with oil or gas drilling, exploration, or production. 4,523
The rules shall include provisions regarding applications for and 4,524
issuance of the permits required by this division; entry to 4,525
conduct inspections and to examine and copy records to ascertain 4,526
compliance with this division and rules, orders, and terms and 4,527
conditions of permits ADOPTED OR issued thereunder UNDER IT; the 4,528
provision and maintenance of information through monitoring, 4,530
recordkeeping, and reporting; and other provisions in furtherance 4,531
of the goals of this section and the "Safe Drinking Water Act." 4,532
To implement the goals of the "Safe Drinking Water Act," 88 Stat. 4,533
1661, 42 U.S.C.A. 300(f), as amended, the chief shall not issue a 4,534
permit for the injection of brine or other waste substances 4,535
resulting FROM, obtained FROM, or produced in connection with oil 4,537
or gas drilling, exploration, or production, unless the chief 4,538
concludes that the applicant has demonstrated that the injection 4,539
will not result in the presence of any contaminant in ground 4,540
water that supplies or can reasonably be expected to supply any 4,541
public water system, such that the presence of the contaminant 4,542
may result in the system's not complying with any national 4,543
primary drinking water regulation or may otherwise adversely 4,544
affect the health of persons. This division and rules, orders, 4,545
and terms and conditions of permits ADOPTED OR issued thereunder 4,546
UNDER IT shall be construed to be no more stringent than required 4,547
for compliance with the Safe Drinking Water Act, unless essential 4,548
to ensure that underground sources of drinking water will not be 4,549
endangered. 4,550
(E) The owner holding a permit, or an assignee or 4,552
transferee who has assumed the obligations and liabilities 4,553
imposed by Chapter 1509. of the Revised Code THIS CHAPTER and any 4,555
106
rules ADOPTED or orders issued thereunder UNDER IT pursuant to 4,556
section 1509.31 of the Revised Code, and the operator of a well 4,557
shall be liable for a violation of this section or any rules 4,558
adopted or orders or terms or conditions of a permit issued under 4,559
this section IT.
(F) An owner shall replace the water supply of the holder 4,561
of an interest in real property who obtains all or part of his 4,562
THE HOLDER'S supply OF water for domestic, agricultural, 4,563
industrial, or other legitimate use from an underground or 4,565
surface source where the supply has been substantially disrupted 4,566
by contamination, diminution, or interruption proximately 4,567
resulting from the owner's oil or gas operation, or the owner may 4,568
elect to compensate the holder of the interest in real property 4,569
for the difference between the fair market value of the interest 4,570
before the damage occurred to the water supply and the fair 4,571
market value after the damage occurred, if the cost of replacing 4,572
the water supply exceeds this difference in fair market values. 4,573
However, during the pendency of any order issued under this 4,574
division, the owner shall obtain for the holder or shall 4,575
reimburse the holder for the reasonable cost of obtaining a water 4,576
supply from the time of the contamination, diminution, or 4,577
interruption by the operation until the owner has complied with 4,578
an order of the chief for compliance with this division or such 4,579
AN order has been revoked or otherwise becomes not effective. If 4,580
the owner elects to pay the difference in fair market values, but 4,581
the owner and the holder have not agreed on the difference within 4,582
thirty days after the chief issues an order for compliance with 4,583
this division, then within ten days after the expiration of this 4,584
THAT thirty-day period, the owner and the chief shall each SHALL 4,586
appoint an appraiser to determine the difference in fair market 4,587
values, except that the holder of the interest in real property 4,588
may elect to appoint and compensate his THE HOLDER'S own 4,589
appraiser, in which case the chief shall not appoint an 4,591
appraiser. The two appraisers appointed shall appoint a third 4,592
107
appraiser, and within thirty days after the appointment of the 4,593
third appraiser, the three appraisers shall hold a hearing to 4,594
determine the difference in fair market values. Within ten days 4,595
after the hearing, the appraisers shall make their determination 4,596
by majority vote and issue their final determination of the 4,597
difference in fair market values. The chief shall accept a 4,598
determination of the difference in fair market values made by 4,599
agreement of the owner and holder or by appraisers under this 4,600
division and shall make and dissolve orders accordingly. This 4,601
division does not affect in any way the right of any person to 4,602
enforce or protect, under applicable law, his THE PERSON'S 4,603
interest in water resources affected by an oil or gas operation.
(G) In any action brought by the state for a violation of 4,605
division (A) of this section involving any well at which annular 4,606
disposal is used, there shall be a rebuttable presumption 4,607
available to the state that the annular disposal caused the 4,608
violation if the well is located within a one-quarter mile radius 4,609
of the site of the violation. 4,610
Sec. 1509.222. (A)(1) Except as provided in section 4,619
1509.226 of the Revised Code, no person shall transport brine by 4,620
vehicle in this state unless the business entity that employs the 4,621
person first registers with and obtains a registration 4,622
certificate and identification number from the chief of the 4,623
division of oil and gas. 4,624
(2) No more than one registration certificate shall be 4,626
required of any business entity. Registration certificates 4,627
issued under this section are not transferrable TRANSFERABLE. An 4,628
applicant shall file an application with the chief, containing 4,630
such information in such form as the chief prescribes, but 4,631
including a plan for disposal that provides for compliance with 4,632
the requirements of this chapter and rules of the chief 4,633
pertaining to the transportation of brine by vehicle and the 4,634
disposal of brine so transported and that lists all disposal 4,635
sites that the applicant intends to use, the bond required by 4,636
108
section 1509.225 of the Revised Code, and a certificate issued by 4,637
an insurance company authorized to do business in this state 4,638
certifying that the applicant has in force a liability insurance 4,639
policy in an amount not less than three hundred thousand dollars 4,640
bodily injury coverage and three hundred thousand dollars 4,641
property damage coverage to pay damages for injury to persons or 4,642
property caused by the collecting, handling, transportation, or 4,643
disposal of brine. The policy shall be maintained in effect 4,644
during the term of the registration certificate. The policy or 4,645
policies providing such THE coverage shall require the insurance 4,646
company to give notice to the chief if the policy or policies 4,648
lapse for any reason. Upon such termination of the policy, the 4,649
chief may suspend the registration certificate until proper 4,650
insurance coverage is obtained. Each application for a 4,651
registration certificate shall be accompanied by a nonrefundable 4,652
fee of five hundred dollars. 4,653
(B) The chief shall issue an order denying an application 4,655
for a registration certificate if the chief finds that EITHER OF 4,656
THE FOLLOWING APPLIES: 4,657
(1) The applicant, at the time of applying for the 4,659
registration certificate, has been found liable by a final 4,660
nonappealable order of a court of competent jurisdiction for 4,661
damage to streets, roads, highways, bridges, culverts, or 4,662
drainways pursuant to section 4513.34 or 5577.12 of the Revised 4,663
Code until the applicant provides the chief with evidence of 4,664
compliance with the order; 4,665
(2) The applicant's plan for disposal does not provide for 4,667
compliance with the requirements of this chapter and rules of the 4,668
chief pertaining to the transportation of brine by vehicle and 4,669
the disposal of brine so transported. 4,670
(C) No applicant shall attempt to circumvent division (B) 4,672
of this section by applying for a registration certificate under 4,673
a different name or business organization name, by transferring 4,674
responsibility to another person or entity, or by any similar 4,675
109
act. 4,676
(D) A registered transporter shall apply to revise a 4,678
disposal plan under procedures that the chief shall prescribe by 4,679
rule. However, at a minimum, an application for a revision shall 4,680
list all sources and disposal sites of brine currently 4,681
transported. If the chief approves a revision of a plan under 4,682
this division, the approval also constitutes approval of a 4,683
revision of affected disposal plans required by division (I) of 4,684
section 1509.06 of the Revised Code, except as the chief 4,685
otherwise specifically provides in the order approving the 4,686
revision. The chief shall deny any application for a revision of 4,687
a plan under this division if the chief finds that the proposed 4,688
revised plan does not provide for compliance with the 4,689
requirements of this chapter and rules of the chief pertaining to 4,690
the transportation of brine by vehicle and the disposal of brine 4,691
so transported. Approvals and denials of revisions shall be by 4,692
order of the chief. 4,693
(E) The chief may adopt rules, issue orders, and attach 4,695
terms and conditions to registration certificates as may be 4,696
necessary to administer, implement, and enforce sections 1509.222 4,697
to 1509.226 of the Revised Code for protection of public health 4,698
or safety or conservation of natural resources. 4,699
Sec. 1509.31. Whenever the entire interest of an oil and 4,708
gas lease is assigned or otherwise transferred, the assignor or 4,709
transferor shall notify the holders of the royalty interests, 4,710
and, if a well or wells exist on the lease, the division of oil 4,711
and gas, of the name and address of the assignee or transferee by 4,712
certified mail, return receipt requested, not later than thirty 4,713
days after the date of the assignment or transfer. When notice 4,714
of any such assignment or transfer is required to be provided to 4,715
the division, it shall be provided on a form prescribed and 4,716
provided by the division and verified by both the assignor or 4,717
transferor and by the assignee or transferee. The notice form 4,718
applicable to assignments or transfers of a well to the owner of 4,719
110
the surface estate of the tract on which the well is located 4,720
shall contain a statement informing the landowner that the well 4,721
may require periodic servicing to maintain its productivity; 4,722
that, upon assignment or transfer of the well to him THE 4,723
LANDOWNER, the landowner becomes responsible for compliance with 4,724
the requirements of this chapter and rules adopted under it, 4,725
including, without limitation, the proper disposal of brine 4,726
obtained from the well, the plugging of the well when it becomes 4,727
incapable of producing oil or gas, and the restoration of the 4,728
well site; and that, upon assignment or transfer of the well to 4,729
him THE LANDOWNER, the landowner becomes responsible for the 4,730
costs of compliance with the requirements of this chapter and 4,731
rules adopted under it and the costs for operating and servicing 4,732
the well. 4,733
The owner holding a permit under section 1509.05 of the 4,735
Revised Code is responsible for all obligations and liabilities 4,736
imposed by this chapter and any rules, orders, and terms and 4,737
conditions of a permit ADOPTED OR issued thereunder UNDER IT, and 4,739
no assignment or transfer by the owner relieves the owner of the 4,740
obligations and liabilities until and unless the assignee or 4,741
transferee files with the division of oil and gas the information 4,742
described in divisions (A), (B), (C), (D), (E), (H)(I), (J), (K), 4,743
AND (L), (M), and (N) of section 1509.06 of the Revised Code; 4,744
files or has filed the certificate of OBTAINS LIABILITY insurance 4,747
COVERAGE required by section 1509.07 of the Revised Code, except 4,749
when none is required by that section; and executes and files a 4,750
surety bond, negotiable certificates of deposit OR IRREVOCABLE 4,751
LETTERS OF CREDIT, or cash, as described in THAT section 1509.07 4,752
of the Revised Code. Instead of a bond, but only upon acceptance 4,753
by the chief, the assignee or transferee may file proof of 4,754
financial responsibility, described in section 1509.07 of the 4,755
Revised Code. Section 1509.071 of the Revised Code applies to the 4,756
surety bond, cash, and negotiable certificates of deposit AND 4,757
IRREVOCABLE LETTERS OF CREDIT described in this section. Unless 4,759
111
the chief approves a modification, each assignee or transferee 4,760
shall operate in accordance with the plans and information filed 4,761
by the permit holder pursuant to section 1509.06 of the Revised 4,762
Code.
Sec. 1511.02. The chief of the division of soil and water 4,773
conservation, subject to the approval of the director of natural 4,774
resources, shall do all of the following: 4,775
(A) Provide administrative leadership to local soil and 4,777
water conservation districts in planning, budgeting, staffing, 4,778
and administering district programs and the training of district 4,779
supervisors and personnel in their duties, responsibilities, and 4,780
authorities as prescribed in this chapter and Chapter 1515. of 4,781
the Revised Code; 4,782
(B) Administer this chapter and Chapter 1515. of the 4,784
Revised Code pertaining to state responsibilities and provide 4,785
staff assistance to the Ohio soil and water conservation 4,786
commission in exercising its statutory responsibilities; 4,787
(C) Assist in expediting state responsibilities for 4,789
watershed development and other natural resource conservation 4,790
works of improvement; 4,791
(D) Coordinate the development and implementation of 4,793
cooperative programs and working agreements between local soil 4,794
and water conservation districts and divisions or sections of the 4,795
department of natural resources, or other agencies of local, 4,796
state, and federal government; 4,797
(E) Subject to the approval of the Ohio soil and water 4,799
conservation commission, adopt, amend, or rescind rules pursuant 4,800
to Chapter 119. of the Revised Code. Rules adopted pursuant to 4,801
this section: 4,802
(1) Shall establish technically feasible and economically 4,804
reasonable standards to achieve a level of management and 4,805
conservation practices in farming or silvicultural operations 4,806
that will abate wind or water erosion of the soil or abate the 4,807
degradation of the waters of the state by animal waste or by soil 4,808
112
sediment including substances attached thereto, and establish 4,809
criteria for determination of the acceptability of such 4,810
management and conservation practices; 4,811
(2) Shall establish technically feasible and economically 4,813
reasonable standards to achieve a level of management and 4,814
conservation practices that will abate wind or water erosion of 4,815
the soil or abate the degradation of the waters of the state by 4,816
soil sediment in conjunction with land grading, excavating, 4,817
filling, or other soil-disturbing activities on land used or 4,818
being developed for nonfarm commercial, industrial, residential, 4,819
or other nonfarm purposes, and establish criteria for 4,820
determination of the acceptability of such management and 4,821
conservation practices. The standards shall be designed to 4,822
implement applicable areawide waste treatment management plans 4,823
prepared under section 208 of the "Federal Water Pollution 4,824
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1288, as amended. 4,825
The standards and criteria shall not apply in any municipal 4,826
corporation or county that adopts ordinances or rules pertaining 4,827
to sediment control, nor to lands being used in a strip mine 4,828
operation as defined in section 1513.01 of the Revised Code, nor 4,829
to lands being used in a surface mining operation as defined in 4,830
section 1514.01 of the Revised Code. 4,831
(3) May recommend criteria and procedures for the approval 4,833
of urban sediment pollution abatement plans and issuance of 4,834
permits prior to any grading, excavating, filling, or other whole 4,835
or partial disturbance of five or more contiguous acres of land 4,836
owned by one person or operated as one development unit and 4,837
require implementation of such a plan. Areas of less than five 4,838
contiguous acres are not exempt from compliance with other 4,839
provisions of this chapter and rules adopted under them. 4,840
(4) Shall establish procedures for administration of rules 4,842
for agricultural pollution abatement and urban sediment pollution 4,843
abatement and for enforcement of rules for agricultural pollution 4,844
abatement; 4,845
113
(5) Shall specify the pollution abatement practices 4,847
eligible for state cost sharing and determine the conditions for 4,848
eligibility, the construction standards and specifications, the 4,849
useful life, the maintenance requirements, and the limits of cost 4,850
sharing for those practices. Eligible practices shall be limited 4,851
to practices that address agricultural or silvicultural 4,852
operations and that require expenditures that are likely to 4,853
exceed the economic returns to the owner or operator and that 4,854
abate soil erosion or degradation of the waters of the state by 4,855
animal waste or soil sediment including pollutants attached 4,856
thereto. 4,857
(6) Until June 1, 1996, shall specify the multiflora rose 4,859
control practices eligible for state cost sharing, the conditions 4,860
of eligibility for state cost sharing, the limits of cost sharing 4,861
for those practices, specifications for carrying out those 4,862
practices to ensure effective control of the multiflora rose and 4,863
to safeguard the health and safety of human beings and domestic 4,864
animals and the environment, and the contract provisions to be 4,865
included in cost-sharing agreements with landowners; 4,866
(7) Until June 1, 1996, shall establish procedures for 4,868
administering grants to soil and water conservation districts for 4,869
control of multiflora rose; 4,870
(8) Shall establish procedures for administering grants to 4,872
owners or operators of agricultural land or concentrated animal 4,873
feeding operations for the implementation of operation and 4,874
management plans; 4,875
(9) Shall establish procedures for administering grants to 4,877
soil and water conservation districts for urban sediment 4,878
pollution abatement programs, specify the types of projects 4,879
eligible for grants, establish limits on the availability of 4,880
grants, and establish requirements governing the execution of 4,881
projects to encourage the reduction of erosion and sedimentation 4,882
associated with soil-disturbing activities; 4,883
(10) Shall do all of the following with regard to 4,885
114
composting conducted in conjunction with agricultural operations: 4,886
(a) Provide for the distribution of educational material 4,888
concerning composting to the offices of the Ohio cooperative 4,889
extension service for the purposes of section 1511.022 of the 4,890
Revised Code; 4,891
(b) Establish methods, techniques, or practices for 4,893
composting dead animals, or particular types of dead animals, 4,894
that are to be used at such operations, as the chief considers to 4,895
be necessary or appropriate; 4,896
(c) Establish requirements and procedures governing the 4,898
review and approval or disapproval of composting plans by the 4,899
supervisors of soil and water conservation districts under 4,900
division (T)(U) of section 1515.08 of the Revised Code. 4,901
(11) Shall be adopted, amended, or rescinded after the 4,903
chief does all of the following: 4,904
(a) Mails notice to each statewide organization that he 4,906
THE CHIEF determines represents persons or local governmental 4,907
agencies who would be affected by the proposed rule, amendment 4,908
thereto, or rescission thereof at least thirty-five days before 4,909
any public hearing thereon; 4,910
(b) Mails a copy of each proposed rule, amendment thereto, 4,912
or rescission thereof to any person who requests a copy, within 4,913
five days after receipt of the request; 4,914
(c) Consults with appropriate state and local governmental 4,916
agencies or their representatives, including statewide 4,917
organizations of local governmental officials, industrial 4,918
representatives, and other interested persons; 4,919
(d) If the rule relates to agricultural pollution 4,921
abatement, develops an economic impact statement concerning the 4,922
effect of the proposed rule or amendment. 4,923
(12) Shall not conflict with air or water quality 4,925
standards adopted pursuant to section 3704.03 or 6111.041 of the 4,926
Revised Code. Compliance with rules adopted pursuant to this 4,927
section shall DOES not affect liability for noncompliance with 4,928
115
air or water quality standards adopted pursuant to section 4,930
3704.03 or 6111.041 of the Revised Code. The application of a 4,931
level of management and conservation practices recommended under 4,932
this section to control windblown soil from farming operations 4,933
shall create CREATES a presumption of compliance with section 4,934
3704.03 of the Revised Code as that section applies to windblown 4,936
soil.
(13) Insofar as the rules relate to urban sediment 4,938
pollution, shall not be applicable in a municipal corporation or 4,939
county that adopts ordinances or rules for urban sediment 4,940
control, except that a municipal corporation or county that 4,941
adopts such ordinances or rules may receive moneys for urban 4,942
sediment control that are disbursed by the board of supervisors 4,943
of the applicable soil and water conservation district under 4,944
division (R) of section 1515.08 of the Revised Code. The rules 4,945
shall not exempt any person from compliance with municipal 4,946
ordinances enacted pursuant to Section 3 of Article XVIII, Ohio 4,947
Constitution. 4,948
(F) Cost share with landowners on practices established 4,950
pursuant to division (E)(5) of this section as moneys are 4,951
appropriated and available for that purpose. Any practice for 4,952
which cost share is provided shall be maintained for its useful 4,953
life. Failure to maintain a cost share practice for its useful 4,954
life shall subject the landowner to full repayment to the 4,955
division. 4,956
(G) Issue orders requiring compliance with any rule 4,958
adopted under division (E)(1) of this section or with section 4,959
1511.022 of the Revised Code. Before the chief issues an order, 4,960
he THE CHIEF shall afford each person allegedly liable an 4,961
adjudication hearing under Chapter 119. of the Revised Code. The 4,962
chief may require in an order that a person who has caused 4,963
agricultural pollution by failure to comply with the standards 4,964
established under division (E)(1) of this section operate under 4,965
an operation and management plan approved by the chief under this 4,966
116
section. The chief shall require in an order that a person who 4,967
has failed to comply with division (A) of section 1511.022 of the 4,968
Revised Code prepare a composting plan in accordance with rules 4,969
adopted under division (E)(10)(c) of this section and operate in 4,970
accordance with that plan or that a person who has failed to 4,971
operate in accordance with such a plan begin to operate in 4,972
accordance with it. Each order shall be issued in writing and 4,973
contain a finding by the chief of the facts upon which the order 4,974
is based and the standard that is not being met. 4,975
(H) Refrain from issuing any order requiring a pollution 4,977
abatement practice that is eligible for cost sharing under 4,978
division (E)(5) of this section unless public funds are available 4,979
for cost sharing on those practices at not less than seventy-five 4,980
per cent of the cost, but not more than fifteen thousand dollars 4,981
per person per year for practices for abating agricultural 4,982
pollution. The fifteen thousand dollar per person per year limit 4,983
may be waived by majority vote of the Ohio soil and water 4,984
conservation commission. 4,985
(I) Employ field assistants and such other employees as 4,987
are necessary for the performance of the work prescribed by 4,988
Chapter 1515. of the Revised Code, for performance of work of the 4,989
division, and as agreed to under working agreements or 4,990
contractual arrangements with local soil and water conservation 4,991
districts, prescribe their duties, and fix their compensation in 4,992
accordance with such schedules as are provided by law for the 4,993
compensation of state employees. 4,994
All employees of the division, unless specifically exempted 4,996
by law, shall be employed subject to the classified civil service 4,997
laws in force at the time of employment. 4,998
(J) In connection with new or relocated projects involving 5,000
highways, underground cables, pipelines, railroads, and other 5,001
improvements affecting soil and water resources, including 5,002
surface and subsurface drainage: 5,003
(1) Provide engineering service as is mutually agreeable 5,005
117
to the Ohio soil and water conservation commission and the 5,006
director to aid in the design and installation of soil and water 5,007
conservation practices as a necessary component of such projects; 5,008
(2) Maintain close liaison between the owners of lands on 5,010
which the projects are executed, local soil and water 5,011
conservation districts, and authorities responsible for such 5,012
projects; 5,013
(3) Review plans for such projects to ensure their 5,015
compliance with standards developed under division (E) of this 5,016
section in cooperation with the department of transportation or 5,017
with any other interested agency that is engaged in soil or water 5,018
conservation projects in the state in order to minimize adverse 5,019
impacts on soil and water resources adjacent to or otherwise 5,020
affected by these projects; 5,021
(4) Recommend measures to retard erosion and protect soil 5,023
and water resources through the installation of water impoundment 5,024
or other soil and water conservation practices; 5,025
(5) Cooperate with other agencies and subdivisions of the 5,027
state to protect the agricultural status of rural lands adjacent 5,028
to such projects and control adverse impacts on soil and water 5,029
resources. 5,030
(K) Collect, analyze, inventory, and interpret all 5,032
available information pertaining to the origin, distribution, 5,033
extent, use, and conservation of the soil resources of the state; 5,034
(L) Prepare and maintain up-to-date reports, maps, and 5,036
other materials pertaining to the soil resources of the state and 5,037
their use and make that information available to governmental 5,038
agencies, public officials, conservation entities, and the 5,039
public; 5,040
(M) Provide soil and water conservation districts with 5,042
technical assistance including on-site soil investigations and 5,043
soil interpretation reports on the suitability or limitations of 5,044
soil to support a particular use or to plan soil conservation 5,045
measures. The assistance shall be upon such terms as are 5,046
118
mutually agreeable to the districts and the department of natural 5,047
resources. 5,048
(N) Assist local government officials in utilizing land 5,050
use planning and zoning, current agricultural use value 5,051
assessment, development reviews, and land management activities; 5,052
(O) 5,054
(P) 5,056
(Q) 5,058
(R) 5,060
(S) 5,062
(P)(O) When necessary for the purposes of this chapter or 5,064
Chapter 1515. of the Revised Code, develop or approve operation 5,065
and management plans. 5,066
This section does not restrict the excrement of domestic or 5,068
farm animals defecated on land outside a concentrated animal 5,069
feeding operation or runoff therefrom into the waters of the 5,070
state. 5,071
Sec. 1511.022. (A) Any person who owns or operates an 5,080
agricultural operation, or owns the animals raised by the owner 5,081
or operator of an agricultural operation, and who wishes to 5,082
conduct composting of dead animals resulting from the 5,083
agricultural operation shall do both of the following: 5,084
(1) Participate in an educational course concerning 5,086
composting conducted by the Ohio cooperative extension service 5,087
and obtain a certificate of completion for the course; 5,088
(2) Use the appropriate method, technique, or practice of 5,090
composting established in rules adopted under division (E)(10) of 5,091
section 1511.02 of the Revised Code. 5,092
(B) Any person who fails to comply with division (A) of 5,094
this section shall prepare and operate under a composting plan in 5,095
accordance with an order issued by the chief of the division of 5,096
soil and water conservation under division (H) of section 1511.02 5,097
of the Revised Code. If the person's proposed composting plan is 5,098
disapproved by the board of supervisors of the appropriate soil 5,099
119
and water conservation district under division (T)(U)(3) of 5,100
section 1515.08 of the Revised Code, the person may appeal the 5,102
plan disapproval to the chief, who shall afford the person a 5,103
hearing. Following the hearing, the chief shall uphold the plan 5,104
disapproval or reverse it. If the chief reverses the 5,105
disapproval, the plan shall be deemed approved. 5,106
Sec. 1513.02. (A) The division of mines and reclamation 5,115
shall administer, enforce, and implement this chapter. The chief 5,116
of the division of mines and reclamation shall do all of the 5,117
following:
(1) Adopt, amend, and rescind rules: 5,119
(a) To administer and enforce this chapter; 5,121
(b) To implement the requirements of this chapter for the 5,123
reclamation of lands affected by coal mining, including such 5,124
rules governing mining practices and procedures, segregation and 5,125
placement of soil and topsoil, backfilling, grading, terracing, 5,126
resoiling, soil conditioning and reconditioning, planting, 5,127
establishment of drainage patterns, construction of impoundments, 5,128
and the construction, maintenance, and disposition of haul roads, 5,129
ditches, and dikes, as may be necessary or desirable, under 5,130
varying conditions of slope, drainage, physical and chemical 5,131
characteristics of soil and overburden, erodability of materials, 5,132
season, growth characteristics of plants, and other factors 5,133
affecting coal mining and reclamation, to facilitate the return 5,134
of the land to a condition required by this chapter; to prevent 5,135
pollution or substantial diminution of waters of the state, 5,136
substantial erosion, substantial deposition of sediment, 5,137
landslides, accumulation and discharge of acid water, and 5,138
flooding, both during mining and reclamation and thereafter; to 5,139
restore the recharge capacity of the mined area to approximate 5,140
premining conditions; and to ensure full compliance with all 5,141
requirements of this chapter relating to reclamation, and the 5,142
attainment of those objectives in the interest of the public 5,143
health, safety, and welfare to which these reclamation 5,144
120
requirements are directed; 5,145
(c) To meet the requirements of the "Surface Mining 5,147
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 5,148
1201. 5,149
(2) Issue orders to enforce this chapter and rules adopted 5,151
under it; 5,152
(3) Adopt rules for the internal management of the 5,154
division that do not affect private rights; 5,155
(4) Adopt programs, rules, and procedures designed to 5,157
assist the coal operator in this state with the permitting 5,158
process and complying with the environmental standards of this 5,159
chapter. Upon request of the applicant for a permit, the chief 5,160
shall make a determination of the probable hydrologic 5,161
consequences required in division (B)(2)(k) of section 1513.07 of 5,162
the Revised Code within sixty days after a permit has been 5,163
submitted to the division for those applications requesting the 5,164
chief to perform the study. The chief shall perform the chemical 5,165
analysis of test borings or core samplings for operators who have 5,166
a total annual production of coal at all locations that does not 5,167
exceed one hundred thousand tons. 5,168
(5) Adopt programs, rules, and procedures designed to 5,170
ensure that reclamation is performed on operations for which the 5,171
performance bond has been forfeited pursuant to section 1513.16 5,172
of the Revised Code. For this purpose, the chief may transfer up 5,173
to one million dollars annually from the coal mining 5,174
administration and reclamation reserve fund, created in section 5,175
1513.181 of the Revised Code, to the reclamation supplemental 5,176
forfeiture fund, created in section 1513.18 of the Revised Code.; 5,177
(6) Receive, administer, and expend moneys obtained from 5,179
the United States department of the interior and other federal 5,180
agencies to implement the state's permanent coal regulatory 5,181
program; 5,182
(7)(a) REGULATE THE BENEFICIAL USE OF COAL COMBUSTION 5,185
BYPRODUCTS AT COAL MINING AND RECLAMATION OPERATIONS AND 5,186
121
ABANDONED MINE LANDS THAT ARE REGULATED UNDER THIS CHAPTER AND 5,187
RULES ADOPTED UNDER IT. THE BENEFICIAL USE OF COAL COMBUSTION 5,188
BYPRODUCTS AT SUCH COAL MINING AND RECLAMATION OPERATIONS AND 5,189
ABANDONED MINE LANDS IS SUBJECT TO ALL APPLICABLE PERFORMANCE 5,190
STANDARDS AND REQUIREMENTS ESTABLISHED UNDER THIS CHAPTER AND 5,191
RULES ADOPTED UNDER IT, INCLUDING, WITHOUT LIMITATION, STANDARDS 5,192
AND REQUIREMENTS ESTABLISHED UNDER SECTION 1513.16 OF THE REVISED 5,193
CODE AND RULES ADOPTED PURSUANT TO IT. 5,195
THE BENEFICIAL USE OF COAL COMBUSTION BYPRODUCTS THAT IS 5,197
AUTHORIZED AT COAL MINING AND RECLAMATION OPERATIONS AND 5,198
ABANDONED MINE LANDS THAT ARE REGULATED UNDER THIS CHAPTER AND 5,199
RULES ADOPTED UNDER IT IS NOT SUBJECT TO THE FOLLOWING PROVISIONS 5,201
OF CHAPTERS 3734. AND 6111. OF THE REVISED CODE AND RULES ADOPTED 5,203
UNDER THOSE PROVISIONS: 5,204
(i) PERMIT AND LICENSE REQUIREMENTS FOR SOLID WASTE 5,207
FACILITIES ESTABLISHED UNDER SECTIONS 3734.02 AND 3734.05 OF THE 5,208
REVISED CODE; 5,209
(ii) THE PROHIBITION AGAINST THE OPEN DUMPING OF SOLID 5,212
WASTES ESTABLISHED IN SECTION 3734.03 OF THE REVISED CODE; 5,214
(iii) SOLID WASTE GENERATION AND DISPOSAL FEES ESTABLISHED 5,217
UNDER SECTIONS 3734.57 TO 3734.574 OF THE REVISED CODE; 5,219
(iv) PERMIT TO INSTALL AND PLAN APPROVAL REQUIREMENTS 5,222
ESTABLISHED UNDER SECTIONS 6111.03, 6111.44, AND 6111.45 OF THE 5,223
REVISED CODE. 5,224
NOTHING IN DIVISION (A)(7) OF THIS SECTION SHALL BE 5,227
CONSTRUED TO LIMIT ANY OTHER REQUIREMENTS THAT ARE APPLICABLE TO 5,228
THE BENEFICIAL USE OF COAL COMBUSTION BYPRODUCTS AND THAT ARE 5,229
ESTABLISHED UNDER CHAPTER 3704., 3714., 3734., OR 6111. OF THE 5,232
REVISED CODE OR UNDER LOCAL OR FEDERAL LAWS, INCLUDING, WITHOUT 5,234
LIMITATION, REQUIREMENTS GOVERNING AIR POLLUTION CONTROL PERMITS, 5,235
HAZARDOUS WASTE, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 5,236
PERMITS, AND SECTION 401 WATER QUALITY CERTIFICATIONS. 5,237
(b) AS USED IN DIVISION (A)(7) OF THIS SECTION: 5,240
(i) "COAL COMBUSTION BYPRODUCTS" MEANS FLY ASH, BOTTOM 5,243
122
ASH, COAL SLAG, FLUE GAS DESULPHURIZATION AND FLUIDIZED BED 5,244
COMBUSTION BYPRODUCTS, AIR OR WATER POLLUTION CONTROL RESIDUES 5,245
FROM THE OPERATION OF A COAL-FIRED ELECTRIC OR STEAM GENERATION 5,246
FACILITY, AND ANY MATERIAL FROM A CLEAN COAL TECHNOLOGY 5,247
DEMONSTRATION PROJECT OR OTHER INNOVATIVE PROCESS AT A COAL-FIRED 5,248
ELECTRIC OR STEAM GENERATION FACILITY.
(ii) "BENEFICIAL USE" MEANS THE USE OF COAL COMBUSTION 5,251
BYPRODUCTS IN A MANNER THAT IS NOT EQUIVALENT TO THE 5,252
ESTABLISHMENT OF A DISPOSAL SYSTEM OR A SOLID WASTE DISPOSAL 5,253
FACILITY AND THAT IS UNLIKELY TO AFFECT HUMAN HEALTH OR SAFETY OR 5,254
THE ENVIRONMENT ADVERSELY OR TO DEGRADE THE EXISTING QUALITY OF 5,255
THE LAND, AIR, OR WATER. "BENEFICIAL USE" INCLUDES, WITHOUT 5,256
LIMITATION, LAND APPLICATION USES FOR AGRONOMIC VALUE; LAND 5,257
RECLAMATION USES; AND DISCRETE, CONTROLLED USES FOR STRUCTURAL 5,258
FILL, PAVEMENT AGGREGATE, PIPE BEDDING AGGREGATE, MINE SEALING, 5,259
ALTERNATIVE DRAINAGE OR CAPPING MATERIAL, AND PILOT DEMONSTRATION 5,260
PROJECTS.
(iii) "STRUCTURAL FILL" MEANS THE DISCRETE, CONTROLLED USE 5,263
OF A COAL COMBUSTION BYPRODUCT AS A SUBSTITUTE FOR A CONVENTIONAL 5,264
AGGREGATE, RAW MATERIAL, OR SOIL UNDER OR IMMEDIATELY ADJACENT TO 5,265
A BUILDING OR STRUCTURE. "STRUCTURAL FILL" DOES NOT INCLUDE USES 5,266
THAT INVOLVE GENERAL FILLING OR GRADING OPERATIONS OR VALLEY 5,267
FILLS.
(iv) "PAVEMENT AGGREGATE" MEANS THE DISCRETE, CONTROLLED 5,270
USE OF A COAL COMBUSTION BYPRODUCT AS A SUBBASE MATERIAL OR 5,271
DRAINAGE LAYER UNDER OR IMMEDIATELY ADJACENT TO A PAVED ROAD OR A 5,272
PAVED PARKING LOT WHERE THE COAL COMBUSTION BYPRODUCT IS A 5,273
SUBSTITUTE FOR A CONVENTIONAL AGGREGATE, RAW MATERIAL, OR SOIL. 5,274
(v) "PIPE BEDDING AGGREGATE" MEANS THE DISCRETE, 5,277
CONTROLLED USE OF A COAL COMBUSTION BYPRODUCT AS A SUBSTITUTE FOR 5,278
A CONVENTIONAL AGGREGATE, RAW MATERIAL, OR SOIL UNDER, AROUND, OR 5,279
IMMEDIATELY ADJACENT TO A WATER, SEWER, OR OTHER PIPELINE. 5,280
(vi) "COAL-FIRED ELECTRIC OR STEAM GENERATION FACILITY" 5,283
INCLUDES ANY BOILER THAT IS FIRED WITH COAL OR WITH COAL IN 5,284
123
COMBINATION WITH PETROLEUM COKE, OIL, NATURAL GAS, OR ANY OTHER 5,285
FOSSIL FUEL.
(vii) "SOLID WASTE DISPOSAL FACILITY" MEANS A FACILITY FOR 5,288
THE DISPOSAL OF SOLID WASTES AS PROVIDED IN CHAPTER 3734. OF THE 5,289
REVISED CODE AND RULES ADOPTED UNDER IT. 5,292
(viii) "DISPOSAL SYSTEM" HAS THE SAME MEANING AS IN 5,295
SECTION 6111.01 OF THE REVISED CODE. 5,297
(B) The chief, by rule, may designate as unsuitable for 5,299
coal mining natural areas maintained on the registry of natural 5,300
areas of the department of natural resources pursuant to that 5,301
chapter CHAPTER 1517. OF THE REVISED CODE, wild, scenic, or 5,303
recreational river areas designated pursuant to Chapter 1501. of 5,304
the Revised Code THAT CHAPTER, publicly owned or dedicated parks, 5,305
and other areas of unique and irreplaceable natural beauty or 5,306
condition, or areas within specified distances of a public road, 5,307
occupied dwelling, public building, school, church, community, or 5,308
institutional building, public park, or cemetery. Such a 5,309
designation may include land adjacent to the perimeters of those 5,310
areas that may be necessary to protect their integrity. 5,311
(C)(1) The adoption, amendment, and rescission of rules 5,313
under divisions (A)(1) and (B) of this section are subject to 5,314
Chapter 119. of the Revised Code. 5,315
(2) The issuance of orders under division (A)(2) of this 5,317
section and appeals therefrom are not governed by or subject to 5,318
Chapter 119. of the Revised Code, but are governed by this 5,319
chapter. 5,320
(D)(1) When the chief or an authorized representative of 5,322
the chief determines that any condition or practice exists or 5,323
that any permittee is in violation of any requirement of this 5,324
chapter or any permit condition required by this chapter, which 5,325
condition, practice, or violation creates an imminent danger to 5,326
the health or safety of the public or is causing, or can 5,327
reasonably be expected to cause, significant, imminent 5,328
environmental harm to land, air, or water resources, the chief or 5,329
124
the authorized representative immediately shall order the 5,330
cessation of coal mining and reclamation operations or the 5,331
portion thereof relevant to the condition, practice, or 5,332
violation. The cessation order shall remain in effect until the 5,333
chief or the authorized representative determines that the 5,334
condition, practice, or violation has been abated or until the 5,335
order is modified, vacated, or terminated by the chief or the 5,336
authorized representative pursuant to division (D)(4) of this 5,337
section or by the reclamation commission pursuant to section 5,338
1513.13 of the Revised Code. When the chief or an THE authorized 5,340
representative of the chief finds that the ordered cessation of 5,341
coal mining and reclamation operations or any portion thereof 5,342
will not completely abate the imminent danger to the health or 5,343
safety of the public or the significant, imminent environmental 5,344
harm to land, air, or water resources, the chief or the 5,345
authorized representative, in addition to the cessation order, 5,346
shall order the operator to take whatever steps the chief or the 5,347
authorized representative considers necessary to abate the 5,348
imminent danger or the significant environmental harm. 5,349
(2) When the chief or an authorized representative of the 5,352
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 5,353
this chapter, but the violation does not create an imminent 5,354
danger to the health or safety of the public or cannot reasonably 5,355
be expected to cause significant, imminent environmental harm to 5,356
land, air, or water resources, the chief or the authorized 5,357
representative shall issue a notice of violation to the person or 5,359
the person's agent fixing a reasonable time for the abatement of 5,360
the violation, provided that the time afforded a person to abate 5,362
the violation shall not exceed the time limitations prescribed by 5,363
the secretary of the interior in 30 C.F.R. Part 843 for an 5,364
approvable state regulatory program under the "Surface Mining 5,365
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 5,366
1201.
125
If, upon expiration of the period of time as originally 5,368
fixed or subsequently extended for good cause shown and upon the 5,369
written finding of the chief or an THE authorized representative 5,370
of the chief, the chief or the authorized representative finds 5,372
that the violation has not been abated, the chief or the 5,373
authorized representative immediately shall order the cessation 5,375
of coal mining and reclamation operations or the portion thereof 5,376
relevant to the violation. The cessation order shall remain in 5,377
effect until the chief or the authorized representative 5,378
determines that the violation has been abated or until the order 5,379
is modified, vacated, or terminated by the chief or the 5,380
authorized representative pursuant to division (D)(4) of this 5,382
section or by the reclamation commission pursuant to section 5,384
1513.13 of the Revised Code. In a cessation order issued under 5,385
this division (D)(2) OF THIS SECTION, the chief or the authorized 5,386
representative shall prescribe the steps necessary to abate the 5,388
violation in the most expeditious manner possible. 5,389
(3) When in the judgment of the chief or an authorized 5,391
representative of the chief a pattern of violations of any 5,392
requirements of this chapter or any permit conditions required by 5,394
this chapter exists or has existed and the violations are caused 5,395
by the unwarranted failure of the permittee to comply with any 5,396
requirements of this chapter or any permit conditions or are 5,397
willfully caused by the permittee, the chief or the authorized 5,399
representative immediately shall issue an order to the permittee 5,400
to show cause why the permit should not be suspended or revoked. 5,401
If a hearing is requested, the chief shall inform all interested 5,402
parties of the time and place of the hearing and conduct the 5,403
hearing pursuant to division (D) of section 1513.13 of the 5,404
Revised Code. Upon the permittee's failure to show cause why the 5,406
permit should not be suspended or revoked, the chief or the 5,407
authorized representative immediately shall suspend or revoke the 5,409
permit.
(4) Notices of violation and orders issued pursuant to 5,411
126
this section shall set forth with reasonable specificity the 5,412
nature of the violation and the remedial action required, the 5,413
period of time established for abatement, and a reasonable 5,414
description of the portion of the coal mining and reclamation 5,415
operation to which the notice or order applies. Each notice or 5,416
order issued under this section shall be given promptly to the 5,417
alleged violator or the agent of the alleged violator by the 5,419
chief or the AN authorized representative of the chief who issues 5,420
the notice or order. Notices and orders shall be in writing and 5,421
shall be signed by the chief or the authorized representatives 5,422
REPRESENTATIVE and may be modified, vacated, or terminated by the 5,424
chief or the authorized representative. Any notice or order 5,425
issued pursuant to this section that requires cessation of mining 5,426
by the operator shall expire within thirty days after actual 5,427
notice to the operator unless a public hearing pursuant to 5,428
section 1513.13 of the Revised Code is held at the site or within 5,429
such reasonable proximity to the site that any viewings of the 5,430
site can be conducted during the course of the public hearing. 5,431
(E) The chief may appoint, under section 121.13 of the 5,433
Revised Code, an advisory committee of experts in the fields of 5,434
hydrology, soil conservation, historic preservation, and related 5,435
fields to provide advice on coal mining and reclamation 5,437
practices, the environmental impact of coal mining, the adoption 5,438
of rules, the approval of plans, and the issuance of permits 5,439
under section 1513.07 of the Revised Code. 5,440
(F)(1) A person who violates a permit condition or any 5,442
other provision of this chapter may be assessed a civil penalty 5,443
by the chief, except that if the violation leads to the issuance 5,444
of a cessation order under division (D) of this section, the 5,445
civil penalty shall be assessed for each day until the person 5,446
initiates the necessary corrective steps. The penalty shall not 5,447
exceed five thousand dollars for each violation. Each day of 5,448
continuing violation may be deemed a separate violation for 5,449
purposes of penalty assessments. In determining the amount of 5,450
127
the penalty, consideration shall be given to the person's history 5,451
of previous violation at the particular coal mining operation; 5,452
the seriousness of the violation, including any irreparable harm 5,453
to the environment and any hazard to the health or safety of the 5,454
public; whether the person was negligent; and the demonstrated 5,455
diligence of the person charged in attempting to achieve rapid 5,456
compliance after notification of the violation. 5,457
(2) A civil penalty shall be assessed by the chief only 5,459
after the person charged with a violation under division (F)(1) 5,460
of this section has been given an opportunity for a public 5,461
hearing. If a person charged with such a violation fails to 5,462
avail self of the opportunity for a public hearing, a civil 5,464
penalty shall be assessed by the chief after the chief has
determined that a violation did occur, and the amount of the 5,465
penalty which THAT is warranted, and has issued an order 5,466
requiring that the penalty be paid. 5,468
(3) Upon the issuance of a notice or order charging that a 5,470
violation of this chapter has occurred, the chief shall inform 5,471
the operator within thirty days of the proposed amount of the 5,472
penalty and provide opportunity for an adjudicatory hearing 5,473
pursuant to section 1513.13 of the Revised Code. The person 5,474
charged with the penalty then shall have thirty days to pay the 5,475
proposed penalty in full or, if the person wishes to contest 5,476
either the amount of the penalty or the fact of the violation, 5,477
file a petition for review of the proposed assessment with the 5,478
secretary of the reclamation commission pursuant to section 5,480
1513.13 of the Revised Code. If, after the hearing, the 5,481
commission affirms or modifies the proposed amount of the 5,483
penalty, the person charged with the penalty then shall have 5,484
thirty days after receipt of the written decision to pay the 5,485
amount in full or file an appeal with the court of appeals in 5,486
accordance with section 1513.14 of the Revised Code. At the time 5,487
the petition for review of the proposed assessment is filed with 5,488
the secretary, the person shall forward the amount of the penalty 5,489
128
to the secretary for placement in the reclamation penalty fund, 5,490
which is hereby created. The fund shall be in the custody of the 5,491
treasurer of state, but shall not be a part of the state 5,492
treasury. Pursuant to administrative or judicial review of the 5,493
penalty, the secretary, within thirty days, shall remit the 5,494
appropriate amount of the penalty to the person, with interest, 5,495
if it is determined that no violation occurred or that the amount 5,496
of the penalty should be reduced, and the secretary SHALL forward 5,497
the balance of the penalty or, if the penalty was not reduced, 5,499
the entire amount of the penalty, with interest, to the chief for 5,500
deposit in the coal mining administration and reclamation reserve 5,501
fund created in section 1513.181 of the Revised Code. Failure to 5,502
forward the money to the secretary within thirty days after the 5,503
chief informs the operator of the proposed amount of the penalty 5,504
shall result in a waiver of all legal rights to contest the 5,505
violation or the amount of the penalty. Within fifteen days 5,506
after being informed of the penalty, the person charged with the 5,507
penalty may request in writing an informal assessment conference 5,508
to review the amount of the penalty. The conference shall be 5,509
presided over by the chief or someone AN INDIVIDUAL appointed by 5,510
the chief other than the inspector that issued the notice of 5,512
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 5,513
conferences. Time allowed for payment of the penalty or appeal 5,514
to the commission shall be tolled while the penalty is being 5,516
reviewed in an informal conference. 5,517
(4) An operator who fails to correct a violation for which 5,519
a notice of violation or order has been issued under division (D) 5,520
of this section within the period permitted for its correction 5,521
shall be assessed a civil penalty of not less than seven hundred 5,522
fifty dollars for each day during which the failure or violation 5,523
continues. However, a civil penalty shall not be assessed under 5,524
this division (F)(4) OF THIS SECTION if the commission orders the 5,526
suspension of the abatement requirement after determining, based 5,528
129
upon the findings of an expedited hearing held under section 5,529
1513.13 of the Revised Code at the request of the operator, that 5,530
the operator will suffer irreparable loss or damage from the 5,531
application of the abatement requirement or if the court orders 5,532
suspension of the abatement requirement pursuant to review 5,533
proceedings held under section 1513.14 of the Revised Code at the 5,534
request of the operator.
