Sec. 1547.01. (A) As used in sections 1541.03,
1547.25, | 12 |
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, | 13 |
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the | 14 |
Revised Code, "watercraft" means any of the following when used
or | 15 |
capable of being used for transportation on the water: | 16 |
(20) "Inflatable watercraft" means any vessel constructed
of | 121 |
rubber, canvas, or other material that is designed to
be
inflated | 122 |
with any gaseous substance, constructed with two or more
air | 123 |
cells, and operated as a vessel. Inflatable watercraft
propelled | 124 |
by a motor shall be classified as powercraft and shall
be | 125 |
registered by length.
Inflatable watercraft propelled by a sail | 126 |
shall be classified as a sailboat and shall be registered by | 127 |
length. | 128 |
(27) "Watercraft dealer" means any person who is regularly | 147 |
engaged in the business of manufacturing, selling, displaying, | 148 |
offering for
sale, or dealing in vessels at an established place | 149 |
of business. "Watercraft
dealer" does not include a person who is | 150 |
a marine salvage dealer or any other
person who dismantles, | 151 |
salvages, or rebuilds vessels using used parts. | 152 |
(E) As used in this section, "commercial vessel" means any | 206 |
vessel
used in the carriage of any person or property for a | 207 |
valuable consideration
whether flowing directly or indirectly from | 208 |
the owner, partner, or agent or
any other person interested in the | 209 |
vessel. "Commercial vessel" does not
include any vessel that is | 210 |
manufactured or used primarily for noncommercial
use or that is | 211 |
leased, rented, or chartered to another for noncommercial use. | 212 |
(F) Those that have been exempted from numbering by the | 239 |
chief of the division of watercraft after the chief has found
that | 240 |
the numbering of the watercraft will not materially aid in
their | 241 |
identification and, if an agency of the United States has
a | 242 |
numbering system applicable to the watercraft, after the chief
has | 243 |
further found that they also would be exempt from numbering by the | 244 |
United
States government if they were subject to the federal law; | 245 |
(G) Those temporarily using the waters in this state under
a | 246 |
waiver issued by the chief to an organization sponsoring a
race, | 247 |
regatta, or special event. The chief may issue a waiver upon | 248 |
application
by the sponsoring organization at
least fifteen days | 249 |
before the date of the proposed race, regatta,
or special event. | 250 |
The waiver shall be effective for ten days including
the day or | 251 |
days of the proposed race, regatta, or special event. Such a | 252 |
waiver does not obviate the need for compliance with section | 253 |
1547.20 of
the Revised Code. | 254 |
(2) On and after January 1, 1999, if a
watercraft
that is | 274 |
required to be issued a certificate of title under Chapter
1548. | 275 |
of the Revised Code
is transferred to a new owner, it need not be | 276 |
registered under section
1547.54 of the Revised Code for | 277 |
forty-five days following the date of the transfer, provided that | 278 |
the new owner purchases a temporary watercraft registration under | 279 |
division
(A) of this section or holds a bill of sale from a | 280 |
watercraft
dealer. | 281 |
(3) A person may purchase a temporary watercraft | 303 |
registration from the chief of the division of watercraft or
from | 304 |
an authorized agent designated under section 1547.54 of the | 305 |
Revised
Code. The chief shall furnish
forms for temporary | 306 |
watercraft registrations to authorized
agents. In addition to | 307 |
completing the registration form with
the information specified in | 308 |
divisions
(A)(2)(a)
to (i) of this section, the person
shall pay | 309 |
one of the
applicable fees required under divisions (A)(2)(a)
to | 310 |
(f)(g) of section 1547.54 of the Revised Code as provided in that | 311 |
section. | 312 |
(4) In addition to the applicable fee required
under | 316 |
division (A)(3) of this
section, the chief or an authorized agent | 317 |
shall charge an
additional fee of three dollars for a temporary | 318 |
watercraft
registration that the chief or the authorized agent | 319 |
issues.
When the temporary watercraft registration is issued by | 320 |
an
authorized agent, the agent may retain the additional fee.
When | 321 |
the temporary watercraft registration is issued by the chief,
the | 322 |
additional fee shall be deposited to the credit of the
waterways | 323 |
safety fund. | 324 |
(5) A person who purchases a temporary watercraft | 325 |
registration for a watercraft and who subsequently applies for a | 326 |
registration
certificate under section 1547.54 of the
Revised
Code | 327 |
need not pay the fee required under division (A)(2) of
that | 328 |
section for the initial registration certificate issued for that | 329 |
watercraft, provided that at the time of application for the | 330 |
registration
certificate, the person furnishes proof of payment | 331 |
for the
temporary watercraft registration. | 332 |
(6) A person who purchases a temporary watercraft | 333 |
registration, who subsequently applies for a registration | 334 |
certificate under section 1547.54 of the
Revised
Code, and who is | 335 |
exempt from
payment for the registration certificate under | 336 |
division
(O) of that section may apply
to the chief for a refund | 337 |
of the amount paid for the temporary
watercraft registration at | 338 |
the time that the person applies for
a registration certificate. | 339 |
The chief shall refund that amount
upon issuance to the person of | 340 |
a registration
certificate. | 341 |
(C) No person shall operate a watercraft documented by the | 370 |
United States coast guard or its successor unless the certificate | 371 |
of documentation is valid, is on the watercraft for which it has | 372 |
been issued, and is available for inspection whenever the | 373 |
watercraft is in operation. In accordance with 46 C.F.R. part
67, | 374 |
as amended, the watercraft shall display the official number,
the | 375 |
vessel name, and the home port listed on the certificate of | 376 |
documentation. | 377 |
(a) If the watercraft is owned by two persons under joint | 402 |
ownership with
right of survivorship established under section | 403 |
2106.17 of the Revised Code,
by both of those persons as owners of | 404 |
the watercraft. The
signatures may be done by electronic | 405 |
signature if the owners themselves are
renewing the registration | 406 |
and there are no changes in the registration
information since the | 407 |
issuance of the immediately preceding registration
certificate.
In | 408 |
all other instances, the signatures
mustshall be done
manually. | 409 |
(b) If the watercraft is owned by a minor, by the minor and | 410 |
a parent or legal
guardian. The signatures may be done by | 411 |
electronic
signature if the parent or legal guardian and the minor | 412 |
themselves are
renewing the registration and there are no changes | 413 |
in the registration
information since the issuance of the | 414 |
immediately preceding registration
certificate. In all other | 415 |
instances, the signatures
mustshall be done manually. | 416 |
(B) All registration certificates
issued under this section | 449 |
are valid for three years and are
renewable on a
triennial basis | 450 |
unless sooner terminated or discontinued in
accordance with this | 451 |
chapter. The renewal date shall be printed
on the registration | 452 |
certificate. A registration certificate may
be renewed by the | 453 |
owner in the manner prescribed by the chief. All fees shall
be | 454 |
charged according to a proration of the time
remaining in the | 455 |
registration cycle to the nearest year. | 456 |
(C) In addition to the fees set forth in this section, the | 457 |
chief, or any authorized agent, shall charge an additional fee of | 458 |
three dollars for any registration certificate
the chief or | 459 |
authorized agent issues.
When the registration
certificate is | 460 |
issued by an authorized
agent, the additional fee of three dollars | 461 |
shall be retained by the issuing
agent. When the registration | 462 |
certificate is issued by the chief, the additional fee of three | 463 |
dollars shall be deposited to the credit of the waterways safety | 464 |
fund established in section 1547.75 of the Revised Code. | 465 |
(D)(1) Upon receipt of the application in approved form, the | 466 |
chief shall enter the same upon the records of the office of the | 467 |
division, assign a number to the watercraft if a number is | 468 |
required under section 1547.53 of the Revised Code, and issue to | 469 |
the applicant a registration certificate. If a number is
assigned | 470 |
by the chief, it shall be set forth on the certificate.