(G) The chief may enter into a cooperative agreement with 5,536
the secretary of the interior to provide for state regulation of 5,537
coal mining and reclamation operations on federal lands within 5,538
the state. 5,539
(H) The chief may prohibit augering if necessary to 5,541
maximize the utilization, recoverability, or conservation of the 5,542
solid fuel resources or to protect against adverse water quality 5,543
impacts. 5,544
(I) The chief shall transmit copies of all schedules 5,546
submitted under section 1513.07 of the Revised Code pertaining to 5,547
violations of air or water quality laws and rules adopted and 5,548
orders issued thereunder UNDER THOSE LAWS in connection with coal 5,550
mining operations to the director of environmental protection for 5,551
verification. 5,552
(J) For the purposes of sections 1513.18, 1513.24, 5,554
1513.37, and 1514.06 of the Revised Code, the chief triennially 5,555
shall determine the average wage rate for companies performing 5,556
reclamation work for the division under those sections by 5,557
averaging the wage rate paid by all companies performing such 5,558
reclamation work during the three years immediately preceding the 5,560
determination. However, in making the initial determination 5,561
under this division, the chief shall average the wage rate paid 5,562
by all companies performing such reclamation work during the ten 5,563
years immediately preceding October 29, 1995. 5,565
Sec. 1513.18. (A) All money that becomes the property of 5,575
the state under divisions (A) to DIVISION (G) of section 1513.16 5,576
of the Revised Code shall be deposited in the reclamation 5,578
130
forfeiture fund, which is hereby created in the state treasury. 5,579
Disbursements from the fund shall be made by the chief of the 5,580
division of mines and reclamation only for the purpose of 5,581
reclaiming areas of land affected by coal mining under a coal 5,582
mining and reclamation permit issued on or after September 1, 5,583
1981, on which an operator has defaulted. 5,584
(B) All cash that becomes the property of the state under 5,586
division (H) of section 1513.16 of the Revised Code shall be 5,587
deposited in the defaulted areas RECLAMATION SUPPLEMENTAL 5,588
FORFEITURE fund, which is hereby created in the state treasury. 5,589
THE FUND SHALL CONSIST OF ALL MONEYS SO DEPOSITED, ANY MONEYS 5,591
TRANSFERRED TO IT UNDER THIS DIVISION FROM THE UNRECLAIMED LANDS 5,592
FUND CREATED IN SECTION 1513.30 OF THE REVISED CODE, ANY MONEYS 5,594
TRANSFERRED TO IT UNDER SECTION 1513.181 OF THE REVISED CODE FROM 5,597
THE COAL MINING AND RECLAMATION RESERVE FUND CREATED IN THAT 5,598
SECTION, AND MONEYS COLLECTED AND CREDITED TO IT PURSUANT TO 5,599
SECTION 5749.02 OF THE REVISED CODE. Disbursements from the fund 5,602
shall be made by the chief only for the purpose of reclaiming 5,603
areas of land affected by coal mining under a permit issued under 5,604
this chapter after April 10, 1972, but before September 1, 1981, 5,605
on which an operator has defaulted. The THAT AN OPERATOR HAS 5,607
AFFECTED BY MINING AND FAILED TO RECLAIM UNDER A COAL MINING AND 5,608
RECLAMATION PERMIT ISSUED UNDER THIS CHAPTER OR UNDER A SURFACE 5,609
MINING PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE. 5,612
THE CHIEF'S PRIORITY FOR MANAGEMENT OF THE FUND, INCLUDING THE 5,613
SELECTION OF PROJECTS AND TRANSFER OF MONEYS, SHALL BE TO ENSURE 5,614
THAT SUFFICIENT MONEYS ARE AVAILABLE FOR THE RECLAMATION OF AREAS 5,615
AFFECTED BY MINING UNDER A COAL MINING AND RECLAMATION PERMIT. 5,616
THE chief may expend moneys from the defaulted areas fund 5,619
to pay necessary administrative costs, including engineering and 5,620
design services, incurred by the division in reclaiming these 5,621
areas. EXPENDITURES FROM THE FUND TO PAY SUCH ADMINISTRATIVE 5,622
COSTS NEED NOT BE MADE UNDER CONTRACT. 5,623
AS MONEYS ARE SPENT FROM THE FUND, THE DIRECTOR OF BUDGET 5,626
131
AND MANAGEMENT, UPON THE CERTIFICATION OF THE CHIEF, SHALL 5,627
TRANSFER ADDITIONAL MONEYS FROM THE UNRECLAIMED LANDS FUND
CREATED IN SECTION 1513.30 OF THE REVISED CODE THAT THE CHIEF 5,630
REQUESTS, PROVIDED THAT THE DIRECTOR SHALL NOT TRANSFER MORE THAN 5,631
ONE MILLION DOLLARS FROM THE UNRECLAIMED LANDS FUND TO THE 5,632
RECLAMATION SUPPLEMENTAL FORFEITURE FUND DURING ANY FISCAL YEAR. 5,634
(C) Except when paying necessary administrative costs 5,636
authorized by division (B) of this section, expenditures from 5,637
either fund shall be made under contracts entered into by the 5,638
chief, with the approval of the director of natural resources, in 5,639
accordance with procedures established by the chief, by rules 5,640
adopted in accordance with section 1513.02 of the Revised Code. 5,641
The chief may reclaim the land in the same manner as set forth in 5,642
sections 1513.21 to 1513.24 of the Revised Code. Each contract 5,643
awarded by the chief shall be awarded to the lowest responsive 5,644
and responsible bidder, in accordance with section 9.312 of the 5,645
Revised Code, after sealed bids are received, opened, and 5,646
published at the time and place fixed by the chief. The chief 5,647
shall publish notice of the time and place at which bids will be 5,648
received, opened, and published, at least once and at least ten 5,649
days before the date of the opening of the bids, in a newspaper 5,650
of general circulation in the county in which the area of land to 5,651
be reclaimed under the contract is located. If, after 5,652
advertising, no bids are received by the chief at the time and 5,653
place fixed for receiving them, the chief may advertise again for 5,654
bids, or, if he THE CHIEF considers the public interest will best 5,656
be served, he THE CHIEF may enter into a contract for the 5,657
reclamation of the area of land without further advertisement for 5,659
bids. The chief may reject any or all bids received and again 5,660
publish notice of the time and place at which bids for contracts 5,661
will be received, opened, and published. The chief, with the 5,662
approval of the director, may enter into a contract with the 5,663
landowner, a coal mine operator or surface mine operator mining 5,664
under a current, valid permit issued under this chapter or 5,665
132
Chapter 1514. of the Revised Code, or a contractor hired by the 5,667
surety to complete reclamation to carry out reclamation on land 5,668
affected by coal mining on which an operator has defaulted
without advertising for bids. 5,669
(D) There is hereby created the reclamation supplemental 5,671
forfeiture fund in the state treasury, to be used by the chief to 5,673
reclaim areas that any operator has affected by mining and failed 5,674
to reclaim under a coal mining and reclamation permit issued on 5,676
or after September 1, 1981. The chief's priority for management 5,677
of the fund, including the selection of projects and transfer of
moneys, shall be to ensure that sufficient moneys are available 5,678
for reclamation of such areas. 5,679
The chief may expend moneys from the fund to pay necessary 5,681
administrative costs, including engineering and design services, 5,682
incurred by the division in reclaiming these areas. Expenditures 5,683
from the fund to pay such administrative costs need not be made 5,684
under contract. As moneys are spent from the fund, the director 5,685
of budget and management, upon the certification of the chief,
shall transfer such additional moneys from the unreclaimed lands 5,686
fund created in section 1513.30 of the Revised Code as are needed 5,687
to keep the balance of the reclamation supplemental forfeiture 5,688
fund at two million dollars, provided that the director shall not 5,689
transfer more than one million dollars to that fund during any 5,690
fiscal year.
(E) If the amount of money credited to the reclamation 5,692
forfeiture fund from the forfeiture of the bond applicable to the 5,693
area of land is not sufficient to pay the cost of doing all of 5,694
the reclamation work on land that the operator should have done, 5,695
but failed to do under a coal mining and reclamation permit 5,696
issued on or after September 1, 1981, the chief may expend from 5,697
THE MONEYS CREDITED TO the reclamation supplemental forfeiture 5,698
fund created in this UNDER section 5749.02 OF THE REVISED CODE OR 5,702
TRANSFERRED TO THE FUND UNDER DIVISION (B) OF THIS SECTION OR 5,704
UNDER SECTION 1513.181 OF THE REVISED CODE the amount of money 5,707
133
necessary to complete the reclamation work to the standards 5,708
required by this chapter. 5,709
(F) If the amount of money credited to the defaulted areas 5,711
fund from the forfeiture of the bond applicable to the area of 5,712
land is not sufficient to pay the cost of doing all of the 5,713
reclamation work on land that the operator should have done, but 5,714
failed to do under a permit issued under this chapter after April 5,715
10, 1972, but before September 1, 1981, the chief may expend the 5,716
additional amount of money necessary to complete the reclamation 5,717
work to the standards required by this chapter from moneys 5,718
credited to the fund under Chapter 5749. of the Revised Code or 5,719
transferred to the fund under section 1513.181 of the Revised 5,720
Code. 5,721
(G)(E) The chief shall keep a detailed accounting of the 5,723
expenditures from the reclamation supplemental forfeiture fund 5,724
and of the additional expenditures from the defaulted areas fund 5,725
to complete reclamation of the land and, upon completion of the 5,726
reclamation, shall certify the expenditures to the attorney 5,727
general. Upon the chief's certification of the expenditures from 5,728
the reclamation supplemental forfeiture fund or the additional 5,729
expenditures from the defaulted areas fund, the attorney general 5,730
shall bring an action for that amount of money. The operator is 5,731
liable for such THAT expense in addition to any other liabilities 5,733
imposed by law. Moneys so recovered shall be credited to the 5,734
reclamation supplemental forfeiture fund or the defaulted areas 5,735
fund, as appropriate. The chief shall not postpone the 5,736
reclamation because of any action brought by the attorney general 5,737
under this division. Prior to completing reclamation, the chief 5,738
may collect through the attorney general any additional amount 5,739
that the chief believes will be necessary for reclamation in 5,740
excess of the forfeited bond amount applicable to the land that 5,741
the operator should have, but failed to, reclaim. 5,742
(H)(F) If any part of the moneys in the reclamation 5,744
forfeiture fund remains in the fund after the chief has caused 5,746
134
the area of land to be reclaimed and has paid all the reclamation 5,747
costs and expenses, the chief may expend those moneys to complete 5,748
other reclamation work performed under this section on forfeiture 5,749
areas affected under a coal mining and reclamation permit issued 5,750
on or after September 1, 1981. 5,751
(I) If any part of the moneys in the defaulted areas fund 5,753
remains in the fund after the chief has caused the area of land 5,755
to be reclaimed and has paid all the reclamation costs and 5,756
expenses, the chief may expend those moneys to complete other 5,757
reclamation work performed under this section on forfeiture areas 5,758
affected under a coal mining and reclamation permit issued after
April 10, 1972, but before September 1, 1981. 5,759
(J)(G) The chief shall require every contractor performing 5,761
reclamation work pursuant to this section to pay workers at the 5,762
greater of their regular rate of pay, as established by contract, 5,763
agreement, or prior custom or practice, or the average wage rate 5,764
paid in this state for the same or similar work as determined by 5,765
the chief under section 1513.02 of the Revised Code. 5,766
Sec. 1513.181. There is hereby created in the state 5,775
treasury the coal mining administration and reclamation reserve 5,776
fund. The fund shall be used for the administration and 5,777
enforcement of this chapter. The chief of the division of mines 5,779
and reclamation shall expend the balance of moneys paid into the
fund in accordance with MAY TRANSFER NOT MORE THAN ONE MILLION 5,781
DOLLARS ANNUALLY FROM THE FUND TO THE RECLAMATION SUPPLEMENTAL 5,782
FORFEITURE FUND CREATED IN section 1513.18 of the Revised Code to 5,784
complete reclamation of lands affected by coal mining under a 5,785
permit issued under this chapter after April 10, 1972, but before 5,786
September 1, 1981, OR BY SURFACE MINING UNDER A SURFACE MINING 5,787
PERMIT ISSUED UNDER CHAPTER 1514. OF THE REVISED CODE, that the 5,788
operator failed to reclaim and for which the operator's bond is 5,791
insufficient to complete the reclamation. Within ten days before 5,792
or after the beginning of each calendar quarter, the chief shall 5,793
certify to the director of budget and management the amount of 5,794
135
money needed to perform such reclamation during the quarter for 5,795
transfer from the coal mining administration and reclamation 5,796
reserve fund to the defaulted areas RECLAMATION SUPPLEMENTAL 5,797
FORFEITURE fund created in division (B) of section 1513.18 of the 5,798
Revised Code. The total amount of such transfers during a fiscal 5,799
year shall not exceed the amount of moneys paid into the coal 5,800
mining administration and reclamation reserve fund not used for 5,801
administration and enforcement of this chapter. 5,802
Fines collected under division (F) of section 1513.02 and 5,804
section 1513.99 of the Revised Code, and fines collected for a 5,805
violation of section 2921.31 of the Revised Code that, prior to 5,806
the effective date of this amendment JULY 1, 1996, would have 5,807
been a violation of division (G) of section 1513.17 of the 5,808
Revised Code as it existed prior to that date, shall be paid into 5,809
the coal mining administration and reclamation reserve fund. 5,810
Sec. 1513.20. The chief of the division of mines and 5,819
reclamation, with the approval of the director of natural 5,821
resources, may purchase or acquire by gift, donation, or 5,822
contribution any eroded land, including land affected by strip
mining, for which no cash is held in the strip mining reclamation 5,823
FORFEITURE fund created by section 1513.18 of the Revised Code. 5,825
For this purpose the chief may expend moneys deposited in the 5,826
unreclaimed lands fund created by section 1513.30 of the Revised 5,827
Code. All lands purchased or acquired shall be deeded to the
state, but no deed shall be accepted or the purchase price paid 5,828
until the title has been approved by the attorney general. 5,829
Sec. 1513.30. There is hereby created in the state 5,838
treasury the unreclaimed lands fund, to be administered by the 5,839
chief of the division of mines and reclamation and used for the 5,840
purpose of reclaiming land, public or private land, affected by 5,841
mining or controlling mine drainage, for which no cash is held in 5,842
the strip mining reclamation FORFEITURE fund created in section 5,843
1513.18 of the Revised Code or the surface mining reclamation 5,845
fund created in section 1514.06 of the Revised Code, and also for 5,846
136
the purpose of paying the expenses and compensation of the 5,847
council on unreclaimed strip mined lands as required by section 5,848
1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 5,850
fund toward reclamation projects that fulfill priority needs and 5,851
provide the greatest public benefits, the chief shall 5,852
periodically SHALL submit to the council project proposals to be 5,854
financed from the unreclaimed lands fund, together with benefit 5,855
and cost data and other pertinent information. For the purpose 5,856
of selecting project areas and determining the boundaries of 5,857
project areas, the council shall consider the feasibility, cost, 5,858
and public benefits of reclaiming the areas, their potential for 5,859
being mined, the availability of federal or other financial 5,860
assistance for reclamation, and the geographic distribution of 5,861
project areas to ensure fair distribution among affected areas. 5,862
The council shall give priority to areas where there is 5,864
little or no likelihood that the area will be mined OF MINING 5,865
within the foreseeable future, reclamation is feasible at 5,867
reasonable cost with available funds, and either of the following 5,868
applies:
(A) The pollution of the waters of the state and damage to 5,870
adjacent property are most severe and widespread.; 5,871
(B) Reclamation will make possible public uses for soil, 5,873
water, forest, or wildlife conservation or public recreation 5,874
purposes, will facilitate orderly commercial or industrial site 5,875
development, or will facilitate the use or improve the enjoyment 5,876
of nearby public conservation or recreation lands. 5,877
At least two weeks before any meeting of the council on 5,879
unreclaimed strip mined lands at which the chief will submit a 5,880
project proposal, a project area will be selected, or the 5,881
boundaries of a project area will be determined, the chief shall 5,882
mail notice by first class mail to the board of county 5,883
commissioners of the county and the board of township trustees of 5,884
the township in which the proposed project lies and the chief 5,885
137
executive and the legislative authority of each municipal 5,886
corporation within the proposed project area. The chief also 5,888
shall give reasonable notice to the news media in the county
where the proposed project lies. 5,889
Expenditures from the unreclaimed lands fund for 5,891
reclamation projects may be made only for projects that are 5,892
within the boundaries of project areas approved by the council, 5,893
and expenditures for a particular project may not exceed any 5,894
applicable limits set by the council. Expenditures from the 5,895
unreclaimed lands fund shall be made by the chief, with the 5,896
approval of the director of natural resources. 5,897
The controlling board may transfer excess funds from the 5,899
oil and gas well plugging fund, after recommendation by the 5,900
council on unreclaimed strip mined lands, to meet deficiencies in 5,901
the unreclaimed lands fund. 5,902
The chief may expend an amount not to exceed twenty per 5,904
cent of the moneys credited annually by the treasurer of state to 5,905
the unreclaimed lands fund for the purpose of administering the 5,906
unreclaimed lands fund. 5,907
THE CHIEF MAY ENGAGE IN COOPERATIVE PROJECTS UNDER THIS 5,909
SECTION WITH ANY AGENCY OF THE UNITED STATES, APPROPRIATE STATE 5,910
AGENCIES, OR STATE UNIVERSITIES OR COLLEGES AS DEFINED IN SECTION 5,911
3345.27 OF THE REVISED CODE AND MAY TRANSFER MONEY FROM THE FUND, 5,912
WITH THE APPROVAL OF THE COUNCIL, TO OTHER APPROPRIATE STATE 5,913
AGENCIES OR TO STATE UNIVERSITIES OR COLLEGES IN ORDER TO CARRY 5,914
OUT THE RECLAMATION ACTIVITIES AUTHORIZED BY THIS SECTION.
Sec. 1513.37. (A) There is hereby created in the state 5,923
treasury the abandoned mine reclamation fund, which shall be 5,924
administered by the chief of the division of mines and 5,925
reclamation. The fund shall consist of grants from the United 5,926
States secretary of the interior out of FROM the federal 5,927
abandoned mine reclamation fund established by Title IV of the 5,929
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 5,930
445, 30 U.S.C.A. 1201, regulations adopted thereunder UNDER IT, 5,931
138
and amendments thereto TO THE ACT AND REGULATIONS. Expenditures 5,933
from the abandoned mine reclamation fund shall be made by the 5,934
chief for the following purposes:
(1) Reclamation and restoration of land and water 5,936
resources adversely affected by past coal mining, including, but 5,937
not limited to, reclamation and restoration of abandoned strip 5,938
mine areas, abandoned coal processing areas, and abandoned coal 5,939
refuse disposal areas; sealing and filling of abandoned deep mine 5,940
entries and voids; planting of land adversely affected by past 5,941
coal mining; prevention of erosion and sedimentation; prevention, 5,942
abatement, treatment, and control of water pollution created by 5,943
coal mine drainage, including restoration of streambeds and 5,944
construction and operation of water treatment plants; prevention, 5,945
abatement, and control of burning coal refuse disposal areas and 5,946
burning coal in situ; and prevention, abatement, and control of 5,947
coal mine subsidence; 5,948
(2) Acquisition and filling of voids and sealing of 5,950
tunnels, shafts, and entryways of non-coal NONCOAL lands; 5,951
(3) Acquisition of land as provided for in this section; 5,953
(4) Administrative expenses incurred in accomplishing the 5,955
purposes of this section; 5,956
(5) All other necessary expenses to accomplish the 5,958
purposes of this section. 5,959
(B) Expenditures of moneys from the fund on land and water 5,961
eligible pursuant to division (C) of this section shall reflect 5,962
the following priorities in the order stated: 5,963
(1) The protection of public health, safety, general 5,965
welfare, and property from extreme danger of adverse effects of 5,966
coal mining practices; 5,967
(2) The protection of public health, safety, and general 5,969
welfare from adverse effects of coal mining practices; 5,970
(3) The restoration of land and water resources and the 5,972
environment previously degraded by adverse effects of coal mining 5,973
practices, including measures for the conservation and 5,974
139
development of soil and water (excluding channelization), 5,975
woodland, fish and wildlife, recreation resources, and 5,976
agricultural productivity; 5,977
(4) Research and demonstration projects relating to the 5,979
development of coal mining reclamation and water quality control 5,980
program methods and techniques; 5,981
(5) The protection, repair, replacement, construction, or 5,983
enhancement of public facilities such as utilities, roads, 5,984
recreation facilities, and conservation facilities adversely 5,985
affected by coal mining practices; 5,986
(6) The development of publicly owned land adversely 5,988
affected by coal mining practices, including land acquired as 5,989
provided in this section for recreation and historic purposes, 5,990
conservation and reclamation purposes, and open space benefits. 5,991
(C)(1) Lands and water eligible for reclamation or 5,993
drainage abatement expenditures under this section are those that 5,994
were mined for coal or were affected by such mining, wastebanks, 5,995
coal processing, or other coal mining processes and that meet one 5,996
of the following criteria: 5,997
(a) Are lands that were and abandoned or left in an 6,000
inadequate reclamation status prior to August 3, 1977, and for 6,001
which there is no continuing reclamation responsibility under
state or federal laws; 6,002
(b) Are lands for which the chief finds that surface coal 6,004
mining operations occurred at any time between August 4, 1977, 6,005
and August 16, 1982, and that any moneys for reclamation or 6,006
abatement that are available pursuant to a bond or other form of 6,007
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 6,008
(c) Are lands for which the chief finds that surface coal 6,010
mining operations occurred at any time between August 4, 1977, 6,011
and November 5, 1990, that the surety of the mining operator 6,012
became insolvent during that time, and that, as of November 5, 6,013
1990, any moneys immediately available from proceedings relating 6,014
140
to that insolvency or from any financial guarantee or other 6,015
source are not sufficient to provide for adequate reclamation or 6,016
abatement at the site.
(2) In determining which sites to reclaim pursuant to 6,018
divisions (C)(1)(b) and (c) of this section, the chief shall 6,019
follow the priorities stated in divisions (B)(1) and (2) of this 6,020
section and shall ensure that priority is given to those sites 6,021
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 6,022
(3) Surface coal mining operations on lands eligible for 6,024
remining shall not affect the eligibility of those lands for 6,025
reclamation and restoration under this section after the release 6,026
of the bond for any such operation as provided under division (F) 6,027
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 6,028
forfeited, moneys available under this section may be used if the 6,029
amount of the bond is not sufficient to provide for adequate 6,030
reclamation or abatement, except that if conditions warrant, the 6,031
chief immediately shall exercise the authority granted under 6,032
division (L) of this section.
(D) The chief may submit to the secretary of the interior 6,034
a state reclamation plan and annual projects to carry out the 6,035
purposes of this section. 6,036
(1) The reclamation plan generally shall identify the 6,038
areas to be reclaimed, the purposes for which the reclamation is 6,039
proposed, the relationship of the lands to be reclaimed and the 6,040
proposed reclamation to surrounding areas, the specific criteria 6,041
for ranking and identifying projects to be funded, and the legal 6,042
authority and programmatic capability to perform such THE work in 6,044
accordance with this section. 6,045
(2) On an annual basis, the chief may submit to the 6,047
secretary an application for support of the abandoned mine 6,048
reclamation fund and implementation of specific reclamation 6,049
projects. The annual requests shall include such information as 6,050
141
may be requested by the secretary. 6,051
Before submitting an annual application to the secretary, 6,053
the chief first shall submit it to the council on unreclaimed 6,055
strip mined lands for review and approval by the council. The 6,056
chief shall not submit such an application to the secretary until 6,058
it has been approved by the council. The chief shall submit 6,059
applications for administrative costs, imminent hazards, or 6,060
emergency projects to the council for review. 6,061
(3) The costs for each proposed project under this section 6,063
shall include actual construction costs, actual operation and 6,064
maintenance costs of permanent facilities, planning and 6,065
engineering costs, construction inspection costs, and other 6,066
necessary administrative expenses. 6,067
(4) Before making any expenditure of funds from the fund 6,069
to implement any specific reclamation project under this section, 6,070
the chief first shall submit to the council a project proposal 6,072
and any other pertinent information regarding the project 6,073
requested by the council for review and approval of the specific 6,074
project by the council. 6,076
(5) The chief may submit such annual and other reports 6,078
required by the secretary when funds are provided by the 6,079
secretary under Title IV of the "Surface Mining Control and 6,080
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201, 6,081
regulations adopted thereunder UNDER IT, and amendments thereto 6,083
TO THE ACT AND REGULATIONS.
(E)(1) There is hereby created in the state treasury the 6,085
acid mine drainage abatement and treatment fund, which shall be 6,086
administered by the chief. The fund shall consist of grants from 6,087
the United States secretary of the interior out of FROM the 6,088
federal abandoned mine reclamation fund pursuant to section 6,089
402(g)(6) of Title IV of the "Surface Mining Control and 6,090
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201. All 6,091
investment earnings of the fund shall be credited to the fund. 6,092
(2) The chief shall make expenditures from the fund, in 6,094
142
consultation with the United States department of agriculture, 6,096
soil conservation service, to implement acid mine drainage 6,097
abatement and treatment plans approved by the United States 6,098
secretary of the interior. The plans shall provide for the 6,099
comprehensive abatement of the causes and treatment of the 6,100
effects of acid mine drainage within qualified hydrologic units 6,101
affected by coal mining practices and shall include at least all 6,102
of the following:
(1)(a) An identification of the qualified hydrologic unit. 6,104
As used in division (E) of this section, "qualified hydrologic 6,106
unit" means a hydrologic unit that meets all of the following 6,107
criteria:
(a)(i) The water quality in the unit has been 6,109
significantly affected by acid mine drainage from coal mining 6,111
practices in a manner that has an adverse impact on biological 6,112
resources;
(b)(ii) The unit contains lands and waters that meet the 6,114
eligibility requirements established under division (C) of this 6,115
section and any of the priorities established in divisions (B)(1) 6,116
to (3) of this section;
(c)(iii) The unit contains lands and waters that are 6,118
proposed to be the subject of expenditures from the reclamation 6,120
forfeiture fund created in section 1513.18 of the Revised Code, 6,121
the defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund 6,122
created in that section, or the unreclaimed lands fund created in 6,123
section 1513.30 of the Revised Code.
(2)(b) The extent to which acid mine drainage is affecting 6,125
the water quality and biological resources within the hydrologic 6,127
unit;
(3)(c) An identification of the sources of acid mine 6,129
drainage within the hydrologic unit; 6,131
(4)(d) An identification of individual projects and the 6,133
measures proposed to be undertaken to abate and treat the causes 6,135
or effects of acid mine drainage within the hydrologic unit; 6,136
143
(5)(e) The cost of undertaking the proposed abatement and 6,138
treatment measures; 6,139
(6)(f) An identification of existing and proposed sources 6,141
of funding for those measures; 6,143
(7)(g) An analysis of the cost-effectiveness and 6,145
environmental benefits of abatement and treatment measures. 6,147
(3) THE CHIEF MAY MAKE GRANTS OF MONEYS FROM THE ACID MINE 6,150
DRAINAGE ABATEMENT AND TREATMENT FUND TO WATERSHED GROUPS FOR 6,151
CONDUCTING PROJECTS TO ACCOMPLISH THE PURPOSES OF THIS SECTION. 6,152
A GRANT MAY BE MADE IN AN AMOUNT EQUAL TO NOT MORE THAN FIFTY PER 6,153
CENT OF EACH OF THE FOLLOWING:
(a) REASONABLE AND NECESSARY EXPENSES FOR THE COLLECTION 6,156
AND ANALYSIS OF DATA SUFFICIENT TO DO EITHER OR BOTH OF THE 6,157
FOLLOWING:
(i) IDENTIFY A WATERSHED AS A QUALIFIED HYDROLOGIC UNIT; 6,160
(ii) MONITOR THE QUALITY OF WATER IN A QUALIFIED 6,162
HYDROLOGIC UNIT BEFORE, DURING, AND AT ANY TIME AFTER COMPLETION 6,163
OF THE PROJECT BY THE WATERSHED GROUP. 6,164
(b) ENGINEERING DESIGN COSTS AND CONSTRUCTION COSTS 6,167
INVOLVED IN THE PROJECT, PROVIDED THAT THE PROJECT IS CONDUCTED 6,168
IN A QUALIFIED HYDROLOGIC UNIT AND THE CHIEF CONSIDERS THE 6,169
PROJECT TO BE A PRIORITY.
A WATERSHED GROUP THAT WISHES TO OBTAIN A GRANT UNDER 6,171
DIVISION (E)(3) OF THIS SECTION SHALL SUBMIT AN APPLICATION TO 6,173
THE CHIEF ON FORMS PROVIDED BY THE DIVISION OF MINES AND 6,174
RECLAMATION, TOGETHER WITH DETAILED ESTIMATES AND TIMETABLES FOR 6,175
ACCOMPLISHING THE STATED GOALS OF THE PROJECT AND ANY OTHER 6,176
INFORMATION THAT THE CHIEF REQUIRES. 6,177
FOR THE PURPOSES OF ESTABLISHING PRIORITIES FOR AWARDING 6,179
GRANTS UNDER DIVISION (E)(3) OF THIS SECTION, THE CHIEF SHALL 6,181
CONSIDER EACH PROJECT'S FEASIBILITY, COST-EFFECTIVENESS, AND 6,182
ENVIRONMENTAL BENEFIT, TOGETHER WITH THE AVAILABILITY OF MATCHING 6,183
FUNDING, INCLUDING IN-KIND SERVICES, FOR THE PROJECT. 6,184
THE CHIEF SHALL ENTER INTO A CONTRACT FOR FUNDING WITH EACH 6,187
144
APPLICANT AWARDED A GRANT TO ENSURE THAT THE MONEYS GRANTED ARE 6,188
USED FOR THE PURPOSES OF THIS SECTION AND THAT THE WORK THAT THE 6,189
PROJECT INVOLVES IS DONE PROPERLY. THE CONTRACT IS NOT SUBJECT 6,190
TO DIVISION (B) OF SECTION 127.16 OF THE REVISED CODE. THE FINAL 6,192
PAYMENT OF GRANT MONEYS SHALL NOT BE MADE UNTIL THE CHIEF 6,193
INSPECTS AND APPROVES THE COMPLETED PROJECT. 6,194
THE CHIEF SHALL REQUIRE EACH APPLICANT AWARDED A GRANT 6,196
UNDER THIS SECTION WHO CONDUCTS A PROJECT INVOLVING CONSTRUCTION 6,197
WORK TO PAY WORKERS AT THE GREATER OF THEIR REGULAR RATE OF PAY, 6,198
AS ESTABLISHED BY CONTRACT, AGREEMENT, OR PRIOR CUSTOM OR 6,199
PRACTICE, OR THE AVERAGE WAGE RATE PAID IN THIS STATE FOR THE 6,200
SAME OR SIMILAR WORK PERFORMED IN THE SAME OR A SIMILAR LOCALITY 6,201
BY PRIVATE COMPANIES DOING SIMILAR WORK ON SIMILAR PROJECTS. 6,203
AS USED IN DIVISION (E)(3) OF THIS SECTION, "WATERSHED 6,206
GROUP" MEANS A CHARITABLE ORGANIZATION AS DEFINED IN SECTION 6,207
1716.01 OF THE REVISED CODE THAT HAS BEEN ESTABLISHED FOR THE 6,209
PURPOSE OF CONDUCTING RECLAMATION OF LAND AND WATERS ADVERSELY 6,210
AFFECTED BY COAL MINING PRACTICES AND SPECIFICALLY FOR CONDUCTING 6,211
ACID MINE DRAINAGE ABATEMENT.
(F)(1) If the chief makes a finding of fact that land or 6,213
water resources have been adversely affected by past coal mining 6,214
practices; the adverse effects are at a stage where, in the 6,215
public interest, action to restore, reclaim, abate, control, or 6,216
prevent the adverse effects should be taken; the owners of the 6,217
land or water resources where entry must be made to restore, 6,218
reclaim, abate, control, or prevent the adverse effects of past 6,219
coal mining practices are not known or are not readily available; 6,220
or the owners will not give permission for the state, political 6,221
subdivisions, or their agents, employees, or contractors to enter 6,222
upon the property to restore, reclaim, abate, control, or prevent 6,223
the adverse effects of past coal mining practices; then, upon 6,224
giving notice by mail to the owners, if known, or, if not known, 6,225
by posting notice upon the premises and advertising once in a 6,226
newspaper of general circulation in the municipal corporation or 6,227
145
county in which the land lies, the chief or the chief's agents, 6,229
employees, or contractors may enter upon the property adversely 6,230
affected by past coal mining practices and any other property to 6,231
have access to the property to do all things necessary or 6,232
expedient to restore, reclaim, abate, control, or prevent the 6,233
adverse effects. The entry shall be construed as an exercise of 6,234
the police power for the protection of the public health, safety, 6,235
and general welfare and shall not be construed as an act of 6,236
condemnation of property nor of trespass thereon ON IT. The 6,237
moneys expended for the work and the benefits accruing to any 6,239
such premises so entered upon shall be chargeable against the 6,240
land and shall mitigate or offset any claim in or any action 6,241
brought by any owner of any interest in the premises for any 6,242
alleged damages by virtue of the entry, but this provision is not 6,243
intended to create new rights of action or eliminate existing 6,244
immunities.
(2) The chief or the chief's authorized representatives 6,246
may enter upon any property for the purpose of conducting studies 6,248
or exploratory work to determine the existence of adverse effects 6,249
of past coal mining practices and to determine the feasibility of 6,250
restoration, reclamation, abatement, control, or prevention of 6,251
such adverse effects. The entry shall be construed as an 6,252
exercise of the police power for the protection of the public 6,253
health, safety, and general welfare and shall not be construed as 6,254
an act of condemnation of property nor trespass thereon ON IT. 6,255
(3) The chief may acquire any land by purchase, donation, 6,257
or condemnation that is adversely affected by past coal mining 6,258
practices if the chief determines that acquisition of the land is 6,259
necessary to successful reclamation and that all of the following 6,260
apply:
(a) The acquired land, after restoration, reclamation, 6,262
abatement, control, or prevention of the adverse effects of past 6,263
coal mining practices, will serve recreation and historic 6,264
purposes, serve conservation and reclamation purposes, or provide 6,265
146
open space benefits; 6,266
(b) Permanent facilities such as a treatment plant or a 6,268
relocated stream channel will be constructed on the land for the 6,269
restoration, reclamation, abatement, control, or prevention of 6,270
the adverse effects of past coal mining practices; 6,271
(c) Acquisition of coal refuse disposal sites and all coal 6,273
refuse thereon will serve the purposes of this section or that 6,274
public ownership is desirable to meet emergency situations and 6,275
prevent recurrences of the adverse effects of past coal mining 6,276
practices. 6,277
(4)(a) Title to all lands acquired pursuant to this 6,279
section shall be in the name of the state. The price paid for 6,280
land acquired under this section shall reflect the market value 6,281
of the land as adversely affected by past coal mining practices. 6,282
(b) The chief may receive grants on a matching basis from 6,284
the secretary of the interior for the purpose of carrying out 6,285
this section. 6,286
(5)(a) Where land acquired pursuant to this section is 6,288
considered to be suitable for industrial, commercial, 6,289
residential, or recreational development, the chief may sell the 6,290
land by public sale under a system of competitive bidding at not 6,291
less than fair market value and under such other requirements 6,292
imposed by rule to ensure that the lands are put to proper use 6,293
consistent with local and state land use plans, if any, as 6,294
determined by the chief. 6,295
(b) The chief, when requested, and after appropriate 6,297
public notice, shall hold a public meeting in the county, 6,298
counties, or other appropriate political subdivisions of the 6,299
state in which lands acquired pursuant to this section are 6,300
located. The meetings shall be held at a time which THAT shall 6,301
afford local citizens and governments the maximum opportunity to 6,303
participate in the decision concerning the use or disposition of 6,304
the lands after restoration, reclamation, abatement, control, or 6,305
prevention of the adverse effects of past coal mining practices. 6,306
147
(6) In addition to the authority to acquire land under 6,308
division (F)(3) of this section, the chief may use money in the 6,309
fund to acquire land by purchase, donation, or condemnation, and 6,310
to reclaim and transfer acquired land to a political subdivision, 6,311
or to any person, if the chief determines that it is an integral 6,313
and necessary element of an economically feasible plan for the 6,314
construction or rehabilitation of housing for persons disabled as 6,315
the result of employment in the mines or work incidental thereto 6,316
TO THAT EMPLOYMENT, persons displaced by acquisition of land 6,317
pursuant to this section, persons dislocated as the result of 6,318
adverse effects of coal mining practices that constitute an 6,319
emergency as provided in the "Surface Mining Control and 6,320
Reclamation Act of 1977," 91 Stat. 466, 30 U.S.C.A. 1240, or 6,321
amendments thereto TO IT, or persons dislocated as the result of 6,323
natural disasters or catastrophic failures from any cause. Such 6,324
activities shall be accomplished under such terms and conditions 6,325
as the chief requires, which may include transfers of land with 6,326
or without monetary consideration, except that to the extent that 6,327
the consideration is below the fair market value of the land 6,328
transferred, no portion of the difference between the fair market 6,329
value and the consideration shall accrue as a profit to those 6,330
persons. No part of the funds provided under this section may be 6,331
used to pay the actual construction costs of housing. The chief 6,332
may carry out the purposes of this division (F)(6) OF THIS 6,333
SECTION directly or by making grants and commitments for grants, 6,335
and may advance money under such terms and conditions as the 6,336
chief may require to any agency or instrumentality of the state 6,338
or any public body or nonprofit organization designated by the 6,339
chief.
(G)(1) Within six months after the completion of projects 6,341
to restore, reclaim, abate, control, or prevent adverse effects 6,342
of past coal mining practices on privately owned land, the chief 6,343
shall itemize the moneys so expended and may file a statement 6,344
thereof OF THE EXPENDITURES in the office of the county recorder 6,345
148
of the county in which the land lies, together with a notarized 6,347
appraisal by an independent appraiser of the value of the land 6,348
before the restoration, reclamation, abatement, control, or 6,349
prevention of adverse effects of past coal mining practices if 6,350
the moneys so expended result in a significant increase in 6,351
property value. The statement shall constitute a lien upon the 6,352
land as of the date of the expenditures of the moneys and shall 6,353
have priority as a lien second only to the lien of real property 6,354
taxes imposed upon the land. The lien shall not exceed the 6,355
amount determined by the appraisal to be the increase in the FAIR 6,356
market value of the land as a result of the restoration, 6,357
reclamation, abatement, control, or prevention of the adverse 6,358
effects of past coal mining practices. No lien shall be filed 6,359
under this division (G) OF THIS SECTION against the property of 6,361
any person who owned the surface prior to May 2, 1977, and did
not consent to, participate in, or exercise control over the 6,362
mining operation that necessitated the reclamation performed. 6,363
(2) The landowner may petition, within sixty days after 6,365
the filing of the lien, to determine the increase in the FAIR 6,366
market value of the land as a result of the restoration, 6,367
reclamation, abatement, control, or prevention of the adverse 6,368
effects of past coal mining practices. The amount reported to be 6,369
the increase in value of the premises shall constitute the amount 6,370
of the lien and shall be recorded with the statement provided in 6,371
this section. Any party aggrieved by the decision may appeal as 6,372
provided by state law. 6,373
(3) The lien provided in this division (G) OF THIS SECTION 6,376
shall be recorded and indexed, under the name of the state and 6,377
the landowner, in a lien index in the office of the county 6,378
recorder of the county in which the land lies. The county 6,379
recorder shall impose no charge for the recording or indexing of 6,380
the lien. If the land is registered, the county recorder shall 6,381
make a notation and enter a memorial of the lien upon the page of 6,382
the register in which the last certificate of title to the land 6,383
149
is registered, stating the name of the claimant, amount claimed, 6,384
volume and page of the record where recorded, and exact time the 6,385
memorial was entered.
(4) The lien shall continue in force so long as any 6,387
portion of the amount of the lien remains unpaid. If the lien 6,388
remains unpaid at the time of conveyance of the land on which the 6,389
lien was placed, the conveyance may be set aside. Upon repayment 6,390
in full of the moneys expended under this section, the chief 6,392
promptly shall issue a certificate of release of the lien. Upon 6,393
presentation of the certificate of release, the county recorder 6,394
of the county in which the lien is recorded shall record the lien 6,395
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 6,397
upon the substantial failure of a landowner to pay any portion of 6,398
the amount of the lien. Before foreclosing any lien under this 6,399
section, the chief shall make a written demand upon the landowner 6,400
for payment. If the landowner does not pay the amount due within 6,401
sixty days, the chief shall refer the matter to the attorney 6,402
general, who shall institute a civil action to foreclose the
lien.
(H)(1) The chief may fill such voids, seal such abandoned 6,404
tunnels, shafts, and entryways, and reclaim surface impacts of 6,405
underground or strip mines that the chief determines could 6,406
endanger life and property, constitute a hazard to the public 6,408
health and safety, or degrade the environment. 6,409
(2) In those instances where mine waste piles are being 6,411
reworked for conservation purposes, the incremental costs of 6,412
disposing of the wastes from those operations by filling voids 6,413
and sealing tunnels may be eligible for funding, provided that 6,414
the disposal of these wastes meets the purposes of this section. 6,415
(3) The chief may acquire by purchase, donation, easement, 6,417
or otherwise such interest in land as the chief determines 6,418
necessary to carry out this division (H) OF THIS SECTION. 6,420
(I) Not later than January 1, 1978, and annually 6,422
150
thereafter, the THE chief shall report ANNUALLY to the secretary 6,424
of the interior on operations under the fund and include 6,425
recommendations as to its future uses. 6,426
(J)(1) The chief may engage in any work and do all things 6,428
necessary or expedient, including the adoption of rules, to 6,429
implement and administer this section. 6,430
(2) The chief may engage in cooperative projects under 6,432
this section with any agency of the United States, any other 6,433
state, or their governmental agencies OR WITH ANY STATE 6,434
UNIVERSITY OR COLLEGE AS DEFINED IN SECTION 3345.27 OF THE 6,435
REVISED CODE. THE COOPERATIVE PROJECTS ARE NOT SUBJECT TO 6,436
DIVISION (B) OF SECTION 127.16 OF THE REVISED CODE.
(3) The chief may request the attorney general to initiate 6,438
in any court of competent jurisdiction an action in equity for an 6,439
injunction to restrain any interference with the exercise of the 6,440
right to enter or to conduct any work provided in this section, 6,441
which remedy is in addition to any other remedy available under 6,442
this section. 6,443
(4) The chief may construct or operate a plant or plants 6,445
for the control and treatment of water pollution resulting from 6,446
mine drainage. The extent of this control and treatment may be 6,447
dependent upon the ultimate use of the water. Division (J)(4) of 6,448
this section does not repeal or supersede any portion of the 6,449
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 6,450
U.S.C.A. 1151, as amended, and no control or treatment under 6,451
division (J)(4) of this section, in any way, shall be less than 6,452
that required by that act. The construction of a plant or plants 6,453
may include major interceptors and other facilities appurtenant 6,454
to the plant. 6,455
(5) The chief may transfer money from the ABANDONED MINE 6,457
RECLAMATION FUND AND THE ACID MINE DRAINAGE ABATEMENT AND 6,459
TREATMENT fund to other appropriate state agencies OR TO STATE 6,460
UNIVERSITIES OR COLLEGES in order to carry out the reclamation 6,461
activities authorized by this section. 6,462
151
(K) The chief may contract for any part of work to be 6,464
performed under this section, with or without advertising for 6,465
bids, if the chief determines that a condition exists that could 6,467
reasonably be expected to cause substantial physical harm to 6,468
persons, property, or the environment and to which persons or 6,469
improvements on real property are currently exposed. 6,470
The chief shall require every contractor performing 6,472
reclamation work under this section to pay its workers at the 6,473
greater of their regular rate of pay, as established by contract, 6,474
agreement, or prior custom or practice, or the average wage rate 6,475
paid in this state for the same or similar work as determined by 6,476
the chief under section 1513.02 of the Revised Code. 6,477
(L)(1) The chief may contract for the emergency 6,479
restoration, reclamation, abatement, control, or prevention of 6,480
adverse effects of mining practices on eligible lands if the 6,481
chief determines that an emergency exists constituting a danger 6,482
to the public health, safety, or welfare and that no other person 6,483
or agency will act expeditiously to restore, reclaim, abate, 6,484
control, or prevent those adverse effects. The chief may enter 6,485
into a contract for emergency work under this division (L) OF 6,486
THIS SECTION without advertising for bids. Any such contract or 6,487
any purchase of materials for emergency work under this division 6,488
(L) OF THIS SECTION is not subject to division (B) of section 6,490
127.16 of the Revised Code.
(2) The chief or the chief's agents, employees, or 6,492
contractors may enter on any land where such an emergency exists, 6,494
and on other land in order to have access to that land, in order 6,495
to restore, reclaim, abate, control, or prevent the adverse 6,496
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 6,497
an entry shall be construed as an exercise of the police power 6,498
and shall not be construed as an act of condemnation of property 6,499
or of trespass. The moneys expended for the work and the 6,500
benefits accruing to any premises so entered upon shall be 6,501
152
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 6,502
the premises for any alleged damages by virtue of the entry. 6,504
This provision is not intended to create new rights of action or 6,505
eliminate existing immunities.
Sec. 1515.03. Each county shall have a soil and water 6,514
conservation district coextensive with the geographic area of the 6,515
county, and each district shall constitute a political 6,516
subdivision of this state. On May 2, 1980, each existing 6,517
district created pursuant to former section 1515.03 of the
Revised Code shall include the entire county in which it is 6,518
located.
A municipal corporation may remove itself from or reinstate 6,520
itself in the territory of a soil and water conservation district 6,521
by filing a resolution of its legislative authority with the soil 6,522
and water conservation commission at least sixty days before the 6,523
effective date of the removal or reinstatement. 6,524
Sec. 1515.08. The supervisors of a soil and water 6,534
conservation district have the following powers in addition to 6,535
their other powers: 6,536
(A) To conduct surveys, investigations, and research 6,538
relating to the character of soil erosion, floodwater and 6,539
sediment damages, and the preventive and control measures and 6,540
works of improvement for flood prevention and the conservation, 6,541
development, utilization, and disposal of water needed within the 6,542
district, and to publish the results of those surveys, 6,543
investigations, or research, provided that no district shall 6,544
initiate any research program except in cooperation or after 6,545
consultation with the Ohio agricultural research and development 6,546
center; 6,547
(B) To develop plans for the conservation of soil 6,549
resources, for the control and prevention of soil erosion, and 6,550
for works of improvement for flood prevention and the 6,551
conservation, development, utilization, and disposal of water 6,552
153
within the district, and to publish those plans and information; 6,553
(C) To implement, construct, repair, maintain, and operate 6,555
preventive and control measures and other works of improvement 6,556
for natural resource conservation and development and flood 6,557
prevention, and the conservation, development, utilization, and 6,558
disposal of water within the district on lands owned or 6,559
controlled by this state or any of its agencies and on any other 6,560
lands within the district, which works may include any facilities 6,561
authorized under state or federal programs, and to acquire, by 6,562
purchase or gift, to hold, encumber, or dispose of, and to lease 6,563
real and personal property or interests in such property for 6,564
those purposes; 6,565
(D) To cooperate or enter into agreements with any 6,567
occupier of lands within the district in the carrying on of 6,568
natural resource conservation operations and works of improvement 6,569
for flood prevention and the conservation, development, 6,570
utilization, and management of natural resources within the 6,571
district, subject to such conditions as the supervisors consider 6,572
necessary; 6,573
(E) To accept donations, gifts, grants, and contributions 6,575
in money, service, materials, or otherwise, and to use or expend 6,576
them according to their terms; 6,577
(F) To adopt, amend, and rescind rules to carry into 6,579
effect the purposes and powers of the district; 6,580
(G) To sue and plead in the name of the district, and be 6,582
sued and impleaded in the name of the district, with respect to 6,583
its contracts and, as indicated in section 1515.081 of the 6,584
Revised Code, certain torts of its officers, employees, or agents 6,585
acting within the scope of their employment or official 6,586
responsibilities, or with respect to the enforcement of its 6,587
obligations and covenants made under this chapter; 6,588
(H) To make and enter into all contracts, leases, and 6,590
agreements and execute all instruments necessary or incidental to 6,591
the performance of the duties and the execution of the powers of 6,592
154
the district under this chapter, provided that ALL OF THE 6,593
FOLLOWING APPLY: 6,594
(1) When EXCEPT AS PROVIDED IN SECTION 307.86 OF THE 6,596
REVISED CODE REGARDING EXPENDITURES BY BOARDS OF COUNTY 6,597
COMMISSIONERS, WHEN the cost under any such contract, lease, or 6,598
agreement, other than compensation for personal services or 6,599
rental of office space, involves an expenditure of more than ten 6,600
thousand dollars THE AMOUNT ESTABLISHED IN THAT SECTION REGARDING 6,601
EXPENDITURES BY BOARDS OF COUNTY COMMISSIONERS, the supervisors 6,602
shall make a written contract with the lowest and best bidder 6,604
after advertisement, for not less than two nor more than four 6,605
consecutive weeks preceding the day of the opening of bids, in a 6,606
newspaper of general circulation within the district and in such 6,607
other publications as the supervisors determine. The notice 6,608
shall state the general character of the work and materials to be 6,609
furnished, the place where plans and specifications may be 6,610
examined, and the time and place of receiving bids. 6,611
(2) Each bid for a contract shall contain the full name of 6,613
every person interested in it.; 6,614
(3) Each bid for a contract for the construction, 6,616
demolition, alteration, repair, or reconstruction of an 6,617
improvement shall meet the requirements of section 153.54 of the 6,618
Revised Code.; 6,619
(4) Each bid for a contract, other than a contract for the 6,621
construction, demolition, alteration, repair, or reconstruction 6,622
of an improvement, at the discretion of the supervisors, may be 6,623
accompanied by a bond or certified check on a solvent bank in an 6,624
amount not to exceed five per cent of the bid, conditioned that, 6,625
if the bid is accepted, a contract shall be entered into.; 6,626
(5) The supervisors may reject any and all bids. 6,628
(I) To make agreements with the department of natural 6,630
resources giving it control over lands of the district for the 6,631
purpose of construction of improvements by the department under 6,632
section 1501.011 of the Revised Code; 6,633
155
(J) To charge, alter, and collect rentals and other 6,635
charges for the use or services of any works of the district; 6,636
(K) To enter, either in person or by designated 6,638
representatives, upon lands, private or public, in the necessary 6,639
discharge of their duties; 6,640
(L) To enter into agreements or contracts with the 6,642
department for the determination, implementation, inspection, and 6,643
funding of agricultural pollution abatement and urban sediment 6,644
pollution abatement measures whereby landowners, operators, 6,645
managers, and developers may meet adopted state standards for a 6,646
quality environment, except that failure of a district board of 6,647
supervisors to negotiate an agreement or contract with the 6,648
department shall authorize the division of soil and water 6,649
conservation to implement the required program; 6,650
(M) To conduct demonstrations and provide information to 6,652
the public regarding practices and methods for natural resource 6,653
conservation, development, and utilization; 6,654
(N) Until June 1, 1996, to conduct surveys and 6,656
investigations relating to the incidence of the multiflora rose 6,657
within the district and of the nature and extent of the adverse 6,658
effects of the multiflora rose on agriculture, forestry, 6,659
recreation, and other beneficial land uses; 6,660
(O) Until June 1, 1996, to develop plans for the control 6,662
of the multiflora rose within the district and to publish those 6,663
plans and information related to control of the multiflora rose; 6,664
(P) Until June 1, 1996, to enter into contracts or 6,666
agreements with the chief of the division of soil and water 6,667
conservation to implement and administer a program for control of 6,668
the multiflora rose and to receive and expend funds provided by 6,669
the chief for that purpose; 6,670
(Q) Until June 1, 1996, to enter into cost-sharing 6,672
agreements with landowners for control of the multiflora rose. 6,673
Before entering into any such agreement, the board of supervisors 6,674
shall determine that the landowner's application meets the 6,675
156
eligibility criteria established under division (E)(6) of section 6,676
1511.02 of the Revised Code. The cost-sharing agreements shall 6,677
contain the contract provisions required by the rules adopted 6,678
under that division and such other provisions as the board of 6,679
supervisors considers appropriate to ensure effective control of 6,680
the multiflora rose. 6,681
(R) To enter into contracts or agreements with the chief 6,683
to implement and administer a program for urban sediment 6,684
pollution abatement and to receive and expend moneys provided by 6,685
the chief for that purpose; 6,686
(S) To develop operation and management plans, as defined 6,688
in section 1511.01 of the Revised Code, as necessary; 6,689
(T) To determine whether operation and management plans 6,691
developed under division (A) of section 1511.021 of the Revised 6,692
Code comply with the standards established under division (E)(1) 6,693
of section 1511.02 of the Revised Code and to approve or 6,694
disapprove the plans, based on such compliance. If an operation 6,695
and management plan is disapproved, the board shall provide a 6,696
written explanation to the person who submitted the plan. The 6,697
person may appeal the plan disapproval to the chief, who shall 6,698
afford the person a hearing. Following the hearing, the chief 6,699
shall uphold the plan disapproval or reverse it. If the chief 6,700
reverses the plan disapproval, the plan shall be deemed approved 6,701
under this division. In the event that any person operating or 6,702
owning agricultural land or a concentrated animal feeding 6,703
operation in accordance with an approved operation and management 6,704
plan who, in good faith, is following that plan, causes 6,705
agricultural pollution, the plan shall be revised in a fashion 6,706
necessary to mitigate the agricultural pollution, as determined 6,707
and approved by the board of supervisors of the soil and water 6,708
conservation district. 6,709
(T)(U) With regard to composting conducted in conjunction 6,711
with agricultural operations, to do all of the following: 6,712
(1) Upon request or upon their own initiative, inspect 6,714
157
composting at any such operation to determine whether the 6,715
composting is being conducted in accordance with section 1511.022 6,716
of the Revised Code; 6,717
(2) If the board determines that composting is not being 6,719
so conducted, request the chief to issue an order under division 6,720
(H) of section 1511.02 of the Revised Code requiring the person 6,721
who is conducting the composting to prepare a composting plan in 6,722
accordance with rules adopted under division (E)(10)(c) of that 6,723
section and to operate in accordance with that plan or to operate 6,724
in accordance with a previously prepared plan, as applicable; 6,725
(3) In accordance with rules adopted under division 6,727
(E)(10)(c) of section 1511.02 of the Revised Code, review and 6,728
approve or disapprove any such composting plan. If a plan is 6,729
disapproved, the board shall provide a written explanation to the 6,730
person who submitted the plan. 6,731
As used in division (T)(U) of this section, "composting" 6,733
has the same meaning as in section 1511.01 of the Revised Code. 6,734
(U)(V) To do all acts necessary or proper to carry out the 6,736
powers granted in this chapter. 6,737
The director of natural resources shall make 6,739
recommendations to reduce the adverse environmental effects of 6,740
each project that a soil and water conservation district plans to 6,741
undertake under division (A), (B), (C), or (D) of this section 6,742
and that will be funded in whole or in part by moneys authorized 6,743
under section 1515.16 of the Revised Code and shall disapprove 6,744
any such project which he THAT THE DIRECTOR finds will adversely 6,745
affect the environment without equal or greater benefit to the 6,747
public. The director's disapproval or recommendations, upon the 6,748
request of the district filed in accordance with rules adopted by 6,749
the Ohio soil and water conservation commission, shall be 6,750
reviewed by the commission, which may confirm the director's 6,751
decision, modify it, or add recommendations TO or approve a 6,752
project the director has disapproved. 6,753
Sec. 1515.24. Upon receipt of a certification made by the 6,762
158
supervisors of a soil and water conservation district pursuant to 6,763
section 1515.20 of the Revised Code, the board of county 6,764
commissioners may levy upon the property within the project area 6,765
an assessment at a uniform or varied rate based upon the benefit 6,766
to the area certified by the supervisors, as necessary to pay the 6,767
cost of construction of the improvement not otherwise funded and 6,768
to repay advances made for purposes of the improvement from the 6,769
fund created by section 1515.15 of the Revised Code. The board 6,770
of county commissioners shall direct the person or authority 6,771
preparing assessments to give primary consideration, in 6,772
determining a parcel's estimated assessments relating to the 6,773
disposal of water, to the potential increase in productivity that 6,774
the parcel may experience as a result of the improvement and also 6,775
to give consideration to the amount of water disposed of, the 6,776
location of the property relative to the project, the value of 6,777
the project to the watershed, and benefits as defined in division 6,778
(F) of section 6131.01 of the Revised Code. Such THE part of the 6,780
assessment as THAT is found to benefit state, county, or township 6,781
roads or highways or municipal streets shall be assessed against 6,782
the state, county, township, or municipal corporation, 6,783
respectively, payable from motor vehicle revenues. Such THE part 6,785
of the assessment as THAT is found to benefit property owned by 6,786
any public corporation, any political subdivision of the state, 6,787
or the state shall be assessed against the public corporation, 6,788
the political subdivision, or the state and shall be paid out of 6,789
the general funds or motor vehicle revenues of the public 6,790
corporation, the political subdivision of the state, or the 6,791
state, except as otherwise provided by law. The 6,792
THE assessment shall be certified to the county auditor, 6,795
and by him THE COUNTY AUDITOR to the county treasurer. The 6,797
collection of such THE assessment shall conform in all matters to 6,799
Chapter 323. of the Revised Code. Any land owned and managed by 6,800
the department of natural resources for wildlife, recreation, 6,801
nature preserve, or forestry purposes is exempt from assessments 6,802
159
if the director of natural resources determines that the land 6,803
derives no benefit from the improvement. In making such a 6,804
determination, the director shall consider the purposes for which 6,805
the land is owned and managed and any relevant articles of
dedication or existing management plans for the land. If the 6,806
director determines that the land derives no benefit from the 6,807
improvement, he THE DIRECTOR shall notify the board of county 6,808
commissioners, within thirty days after receiving the assessment 6,810
notification required by this section, indicating that he THE 6,811
DIRECTOR has determined that the land is to be exempt and 6,813
explaining his THE specific reason for making this determination. 6,815
The board of county commissioners may, within thirty days after 6,816
receiving the director's exemption notification, MAY appeal this 6,817
THE determination to the court of common pleas. If the court of 6,819
common pleas finds in favor of the board of county commissioners, 6,820
the department of natural resources shall pay all court costs and 6,821
legal fees.
If the assessment is to be made at a varied rate, the board 6,823
shall give notice by first class mail to every public and private 6,824
property owner whose property is subject to assessment, at the 6,825
tax mailing or other known address of the owner. Such THE notice 6,827
shall contain a statement of the amount to be assessed against 6,828
the property of the addressee and a statement that he THE 6,829
ADDRESSEE may file an objection in writing at the office of the 6,831
board of county commissioners within thirty days after the 6,832
mailing of notice. If the residence of any owner cannot be 6,833
ascertained, or if any mailed notice is returned undelivered, the 6,834
board shall publish such THE notice to all such owners in a 6,835
newspaper of general circulation within the project area, at 6,836
least once each week for three weeks, which notice shall include 6,837
the information contained in the mailed notice, but it shall 6,838
state that the owner may file an objection in writing at the 6,839
office of the board of county commissioners within thirty days 6,840
after the last publication of such THE notice. 6,841
160
Upon receipt of objections as provided in this section, the 6,843
board shall proceed within thirty days to hold a final hearing 6,844
upon ON the objections by fixing a date and giving notice by 6,845
first class mail to the objectors at such THE address as provided 6,848
in filing his THE objection. If any mailed notice is returned 6,849
undelivered, the board shall give due notice to such THE 6,851
objectors in a newspaper of general circulation in the project 6,853
area, stating the time, place, and purpose of the hearing. Upon 6,854
hearing the objectors, the board may amend and shall approve the 6,855
final schedule of assessments by journal entry. 6,856
Any owner whose objection is not allowed may appeal within 6,858
thirty days to the court of common pleas of the county in which 6,859
the property is located. 6,860
Any moneys collected in excess of the amount needed for 6,862
construction of the improvement and the subsequent first year's 6,863
maintenance may be maintained in a fund to be used for 6,864
maintenance of the improvement. In any year subsequent to a year 6,865
in which an assessment for construction of an improvement levied 6,866
under this section has been collected, and upon determination by 6,867
the board of county commissioners that funds are not otherwise 6,868
available for maintenance or repair of the improvement, the board 6,869
shall levy upon ON the property within the project area an 6,870
assessment for maintenance at a uniform percentage of all 6,871
construction costs based upon the assessment schedule used in 6,872
determining the construction assessment. Such THE assessment is 6,873
not subject to the provisions concerning notice and petition 6,875
contained in section 1515.25 of the Revised Code. An assessment 6,876
for maintenance shall not be levied in any year in which the 6,877
unencumbered balance of funds available for maintenance of the 6,878
improvements IMPROVEMENT exceeds twenty per cent of the cost of 6,879
construction of the improvement, except that the board may adjust 6,881
the level of assessment within the twenty per cent limitation, or 6,882
suspend temporarily the levying of an assessment, for maintenance 6,883
purposes as maintenance funds are needed. 6,884
161
FOR THE PURPOSE OF LEVYING AN ASSESSMENT FOR MAINTENANCE OF 6,887
AN IMPROVEMENT, A BOARD MAY USE THE PROCEDURES ESTABLISHED IN 6,888
CHAPTER 6137. OF THE REVISED CODE REGARDING MAINTENANCE OF 6,890
IMPROVEMENTS AS DEFINED IN SECTION 6131.01 OF THE REVISED CODE IN 6,893
LIEU OF USING THE PROCEDURES ESTABLISHED UNDER THIS SECTION. 6,894
The board of county commissioners may issue bonds and notes 6,896
as authorized by section 131.23 or 133.17 of the Revised Code. 6,897
Sec. 1517.10. (A) As used in this section, "felony" has 6,908
the same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person selected by the chief of the division of 6,911
natural areas and preserves for custodial or patrol service on 6,912
the lands and waters operated or administered by the division 6,913
shall be employed in conformity with the law applicable to the 6,914
classified civil service of the state. Subject to division (C) 6,915
of this section, the chief may designate that person as a 6,916
preserve officer. A preserve officer has, in any nature 6,917
preserve, in any natural area owned or managed through easement, 6,918
license, or lease by the department of natural resources and 6,919
administered by the division, and on lands owned or managed 6,920
through easement, license, or lease by the department and 6,921
administered by the division that are within or adjacent to any 6,922
wild, scenic, or recreational river area established under this 6,923
chapter and along any trail established under Chapter 1519. of 6,924
the Revised Code, HAS the authority vested in police officers 6,925
SPECIFIED under section 2935.03 of the Revised Code FOR PEACE 6,926
OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES to keep the 6,927
peace, to enforce all laws and rules governing those lands and 6,928
waters, and to make arrests for violation of those laws and
rules, provided that such THE authority shall be exercised on 6,929
lands or waters administered by another division of the 6,931
department only pursuant to an agreement with the chief of that 6,932
division or to a request for assistance by an enforcement officer 6,933
of that division in an emergency. A preserve officer, in or 6,934
along any watercourse within, abutting, or upstream from the 6,935
162
boundary of any area administered by the department, has the 6,936
authority to enforce section 3767.32 of the Revised Code and any 6,937
other laws prohibiting the dumping of refuse into or along 6,938
waters, and to make arrests for violation of those laws. The 6,939
jurisdiction of a preserve officer shall be concurrent with that 6,940
of the peace officers of the county, township, or municipal 6,941
corporation in which the violation occurs. 6,942
The governor, upon the recommendation of the chief, shall 6,944
issue to each preserve officer a commission indicating authority 6,945
to make arrests as provided in this section. 6,946
The chief shall furnish a suitable badge to each 6,948
commissioned preserve officer as evidence of the preserve 6,949
officer's authority. 6,950
(2) If any person employed under this section is 6,952
designated by the chief to act as an agent of the state in the 6,953
collection of money resulting from the sale of licenses, fees of 6,954
any nature, or other money belonging to the state, the chief 6,955
shall require a surety bond from the person in an amount not less 6,956
than one thousand dollars. 6,957
(C)(1) The chief of the division of natural areas and 6,960
preserves shall not designate a person as a preserve officer 6,961
pursuant to division (B)(1) of this section on a permanent basis, 6,962
on a temporary basis, for a probationary term, or on other than a 6,963
permanent basis if the person previously has been convicted of or 6,964
has pleaded guilty to a felony.
(2)(a) The chief of the division of natural areas and 6,967
preserves shall terminate the employment as a preserve officer of 6,968
a person designated as a preserve officer under division (B)(1) 6,969
of this section if that person does either of the following: 6,970
(i) Pleads guilty to a felony; 6,972
(ii) Pleads guilty to a misdemeanor pursuant to a 6,974
negotiated plea agreement as provided in division (D) of section 6,976
2929.29 of the Revised Code in which the preserve officer agrees 6,978
to surrender the certificate awarded to the preserve officer 6,979
163
under section 109.77 of the Revised Code. 6,980
(b) The chief shall suspend from employment as a preserve 6,983
officer a person designated as a preserve officer under division 6,984
(B)(1) of this section if that person is convicted, after trial, 6,985
of a felony. If the preserve officer files an appeal from that 6,986
conviction and the conviction is upheld by the highest court to 6,988
which the appeal is taken or if the preserve officer does not 6,989
file a timely appeal, the chief shall terminate the employment of 6,990
that preserve officer. If the preserve officer files an appeal 6,991
that results in the preserve officer's acquittal of the felony or 6,992
conviction of a misdemeanor, or in the dismissal of the felony 6,993
charge against the preserve officer, the chief shall reinstate 6,994
that preserve officer. A preserve officer who is reinstated 6,995
under division (C)(2)(b) of this section shall not receive any 6,997
back pay unless that preserve officer's conviction of the felony
was reversed on appeal, or the felony charge was dismissed, 6,999
because the court found insufficient evidence to convict the 7,000
preserve officer of the felony.
(3) Division (C) of this section does not apply regarding 7,003
an offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of 7,005
the employment, of a preserve officer under division (C)(2) of 7,006
this section shall be in accordance with Chapter 119. of the 7,007
Revised Code.
Sec. 1517.14. As used in sections 1517.14 to 1517.18 of 7,017
the Revised Code, "watercourse" means a substantially natural 7,018
channel with recognized banks and bottom, in which a flow of 7,019
water occurs, with an average of at least ten feet mean surface 7,020
water width and at least five miles of length. The director of 7,021
natural resources or his THE DIRECTOR'S representative may 7,022
create, supervise, operate, protect, and maintain wild, scenic, 7,024
and recreational river areas under the classifications 7,025
established in section 1517.15 of the Revised Code. The director 7,026
or his THE DIRECTOR'S representative may prepare and maintain a 7,028
164
plan for the establishment, development, use, and administration 7,029
of those areas as a part of the comprehensive state plans for 7,030
water management and outdoor recreation. The director or his THE 7,031
DIRECTOR'S representative may cooperate with federal agencies 7,033
administering any federal program concerning wild, scenic, or 7,034
recreational river areas.
The director may propose for establishment as a wild, 7,036
scenic, or recreational river area a part or parts of any 7,037
watercourse in this state, with adjacent lands, which THAT in his 7,039
THE DIRECTOR'S judgment possesses water conservation, scenic, 7,041
fish, wildlife, historic, or outdoor recreation values which THAT 7,042
should be preserved, using the classifications established in 7,044
section 1517.15 of the Revised Code. The area shall include 7,045
lands adjacent to the watercourse in sufficient width to 7,046
preserve, protect, and develop the natural character of the 7,047
watercourse, but shall not include any lands more than one 7,048
thousand feet from the normal waterlines of the watercourse 7,049
unless an additional width is necessary to preserve water 7,050
conservation, scenic, fish, wildlife, historic, or outdoor 7,051
recreation values.
The director shall publish his THE intention to declare an 7,053
area a wild, scenic, or recreational river area at least once in 7,054
a newspaper of general circulation in each county, any part of 7,055
which is within the area, and shall send written notice of his 7,056
THE intention to the legislative authority of each county, 7,058
township, and municipal corporation and to each conservancy 7,059
district established under Chapter 6101. of the Revised Code, any 7,060
part of which is within the area, and to the director of 7,061
transportation, the director of development, the director of 7,062
administrative services, and the director of environmental 7,063
protection. The notices shall include a copy of a map and 7,064
description of the area. 7,065
After thirty days from the last date of publication or 7,067
dispatch of written notice as required in this section, the 7,068
165
director shall enter a declaration in his THE DIRECTOR'S journal 7,069
that the area is a wild, scenic, or recreational river area. 7,071
When so entered, the area is a wild, scenic, or recreational 7,072
river area. The director, after thirty days' notice as 7,073
prescribed in this section and upon the approval of the 7,074
recreational RECREATION and resources commission CREATED IN 7,075
SECTION 1501.04 OF THE REVISED CODE, may terminate the status of 7,076
an area as a wild, scenic, or recreational river area by an entry 7,077
in his THE DIRECTOR'S journal. 7,078
Declaration by the director that an area is a wild, scenic, 7,080
or recreational river area does not authorize the director or any 7,081
governmental agency or political subdivision to restrict the use 7,082
of land by the owner thereof or any person acting under his THE 7,083
LANDOWNER'S authority or to enter upon the land AND DOES NOT 7,086
EXPAND OR ABRIDGE THE REGULATORY AUTHORITY OF ANY GOVERNMENTAL 7,087
AGENCY OR POLITICAL SUBDIVISION OVER THE AREA. 7,088
The chief of the division of natural areas and preserves or 7,090
his THE CHIEF'S representative may participate in watershed-wide 7,091
planning with federal, state, and local agencies in order to 7,093
protect the values of wild, scenic, and recreational river areas. 7,094
Sec. 1517.99. (A) Whoever (1) EXCEPT AS PROVIDED IN 7,103
DIVISION (A)(2) OF THIS SECTION, WHOEVER violates division (A) of 7,105
section 1517.021 or section 1517.051 of the Revised Code shall be 7,106
fined not less than twenty-five nor more than five hundred 7,108
dollars for a first offense; for each subsequent offense the 7,109
person shall be fined not less than two hundred nor more than one
thousand dollars IS GUILTY OF A MINOR MISDEMEANOR. 7,110
(2) WHOEVER VIOLATES SECTION 1517.021 OF THE REVISED CODE 7,115
WITH REGARD TO A SPECIES OF PLANT IDENTIFIED IN A RULE ADOPTED 7,116
UNDER OR INCLUDED ON A LIST PREPARED UNDER SECTION 1518.01 OF THE 7,117
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE FOR 7,121
A FIRST OFFENSE. FOR EACH SUBSEQUENT OFFENSE, THE PERSON IS 7,122
GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE. 7,123
(B) Whoever violates division (A) of section 1517.24 or 7,125
166
section 1517.25 of the Revised Code is guilty of a misdemeanor of 7,126
the third degree.
(C) Whoever violates division (B) of section 1517.24 of 7,128
the Revised Code is guilty of a misdemeanor of the second degree. 7,129
(D) WHOEVER VIOLATES SECTION 1517.051 OF THE REVISED CODE 7,132
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 1518.99. (A) Whoever violates section 1518.02 of the 7,141
Revised Code is guilty of a minor misdemeanor. 7,142
(B) Whoever violates section 1518.05 of the Revised Code 7,144
shall be fined not less than one thousand dollars nor more than 7,145
five thousand dollars for the first offense; for each subsequent 7,146
offense the person shall be fined not less than two thousand 7,147
dollars nor more than ten thousand dollars.
(C) Whoever violates section 1518.23 or 1518.24 of the 7,149
Revised Code is guilty of a misdemeanor of the first degree. 7,151
Sec. 1520.01. As used in this chapter: 7,160
(A) "Canal lands" includes any part of the bed, berm, 7,163
bank, or slope of any canal, canal basin, or CANAL reservoir or 7,164
of any lock, aqueduct, dam, culvert, tunnel, feeder, or side cut 7,165
formerly a part of any canal system in this state, whether or not 7,166
abandoned; the outer slope of any towing path embankment formerly 7,167
a part of any canal system in this state; and any tract of land 7,168
that was a part of or intended for the use of any canal system in 7,169
this state. "Canal lands" means only those canal lands that are
the property of the state. 7,170
(B) "Reservoir CANAL RESERVOIR" means any man-made 7,172
ARTIFICIAL lake or impoundment, including any run-of-the-river 7,173
reservoir, that was constructed to provide water to any canal 7,174
system in this state. 7,175
(C) "DOMESTIC USE" MEANS THE WITHDRAWAL OF WATER FROM A 7,177
CANAL OR CANAL RESERVOIR BY AN INDIVIDUAL FOR OUTDOOR, NONPOTABLE 7,178
USE ON RESIDENTIAL PROPERTY BY MEANS OF A PUMP OR OTHER DEVICE 7,179
THAT GENERALLY HAS A DISCHARGE LINE WITH AN OUTSIDE DIAMETER OF 7,180
NOT MORE THAN ONE AND ONE-HALF INCHES. 7,181
167
Sec. 1520.02. (A) The director of natural resources has 7,190
exclusive authority to administer, manage, and establish policies 7,191
governing canal lands. 7,192
(B)(1) Except as provided in division (C) of this section, 7,194
the director may sell, lease, exchange, give, or grant all or 7,195
part of the state's interest in any canal lands in accordance 7,196
with section 1501.01 of the Revised Code. The director may 7,197
stipulate that an appraisal or survey need not be conducted for, 7,198
and may establish any terms or conditions that he THE DIRECTOR 7,199
determines appropriate for, any such convenyance CONVEYANCE. 7,200
(2) WITH REGARD TO CANAL LANDS, THE CHIEF OF THE DIVISION 7,203
OF WATER, WITH THE APPROVAL OF THE DIRECTOR, MAY SELL, LEASE, OR 7,204
TRANSFER MINERALS OR MINERAL RIGHTS WHEN THE CHIEF AND THE 7,205
DIRECTOR DETERMINE THAT THE SALE, LEASE, OR TRANSFER IS IN THE 7,206
BEST INTEREST OF THE STATE. CONSIDERATION FOR MINERALS AND 7,207
MINERAL RIGHTS SHALL BE BY RENTAL OR ON A ROYALTY BASIS AS 7,208
PRESCRIBED BY THE CHIEF AND PAYABLE AS PRESCRIBED BY CONTRACT. 7,209
MONEYS COLLECTED UNDER DIVISION (B)(2) OF THIS SECTION SHALL BE 7,211
PAID INTO THE STATE TREASURY TO THE CREDIT OF THE CANAL LANDS 7,212
FUND CREATED IN SECTION 1520.05 OF THE REVISED CODE. 7,214
(C)(1) Not later than one year after July 1, 1989, the 7,216
director of transportation and the director of the Ohio 7,217
historical society shall indentify IDENTIFY all canal lands that 7,218
are or may be of use to any program operated by the department of 7,219
transportation or the Ohio historical society, respectively, and 7,220
shall notify the director of natural resources of those lands. 7,221
The director of natural resources may transfer any canal lands so 7,222
identified to the exclusive care, custody, and control of the 7,223
department of transportation or the Ohio historical society, as 7,224
applicable, by means of a departmental transfer not later than 7,225
six months after receiving notification under division (C)(1) of 7,226
this section. 7,227
(2) The director of natural resources may transfer to the 7,229
Ohio historical society any equipment, maps, and records used on 7,230
168
or related to canal lands that are of historical interest and 7,231
that are not needed by the director to administer this chapter. 7,232
(D) If the director of natural resources determines that 7,234
any canal lands are a necessary part of a county's drainage or 7,235
ditch system and are not needed for any purpose of the department 7,236
of natural resources, the director may sell, grant, or otherwise 7,237
convey those canal lands to that county in accordance with 7,238
division (B) of this section. The board of county commissioners 7,239
shall accept the transfer of canal lands. 7,240
(E) Notwithstanding any other section of the Revised Code, 7,242
the county auditor shall transfer any canal lands conveyed under 7,243
this section, and the county recorder shall record the deed for 7,244
those lands in accordance with section 317.12 of the Revised 7,245
Code. This division does not apply to canal lands transferred 7,246
under division (C)(1) of this section. 7,247
Sec. 1520.03. (A) The director of natural resources may 7,256
appropriate real property in accordance with Chapter 163. of the 7,257
Revised Code for the purpose of administering this chapter. 7,258
(B) The director shall operate and maintain all canals and 7,260
CANAL reservoirs owned by the state except those canals that are 7,262
operated by the Ohio historical society on July 1, 1989. 7,263
(C) The director may sell or lease water from any canal or 7,265
CANAL reservoir that he THE DIRECTOR operates and maintains only 7,266
to the extent that the water is in excess of the quantity that is 7,267
required for navigation, recreation, and wildlife purposes. The 7,268
director shall MAY adopt, and may amend, and rescind, rules in 7,270
accordance with Chapter 119. of the Revised Code necessary to 7,271
administer this division.
THE WITHDRAWAL OF WATER FROM ANY CANAL OR CANAL RESERVOIR 7,274
FOR DOMESTIC USE IS EXEMPT FROM THIS DIVISION. HOWEVER, THE 7,275
DIRECTOR MAY REQUIRE WATER CONSERVATION MEASURES FOR WATER THAT 7,276
IS WITHDRAWN FROM ANY CANAL OR CANAL RESERVOIR FOR DOMESTIC USE 7,277
DURING DROUGHT CONDITIONS OR OTHER EMERGENCIES DECLARED BY THE 7,278
GOVERNOR.
169
(D) No person shall take or divert water from any canal or 7,280
CANAL reservoir operated and maintained by the director except in 7,281
accordance with a sale or lease entered into under division (C) 7,282
of this section. 7,283
(E) At the request of the director, the attorney general 7,285
may commence a civil action for civil penalties and injunctions, 7,286
in a court of common pleas, against any person who has violated 7,287
or is violating division (D) of this section. The court of 7,288
common pleas in which an action for injunctive relief is filed 7,289
has jurisdiction to and shall grant preliminary and permanent 7,290
injunctive relief upon a showing that the person against whom the 7,291
action is brought has violated or is violating that division. 7,292
Upon a finding of a violation, the court shall assess a 7,294
civil penalty of not more than one thousand dollars for each day 7,295
of each violation if the violator is an individual who took or 7,296
diverted the water in question for residential or agricultural 7,297
use. The court shall assess a civil penalty of not more than 7,298
five thousand dollars for each day of each violation if the 7,299
violator is any other person who took or diverted the water in 7,300
question for industrial or commercial use excluding agricultural 7,301
use. Moneys from civil penalties assessed under this division 7,302
shall be paid into the state treasury to the credit of the canal 7,303
lands fund created in section 1520.05 of the Revised Code. 7,304
Any action under this division is a civil action, governed 7,306
by the rules of civil procedure and other rules of practice and 7,307
procedure applicable to civil actions. 7,308
(F) As used in this section, "person" means any agency of 7,310
this state, any political subdivision of this state or of the 7,311
United States, or any legal entity defined as a person under 7,312
section 1.59 of the Revised Code. 7,313
Sec. 1521.03. The chief of the division of water shall do 7,322
all of the following: 7,323
(A) Assist in an advisory capacity any properly 7,325
constituted watershed district, conservancy district, or soil and 7,326
170
water conservation district or any county, municipal corporation, 7,327
or other government agency of the state in the planning of works 7,328
for ground water recharge, FLOOD MITIGATION, FLOODPLAIN 7,329
MANAGEMENT, FLOOD CONTROL, FLOW CAPACITY AND STABILITY OF 7,330
STREAMS, RIVERS, AND WATERCOURSES, or the establishment of water 7,332
conservation practices, within the limits of the appropriations 7,333
for that purpose THOSE PURPOSES;
(B) Have authority to conduct basic inventories of the 7,335
water and related natural resources in each drainage basin in the 7,336
state; to develop a plan on a watershed basis that will recognize 7,337
the variety of uses to which water may be put and the need for 7,338
its retention and control MANAGEMENT FOR THOSE USES; with the 7,339
approval of the director of natural resources and the controlling 7,340
board, to transfer appropriated or other funds, authorized for 7,341
those inventories and plan, to any division of the department of 7,342
natural resources or other state agencies for the purpose of 7,343
developing pertinent data relating to the plan of water 7,344
management; and to accept and expend moneys contributed by any 7,345
person for implementing the development of the plan; 7,346
(C) Have authority to make detailed investigations of all 7,348
factors relating to floods, floodplain management, and flood 7,349
control in the state with particular attention to those factors 7,351
bearing upon the maintenance of the hydraulic efficiency of the 7,352
channels AND HYDROLOGIC CHARACTERISTICS of rivers, streams, and 7,353
watercourses as a means of carrying off flood waters, RECOGNIZING 7,355
THE VARIETY OF USES TO WHICH WATER AND WATERCOURSES MAY BE PUT; 7,357
(D) Cooperate with the United States or any agency thereof 7,359
and with any political subdivision of the state in planning and 7,360
constructing flood control works; 7,361
(E) Hold meetings or public hearings, whichever is 7,363
considered appropriate by the chief, to assist in the resolution 7,364
of conflicts between ground water users. Such meetings or 7,365
hearings shall be called upon written request from boards of 7,366
health of city or general health districts created by or under 7,367
171
the authority of Chapter 3709. of the Revised Code or authorities 7,368
having the duties of a board of health as authorized by section 7,369
3709.05 of the Revised Code, boards of county commissioners, 7,370
boards of township trustees, legislative authorities of municipal 7,371
corporations, or boards of directors of conservancy districts 7,372
organized under Chapter 6101. of the Revised Code and may be 7,373
called by the chief upon the request of any other person or at 7,374
his THE CHIEF'S discretion. The chief shall collect and present 7,375
at such meetings or hearings the available technical information 7,377
relevant to the conflicts and to the ground water resource. The 7,378
chief shall prepare a report, and may make recommendations, based 7,379
upon the available technical data and the record of the meetings 7,380
or hearings, about the use of the ground water resource. In 7,381
making the report and any recommendations, the chief also may 7,382
consider the factors listed in division (B) of section 1521.17 of 7,383
the Revised Code. The technical information presented, the 7,384
report prepared, and any recommendations made under this division 7,385
shall be presumed to be prima-facie authentic and admissible as 7,386
evidence in any court pursuant to Evidence Rule 902. 7,387
(F) Perform stream or ground water gauging and may 7,389
contract with the United States government or any other agency 7,390
for the gauging of any streams or ground water within the state; 7,391
(G) PRIMARILY WITH REGARD TO WATER QUANTITY, HAVE 7,394
AUTHORITY TO COLLECT, STUDY, MAP, AND INTERPRET ALL AVAILABLE 7,395
INFORMATION, STATISTICS, AND DATA PERTAINING TO THE AVAILABILITY, 7,396
SUPPLY, USE, CONSERVATION, AND REPLENISHMENT OF THE GROUND AND 7,397
SURFACE WATERS IN THE STATE IN COORDINATION WITH OTHER AGENCIES 7,398
OF THIS STATE;
(H) PRIMARILY WITH REGARD TO WATER QUANTITY AND 7,401
AVAILABILITY, BE AUTHORIZED TO COOPERATE WITH AND NEGOTIATE FOR 7,402
THE STATE WITH ANY AGENCY OF THE UNITED STATES GOVERNMENT, OF 7,403
THIS STATE, OR OF ANY OTHER STATE PERTAINING TO THE WATER 7,404
RESOURCES OF THE STATE. 7,405
Sec. 1521.05. (A) As used in this section: 7,414
172
(1) "Construct" or "construction" includes drilling, 7,416
boring, digging, deepening, altering, and logging. 7,417
(2) "Altering" means changing the configuration of a well, 7,419
including, without limitation, deepening a well, extending or 7,420
replacing any portion of the inside or outside casing or wall of 7,421
a well that extends below ground level, plugging a portion of a 7,422
well back to a certain depth, and reaming out a well to enlarge 7,423
its original diameter. 7,424
(3) "Logging" means describing the lithology, grain size, 7,426
color, and texture of the formations encountered during the 7,427
drilling, boring, digging, deepening, or altering of a well. 7,428
(4) "Grouting" means neat cemet CEMENT; bentonite products 7,430
in slurry, granular, or pelletized form, excluding drilling mud 7,431
or fluids; or any combination of neat cement and bentonite 7,432
products that is placed within a well to seal the annular space 7,433
or to seal an abandoned well and that is impervious to and 7,434
capable of preventing the movement of water. 7,435
(5) "Abandoned well" means a well whose use has been 7,437
permanently discontinued and that poses potential health and 7,438
safety hazards or that has the potential to transmit surface 7,439
contaminants into the aquifer in which the well has been 7,440
constructed. 7,441
(6) "Sealing" means the complete filling of an abandoned 7,443
well with grouting or other approved materials in order to 7,444
permanently prevent the vertical movement of water in the well 7,445
and thus prevent the contamination of ground water or the 7,446
intermixing of water between aquifers. 7,447
(B) Any person that constructs a well shall keep a careful 7,449
and accurate log of the construction of the well. The log shall 7,450
show all of the following: 7,451
(1) The character, including, without limitation, the 7,453
lithology, color, texture, and grain size, the name, if known, 7,454
and the depth of all formations passed through or encountered; 7,455
(2) The depths at which water is encountered; 7,457
173
(3) The static water level of the completed well; 7,459
(4) A copy of the record of all pumping tests and analyses 7,461
related to those tests, if any; 7,462
(5) Construction details, including lengths, diameters, 7,464
and thicknesses of casing and screening and the volume, type of 7,465
material, and method of introducing gravel packing and grouting 7,466
into the well; 7,467
(6) The type of pumping equipment installed, if any; 7,469
(7) The name of the owner of the well, the address of the 7,471
location where the well was constructed, and a description of the 7,472
location of the property where the well was constructed; 7,473
(8) The signature of the individual who constructed the 7,475
well and filed the well log; 7,476
(9) Any other information required by the chief of the 7,478
division of water. 7,479
The log shall be furnished to the division within thirty 7,481
days after the completion of construction of the well, upon ON 7,482
forms prescribed and prepared by the division. The log shall be 7,483
kept on file by the division. 7,484
In accordance with Chapter 119. of the Revised Code, the 7,486
chief may adopt, amend, and rescind rules requiring other persons 7,487
that are involved in the construction or subsequent development 7,488
of a well to submit well logs under this division containing any 7,489
or all of the information specified in divisions (B)(1) to (9) of 7,490
this section and requiring any person that seals an abandoned 7,491
well to submit a well sealing report under this division 7,492
containing any or all of the information specified in those 7,493
divisions and any additional information specified in the rules. 7,494
(C)(1) No person shall fail to keep and submit a well log 7,496
as required by this section. 7,497
(2) No person shall make a false statement in any well log 7,499
required to be kept and submitted under this section. Violation 7,500
of division (C)(2) of this section is falsification under section 7,501
2921.13 of the Revised Code. 7,502
174
(D) For the purposes of prosecution of a violation of 7,504
division (C)(1) of this section, a prima-facie case is 7,505
established when the division obtains either of the following: 7,506
(1) A certified copy of a permit for a private water 7,508
system issued in accordance with rules adopted under section 7,509
3701.344 of the Revised Code, or a certified copy of the invoice 7,510
or a canceled check from the owner of a well indicating the 7,511
construction services performed; 7,512
(2) A certified copy of any permit issued under Chapter 7,514
3734. or 6111. of the Revised Code OR PLAN APPROVAL GRANTED UNDER 7,515
CHAPTER 6109. OF THE REVISED CODE for any activity that includes 7,517
the construction of a well. 7,518
Sec. 1531.01. As used in this chapter and Chapter 1533. of 7,527
the Revised Code: 7,528
(A) "Person" means individual, company, partnership, 7,530
corporation, municipal corporation, association, or any 7,531
combination of individuals, or any employee, agent, or officer 7,532
thereof. 7,533
(B) "Resident" means any individual who has resided in 7,535
this state for not less than six months next preceding the date 7,536
of making application for a license. 7,537
(C) "Nonresident" means any individual who does not 7,539
qualify as a resident. 7,540
(D) "Division rule" or "rule" means any rule adopted by 7,543
the chief of the division of wildlife under section 1531.10 of 7,544
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 7,546
the taking of wild animals protected by this chapter and Chapter 7,547
1533. of the Revised Code is prohibited. 7,548
(F) "Open season" means that period of time during which 7,550
the taking of wild animals protected by this chapter and Chapter 7,551
1533. of the Revised Code is permitted. 7,553
(G) "Take or taking" includes pursuing, shooting, hunting, 7,555
killing, trapping, angling, fishing with a trotline, or netting 7,556
175
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 7,557
wild bird, or wild quadruped, and any lesser act, such as 7,558
wounding, or placing, setting, drawing, or using any other device 7,559
for killing or capturing any wild animal, whether it results in 7,560
killing or capturing the animal or not. "Take or taking" 7,561
includes every attempt to kill or capture and every act of 7,562
assistance to any other person in killing or capturing or 7,563
attempting to kill or capture a wild animal. 7,564
(H) "Possession" means both actual and constructive 7,566
possession and any control of things referred to. 7,567
(I) "Bag limit" means the number, measurement, or weight 7,569
of any kind of crayfish, aquatic insects, fish, frogs, turtles, 7,571
wild birds, and wild quadrupeds permitted to be taken. 7,572
(J) "Transport and transportation" means carrying or 7,574
moving or causing to be carried or moved. 7,575
(K) "Sell and sale" means barter, exchange, or offer or 7,577
expose for sale. 7,578
(L) "Whole to include part" means that every provision 7,580
relating to any wild animal protected by this chapter and Chapter 7,581
1533. of the Revised Code applies to any part thereof OF THE WILD 7,582
ANIMAL with the same effect as it applies to the whole. 7,584
(M) "Angling" means fishing with not more than two hand 7,586
lines, not more than two units of rod and line, or a combination 7,587
of not more than one hand line and one rod and line, either in 7,588
hand or under control at any time while fishing. The hand line 7,589
or rod and line shall have attached to it not more than three 7,590
baited hooks, not more than three artificial fly rod lures, or 7,591
one artificial bait casting lure equipped with not more than 7,592
three sets of three hooks each. 7,593
(N) "Trotline" means a device for catching fish that 7,595
consists of a line having suspended from it, at frequent 7,596
intervals, vertical lines with hooks attached. 7,597
(O) "Fish" means a cold-blooded vertebrate having fins. 7,599
(P) "Measurement of fish" means length from the end of the 7,601
176
nose to the longest tip or end of the tail. 7,602
(Q) "Wild birds" includes game birds and nongame birds. 7,604
(R) "Game" includes game birds, game quadrupeds, and 7,606
fur-bearing animals. 7,607
(S) "Game birds" includes mourning doves, RINGNECK 7,609
pheasants, BOBWHITE quail, ruffed grouse, sharp-tailed grouse, 7,611
pinnated grouse, wild turkey, Hungarian partridge, Chukar 7,612
partridge, woodcocks, black-breasted plover, golden plover, 7,613
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail, 7,614
coots, gallinules, duck, geese, brant, and crows. 7,615
(T) "Nongame birds" includes all other wild birds not 7,617
included and defined as game birds. 7,618
(U) "Wild quadrupeds" includes game quadrupeds and 7,620
fur-bearing animals. 7,621
(V) "Game quadrupeds" includes hares or COTTONTAIL 7,623
rabbits, gray squirrels, black squirrels, fox squirrels, red 7,625
squirrels, FLYING SQUIRRELS, CHIPMUNKS, groundhogs or woodchucks, 7,626
WHITE-TAILED deer, wild boar, and BLACK bears. 7,627
(W) "Fur-bearing animals" includes minks, weasels, 7,629
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 7,630
otters, coyotes, and bobcats. 7,631
(X) "Wild animals" includes mollusks, crustaceans, aquatic 7,633
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 7,634
and all other wild mammals, BUT DOES NOT INCLUDE DOMESTIC DEER. 7,635
(Y) "Hunting" means pursuing, shooting, killing, following 7,637
after or on the trail of, lying in wait for, shooting at, or 7,638
wounding wild birds or wild quadrupeds while employing any device 7,639
commonly used to kill or wound wild birds or wild quadrupeds 7,640
whether or not the acts result in killing or wounding. "Hunting" 7,641
includes every attempt to kill or wound and every act of 7,642
assistance to any other person in killing or wounding or 7,643
attempting to kill or wound wild birds or wild quadrupeds. 7,644
(Z) "Trapping" means securing or attempting to secure 7,646
possession of a wild bird or wild quadruped by means of setting, 7,647
177
placing, drawing, or using any device that is designed to close 7,648
upon, hold fast, confine, or otherwise capture a wild bird or 7,649
wild quadruped whether or not the means results in capture. 7,650
"Trapping" includes every act of assistance to any other person 7,651
in capturing wild birds or wild quadrupeds by means of the device 7,652
whether or not the means results in capture. 7,653
(AA) "Muskrat spear" means any device used in spearing 7,655
muskrats. 7,656
(BB) "Channels and passages" means those narrow bodies of 7,658
water lying between islands or between an island and the mainland 7,659
in Lake Erie. 7,660
(CC) "Island" means a rock or land elevation above the 7,662
waters of Lake Erie having an area of five or more acres above 7,663
water. 7,664
(DD) "Reef" means an elevation of rock, either broken or 7,666
in place, or gravel shown by the latest United States chart to be 7,667
above the common level of the surrounding bottom of the lake, 7,668
other than the rock bottom, or in place forming the base or 7,669
foundation rock of an island or mainland and sloping from the 7,670
shore thereof OF IT. "Reef" also means all elevations shown by 7,671
that chart to be above the common level of the sloping base or 7,673
foundation rock of an island or mainland, whether running from 7,674
the shore of an island or parallel with the contour of the shore 7,675
of an island or in any other way and whether formed by rock, 7,676
broken or in place, or from gravel. 7,677
(EE) "Fur farm" means any area used exclusively for 7,679
raising fur-bearing animals or in addition thereto used for 7,680
hunting game, the boundaries of which are plainly marked as such. 7,681
(FF) "Waters" includes any lake, pond, reservoir, stream, 7,683
channel, lagoon, or other body of water, or any part thereof, 7,684
whether natural or artificial. 7,685
(GG) "Crib" or "car" refers to that particular compartment 7,687
of the net from which the fish are taken when the net is lifted. 7,688
(HH) "Commercial fish" means those species of fish 7,690
178
permitted to be taken, possessed, bought, or sold unless 7,691
otherwise restricted by the Revised Code or division rule and are 7,693
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 7,694
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 7,695
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 7,696
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 7,697
(Ictalurus natalis), brown bullheads BULLHEAD (Ictalurus 7,699
nebulosus), channel catfish (Ictalurus punctatus), flathead 7,700
catfish (Pylodictis olivaris), whitefish (Coregonus sp.), cisco 7,701
(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 7,702
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 7,703
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 7,704
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 7,705
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 7,706
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 7,707
sp.), sucker other than buffalo and quillback (Carpiodes sp., 7,708
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 7,709
white bass (Morone chrysops), white perch (Roccus americanus), 7,710
and yellow perch (Perca flavescens). When the common name of a 7,711
fish is used in this chapter or Chapter 1533. of the Revised 7,712
Code, it refers to the fish designated by the scientific name in 7,713
this definition.
(II) "Fishing" means taking or attempting to take fish by 7,715
any method, and all other acts such as placing, setting, drawing, 7,716
or using any device commonly used to take fish whether resulting 7,717
in a taking or not. 7,718
(JJ) "Fillet" means the pieces of flesh taken or cut from 7,720
both sides of a fish, joined to form one piece of flesh. 7,721
(KK) "Part fillet" means a piece of flesh taken or cut 7,723
from one side of a fish. 7,724
(LL) "Round" when used in describing fish means with head 7,726
and tail intact. 7,727
(MM) "Migrate" means the transit or movement of fish to or 7,729
from one place to another as a result of natural forces or 7,730
179
instinct and includes, but is not limited to, movement of fish 7,731
induced or caused by changes in the water flow. 7,732
(NN) "Spreader bar" means a brail or rigid bar placed 7,734
across the entire width of the back, at the top and bottom of the 7,735
cars in all trap, crib, and fyke nets for the purpose of keeping 7,736
the meshes hanging squarely while the nets are fishing. 7,737
(OO) "Fishing guide" means any person who, for 7,739
consideration or hire, operates a boat, rents, leases, or 7,740
otherwise furnishes angling devices, ice fishing shanties or 7,741
shelters of any kind, or other fishing equipment, and 7,742
accompanies, guides, directs, or assists any other person in 7,743
order for the other person to engage in fishing. 7,744
(PP) "Net" means fishing devices with meshes composed of 7,746
twine or synthetic material and includes, but is not limited to, 7,747
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 7,748
seines, except minnow seines and minnow dip nets. 7,749
(QQ) "Commercial fishing gear" means seines, trap nets, 7,751
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 7,752
and any boat used in conjunction with that gear, but does not 7,753
include gill nets. 7,754
(RR) "Native wildlife" means any species of the animal 7,756
kingdom indigenous to this state. 7,757
(SS) "Gill net" means a single section of fabric or 7,759
netting seamed to a float line at the top and a lead line at the 7,760
bottom, which is designed to entangle fish in the net openings as 7,761
they swim into it. 7,762
(TT) "Small game" includes pheasants, quail, ruffed 7,764
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 7,765
partridge, Chukar partridge, woodcocks, black-breasted plover, 7,766
golden plover, Wilson's snipe or jacksnipe, greater and lesser 7,767
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 7,768
rabbits, gray squirrels, black squirrels, fox squirrels, red 7,769
squirrels, and groundhogs or woodchucks. 7,770
(UU) "Tag fishing tournament" means a contest in which a 7,772
180
participant pays a fee, or gives other valuable consideration, 7,773
for a chance to win a prize by virtue of catching a tagged or 7,774
otherwise specifically marked fish within a limited period of 7,775
time, but does not include a scheme of chance conducted under 7,776
division (D)(1) of section 2915.02 of the Revised Code. 7,777
(VV)(UU) "Tenant" means an individual who resides on land 7,779
for which the individual pays rent and whose annual income is 7,781
primarily derived from agricultural production conducted on that 7,782
land, as "agricultural production" is defined in section 929.01 7,783
of the Revised Code.