The | 471 |
registration certificate shall be on the watercraft for which
it | 472 |
is issued and available at all times for inspection whenever
the | 473 |
watercraft is in operation, except that livery operators may | 474 |
retain the registration certificate at the livery where it shall | 475 |
remain available for inspection at all times
and except as | 476 |
otherwise provided in division (D)(2) of this section. | 477 |
(2) A person who is operating on the waters of this state a | 478 |
canoe, rowboat, or inflatable watercraft that has not been | 479 |
numbered under section 1547.53 of the Revised Code and who is | 480 |
stopped by a law enforcement officer in the enforcement of this | 481 |
chapter or rules adopted under it shall present to the officer, | 482 |
not later than seventy-two hours after being stopped, a | 483 |
registration certificate. The registration certificate shall have | 484 |
been obtained under this section for the canoe, rowboat, or | 485 |
inflatable watercraft prior to the time that it was stopped. | 486 |
Failure of the person to present the registration certificate | 487 |
within seventy-two hours constitutes prima-facie evidence of a | 488 |
violation of this section. | 489 |
(E) No person shall issue or be issued a registration | 490 |
certificate for a watercraft that
is required to be issued a | 491 |
certificate of title under Chapter 1548.
of the Revised Code | 492 |
except upon presentation of a certificate of title for the | 493 |
watercraft as provided in that
chapter,
proof of current | 494 |
documentation by the United States coast guard,
a renewal | 495 |
registration form provided by the division of
watercraft, or a | 496 |
certificate of registration issued under this
section that has | 497 |
expired if there is no change in the ownership or description
of | 498 |
the watercraft. | 499 |
(F) Whenever the ownership of a watercraft changes, a new | 500 |
application form together with the prescribed fee shall be filed | 501 |
with the chief or the chief's agent and a new
registration | 502 |
certificate
shall be issued. The application shall be signed | 503 |
manually by the
person or persons
specified in division (A)(1)(a) | 504 |
to (c) of this section and shall be
accompanied by a
two-dollar | 505 |
transfer fee. Any remaining time on the registration
shall be | 506 |
transferred. An authorized agent of the chief shall
charge an | 507 |
additional fee of three dollars, which shall be
retained by the | 508 |
issuing agent. If the certificate is issued
by the chief, an | 509 |
additional fee of three dollars for each
certificate issued shall | 510 |
be collected. | 511 |
(H) The chief may assign any registration certificates to | 517 |
any authorized agent for the assignment thereof. If a person | 518 |
accepts that authorization, the person may be assigned a
block of | 519 |
numbers
and certificates therefor that upon assignment, in | 520 |
conformity
with this chapter and Chapter 1548. of the Revised Code | 521 |
and with
rules of the division, shall be valid as if assigned | 522 |
directly by the division. Any person so designated as an agent
by | 523 |
the chief shall post with the division security as may be
required | 524 |
by the director of natural resources. The chief may
issue an | 525 |
order temporarily or permanently restricting or
suspending an | 526 |
agent's authorization without a hearing if the
chief finds
that | 527 |
the agent has violated this chapter or Chapter 1548. of the | 528 |
Revised Code, rules adopted under them, or any agreements | 529 |
prescribed
by the chief. | 530 |
(1) The transfer, other than through the creation of a | 537 |
security interest in
any watercraft, of all or any part of the | 538 |
owner's interest
or, if the watercraft is
owned by two persons | 539 |
under joint ownership with right of survivorship
established under | 540 |
section 2106.17 of the Revised Code, of all or any part of
the | 541 |
joint interest of either of the two persons. The transfer shall | 542 |
not
terminate the registration certificate. | 543 |
(2) "Prisoner of war" means any regularly appointed, | 573 |
enrolled, enlisted, or inducted member of the military forces of | 574 |
the United States who was captured, separated, and incarcerated
by | 575 |
an enemy of the United States at any time, and any regularly | 576 |
appointed, enrolled, or enlisted member of the military forces of | 577 |
Great Britain, France,
Australia, Belgium, Brazil, Canada, China, | 578 |
Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland, | 579 |
South Africa, or the republics
formerly associated with the Union | 580 |
of Soviet
Socialist Republics or
Yugoslavia who was a citizen of | 581 |
the United States at the time of
the appointment, enrollment, or | 582 |
enlistment, and was captured,
separated, and incarcerated by an | 583 |
enemy of this country during
World War II. | 584 |
(P) Any disabled veteran, congressional medal of honor | 585 |
awardee, or prisoner of war may apply to the chief for a | 586 |
certificate of registration, or for a renewal of the
certificate | 587 |
of
registration, without the payment of any fee required by
this | 588 |
section.
The application for a certificate of registration shall | 589 |
be accompanied
by evidence of disability or by documentary | 590 |
evidence
in
support of a congressional medal of honor that the | 591 |
chief
requires
by rule. The application for a certificate of | 592 |
registration by any
person who has been a prisoner of war shall be | 593 |
accompanied by
written evidence in the form of a record of | 594 |
separation, a letter
from one of the armed forces of a country | 595 |
listed in division
(O)(2) of this section, or other evidence that | 596 |
the chief
may
require by rule, that the person was honorably | 597 |
discharged or is
currently residing in this state on active duty | 598 |
with
one of the
branches of the armed forces of the United States, | 599 |
or was a
prisoner of war and was honorably discharged or received | 600 |
an
equivalent discharge or release from one of the armed forces of | 601 |
a
country listed in division (O)(2) of this section. | 602 |
(Q) Annually by the fifteenth day of January, the director | 603 |
of natural resources shall determine the amount of fees that
would | 604 |
have been collected in the prior calendar year for each | 605 |
certificate of registration issued or renewed pursuant to
division | 606 |
(P)
of this section and shall certify the total amount of foregone | 607 |
revenue
to the director of budget and management for | 608 |
reimbursement. The
director of budget and management shall | 609 |
transfer the
amount certified from the general revenue fund to the | 610 |
waterways
safety fund created pursuant to section 1547.75 of the | 611 |
Revised
Code. | 612 |
Sec. 1547.542. Any person or organization owning any
number | 613 |
of canoes,
kayaks, rowboats, inflatable watercraft, or
sailboats | 614 |
for the purpose of rental to the public may apply with
the chief | 615 |
of the division of watercraft for and receive an annual | 616 |
certificate of livery registration. No watercraft shall be
rented | 617 |
to the public from a livery or other place of business in
this | 618 |
state unless it first has been numbered and
registered in | 619 |
accordance with this section or section 1547.54 of the Revised | 620 |
Code. Certificates of livery registration shall be issued by
an | 621 |
authorized agent who is selected
by the chief from among those | 622 |
designated under section 1547.54 of the
Revised Code. The | 623 |
certificate shall
display the name of the
owner of the livery, the | 624 |
date of issuance, the date of
expiration, the number of watercraft | 625 |
registered, the fee paid,
an authorized facsimile of
the signature | 626 |
of the chief provided by the authorized agent who is selected
to | 627 |
issue the certificate, and the signature of the livery
owner. The | 628 |
certificate shall bear the livery watercraft
registration number | 629 |
assigned to the livery owner, which shall be
displayed in | 630 |
accordance with section 1547.57 of the Revised Code
on each | 631 |
watercraft in the fleet for which the certificate was
issued. The | 632 |
owner of a livery shall obtain an amended
certificate of livery | 633 |
registration from the chief whenever the
composition of the fleet | 634 |
changes. | 635 |
The fee for each watercraft registered under this section | 636 |
shall be
in accordance withan annual registration fee. The fee | 637 |
shall be one-third of the
triennial registration fees prescribed | 638 |
in
section 1547.54 of the Revised Code. However, if the size of | 639 |
the
fleet does not increase, the fee for an amended certificate of | 640 |
livery registration shall be the fee prescribed for issuing a | 641 |
duplicate registration certificate under section 1547.54 of the | 642 |
Revised Code, and the chief shall not refund to the livery owner | 643 |
all or any portion of an annual registration fee applicable to a | 644 |
watercraft transferred or abandoned by the livery owner. If the | 645 |
size of the fleet increases, the livery owner shall be required
to | 646 |
pay the applicable annual registration fee for each watercraft | 647 |
registered under an amended certificate of livery registration | 648 |