(WW)(VV) "Nonnative wildlife" means any wild animal not 7,785
indigenous to this state, BUT DOES NOT INCLUDE DOMESTIC DEER. 7,786
(WW) "REPTILES" INCLUDES COMMON MUSK TURTLE (STERNOTHERUS 7,789
ODORATUS), COMMON SNAPPING TURTLE (CHELYDRA SERPENTINA 7,790
SERPENTINA), SPOTTED TURTLE (CLEMMYS GUTTATA), EASTERN BOX TURTLE 7,791
(TERRAPENE CAROLINA CAROLINA), BLANDING'S TURTLE (EMYDOIDEA 7,792
BLANDINGII), COMMON MAP TURTLE (GRAPTEMYS GEOGRAPHICA), OUACHITA 7,793
MAP TURTLE (GRAPTEMYS PSEUDOGEOGRAPHICA OUACHITENSIS), MIDLAND 7,794
PAINTED TURTLE (CHRYSEMYS PICTA MARGINATA), RED-EARED SLIDER 7,795
(TRACHEMYS SCRIPTA ELEGANS), EASTERN SPINY SOFTSHELL TURTLE 7,796
(APALONE SPINIFERA SPINIFERA), MIDLAND SMOOTH SOFTSHELL TURTLE 7,797
(APALONE MUTICA MUTICA), NORTHERN FENCE LIZARD (SCELOPORUS 7,798
UNDULATUS HYACINTHINUS), GROUND SKINK (SCINCELLA LATERALIS), 7,799
FIVE-LINED SKINK (EUMECES FASCIATUS), BROADHEAD SKINK (EUMECES 7,800
LATICEPS), NORTHERN COAL SKINK (EUMECES ANTHRACINUS ANTHRACINUS), 7,801
EUROPEAN WALL LIZARD (PODARCIS MURALIS), QUEEN SNAKE (REGINA 7,803
SEPTEMVITTATA), KIRTLAND'S SNAKE (CLONOPHIS KIRTLANDII), NORTHERN 7,804
WATER SNAKE (NERODIA SIPEDON SIPEDON), LAKE ERIE WATERSNAKE 7,806
(NERODIA SIPEDON INSULARUM), COPPERBELLY WATER SNAKE (NERODIA 7,807
ERYTHROGASTER NEGLECTA), NORTHERN BROWN SNAKE (STORERIA DEKAYI 7,808
DEKAYI), MIDLAND BROWN SNAKE (STORERIA DEKAYI WRIGHTORUM), 7,810
NORTHERN REDBELLY SNAKE (STORERIA OCCIPITOMACULATA 7,811
OCCIPITOMACULATA), EASTERN GARTER SNAKE (THAMNOPHIS SIRTALIS 7,812
SIRTALIS), EASTERN PLAINS GARTER SNAKE (THAMNOPHIS RADIX RADIX), 7,813
181
BUTLER'S GARTER SNAKE (THAMNOPHIS BUTLERI), SHORTHEAD GARTER 7,814
SNAKE (THAMNOPHIS BRACHYSTOMA), EASTERN RIBBON SNAKE (THAMNOPHIS 7,815
SAURITUS SAURITUS), NORTHERN RIBBON SNAKE (THAMNOPHIS SAURITUS 7,816
SEPTENTRIONALIS), EASTERN HOGNOSE SNAKE (HETERODON PLATIRHINOS), 7,817
EASTERN SMOOTH EARTH SNAKE (VIRGINIA VALERIAE VALERIAE), NORTHERN 7,819
RINGNECK SNAKE (DIADOPHIS PUNCTATUS EDWARDSII), MIDWEST WORM 7,820
SNAKE (CARPHOPHIS AMOENUS HELENAE), EASTERN WORM SNAKE 7,821
(CARPHOPHIS AMOENUS AMOENUS), BLACK RACER (COLUBER CONSTRICTOR 7,822
CONSTRICTOR), BLUE RACER (COLUBER CONSTRICTOR FOXII), ROUGH GREEN 7,823
SNAKE (OPHEODRYS AESTIVUS), SMOOTH GREEN SNAKE (OPHEODRYS 7,824
VERNALIS VERNALIS), BLACK RAT SNAKE (ELAPHE OBSOLETA OBSOLETA), 7,825
EASTERN FOX SNAKE (ELAPHE VULPINA GLOYDI), BLACK KINGSNAKE 7,827
(LAMPROPELTIS GETULA NIGRA), EASTERN MILK SNAKE (LAMPROPELTIS 7,828
TRIANGULUM TRIANGULUM), NORTHERN COPPERHEAD (AGKISTRODON 7,829
CONTORTRIX MOKASEN), EASTERN MASSASAUGA (SISTRURUS CATENATUS 7,830
CATENATUS), AND TIMBER RATTLESNAKE (CROTALUS HORRIDUS HORRIDUS). 7,831
(XX) "AMPHIBIANS" INCLUDES EASTERN HELLBENDER 7,834
(CRYTPOBRANCHUS ALLEGANIENSIS ALLEGANIENSIS), MUDPUPPY (NECTURUS 7,835
MACULOSUS MACULOSUS), RED-SPOTTED NEWT (NOTOPHTHALMUS VIRIDESCENS 7,838
VIRIDESCENS), JEFFERSON SALAMANDER (AMBYSTOMA JEFFERSONIANUM), 7,839
SPOTTED SALAMANDER (AMBYSTOMA MACULATUM), BLUE-SPOTTED SALAMANDER 7,840
(AMBYSTOMA LATERALE), SMALLMOUTH SALAMANDER (AMBYSTOMA TEXANUM), 7,841
STREAMSIDE SALAMANDER (AMBYSTOMA BARBOURI), MARBLED SALAMANDER 7,843
(AMBYSTOMA OPACUM), EASTERN TIGER SALAMANDER (AMBYSTOMA TIGRINUM 7,844
TIGRINUM), NORTHERN DUSKY SALAMANDER (DESMOGNATHUS FUSCUS 7,845
FUSCUS), MOUNTAIN DUSKY SALAMANDER (DESMOGNATHUS OCHROPHAEUS), 7,846
REDBACK SALAMANDER (PLETHODON CINEREUS), RAVINE SALAMANDER 7,847
(PLETHODON RICHMONDI), NORTHERN SLIMY SALAMANDER (PLETHODON 7,848
GLUTINOSUS), WEHRLE'S SALAMANDER (PLETHODON WEHRLEI), FOUR-TOED 7,849
SALAMANDER (HEMIDACTYLIUM SCUTATUM), KENTUCKY SPRING SALAMANDER 7,850
(GYRINOPHILUS PORPHYRITICUS DURYI), NORTHERN SPRING SALAMANDER 7,851
(GYRINOPHILUS PORPHYRITICUS PORPHYRITICUS), MUD SALAMANDER 7,853
(PSEUDOTRITON MONTANUS), NORTHERN RED SALAMANDER (PSEUDOTRITON 7,854
RUBER RUBER), GREEN SALAMANDER (ANEIDES AENEUS), NORTHERN 7,856
182
TWO-LINED SALAMANDER (EURYCEA BISLINEATA), LONGTAIL SALAMANDER 7,857
(EURYCEA LONGICAUDA LONGICAUDA), CAVE SALAMANDER (EURYCEA 7,858
LUCIFUGA), SOUTHERN TWO-LINED SALAMANDER (EURYCEA CIRRIGERA), 7,860
FOWLER'S TOAD (BUFO WOODHOUSII FOWLERI), AMERICAN TOAD (BUFO 7,861
AMERICANUS), EASTERN SPADEFOOT (SCAPHIOPUS HOLBROOKII), 7,862
BLANCHARD'S CRICKET FROG (ACRIS CREPITANS BLANCHARDI), NORTHERN 7,863
SPRING PEEPER (PSEUDACRIS CRUCIFER CRUCIFER), GRAY TREEFROG (HYLA 7,865
VERSICOLOR), COPE'S GRAY TREEFROG (HYLA CHRYSOSCELIS), WESTERN 7,866
CHORUS FROG (PSEUDACRIS TRISERIATA TRISERIATA), MOUNTAIN CHORUS 7,867
FROG (PSEUDACRIS BRACHYPHONA), BULLFROG (RANA CATESBEIANA), GREEN 7,869
FROG (RANA CLAMITANS MELANOTA), NORTHERN LEOPARD FROG (RANA 7,870
PIPIENS), PICKEREL FROG (RANA PALUSTRIS), SOUTHERN LEOPARD FROG 7,871
(RANA UTRICULARIA), AND WOOD FROG (RANA SYLVATICA). 7,872
(YY) "DEER" MEANS WHITE-TAILED DEER (ODDOCOILEUS 7,875
VIRGINIANUS).
(ZZ) "DOMESTIC DEER" MEANS NONNATIVE DEER THAT HAVE BEEN 7,878
LEGALLY ACQUIRED OR THEIR OFFSPRING AND THAT ARE HELD IN PRIVATE 7,879
OWNERSHIP FOR PRIMARILY AGRICULTURAL PURPOSES.
The chief shall not establish a season for the hunting of 7,881
mourning doves that opens prior to the fifteenth day of September 7,883
of any year.
Sec. 1531.06. (A) The chief of the division of wildlife, 7,893
with the approval of the director of natural resources, may 7,894
acquire by gift, lease, purchase, or otherwise lands or surface 7,895
rights upon lands and waters or surface rights upon waters for 7,896
wild animals, fish or game management, preservation, propagation, 7,897
and protection, outdoor and nature activities, public fishing and 7,898
hunting grounds, and flora and fauna preservation. The chief, 7,899
with the approval of the director, may receive by grant, devise, 7,900
bequest, donation, or assignment evidences of indebtedness, the 7,901
proceeds of which are to be used for the purchase of such lands 7,902
or surface rights upon lands and waters or the surface rights 7,903
upon waters. 7,904
(B)(1) The chief shall adopt rules for the protection of 7,906
183
state-owned or leased lands and waters and property under the 7,909
division's control against wrongful use or occupancy that will 7,910
ensure the carrying out of the intent of this section, protect 7,911
those lands, waters, and property from depredations, and preserve 7,912
them from molestation, spoilation, destruction, or any improper 7,913
use or occupancy thereof, including rules with respect to 7,915
recreational activities and for the government and use of such
lands, waters, and property. 7,916
(2) The chief may adopt rules benefiting wild animals, 7,919
fish or game management, preservation, propagation, and
protection, outdoor and nature activities, public fishing and 7,920
hunting grounds, AND flora and fauna preservation, and regulating 7,921
the taking and possession of wild animals on any lands or waters 7,922
owned or leased or under the division's supervision and control 7,923
and, for a specified period of years, may prohibit or recall the 7,924
taking and possession of any wild animal on any portion of such 7,925
lands or waters. The division clearly shall define and mark the 7,926
boundaries of the lands and waters owned or leased or under its 7,928
supervision and control upon which the taking of any wild animal 7,929
is prohibited.
(C) The chief, with the approval of the director, may 7,931
acquire by gift, lease, or purchase land for the purpose of 7,932
establishing state fish hatcheries and game farms and may erect 7,933
thereon ON IT buildings or structures as THAT are necessary. 7,934
The title to or lease of such lands and waters shall be 7,936
taken by the chief in the name of the state. The lease or 7,937
purchase price of all such lands and waters may be paid from 7,938
hunting and trapping and fishing licenses and any other funds. 7,939
(D) To provide more public recreation, stream and lake 7,941
agreements for public fishing only may be obtained under rules 7,942
adopted by the chief. 7,943
(E) The chief, with the approval of the director, may 7,945
establish user fees for the use of special public facilities or 7,946
participation in special activities on lands and waters 7,947
184
administered by the division. The special facilities and 7,948
activities may include hunting or fishing on special designated 7,949
public lands and waters intensively managed or stocked with 7,950
artificially propagated game birds or fish, field trial 7,951
facilities, wildlife nature centers, firearm ranges, boat mooring 7,952
facilities, camping sites, and other similar special facilities 7,953
and activities. The chief shall determine whether the user fees 7,954
are refundable and shall ensure that that information is provided 7,955
at the time the user fees are paid.
(F) The chief, with the approval of the director, may 7,958
enter into lease agreements for rental of concessions or other 7,959
special projects situated on state-owned or leased lands or 7,960
waters or other property under the division's control. The chief 7,961
shall set and collect the fees for concession rentals or other 7,962
special projects; regulate through contracts between the division 7,963
and concessionaires the sale of tangible objects at concessions 7,964
or other special projects; and keep a record of all such fee 7,965
payments showing the amount received, from whom recieved 7,966
RECEIVED, and for what purpose the fee was collected. 7,967
(G) The chief may sell OR DONATE conservation-related 7,970
items or items that promote wildlife conservation, including, but 7,971
not limited to, STAMPS, pins, badges, books, bulletins, maps, 7,972
publications, calendars, and any other educational article or 7,973
artifact pertaining to wild animals; sell confiscated or 7,974
forfeited items; and sell surplus structures and equipment, and 7,975
timber or crops from lands owned, administered, leased, or 7,976
controlled by the division.
(H) The chief may sell, lease, or transfer minerals or 7,978
mineral rights, with the approval of the director, when the chief 7,979
and the director determine it to be in the best interest of the 7,980
state. Upon approval of the director, the chief may make, 7,981
execute, and deliver contracts, including leases, to mine, drill, 7,982
or excavate iron ore, stone, coal, petroleum, gas, salt, and
other minerals upon and under lands owned by the state and 7,983
185
administered by the division to any person who complies with the 7,984
terms of such a contract. No such contract shall be valid for 7,985
more than fifty years from its effective date. Consideration for 7,986
minerals and mineral rights shall be by rental or royalty basis 7,987
as prescribed by the chief and payable as prescribed by contract. 7,988
Moneys collected under this division shall be deposited in 7,989
accordance with division (I) of this PAID INTO THE STATE TREASURY 7,990
TO THE CREDIT OF THE WILDLIFE HABITAT FUND CREATED IN section 7,991
1531.33 OF THE REVISED CODE. Contracts entered into under this 7,992
division also may provide for consideration for minerals or 7,993
mineral rights in the form of acquisition of lands as provided 7,994
under divisions (A) and (C) of this section. 7,995
(I) All moneys received under divisions (E), (F), AND (G), 7,997
and (H) of this section shall be paid into the state treasury to 7,999
the credit of a fund which THAT shall be used for the purposes 8,000
outlined in section 1533.15 of the Revised Code and for the 8,001
management of other wild animals for their ecological and 8,002
nonconsumptive recreational value or benefit. 8,003
(J) THE CHIEF, WITH THE APPROVAL OF THE DIRECTOR, MAY 8,006
BARTER OR SELL WILD ANIMALS TO OTHER STATES, STATE OR FEDERAL 8,007
AGENCIES, AND CONSERVATION OR ZOOLOGICAL ORGANIZATIONS. MONEYS 8,008
RECEIVED FROM THE SALE OF WILD ANIMALS SHALL BE DEPOSITED INTO 8,009
THE WILD ANIMAL FUND CREATED IN SECTION 1531.34 OF THE REVISED 8,010
CODE.
(K) THE CHIEF SHALL ADOPT RULES ESTABLISHING STANDARDS AND 8,013
GUIDELINES FOR THE ADMINISTRATION OF CONTRACEPTIVE CHEMICALS TO 8,014
NONCAPTIVE WILD ANIMALS. THE RULES MAY SPECIFY CHEMICAL DELIVERY 8,015
METHODS AND DEVICES AND MONITORING REQUIREMENTS.
THE CHIEF SHALL ESTABLISH CRITERIA FOR THE ISSUANCE OF AND 8,018
SHALL ISSUE PERMITS FOR THE ADMINISTRATION OF CONTRACEPTIVE
CHEMICALS TO NONCAPTIVE WILD ANIMALS. NO PERSON SHALL ADMINISTER 8,020
CONTRACEPTIVE CHEMICALS TO NONCAPTIVE WILD ANIMALS WITHOUT A 8,021
PERMIT ISSUED BY THE CHIEF.
(L) All fees set by the chief under this section shall be 8,023
186
approved by the wildlife council. 8,024
Sec. 1531.081. THE DIVISION OF WILDLIFE DOES NOT HAVE 8,026
AUTHORITY TO REGULATE DOMESTIC DEER, WHICH SHALL BE REGULATED AS 8,027
AGRICULTURAL ANIMALS BY THE DEPARTMENT OF AGRICULTURE. 8,028
Sec. 1531.13. The law enforcement officers of the division 8,037
of wildlife shall be known as "wildlife officers." The chief of 8,038
the division of wildlife, wildlife officers, and such other 8,039
employees of the division as the chief of the division of 8,040
wildlife designates, and other officers who are given like 8,041
authority, shall enforce all laws pertaining to the taking, 8,042
possession, protection, preservation, management, and propagation 8,043
of wild animals and all division rules. They shall enforce all 8,044
laws against hunting without permission of the owner or
authorized agent of the land on which such THE hunting is done. 8,046
They may arrest on view and without issuance of a warrant. They 8,047
may inspect any container or package at any time except when 8,048
within a building and the owner or person in charge of the 8,049
building objects. The inspection shall be only for bag limits of 8,050
wild animals taken in open season or for wild animals taken 8,051
during the closed season, or for any kind or species of those 8,052
wild animals.
The chief may visit all parts of the state and direct and 8,054
assist wildlife officers and other employees in the discharge of 8,055
their duties. The owners or tenants of private lands or waters 8,056
are not liable to wildlife officers for injuries suffered while 8,057
carrying out their duties while on the lands or waters of the 8,058
owners or tenants unless the injuries are caused by the willful 8,059
or wanton misconduct of the owners or tenants. Any regularly 8,060
employed salaried wildlife officer may enter any private lands or 8,061
waters if he THE WILDLIFE OFFICER has good cause to believe and 8,062
does believe that a law is being violated. 8,064
A wildlife officer, sheriff, deputy sheriff, constable, or 8,066
officer having a similar authority may search any place which he 8,067
THE OFFICER has good reason to believe contains a wild animal or 8,068
187
any part of a wild animal taken or had in possession contrary to 8,069
law or division rule, or a boat, gun, net, seine, trap, ferret, 8,070
or device used in the violation, and seize any he THE OFFICER 8,071
finds so taken or possessed. If the owner or person in charge of 8,072
the place to be searched refuses to permit the search, upon 8,073
filing an affidavit in accordance with law with a court having 8,074
jurisdiction of the offense and upon receiving a search warrant 8,075
issued, the officer may forcibly MAY search the place described, 8,076
and if in the search he THE OFFICER finds any wild animal or part 8,077
of a wild animal, or any boat, gun, net, seine, trap, ferret, or 8,078
device in the possession of the owner or person in charge, 8,079
contrary to this chapter or Chapter 1533. of the Revised Code or 8,080
division rule, he THE OFFICER shall seize them IT and arrest the 8,081
person in whose custody or possession they were IT WAS found. 8,082
The wild animal or parts of a wild animal or boat, gun, net, 8,083
seine, trap, ferret, or device so found shall escheat to the 8,084
state.
Each wildlife officer shall post a bond in a sum not less 8,086
than one thousand dollars executed by a surety company authorized 8,087
to transact business in this state for the faithful performance 8,088
of the duties of his THE WILDLIFE OFFICER'S office. 8,089
The chief and wildlife officers are vested with HAVE the 8,092
authority of police officers SPECIFIED under section 2935.03 of 8,094
the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT OF NATURAL 8,095
RESOURCES for the purpose of enforcing the criminal laws of the 8,096
state on any property owned, controlled, maintained, or 8,097
administered by the department of natural resources and may 8,098
enforce sections 2923.12, 2923.15, and 2923.16 of the Revised 8,099
Code throughout the state and may arrest without warrant any 8,100
person who, in the presence of the chief or any wildlife officer,
is engaged in the violation of any of those laws. 8,101
A WILDLIFE OFFICER MAY RENDER ASSISTANCE TO A STATE OR 8,103
LOCAL LAW ENFORCEMENT OFFICER AT THE REQUEST OF THAT OFFICER OR 8,104
MAY RENDER ASSISTANCE TO A STATE OR LOCAL LAW ENFORCEMENT OFFICER 8,106
188
IN THE EVENT OF AN EMERGENCY. WILDLIFE OFFICERS SERVING OUTSIDE 8,107
THE DIVISION OF WILDLIFE UNDER THIS SECTION SHALL BE CONSIDERED 8,108
AS PERFORMING SERVICES WITHIN THEIR REGULAR EMPLOYMENT FOR THE 8,109
PURPOSES OF COMPENSATION, PENSION OR INDEMNITY FUND RIGHTS, 8,110
WORKERS' COMPENSATION, AND OTHER RIGHTS OR BENEFITS TO WHICH THEY 8,111
MAY BE ENTITLED AS INCIDENTS OF THEIR REGULAR EMPLOYMENT. 8,112
WILDLIFE OFFICERS SERVING OUTSIDE THE DIVISION OF WILDLIFE 8,114
UNDER THIS SECTION RETAIN PERSONAL IMMUNITY FROM CIVIL LIABILITY 8,115
AS SPECIFIED IN SECTION 9.86 OF THE REVISED CODE AND SHALL NOT BE 8,118
CONSIDERED AN EMPLOYEE OF A POLITICAL SUBDIVISION FOR PURPOSES OF 8,120
CHAPTER 2744. OF THE REVISED CODE. A POLITICAL SUBDIVISION THAT 8,123
USES WILDLIFE OFFICERS UNDER THIS SECTION IS NOT SUBJECT TO CIVIL 8,124
LIABILITY UNDER CHAPTER 2744. OF THE REVISED CODE AS THE RESULT 8,126
OF ANY ACTION OR OMISSION OF ANY WILDLIFE OFFICER ACTING UNDER 8,127
THIS SECTION. 8,128
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, OR 8,137
boat, USED IN THE UNLAWFUL TAKING OR TRANSPORTING OF WILD 8,138
ANIMALS, AND ANY net, seine, trap, ferret, gun, or other device 8,139
used in the unlawful taking of wild animals, is a public 8,140
nuisance. Each wildlife officer, or other officer with like 8,141
authority, shall seize and safely keep such property and the 8,142
illegal results of its use, and unless otherwise ordered by the 8,143
chief of the division of wildlife shall institute, within five 8,144
days, proceedings in a proper court of the county for its 8,145
forfeiture. A writ of replevin shall not lie to take the 8,146
property from the officer's custody or from the custody or 8,147
jurisdiction of the court in which the proceeding is instituted, 8,148
nor shall the proceeding affect a criminal prosecution for the 8,149
unlawful use or possession of the property.
An action for the forfeiture of any such property shall be 8,151
commenced by the filing of an affidavit describing the property 8,152
seized and stating the unlawful use made of it, the time and 8,153
place of seizure, and the name of the person owning or using it 8,154
at the time of seizure. If the name is unknown, that fact shall 8,155
189
be stated. Upon the filing of the affidavit, the court shall 8,156
issue a summons setting forth the facts stated in the affidavit 8,157
and fixing a time and place for the hearing of the complaint. A 8,158
copy of the summons shall be served on the owner or person using 8,159
the property at the time of its seizure, if he THE OWNER OR USER 8,160
is known, or by leaving a copy thereof at his THE OWNER'S OR 8,161
USER'S usual residence or place of business in the county, at 8,163
least three days before the time fixed for the hearing of the 8,164
complaint. If the owner or user is unknown or a nonresident of 8,165
the county or cannot be found therein, a copy of the summons 8,166
shall be posted at a suitable place nearest the place of seizure, 8,167
but if his THE OWNER'S OR USER'S address is known, a copy of the 8,168
summons shall be mailed to him THE OWNER OR USER at least three 8,169
days before the time fixed for the hearing of the complaint. On 8,170
the date fixed for the hearing, the officer making the service 8,171
shall make a return of the time and manner of making the service. 8,172
Upon the proper cause shown, the court may postpone the hearing. 8,173
If the owner or person unlawfully using the property at the 8,176
time of its seizure is arrested, pleads guilty, and confesses
that the property at the time of its seizure was being used by 8,177
him THE OWNER OR USER in violation of law or division rule, no 8,178
proceeding of forfeiture shall be instituted, but the court in 8,179
imposing sentence shall order the property so seized forfeited to 8,180
the state, to be disposed of thereafter as the chief of the 8,181
division of wildlife directs. 8,182
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE 8,185
CONTRARY, A PROCEEDING OF FORFEITURE SHALL NOT BE INSTITUTED
UNDER THIS SECTION UNLESS THE OWNER OF THE PROPERTY OR THE PERSON 8,187
UNLAWFULLY USING THE PROPERTY IS CONVICTED OF A VIOLATION OF LAW 8,188
OR DIVISION RULE.
Sec. 1531.202. ANY PERSON WHO IS RESPONSIBLE FOR CAUSING 8,190
OR ALLOWING AN UNAUTHORIZED SPILL, RELEASE, OR DISCHARGE OF 8,191
MATERIAL INTO OR ON ANY LAND OR ANY GROUND OR SURFACE WATER OR 8,192
INTO THE AIR THAT RESULTS IN THE DEATH OF A WILD ANIMAL AND THAT 8,193
190
NECESSITATES AN INVESTIGATION BY THE DIVISION OF WILDLIFE, OR WHO 8,195
VIOLATES SECTION 1531.02 OF THE REVISED CODE IN A MANNER THAT 8,196
NECESSITATES AN INVESTIGATION BY THE DIVISION REGARDING THE DEATH 8,198
OF A WILD ANIMAL, IS LIABLE TO THE DIVISION FOR COSTS INCURRED IN 8,199
THE INVESTIGATION IF THE PERSON PLEADS GUILTY TO OR IS CONVICTED 8,200
OF CAUSING OR ALLOWING THE UNAUTHORIZED SPILL, RELEASE, OR 8,201
DISCHARGE OR A VIOLATION OF SECTION 1531.02 OF THE REVISED CODE. 8,202
THE COSTS MAY INCLUDE WAGES AND BENEFITS OF EMPLOYEES OF THE 8,204
DIVISION. THE CHIEF OF THE DIVISION OF WILDLIFE OR THE CHIEF'S 8,205
AUTHORIZED REPRESENTATIVE SHALL BRING A CIVIL ACTION AGAINST THE 8,206
RESPONSIBLE PERSON TO RECOVER THOSE COSTS. 8,207
Sec. 1531.33. The wildlife habitat fund is hereby created 8,216
in the state treasury, which. THE FUND shall consist of the 8,218
investment earnings of the wildlife habitat trust fund, and 8,219
CREATED IN SECTION 1531.32 OF THE REVISED CODE; GIFTS, DONATIONS, 8,222
BEQUESTS, AND OTHER MONEYS CONTRIBUTED TO THE DIVISION OF 8,223
WILDLIFE FOR THE PURPOSES OF THE FUND; MONEYS COLLECTED UNDER 8,224
DIVISION (H) OF SECTION 1531.06 OF THE REVISED CODE; AND MONEYS 8,227
RECEIVED BY THE DIVISION PURSUANT TO NEGOTIATED MITIGATION 8,228
SETTLEMENTS FROM PERSONS WHO HAVE ADVERSELY AFFECTED FISH AND 8,229
WILDLIFE, OR THEIR HABITATS, OVER WHICH THE DIVISION HAS 8,230
JURISDICTION UNDER THIS CHAPTER OR CHAPTER 1533. OF THE REVISED 8,233
CODE OTHER THAN FISH AND WILDLIFE OF THE OHIO RIVER OR THEIR 8,235
HABITATS.
THE FUND shall be used by the division of wildlife to 8,238
acquire and develop lands for the preservation, propagation, and 8,239
protection of wild animals. All expenditures from the wildlife 8,240
habitat fund must SHALL be approved by the director of natural 8,241
resources. Quarterly each fiscal year, the treasurer of state 8,242
shall transfer the investment earnings of the wildlife habitat 8,243
trust fund to the wildlife habitat fund. 8,244
Sec. 1531.34. THERE IS HEREBY CREATED IN THE STATE 8,246
TREASURY THE WILD ANIMAL FUND. THE FUND SHALL CONSIST OF MONEYS 8,247
RECEIVED FROM THE SALE OF WILD ANIMALS UNDER DIVISION (J) OF 8,249
191
SECTION 1531.06 OF THE REVISED CODE. MONEYS IN THE FUND SHALL BE 8,251
SPENT ON PROGRAMS ADMINISTERED BY THE DIVISION OF WILDLIFE OR
CONTRIBUTED BY THE DIVISION TO AN APPROPRIATE NONPROFIT 8,252
ORGANIZATION FOR THE ACQUISITION, DEVELOPMENT, AND MANAGEMENT OF 8,253
LANDS AND WATERS WITHIN THE STATE FOR WILDLIFE PURPOSES. 8,254
Sec. 1531.99. (A) Whoever violates section 1531.02 of the 8,263
Revised Code, or any division rule, other than a rule adopted 8,264
under section 1531.25 of the Revised Code, is guilty of a 8,265
misdemeanor of the fourth degree. 8,266
(B) Whoever violates section 1531.02 of the Revised Code 8,268
concerning the taking or possession of deer or VIOLATES DIVISION 8,269
(K) OF SECTION 1531.06 OR section 1531.07 or 1531.29 of the 8,270
Revised Code is guilty of a misdemeanor of the third degree on a 8,271
first offense; on each subsequent offense, that person is guilty 8,272
of a misdemeanor of the first degree. 8,273
(C) Whoever violates section 1531.25 of the Revised Code 8,275
is guilty of a misdemeanor of the first degree. 8,276
(D) Whoever violates section 1531.02 of the Revised Code 8,278
concerning the selling or offering for sale of any wild animals 8,279
or parts of wild animals, the minimum value of which animals or 8,280
parts, in the aggregate, is more than one thousand dollars as 8,281
established under section 1531.201 of the Revised Code, is guilty 8,282
of a felony of the fifth degree.
(E) A court that imposes sentence for a violation of any 8,284
section of this chapter governing the holding, taking, or 8,285
possession of wild animals, including, without limitation, 8,286
section 1531.11 of the Revised Code, shall require the person who 8,287
is convicted of or pleads guilty to the offense, in addition to 8,288
any fine, term of imprisonment, seizure, and forfeiture imposed, 8,289
to make restitution for the minimum value of the wild animal 8,290
illegally held, taken, or possessed as established under section 8,291
1531.201 of the Revised Code. An officer who collects moneys 8,292
paid as restitution under this section shall pay those moneys to 8,293
the treasurer of state who shall deposit them in the state 8,294
192
treasury to the credit of the wildlife fund established under 8,295
section 1531.17 of the Revised Code. 8,296
Sec. 1533.01. As used in this chapter, "person," 8,305
"resident," "nonresident," "division rule," "rule," "closed 8,306
season," "open season," "take or taking," "possession," "bag 8,307
limit," "transport and transportation," "sell and sale," "whole 8,308
to include part," "angling," "trotline," "fish," "measurement of 8,309
fish," "wild birds," "game," "game birds," "nongame birds," "wild 8,310
quadrupeds," "game quadrupeds," "fur-bearing animals," "wild 8,311
animals," "hunting," "trapping," "muskrat spear," "channels and 8,312
passages," "island," "reef," "fur farm," "waters," "crib," "car," 8,313
"commercial fish," "fishing," "fillet," "part fillet," "round," 8,314
"migrate," "spreader bar," "fishing guide," "net," "commercial 8,315
fishing gear," "native wildlife," "gill net," "small game," "tag 8,317
fishing tournament," "tenant," and "nonnative wildlife," 8,318
"REPTILES," "AMPHIBIANS," AND "DEER" have the same meanings as in 8,319
section 1531.01 of the Revised Code.
Sec. 1533.06. It is hereby provided that a "special 8,328
hunting area" is established on the department of natural 8,329
resources lands and waters situated in Lucas and Ottawa counties 8,330
and known as the "Magee Marsh State Public Hunting Area." 8,331
On such THAT area the chief of the division of wildlife is 8,333
hereby empowered to MAY provide a special daily hunting permit 8,334
for all persons permitted to hunt on such THE area. The fee for 8,335
such a permit is five dollars per day UNLESS THE CHIEF ADOPTS 8,336
RULES ESTABLISHING A LOWER FEE. 8,337
The permit shall be in such A form as prescribed by the 8,339
director of the department of natural resources. All moneys 8,340
received as fees shall be paid into the state treasury to the 8,341
credit of a fund which THAT is hereby appropriated exclusively 8,342
for the use of the department of natural resources for the 8,343
purposes outlined in section 1533.15 of the Revised Code. 8,344
Nothing in this section shall be construed to alter or 8,346
supersede the laws requiring a hunting and trapping license. 8,347
193
Sec. 1533.08. Except as otherwise provided by division 8,356
rule, any person desiring to collect wild animals that are 8,357
protected by law or their nests or eggs for scientific study, 8,359
school instruction, other educational uses, or rehabilitation
shall make application to the chief of the division of wildlife 8,360
for a wild animal collecting permit on a form furnished by the 8,361
chief. The applicant shall submit written recommendations of two 8,362
well-known scientific persons or teachers of science, certifying 8,363
to the good character and fitness of the applicant. Each 8,364
applicant for a wild animal collecting permit, OTHER THAN AN 8,365
APPLICANT DESIRING TO REHABILITATE WILD ANIMALS, shall pay an 8,366
annual fee of ten dollars for each permit. NO FEE SHALL BE 8,367
CHARGED TO AN APPLICANT DESIRING TO REHABILITATE WILD ANIMALS. 8,368
When it appears that the application is made in good faith, the 8,369
chief shall issue to the applicant a permit to take, possess, and 8,370
transport at any time and in any manner specimens of wild animals 8,371
protected by law or their nests and eggs for scientific study, 8,372
school instruction, other educational uses, or rehabilitation and 8,373
under any additional rules recommended by the wildlife council. 8,374
Upon the receipt of a permit, the holder may take, possess, and 8,375
transport such THOSE wild animals in accordance with the permit. 8,376
Each holder of a permit engaged in collecting such wild 8,378
animals shall carry his THE permit with him at all times and 8,380
shall exhibit it upon demand to any wildlife officer, constable,
sheriff, deputy sheriff, or police officer, to the owner or 8,381
person in lawful control of the land upon which he THE PERMIT 8,382
HOLDER is collecting, or to any other person. Failure to so 8,383
carry or exhibit the permit constitutes an offense under this 8,384
section.
Each permit holder shall keep a daily record of all 8,386
specimens collected under the permit and the disposition of the 8,387
specimens and shall exhibit the daily record to any official of 8,388
the division upon demand. 8,389
Each permit shall remain in effect for one year from the 8,392
194
date of issuance unless it is revoked sooner by the chief.
All moneys received as fees for the issuance of a wild 8,394
animal collecting permit shall be transmitted to the director of 8,396
natural resources to be paid into the state treasury to the
credit of the fund created by section 1533.15 of the Revised 8,397
Code. 8,398
Sec. 1533.10. Except as provided in this section or 8,407
division (A) of section 1533.12 of the Revised Code, no person 8,408
shall hunt any wild bird or wild quadruped without a hunting 8,409
license. Each day that any person hunts within the state without 8,410
procuring such a license constitutes a separate offense. Every 8,411
applicant for a hunting license who is a resident of the state 8,412
and age sixteen YEARS OF AGE or over MORE shall procure a 8,414
resident hunting license, the fee for which shall be fourteen 8,415
dollars, unless the rules adopted under division (B) of section 8,416
1533.12 of the Revised Code provide for issuance of a resident 8,417
hunting license to the applicant free of charge. Every applicant 8,418
who is a resident of the state and under the age of sixteen years 8,419
shall procure a special youth hunting license, the fee for which 8,420
shall be one-half of the regular hunting license fee. The owner 8,421
of lands in the state and the owner's children of any age and 8,424
grandchildren under eighteen years of age may hunt on the lands 8,425
without a hunting license. The tenant or manager and children of 8,426
the tenant or manager, residing on lands in the state, may hunt 8,427
thereon ON THEM without a hunting license. Every applicant for a 8,429
hunting license who is a nonresident of the state shall procure a 8,430
nonresident hunting license, the fee for which shall be ninety 8,431
dollars, unless the applicant is a resident of a state that is a 8,432
party to an agreement under section 1533.91 of the Revised Code, 8,433
in which case the fee shall be fourteen dollars. 8,434
The chief of the division of wildlife may issue a tourist's 8,436
small game hunting license expiring three days from the effective 8,437
date of the license to a nonresident of the state, the fee for 8,438
which shall be twenty-four dollars. No person shall take or 8,439
195
possess DEER, WILD TURKEYS, FUR-BEARING ANIMALS, DUCKS, GEESE, 8,440
BRANT, OR any NONGAME animal that is not small game while 8,441
possessing only a tourist's small game hunting license. A 8,443
tourist's small game hunting license does not authorize the 8,444
taking or possessing of ducks, geese, or brant without having 8,445
obtained, in addition to the tourist's small game hunting 8,446
license, a wetlands habitat stamp as provided in section 1533.112 8,447
of the Revised Code. A TOURIST'S HUNTING LICENSE DOES NOT 8,448
AUTHORIZE THE TAKING OR POSSESSING OF DEER, WILD TURKEYS, OR 8,449
FUR-BEARING ANIMALS. A NONRESIDENT OF THE STATE WHO WISHES TO 8,450
TAKE OR POSSESS DEER, WILD TURKEYS, OR FUR-BEARING ANIMALS IN 8,451
THIS STATE SHALL PROCURE, RESPECTIVELY, A SPECIAL DEER OR WILD 8,452
TURKEY PERMIT AS PROVIDED IN SECTION 1533.11 OF THE REVISED CODE 8,453
OR A FUR TAKER PERMIT AS PROVIDED IN SECTION 1533.111 OF THE 8,454
REVISED CODE IN ADDITION TO A NONRESIDENT HUNTING LICENSE AS 8,455
PROVIDED IN THIS SECTION. 8,456
No person shall procure or attempt to procure a hunting 8,458
license by fraud, deceit, misrepresentation, or any false 8,459
statement. 8,460
This section does not authorize the taking and possessing 8,462
of deer or wild turkeys without first having obtained, in 8,463
addition to the hunting license required by this section, a 8,464
special deer or wild turkey permit as provided in section 1533.11 8,465
of the Revised Code or the taking and possessing of ducks, geese, 8,466
or brant without first having obtained, in addition to the 8,467
hunting license required by this section, a wetlands habitat 8,468
stamp as provided in section 1533.112 of the Revised Code. 8,469
This section does not authorize the hunting or trapping of 8,471
fur-bearing animals without first having obtained, in addition to 8,472
a hunting license required by this section, a fur taker permit as 8,473
provided in section 1533.111 of the Revised Code. 8,474
No hunting license shall be issued unless it is accompanied 8,476
by a written explanation of the law in section 1533.17 of the 8,478
Revised Code and the penalty for its violation, including a 8,479
196
description of terms of imprisonment and fines that may be 8,480
imposed.
No hunting license shall be issued unless the applicant 8,482
presents to the agent authorized to issue the license a 8,483
previously held hunting license or evidence of having held such a 8,484
license in content and manner approved by the chief, a 8,485
certificate of completion issued upon completion of a hunter 8,486
education and conservation course approved by the chief, or 8,487
evidence of equivalent training in content and manner approved by 8,488
the chief. 8,489
No person shall issue a hunting license to any person who 8,491
fails to present the evidence required by this section. No 8,492
person shall purchase or obtain a hunting license without 8,493
presenting to the issuing agent the evidence required by this 8,494
section. Issuance of a hunting license in violation of the 8,495
requirements of this section is an offense by both the purchaser 8,496
of the illegally obtained hunting license and the clerk or agent 8,497
who issued the hunting license. Any hunting license issued in 8,498
violation of this section is void. 8,499
The chief, with approval of the wildlife council, shall 8,501
adopt rules prescribing a hunter education and conservation 8,502
course for first-time hunting license buyers and for volunteer 8,503
instructors. The course shall consist of subjects including, but 8,504
not limited to, hunter safety and health, use of hunting 8,505
implements, hunting tradition and ethics, the hunter and 8,506
conservation, the law in section 1533.17 of the Revised Code 8,508
along with the penalty for its violation, including a description 8,510
of terms of imprisonment and fines that may be imposed, and other 8,511
law relating to hunting. Authorized personnel of the division or 8,513
volunteer instructors approved by the chief shall conduct such 8,514
courses with such frequency and at such locations throughout the 8,515
state as to reasonably meet the needs of license applicants. The 8,516
chief shall issue a certificate of completion to each person who 8,517
successfully completes the course and passes an examination 8,518
197
prescribed by the chief.
Sec. 1533.12. (A) Every person on active duty in the 8,527
armed forces of the United States, while on leave or furlough, 8,528
may take or catch fish of the kind lawfully permitted to be taken 8,529
or caught within the state, may hunt any wild bird or wild 8,530
quadruped lawfully permitted to be hunted within the state, and 8,531
may trap fur-bearing animals lawfully permitted to be trapped 8,532
within the state, without procuring a fishing license, a hunting 8,533
license, a fur taker permit, or a wetlands habitat stamp required 8,534
by this chapter, provided that the person shall carry on his 8,535
person SELF when fishing, hunting, or trapping, a card or other 8,536
evidence identifying him THE PERSON as a person BEING on active 8,538
duty in the armed forces of the United States, and provided that 8,539
the person is not otherwise violating any of the hunting, 8,540
fishing, and trapping laws of this state. 8,541
In order to hunt deer or wild turkey, any such person shall 8,543
obtain a special deer or wild turkey permit, as applicable, under 8,544
section 1533.11 of the Revised Code. However, the person need 8,545
not obtain a hunting license in order to obtain such a permit. 8,546
(B) The chief of the division of wildlife shall provide by 8,548
rule adopted under section 1531.10 of the Revised Code that ALL 8,549
OF THE FOLLOWING: 8,550
(1) Every resident of this state with a disability that 8,552
has been determined by the veterans administration to be 8,553
permanently and totally disabling, who receives a pension or 8,554
compensation from the veterans administration, and who received 8,555
an honorable discharge from the armed forces of the United 8,556
States, and every veteran to whom the registrar of motor vehicles 8,557
has issued a set of license plates under section 4503.41 of the 8,558
Revised Code, shall be issued an annual fishing license, hunting 8,559
license, fur taker permit, deer or wild turkey permit, or 8,560
wetlands habitat stamp, or any combination of those licenses, 8,561
permits, and stamp, free of charge when application is made to 8,562
the chief in the manner prescribed by and on forms provided by 8,563
198
the chief;;. 8,572
(3) Every resident of state or county institutions, 8,574
charitable institutions, and military homes in this state shall 8,575
be issued an annual fishing license free of charge when 8,576
application is made to the chief in the manner prescribed by and 8,577
on forms provided by the chief;. 8,578
(4) Any MOBILITY IMPAIRED OR BLIND person, AS DEFINED IN 8,580
SECTION 955.011 OF THE REVISED CODE, who is a resident of this 8,581
state and who is unable to engage in fishing without the 8,582
assistance of another person because of a physical handicap shall 8,583
be issued an annual fishing license free of charge when 8,584
application is made to the chief in the manner prescribed by and 8,585
on forms provided by the chief. The person who is assisting the 8,586
handicapped MOBILITY IMPAIRED OR BLIND person may assist in 8,588
taking or catching fish of the kind permitted to be taken or 8,589
caught without procuring the license required under section 8,590
1533.32 of the Revised Code, provided that only one line is used 8,591
by both persons.
(5) As used in this division (B)(5) OF THIS SECTION, 8,593
"prisoner of war" means any regularly appointed, enrolled, 8,594
enlisted, or inducted member of the military forces of the United 8,595
States who was captured, separated, and incarcerated by an enemy 8,596
of the United States.
Any person who has been a prisoner of war, was honorably 8,598
discharged from the military forces, and is a resident of this 8,599
state shall be issued an annual fishing license, hunting license, 8,600
fur taker permit, or wetlands habitat stamp, or any combination 8,601
199
of those licenses, permits, and stamp, free of charge when 8,602
application is made to the chief in the manner prescribed by and 8,603
on forms provided by the chief. 8,604
(C) The chief shall adopt rules pursuant to section 8,606
1531.08 of the Revised Code designating not more than two days, 8,607
which need not be consecutive, in each year as "free sport 8,608
fishing days" on which any resident may exercise the privileges 8,609
accorded the holder of a fishing license issued under section 8,610
1533.32 of the Revised Code without procuring such a license, 8,611
provided that the person is not otherwise violating any of the 8,612
fishing laws of this state. 8,613
Sec. 1533.171. (A) No person, in the act of hunting, 8,622
pursuing, taking, or killing game A WILD ANIMAL, shall act in a 8,623
negligent, careless, or reckless manner so as to injure persons 8,624
or property.
(B) The court before whom any person is convicted of or 8,626
pleads guilty to a violation of division (A) of this section 8,627
shall report that fact, together with the violator's name and 8,628
address, to the chief of the division of wildlife not later than 8,629
ten days after the date of conviction or plea. 8,630
(C) Not later than seven days after receiving a 8,632
notification under division (B) of this section, the chief shall 8,633
revoke, for not less than one year nor more than five years, each 8,634
hunting license, fur taker permit, special deer permit, special 8,635
wild turkey permit, and wetlands habitat stamp issued to that 8,636
person under this chapter. No fee paid for such a license, 8,637
permit, or stamp shall be returned to the person. 8,638
Upon revoking a license, permit, or stamp, or a combination 8,640
thereof, under this division, the chief immediately shall send a 8,641
notice of his THAT action by certified mail to the last known 8,642
address of the person. The notice shall state the action taken, 8,644
order the person to surrender the revoked license, permit, or 8,645
stamp, or combination thereof, and state that the department of 8,646
natural resources will not afford a hearing as required under 8,647
200
section 119.06 of the Revised Code. 8,648
(D) If, after receiving a notice under division (C) of 8,650
this section, the person decides to petition for a review of the 8,651
revocation, he THE PERSON shall file a petition for such a review 8,653
not later than thirty days after receiving the notice in the 8,654
municipal court or the county court, or, if the person is under 8,655
eighteen years of age, the juvenile court, in whose jurisdiction 8,656
the violation occurred. The review shall be limited to the 8,657
question of the appropriateness of the period of revocation. The 8,658
court shall send a copy of the petition to the chief by certified 8,659
mail together with timely notice of the date, time, and place of 8,660
a hearing on the petition. The filing of a petition for a review 8,661
shall not stay the revocation during the pendency of the appeal. 8,662
(E) No person whose license, permit, or stamp, or a 8,664
combination thereof, has been revoked under this section shall 8,665
attempt to purchase, purchase, apply for, or receive any hunting 8,666
license, fur taker permit, special deer permit, special wild 8,667
turkey permit, or wetlands habitat stamp issued under this 8,668
chapter or engage in hunting during the time any such license, 8,669
permit, or stamp, or a combination thereof, is revoked. 8,670
Sec. 1533.24. Except as otherwise provided by division 8,679
rule, every fur dealer shall keep a daily record on forms 8,681
provided by the division of wildlife of all purchases and sales
of furs, skins, or parts thereof of fur-bearing animals made 8,682
during the previous year. The daily record shall include ANY 8,683
PERTINENT INFORMATION THAT THE DIVISION MAY REQUIRE. THE 8,684
INFORMATION MAY INCLUDE, but not be limited to, the number and 8,685
kinds bought and sold, the dates of each purchase and sale, 8,686
identification of all purchases from another fur dealer, and the 8,687
state and counties in which the furs, skins, or parts thereof 8,688
were taken, and other pertinent information that the division may 8,689
require. Every fur dealer shall submit completed forms to the 8,690
division of all transactions made during the preceding season by 8,691
the fifteenth day of May each year. All records required to be 8,692
201
maintained by a fur dealer shall be open at all reasonable times 8,693
to inspection by duly authorized division personnel who may 8,694
inspect the furs, skins, or parts thereof on hand at any time and 8,695
check and verify the records and reports required to be kept. 8,696
No common carrier shall knowingly ship or transport or 8,698
receive for transportation or shipment any green or dried furs, 8,699
skins, or parts thereof of fur-bearing animals unless there is 8,700
plainly written thereon the name of the shipper and the number of 8,701
his THE SHIPPER'S hunting license or fur dealer's permit. 8,702
Sec. 1533.67. The chief of the division of wildlife, 8,711
wildlife officers, and such other employees of the division as 8,712
THAT the chief specifies may serve and execute warrants and other 8,713
processes of law issued in the enforcement of sections 2923.12, 8,714
2923.15, and 2923.16 of the Revised Code and in the enforcement 8,716
of any law or division rule governing the taking, possession,
protection, preservation, or propagation of wild animals, or for 8,718
protection against THE wrongful use or occupancy of state owned 8,719
or leased lands and waters, and property under division control, 8,720
or in the enforcement of section 3767.32 or any other section of 8,721
the Revised Code prohibiting the dumping of refuse into or along 8,722
waters, or in the enforcement of a criminal law of the state when 8,723
violation thereof OF IT involves equipment or property owned, 8,724
leased, or controlled by the division, in the same manner as a 8,725
sheriff or constable may serve or execute a process, and may 8,726
arrest on sight and without a warrant a person found violating 8,727
any such law or rule. The chief or any wildlife officer has the 8,728
same authority as sheriffs to require aid in executing a process 8,729
or making an arrest. They may seize without process each part of 8,730
a wild animal in the possession of a person violating any law or 8,731
division rule governing the taking, possession, protection, 8,732
preservation, or propagation of wild animals, together with any 8,733
boat, gun, net, seine, trap, ferret, or device with which those 8,734
animals were taken or killed, or that was used in taking or 8,735
killing them, and any firearm, deadly weapon, or dangerous 8,736
202
ordnance, as defined in section 2923.11 of the Revised Code, used 8,737
or possessed contrary to sections 2923.12, 2923.15, and 2923.16 8,739
of the Revised Code, and immediately convey the person so
offending before any judge of a county court or judge of a 8,740
municipal court having jurisdiction over the area in which the 8,741
offense was committed. No
NO person shall interfere with, threaten, abuse, assault, 8,744
resist, or in any manner deter or attempt to deter a wildlife 8,745
officer or any other officer having like authority from carrying 8,746
into effect any law or division rule governing the taking, 8,747
possession, protection, preservation, or propagation of wild 8,748
animals, or for protection against wrongful use or occupancy of 8,749
state-owned or leased lands and waters, and property under 8,750
division control, or any law pertaining to the wearing or 8,751
exhibiting of any license or permit required by this chapter or 8,752
Chapter 1531. of the Revised Code, or regulating hunting and 8,753
trapping on the lands of another. No person shall interfere 8,754
with, threaten, abuse, assault, resist, or in any manner deter or 8,755
attempt to deter a wildlife officer or any other officer having 8,756
like authority from enforcing or from serving or executing any 8,757
warrant or other process issued in the enforcement of section 8,758
3767.32 or any other section of the Revised Code prohibiting the 8,759
dumping of refuse into or along waters, or a criminal law of the 8,760
state when violation thereof OF IT involves equipment or property 8,761
owned, leased, or controlled by the division, or any of the 8,762
provisions set forth in section 2923.12, 2923.15, or 2923.16 of 8,763
the Revised Code regulating use or possession of firearms, deadly 8,765
weapons, or dangerous ordnance, as defined in section 2923.11 of 8,766
the Revised Code. Arrests for such offenses may be made on 8,767
Sunday, in which case the offender immediately shall be taken
before any court or magistrate given jurisdiction in such cases 8,769
by this section and required by that court or magistrate to give 8,770
bond for his THE OFFENDER'S appearance at a time fixed for 8,771
hearing of the complaint on a weekday as soon after the arrest is 8,772
203
made as is practicable. If a bond is required of an offender in 8,773
such a case and he THE OFFENDER fails to give it, the court shall 8,775
order him THE OFFENDER committed to the county jail or to some 8,776
other suitable place of confinement until the time for the
hearing. The court may make any other arrangements to insure the 8,777
appearance of the offender at the designated time it considers 8,778
advisable. The jailer or officer in charge of the place of 8,779
confinement designated by the court shall receive the person so 8,780
committed.
Sec. 1533.68. If a person is convicted of a violation of 8,789
any law relative to the taking, possession, protection, 8,790
preservation, or propagation of wild animals, or a violation of 8,791
division (C) of section 2909.08 of the Revised Code while 8,792
hunting, or is convicted of a violation of any rule of the 8,793
division of wildlife, the court or magistrate before whom the 8,794
conviction is had, as an additional part of the penalty in each 8,796
case, shall suspend or revoke each license or permit issued to
the person in accordance with any section of the Revised Code 8,797
pertaining to the hunting, fishing, trapping, breeding, and sale 8,798
of wild animals or the sale of their hides, skins, or pelts. No 8,799
fee paid for such a license or permit shall be returned to the 8,800
person. 8,801
No person having a license or permit suspended or revoked 8,803
as provided in this section, in the event of a hunting or 8,804
trapping violation, shall engage in hunting or trapping, in the 8,805
event of a violation of division (C) of section 2909.08 of the 8,806
Revised Code while hunting, shall engage in hunting, or in the 8,807
event of a fishing violation, shall engage in fishing, or 8,808
purchase, apply for, or receive any such license or permit for 8,809
the following periods of time, as applicable: 8,810
(A) Three years after the date of conviction, if the 8,812
person is convicted of taking or possessing a deer in violation 8,813
of section 1531.02 of the Revised Code; 8,814
(B) Not more than three years after the date of 8,816
204
conviction, if the person is convicted of taking or possessing 8,817
any other wild animal in violation of section 1531.02 of the 8,818
Revised Code, is convicted of a misdemeanor violation of division 8,819
(C) of section 2909.08 of the Revised Code while hunting, or is 8,820
convicted of a second or subsequent violation of section 1533.17 8,821
of the Revised Code within a period of three consecutive years 8,823
after the date of conviction of the immediately preceding 8,824
violation of that section;
(C) Not more than five years after the date of conviction, 8,826
if the person is convicted of violating section 1533.171 or of 8,827
taking or possessing an eagle or osprey in violation of section 8,828
1533.07 of the Revised Code, or is convicted of a felony 8,829
violation of division (C) of section 2909.08 of the Revised Code 8,830
while hunting; 8,831
(D) NOT MORE THAN FIVE YEARS AFTER THE DATE OF CONVICTION 8,833
IF THE PERSON IS CONVICTED OF VIOLATING ANY SECTION OF THIS 8,834
CHAPTER OR CHAPTER 1531. OF THE REVISED CODE NOT SPECIFIED IN 8,835
DIVISION (A), (B), OR (C) OF THIS SECTION. 8,836
All licenses and permits suspended or revoked as provided 8,838
in this section shall be taken up by the magistrate and sent to 8,839
the department of natural resources where they shall be filed 8,840
with a record of the arrest until the person who held the 8,841
suspended or revoked license or permit is lawfully entitled to 8,842
obtain another license or permit. 8,843
Sec. 1533.70. As used in sections 1533.71 to 1533.80 of 8,853
the Revised Code:
(A) "Wholly enclosed preserve" means an area of land that 8,855
is surrounded by a fence that is at least six feet in height and 8,856
is constructed of a woven wire mesh, or such other ANOTHER 8,858
enclosure as THAT the division of wildlife may approve, where 8,859
game birds, game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing 8,860
animals are raised and may be sold under the authority of a 8,861
commercial propagating license obtained under section 1533.71 of 8,862
the Revised Code.
205
(B) "Commercial bird shooting preserve" means an area of 8,864
land where game birds are released and hunted by shooting as 8,865
authorized by a commercial bird shooting preserve license 8,866
obtained under section 1533.72 of the Revised Code.
(C) "Wild animal hunting preserve" means an area of land 8,868
where game and nonnative wildlife, other than game birds, are 8,869
released and hunted as authorized by a wild animal hunting 8,870
preserve license obtained under section 1533.721 of the Revised 8,871
Code.
(D) All definitions set forth in section 1531.01 of the 8,873
Revised Code apply to these sections 1533.70 TO 1533.80 OF THE 8,874
REVISED CODE.
Sec. 1533.71. Any UNLESS OTHERWISE PROVIDED BY DIVISION 8,883
RULE, ANY person desiring to engage in the business of raising 8,884
and selling game birds, game quadrupeds, REPTILES, AMPHIBIANS, or 8,885
fur-bearing animals in a wholly enclosed preserve of which he THE 8,886
PERSON is the owner or lessee, or to have game birds, game 8,887
quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals in 8,888
captivity, may SHALL apply in writing to the division of wildlife 8,890
for a license to do so.
The division, when it appears that the application is made 8,892
in good faith, shall, AND upon the payment of the fee for each 8,893
license, SHALL issue to the applicant such ANY of the following 8,895
licenses as THAT may be applied for: 8,896
(A) "Commercial propagating license" permitting the 8,898
licensee to propagate game birds, game quadrupeds, REPTILES, 8,899
AMPHIBIANS, or fur-bearing animals in the wholly enclosed 8,900
preserve the location of which is stated in the license and the 8,902
application therefor, and to sell such THE propagated game birds, 8,903
game quadrupeds, REPTILES, AMPHIBIANS, or fur-bearing animals and 8,904
ship them from the state alive at any time, and PERMITTING THE 8,905
LICENSEE AND THE LICENSEE'S EMPLOYEES to kill such THE propagated 8,906
game birds, game quadrupeds, or fur-bearing animals and sell the 8,908
carcasses for food subject to sections 1533.70 to 1533.80 of the 8,909
206
Revised Code. The fee for such a license is twenty-five dollars 8,910
per annum.
(B) "Noncommercial propagating license" permitting the 8,912
licensee to propagate game birds, game quadrupeds, REPTILES, 8,913
AMPHIBIANS, or fur-bearing animals and to hold such THE animals 8,916
in captivity. Game birds, game quadrupeds, REPTILES, AMPHIBIANS, 8,917
and fur-bearing animals propagated or held in captivity by 8,918
authority of a noncommercial propagating license are for the 8,919
licensee's own use and shall not be sold. The fee for such a 8,920
license is ten dollars per annum.
(C) A free "raise to release license" permitting duly 8,922
organized clubs, associations, or individuals approved by the 8,923
division to engage in the raising of game birds, game quadrupeds, 8,924
or fur-bearing animals for release only and not for sale or 8,925
personal use. 8,926
Except as provided by law, no person shall possess game 8,928
birds, game quadrupeds, or fur-bearing animals in closed season, 8,929
provided that municipal or governmental zoological parks shall 8,930
ARE not be required to obtain the licenses provided for in this 8,931
section. 8,932
All licenses issued under this section shall expire on the 8,934
fifteenth day of March of each year. 8,935
The chief OF THE DIVISION OF WILDLIFE shall pay all moneys 8,937
received as fees for the issuance of such licenses UNDER THIS 8,938
SECTION into the state treasury to the credit of the fund created 8,940
by section 1533.15 of the Revised Code for the use of the 8,941
division in the purchase, preservation, and protection of wild 8,942
animals, and for the necessary clerical help and forms required 8,943
by sections 1533.70 to 1533.80 of the Revised Code.
THIS SECTION DOES NOT AUTHORIZE THE TAKING OR THE RELEASE 8,946
FOR TAKING OF THE FOLLOWING:
(1) GAME BIRDS, WITHOUT FIRST OBTAINING A COMMERCIAL BIRD 8,949
SHOOTING PRESERVE LICENSE ISSUED UNDER SECTION 1533.72 OF THE 8,950
REVISED CODE;
207
(2) GAME OR NONNATIVE WILDLIFE, WITHOUT FIRST OBTAINING A 8,953
WILD ANIMAL HUNTING PRESERVE LICENSE ISSUED UNDER SECTION 8,954
1533.721 OF THE REVISED CODE.
Sec. 1533.74. No game birds, game quadrupeds, OR 8,963
fur-bearing animals, or nonnative wildlife shall be sold for food 8,966
unless the carcass of each game bird, game quadruped, OR 8,967
fur-bearing animal, or nonnative wildlife is tagged with a 8,968
suitable tag or seal supplied by the division of wildlife. Game 8,970
birds, game quadrupeds, AND fur-bearing animals, and nonnative 8,971
wildlife so killed and tagged may be possessed, bought, or sold 8,975
at any time. Common carriers shall receive and transport game 8,976
birds, game quadrupeds, AND fur-bearing animals, and nonnative 8,978
wildlife so tagged, but to every package containing them shall be 8,979
affixed a tag or label upon which shall be plainly printed or 8,980
written the name of the person to whom the license was issued, 8,981
the name of the person to whom they are to be transported, the 8,982
number of game birds, game quadrupeds, OR fur-bearing animals, or 8,983
nonnative wildlife contained in the package, and a statement to 8,986
the effect that they were killed and tagged in accordance with 8,987
sections 1533.70 to 1533.80 of the Revised Code. 8,988
The chief of the division of wildlife may adopt rules under 8,990
section 1531.10 of the Revised Code necessary to administer this 8,991
section.
THIS SECTION AND RULES ADOPTED PURSUANT TO IT DO NOT APPLY 8,993
TO MEAT THAT HAS BEEN INSPECTED BY THE DEPARTMENT OF AGRICULTURE 8,994
UNDER CHAPTER 918. OF THE REVISED CODE AND RULES ADOPTED UNDER IT 8,995
AND THAT HAS BEEN MARKED WITH AN OFFICIAL INSPECTION MARK, STAMP, 8,996
OR BRAND PURSUANT TO THAT INSPECTION.
Sec. 1533.82. (A) On receipt of a notice pursuant to 9,005
section 2301.373 of the Revised Code, the chief of the division 9,006
of wildlife shall comply with that section with respect to a 9,009
license or, permit, OR CERTIFICATE issued pursuant to section 9,010
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 9,011
1533.71, 1533.72, or 1533.81, 1533.88, OR 1533.881 of the Revised 9,013
208
Code.
(B) On receipt of a notice pursuant to section 2301.375 of 9,015
the Revised Code, the chief of the division of wildlife shall 9,017
comply with that section with respect to a license, permit, or 9,019
stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 9,020
1533.112, or 1533.32 of the Revised Code.
Sec. 1518.20 1533.86. As used in sections 1518.20 1533.86 9,030
to 1518.27 1533.90 of the Revised Code:
(A) "Ginseng" means the plant Panax quinquefolius L., also 9,032
known as Panax quinquefolium L., commonly known as American 9,033
ginseng. 9,034
(B) "Wild ginseng" means ginseng that grows in an 9,036
uncultivated state and in its natural habitat, whether the plant 9,037
occurs naturally from that habitat or was introduced or increased 9,038
in abundance by sowing ginseng seed or transplanting ginseng 9,039
plants from other areas and performing no other cultivation 9,040
practices. 9,041
(C) "Cultivated ginseng" means ginseng that grows or has 9,043
been grown in tilled beds under the shade of artificial 9,044
structures or natural shade and is cultivated according to 9,045
standard ginseng horticultural practices. 9,046
(D) "Harvest" means to cut, pick, dig, root up, gather, or 9,048
otherwise collect ginseng. 9,049
(E) "Person" includes any legal entity defined as a person 9,051
under section 1.59 of the Revised Code and any political 9,052
subdivision, instrumentality, or agency of this state, another 9,053
state, or the United States. 9,054
(F) "Collector" means a person who harvests ginseng. 9,056
(G) "Grower" means a person who grows cultivated ginseng. 9,058
(H) "Dealer" means a person who buys or otherwise acquires 9,060
or conveys ginseng for resale. 9,061
(I) "Buy" includes trade or barter. 9,063
(J) "Sell" includes trade or barter. 9,065
Sec. 1518.21 1533.87. There is hereby established in the 9,074
209
department of natural resources the Ohio ginseng management 9,075
program, which shall be administered by the chief of the division 9,076
of natural areas and preserves WILDLIFE. The program shall be 9,077
administered to achieve and maintain a sustained yield of ginseng 9,078
so that harvesting of the plant is not detrimental to the 9,079
survival of the species. The chief shall do all things necessary 9,080
to regulate the harvesting of wild ginseng and the buying, 9,081
possession, transportation, sale, offering for sale, or exposure 9,082
for sale of wild or cultivated ginseng.
Sec. 1518.22 1533.88. The chief of the division of natural 9,091
areas and preserves WILDLIFE shall adopt and may amend or rescind 9,093
rules in accordance with Chapter 119. UNDER SECTION 1531.10 of 9,094
the Revised Code as necessary to carry out the purposes of 9,095
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code, 9,096
including, but not limited to: 9,097
(A) Establishing a harvest season for wild ginseng; 9,099
(B) Establishing a certification program for ALL legally 9,101
harvested ginseng that is to be exported from the state or is 9,102
bought or sold outside the buying season, including setting a 9,103
certification fee; 9,104
(C) Establishing a buying season for ginseng that has not 9,106
yet been certified in accordance with rules adopted under 9,107
division (B) of this section; 9,108
(D) Establishing a registration permit system to authorize 9,110
ginseng dealers to buy or otherwise acquire or convey ginseng for 9,111
resale and export; 9,112
(E) Establishing a record system to be kept by collectors, 9,114
dealers, and growers of ginseng; 9,115
(F) Developing educational materials about ginseng, 9,117
ginseng regulation, and the Ohio ginseng management program. 9,118
Sec. 1518.23 1533.881. No person shall buy or otherwise 9,127
acquire or convey ginseng for resale or export without a 9,128
registration permit issued annually by the chief of the division 9,129
of natural areas and preserves WILDLIFE in accordance with rules 9,130
210
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 9,131
Code. In addition to any other penalty, the chief may refuse to 9,133
issue a permit to or suspend the permit of any person who fails 9,134
to comply with sections 1518.20 1533.86 to 1518.27 1533.90 of the 9,135
Revised Code or rules adopted under PURSUANT TO section 1518.22 9,136
1533.88 of the Revised Code. A person denied a permit is 9,137
entitled to a hearing in accordance with Chapter 119. of the 9,138
Revised Code. A person whose permit is to be suspended shall be 9,139
afforded the opportunity for a hearing under Chapter 119. of the 9,140
Revised Code prior to the final decision to suspend his permit. 9,141
Sec. 1518.24 1533.882. No person shall do any of the 9,150
following: 9,151
(A) Without written authorization from the chief of the 9,153
division of natural areas and preserves WILDLIFE, harvest wild 9,154
ginseng except during the harvesting season as established by 9,155
rule under ADOPTED PURSUANT TO section 1518.22 1533.88 of the 9,157
Revised Code; 9,158
(B) Without first obtaining written permission from the 9,160
person entitled to the ginseng, willfully destroy, injure, or 9,161
harvest ginseng that is the property of that person, except that 9,162
wild ginseng may be harvested on public property when the public 9,163
entity that is responsible for the property has authorized 9,164
permission to harvest wild ginseng; 9,165
(C) Ship or otherwise transport out of state ginseng that 9,167
has not been certified in accordance with rules adopted under 9,168
PURSUANT TO division (B) of section 1518.22 1533.88 of the 9,170
Revised Code;
(D) Except during the buying season as established by rule 9,172
under ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised 9,174
Code, buy, otherwise acquire, or sell uncertified ginseng; 9,175
(E) Fail to keep records as established by rule under 9,177
ADOPTED PURSUANT TO section 1518.22 1533.88 of the Revised Code; 9,178
(F) Possess ginseng from another state without a 9,180
certificate of legal taking issued by that state under its 9,181
211
ginseng management program; 9,182
(G) Knowingly provide incorrect or false information on or 9,184
in any permit application, report, export certificate, or other 9,185
document required by rules adopted under PURSUANT TO section 9,186
1518.22 1533.88 of the Revised Code; 9,187
(H) Violate any provision of sections 1518.20 1533.86 to 9,189
1518.27 1533.90 of the Revised Code or rules adopted under 9,191
PURSUANT TO section 1518.22 1533.88 of the Revised Code. 9,192
Sec. 1518.25 1533.89. Any sheriff, deputy sheriff, 9,201
marshal, deputy marshal, municipal police officer, township 9,202
constable, park, PRESERVE, or forest officer, conservancy 9,204
district police officer, or other law enforcement officer, within 9,205
the limits of his THE OFFICER'S jurisdiction, may enforce 9,206
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code 9,207
and rules adopted under PURSUANT TO section 1518.22 1533.88 of 9,208
the Revised Code, and any preserve or wildlife officer may 9,209
enforce those sections and rules throughout the state. 9,211
Sec. 1518.26 1533.891. The chief of the division of 9,220
natural areas and preserves WILDLIFE shall seize any ginseng 9,222
harvested or acquired in violation of any provision of sections 9,223
1518.20 1533.86 to 1518.27 1533.90 of the Revised Code or rules 9,225
adopted under PURSUANT TO section 1518.22 1533.88 of the Revised 9,226
Code. Ginseng so seized is forfeited to the state, to be 9,227
disposed of as directed by the chief.
Sec. 1518.27 1533.90. Unless otherwise directed by the 9,236
director of natural resources, all fee FEES, fines, penalties, 9,237
and forfeitures arising from prosecutions, convictions, 9,238
confiscations, or other actions taken under sections 1518.20 9,239
1533.86 to 1518.27 1533.90 of the Revised Code shall be paid into 9,240
the state treasury to the credit of the ginseng management 9,241
program WILDLIFE fund, which is hereby created UNDER SECTION 9,243
1531.17 OF THE REVISED CODE, to be used for the administration of 9,244
sections 1518.20 1533.86 to 1518.27 1533.90 of the Revised Code. 9,245
Sec. 1533.99. (A) Whoever violates section 1533.17 of the 9,254
212
Revised Code is guilty of a misdemeanor of the third degree on a 9,256
first offense and a misdemeanor of the second degree on each
subsequent offense. In addition to any other sanction imposed 9,257
under this division, on a second or subsequent offense occurring 9,259
within a period of three consecutive years after the date of 9,260
conviction of the immediately preceding violation of that section 9,261
any firearms or other hunting implements in the possession or 9,263
under the control of the offender at the time of the violation 9,264
are subject to seizure in accordance with section 1531.20 of the 9,265
Revised Code. If the offender persists in the offense after 9,266
reasonable warning or request to desist, the offender is guilty 9,267
of a misdemeanor of the second degree. 9,268
(B) Whoever violates section 1533.161, 1533.23, 1533.24, 9,270
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 9,271
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 9,272
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 9,273
1533.80, division (F) of section 1533.731, or division (B) or (C) 9,274
of section 1533.97 of the Revised Code is guilty of a misdemeanor 9,276
of the third degree.
(C) Whoever violates division (B) of section 1533.03, 9,278
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 9,279
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 9,280
1533.721, 1533.881, OR 1533.882, division (B)(2) or (3) of 9,281
section 1533.731, or division (A) of section 1533.97 of the 9,283
Revised Code is guilty of a misdemeanor of the first degree. 9,284
(D) Whoever violates division (D) of section 1533.97 of 9,286
the Revised Code is guilty of a misdemeanor of the fourth degree. 9,287
The court shall require any person who is convicted of or pleads 9,288
guilty to the offense to refund to all participants in the 9,289
fishing tournament operated by the person any entry fees paid by 9,290
the participants. 9,291
(E) Whoever violates division (C) or (D) of section 9,293
1533.632 of the Revised Code is guilty of a felony of the fifth 9,294
degree.
213
(F) Whoever violates any section of this chapter for which 9,296
no penalty is otherwise provided is guilty of a misdemeanor of 9,297
the fourth degree. 9,298
(G) A court that imposes sentence for a violation of any 9,300
section of this chapter governing the holding, taking, or 9,301
possession of wild animals shall require the person who is 9,302
convicted of or pleads guilty to the offense, in addition to any 9,303
fine, term of imprisonment, seizure, and forfeiture imposed, to 9,304
make restitution for the minimum value of the wild animal or 9,305
animals illegally held, taken, or possessed as established under 9,306
section 1531.201 of the Revised Code. An officer who collects 9,307
moneys paid as restitution under this section shall pay those 9,308
moneys to the treasurer of state who shall deposit them in the 9,309
state treasury to the credit of the wildlife fund established 9,310
under section 1531.17 of the Revised Code. 9,311
Sec. 1541.03. All lands and waters dedicated and set apart 9,320
for state park purposes shall be under the control and management 9,321
of the division of parks and recreation, which shall protect, 9,322
maintain, and keep them in repair. The division shall have the 9,323
following powers over all such lands and waters: 9,324
(A) To make alterations and improvements; 9,326
(B) To construct and maintain dikes, wharves, landings, 9,328
docks, dams, and other works; 9,329
(C) To construct and maintain such roads and drives in, 9,331
around, upon, and to such THE lands and waters as shall TO make 9,333
them conveniently accessible and useful to the public;
(D) To adopt, rescind AMEND, and amend RESCIND, in 9,336
accordance with sections 119.01 to 119.13 CHAPTER 119. of the 9,337
Revised Code, rules necessary for the proper management of state 9,338
parks, bodies of water, and the lands adjacent thereto TO THEM 9,339
under its jurisdiction and control, including the following:
(1) Governing opening and closing times and dates of such 9,341
THE parks; 9,342
(2) Establishing fees and charges for admission to state 9,344
214
parks and for use of facilities therein IN THEM; 9,345
(3) Governing camps, camping, and fees therefor FOR CAMPS 9,347
AND CAMPING; 9,348
(4) Governing the application for and rental of cabins, 9,350
rental fees therefor FOR, and the use of cabins; 9,351
(5) Relating to public use of state park lands, and 9,353
governing THE operation of motor vehicles, including speeds, and 9,354
parking, on such THOSE lands; 9,355
(6) Uniform rules governing GOVERNING all advertising 9,357
within state parks and the requirements for the operation of 9,358
places selling tangible personal property and control of food 9,359
service sales on lands and waters under the control of the 9,360
division, WHICH RULES SHALL ESTABLISH UNIFORM REQUIREMENTS; 9,361
(7) Providing uniform standards relating to THE size, 9,363
type, location, construction, and maintenance of structures and 9,364
devices used for fishing or moorage of watercraft, rowboats, 9,365
sailboats, and powercraft, as those terms are defined in section 9,366
1547.01 of the Revised Code, over waters under the control of the 9,367
division and establishing reasonable fees for THE construction of 9,368
and annual use permits for those structures and devices; 9,369
(8) Governing state beaches, swimming, inflatable devices, 9,371
and fees therefor FOR THEM; 9,372
(9) Governing THE removal and disposition of any 9,374
watercraft, rowboat, sailboat, or powercraft, as those terms are 9,375
defined in section 1547.01 of the Revised Code, left unattended 9,376
for more than seven days on any lands or waters under the control 9,377
of the division; 9,378
(10) GOVERNING THE ESTABLISHMENT AND COLLECTION OF CHECK 9,380
COLLECTION CHARGES FOR CHECKS THAT ARE RETURNED TO THE DIVISION 9,381
OR DISHONORED FOR ANY REASON. 9,382
Every resident of this state with a disability that has 9,384
been determined by the veterans administration to be permanently 9,385
and totally disabling, who receives a pension or compensation 9,386
from the veterans administration, and who received an honorable 9,387
215
discharge from the armed forces of the United States, and every 9,388
veteran to whom the registrar of motor vehicles has issued a set 9,389
of license plates under section 4503.101 4503.41 of the Revised 9,391
Code, shall be exempt from the fees for camping, provided THAT
the resident or veteran carries in the state park such evidence 9,392
of his THE RESIDENT'S OR VETERAN'S disability as the chief of the 9,393
division of parks and recreation prescribes by rule. 9,394
Every resident of this state who is sixty-five years of age 9,396
or older or who is permanently and totally disabled and who 9,397
furnishes evidence of such THAT age or disability in a manner 9,398
prescribed by division rule shall be charged one-half of the 9,399
regular fee for camping, except on the week-ends WEEKENDS and 9,400
holidays designated by the division. No such SUCH A person shall 9,402
NOT be charged more than ninety per cent of the regular charges 9,403
for state recreational facilities, equipment, services, and food 9,404
service operations utilized by him THE PERSON at any time of 9,405
year, whether maintained or operated by the state or leased for 9,406
operation by another entity. 9,407
As used in this section, "food service operations" means 9,409
restaurants which THAT are owned by the department of natural 9,410
resources at Hocking Hills, Lake Hope, Malabar Farm, and Rocky 9,411
Fork state parks, or are part of a state park lodge. It "FOOD 9,413
SERVICE OPERATIONS" does not include automatic vending machines, 9,414
concession stands, or snack bars.
As used in this section, "prisoner of war" means any 9,416
regularly appointed, enrolled, enlisted, or inducted member of 9,417
the military forces of the United States who was captured, 9,418
separated, and incarcerated by an enemy of the United States. Any 9,420
person who has been a prisoner of war, was honorably discharged 9,421
from the military forces, and is a resident of this state is 9,422
exempt from the fees for camping. To claim this exemption, the 9,423
person shall present written evidence in the form of a record of 9,424
separation, a letter from one of the military forces of the 9,425
United States, or such other evidence as the chief prescribes by 9,426
216
rule that satisfies the eligibility criteria established by this 9,427
section for this exemption.
Sec. 1541.10. Any person selected by the chief of the 9,436
division of parks and recreation for custodial or patrol service 9,437
on the lands and waters operated or administered by the division 9,438
OF PARKS AND RECREATION shall be employed in conformity with the 9,439
law applicable to the classified civil service of the state. 9,441
Subject to section 1541.11 of the Revised Code, the chief may 9,442
designate that person as a park officer. A park officer has, on 9,444
any lands and waters owned, controlled, maintained, or
administered by the department of natural resources and on 9,445
roadways HIGHWAYS, AS DEFINED IN SECTION 4511.01 OF THE REVISED 9,446
CODE, adjacent to lands and waters owned, controlled, maintained, 9,448
or administered by the division of parks and recreation, HAS the 9,449
authority vested in police officers SPECIFIED under section 9,450
2935.03 of the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT 9,451
OF NATURAL RESOURCES to keep the peace, to enforce all laws and 9,452
all rules governing those lands and waters, and to make arrests 9,453
for violation of those laws and rules, provided that such THE 9,454
authority shall be exercised on lands or waters administered by
another division of the department only pursuant to an agreement 9,455
with the chief of that division or to a request for assistance by 9,456
an enforcement officer of that division in an emergency. A park 9,457
officer, in or along any watercourse within, abutting, or 9,458
upstream from the boundary of any area administered by the 9,459
department, has the authority to enforce section 3767.32 of the 9,460
Revised Code and any other laws prohibiting the dumping of refuse 9,461
into or along waters and to make arrests for violation of those 9,462
laws. The jurisdiction of park officers shall be concurrent with 9,463
that of the peace officers of the county, township, or municipal 9,464
corporation in which the violation occurs. A state park, for 9,465
purposes of this section, is any area that is administered as a 9,466
state park by the division of parks and recreation. 9,467
The governor, upon the recommendation of the chief, shall 9,469
217
issue to each park officer a commission indicating authority to 9,470
make arrests as provided in this section. 9,471
The chief shall furnish a suitable badge to each 9,473
commissioned park officer as evidence of that park officer's 9,474
authority. 9,475
If any person employed under this section is designated by 9,477
the chief to act as an agent of the state in the collection of 9,478
money MONEYS resulting from the sale of licenses, fees of any 9,479
nature, or other moneys belonging to the state, the chief shall 9,480
require a surety bond from that person in an amount not less than 9,481
one thousand dollars. 9,482
A park officer may render assistance to a state or local 9,484
law enforcement officer at the request of that officer or may 9,485
render assistance to a state or local law enforcement officer in 9,486
the event of an emergency. 9,487
Park officers serving outside the division of parks and 9,489
recreation under this section or serving under the terms of a 9,490
mutual aid compact authorized under section 1501.02 of the 9,491
Revised Code shall be considered as performing services within 9,492
their regular employment for the purposes of compensation, 9,493
pension or indemnity fund rights, workers' compensation, and 9,494
other rights or benefits to which they may be entitled as 9,495
incidents of their regular employment. 9,496
Park officers serving outside the division of parks and 9,498
recreation under this section or under a mutual aid compact 9,499
retain personal immunity from civil liability as specified in 9,500
section 9.86 of the Revised Code and shall not be considered an 9,501
employee of a political subdivision for purposes of Chapter 2744. 9,502
of the Revised Code. A political subdivision that uses park 9,503
officers under this section or under the terms of a mutual aid 9,504
compact authorized under section 1501.02 of the Revised Code is 9,505
not subject to civil liability under Chapter 2744. of the Revised 9,506
Code as the result of any action or omission of any park officer 9,507
acting under this section or under a mutual aid compact. 9,508
218
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25, 9,517
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 9,518
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the 9,519
Revised Code, "watercraft" means any of the following when used 9,520
or capable of being used for transportation on the water: 9,521
(1) A boat VESSEL operated by machinery either permanently 9,523
or temporarily affixed; 9,524
(2) A sailboat other than a sailboard; 9,526
(3) An inflatable, manually propelled boat having a hull 9,528
identification number meeting the requirements of the United 9,529
States coast guard; 9,530
(4) A canoe or row boat ROWBOAT. 9,532
"Watercraft" does not include ferries as referred to in 9,534
Chapter 4583. of the Revised Code. 9,535
Watercraft subject to section 1547.54 of the Revised Code 9,537
shall be divided into five classes as follows: 9,538
Class A: Less than sixteen feet in length; 9,540
Class 1: At least sixteen feet, but less than twenty-six 9,542
feet in length; 9,543
Class 2: At least twenty-six feet, but less than forty 9,545
feet in length; 9,546
Class 3: At least forty feet, but less than sixty-five 9,549
feet in length; 9,550
Class 4: At least sixty-five feet in length. 9,552
(B) As used in this chapter: 9,554
(1) "Vessel" includes every description of watercraft, 9,556
including nondisplacement craft and seaplanes, used or capable of 9,557
being used as a means of transportation on water. 9,558
(2) "Rowboat" means any vessel designed to be rowed and 9,560
that is propelled by human muscular effort by oars or paddles and 9,563
upon which no mechanical propulsion device, electric motor,
internal combustion engine, or sail has been affixed or is used 9,564
for the operation of the vessel. 9,565
(3) "Sailboat" means any vessel, equipped with mast and 9,567
219
sails, dependent upon the wind to propel it in the normal course 9,568
of operation. 9,569
(a) Any sailboat equipped with an inboard engine is deemed 9,571
a powercraft with auxiliary sail. 9,572
(b) Any sailboat equipped with A detachable motor is 9,574
deemed a sailboat with auxiliary power. 9,575
(c) Any sailboat being propelled by mechanical power, 9,577
whether under sail or not, is deemed a powercraft and subject to 9,578
all laws and rules governing powercraft operation. 9,579
(4) "Powercraft" means any vessel propelled by machinery, 9,581
fuel, rockets, or similar device. 9,582
(5) "Person" includes any legal entity defined as a person 9,584
in section 1.59 of the Revised Code and any body politic, except 9,585
the United States and this state, and includes any agent, 9,586
trustee, executor, receiver, assignee, or other representative 9,587
thereof.
(6) "Owner" includes any person who claims lawful 9,589
possession of a vessel by virtue of legal title or equitable 9,590
interest therein that entitled the person to that possession. 9,592
(7) "Operator" includes any person who navigates or has 9,594
under the person's control a vessel, or vessel and detachable 9,596
motor, on the waters in this state. 9,597
(8) "Visible" means visible on a dark night with clear 9,599
atmosphere. 9,600
(9) "Waters in this state" means all streams, rivers, 9,602
lakes, ponds, marshes, watercourses, waterways, and other bodies 9,604
of water, natural or humanmade, that are situated wholly or 9,606
partially within this state or within its jurisdiction and are 9,607
used for recreational boating.
(10) "Navigable waters" means waters that come under the 9,609
jurisdiction of the department of the army of the United States 9,610
and any waterways within or adjacent to this state, except inland 9,611
lakes having neither a navigable inlet nor outlet. 9,612
(11) "In operation" in reference to a vessel means that 9,614
220
the vessel is being navigated or otherwise used on the waters in 9,616
this state. 9,617
(12) "Sewage" means human body wastes and the wastes from 9,619
toilets and other receptacles intended to receive or retain body 9,620
waste. 9,621
(13) "Canoe" means a narrow vessel of shallow draft, 9,623
pointed at both ends and propelled by human muscular effort, and 9,624
includes kayaks. 9,625
(14) "Coast guard approved" means bearing an approval 9,627
number assigned by the United States coast guard. 9,628
(15) "Type one personal flotation device" means a device 9,630
that is designed to turn an unconscious person floating in water 9,632
from a face downward position to a vertical or slightly face 9,633
upward position and that has at least nine kilograms, 9,635
approximately twenty pounds, of buoyancy. 9,636
(16) "Type two personal flotation device" means a device 9,638
that is designed to turn an unconscious person in the water from 9,640
a face downward position to a vertical or slightly face upward 9,641
position and that has at least seven kilograms, approximately 9,643
fifteen and four-tenths pounds, of buoyancy. 9,644
(17) "Type three personal flotation device" means a device 9,646
that is designed to keep a conscious person in a vertical or 9,648
slightly face upward position and that has at least seven 9,650
kilograms, approximately fifteen and four-tenths pounds, of 9,651
buoyancy. 9,652
(18) "Type four personal flotation device" means a device 9,654
that is designed to be thrown to a person in the water and not 9,656
worn and that has at least seven and five-tenths kilograms, 9,659
approximately sixteen and five-tenths pounds, of buoyancy. 9,660
(19) "Type five personal flotation device" means a device 9,663
that, unlike other personal flotation devices, has limitations on 9,664
its approval by the United States coast guard, including, without 9,665
limitation, all of the following: 9,666
(a) The approval label on the type five personal flotation 9,668
221
device indicates that the device is approved for the activity in 9,669
which the vessel is being used or as a substitute for a personal 9,670
flotation device of the type required on the vessel in use; 9,671
(b) The personal flotation device is used in accordance 9,673
with any requirements on the approval label; 9,674
(c) The personal flotation device is used in accordance 9,676
with requirements in its owner's manual if the approval label 9,677
refers to such a manual. 9,678
(20) "Inflatable watercraft" means any vessel constructed 9,680
of rubber, canvas, or other material that is designed to be 9,682
inflated with any gaseous substance, constructed with two or more 9,683
air cells, and operated as a vessel. Inflatable watercraft 9,684
propelled by a motor shall be classified as powercraft and shall 9,685
be registered by length. 9,686
(21) "Idle speed" means the slowest possible speed needed 9,688
to maintain steerage or maneuverability. 9,689
(22) "Diver's flag" means a red flag not less than one 9,691
foot square having a diagonal white stripe extending from the 9,692
masthead to the opposite lower corner that when displayed 9,693
indicates that divers are in the water. 9,694
(23) "Muffler" means an acoustical suppression device or 9,697
system that is designed and installed to abate the sound of 9,698
exhaust gases emitted from an internal combustion engine and that 9,699
prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law 9,701
enforcement and under the command of a law enforcement officer. 9,702
(25) "Personal watercraft" means a vessel, less than 9,704
sixteen feet in length, that is propelled by machinery and 9,705
designed to be operated by an individual sitting, standing, or 9,706
kneeling on the vessel rather than by an individual sitting or 9,707
standing inside the vessel.
(26) "No wake" has the same meaning as "idle speed." 9,709
(C) Unless otherwise provided, this chapter applies to all 9,711
vessels operating on the waters in this state. Nothing in this 9,712
222
chapter shall be construed in contravention of any valid federal 9,713
act or rule REGULATION, but is in addition to the act or rule 9,715
REGULATION where not inconsistent.
The state reserves to itself the exclusive right to 9,717
regulate the minimum equipment requirements of watercraft and 9,718
vessels operated on the waters in this state. 9,719
Sec. 1547.03. No person shall install or use any 9,728
intermittently flashing light of any type or color on any vessel 9,729
in use or operation on the waters in this state, except that such 9,730
flashing lights may be installed and used in an emergency to 9,731
attract attention to such an emergency for aid and relief of the 9,732
distressed, and except that a blue revolving or flashing
horizontal beam located at any effective point on the vessel may 9,733
be displayed by authorized patrol boats when engaged in law 9,734
enforcement duties day or night on waters in this state IN 9,735
ACCORDANCE WITH FEDERAL LAW.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,737
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,738
Sec. 1547.04. No person, except an authorized watercraft 9,747
representative of the federal government, the state, or any of 9,748
its political subdivisions shall use or operate a siren on the 9,749
waters in this state except for emergency purposes. 9,750
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,752
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,753
Sec. 1547.08. (A) No person shall operate a vessel within 9,761
or through a designated bathing area or within or through any 9,762
area that has been buoyed off designating it as an area in which 9,763
vessels are prohibited. 9,764
(B)(1) No person shall operate a vessel at greater than 9,766
idle speed or at a speed that creates a wake within three hundred 9,767
feet of any marina, boat docking facility, boat gasoline dock, 9,768
launch ramp, recreational boat harbor, or harbor entrance, or 9,769
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 9,770
within any water between the Dan Beard bridge and the Brent 9,771
223
Spence bridge on the Ohio river for any vessel not documented by 9,772
the United States coast guard as commercial, or within any area 9,773
buoyed or marked as a no wake area.
(2) Division (B)(1) of this section does not apply in any 9,776
of the following places:
(a) The Muskingum river UNLESS THE RIVER IS MARKED BY A 9,778
BUOY OR SIGN AS A NO WAKE OR IDLE SPEED AREA; 9,779
(b) Any other area designated by the chief of the division 9,782
of watercraft unless it is marked by a buoy or sign as a no wake 9,783
or idle speed area;
(c) Within any water between the Dan Beard bridge and the 9,786
Brent Spence bridge on the Ohio river when the United States 9,787
coast guard has authorized the holding of a special event of a 9,788
community nature on that water.
(C) No person shall operate a vessel in any area of 9,790
restricted or controlled operation in violation of the designated 9,791
restriction. 9,792
(D) No person shall operate a vessel within three hundred 9,794
feet of an official diver's flag unless he THE PERSON is 9,795
tendering the diving operation. 9,796
(E) All areas of restricted or controlled operation as 9,798
described in division (A) of this section or as provided for in 9,799
section 1547.14 or 1547.61 of the Revised Code shall be marked by 9,800
a buoy or sign designating the restriction. All waters 9,801
surrounded by or lying between such a buoy or sign and the 9,802
closest shoreline are thereby designated as an area in which the 9,803
designated restrictions shall apply in the operation of any 9,804
vessel. 9,805
Markings on buoys designating areas of restricted or 9,807
controlled operation shall be so spaced as to show all around the 9,808
horizon. Lineal spacing between the buoys shall be such that 9,809
under normal conditions of visibility any buoy shall be readily 9,810
visible from the next adjacent buoy. No colors or symbols, 9,811
except as provided for in rules of the chief, shall be used on 9,812
224
buoys or signs for marking closed or controlled areas of boating 9,814
waters.
Any state department, conservancy district, or political 9,816
subdivision having jurisdiction and control of impounded boating 9,817
waters may place such buoys or signs on its waters. Any 9,818
political subdivision may apply to the chief for permission to 9,819
place such buoys or signs on other waters within its territorial 9,822
limits. No person shall place or cause to be placed a regulatory 9,824
buoy or sign on, into, or along the waters in this state unless 9,826
the person has complied with all the provisions of this chapter. 9,827
(F) NO PERSON SHALL PERMIT ANY VESSEL TO BE OPERATED ON 9,829
THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,830
Sec. 1547.09. No person shall moor or anchor any vessel in 9,839
a designated speed zone or water ski zone. No person, unless in 9,840
distress and no other vessel is endangered thereby, shall moor 9,841
to, anchor to, or tie up to any marker, aid, buoy, light, or 9,842
other aid to navigation.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 9,844
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 9,845
Sec. 1547.111. (A) Any person who operates a vessel or 9,854
uses any water skis, aquaplane, or similar device upon any waters 9,855
in this state shall be deemed to have given consent to a chemical 9,856
test or tests of his THE PERSON'S blood, breath, or urine for the 9,858
purpose of determining its alcohol or drug of abuse content if
arrested for the offense of operating a vessel or using any water 9,860
skis, aquaplane, or similar device in violation of section 9,861
1547.11 of the Revised Code. The test or tests shall be 9,862
administered at the direction of a law enforcement officer having 9,863
reasonable grounds to believe the person to have been operating a 9,864
vessel or using any water skis, aquaplane, or similar device in 9,865
violation of section 1547.11 of the Revised Code. The law 9,866
enforcement agency by which the officer is employed shall 9,867
designate which of the tests shall be administered. 9,868
(B) Any person who is dead, unconscious, or who is 9,870
225
otherwise in a condition rendering him THE PERSON incapable of 9,871
refusal shall be deemed not to have withdrawn consent provided by 9,873
division (A) of this section and the test or tests may be 9,874
administered, subject to sections 313.12 to 313.16 of the Revised 9,875
Code.
(C) Any person under arrest for the offense of operating a 9,877
vessel or using any water skis, aquaplane, or similar device in 9,878
violation of section 1547.11 of the Revised Code shall be advised 9,879
of the consequences of his refusal REFUSING to submit to a 9,880
chemical test designated by the law enforcement agency as 9,882
provided in division (A) of this section. The advice shall be in 9,883
a written form prescribed by the chief of the division of 9,884
watercraft and shall be read to the person. The form shall 9,885
contain a statement that the form was shown to the person under 9,886
arrest and read to him THE PERSON in the presence of the 9,887
arresting officer and either another law enforcement officer, A 9,888
civilian law enforcement employee, or an employee of a hospital, 9,889
first-aid station, or clinic, if any, to which the person has 9,890
been taken for first-aid or medical treatment. The witnesses 9,891
shall certify to this fact by signing the form. 9,892
(D) If a person under arrest for the offense of operating 9,894
a vessel or using any water skis, aquaplane, or similar device in 9,895
violation of section 1547.11 of the Revised Code refuses upon the 9,896
request of a law enforcement officer to submit to a chemical test 9,897
designated by the law enforcement agency as provided in division 9,898
(A) of this section, after first having been advised of the 9,899
consequences of his THE refusal as provided in division (C) of 9,900
this section, no chemical test shall be given, but the chief of 9,901
the division of watercraft, upon receipt of a sworn statement of 9,902
the law enforcement officer that he THE LAW ENFORCEMENT OFFICER 9,903
had reasonable grounds to believe the arrested person had been 9,904
operating a vessel or using any water skis, aquaplane, or similar 9,905
device while under the influence of alcohol or a drug of abuse, 9,906
UNDER the combined influence of alcohol and a drug of abuse, or 9,907
226
with a prohibited concentration of alcohol in his THE PERSON'S 9,908
blood, urine, or breath, and that the person refused to submit to 9,909
the chemical test upon the request of the law enforcement 9,910
officer, and upon receipt of the form as provided in division (C) 9,911
of this section certifying that the arrested person was advised 9,912
of the consequences of his THE refusal, shall inform the person 9,913
by written notice that he THE PERSON is prohibited from operating 9,915
a vessel or using any water skis, aquaplane, or similar device, 9,916
and is prohibited from registering any watercraft in accordance 9,917
with section 1547.54 of the Revised Code, for one year following 9,918
the date of the alleged violation of section 1547.11 of the 9,919
Revised Code. The suspension of these operation, use, and 9,920
registration privileges shall continue for the entire one-year 9,921
period, subject to review as provided in this section. 9,922
If the person under arrest is the owner of the vessel 9,924
involved in the alleged violation, the LAW ENFORCEMENT OFFICER 9,926
WHO ARRESTED THE PERSON SHALL SEIZE THE WATERCRAFT REGISTRATION 9,927
CERTIFICATE AND TAGS FROM THE VESSEL INVOLVED IN THE VIOLATION 9,928
AND FORWARD THEM TO THE CHIEF. THE chief of the division of 9,930
watercraft, in addition to informing him THE PERSON by written 9,932
notice that he THE PERSON is prohibited from operating a vessel 9,933
or using any water skis, aquaplane, or similar device, and from 9,935
registering any watercraft in accordance with section 1547.54 of 9,936
the Revised Code, for one year following the date of the alleged 9,937
violation, shall RETAIN THE IMPOUNDED REGISTRATION CERTIFICATE 9,938
AND TAGS, AND SHALL impound the ALL OTHER registration 9,939
certificate CERTIFICATES and tags issued to the person in 9,940
accordance with sections 1547.54 and 1547.57 of the Revised Code, 9,941
for a period of one year following the date of the alleged 9,942
violation. The registration certificate and tags may be 9,943
impounded on the date of the alleged violation and such 9,944
impoundment shall continue for the entire one-year period, 9,945
subject to review as provided in this section. 9,946
IF THE ARRESTED PERSON FAILS TO SURRENDER THE REGISTRATION 9,949
227
CERTIFICATE BECAUSE IT IS NOT ON THE PERSON OF THE ARRESTED 9,950
PERSON OR IN THE WATERCRAFT, THE LAW ENFORCEMENT OFFICER WHO MADE 9,951
THE ARREST SHALL ORDER THE PERSON TO SURRENDER IT WITHIN 9,952
TWENTY-FOUR HOURS TO THE LAW ENFORCEMENT OFFICER OR THE LAW 9,953
ENFORCEMENT AGENCY THAT EMPLOYS THE LAW ENFORCEMENT OFFICER. IF 9,955
THE PERSON FAILS TO DO SO, THE LAW ENFORCEMENT OFFICER SHALL 9,956
NOTIFY THE CHIEF OF THAT FACT IN THE STATEMENT THE OFFICER 9,957
SUBMITS TO THE CHIEF UNDER THIS DIVISION.