that is in excess of the number of watercraft contained in the | 649 |
annual certificate of livery registration. | 650 |
Sec. 1547.57. When(A) Except as otherwise provided in | 664 |
division (C) of this section, when the chief of the division of | 665 |
watercraft
issues a registration certificate under section 1547.54 | 666 |
of the
Revised Code, the chief also shall issue to the applicant | 667 |
two
tags not larger than three inches square, color coded, | 668 |
indicating the
expiration date of the certificate. The owner of | 669 |
watercraft
currently documented by the United States coast guard | 670 |
and for
which a registration certificate is issued shall securely | 671 |
affix
one tag to the watercraft's port side and the other tag to | 672 |
the
starboard side so that the tags are clearly visible under | 673 |
normal
operating conditions. The tags shall be removed from the | 674 |
watercraft when
they become invalid. The owner of any other | 675 |
watercraft for
which a registration certificate is issued shall | 676 |
securely affix
one tag to the watercraft's port side, six inches | 677 |
toward the stern
from the identification number, and the other tag | 678 |
to the
starboard side, six inches toward the stern from the | 679 |
identification number. The tags shall be securely affixed to the | 680 |
watercraft prior to its operation, but shall be removed from the | 681 |
watercraft when they become invalid. A person may operate without | 682 |
a registration certificate issued under section 1547.54 of the | 683 |
Revised Code, for a
period not to exceed forty-five days, any | 684 |
watercraft
required to be titled on the waters in this
state if | 685 |
the person is in compliance
with section 1547.531 of the Revised | 686 |
Code. | 687 |
(B) The owner of every watercraft requiring numbering by | 688 |
this
state shall attach to each side of the bow of the watercraft | 689 |
the
permanent identification number in such manner as may be | 690 |
prescribed by applicable federal standards in order that it shall | 691 |
be clearly visible. The number shall be maintained in a legible | 692 |
condition at all times. No number other than the number assigned | 693 |
to a watercraft or granted by reciprocity pursuant to this
chapter | 694 |
shall be painted, attached, or otherwise displayed on
either side | 695 |
of the bow of the watercraft. | 696 |
(C) When the chief issues a registration certificate under | 697 |
section 1547.54 of the Revised Code for a canoe, rowboat, or | 698 |
inflatable watercraft that has not been numbered under section | 699 |
1547.53 of the Revised Code, the chief also shall issue to the | 700 |
applicant a tag not larger than three inches by six inches, with | 701 |
distinguishing color coding and a number for identification | 702 |
purposes. The owner of the canoe, rowboat, or inflatable | 703 |
watercraft for which the registration certificate is issued shall | 704 |
affix the tag securely to a location on the canoe, rowboat, or | 705 |
inflatable watercraft as prescribed by rules adopted by the chief | 706 |
under section 1547.52 of the Revised Code. | 707 |
(B) A watercraft constructed before November 1, 1972, shall | 715 |
have a hull identification number assigned to it by the chief of | 716 |
the division of watercraft at the time of registration, at the | 717 |
time of application for title, after transfer of ownership, or at | 718 |
the time of a change to this state as the principal location of | 719 |
operation. The number shall be permanently displayed and affixed | 720 |
as prescribed by rules adopted under section 1547.52 of the | 721 |
Revised Code. | 722 |
(F) Whoever violates division (M) of section 1547.54, | 745 |
division (G) of section 1547.30, or section 1547.131, 1547.25, | 746 |
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92 | 747 |
of the
Revised Code or a rule adopted under division (A)(2) of | 748 |
section
1547.52 of the Revised Code is guilty of a misdemeanor of | 749 |
the
fourth degree. | 750 |
(1) Except as otherwise provided in division (G)(2) or (3) | 754 |
of this
section, the
court shall sentence the offender to a term | 755 |
of imprisonment of