(E) Upon suspending a person's operation, use, and 9,959
registration privileges in accordance with division (D) of this 9,960
section, the chief of the division of watercraft shall notify the 9,961
person in writing, at his THE PERSON'S last known address, and 9,962
inform him THE PERSON that he THE PERSON may petition for a 9,964
hearing in accordance with division (F) of this section. If a
person whose operation, use, and registration privileges have 9,965
been suspended petitions for a hearing or appeals any decision 9,966
that is adverse to him THE PERSON, the suspension of privileges 9,967
shall begin at the termination of any hearing or appeal unless 9,968
the hearing or appeal resulted in a decision favorable to the 9,969
person. 9,970
(F) Any person who has been notified by the chief of the 9,972
division of watercraft that he THE PERSON is prohibited from 9,973
operating a vessel or using any water skis, aquaplane, or similar 9,974
device, and from registering any watercraft in accordance with 9,976
section 1547.54 of the Revised Code, or who has had the 9,977
registration certificate and tags of his THE PERSON'S watercraft 9,978
impounded pursuant to division (D) of this section, may, within 9,980
twenty days of the notification or impoundment, MAY file a 9,981
petition in the municipal court or the county court, or in case 9,982
IF the person is a minor in juvenile court, in whose jurisdiction 9,984
the arrest occurred, agreeing to pay the cost of the proceedings 9,985
and alleging error in the action taken by the chief of the 9,986
division of watercraft under division (D) of this section or 9,987
alleging one or more of the matters within the scope of the 9,988
228
hearing as provided in this section, or both. The petitioner 9,989
shall notify the chief of the division of watercraft of the 9,990
filing of the petition and send him THE CHIEF a copy of the 9,991
petition.
The scope of the hearing is limited to the issues of 9,993
whether the law enforcement officer had reasonable grounds to 9,994
believe the petitioner was operating a vessel or using any water 9,995
skis, aquaplane, or similar device while under the influence of 9,996
alcohol or a drug of abuse, UNDER the combined influence of 9,997
alcohol and a drug of abuse, or with a prohibited concentration 9,998
of alcohol or a drug of abuse in his THE PERSON'S blood, urine, 9,999
or breath, whether the petitioner was placed under arrest, 10,001
whether the petitioner refused to submit to the chemical test 10,002
upon request of the officer, and whether he THE PETITIONER was 10,003
advised of the consequences of his THE refusal. 10,004
(G)(1) The chief of the division of watercraft shall 10,006
furnish the court a copy of the affidavit as provided in division 10,007
(C) of this section and any other relevant information requested 10,008
by the court. 10,009
(2) In hearing the matter and in determining whether the 10,011
person has shown error in the decision taken by the chief of the 10,012
division of watercraft as provided in division (D) of this 10,013
section, the court shall decide the issue upon the relevant, 10,014
competent, and material evidence submitted by the chief of the 10,015
division of watercraft or the person whose operation, use, and 10,016
registration privileges have been suspended. 10,017
IN THE PROCEEDINGS, THE CHIEF SHALL BE REPRESENTED BY THE 10,020
PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PETITION IS FILED 10,021
IF THE PETITION IS FILED IN A COUNTY COURT OR JUVENILE COURT, 10,022
EXCEPT THAT IF THE ARREST OCCURRED WITHIN A CITY OR VILLAGE 10,023
WITHIN THE JURISDICTION OF THE COUNTY COURT IN WHICH THE PETITION 10,024
IS FILED, THE CITY DIRECTOR OF LAW OR VILLAGE SOLICITOR OF THAT 10,025
CITY OR VILLAGE SHALL REPRESENT THE CHIEF. IF THE PETITION IS 10,026
FILED IN THE MUNICIPAL COURT, THE CHIEF SHALL BE REPRESENTED AS 10,027
229
PROVIDED IN SECTION 1901.34 OF THE REVISED CODE. 10,029
(3) If the court finds from the evidence submitted that 10,031
the person has failed to show error in the action taken by the 10,032
chief of the division of watercraft under division (D) of this 10,033
section or in one or more of the matters within the scope of the 10,034
hearing as provided in division (F) of this section, or both, 10,035
then the court shall assess the cost of the proceeding against 10,036
the person and shall uphold the suspension of the operation, use, 10,037
and registration privileges provided in division (D) of this 10,038
section. If the court finds that the person has shown error in 10,039
the action taken by the chief of the division of watercraft under 10,040
division (D) of this section or in one or more of the matters 10,041
within the scope of the hearing as provided in division (F) of 10,042
this section, or both, the cost of the proceedings shall be paid 10,043
out of the county treasury of the county in which the proceedings 10,044
were held, the operation, use, and registration privileges of the 10,045
person shall be reinstated without charge, and the registration 10,046
certificate and tags, if impounded, shall be returned without 10,047
charge. 10,048
(4) The court shall give information in writing of any 10,050
action taken under this section to the chief of the division of 10,051
watercraft. 10,052
(H) At the end of any period of suspension or impoundment 10,054
imposed under this section, and upon request of the person whose 10,055
operation, use, and registration privileges were suspended or 10,056
whose registration certificate and tags were impounded, the chief 10,057
of the division of watercraft shall reinstate the person's 10,058
operation, use, and registration privileges by written notice and 10,059
return the certificate and tags. 10,060
(I) No person who has received written notice from the 10,062
chief of the division of watercraft that he THE PERSON is 10,063
prohibited from operating a vessel or using any water skis, 10,064
aquaplane, or similar device, and from registering a watercraft, 10,066
or who has had the registration certificate and tags of his THE 10,067
230
PERSON'S watercraft impounded, in accordance with division (D) of 10,069
this section, shall operate a vessel or use any water skis, 10,070
aquaplane, or similar device for a period of one year following 10,071
the date of his THE PERSON'S alleged violation of section 1547.11 10,072
of the Revised Code.
Sec. 1547.12. No person shall operate any vessel if the 10,081
person is so mentally or physically incapacitated as to be unable 10,082
to operate the vessel in a safe and competent manner. 10,083
NO PERSON SHALL PERMIT ANY VESSEL TO BE OPERATED ON THE 10,085
WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,086
Sec. 1547.13. (A) No person shall fail to comply with any 10,095
lawful order or direction of any law enforcement officer having 10,096
authority to direct, control, or regulate the operation or use of 10,097
vessels.
(B) No person shall operate any vessel so as to purposely 10,099
elude or flee from a law enforcement officer after receiving a 10,100
visible or audible signal from a law enforcement officer to bring 10,101
the vessel to a stop.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,103
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,105
Sec. 1547.131. Upon the approach of a law enforcement 10,114
vessel with at least one blue flashing, rotating, or oscillating 10,115
light OF A COLOR CONFORMING WITH THE REQUIREMENTS OF FEDERAL LAW, 10,116
the operator of any vessel shall stop if followed or give way in 10,118
any crossing, head-on, or overtaking situation, and shall remain 10,119
in such THAT position until the law enforcement vessel has 10,121
passed, except when otherwise directed by a law enforcement
officer. If traffic conditions warrant, a siren or other sound 10,122
producing device also may be operated as an additional signaling 10,123
device. This section does not relieve the operator of any law 10,124
enforcement vessel from the duty to operate with due regard for 10,125
the safety of all persons and property on the waters in this
state.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,127
231
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,129
Sec. 1547.14. (A) Except on the waters of Lake Erie, the 10,138
Ohio River, and immediately connected harbors and anchorage 10,139
facilities, any person who rides or attempts to ride upon one or 10,140
more water skis, surfboard, or similar device, or who engages or 10,141
attempts to engage in barefoot skiing, and any person who
operates a vessel towing a person riding or attempting to ride on 10,142
one or more water skis, surfboard, or similar device, or engaging 10,143
or attempting to engage in barefoot skiing, shall confine that 10,144
activity to the water area within a designated ski zone on all 10,145
bodies of water whereon ON WHICH a ski zone has been established. 10,147
(B) On all bodies of water designated as "open zone," that 10,149
is, having a combined speed and ski zone, the activities 10,150
described in division (A) of this section shall be confined to 10,151
the open zone.
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,153
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,155
Sec. 1547.15. Any person who opeates OPERATES a vessel 10,164
towing any person riding or attempting to ride upon one or more 10,166
water skis, OR UPON A surfboard, or similar device, or engaging 10,169
or attempting to engage in barefoot skiing, on the waters in this
state shall have present in the vessel a person or persons other 10,170
than the operator, ten years of age or older, who shall at all 10,171
times observe the progress of the person being towed. The 10,172
operator of the towing vessel shall at all times observe the 10,173
traffic pattern toward which the vessel is approaching. 10,174
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,176
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,178
Sec. 1547.22. No occupant of any vessel underway on the 10,187
waters in this state shall sit, stand, or walk upon any portion 10,188
of the vessel not specifically designed for that movement, except 10,189
when immediately necessary for the safe and reasonable navigation 10,190
or operation of the vessel. No operator of a vessel under way on 10,191
the waters in this state shall allow any occupant of the vessel
232
to sit, stand, or walk on any portion of the vessel underway not 10,193
specifically designed for that use, except when immediately 10,194
necessary for the safe and reasonable navigation or operation of 10,196
the vessel.
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY VESSEL 10,198
ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,200
Sec. 1547.25. (A) No person shall operate or permit to be 10,209
operated any watercraft, OTHER THAN A COMMERCIAL VESSEL, on the 10,211
waters in this state:
(1) Sixteen THAT IS SIXTEEN feet or greater in length 10,213
without carrying aboard one type one, two, or three personal 10,215
flotation device for each person aboard and one type four 10,217
personal flotation device; 10,218
(2) Less THAT IS LESS than sixteen feet in length, 10,220
including canoes and kayaks of any length, without carrying 10,223
aboard one type one, two, or three personal flotation device for 10,225
each person aboard.
(B) A type five personal flotation device may be carried 10,228
in lieu of a type one, two, or three personal flotation device 10,230
required under division (A) of this section. 10,231
(C) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,233
COMMERCIAL VESSEL ON THE WATERS IN THIS STATE: 10,234
(1) THAT IS LESS THAN FORTY FEET IN LENGTH AND IS NOT 10,236
CARRYING PERSONS FOR HIRE WITHOUT CARRYING ABOARD AT LEAST ONE 10,237
TYPE ONE, TWO, OR THREE PERSONAL FLOTATION DEVICE FOR EACH PERSON 10,239
ABOARD;
(2) THAT IS CARRYING PERSONS FOR HIRE OR IS FORTY FEET IN 10,241
LENGTH OR LONGER AND IS NOT CARRYING PERSONS FOR HIRE WITHOUT 10,242
CARRYING ABOARD AT LEAST ONE TYPE ONE PERSONAL FLOTATION DEVICE 10,243
FOR EACH PERSON ABOARD; 10,244
(3) THAT IS TWENTY-SIX FEET IN LENGTH OR LONGER WITHOUT 10,246
CARRYING ABOARD AT LEAST ONE TYPE FOUR RING LIFE BUOY IN ADDITION 10,248
TO THE APPLICABLE REQUIREMENTS OF DIVISIONS (C)(1) AND (2) OF 10,249
THIS SECTION. 10,250
233
(D) Each personal flotation device carried aboard a 10,252
watercraft OR COMMERCIAL VESSEL pursuant to this section shall be 10,253
coast guard approved and in good and serviceable condition, of 10,255
appropriate size for the wearer, and readily accessible to each 10,256
person aboard the watercraft at all times. 10,257
(E) AS USED IN THIS SECTION, "COMMERCIAL VESSEL" MEANS ANY 10,259
VESSEL USED IN THE CARRIAGE OF ANY PERSON OR PROPERTY FOR A 10,260
VALUABLE CONSIDERATION WHETHER FLOWING DIRECTLY OR INDIRECTLY 10,261
FROM THE OWNER, PARTNER, OR AGENT OR ANY OTHER PERSON INTERESTED 10,262
IN THE VESSEL. "COMMERCIAL VESSEL" DOES NOT INCLUDE ANY VESSEL 10,263
THAT IS MANUFACTURED OR USED PRIMARILY FOR NONCOMMERCIAL USE OR 10,264
THAT IS LEASED, RENTED, OR CHARTERED TO ANOTHER FOR NONCOMMERCIAL
USE.
Sec. 1547.251. (A) No person shall operate on the waters 10,274
of Lake Erie or the immediately connecting bays, harbors, and 10,275
anchorage areas AT ANY TIME a vessel:
(1) Sixteen THAT IS SIXTEEN or more feet in length or any 10,277
vessel carrying six or fewer passengers for hire without carrying 10,279
coast guard approved visual distress signals for both day and 10,280
night use;
(2) Less than sixteen feet in length between sunset and 10,282
sunrise without carrying coast guard approved distress signals 10,283
for night use. 10,284
The distress signals required by this division shall be in 10,286
good and serviceable condition, readily accessible, and of the 10,287
type and quantities required by the "Federal Boat Safety Act of 10,288
1971," 85 Stat. 213, 46 U.S.C.A. 1451, as amended. 10,289
(B) NO PERSON SHALL OPERATE UPON THE WATERS OF LAKE ERIE 10,293
OR THE IMMEDIATELY CONNECTING BAYS, HARBORS, AND ANCHORAGE AREAS 10,294
DURING THE PERIOD FROM SUNSET TO SUNRISE ACCORDING TO LOCAL TIME 10,295
ANY OF THE FOLLOWING WITHOUT CARRYING COAST GUARD APPROVED VISUAL 10,296
DISTRESS SIGNALS FOR NIGHT USE: 10,297
(1) A VESSEL LESS THAN SIXTEEN FEET IN LENGTH; 10,299
(2) A VESSEL COMPETING IN AN ORGANIZED MARINE PARADE, 10,301
234
RACE, REGATTA, OR SIMILAR EVENT; 10,302
(3) A MANUALLY PROPELLED VESSEL; 10,304
(4) A SAILBOAT LESS THAN TWENTY-SIX FEET IN LENGTH WITH 10,306
COMPLETELY OPEN CONSTRUCTION AND WITHOUT PROPULSION MACHINERY. 10,308
(C) No person shall operate a vessel on the waters in this 10,311
state other than Lake Erie or the immediately connecting bays, 10,312
harbors, and anchorage AREAS unless the vessel carries either a
distress flag at least two feet square and international orange 10,313
in color or a coast guard approved daytime distress signal. 10,314
(C)(D) No person shall display any distress signal unless 10,316
a vessel or a person is in distress and in need of help. 10,317
(D)(E) Divisions (A) and (B)(C) of this section do not 10,320
apply to any of the following:
(1) Vessels competing in an organized marine parade, race, 10,322
regatta, or similar event; 10,323
(2) Manually propelled vessels; 10,325
(3) Sailboats less than twenty-six feet in length with 10,327
completely open construction and without propulsion machinery. 10,328
(F) THE DISTRESS SIGNALS REQUIRED BY THIS SECTION SHALL BE 10,330
IN GOOD AND SERVICEABLE CONDITION, READILY ACCESSIBLE, AND OF THE 10,331
TYPE AND QUANTITIES REQUIRED BY REGULATIONS ADOPTED UNDER 46 10,333
U.S.C. 4302, AS AMENDED.
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,335
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 10,336
Sec. 1547.26. All watercraft, except sailboats less than 10,345
sixteen feet long having a cockpit depth of less than twelve 10,346
inches and except canoes, shall carry an anchor and line of 10,347
sufficient weight and length to anchor the watercraft securely. 10,348
The chief may OF THE DIVISION OF WATERCRAFT, by rule, MAY exempt 10,349
other types of watercraft from this section if he determines 10,350
AFTER DETERMINING that carrying such AN anchor and line would 10,351
constitute a hazard. 10,352
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 10,354
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 10,356
235
SECTION.
Sec. 1547.30. (A) As used in this section and sections 10,365
1547.301, 1547.302, and 1547.304 of the Revised Code: 10,366
(1) "Vessel or outboard motor" excludes an abandoned junk 10,368
vessel or outboard motor, as defined in section 1547.303 of the 10,369
Revised Code, or any watercraft or outboard motor under section 10,370
4585.31 of the Revised Code. 10,371
(2) "Law enforcement agency" means any organization or 10,373
unit comprised of law enforcement officers, as defined in section 10,375
2901.01 of the Revised Code.
(B)(1) The sheriff of a county, chief of police of a 10,377
municipal corporation, township, or township police district, or 10,378
other chief of a law enforcement agency, within the sheriff's or 10,379
chief's respective territorial jurisdiction, upon complaint of 10,380
any person adversely affected, may order into storage any vessel 10,381
or outboard motor that has been left on private property, other 10,382
than a private dock or mooring facility or structure, for at 10,383
least seventy-two hours without the permission of the person 10,384
having the right to the possession of the property. The sheriff 10,385
or chief, upon complaint of the owner of a marine repair facility 10,386
or place of storage, may order into storage any vessel or 10,387
outboard motor that has been left at the facility or place of 10,388
storage for a longer period than that agreed upon. The place of 10,389
storage shall be designated by the sheriff or chief. When 10,390
ordering a vessel or motor into storage under division (B)(1) of 10,391
this section, a sheriff or chief, whenever possible, shall 10,393
arrange for the removal of the vessel or motor by a private tow 10,394
truck operator or towing company.
(2)(a) Except as provided in division (B)(2)(d) of this 10,397
section, no person, without the consent of the owner or other 10,398
person authorized to give consent, shall moor, anchor, or tie a 10,399
vessel OR OUTBOARD MOTOR at a private dock or mooring facility or 10,401
structure owned by another person if the owner has posted, in a 10,402
conspicuous manner, a prohibition against the mooring, anchoring,
236
or tying of vessels OR OUTBOARD MOTORS at the dock, facility, or 10,403
structure by any person not having the consent of the owner or 10,405
other person authorized to give consent.
(b) If the owner of a private dock or mooring facility or 10,407
structure has posted at the dock, facility, or structure, in a 10,408
conspicuous manner, conditions and regulations under which the 10,409
mooring, anchoring, or tying of vessels OR OUTBOARD MOTORS is 10,410
permitted at the dock, facility, or structure, no person, except 10,412
as provided in division (B)(2)(d) of this section, shall moor, 10,414
anchor, or tie a vessel OR OUTBOARD MOTOR at the dock, facility, 10,415
or structure in violation of the posted conditions and 10,416
regulations.
(c) The owner of a private dock or mooring facility or 10,418
structure may order towed into storage any vessel OR OUTBOARD 10,419
MOTOR found moored, anchored, or tied in violation of division 10,421
(B)(2)(a) or (b) of this section, provided that the owner of the 10,423
dock, facility, or structure posts on it a sign that states that 10,425
the dock, facility, or structure is private, is visible from all 10,426
entrances to the dock, facility, or structure, and contains all 10,427
of the following information:
(i) The information specified in division (B)(2)(a) or (b) 10,430
of this section, as applicable; 10,431
(ii) A notice that violators will be towed and that 10,433
violators are responsible for paying the cost of the towing; 10,434
(iii) The telephone number of the person from whom a towed 10,436
vessel OR OUTBOARD MOTOR may be recovered, and the address of the 10,437
place to which the vessel OR OUTBOARD MOTOR will be taken and the 10,439
place from which it may be recovered.
(d) Divisions (B)(2)(a) and (b) of this section do not 10,443
prohibit a person from mooring, anchoring, or tying a vessel OR 10,444
OUTBOARD MOTOR at a private dock or mooring facility or structure 10,445
if either of the following applies: 10,446
(i) The vessel OR OUTBOARD MOTOR is disabled due to a 10,448
mechanical or structural malfunction, provided that the person 10,450
237
immediately removes the vessel OR OUTBOARD MOTOR from the dock, 10,452
facility, or structure when the malfunction is corrected or when
a reasonable attempt has been made to correct it; 10,453
(ii) Weather conditions are creating an imminent threat to 10,455
safe operation of the vessel OR OUTBOARD MOTOR, provided that the 10,456
person immediately removes the vessel OR OUTBOARD MOTOR from the 10,458
dock, facility, or structure when the weather conditions permit 10,460
safe operation of the vessel OR OUTBOARD MOTOR.
(e) A person whose vessel OR OUTBOARD MOTOR is towed into 10,462
storage under division (B)(2)(c) of this section either shall pay 10,464
the costs of the towing of the vessel OR OUTBOARD MOTOR or shall 10,465
reimburse the owner of the dock or mooring facility or structure 10,467
for the costs that the owner incurs in towing the vessel OR 10,468
OUTBOARD MOTOR.
(3) Subject to division (C) of this section, the owner of 10,471
a vessel or motor that has been removed under division (B) of 10,472
this section may recover the vessel or motor only in accordance 10,474
with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor 10,476
that has been ordered into storage under division (B) of this 10,477
section arrives after the vessel or motor has been prepared for 10,478
removal, but prior to its actual removal from the property, the 10,479
owner or operator shall be given the opportunity to pay a fee of 10,480
not more than one-half of the charge for the removal of vessels 10,481
or motors under division (B) of this section that normally is 10,482
assessed by the person who has prepared the vessel or motor for 10,483
removal, in order to obtain release of the vessel or motor. Upon 10,484
payment of that fee, the vessel or motor shall be released to the 10,485
owner or operator, and upon its release, the owner or operator 10,486
immediately shall move it so that it is not on the private 10,487
property without the permission of the person having the right to 10,488
possession of the property, or is not at the facility or place of 10,489
storage without the permission of the owner, whichever is 10,490
applicable. 10,491
238
(D) Each county sheriff, each chief of police of a 10,493
municipal corporation, township, or township police district, and 10,494
each other chief of a law enforcement agency shall maintain a 10,495
record of vessels or outboard motors that are ordered into 10,497
storage under division (B)(1) of this section. The record shall
include an entry for each such vessel or motor that identifies 10,499
the vessel's hull identification number or serial number, if any, 10,500
the vessel's or motor's make, model, and color, the location from 10,501
which it was removed, the date and time of its removal, the 10,502
telephone number of the person from whom it may be recovered, and 10,503
the address of the place to which it has been taken and from 10,504
which it may be recovered. Any information in the record that 10,505
pertains to a particular vessel or motor shall be provided to any 10,506
person who, pursuant to a statement the person makes either in 10,507
person or by telephone, is identified as the owner or operator of 10,509
the vessel or motor and requests information pertaining to its
location. 10,510
(E) Any person who registers a complaint that is the basis 10,512
of a sheriff's or chief's order for the removal and storage of a 10,513
vessel or outboard motor under division (B)(1) of this section 10,514
shall provide the identity of the law enforcement agency with 10,515
which the complaint was registered to any person who, pursuant to 10,517
a statement the person makes, is identified as the owner or 10,518
operator of the vessel or motor and requests information 10,519
pertaining to its location.
(F)(1) The owner of a vessel or outboard motor that is 10,521
ordered into storage under division (B) of this section may 10,522
reclaim it upon payment of any expenses or charges incurred in 10,523
its removal, in an amount not to exceed two hundred dollars, and 10,524
storage, in an amount not to exceed five dollars per 10,525
twenty-four-hour period, and upon presentation of proof of 10,526
ownership, which may be evidenced by a certificate of title to 10,528
the vessel or motor, certificate of United States coast guard 10,529
documentation, or certificate of registration if the vessel or 10,530
239
motor is not subject to titling under section 1548.01 of the 10,531
Revised Code.
(2) If a vessel or outboard motor that is ordered into 10,534
storage under division (B)(1) of this section remains unclaimed 10,536
by the owner for thirty days, the procedures established by 10,537
sections 1547.301 and 1547.302 of the Revised Code shall apply. 10,538
(3) If a vessel or outboard motor ordered into storage 10,541
under division (B)(2) of this section remains unclaimed for
seventy-two hours after being stored, the tow truck operator or 10,543
towing company that removed the vessel or outboard motor shall 10,544
provide notice of the removal and storage to the sheriff of a
county, chief of police of a municipal corporation, township, or 10,545
township police district, or other chief of a law enforcement 10,546
agency within whose territorial jurisdiction the vessel or 10,547
outboard motor had been moored, anchored, or tied in violation of 10,548
division (B)(2) of this section. The notice shall be in writing 10,550
and include the vessel's hull identification number or serial
number, if any, the vessel's or outboard motor's make, model, and 10,551
color, the location from which it was removed, the date and time 10,552
of its removal, the telephone number of the person from whom it 10,553
may be recovered, and the address of the place to which it has 10,554
been taken and from which it may be recovered. 10,555
Upon receipt of the notice, the sheriff or chief 10,557
immediately shall cause a search to be made of the records of the 10,558
division of watercraft to ascertain the owner and any lienholder 10,559
of the vessel or outboard motor, and, if known, shall send notice 10,560
to the owner and lienholder, if any, at the owner's and
lienholder's last known address by certified mail, return receipt 10,561
requested, that the vessel or outboard motor will be declared a 10,562
nuisance and disposed of if not claimed not later than thirty 10,563
days after the date of the mailing of the notice. 10,564
If the owner or lienholder makes no claim to the vessel or 10,566
outboard motor within thirty days of the date of the mailing of 10,567
the notice, the sheriff or chief shall file with the clerk of 10,568
240
courts of the county in which the place of storage is located an 10,569
affidavit showing compliance with the requirements of division 10,570
(F)(3) of this section, and the vessel or outboard motor shall be 10,571
disposed of in accordance with section 1547.302 of the Revised 10,572
Code. 10,573
(G) No person shall remove, or cause the removal of, any 10,575
vessel or outboard motor from private property other than in 10,576
accordance with division (B) of this section or section 1547.301 10,577
of the Revised Code. 10,578
Sec. 1547.302. (A) Unclaimed vessels or outboard motors 10,587
ordered into storage under division (B) of section 1547.30 or 10,588
section 1547.301 of the Revised Code shall be disposed of at the 10,589
order of the sheriff of the county, the chief of police of the 10,590
municipal corporation, township, or township police district, or 10,591
other ANOTHER chief of a law enforcement agency to IN ANY OF THE 10,593
FOLLOWING WAYS:
(1) TO a marine salvage dealer or to; 10,596
(2) TO any other facility owned, operated, or under 10,598
contract with the state, or the county, municipal corporation, 10,599
township, or other political subdivision, or shall be sold; 10,600
(3) TO A CHARITABLE ORGANIZATION, RELIGIOUS ORGANIZATION, 10,602
OR SIMILAR ORGANIZATION NOT USED AND OPERATED FOR PROFIT; 10,603
(4) BY SALE at public auction by the sheriff, THE chief, 10,606
or an auctioneer licensed under Chapter 4707. of the Revised 10,607
Code, after giving notice thereof OF THE AUCTION by 10,608
advertisement, published once a week for two consecutive weeks in 10,610
a newspaper of general circulation in the county. Any 10,611
(B) ANY moneys accruing from the disposition of an 10,613
unclaimed vessel or motor that are in excess of the expenses 10,614
resulting from the removal and storage of the vessel or motor 10,615
shall be credited to the general revenue fund, or to the general 10,616
fund of the county, municipal corporation, township, or other 10,617
political subdivision, as appropriate. 10,618
(C) AS USED IN THIS SECTION, "CHARITABLE ORGANIZATION" HAS 10,620
241
THE SAME MEANING AS IN SECTION 1716.01 OF THE REVISED CODE. 10,621
Sec. 1547.31. No person shall operate OR PERMIT TO BE 10,630
OPERATED on the waters in this state any powercraft without a 10,632
muffler, underwater exhaust, or other device that muffles or 10,633
suppresses the sound of the exhaust at all speeds.
THIS VERSION OF SECTION 1547.31 OF THE REVISED CODE IS 10,635
EFFECTIVE UNTIL REPEALED BY AM. S. B. 295 OF THE 121st GENERAL 10,636
ASSEMBLY ON DECEMBER 31, 1999. 10,637
Sec. 1547.33. Except on the waters of Lake Erie, the 10,646
Muskingum River, or the Ohio River, no person shall launch, moor, 10,647
dock, use, or operate, OR PERMIT TO BE OPERATED on any of the 10,648
waters in this state any vessel that contains a sink, toilet, or 10,649
sanitary system that is capable of discharging urine, fecal 10,650
matter, contents of a chemical commode, kitchen wastes, laundry 10,651
wastes, slop sink drainage, or other household wastes into the 10,652
waters in this state. Such A sink, toilet, or sanitary system 10,654
shall be removed or, sealed, or made to drain into a tank or 10,655
reservoir that can be carried or pumped ashore for disposal in a 10,656
sewage treatment works approved by the director of environmental 10,657
protection.
Sec. 1547.39. (A) No person shall, after January 1, 1977, 10,666
SHALL manufacture, sell, or offer for sale any watercraft 10,667
propelled by machinery as its principal source of power, or 10,668
watercraft designed to be manually propelled, less than twenty 10,669
feet in length, and designed to carry two or more persons, 10,670
manufactured after that date, unless a capacity plate containing 10,671
the correct information, as prescribed by regulations adopted by 10,672
the United States coast guard, is firmly attached to the 10,673
watercraft,. THE CAPACITY PLATE SHALL BE ATTACHED in such A 10,674
location that the capacity plate IT is clearly legible from the 10,675
position designed or intended to be occupied by the operator when 10,676
THE WATERCRAFT IS underway. 10,677
(B) No person shall operate OR PERMIT TO BE OPERATED ON 10,679
THE WATERS IN THIS STATE watercraft for which a capacity plate is 10,681
242
required under this section unless the capacity plate is 10,682
attached.
(C) No person shall alter, remove, or deface any 10,684
information contained on the capacity plate unless the 10,685
manufacturer has altered the watercraft in such a way that would 10,686
require a change in the information contained on the capacity 10,687
plate. 10,688
(D) As used in this section, "manufacture" means to 10,690
construct or assemble a watercraft, or to alter a watercraft in 10,691
such a manner as to affect or change its weight capacity or 10,692
occupant capacity. 10,693
Sec. 1547.40. (A) No person shall operate OR PERMIT TO BE 10,702
OPERATED ON THE WATERS IN THIS STATE a watercraft to which a 10,704
capacity plate is attached, if the total load exceeds the weight 10,705
capacity indicated on the capacity plate, if the number of
persons aboard exceeds the occupant capacity indicated on the 10,706
capacity plate, or if the horsepower of any attached outboard 10,707
motor exceeds the maximum horsepower indicated on the capacity 10,708
plate. 10,709
(B) When no capacity plate exists, no person shall operate 10,711
OR PERMIT TO BE OPERATED ON THE WATERS IN THIS STATE a watercraft 10,712
if a reasonably prudent person would believe that either of the 10,714
following circumstances applies:
(1) The total load aboard the watercraft has associated 10,716
with it a risk of physical harm to persons or property; 10,717
(2) The total horsepower of any inboard engine or attached 10,719
outboard motor has associated with it a risk of physical harm to 10,720
persons or property. 10,721
Sec. 1547.52. (A) The division of watercraft shall be 10,730
administered by the chief of the division of watercraft. The 10,731
chief may adopt, amend, and rescind: 10,732
(1) Rules considered necessary by the chief to supplement 10,734
the identification, operation, titling, use, registration, and 10,735
numbering of watercraft or vessels as provided in this chapter 10,736
243
and Chapter 1548. of the Revised Code; 10,737
(2) Rules governing the navigation of vessels on waters in 10,739
this state, including, but not limited to, rules regarding 10,740
steering and sailing, the conduct of vessels in sight of one 10,741
another or in restricted visibility, lights and shapes of lights 10,742
used on vessels, and sound and light signals. As the chief 10,743
considers necessary, these navigational rules shall be consistent 10,744
with and equivalent to the rules REGULATIONS and interpretive 10,745
rulings governing inland waters adopted or issued under the 10,747
"Inland Navigational Rules Act of 1980," 94 Stat. 3415, 33 10,748
U.S.C.A. 151, 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073. 10,749
(3) RULES ESTABLISHING FEES AND CHARGES FOR ALL OF THE 10,752
FOLLOWING:
(a) BOATING SKILL DEVELOPMENT CLASSES AND OTHER 10,754
EDUCATIONAL CLASSES; 10,755
(b) LAW ENFORCEMENT SERVICES PROVIDED AT SPECIAL EVENTS 10,758
WHEN THE SERVICES ARE IN ADDITION TO NORMAL ENFORCEMENT DUTIES; 10,759
(c) INSPECTIONS OF VESSELS OR MOTORS CONDUCTED UNDER THIS 10,762
CHAPTER OR CHAPTER 1548. OF THE REVISED CODE. 10,764
All rules adopted by the chief under this division (A) OF 10,766
THIS SECTION shall be adopted in accordance with Chapter 119. of 10,768
the Revised Code, and shall be ARE subject to the prior approval 10,769
of the director of natural resources. 10,771
(B) The chief, with the approval of the director of 10,773
natural resources, may employ such clerical and technical help as 10,774
he THE CHIEF considers necessary. 10,775
(C) The chief may designate license agents with the 10,777
approval of the director of natural resources. 10,778
(D) The division is hereby designated as the agency to 10,780
administer the Ohio boating safety program and allocated federal 10,781
funds under, and the chief shall prepare and submit reports in 10,782
such form as may be required by, the "Federal Boat Safety Act of 10,783
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended. 10,784
(E) THE CHIEF MAY SELL ANY OF THE FOLLOWING: 10,787
244
(1) ITEMS RELATED TO OR THAT PROMOTE BOATING SAFETY, 10,790
INCLUDING, BUT NOT LIMITED TO, PINS, BADGES, BOOKS, BULLETINS, 10,791
MAPS, PUBLICATIONS, CALENDARS, AND OTHER EDUCATIONAL ARTICLES; 10,792
(2) ARTIFACTS PERTAINING TO BOATING; 10,794
(3) CONFISCATED OR FORFEITED ITEMS; 10,796
(4) SURPLUS EQUIPMENT. 10,798
Sec. 1547.521. (A) The law enforcement officers of the 10,807
division of watercraft shall be known as "state watercraft 10,808
officers." The chief of the division of watercraft and state 10,809
watercraft officers: 10,810
(1) Shall develop and conduct educational programs in 10,812
vessel safety, sanitation, and operation, and in other related 10,813
subjects which THAT the chief considers appropriate or necessary; 10,815
(2) Shall enforce this chapter and Chapter 1548. of the 10,817
Revised Code and rules adopted under them, and may enforce laws 10,818
prohibiting the dumping of refuse, trash, or litter into the 10,819
waters in this state and Chapters 2925. and 3719. of the Revised 10,820
Code on all waters in the state; 10,821
(3) Shall have, on ON any lands owned, controlled, 10,823
maintained, or administered by the department of natural 10,824
resources and on any waters in this state, SHALL HAVE the 10,825
authority vested in police officers SPECIFIED under section 10,826
2935.03 of the Revised Code FOR PEACE OFFICERS OF THE DEPARTMENT 10,828
OF NATURAL RESOURCES to keep the peace, to enforce all laws and 10,829
rules governing those lands and waters, and to make arrests for 10,830
violation of those laws and rules, provided that such THE 10,831
authority shall be exercised on lands or waters administered by 10,833
another division of the department only pursuant to an agreement 10,834
with the chief of that division or to a request for assistance by 10,835
an enforcement officer of that division in an emergency. The 10,836
jurisdiction of STATE watercraft officers shall be concurrent 10,837
with that of the peace officers of the county, township, or 10,838
municipal corporation in which the violation occurs. 10,839
(4) May, for FOR the purpose of enforcing the laws and 10,841
245
rules which THAT they have the authority to enforce, MAY stop, 10,842
board, and conduct a safety inspection of any vessel; 10,844
(5) May serve and execute any citation, summons, warrant, 10,846
or other process issued with respect to any law THAT they have 10,847
the authority to enforce. 10,848
(B) A state watercraft officer may render assistance to a 10,850
state or local law enforcement officer at the request of that 10,851
officer or may render assistance to a state or local law 10,852
enforcement officer in the event of an emergency. 10,853
Watercraft STATE WATERCRAFT officers serving outside the 10,855
division of watercraft under this section or serving under the 10,857
terms of a mutual aid compact authorized under section 1501.02 of 10,858
the Revised Code shall be considered as performing services 10,859
within their regular employment for the purposes of compensation, 10,860
pension or indemnity fund rights, workers' compensation, and 10,861
other rights or benefits to which they may be entitled as 10,862
incidents of their regular employment. 10,863
Watercraft STATE WATERCRAFT officers serving outside the 10,865
division of watercraft under this section or under a mutual aid 10,867
compact retain personal immunity from civil liability as 10,868
specified in section 9.86 of the Revised Code and shall not be 10,869
considered an employee of a political subdivision for purposes of 10,870
Chapter 2744. of the Revised Code. A political subdivision that 10,871
uses STATE watercraft officers under this section or under the 10,872
terms of a mutual aid compact authorized under section 1501.02 of 10,873
the Revised Code is not subject to civil liability under Chapter 10,874
2744. of the Revised Code as the result of any action or omission 10,875
of any STATE watercraft officer acting under this section or 10,876
under a mutual aid compact. 10,877
Sec. 1547.531. (A) No (1) EXCEPT AS PROVIDED IN DIVISION 10,886
(A)(2) OR (B) OF THIS SECTION, NO person shall operate or give 10,888
permission for the operation of any watercraft on the waters in 10,889
this state unless the watercraft is registered in the name of the 10,890
current owner in accordance with section 1547.54 of the Revised 10,891
246
Code, and the registration is valid and in effect. If 10,892
(2) ON AND AFTER JANUARY 1, 1999, IF a titled watercraft 10,895
or vessel documented by the United States coast guard THAT IS 10,896
REQUIRED TO BE ISSUED A CERTIFICATE OF TITLE UNDER CHAPTER 1548. 10,897
OF THE REVISED CODE is transferred to a new owner, it need not be 10,898
registered UNDER SECTION 1547.54 OF THE REVISED CODE for 10,899
forty-five days following the date of the transfer, provided that 10,900
the new owner PURCHASES A TEMPORARY WATERCRAFT REGISTRATION UNDER 10,901
DIVISION (A) OF THIS SECTION OR holds a bill of sale from a 10,902
watercraft dealer dated at the time of the transfer, a notarized 10,904
paper evidencing the transfer and dated at the time of the 10,905
transfer, or proof of application for transfer of documentation. 10,906
Watercraft FOR THE PURPOSES OF DIVISION (A)(2) OF THIS 10,910
SECTION, A TEMPORARY WATERCRAFT REGISTRATION OR A BILL OF SALE 10,911
FROM A WATERCRAFT DEALER SHALL CONTAIN AT LEAST ALL OF THE 10,912
FOLLOWING INFORMATION: 10,913
(a) THE HULL IDENTIFICATION NUMBER OR SERIAL NUMBER OF THE 10,915
WATERCRAFT; 10,916
(b) THE MAKE OF THE WATERCRAFT; 10,918
(c) THE LENGTH OF THE WATERCRAFT; 10,920
(d) THE TYPE OF PROPULSION, IF ANY; 10,922
(e) THE STATE IN WHICH THE WATERCRAFT PRINCIPALLY IS 10,925
OPERATED;
(f) THE NAME OF THE OWNER; 10,927
(g) THE ADDRESS OF THE OWNER, INCLUDING THE ZIP CODE; 10,930
(h) THE SIGNATURE OF THE OWNER; 10,932
(i) THE DATE OF PURCHASE; 10,934
(j) A NOTICE TO THE OWNER THAT THE TEMPORARY WATERCRAFT 10,937
REGISTRATION EXPIRES FORTY-FIVE DAYS AFTER THE DATE OF PURCHASE 10,938
OF THE WATERCRAFT OR THAT THE WATERCRAFT CANNOT BE OPERATED ON 10,939
THE WATERS IN THIS STATE SOLELY UNDER THE BILL OF SALE BEGINNING 10,940
FORTY-FIVE DAYS AFTER THE DATE OF PURCHASE OF THE WATERCRAFT, AS 10,941
APPLICABLE.
(3) A PERSON MAY PURCHASE A TEMPORARY WATERCRAFT 10,943
247
REGISTRATION FROM THE CHIEF OF THE DIVISION OF WATERCRAFT OR FROM 10,945
AN AUTHORIZED AGENT DESIGNATED UNDER SECTION 1547.54 OF THE 10,946
REVISED CODE. THE CHIEF SHALL FURNISH FORMS FOR TEMPORARY 10,948
WATERCRAFT REGISTRATIONS TO AUTHORIZED AGENTS. IN ADDITION TO 10,949
COMPLETING THE REGISTRATION FORM WITH THE INFORMATION SPECIFIED 10,950
IN DIVISIONS (A)(2)(a) TO (i) OF THIS SECTION, THE PERSON SHALL 10,953
PAY ONE OF THE APPLICABLE FEES REQUIRED UNDER DIVISIONS (A)(2)(a) 10,954
TO (f) OF SECTION 1547.54 OF THE REVISED CODE AS PROVIDED IN THAT 10,955
SECTION. 10,956
MONEYS RECEIVED FOR THE PAYMENT OF TEMPORARY WATERCRAFT 10,958
REGISTRATIONS SHALL BE DEPOSITED TO THE CREDIT OF THE WATERWAYS 10,959
SAFETY FUND CREATED IN SECTION 1547.75 OF THE REVISED CODE. 10,962
(4) IN ADDITION TO THE APPLICABLE FEE REQUIRED UNDER 10,965
DIVISION (A)(3) OF THIS SECTION, THE CHIEF OR AN AUTHORIZED AGENT 10,966
SHALL CHARGE AN ADDITIONAL FEE OF THREE DOLLARS FOR A TEMPORARY 10,967
WATERCRAFT REGISTRATION THAT THE CHIEF OR THE AUTHORIZED AGENT 10,968
ISSUES. WHEN THE TEMPORARY WATERCRAFT REGISTRATION IS ISSUED BY 10,969
AN AUTHORIZED AGENT, THE AGENT MAY RETAIN THE ADDITIONAL FEE. 10,970
WHEN THE TEMPORARY WATERCRAFT REGISTRATION IS ISSUED BY THE 10,971
CHIEF, THE ADDITIONAL FEE SHALL BE DEPOSITED TO THE CREDIT OF THE 10,972
WATERWAYS SAFETY FUND. 10,973
(5) A PERSON WHO PURCHASES A TEMPORARY WATERCRAFT 10,975
REGISTRATION FOR A WATERCRAFT AND WHO SUBSEQUENTLY APPLIES FOR A 10,976
REGISTRATION CERTIFICATE UNDER SECTION 1547.54 OF THE REVISED 10,979
CODE NEED NOT PAY THE FEE REQUIRED UNDER DIVISION (A)(2) OF THAT 10,980
SECTION FOR THE INITIAL REGISTRATION CERTIFICATE ISSUED FOR THAT
WATERCRAFT, PROVIDED THAT AT THE TIME OF APPLICATION FOR THE 10,981
REGISTRATION CERTIFICATE, THE PERSON FURNISHES PROOF OF PAYMENT 10,982
FOR THE TEMPORARY WATERCRAFT REGISTRATION. 10,983
(6) A PERSON WHO PURCHASES A TEMPORARY WATERCRAFT 10,985
REGISTRATION, WHO SUBSEQUENTLY APPLIES FOR A REGISTRATION 10,986
CERTIFICATE UNDER SECTION 1547.54 OF THE REVISED CODE, AND WHO IS 10,989
EXEMPT FROM PAYMENT FOR THE REGISTRATION CERTIFICATE UNDER 10,990
DIVISION (O) OF THAT SECTION MAY APPLY TO THE CHIEF FOR A REFUND 10,992
248
OF THE AMOUNT PAID FOR THE TEMPORARY WATERCRAFT REGISTRATION AT 10,993
THE TIME THAT THE PERSON APPLIES FOR A REGISTRATION CERTIFICATE. 10,994
THE CHIEF SHALL REFUND THAT AMOUNT UPON ISSUANCE TO THE PERSON OF 10,995
A REGISTRATION CERTIFICATE. 10,996
(7) ALL RECORDS OF THE DIVISION OF WATERCRAFT MADE OR 10,998
MAINTAINED FOR THE PURPOSES OF DIVISIONS (A)(2) TO (8) OF THIS 11,000
SECTION ARE PUBLIC RECORDS. THE RECORDS SHALL BE AVAILABLE FOR 11,001
INSPECTION AT REASONABLE HOURS AND IN A MANNER THAT IS COMPATIBLE 11,003
WITH NORMAL OPERATIONS OF THE DIVISION.
(8) PURSUANT TO DIVISION (A)(1) OF SECTION 1547.52 OF THE 11,007
REVISED CODE, THE CHIEF MAY ADOPT RULES ESTABLISHING ALL OF THE 11,009
FOLLOWING:
(a) RECORD-KEEPING REQUIREMENTS GOVERNING THE ISSUANCE OF 11,012
TEMPORARY WATERCRAFT REGISTRATIONS AND THE USE OF BILLS OF SALE 11,013
FROM WATERCRAFT DEALERS FOR THE PURPOSES OF DIVISION (A)(2) OF 11,014
THIS SECTION; 11,015
(b) PROCEDURES AND REQUIREMENTS FOR THE REFUND OF FEES 11,018
UNDER DIVISION (A)(6) OF THIS SECTION; 11,019
(c) ANY OTHER PROCEDURES AND REQUIREMENTS NECESSARY FOR 11,022
THE ADMINISTRATION AND ENFORCEMENT OF DIVISIONS (A)(2) TO (8) OF 11,023
THIS SECTION. 11,024
(B) ALL OF THE FOLLOWING WATERCRAFT ARE exempt from 11,026
registration are: 11,027
(1) Those that are exempt from numbering by the state 11,029
under divisions (B) to (G) of section 1547.53 of the Revised 11,030
Code; 11,031
(2) Those that have been issued a commercial documentation 11,033
by the United States coast guard or its successor and are used 11,034
exclusively for commercial purposes; 11,035
(3) Those that have been documented by the United States 11,037
coast guard or its successor as temporarily transitting, whose 11,038
principal use is not on the waters in this state, and that have 11,039
not been used within this state for more than sixty days. 11,040
(B)(C) No person shall operate a watercraft documented by 11,042
249
the United States coast guard or its successor unless the 11,043
certificate of documentation is valid, is on the watercraft for 11,044
which it has been issued, and is available for inspection 11,045
whenever the watercraft is in operation. In accordance with 46 11,046
C.F.R. part 67, as amended, the watercraft shall display the 11,047
official number, the vessel name, and the home port listed on the 11,048
certificate of documentation. 11,049
(C)(D)(1) For the purposes of this section and section 11,051
1547.53 of the Revised Code, a watercraft is principally using 11,052
the waters in this state if any of the following applies: 11,053
(a) The owner resides in this state and declares that the 11,055
watercraft principally is using the waters in this state; 11,056
(b) The owner resides in another state, but declares that 11,058
the watercraft principally is using the waters in this state; 11,059
(c) The watercraft is registered in another state or 11,061
documented by the United States coast guard and is used within 11,062
this state for more than sixty days regardless of whether it has 11,063
been assigned a seasonal or permanent mooring at any public or 11,064
private docking facility in this state. 11,065
(2) Notwithstanding division (C)(D)(1)(c) of this section, 11,067
a person on active duty in the armed forces of the United States 11,068
may register a watercraft in his THE PERSON'S state of permanent 11,069
residence in lieu of registering it in this state regardless of 11,071
the number of days that the watercraft is used in this state. 11,072
Sec. 1547.54. (A)(1) The owner of every watercraft 11,081
requiring registration under this chapter shall file an 11,082
application for a TRIENNIAL registration certificate with the 11,083
chief of the division of watercraft on forms that shall be 11,084
provided by the chief. The application shall be signed by the 11,085
following:
(a) If the watercraft is owned by two persons under joint 11,087
ownership with right of survivorship established under section 11,088
2106.17 of the Revised Code, by both of those persons as owners 11,089
of the watercraft;
250
(b) If the watercraft is owned by a minor, by the minor 11,091
and a parent or legal guardian; 11,092
(c) In all other cases, by the owner of the watercraft. 11,094
(2) An application for A TRIENNIAL registration of a 11,096
watercraft filed under division (A)(1) of this section shall be 11,098
accompanied by the following annual fee: 11,099
(a) For canoes, kayaks, rowboats, and inflatable 11,101
watercraft, four TWELVE dollars; 11,103
(b) For class A watercraft, including motorized canoes, 11,105
ten THIRTY dollars; 11,107
(c) For class 1 watercraft, fifteen FORTY-FIVE dollars; 11,109
(d) For class 2 watercraft, twenty SIXTY dollars; 11,111
(e) For class 3 watercraft, twenty-five SEVENTY-FIVE 11,113
dollars;
(f) For class 4 watercraft, thirty NINETY dollars. 11,115
(3) For the purpose of registration, any watercraft 11,117
operated by means of power, sail, or any other mechanical or 11,118
electrical means of propulsion, except motorized canoes, shall be 11,119
registered by length as prescribed in this section. 11,121
(4) If an application for registration is filed by two 11,123
persons as owners under division (A)(1)(a) of this section, the 11,125
person who is listed first on the title shall serve as and 11,127
perform the duties of the "owner" and shall be considered the 11,129
person "in whose name the watercraft is registered" for purposes 11,131
of divisions (B) to (P) of this section and for purposes of all 11,132
other sections in this chapter. 11,133
(B) All registration certificates ARE VALID FOR THREE 11,135
YEARS AND are renewable on a triennial basis unless sooner 11,137
terminated or discontinued in accordance with this chapter. The 11,138
renewal date shall be printed on the registration certificate. A 11,139
registration certificate may be renewed by the owner in the 11,140
manner prescribed by the chief. All fees shall be charged 11,141
according to a proration of the time remaining in the 11,142
registration cycle to the nearest year.
251
(C) In addition to the fees set forth in this section, the 11,144
chief, or any authorized agent, shall charge an additional fee of 11,145
three dollars for any registration certificate the chief or 11,147
authorized agent issues. When the registration certificate is 11,149
issued by an authorized agent, the additional fee of three 11,150
dollars shall be retained by the issuing agent. When the 11,151
registration certificate is issued by the chief, the additional 11,152
fee of three dollars shall be deposited to the credit of the 11,153
waterways safety fund established in section 1547.75 of the 11,154
Revised Code.
(D) Upon receipt of the application in approved form, the 11,156
chief shall enter the same upon the records of the office of the 11,157
division, assign a number to the watercraft if a number is 11,158
required under section 1547.53 of the Revised Code, and issue to 11,159
the applicant a registration certificate. If a number is 11,160
assigned by the chief, it shall be set forth on the certificate. 11,161
The registration certificate shall be on the watercraft for which 11,162
it is issued and available at all times for inspection whenever 11,163
the watercraft is in operation, except that livery operators may 11,164
retain the registration certificate at the livery where it shall 11,165
remain available for inspection at all times. 11,166
(E) No person shall issue or be issued a registration 11,168
certificate for a watercraft that is required to be issued a 11,170
certificate of title under Chapter 1548. of the Revised Code 11,171
except upon presentation of a certificate of title for the
watercraft as provided in that chapter, proof of current 11,174
documentation by the United States coast guard, a renewal 11,175
registration form provided by the division of watercraft, or a 11,176
certificate of registration issued under this section that has 11,177
expired if there is no change in the ownership or description of 11,178
the watercraft.
(F) Whenever the ownership of a watercraft changes, a new 11,180
application form together with the prescribed fee shall be filed 11,181
with the chief or the chief's agent and a new registration 11,183
252
certificate shall be issued. The application shall be signed by 11,184
the person or persons specified in division (A)(1)(a) to (c) of 11,185
this section and shall be accompanied by a two-dollar transfer 11,187
fee. Any remaining time on the registration shall be 11,188
transferred. An authorized agent of the chief shall charge an 11,189
additional fee of three dollars, which shall be retained by the 11,190
issuing agent. If the certificate is issued by the chief, an 11,191
additional fee of three dollars for each certificate issued shall 11,192
be collected.
(G) If an agency of the United States has in force an 11,194
overall system of identification numbering for watercraft or 11,195
certain types of watercraft within the United States, the 11,196
numbering system employed by the division shall be in conformity 11,197
with that system. 11,198
(H) The chief may assign any registration certificates to 11,200
any authorized agent for the assignment thereof. If a person 11,201
accepts that authorization, the person may be assigned a block of 11,203
numbers and certificates therefor that upon assignment, in 11,204
conformity with this chapter and Chapter 1548. of the Revised 11,206
Code and with rules of the division, shall be valid as if 11,207
assigned directly by the division. Any person so designated as 11,208
an agent by the chief shall post with the division security as 11,209
may be required by the director of natural resources. The chief 11,210
may issue an order temporarily or permanently restricting or 11,211
suspending an agent's authorization without a hearing if the 11,212
chief finds that the agent has violated this chapter or Chapter 11,214
1548. of the Revised Code, rules adopted under them, or any 11,215
agreements prescribed by the chief. 11,217
(I) All records of the division made or kept pursuant to 11,219
this section shall be public records. Those records shall be 11,220
available for inspection at reasonable hours and in a manner 11,221
compatible with normal operations of the division. 11,222
(J) The owner shall furnish the division notice within 11,224
fifteen days of the following: 11,225
253
(1) The transfer, other than through the creation of a 11,227
security interest in any watercraft, of all or any part of the 11,228
owner's interest or, if the watercraft is owned by two persons 11,230
under joint ownership with right of survivorship established 11,231
under section 2106.17 of the Revised Code, of all or any part of
the joint interest of either of the two persons. The transfer 11,232
shall not terminate the registration certificate. 11,233
(2) Any change in the address appearing on the certificate 11,236
and, as a part of the notification, shall furnish the chief with 11,238
the owner's new address;
(3) The destruction or abandonment of the watercraft. 11,240
(K) The chief may issue duplicate registration 11,242
certificates or duplicate tags to owners of currently registered 11,243
watercraft, the fee for which shall be four dollars. 11,244
(L) If the chief finds that a registration certificate 11,246
previously issued to an owner is in error to a degree that would 11,247
impair its basic purpose and use, the chief may issue a corrected 11,249
certificate to the owner without charge. 11,250
(M) No authorized agent shall issue and no person shall 11,252
receive or accept from an authorized agent a registration 11,253
certificate assigned to the authorized agent under division (H) 11,254
of this section unless the exact month, day, and year of issue 11,255
are plainly written thereon by the agent. Certificates issued 11,256
with incorrect dates of issue are void from the time they are 11,257
issued. 11,258
(N) As used in this section: 11,260
(1) "Disabled veteran" means a person who is included in 11,263
either of the following categories: 11,264
(a) Because of a service-connected disability, has been or 11,266
is awarded funds for the purchase of a motor vehicle under the 11,267
"Disabled Veterans' and Servicemen's Automobile Assistance Act of 11,268
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; 11,269
(b) Has a service-connected disability rated at one 11,271
hundred per cent by the veterans administration. 11,272
254
(2) "Prisoner of war" means any regularly appointed, 11,274
enrolled, enlisted, or inducted member of the military forces of 11,275
the United States who was captured, separated, and incarcerated 11,276
by an enemy of the United States at any time, and any regularly 11,277
appointed, enrolled, or enlisted member of the military forces of 11,278
Great Britain, France, Australia, Belgium, Brazil, Canada, China, 11,280
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland, 11,281
South Africa, or the republics formerly associated with the Union 11,282
of Soviet Socialist Republics or Yugoslavia who was a citizen of 11,284
the United States at the time of the appointment, enrollment, or 11,285
enlistment, and was captured, separated, and incarcerated by an 11,286
enemy of this country during World War II. 11,287
(O) Any disabled veteran, congressional medal of honor 11,289
awardee, or prisoner of war may apply to the chief for a 11,290
certificate of registration, or for a renewal of the certificate 11,292
of registration, without the payment of any fee required by this 11,294
section. The application for a certificate of registration shall 11,295
be accompanied by evidence of disability or by documentary 11,297
evidence in support of a congressional medal of honor that the 11,299
chief requires by rule. The application for a certificate of 11,301
registration by any person who has been a prisoner of war shall 11,303
be accompanied by written evidence in the form of a record of 11,304
separation, a letter from one of the armed forces of a country 11,305
listed in division (N)(2) of this section, or other evidence that 11,306
the chief may require by rule, that the person was honorably 11,307
discharged or is currently residing in this state on active duty 11,308
with one of the branches of the armed forces of the United 11,310
States, or was a prisoner of war and was honorably discharged or 11,311
received an equivalent discharge or release from one of the armed 11,312
forces of a country listed in division (N)(2) of this section. 11,313
(P) Annually by the fifteenth day of January, the director 11,315
of natural resources shall determine the amount of fees that 11,316
would have been collected in the prior calendar year for each 11,317
certificate of registration issued or renewed pursuant to 11,318
255
division (O) of this section and shall certify the total amount 11,320
of foregone revenue to the director of budget and management for 11,321
reimbursement. The director of budget and management shall 11,322
transfer the amount certified from the general revenue fund to 11,323
the waterways safety fund created pursuant to section 1547.75 of 11,324
the Revised Code. 11,325
Sec. 1547.542. Any person or organization owning any 11,334
number of canoes, kayaks, rowboats, inflatable watercraft, or 11,335
sailboats for the purpose of rental to the public may apply with 11,336
the chief of the division of watercraft for and receive an annual 11,337
certificate of livery registration. No watercraft shall be 11,338
rented to the public from a livery or other place of business in 11,339
this state unless it has first HAS been numbered and registered 11,341
in accordance with this section or section 1547.54 of the Revised 11,342
Code. Certificates of livery registration shall be issued only 11,343
BY AN AUTHORIZED AGENT WHO IS SELECTED by the chief FROM AMONG 11,345
THOSE DESIGNATED UNDER SECTION 1547.54 OF THE REVISED CODE. The 11,346
certificate shall indicate DISPLAY the name of the owner of the 11,348
livery, the date of issuance, the date of expiration, the number 11,349
of watercraft registered, the fee paid, AN AUTHORIZED FACSIMILE 11,350
OF the signature of the chief PROVIDED BY THE AUTHORIZED AGENT 11,351
WHO IS SELECTED TO ISSUE THE CERTIFICATE, and the signature of 11,352
the livery owner. The certificate shall bear the livery 11,353
watercraft registration number assigned to the livery owner, 11,354
which shall be displayed in accordance with section 1547.57 of 11,355
the Revised Code on each watercraft in the fleet for which the 11,356
certificate was issued. The owner of a livery shall obtain an 11,357
amended certificate of livery registration from the chief 11,358
whenever the composition of the fleet changes. 11,359
The fee for each watercraft registered under this section 11,361
shall be in accordance with the registration fees prescribed in 11,362
section 1547.54 of the Revised Code. However, if the size of the 11,363
fleet does not increase, the fee for an amended certificate of 11,364
livery registration shall be the fee prescribed for issuing a 11,365
256
duplicate registration certificate under section 1547.54 of the 11,366
Revised Code, and the chief shall not refund to the livery owner 11,367
all or any portion of an annual registration fee applicable to a 11,368
watercraft transferred or abandoned by the livery owner. If the 11,369
size of the fleet increases, the livery owner shall be required 11,370
to pay the applicable annual registration fee for each watercraft 11,371
registered under an amended certificate of livery registration 11,372
that is in excess of the number of watercraft contained in the 11,373
annual certificate of livery registration. 11,374
The certificate of livery registration, rental receipts, 11,376
and required safety equipment are subject to inspection at any 11,377
time at the livery's place of business by any authorized 11,378
representative of the division of watercraft or any law 11,379
enforcement officer in accordance with section 1547.63 of the 11,380
Revised Code. 11,381
Except as provided in this section, all watercraft 11,383
registered under this section are subject to this chapter and 11,384
Chapter 1548. of the Revised Code. 11,385
The chief may issue an order temporarily or permanently 11,387
restricting or suspending a livery certificate of registration 11,388
and the privileges associated therewith WITH IT without a hearing 11,390
if he THE CHIEF finds that the holder of the certificate has 11,391
violated this chapter. 11,392
Sec. 1547.543. (A) Any bona fide dealer in watercraft, or 11,401
any manufacturer thereof OF WATERCRAFT, upon annual application 11,402
to the division of watercraft, may receive for each separate 11,405
place of business a dealer or manufacturer registration
certificate assigning a dealer number for use while operating 11,406
watercraft on the waters in this state. A dealer or manufacturer 11,407
registration certificate shall not be used for any commercial 11,408
purpose such as the rental or chartering of watercraft, nor shall 11,409
the certificate be loaned to any person for the purpose of 11,410
circumventing any law of this state. 11,411
The fee for such license A CERTIFICATE shall be fifty 11,413
257
dollars annually. 11,414
THE CHIEF OF THE DIVISION OF WATERCRAFT SHALL SELECT AN 11,416
AUTHORIZED AGENT FROM AMONG THOSE DESIGNATED UNDER SECTION 11,417
1547.54 OF THE REVISED CODE TO ISSUE DEALER AND MANUFACTURER 11,420
REGISTRATION CERTIFICATES. THE AGENT SHALL PROVIDE AN AUTHORIZED 11,421
FACSIMILE OF THE SIGNATURE OF THE CHIEF ON EACH REGISTRATION 11,422
CERTIFICATE AND ON EACH POCKET-SIZED CERTIFICATE ISSUED UNDER 11,423
THIS SECTION.
(B) Registration certificates issued to marine dealers or 11,425
manufacturers shall be available for inspection at all times at 11,426
the dealers' or manufacturers' place of business for which the 11,427
certificates were issued. 11,428
(C) The division of watercraft shall issue to each 11,430
registered dealer or manufacturer one or more pocket-sized 11,431
certificates bearing the dealer or manufacturer registration 11,432
number, which shall be carried by the dealer, THE manufacturer, 11,433
or AN employee aboard any watercraft being operated on the waters 11,435
in this state. 11,436
(D) Each dealer in or manufacturer of watercraft shall 11,438
display on both sides of any watercraft being operated on the 11,439
waters in this state the dealer or manufacturer registration 11,440
number and the validation decals assigned by THE AUTHORIZED AGENT 11,441
SELECTED BY the chief UNDER THIS SECTION so that the decals and 11,443
number are clearly visible under normal operating conditions. 11,444
The division AUTHORIZED AGENT SELECTED BY THE CHIEF shall furnish 11,445
with each dealer or manufacturer registration certificate one or 11,446
more sets of registration validation decals of a size and shape 11,447
prescribed by the chief. Additional sets of decals may be 11,448
purchased for a two-dollar fee. 11,449
(E) The chief may issue an order temporarily or 11,451
permanently restricting or suspending a dealer or manufacturer 11,452
registration certificate without a hearing if the chief finds 11,453
that the holder of the certificate has violated this section. 11,455
Sec. 1547.57. When the chief of the division of watercraft 11,464
258
issues a registration certificate under section 1547.54 of the 11,465
Revised Code, he THE CHIEF also shall issue to the applicant two 11,466
tags not larger than three inches square, color coded, indicating 11,467
the expiration date of the certificate. The owner of watercraft 11,468
currently documented by the United States coast guard and for 11,469
which a registration certificate is issued shall securely affix 11,470
one tag to the watercraft's port side and the other tag to the 11,471
starboard side, so that the tags are clearly visible under normal 11,472
operating conditions. THE TAGS SHALL BE REMOVED FROM THE 11,473
WATERCRAFT WHEN THEY BECOME INVALID. The owner of any other 11,474
watercraft for which a registration certificate is issued shall 11,475
securely affix one tag to the watercraft's port side, six inches 11,476
toward the stern from the identification number, and the other 11,477
tag to the starboard side, six inches toward the stern from the 11,478
identification number. The tags shall be securely affixed to the 11,479
watercraft prior to its operation, BUT SHALL BE REMOVED FROM THE 11,480
WATERCRAFT WHEN THEY BECOME INVALID. A person may operate 11,481
without a registration certificate ISSUED UNDER SECTION 1547.54 11,482
OF THE REVISED CODE, for a period not to exceed thirty FORTY-FIVE 11,483
days, any watercraft required to be titled on the waters in this 11,484
state, if he has in his possession on the watercraft a dealer's 11,485
dated bill of sale or, in the case of a casual sale, a notarized 11,487
bill of sale THE PERSON IS IN COMPLIANCE WITH SECTION 1547.531 OF 11,488
THE REVISED CODE.
The owner of every watercraft requiring numbering by this 11,490
state shall attach to each side of the bow of the watercraft the 11,491
permanent identification number in such manner as may be 11,492
prescribed by applicable federal standards in order that it shall 11,493
be clearly visible. The number shall be maintained in a legible 11,494
condition at all times. No number other than the number assigned 11,495
to a watercraft or granted by reciprocity pursuant to this 11,496
chapter shall be painted, attached, or otherwise displayed on 11,497
either side of the bow of the watercraft. 11,498
NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 11,500
259
WATERCRAFT ON THE WATERS IN THIS STATE IN VIOLATION OF THIS 11,501
SECTION.
Sec. 1547.69. (A) As used in this section: 11,510
(1) "Firearm" has the same meaning as in section 2923.11 11,512
of the Revised Code. 11,513
(2) "Unloaded" has the same meaning as in section 2923.16 11,515
of the Revised Code. 11,516
(B) No person shall knowingly discharge a firearm while in 11,518
or on a vessel. 11,519
(C) No person shall knowingly transport or have a loaded 11,521
firearm in a vessel, in such a manner that the firearm is 11,522
accessible to the operator or any passenger. 11,523
(D) No person shall knowingly transport or have a firearm 11,525
in a vessel, unless it is unloaded and is carried in one of the 11,526
following ways: 11,527
(1) In a closed package, box, or case; 11,529
(2) In plain sight with the action opened or the weapon 11,531
stripped;, or, if the firearm is of a type on which the action 11,532
will not stay open or which THAT cannot easily be stripped, in 11,533
plain sight. 11,535
(E) The affirmative defense DEFENSES contained in 11,537
divisions (C)(1) and (2) of section 2923.12 of the Revised Code 11,539
are affirmative defenses to a charge under division (C) or (D) of 11,540
this section.
(F) Divisions (B), (C), and (D) of this section do not 11,542
apply to the possession or discharge of a United States coast 11,543
guard approved signaling device required to be carried aboard a 11,544
vessel under section 1547.251 of the Revised Code when the 11,545
signaling device is possessed or used for the purpose of giving a 11,546
visual distress signal. No person shall knowingly transport or 11,547
possess any such signaling device in or on a vessel in a loaded 11,548
condition at any time other than immediately prior to the 11,549
discharge of the signaling device for the purpose of giving a 11,550
visual distress signal. 11,551
260
(G) NO PERSON SHALL OPERATE OR PERMIT TO BE OPERATED ANY 11,553
VESSEL ON THE WATERS IN THIS STATE IN VIOLATION OF THIS SECTION. 11,554
(H) This section does not apply to officers, agents, or 11,556
employees of this or any other state or of the United States or 11,557
to law enforcement officers when authorized to carry or have 11,558
loaded or accessible firearms in a vessel and acting within the 11,559
scope of their duties, nor to persons legally engaged in hunting. 11,560
Sec. 1548.01. (A) As used in this chapter, "watercraft" 11,569
means any of the following when used or capable of being used as 11,570
a means of transportation on the water: 11,571
(1) A boat operated by machinery either permanently or 11,573
temporarily affixed; 11,574
(2) A sailboat other than a sailboard; 11,576
(3) An inflatable, manually propelled boat having a hull 11,578
identification number meeting the requirements of the United 11,579
States coast guard. 11,580
"Watercraft" does not include ferries as referred to in Chapter 11,582
4583. of the Revised Code HAS THE SAME MEANING AS IN SECTION 11,583
1547.01 OF THE REVISED CODE. 11,584
(B) This chapter does not apply to any of the following: 11,586
(1) A watercraft covered by a marine document in effect 11,588
that has been assigned to it by the United States government 11,590
pursuant to federal law;
(2) A watercraft from a country other than the United 11,592
States temporarily using the waters in this state; 11,593
(3) A watercraft whose owner is the United States, a 11,595
state, or a political subdivision thereof; 11,596
(4) A ship's lifeboat. As used in division (B)(4) of this 11,598
section, "lifeboat" means a watercraft that is held aboard 11,599
another vessel and used exclusively for emergency purposes. 11,600
(5) A canoe, kayak, or rowboat; 11,602
(6) Watercraft A WATERCRAFT less than fourteen feet in 11,604
length WITHOUT A PERMANENTLY AFFIXED MECHANICAL MEANS OF 11,605
PROPULSION;
261
(7) A WATERCRAFT LESS THAN FOURTEEN FEET IN LENGTH WITH A 11,608
PERMANENTLY FIXED MECHANICAL MEANS OF PROPULSION OF LESS THAN TEN 11,609
HORSEPOWER AS DETERMINED BY THE MANUFACTURER'S RATING;
(8) Outboard motors of less than ten horsepower as 11,611
determined by the manufacturer's rating. 11,612
(C) The various certificates, applications, and 11,614
assignments necessary to provide certificates of title for 11,615
watercraft and outboard motors shall be made on appropriate forms 11,617
approved by the chief of the division of watercraft.
Sec. 1548.05. No manufacturer, importer, dealer, or other 11,626
person shall sell or otherwise dispose of a new watercraft or 11,628
outboard motor to a dealer to be used by the dealer for purposes 11,629
of display and resale without delivering to the dealer a 11,630
manufacturer's or importer's certificate executed in accordance
with this section, and with such assignments thereon ON IT as are 11,632
necessary to show title in THE NAME OF the purchaser. No dealer 11,633
shall purchase or acquire a new watercraft or outboard motor 11,635
without obtaining from the seller the manufacturer's or 11,636
importer's certificate.
A manufacturer's or importer's certificate of the origin of 11,638
a watercraft or outboard motor shall contain the following 11,639
information, in such form and together with such further 11,641
information as the chief of the division of watercraft may 11,642
require:
(A) Description of the watercraft, including the make, 11,644
year, length, series or model, if any, body type, hull 11,646
identification number or serial number, and make, manufacturer's 11,647
serial number, and horsepower of any inboard motor or motors; or 11,648
description of the outboard motor, including the make, year, 11,649
series or model, if any, manufacturer's serial number, and 11,650
horsepower;
(B) Certification of the date of transfer of the 11,652
watercraft or outboard motor to a distributor or dealer or other 11,653
transferee, and the name and address of the transferee; 11,654
262
(C) Certification that this was the first transfer of the 11,656
new watercraft or outboard motor in ordinary trade and commerce; 11,657
(D) Signature and address of a representative of the 11,659
transferor.
An assignment of a manufacturer's or importer's certificate 11,661
before a notary public or other officer empowered to administer 11,662
oaths shall be printed on the reverse side of the manufacturer's 11,663
or importer's certificate in the form to be prescribed by the 11,664
chief. The assignment form shall include the name and address of 11,665
the transferee, a certification that the watercraft or outboard
motor is new, and a warranty that the title at the time of 11,666
delivery is subject only to such liens and encumbrances as are 11,667
set forth and described in full in the assignment. 11,668
Sec. 1548.06. Application for a certificate of title for a 11,677
watercraft or outboard motor shall be made upon a form prescribed 11,678
by the chief of the division of watercraft and shall be sworn to 11,679
before a notary public or other officer empowered to administer 11,680
oaths. The application shall be filed with the clerk of the 11,681
court of common pleas of the county in which the applicant 11,682
resides if the applicant is a resident of this state or, if not a 11,683
resident, in the county in which the transaction is consummated. 11,684
The application shall be accompanied by the fee prescribed in 11,685
section 1548.10 of the Revised Code, and if a certificate of 11,686
title previously has been issued for the watercraft or outboard 11,687
motor, it shall be accompanied by the certificate of title duly 11,688
assigned unless otherwise provided in this chapter. If a 11,689
certificate of title previously has not been issued for the 11,690
watercraft or outboard motor in this state, the application, 11,691
unless otherwise provided in this chapter, shall be accompanied 11,692
by a manufacturer's or importer's certificate,; by a sworn 11,693
statement of ownership if THE WATERCRAFT OR OUTBOARD MOTOR WAS 11,694
purchased by the applicant on or before October 9, 1963, OR IF 11,697
THE WATERCRAFT IS LESS THAN FOURTEEN FEET LONG WITH A PERMANENTLY 11,698
AFFIXED MECHANICAL MEANS OF PROPULSION AND WAS PURCHASED BY THE 11,699
263
APPLICANT ON OR BEFORE JANUARY 1, 2000; or by a certificate of 11,702
title, bill of sale, or other evidence of ownership required by 11,703
the law of another state from which the watercraft or outboard 11,704
motor was brought into this state. Evidence of ownership of a 11,705
watercraft or outboard motor for which an Ohio certificate of 11,706
title previously has not been issued and which watercraft or 11,707
outboard motor does not have permanently affixed thereto a 11,708
manufacturer's serial number shall be accompanied by the 11,709
certificate of ASSIGNMENT OF A hull identification number 11,710
assigned by the chief as provided in section 1548.07 of the 11,712
Revised Code. The
THE clerk shall retain the evidence of title presented by 11,715
the applicant and on which the certificate of title is issued. 11,716
The clerk shall use reasonable diligence in ascertaining whether 11,717
the facts in the application are true by checking the application 11,718
and documents accompanying it with the records of watercraft and 11,719
outboard motors in his THE CLERK'S office. If satisfied that the 11,721
applicant is the owner of the watercraft or outboard motor and 11,722
that the application is in the proper form, the clerk shall issue 11,723
a certificate of title over his THE CLERK'S signature and sealed 11,724
with his THE CLERK'S seal. HOWEVER, IF THE EVIDENCE INDICATES 11,725
AND AN INVESTIGATION SHOWS THAT ONE OR MORE OHIO TITLES ALREADY 11,727
EXIST FOR THE WATERCRAFT OR OUTBOARD MOTOR, THE CHIEF MAY CAUSE 11,728
THE REDUNDANT TITLE OR TITLES TO BE CANCELED. 11,729
In the case of the sale of a watercraft or outboard motor 11,731
by a vendor to a general purchaser or user, the certificate of 11,732
title shall be obtained in the name of the purchaser by the 11,733
vendor upon application signed by the purchaser. In all other 11,734
cases the certificate shall be obtained by the purchaser. In all 11,736
cases of transfer of watercraft or outboard motors, the
application for certificate of title shall be filed within thirty 11,737
days after the later of the date of purchase or assignment of 11,738
ownership of the watercraft or outboard motor. If the 11,739
application for certificate of title is not filed within thirty 11,740
264
days after the later of the date of purchase or assignment of 11,741
ownership of the watercraft or outboard motor, the clerk shall 11,742
charge a late penalty fee of five dollars in addition to the fee 11,743
prescribed by section 1548.10 of the Revised Code. The clerk 11,744
shall retain the entire amount of each late penalty fee. 11,745
The clerk shall refuse to accept an application for 11,747
certificate of title unless the applicant either tenders with the 11,748
application payment of all taxes levied by or pursuant to Chapter 11,749
5739. or 5741. of the Revised Code, less, in the case of a sale 11,750
by a vendor, any discount to which the vendor is entitled under 11,751
section 5739.12 of the Revised Code, or submits any of the 11,752
following: 11,753
(A) A receipt issued by the tax commissioner or a clerk of 11,755
courts showing payment of the tax; 11,756
(B) A copy of the unit certificate of exemption completed 11,758
by the purchaser at the time of sale, as provided in section 11,759
5739.03 of the Revised Code; 11,760
(C) An exemption certificate, in a form prescribed by the 11,762
tax commissioner, that specifies why the purchase is not subject 11,763
to the tax imposed by Chapter 5739. or 5741. of the Revised Code. 11,764
Payment of the tax shall be in accordance with rules issued 11,766
by the tax commissioner, and the clerk shall issue a receipt in 11,767
the form prescribed by the tax commissioner to any applicant who 11,768
tenders payment of the tax with the application for registration 11,769
of title. 11,770
For receiving and disbursing the taxes paid to the clerk, 11,772
the clerk may retain a poundage fee of one per cent of the taxes 11,773
collected, which shall be paid into the general fund of the 11,774
county. In the case of casual sales of watercraft or outboard 11,775
motors that are subject to the tax imposed by Chapter 5739. or 11,776
5741. of the Revised Code, the purchase price for the purpose of 11,777
determining the tax shall be the purchase price on an affidavit 11,778
executed and filed with the clerk by the vendor on a form to be 11,779
prescribed by the chief of the division of watercraft, which 11,780
265
shall be prima-facie evidence of the price for the determination 11,781
of the tax. In addition to the information required by section 11,782
1548.08 of the Revised Code, each certificate of title shall 11,783
contain in bold lettering the following notification and 11,784
statements: "WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND 11,785
BUYER). You are required by law to state the true selling price. 11,787
A false statement is a violation of section 2921.13 of the 11,789
Revised Code and is punishable by six months imprisonment or a 11,790
fine of up to one thousand dollars, or both. All transfers are 11,791
audited by the department of taxation. The seller and buyer must 11,792
provide any information requested by the department of taxation. 11,793
The buyer may be assessed any additional tax found to be due."
The clerk shall forward all payments of taxes, less 11,795
poundage fees, to the treasurer of state in a manner to be 11,796
prescribed by the tax commissioner and shall furnish such 11,797
information to the commissioner as the commissioner may require. 11,798
For purposes of a transfer of a certificate of title, if the 11,799
clerk is satisfied that a secured party has discharged a lien, 11,800
but has not canceled the lien notation with the clerk of the 11,801
county of origin, he THE CLERK may cancel the lien notation on 11,802
the automated title processing system and notify the clerk of the 11,803
county of origin. 11,804
Sec. 1553.01. (A) There is hereby created in the 11,813
department of natural resources the division of civilian 11,814
conservation. The chief of the division shall be appointed by 11,815
the director of natural resources. 11,816
(B) The chief of the division of civilian conservation, 11,818
with the approval of the director and the advice of the civilian 11,819
conservation advisory committee created in section 1553.10 of the 11,821
Revised Code, shall DO ALL OF THE FOLLOWING:
(1) Divide the state into conservation areas; 11,823
(2) Establish, within conservation areas, residential and 11,825
nonresidential civilian conservation programs as THAT the chief 11,826
considers appropriate; 11,827
266
(3)(2) Establish eligibility standards in accordance with 11,829
section 1553.04 of the Revised Code for selecting applicants for 11,830
participation in conservation programs established under this 11,831
chapter; 11,832
(4)(3) Adopt rules in accordance with Chapter 119. of the 11,834
Revised Code to carry out the purposes of this chapter. 11,835
Sec. 1553.02. (A) The chief of the division of civilian 11,844
conservation shall ensure that each program established under 11,845
this chapter provides participants with EDUCATIONAL ADVANCEMENT 11,846
OPPORTUNITIES, LIFE SKILL DEVELOPMENT OPPORTUNITIES, AND work 11,847
experience related to the conservation, development, and 11,849
management of natural resources and recreational areas, 11,850
RESTORATION OF HISTORIC STRUCTURES, and assistance in the 11,851
development of related community programs. Such THE work 11,852
experience may include planting, pruning, and cutting of trees, 11,854
forest management including fire protection, reclaiming 11,855
strip-mined land, wildlife habitat development, drainage control, 11,856
prevention of shore and soil erosion, litter removal, trail 11,857
development, cleaning or repair of drainage ditches or streams, 11,858
highway and community beautification, construction of lakes, 11,859
ponds, and waterways to be used as fishing and hunting sites and 11,860
for other recreational purposes, flood control projects, urban 11,861
parks and recreational site development, assistance in times and 11,862
places of natural disasters, insect and pest control, 11,863
CONSTRUCTION AND RENOVATION OF FACILITIES, RESTORATION OF 11,864
HISTORIC STRUCTURES, and any other similar work experience 11,866
considered appropriate by the chief. Such THE programs may be 11,867
carried out on any publicly owned LAND or, with the prior written 11,868
approval of the person owning, administering, or controlling the 11,869
land, on privately owned land.
(B) The chief may, with the approval of the director, OF 11,871
NATURAL RESOURCES, MAY contract with any agency or political 11,872
subdivision of this state, other states, or the federal 11,874
government to enable the division to participate in any state, 11,875
267
federal, or community programs that he THE CHIEF considers to be 11,877
in the public interest.
(C) The chief may, with the approval of the director, MAY 11,879
contract with any person, company, corporation, or association in 11,880
order to carry out the purposes of Chapter 1553. of the Revised 11,881
Code THIS CHAPTER. 11,882
(D) The chief may do all things necessary to obtain any 11,884
federal assistance available for carrying out the purposes of 11,885
this chapter. 11,886
Sec. 1553.05. (A) Each participant in a conservation 11,895
program established under this chapter shall agree to participate 11,896
in the program for a period of not less than six months unless 11,898
participation for a period of less than six months is mandated by 11,899
another funding agency's statutory authority or rules or
regulations. 11,900
A AT THE DISCRETION OF THE CHIEF OF THE DIVISION OF 11,902
CIVILIAN CONSERVATION, A participant may participate in a program 11,903
for a period of more than six months, but no participant's total 11,904
period of participation in the civilian conservation program 11,905
shall exceed eighteen TWENTY-FOUR months except as otherwise 11,906
provided in this division. Subject to the approval of the 11,908
director of natural resources and the chief of the division of 11,909
civilian conservation, a participant who has attained corps 11,910
leader status may participate in the civilian conservation 11,911
program for up to twenty-four months.
(B) The division of civilian conservation shall compensate 11,913
each participant in an amount not less than the wage required by 11,914
Chapter 4111. of the Revised Code and the "Fair Labor Standards 11,915
Act of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended. The 11,916
division shall provide each participant in residential camps with 11,917
lodging, food, and necessary work clothing and such other 11,918
services as THAT the chief considers appropriate, all of which 11,919
shall be considered, in accordance with Chapter 4111. of the 11,921
Revised Code and the "Fair Labor Standards Act of 1938," 52 Stat. 11,922
268
1060, 29 U.S.C. 201, as amended, a part of the participant's 11,923
wage.
(C) The division shall provide participants in each 11,925
nonresidential conservation program with such compensation, in 11,926
money, goods, services, or any combination thereof OF THEM, as 11,928
THAT it considers appropriate in light of the nature of the
program and in accordance with Chapter 4111. of the Revised Code 11,929
and the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 11,930
U.S.C. 201, as amended. 11,931
(D) Participants shall not be considered as state 11,933
employees under Chapter 124. of the Revised Code and shall not be 11,934
permitted to participate in any public employee retirement 11,935
program while they are participants in the civilian conservation 11,936
program. They shall be considered employees of the state for the 11,937
purposes of section 9.83 and Chapters 4112. and 4123. of the 11,938
Revised Code. 11,939
Sec. 1553.07. THE CHIEF OF THE DIVISION OF CIVILIAN 11,941
CONSERVATION SHALL APPOINT APPROPRIATE PERSONNEL AND ENSURE THAT 11,942
APPROPRIATE FACILITIES ARE AVAILABLE FOR THE OPERATION OF THE 11,943
PROGRAMS ESTABLISHED UNDER THIS CHAPTER. 11,944
Sec. 1553.08. (A) The chief of the division of civilian 11,953
conservation shall not make any payment to a person as 11,954
compensation for service in referring an individual as a 11,955
potential participant in a program established under Chapter 11,956
1553. of the Revised Code THIS CHAPTER. 11,957
(B) The chief shall ensure that conservation programs 11,959
established under Chapter 1553. of the Revised Code THIS CHAPTER 11,960
do not displace currently employed workers or impair existing 11,962
contracts for service provided by other workers, and that no 11,963
participant in such a program is used in any manner in connection 11,964
with a work or labor dispute. 11,965
(C) The chief may design the conservation programs 11,967
established under Chapter 1553. of the Revised Code THIS CHAPTER 11,968
so as to make use of any existing state, federal, or local funds 11,970
269
which THAT may be available for such types of programs. 11,972
(D) IF THE OPERATION OF A PROGRAM ESTABLISHED UNDER THIS 11,975
CHAPTER IS TERMINATED ON OR AFTER JULY 1, 1998, BECAUSE OF A 11,977
REDUCTION IN THE AMOUNT OF MONEYS APPROPRIATED TO THE DIVISION OF 11,979
CIVILIAN CONSERVATION, AND IF SUCH FUNDING FOR THE DIVISION
SUBSEQUENTLY IS RESTORED, THE CHIEF SHALL CONSIDER REOPENING THE 11,980
PROGRAM WHOSE OPERATION WAS SO TERMINATED PRIOR TO ESTABLISHING A 11,982
NEW PROGRAM IN AN AREA OF THE STATE IN WHICH A PROGRAM NEVER HAS 11,983
BEEN ESTABLISHED.
Sec. 2935.01. As used in this chapter: 11,992
(A) "Magistrate" has the same meaning as in section 11,994
2931.01 of the Revised Code. 11,995
(B) "Peace officer" includes, except as provided in 11,997
section 2935.081 of the Revised Code, a sheriff,; deputy 11,999
sheriff,; marshal,; deputy marshal,; member of the organized 12,000
police department of any municipal corporation, including a 12,002
member of the organized police department of a municipal 12,003
corporation in an adjoining state serving in Ohio under a 12,004
contract pursuant to section 737.04 of the Revised Code,; member 12,005
of a police force employed by a metropolitan housing authority 12,006
under division (D) of section 3735.31 of the Revised Code,; 12,007
member of a police force employed by a regional transit authority 12,009
under division (Y) of section 306.05 of the Revised Code,; state 12,010
university law enforcement officer appointed under section 12,011
3345.04 of the Revised Code,; liquor control investigator or food 12,012
stamp trafficking agent of the department of public safety,; 12,014
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A NATURAL 12,015
RESOURCES LAW ENFORCEMENT STAFF OFFICER DESIGNATED PURSUANT TO 12,016
SECTION 1501.013 OF THE REVISED CODE, A FOREST OFFICER DESIGNATED
PURSUANT TO SECTION 1503.29 OF THE REVISED CODE, A PRESERVE 12,018
OFFICER DESIGNATED PURSUANT TO SECTION 1517.10 OF THE REVISED 12,019
CODE, A WILDLIFE OFFICER DESIGNATED PURSUANT TO SECTION 1531.13 12,020
OF THE REVISED CODE, A PARK OFFICER DESIGNATED PURSUANT TO
SECTION 1541.10 OF THE REVISED CODE, OR A STATE WATERCRAFT 12,022
270
OFFICER DESIGNATED PURSUANT TO SECTION 1547.521 OF THE REVISED 12,024
CODE; INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES
UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED CODE; 12,025
Ohio veterans' home policeman POLICE OFFICER appointed under 12,027
section 5907.02 of the Revised Code,; police constable of any 12,028
township,; and police officer of a township or joint township 12,029
police district,; and, for the purpose of arrests within those 12,031
areas, and for the purposes of Chapter 5503. of the Revised Code, 12,033
and the filing of and service of process relating to those 12,034
offenses witnessed or investigated by them, includes the 12,035
superintendent and troopers of the state highway patrol. 12,036
(C) "Prosecutor" includes the county prosecuting attorney, 12,038
AND any assistant prosecutor designated to assist the county 12,039
prosecuting attorney, and, in the case of courts inferior to 12,041
courts of common pleas, includes the village solicitor, city 12,042
director of law, or similar chief legal officer of a municipal 12,043
corporation, any such officer's assistants, or any attorney 12,044
designated by the prosecuting attorney of the county to appear 12,046
for the prosecution of a given case.
(D) "Offense," except where the context specifically 12,048
indicates otherwise, includes felonies, misdemeanors, and 12,049
violations of ordinances of municipal corporations and other 12,050
public bodies authorized by law to adopt penal regulations. 12,051
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, 12,060
deputy marshal, municipal police officer, township constable, 12,061
police officer of a township or joint township police district, 12,062
member of a police force employed by a metropolitan housing 12,063
authority under division (D) of section 3735.31 of the Revised 12,064
Code, member of a police force employed by a regional transit 12,065
authority under division (Y) of section 306.35 of the Revised 12,066
Code, state university law enforcement officer appointed under 12,068
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 12,069
Code shall arrest and detain, until a warrant can be obtained, a 12,070
271
person found violating, within the limits of the political 12,071
subdivision, metropolitan housing authority housing project, 12,072
regional transit authority facilities or areas of a municipal 12,073
corporation that have been agreed to by a regional transit 12,074
authority and a municipal corporation located within its 12,075
territorial jurisdiction, college, university, or Ohio veterans' 12,077
home in which the peace officer is appointed, employed, or 12,078
elected, a law of this state, an ordinance of a municipal 12,079
corporation, or a resolution of a township. 12,080
(2) A PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES 12,083
OR AN INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES 12,084
UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED CODE 12,086
SHALL ARREST AND DETAIN, UNTIL A WARRANT CAN BE OBTAINED, A 12,087
PERSON FOUND VIOLATING, WITHIN THE LIMITS OF THE PEACE OFFICER'S 12,088
OR INDIVIDUAL'S TERRITORIAL JURISDICTION, A LAW OF THIS STATE. 12,089
(B)(1) When there is reasonable ground to believe that an 12,091
offense of violence, the offense of criminal child enticement as 12,092
defined in section 2905.05 of the Revised Code, the offense of 12,093
public indecency as defined in section 2907.09 of the Revised 12,094
Code, the offense of domestic violence as defined in section 12,095
2919.25 of the Revised Code, the offense of violating a 12,096
protection order as defined in section 2919.27 of the Revised 12,097
Code, the offense of menacing by stalking as defined in section 12,099
2903.211 of the Revised Code, the offense of aggravated trespass 12,100
as defined in section 2911.211 of the Revised Code, a theft 12,101
offense as defined in section 2913.01 of the Revised Code, or a 12,102
felony drug abuse offense as defined in section 2925.01 of the 12,103
Revised Code, has been committed within the limits of the 12,104
political subdivision, metropolitan housing authority housing 12,105
project, regional transit authority facilities or those areas of 12,107
a municipal corporation that have been agreed to by a regional 12,109
transit authority and a municipal corporation located within its 12,110
territorial jurisdiction, college, university, or Ohio veterans' 12,111
home in which the peace officer is appointed, employed, or
272
elected OR WITHIN THE LIMITS OF THE TERRITORIAL JURISDICTION OF 12,112
THE PEACE OFFICER, a peace officer described in division (A)(1) 12,114
of this section may arrest and detain until a warrant can be 12,115
obtained any person whom WHO the peace officer has reasonable 12,116
cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the 12,118
execution of any of the following constitutes reasonable ground 12,119
to believe that the offense alleged in the statement was 12,120
committed and reasonable cause to believe that the person alleged 12,121
in the statement to have committed the offense is guilty of the 12,122
violation: 12,123
(a) A written statement by a person alleging that an 12,125
alleged offender has committed the offense of menacing by 12,126
stalking or aggravated trespass; 12,127
(b) A written statement by the administrator of the 12,129
interstate compact on mental health appointed under section 12,130
5119.51 of the Revised Code alleging that a person who had been 12,131
hospitalized, institutionalized, or confined in any facility 12,132
under an order made pursuant to or under authority of section 12,133
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 12,135
2945.402 of the Revised Code has escaped from the facility, from 12,136
confinement in a vehicle for transportation to or from the 12,137
facility, or from supervision by an employee of the facility that 12,138
is incidental to hospitalization, institutionalization, or 12,139
confinement in the facility and that occurs outside of the 12,140
facility, in violation of section 2921.34 of the Revised Code; 12,141
(c) A written statement by the administrator of any 12,144
facility in which a person has been hospitalized, 12,145
institutionalized, or confined under an order made pursuant to or 12,146
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 12,147
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 12,148
the person has escaped from the facility, from confinement in a 12,149
vehicle for transportation to or from the facility, or from 12,150
supervision by an employee of the facility that is incidental to 12,151
273
hospitalization, institutionalization, or confinement in the 12,152
facility and that occurs outside of the facility, in violation of 12,153
section 2921.34 of the Revised Code. 12,154
(3)(a) For purposes of division (B)(1) of this section, a 12,157
peace officer described in that division (A) OF THIS SECTION has 12,158
reasonable grounds to believe that the offense of domestic 12,159
violence or the offense of violating a protection order has been 12,160
committed and reasonable cause to believe that a particular 12,162
person is guilty of committing the offense if any of the 12,163
following occurs:
(i) A person executes a written statement alleging that 12,166
the person in question has committed the offense of domestic 12,167
violence or the offense of violating a protection order against 12,168
the person who executes the statement or against a child of the 12,169
person who executes the statement. 12,170
(ii) No written statement of the type described in 12,173
division (B)(3)(a)(i) of this section is executed, but the peace 12,174
officer, based upon the peace officer's own knowledge and 12,175
observation of the facts and circumstances of the alleged 12,176
incident of the offense of domestic violence or the alleged 12,177
incident of the offense of violating a protection order or based 12,178
upon any other information, including, but not limited to, any 12,179
reasonably trustworthy information given to the peace officer by 12,180
the alleged victim of the alleged incident of the offense or any 12,181
witness of the alleged incident of the offense, concludes that 12,182
there are reasonable grounds to believe that the offense of 12,183
domestic violence or the offense of violating a protection order 12,184
has been committed and reasonable cause to believe that the 12,185
person in question is guilty of committing the offense. 12,186
(iii) No written statement of the type described in 12,189
division (B)(3)(a)(i) of this section is executed, but the peace 12,190
officer witnessed the person in question commit the offense of 12,191
domestic violence or the offense of violating a protection order. 12,192
(b) If pursuant to division (B)(3)(a) of this section a 12,195
274
peace officer has reasonable grounds to believe that the offense 12,196
of domestic violence or the offense of violating a protection 12,197
order has been committed and reasonable cause to believe that a 12,199
particular person is guilty of committing the offense, it is the 12,200
preferred course of action in this state that the officer arrest 12,201
and detain that person pursuant to division (B)(1) of this 12,202
section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace 12,205
officer has reasonable grounds to believe that the offense of 12,206
domestic violence or the offense of violating a protection order 12,207
has been committed and reasonable cause to believe that family or 12,208
household members have committed the offense against each other, 12,209
it is the preferred course of action in this state that the 12,210
officer, pursuant to division (B)(1) of this section, arrest and 12,212
detain until a warrant can be obtained the family or household 12,213
member who committed the offense and whom the officer has 12,214
reasonable cause to believe is the primary physical aggressor. 12,215
There is no preferred course of action in this state regarding 12,216
any other family or household member who committed the offense 12,217
and whom the officer does not have reasonable cause to believe is 12,218
the primary physical aggressor, but, pursuant to division (B)(1) 12,219
of this section, the peace officer may arrest and detain until a 12,220
warrant can be obtained any other family or household member who 12,221
committed the offense and whom the officer does not have 12,222
reasonable cause to believe is the primary physical aggressor. 12,223
(c) If a peace officer described in division (B)(1)(A) of 12,226
this section does not arrest and detain a person whom the officer 12,227
has reasonable cause to believe committed the offense of domestic 12,228
violence or the offense of violating a protection order when it 12,229
is the preferred course of action in this state pursuant to 12,230
division (B)(3)(b) of this section that the officer arrest that 12,232
person, the officer shall articulate in the written report of the 12,233
incident required by section 2935.032 of the Revised Code a clear 12,234
statement of the officer's reasons for not arresting and 12,235
275
detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of 12,238
this section which family or household member is the primary 12,239
physical aggressor in a situation in which family or household 12,240
members have committed the offense of domestic violence or the 12,241
offense of violating a protection order against each other, a 12,242
peace officer described in division (B)(1)(A) of this section, in 12,243
addition to any other relevant circumstances, should consider all 12,244
of the following: 12,245
(i) Any history of domestic violence or of any other 12,248
violent acts by either person involved in the alleged offense 12,249
that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence 12,252
was caused by a person acting in self-defense; 12,253
(iii) Each person's fear of physical harm, if any, 12,256
resulting from the other person's threatened use of force against 12,257
any person or resulting from the other person's use or history of 12,258
the use of force against any person, and the reasonableness of 12,259
that fear;
(iv) The comparative severity of any injuries suffered by 12,262
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (B)(1)(A) of 12,265
this section shall not require, as a prerequisite to arresting or 12,266
charging a person who has committed the offense of domestic 12,267
violence or the offense of violating a protection order, that the 12,268
victim of the offense specifically consent to the filing of 12,269
charges against the person who has committed the offense or sign 12,270
a complaint against the person who has committed the offense. 12,271
(ii) If a person is arrested for or charged with 12,274
committing the offense of domestic violence or the offense of 12,275
violating a protection order and if the victim of the offense 12,276
does not cooperate with the involved law enforcement or 12,277
prosecuting authorities in the prosecution of the offense or, 12,278
subsequent to the arrest or the filing of the charges, informs 12,279
276
the involved law enforcement or prosecuting authorities that the 12,280
victim does not wish the prosecution of the offense to continue 12,281
or wishes to drop charges against the alleged offender relative 12,282
to the offense, the involved prosecuting authorities, in 12,283
determining whether to continue with the prosecution of the 12,284
offense or whether to dismiss charges against the alleged 12,285
offender relative to the offense and notwithstanding the victim's 12,286
failure to cooperate or the victim's wishes, shall consider all 12,287
facts and circumstances that are relevant to the offense, 12,288
including, but not limited to, the statements and observations of 12,289
the peace officers who responded to the incident that resulted in 12,290
the arrest or filing of the charges and of all witnesses to that 12,291
incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) 12,293
of this section whether to arrest a person pursuant to division 12,294
(B)(1) of this section, a peace officer described in division 12,295
(B)(1)(A) of this section shall not consider as a factor any 12,296
possible shortage of cell space at the detention facility to 12,297
which the person will be taken subsequent to the person's arrest 12,299
or any possibility that the person's arrest might cause,
contribute to, or exacerbate overcrowding at that detention 12,300
facility or at any other detention facility. 12,301
(g) If a peace officer described in division (B)(1)(A) of 12,303
this section intends pursuant to divisions (B)(3)(a) to (g) of 12,306
this section to arrest a person pursuant to division (B)(1) of 12,307
this section and if the officer is unable to do so because the 12,309
person is not present, the officer promptly shall seek a warrant 12,310
for the arrest of the person.
(h) If a peace officer described in division (B)(1)(A) of 12,313
this section responds to a report of an alleged incident of the 12,314
offense of domestic violence or an alleged incident of the 12,315
offense of violating a protection order and if the circumstances 12,316
of the incident involved the use or threatened use of a deadly 12,318
weapon or any person involved in the incident brandished a deadly 12,319
277
weapon during or in relation to the incident, the deadly weapon 12,320
that was used, threatened to be used, or brandished constitutes 12,321
contraband, and, to the extent possible, the officer shall seize 12,322
the deadly weapon as contraband pursuant to section 2933.43 of 12,323
the Revised Code. Upon the seizure of a deadly weapon pursuant 12,324
to this division (B)(3)(h) OF THIS SECTION, section 2933.43 of 12,326
the Revised Code shall apply regarding the treatment and 12,327
disposition of the deadly weapon. For purposes of that section, 12,328
the "underlying criminal offense" that was the basis of the 12,329
seizure of a deadly weapon under this division (B)(3)(h) OF THIS 12,331
SECTION and to which the deadly weapon had a relationship is any 12,332
of the following that is applicable: 12,333
(i) The alleged incident of the offense of domestic 12,336
violence or the alleged incident of the offense of violating a 12,337
protection order to which the officer who seized the deadly 12,338
weapon responded;
(ii) Any offense that arose out of the same facts and 12,341
circumstances as the report of the alleged incident of the 12,342
offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who 12,344
seized the deadly weapon responded.
(4) If, in the circumstances described in divisions 12,346
(B)(3)(a) to (g) of this section, a peace officer described in 12,347
division (B)(1)(A) of this section arrests and detains a person 12,348
pursuant to division (B)(1) of this section, or if, pursuant to 12,350
division (B)(3)(h) of this section, a peace officer described in 12,351
division (B)(1)(A) of this section seizes a deadly weapon, the 12,352
officer, to the extent described in and in accordance with 12,353
section 9.86 or 2744.03 of the Revised Code, is immune in any 12,354
civil action for damages for injury, death, or loss to person or 12,355
property that arises from or is related to the arrest and 12,356
detention or the seizure. 12,357
(C) When there is reasonable ground to believe that a 12,359
violation of division (A), (B), or (C) of section 4506.15 or a 12,360
278
violation of section 4511.19 of the Revised Code has been 12,361
committed by a person operating a motor vehicle subject to 12,362
regulation by the public utilities commission of Ohio under Title 12,363
XLIX of the Revised Code, a peace officer with authority to 12,364
enforce that provision of law may stop or detain the person whom 12,365
the officer has reasonable cause to believe was operating the 12,366
motor vehicle in violation of the division or section and, after 12,367
investigating the circumstances surrounding the operation of the 12,368
vehicle, may arrest and detain the person. 12,369
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 12,371
municipal police officer, member of a police force employed by a 12,372
metropolitan housing authority under division (D) of section 12,373
3735.31 of the Revised Code, member of a police force employed by 12,374
a regional transit authority under division (Y) of section 306.35 12,375
of the Revised Code, TOWNSHIP constable, police officer of a 12,376
township or joint township police district, or state university 12,377
law enforcement officer appointed under section 3345.04 of the 12,378
Revised Code, PEACE OFFICER OF THE DEPARTMENT OF NATURAL 12,379
RESOURCES, OR INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT 12,380
DUTIES UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED 12,381
CODE is authorized by division (A) or (B) of this section to 12,383
arrest and detain, within the limits of the political
subdivision, metropolitan housing authority housing project, 12,384
regional transit authority facilities or those areas of a 12,385
municipal corporation that have been agreed to by a regional 12,386
transit authority and a municipal corporation located within its 12,387
territorial jurisdiction, college, or university in which the 12,388
officer is appointed, employed, or elected OR WITHIN THE LIMITS 12,389
OF THE TERRITORIAL JURISDICTION OF THE PEACE OFFICER, a person 12,390
until a warrant can be obtained, the peace officer may, outside 12,391
the limits of that territory, MAY pursue, arrest, and detain that 12,392
person until a warrant can be obtained if all of the following 12,394
apply:
(1) The pursuit takes place without unreasonable delay 12,396
279
after the offense is committed.; 12,397
(2) The pursuit is initiated within the limits of the 12,399
political subdivision, metropolitan housing authority housing 12,400
project, regional transit authority facilities or those areas of 12,401
a municipal corporation that have been agreed to by a regional 12,402
transit authority and a municipal corporation located within its 12,403
territorial jurisdiction, college, or university in which the 12,404
peace officer is appointed, employed, or elected. OR WITHIN THE 12,405
LIMITS OF THE TERRITORIAL JURISDICTION OF THE PEACE OFFICER; 12,406
(3) The offense involved is a felony, a misdemeanor of the 12,408
first degree or a substantially equivalent municipal ordinance, a 12,409
misdemeanor of the second degree or a substantially equivalent 12,410
municipal ordinance, or any offense for which points are 12,411
chargeable pursuant to division (G) of section 4507.021 of the 12,412
Revised Code. 12,413
(E) In addition to the authority granted under division 12,415
(A) or (B) of this section: 12,416
(1) A sheriff or deputy sheriff may arrest and detain, 12,418
until a warrant can be obtained, any person found violating 12,419
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 12,420
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 12,421
Revised Code on the portion of any street or highway that is 12,422
located immediately adjacent to the boundaries of the county in 12,423
which the sheriff or deputy sheriff is elected or appointed. 12,424
(2) A member of the police force of a township police 12,426
district created under section 505.48 of the Revised Code, a 12,427
member of the police force of a joint township police district 12,428
created under section 505.481 of the Revised Code, and OR a 12,429
township constable appointed in accordance with section 509.01 of 12,431
the Revised Code, who has received a certificate from the Ohio 12,432
peace officer training commission under section 109.75 of the 12,433
Revised Code, may arrest and detain, until a warrant can be 12,434
obtained, any person found violating any section or chapter of 12,435
the Revised Code listed in division (E)(1) of this section, other 12,436
280
than sections 4513.33 and 4513.34 of the Revised Code, on the 12,437
portion of any street or highway that is located immediately 12,438
adjacent to the boundaries of the township police district or 12,439
joint township police district, in the case of a member of a 12,440
township police district or joint township police district police 12,441
force, or the unincorporated territory of the township, in the 12,442
case of a township constable. However, if the population of the 12,443
township that created the township police district served by the 12,444
member's police force, or the townships that created the joint 12,445
township police district served by the member's police force, or 12,446
the township that is served by the township constable, is sixty 12,447
thousand or less, the member of the township police district or 12,448
joint police district police force or the township constable may 12,449
not make an arrest under this division (E)(2) OF THIS SECTION on 12,451
a state highway that is included as part of the interstate 12,452
system.
(3) A police officer or village marshal appointed, 12,454
elected, or employed by a municipal corporation may arrest and 12,455
detain, until a warrant can be obtained, any person found 12,456
violating any section or chapter of the Revised Code listed in 12,457
division (E)(1) of this section on the portion of any street or 12,458
highway that is located immediately adjacent to the boundaries of 12,459
the municipal corporation in which the police officer or village 12,460
marshal is appointed, elected, or employed. 12,461
(4) A PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES 12,464
OR AN INDIVIDUAL DESIGNATED TO PERFORM LAW ENFORCEMENT DUTIES 12,465
UNDER SECTION 511.232, 1545.13, OR 6101.75 OF THE REVISED CODE 12,467
MAY ARREST AND DETAIN, UNTIL A WARRANT CAN BE OBTAINED, ANY 12,468
PERSON FOUND VIOLATING ANY SECTION OR CHAPTER OF THE REVISED CODE 12,470
LISTED IN DIVISION (E)(1) OF THIS SECTION, OTHER THAN SECTIONS 12,472
4513.33 AND 4513.34 OF THE REVISED CODE, ON THE PORTION OF ANY 12,474
STREET OR HIGHWAY THAT IS LOCATED IMMEDIATELY ADJACENT TO THE 12,475
BOUNDARIES OF THE LANDS AND WATERS THAT CONSTITUTE THE 12,476
TERRITORIAL JURISDICTION OF THE PEACE OFFICER. 12,477
281
(F)(1) A department of mental health special police 12,479
officer or a department of mental retardation and developmental 12,480
disabilities special police officer may arrest without a warrant 12,481
and detain until a warrant can be obtained any person found 12,482
committing on the premises of any institution under the 12,483
jurisdiction of the particular department a misdemeanor under a 12,484
law of the state.
A department of mental health special police officer or a 12,486
department of mental retardation and developmental disabilities 12,487
special police officer may arrest without a warrant and detain 12,488
until a warrant can be obtained any person who has been 12,489
hospitalized, institutionalized, or confined in an institution 12,490
under the jurisdiction of the particular department pursuant to 12,491
or under authority of section 2945.37, 2945.371, 2945.38, 12,492
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 12,494
who is found committing on the premises of any institution under 12,495
the jurisdiction of the particular department a violation of 12,496
section 2921.34 of the Revised Code that involves an escape from 12,497
the premises of the institution. 12,498
(2)(a) If a department of mental health special police 12,500
officer or a department of mental retardation and developmental 12,501
disabilities special police officer finds any person who has been 12,502
hospitalized, institutionalized, or confined in an institution 12,503
under the jurisdiction of the particular department pursuant to 12,504
or under authority of section 2945.37, 2945.371, 2945.38, 12,505
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 12,507
committing a violation of section 2921.34 of the Revised Code 12,508
that involves an escape from the premises of the institution, or 12,509
if there is reasonable ground to believe that a violation of 12,510
section 2921.34 of the Revised Code has been committed that 12,511
involves an escape from the premises of an institution under the 12,512
jurisdiction of the department of mental health or the department 12,513
of mental retardation and developmental disabilities and if a 12,514
department of mental health special police officer or a 12,515
282
department of mental retardation and developmental disabilities 12,516
special police officer has reasonable cause to believe that a 12,517
particular person who has been hospitalized, institutionalized, 12,518
or confined in the institution pursuant to or under authority of 12,519
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 12,520
or 2945.402 of the Revised Code is guilty of the violation, the 12,521
special police officer, outside of the premises of the 12,522
institution, may pursue, arrest, and detain that person for that 12,523
violation of section 2921.34 of the Revised Code, until a warrant 12,524
can be obtained, if both of the following apply: 12,525
(i) The pursuit takes place without unreasonable delay 12,527
after the offense is committed.; 12,528
(ii) The pursuit is initiated within the premises of the 12,530
institution from which the violation of section 2921.34 of the 12,531
Revised Code occurred. 12,532
(b) For purposes of division (F)(2)(a) of this section, 12,534
the execution of a written statement by the administrator of the 12,535
institution in which a person had been hospitalized, 12,536
institutionalized, or confined pursuant to or under authority of 12,537
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 12,539
or 2945.402 of the Revised Code alleging that the person has 12,540
escaped from the premises of the institution in violation of 12,541
section 2921.34 of the Revised Code constitutes reasonable ground 12,542
to believe that the violation was committed and reasonable cause 12,543
to believe that the person alleged in the statement to have 12,544
committed the offense is guilty of the violation. 12,545
(G) As used in this section: 12,547
(1) A "department of mental health special police officer" 12,549
means a special police officer of the department of mental health 12,550
designated under section 5119.14 of the Revised Code who is 12,551
certified by the Ohio peace officer training commission under 12,552
section 109.77 of the Revised Code as having successfully 12,553
completed an approved peace officer basic training program. 12,554
(2) A "department of mental retardation and developmental 12,556
283
disabilities special police officer" means a special police 12,558
officer of the department of mental retardation and developmental 12,559
disabilities designated under section 5123.13 of the Revised Code 12,560
who is certified by the Ohio peace officer training council under 12,561
section 109.77 of the Revised Code as having successfully 12,562
completed an approved peace officer basic training program. 12,563
(3) "Deadly weapon" has the same meaning as in section 12,565
2923.11 of the Revised Code. 12,566
(4) "Family or household member" has the same meaning as 12,568
in section 2919.25 of the Revised Code. 12,569
(5) "Street" or "highway" has the same meaning as in 12,571
section 4511.01 of the Revised Code. 12,572
(6) "Interstate system" has the same meaning as in section 12,574
5516.01 of the Revised Code. 12,575
(7) "PEACE OFFICER OF THE DEPARTMENT OF NATURAL RESOURCES" 12,578
MEANS AN EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A 12,580
NATURAL RESOURCES LAW ENFORCEMENT STAFF OFFICER DESIGNATED
PURSUANT TO SECTION 1501.013, A FOREST OFFICER DESIGNATED 12,581
PURSUANT TO SECTION 1503.29, A PRESERVE OFFICER DESIGNATED 12,582
PURSUANT TO SECTION 1517.10, A WILDLIFE OFFICER DESIGNATED 12,583
PURSUANT TO SECTION 1531.13, A PARK OFFICER DESIGNATED PURSUANT 12,584
TO SECTION 1541.10, OR A STATE WATERCRAFT OFFICER DESIGNATED 12,586
PURSUANT TO SECTION 1547.521 OF THE REVISED CODE. 12,587
Sec. 3937.42. (A) The chief or head law enforcement 12,596
officer of any federal, state, or local law enforcement agency or 12,597
a prosecuting attorney of any county may request any insurance 12,598
company, or agent authorized by the company to act on its behalf, 12,599
that has investigated or is investigating a claim involving motor 12,600
vehicle insurance OR VESSEL INSURANCE to release any information 12,601
in its possession relevant to the claim. The company or agent 12,603
shall release the information that is requested in writing by the 12,604
law enforcement officer. 12,605
(B) If an insurance company, or agent authorized by the 12,607
company to act on its behalf, has reason to suspect that a loss 12,608
284
involving a motor vehicle OR VESSEL that is insured by the 12,609
company is part of a fraudulent scheme to obtain control of motor 12,611
vehicle insurance proceeds, the company or agent shall notify a 12,612
law enforcement officer or a prosecuting attorney of any county 12,613
having jurisdiction over the alleged fraud. 12,614
(C) An insurance company, or agent authorized by the 12,616
company to act on its behalf, shall release any information 12,617
requested in writing pursuant to division (A) of this section and 12,618
cooperate with the officer or a prosecuting attorney of any 12,619
county authorized to request the information. The company or 12,620
agent shall take such action as may be reasonably requested of it 12,621
by the officer or a prosecuting attorney of any county and shall 12,622
permit any other person ordered by a court to inspect any 12,623
information that is specifically requested by the court. 12,624
The information that may be requested pursuant to this 12,626
section may include, but is not limited to, the following: 12,627
(1) Any insurance policy relevant to the claim under 12,629
investigation and any application for such a policy; 12,630
(2) Policy premium payment records; 12,632
(3) History of previous motor vehicle claims INVOLVING A 12,634
MOTOR VEHICLE OR VESSEL made by the insured; 12,636
(4) Material relating to the investigation of the claim, 12,638
including statements of any person, proof of loss, and any other 12,639
relevant evidence. 12,640
(D) If the law enforcement officer or a prosecuting 12,642
attorney of any county mentioned in division (A) of this section 12,643
has received information pursuant to this section from an 12,644
insurance company, or agent authorized by the company to act on 12,645
its behalf, the officer or a prosecuting attorney of any county 12,646
may release to, and share with, the insurance company or agent 12,647
any information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 12,648
possession relative to the claim, upon the written request of the 12,650
insurance company or agent.
(E) In the absence of fraud, recklessness, or malice, no 12,652
285
insurance company, or agent authorized by the company to act on 12,653
its behalf, is liable for damages in any civil action, including 12,654
any action brought pursuant to section 1347.10 of the Revised 12,655
Code for any oral or written statement made or any other action 12,656
taken that is necessary to supply information required pursuant 12,657
to this section. 12,658
(F) Except as otherwise provided in division (D) of this 12,660
section, any officer or a prosecuting attorney of any county 12,661
receiving any information furnished pursuant to this section 12,662
shall hold the information in confidence and shall not disclose 12,663
it to anyone except other law enforcement officers or agencies 12,664
until its release is required pursuant to a criminal or civil 12,665
proceeding. 12,666
(G) Any officer or a prosecuting attorney of any county 12,668
referred to in division (A) of this section may testify as to any 12,669
information in his THE OFFICER'S OR PROSECUTING ATTORNEY'S 12,670
possession regarding the claim referred to in that division in 12,672
any civil action in which any person seeks recovery under a 12,673
policy against an insurance company.
(H) As used in this section, "motor vehicle": 12,675
(1) "MOTOR VEHICLE" has the same meaning as in section 12,678
4501.01 of the Revised Code.
(2) "VESSEL" HAS THE SAME MEANING AS IN SECTION 1547.01 OF 12,680
THE REVISED CODE.
(I)(1) No person shall purposely refuse to release any 12,682
information requested pursuant to this section by an officer or a 12,683
prosecuting attorney of any county authorized by division (A) of 12,684
this section to request the information. 12,685
(2) No person shall purposely refuse to notify an 12,687
appropriate law enforcement officer or a prosecuting attorney of 12,688
any county of a loss required to be reported pursuant to division 12,689
(B) of this section. 12,690
(3) No person shall purposely fail to hold in confidence 12,692
information required to be held in confidence by division (F) of 12,693
286
this section. 12,694
Sec. 4905.03. As used in this chapter: 12,704
(A) Any person, firm, copartnership, voluntary 12,706
association, joint-stock association, company, or corporation, 12,707
wherever organized or incorporated, is: 12,708
(1) A telegraph company, when engaged in the business of 12,710
transmitting telegraphic messages to, from, through, or in this 12,711
state; 12,712
(2) A telephone company, when engaged in the business of 12,714
transmitting telephonic messages to, from, through, or in this 12,715
state and as such is a common carrier; 12,716
(3) A motor transportation company, when engaged in the 12,718
business of carrying and transporting persons or property or the 12,719
business of providing or furnishing such transportation service, 12,720
for hire, in or by motor-propelled vehicles of any kind, 12,721
including trailers, for the public in general, over any public 12,722
street, road, or highway in this state, except as provided in 12,723
section 4921.02 of the Revised Code; 12,724
(4) An electric light company, when engaged in the 12,726
business of supplying electricity for light, heat, or power 12,727
purposes to consumers within this state; 12,728
(5) A gas company, when engaged in the business of 12,730
supplying artificial gas for lighting, power, or heating purposes 12,731
to consumers within this state or when engaged in the business of 12,732
supplying artificial gas to gas companies or to natural gas 12,733
companies within this state, but a producer engaged in supplying 12,734
to one or more gas or natural gas companies, only such artifical 12,735
ARTIFICIAL gas as is manufactured by such THAT producer as a 12,736
by-product of some other process in which such THE producer is 12,737
primarily engaged within this state is not thereby a gas company. 12,738
All rates, rentals, tolls, schedules, charges of any kind, or 12,739
agreements between any gas company and any other gas company or 12,740
any natural gas company providing for the supplying of artificial 12,741
gas and for compensation for the same, are subject to the 12,742
287
jurisdiction of the public utilities commission. 12,743
(6) A natural gas company, when engaged in the business of 12,745
supplying natural gas for lighting, power, or heating purposes to 12,746
consumers within this state, or when engaged in the business of 12,747
supplying natural gas to gas companies or to natural gas 12,748
companies within this state, but where a producer supplies to one 12,749
or more gas or natural gas companies only such gas as is produced 12,750
by such producer from wells drilled on land owned in fee by such 12,751
producer or where the principal use of such land by said producer 12,752
is other than the production of gas, within this state, such 12,753
producer is not thereby a natural gas company. All. 12,754
NOTWITHSTANDING THE ABOVE, NEITHER THE DELIVERY NOR SALE OF 12,756
OHIO-PRODUCED NATURAL GAS BY A PRODUCER OR GATHERER UNDER A 12,757
PUBLIC UTILITIES COMMISSION-ORDERED EXEMPTION, ADOPTED BEFORE, AS 12,758
TO PRODUCERS, OR AFTER, AS TO PRODUCERS OR GATHERERS, JANUARY 1, 12,759
1996, OR THE DELIVERY OR SALE OF OHIO-PRODUCED NATURAL GAS BY A 12,760
PRODUCER OR GATHERER OF OHIO-PRODUCED NATURAL GAS, EITHER TO A 12,763
LESSOR UNDER AN OIL AND GAS LEASE OF THE LAND ON WHICH THE 12,764
PRODUCER'S DRILLING UNIT IS LOCATED, OR THE GRANTOR INCIDENT TO A 12,765
RIGHT-OF-WAY OR EASEMENT TO THE PRODUCER OR GATHERER, SHALL CAUSE 12,766
THE PRODUCER OR GATHERER TO BE A NATURAL GAS COMPANY FOR THE 12,767
PURPOSES OF THIS SECTION.
ALL rates, rentals, tolls, schedules, charges of any kind, 12,770
or agreements between a natural gas company and other natural gas 12,771
companies or gas companies providing for the supply of natural 12,772
gas and for compensation for the same, are subject to the 12,773
jurisdiction of the public utilities commission. The commission 12,774
may, upon application made to it, MAY relieve any producer OR 12,775
GATHERER of natural gas, defined in this section as a gas company 12,777
or a natural gas company, of compliance with the obligations 12,778
imposed by THIS CHAPTER AND Chapters 4901., 4903., 4905., 4907., 12,780
4909., 4921., and 4923. of the Revised Code, so long as such THE 12,781
producer OR GATHERER is not affiliated with or under the control 12,782
of a gas company or a natural gas company engaged in the 12,784
288
transportation or distribution of natural gas, or so long as such 12,785
THE producer OR GATHERER does not engage in the distribution of 12,786
natural gas to consumers.
NOTHING IN DIVISION (A)(6) OF THIS SECTION LIMITS THE 12,788
AUTHORITY OF THE COMMISSION TO ENFORCE SECTIONS 4905.90 TO 12,789
4905.96 OF THE REVISED CODE.
(7) A pipe-line company, when engaged in the business of 12,791
transporting natural gas, oil, or coal or its derivatives through 12,792
pipes or tubing, either wholly or partly within this state; 12,793
(8) A water-works company, when engaged in the business of 12,795
supplying water through pipes or tubing, or in a similar manner, 12,796
to consumers within this state; 12,797
(9) A heating or cooling company, when engaged in the 12,799
business of supplying water, steam, or air through pipes or 12,800
tubing to consumers within this state for heating or cooling 12,801
purposes; 12,802
(10) A messenger company, when engaged in the business of 12,804
supplying messengers for any purpose; 12,805
(11) A street railway company, when engaged in the 12,807
business of operating as a common carrier, a railway, wholly or 12,808
partly within this state, with one or more tracks upon, along, 12,809
above, or below any public road, street, alleyway, or ground, 12,810
within any municipal corporation, operated by any motive power 12,811
other than steam and not a part of an interurban railroad, 12,812
whether such THE railway is termed street, inclined-plane, 12,813
elevated, or underground railway; 12,815
(12) A suburban railroad company, when engaged in the 12,817
business of operating as a common carrier, whether wholly or 12,818
partially within this state, a part of a street railway 12,819
constructed or extended beyond the limits of a municipal 12,820
corporation, and not a part of an interurban railroad; 12,821
(13) An interurban railroad company, when engaged in the 12,823
business of operating a railroad, wholly or partially within this 12,824
state, with one or more tracks from one municipal corporation or 12,825
289
point in this state to another municipal corporation or point in 12,826
this state, whether constructed upon the public highways or upon 12,827
private rights-of-way, outside of municipal corporations, using 12,828
electricity or other motive power than steam power for the 12,829
transportation of passengers, packages, express matter, United 12,830
States mail, baggage, and freight. Such AN interurban railroad 12,831
company is included in the term "railroad" as used in section 12,832
4907.02 of the Revised Code;. 12,833
(14) A sewage disposal system company, when engaged in the 12,835
business of sewage disposal services through pipes or tubing, and 12,836
treatment works, or in a similar manner, within this state. 12,837
(B) "Motor-propelled vehicle" means any automobile, 12,839
automobile truck, motor bus, or any other self-propelled vehicle 12,840
not operated or driven upon fixed rails or tracks. 12,841
Nothing in this section shall be construed to mean that an 12,843
electric light company operated not for profit, owned and 12,844
operated exclusively by and solely for its customers, or owned or 12,845
operated by a municipal corporation, is subject to sections 12,846
4905.66, 4905.67, 4905.68, and 4905.69 of the Revised Code. 12,847
Sec. 5749.02. (A) For the purpose of providing revenue to 12,857
administer the state's coal mining and reclamation regulatory 12,858
program, to meet the environmental and resource management needs 12,859
of this state, and to reclaim land affected by mining, an excise 12,860
tax is hereby levied on the privilege of engaging in the 12,861
severance of natural resources from the soil or water of this 12,862
state. The tax shall be imposed upon the severer and shall be: 12,863
(1) Seven cents per ton of coal; 12,865
(2) Four cents per ton of salt; 12,867
(3) Two cents per ton of limestone or dolomite; 12,869
(4) Two cents per ton of sand and gravel; 12,871
(5) Ten cents per barrel of oil; 12,873
(6) Two and one-half cents per thousand cubic feet of 12,875
natural gas; 12,876
(7) One cent per ton of clay, sandstone or conglomerate, 12,878
290
shale, gypsum, or quartzite. 12,879
(B) Of the moneys received by the treasurer of state from 12,881
the tax levied in division (A)(1) of this section, six and 12,882
three-tenths per cent shall be credited to the geological mapping 12,883
fund created in section 1505.09 of the Revised Code, fourteen and 12,884
two-tenths per cent shall be credited to the defaulted areas 12,885
RECLAMATION SUPPLEMENTAL FORFEITURE fund created in division (B) 12,887
of section 1513.18 of the Revised Code, fifty-seven and 12,888
nine-tenths per cent shall be credited to the coal mining 12,889
administration and reclamation reserve fund created in section 12,890
1513.181 of the Revised Code, and the remainder shall be credited 12,891
to the unreclaimed lands fund created in section 1513.30 of the 12,892
Revised Code. When, within ten days before or after the 12,893
beginning of a fiscal year, the chief of the division of mines 12,894
and reclamation finds that the balance of the coal mining
administration and reclamation reserve fund is below two million 12,895
dollars, the chief shall certify that fact to the director of 12,896
budget and management. Upon receipt of the chief's 12,897
certification, the director shall direct the treasurer of state 12,898
to instead credit to the coal mining administration and 12,899
reclamation reserve fund during the fiscal year for which the 12,900
certification is made the fourteen and two-tenths per cent of the 12,901
moneys collected from the tax levied in division (A)(1) of this 12,902
section and otherwise required by this division to be credited to 12,903
the defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund. 12,904
Fifteen per cent of the moneys received by the treasurer of 12,906
state from the tax levied in division (A)(2) of this section 12,907
shall be credited to the geological mapping fund and the 12,908
remainder shall be credited to the unreclaimed lands fund. 12,909
Of the moneys received by the treasurer of state from the 12,911
tax levied in divisions (A)(3) and (4) of this section, seven and 12,912
five-tenths per cent shall be credited to the geological mapping 12,913
fund, forty-two and five-tenths per cent shall be credited to the 12,914
unreclaimed lands fund, and the remainder shall be credited to 12,915
291
the surface mining administration fund created in section 1514.11 12,916
of the Revised Code. 12,917
Of the moneys received by the treasurer of state from the 12,919
tax levied in divisions (A)(5) and (6) of this section, twenty 12,920
per cent shall be credited to the oil and gas well plugging fund 12,923
created in section 1509.071 of the Revised Code, ten per cent 12,924
shall be credited to the geological mapping fund, and seventy per 12,925
cent shall be credited to the oil and gas permit fund created in 12,927
section 1509.02 of the Revised Code. All of the moneys received 12,928
by the treasurer of state from the tax levied in division (A)(7) 12,929
of this section shall be credited to the surface mining 12,930
administration fund.
(C) For the purpose of paying the state's expenses for 12,932
reclaiming coal mined lands that the operator failed to reclaim 12,933
in accordance with Chapter 1513. of the Revised Code under a coal 12,934
mining and reclamation permit issued under that chapter on or 12,935
after September 1, 1981, and CHAPTER 1513. OF THE REVISED CODE, 12,936
OR UNDER A SURFACE MINING PERMIT ISSUED UNDER CHAPTER 1514. OF 12,937
THE REVISED CODE, for which the operator's bond is not sufficient 12,939
to pay the state's expense for reclamation, there is hereby 12,940
levied an excise tax on the privilege of engaging in the
severance of coal from the soil or water of this state in 12,941
addition to the taxes levied by divisions (A)(1) and (D) of this 12,942
section. The tax shall be imposed at the rate of one cent per 12,943
ton of coal as prescribed in this division. Moneys received by 12,944
the treasurer of state from the tax levied under this division 12,945
shall be credited to the reclamation supplemental forfeiture fund 12,946
created in division (D)(B) of section 1513.18 of the Revised 12,947
Code. 12,948
The tax levied by this division shall be imposed when, 12,950
during any fiscal year, the balance of the reclamation 12,951
supplemental forfeiture fund is reduced below two million dollars 12,952
and five hundred thousand dollars has been transferred to the 12,953
reclamation supplemental forfeiture fund from the unreclaimed 12,954
292
lands fund during the fiscal year. The tax shall be imposed in 12,955
the calendar year following the close of the fiscal year during 12,956
which the balance is so reduced and shall continue to be imposed 12,957
until the end of the calendar year in which the balance of the 12,958
reclamation supplemental forfeiture fund is restored to two 12,959
million dollars, at which time the imposition of the tax shall be 12,960
suspended until the time that the circumstances requiring the tax 12,961
to be imposed recur. 12,962
When, at the close of the fiscal year, the chief of the 12,964
division of mines and reclamation finds that the balance of the 12,965
reclamation supplemental forfeiture fund is below two million 12,966
dollars and that five hundred thousand dollars has been 12,967
transferred to the fund previously in the fiscal year, the chief, 12,968
within thirty days after the close of the fiscal year, shall 12,969
certify that fact to the tax commissioner, at which time the 12,970
circumstances requiring the imposition of the tax shall be deemed 12,971
to have occurred. 12,972
(D) For the purpose of paying the state's expenses for 12,974
reclaiming coal mined lands that the operator failed to reclaim 12,975
in accordance with Chapter 1513. of the Revised Code under a coal 12,976
mining and reclamation permit issued after April 10, 1972, but 12,977
before September 1, 1981, for which the operator's bond is not 12,978
sufficient to pay the state's expense for reclamation and paying 12,979
the expenses for administering the state's coal mining and 12,980
reclamation regulatory program, there is hereby levied an excise 12,981
tax on the privilege of engaging in the severance of coal from 12,982
the soil or water of this state in addition to the taxes levied 12,983
by divisions (A)(1) and (C) of this section. The tax shall be 12,984
imposed at the rate of one cent per ton of coal as prescribed in 12,985
this division. Moneys received by the treasurer of state from 12,986
the tax levied by this division shall be credited to the 12,987
defaulted areas RECLAMATION SUPPLEMENTAL FORFEITURE fund created 12,988
in division (B) of section 1513.18 of the Revised Code. 12,990
When, at the close of any fiscal year, the chief finds that 12,992
293
the balance of the defaulted areas RECLAMATION SUPPLEMENTAL 12,993
FORFEITURE fund, plus estimated transfers to it from the coal 12,995
mining and reclamation reserve fund under section 1513.181 of the 12,996
Revised Code, plus the estimated revenues from the tax levied by 12,997
this division for the remainder of the calendar year that 12,998
includes the close of the fiscal year, are sufficient to complete 12,999
the reclamation of such lands, the purposes for which the tax 13,000
under this division is levied shall be deemed accomplished at the 13,001
end of that calendar year. The chief, within thirty days after 13,002
the close of the fiscal year, shall certify his THOSE findings to 13,003
the tax commissioner, and the tax shall cease to be imposed after 13,005
the last day of that calendar year.
(E) On the day fixed for the payment of the severance 13,007
taxes required to be paid by this section, the taxes with any 13,008
penalties or interest thereon ON THEM shall become a lien on all 13,010
property of the taxpayer in this state, whether the property is 13,011
employed by the taxpayer in the prosecution of its business or is 13,012
in the hands of an assignee, trustee, or receiver for the benefit 13,013
of creditors or stockholders. The lien shall continue until the 13,014
taxes and any penalties or interest thereon are paid. 13,015
Upon failure of the taxpayer to pay a tax on the day fixed 13,017
for payment, the tax commissioner may file, for which no filing 13,018
fee shall be charged, in the office of the county recorder in 13,019
each county in this state in which the taxpayer owns or has a 13,020
beneficial interest in real estate, notice of the lien containing 13,021
a brief description of the real estate. The lien shall not be 13,022
valid as against any mortgagee, purchaser, or judgment creditor 13,023
whose rights have attached prior to the time the notice is filed 13,024
in the county in which the real estate that is the subject of the 13,026
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 13,027
"severance tax lien record" and indexed under the name of the 13,028
taxpayer charged with the tax. When the tax has been paid, the 13,029
tax commissioner shall furnish to the taxpayer an acknowledgement 13,030
294
of payment, which the taxpayer may record with the recorder of 13,031
each county in which notice of the lien has been filed. 13,032
Sec. 6111.42. The environmental protection agency shall DO 13,041
ALL OF THE FOLLOWING: 13,042
(A) Collect PRIMARILY WITH REGARD TO WATER QUALITY, 13,044
COLLECT, study, and interpret all available information, 13,046
statistics, and data pertaining to the supply, use, conservation, 13,047
and replenishment of the underground GROUND and surface waters in 13,049
the state IN COORDINATION WITH OTHER AGENCIES OF THIS STATE;
(B) Be PRIMARILY WITH REGARD TO WATER QUALITY, BE 13,051
authorized to cooperate with and negotiate for the state with any 13,053
agency of the United States government, OF THIS STATE, or agency 13,054
of any other state pertaining to the water resources of the 13,055
state; 13,056
(C) Be authorized to perform stream gauging and contract 13,058
with the United States government or any other agency for the 13,059
gauging of any streams within the state; 13,060
(D) Have authority to furnish information to all public 13,062
officials, offices, and agencies of and in the state, and to 13,063
farmers, well drillers, water consumers, industries, and any 13,064
other persons seeking information regarding water resources; 13,065
(E) Prescribe such regulations subject to and ADOPT RULES 13,067
in accordance with sections 119.01 to 119.13 CHAPTER 119. of the 13,069
Revised Code, for the drilling, operation, maintenance, and 13,070
abandonment of wells as THAT are deemed DETERMINED TO BE 13,071
necessary by the director of environmental protection to prevent 13,073
the contamination of the underground GROUND waters in the state, 13,075
except that such regulations THE RULES shall not apply to wells 13,077
for the provision of water for human consumption unless they are 13,078
used, or are for use, by a public water system as defined in 13,079
section 6109.01 of the Revised Code. No person shall violate any 13,080
such regulation A RULE ADOPTED UNDER THIS DIVISION.
(F) Have access to all information and statistics which 13,082
THAT any public authority within the state has available which 13,083
295
AND THAT the director deems DETERMINES ARE pertinent to its 13,085
duties;
(G) Have authority to prepare an accurate map and 13,087
description of the territorial boundaries of proposed watershed 13,088
districts within the state. Such THE map and description shall 13,089
follow the property line, section line, half section line, or 13,090
patent line which THAT is nearest to the hydrologic boundary of 13,091
the proposed watershed district. There shall be not less than 13,093
fifteen nor more than eighteen proposed watershed districts in 13,094
the state, and each shall be composed of one or more major river 13,095
watersheds. When a map and a description of a proposed watershed 13,096
district has been completed, the director shall cause a copy 13,097
thereof OF THEM to be filed with the secretary of state and the 13,098
board of county commissioners of each county contained in whole 13,100
or in part within the territorial boundaries of such THE proposed 13,101
watershed district. 13,102
Section 2. That existing sections 109.71, 109.751, 109.77, 13,104
109.801, 109.802, 145.01, 145.33, 149.01, 505.82, 918.12, 971.01, 13,105
1501.02, 1501.10, 1502.01, 1502.03, 1502.04, 1502.05, 1502.99, 13,107
1503.05, 1503.29, 1503.43, 1504.02, 1505.10, 1505.99, 1506.02, 13,108
1506.11, 1507.05, 1509.01, 1509.06, 1509.07, 1509.071, 1509.072, 13,109
1509.13, 1509.14, 1509.22, 1509.222, 1509.31, 1511.02, 1511.022, 13,110
1513.02, 1513.18, 1513.181, 1513.20, 1513.30, 1513.37, 1515.03, 13,111
1515.08, 1515.24, 1517.10, 1517.14, 1517.99, 1518.20, 1518.21, 13,112
1518.22, 1518.23, 1518.24, 1518.25, 1518.26, 1518.27, 1518.99, 13,113
1520.01, 1520.02, 1520.03, 1521.03, 1521.05, 1531.01, 1531.06, 13,114
1531.13, 1531.20, 1531.33, 1531.99, 1533.01, 1533.06, 1533.08, 13,115
1533.10, 1533.12, 1533.171, 1533.24, 1533.67, 1533.68, 1533.70, 13,116
1533.71, 1533.74, 1533.82, 1533.99, 1541.03, 1541.10, 1547.01, 13,117
1547.03, 1547.04, 1547.08, 1547.09, 1547.111, 1547.12, 1547.13, 13,118
1547.131, 1547.14, 1547.15, 1547.22, 1547.25, 1547.251, 1547.26, 13,119
1547.30, 1547.302, 1547.31, 1547.33, 1547.39, 1547.40, 1547.52, 13,120
1547.521, 1547.531, 1547.54, 1547.542, 1547.543, 1547.57,
1547.69, 1548.01, 1548.05, 1548.06, 1553.01, 1553.02, 1553.05, 13,121
296
1553.08, 2935.01, 2935.03, 3937.42, 4905.03, 5749.02, and 6111.42 13,123
and sections 1515.06, 1515.071, and 1553.07 of the Revised Code 13,124
are hereby repealed.
Section 3. That the version of section 1547.31 of the 13,126
Revised Code, as enacted by Am. S.B. 295 of the 121st General 13,127
Assembly, that takes effect on January 1, 2000, be amended to 13,128
read as follows: 13,129
Sec. 1547.31. (A) Every powercraft operated on the waters 13,139
in this state shall be equipped at all times with a muffler or a 13,140
muffler system that is in good working order, in constant 13,141
operation, and effectively installed to prevent excessive or 13,142
unusual noise.
(B)(1) No person shall operate or give permission for the 13,145
operation of a powercraft on the waters in this state in such a 13,146
manner as to exceed a noise level of ninety decibels on the "A" 13,148
scale when subjected to a stationary sound level test as 13,149
prescribed by SAE J2005. 13,151
(2) No person shall operate OR GIVE PERMISSION FOR THE 13,153
OPERATION OF a powercraft on the waters in this state in such a 13,155
manner as to exceed a noise level of seventy-five decibels on the 13,156
"A" scale measured as specified by SAE J1970. Measurement of a 13,159
noise level of not more than seventy-five decibels on the "A" 13,161
scale of a powercraft in operation does not preclude the 13,162
conducting of a stationary sound level test as prescribed by SAE 13,163
J2005. 13,164
(C) No person shall operate or give permission for the 13,167
operation of a powercraft on the waters in this state that is 13,168
equipped with an altered muffler or muffler cutout, or operate or 13,169
give permission for the operation of a powercraft on the waters 13,170
in this state in any manner that bypasses or otherwise reduces or 13,171
eliminates the effectiveness of any muffler or muffler system 13,172
installed in accordance with this section, unless the applicable 13,173
mechanism has been permanently disconnected or made inoperable. 13,174
(D) No person shall remove, alter, or otherwise modify in 13,177
297
any way a muffler or muffler system in a manner that will prevent 13,178
it from being operated in accordance with this section. 13,179
(E) No person shall manufacture, sell, or offer for sale a 13,182
powercraft that is not equipped with a muffler or muffler system 13,183
that prevents noise levels in excess of those established in 13,184
division (B)(1) of this section. 13,185
(F) This section does not apply to any of the following: 13,188
(1) A powercraft that is designed, manufactured, and sold 13,191
for the sole purpose of competing in racing events. The
exception established under division (F)(1) of this section shall 13,193
be documented in each sale agreement and shall be acknowledged 13,194
formally by the signatures of the buyer and the seller. The 13,195
buyer and the seller shall maintain copies of the sale agreement. 13,197
A copy of the sale agreement shall be kept aboard the powercraft 13,198
when it is operated. A powercraft to which the exception 13,199
established under division (F)(1) of this section applies shall 13,201
be operated on the waters in this state only in accordance with 13,202
division (F)(2) of this section. 13,203
(2) A powercraft that is actually participating in a 13,205
sanctioned racing event or in tune-up periods for a sanctioned 13,206
racing event on the waters in this state and that is being 13,207
operated in accordance with division (F)(2) of this section. For 13,209
the purposes of division (F)(2) of this section, a sanctioned 13,211
racing event is a racing event that is conducted in accordance 13,212
with section 1547.20 of the Revised Code or that is approved by 13,214
the United States coast guard. The operator of a powercraft that 13,217
is operated on the waters in this state for the purpose of a 13,218
sanctioned racing event shall comply with that section and 13,219
requirements established under it or with requirements 13,220
established by the coast guard, as appropriate. Failure to 13,221
comply subjects the operator to this section.
(3) A powercraft that is being operated on the waters in 13,224
this state by or for a boat or engine manufacturer for the
purpose of testing, development, or both and that complies with 13,225
298
division (F)(3) of this section. The operator of such a 13,227
powercraft shall have aboard at all times and shall produce on 13,228
demand of a law enforcement officer a current, valid letter 13,229
issued by the chief of the division of watercraft in accordance 13,230
with rules adopted under division (I)(1) of this section. 13,232
Failure to produce the letter subjects the operator to this 13,233
section.
(G) A law enforcement officer who is trained in accordance 13,236
with rules adopted under division (I)(2) of this section and who 13,238
has reason to believe that a powercraft is not in compliance with 13,239
the noise levels established in this section may direct the 13,240
operator of the powercraft to submit it to an on-site test to 13,241
measure the level of the noise emitted by the powercraft. The 13,242
operator shall comply with that direction. The officer may 13,243
remain aboard the powercraft during the test at the officer's 13,244
discretion.
If the level of the noise emitted by the powercraft exceeds 13,247
the noise levels established in this section, the officer may 13,248
direct the operator to take immediate and reasonable measures to 13,249
correct the violation, including returning the powercraft to a 13,250
mooring and keeping it at the mooring until the violation is 13,251
corrected or ceases.
(H) A law enforcement officer who conducts powercraft 13,254
noise level tests pursuant to this section shall be trained to do 13,255
so in accordance with rules adopted under division (I)(2) of this 13,257
section.
(I) In accordance with Chapter 119. of the Revised Code, 13,262
the chief shall adopt rules establishing both of the following: 13,263
(1) Requirements and procedures for the issuance of 13,265
letters under division (F)(3) of this section. The rules shall 13,267
require, without limitation, that each such letter adequately 13,268
identify the powercraft concerning which the letter is issued and 13,269
specify the purposes for which the powercraft is being operated. 13,270
(2) Requirements and procedures for the training of law 13,273
299
enforcement officers who conduct powercraft noise level tests 13,274
pursuant to this section. The rules shall require the training 13,275
to include, without limitation, the selection of a site where 13,276
noise level is measured and the calibration and use of noise 13,277
measurement equipment.
Section 4. That all existing versions of section 1547.31 13,279
of the Revised Code are hereby repealed. 13,280
Section 5. Sections 3 and 4 of this act shall take effect 13,282
January 1, 2000. 13,283
Section 6. As used in this section, "natural resources law 13,285
enforcement staff officer and "preserve officer" have the same 13,286
meanings as in section 145.01 of the Revised Code, as amended by 13,287
this act.
Not later than ninety days after the effective date of this 13,289
act, each natural resources law enforcement staff officer and
each preserve officer, who is a member of the Public Employees 13,291
Retirement System shall indicate to the system, on a form 13,292
supplied by the retirement system, a choice of whether to receive 13,293
benefits under division (A) of section 145.33 of the Revised Code 13,294
or division (B) of that section.
Section 7. All rules adopted by the Chief of the Division 13,296
of Natural Areas and Preserves in the Department of Natural 13,297
Resources pursuant to section 1518.22 of the Revised Code, as it 13,298
existed prior to the effective date of this act, continue in 13,299
effect as rules until amended or rescinded by the Chief of the 13,300
Division of Wildlife in that Department pursuant to section 13,301
1533.88 of the Revised Code, as amended by this act. If 13,302
necessary to ensure the integrity of the numbering of the 13,303
Administrative Code, the Director of the Legislative Service 13,304
Commission shall renumber the rules of the Division of Natural 13,305
Areas and Preserves to reflect their transfer to the Division of 13,306
Wildlife. 13,307
Section 8. The amendments to section 4905.03 of the 13,309
Revised Code by this act shall not be construed to modify rules 13,310
300
and orders of the Public Utilities Commission in existence on the 13,311
effective date of this act.
Section 9. Section 109.77 of the Revised Code is presented 13,313
in this act as a composite of the section as amended by both Sub. 13,314
H.B. 670 and Am. Sub. S.B. 285 of the 121st General Assembly, 13,315
with the new language of neither of the acts shown in capital 13,316
letters. Section 109.802 of the Revised Code is presented in 13,317
this act as a composite of the section as amended by both Am. 13,318
Sub. H.B. 566 and Sub. H.B. 670 of the 121st General Assembly, 13,319
with the new language of neither of the acts shown in capital 13,320
letters. Section 145.33 of the Revised Code is presented in this 13,322
act as a composite of the section as amended by both Am. Sub. 13,323
H.B. 379 and Am. Sub. H.B. 450 of the 121st General Assembly, 13,324
with the new language of neither of the acts shown in capital 13,325
letters. Section 1511.02 of the Revised Code is presented in 13,326
this act as a composite of the section as amended by Am. Sub. 13,327
S.B. 73, Am. Sub. S.B. 182, and Am. Sub. S.B. 226 of the 120th 13,328
General Assembly, with the new language of none of the acts shown 13,329
in capital letters. Section 1513.181 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. S.B. 2 and Am. Sub. S.B. 162 of the 121st General 13,332
Assembly, with the new language of neither of the acts shown in 13,333
capital letters. Section 1515.08 of the Revised Code is 13,334
presented in this act as a composite of the section as amended by 13,335
both Am. Sub. S.B. 73 and Am. Sub. S.B. 182 of the 120th General 13,336
Assembly, with the new language of neither of the acts shown in 13,337
capital letters. Section 5749.02 of the Revised Code is 13,338
presented in this act as a composite of the section as amended by 13,339
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General 13,340
Assembly, with the new language of neither of the acts shown in 13,341
capital letters. This is in recognition of the principle stated 13,342
in division (B) of section 1.52 of the Revised Code that such 13,343
amendments are to be harmonized where not substantively 13,344
irreconcilable and constitutes a legislative finding that such is 13,345
301
the resulting version in effect prior to the effective date of 13,346
this act.