three consecutive days and may sentence the | 756 |
offender pursuant to
section 2929.21 of the Revised Code to a | 757 |
longer term of
imprisonment. In addition, the court shall impose | 758 |
upon the
offender a fine of not less than one hundred fifty nor | 759 |
more than
one thousand dollars. | 760 |
The court may suspend the execution of the mandatory three | 761 |
consecutive days of imprisonment that it is required to impose by | 762 |
division (G)(1) of this section if the court, in
lieu of the | 763 |
suspended term of
imprisonment, places the offender on probation | 764 |
and requires the
offender to attend, for three consecutive days, a | 765 |
drivers'
intervention program that is certified pursuant to | 766 |
section
3793.10 of the Revised Code. The court also may suspend | 767 |
the
execution of any part of the mandatory three consecutive days | 768 |
of
imprisonment that it is required to impose by division
(G)(1) | 769 |
of this section if
the court places the offender on probation for | 770 |
part of the three
consecutive days; requires the offender to | 771 |
attend, for that part
of the three consecutive days, a drivers' | 772 |
intervention program
that is certified pursuant to section 3793.10 | 773 |
of the Revised
Code; and sentences the offender to a term of | 774 |
imprisonment equal
to the remainder of the three consecutive days | 775 |
that the offender
does not spend attending the drivers' | 776 |
intervention program. The
court may require the offender, as a | 777 |
condition of probation, to
attend and satisfactorily complete any | 778 |
treatment or education
programs, in addition to the required | 779 |
attendance at a drivers'
intervention program, that the operators | 780 |
of the drivers'
intervention program determine that the offender | 781 |
should attend
and to report periodically to the court on the | 782 |
offender's progress
in the
programs. The court also may impose | 783 |
any other conditions of
probation on the offender that it | 784 |
considers necessary. | 785 |
(2) If, within five years of the offense, the offender has | 786 |
been convicted of or pleaded guilty to one violation of section | 787 |
1547.11 of the Revised Code, of a municipal ordinance relating to | 788 |
operating a watercraft or manipulating any water skis, aquaplane, | 789 |
or similar device while under the influence of alcohol, a drug of | 790 |
abuse, or alcohol and a drug of abuse, of a municipal ordinance | 791 |
relating to operating a watercraft or manipulating any water
skis, | 792 |
aquaplane, or similar device with a prohibited
concentration of | 793 |
alcohol in the blood, breath, or urine, of division
(A)(1) of | 794 |
section 2903.06 of the Revised Code, or of division
(A)(2), (3), | 795 |
or (4) of
section 2903.06 of the Revised Code
or former section | 796 |
2903.06 or 2903.07 of the Revised Code in a case in which
the jury | 797 |
or judge found that the offender was under the influence
of | 798 |
alcohol, a drug of abuse, or alcohol and a drug of abuse, the | 799 |
court shall sentence the offender to a term of imprisonment of
ten | 800 |
consecutive days and may sentence the offender pursuant to
section | 801 |
2929.21 of the Revised Code to a longer term of
imprisonment. In | 802 |
addition, the court shall impose upon the
offender a fine of not | 803 |
less than one hundred fifty nor more than
one thousand dollars. | 804 |
(3) If, within five years of the offense, the offender has | 809 |
been convicted of or pleaded guilty to more than one violation | 810 |
identified in
division (G)(2) of this section,
the court shall | 811 |
sentence the offender to a term of
imprisonment of thirty | 812 |
consecutive days and may sentence the
offender to a longer term of | 813 |
imprisonment of not more than one
year. In addition, the court | 814 |
shall impose upon the offender a
fine of not less than one hundred | 815 |
fifty nor more than one
thousand dollars. | 816 |
(4) Upon a showing that imprisonment would seriously
affect | 821 |
the ability of an offender sentenced pursuant to division
(G)(1), | 822 |
(2), or (3) of this section to continue the offender's
employment, | 823 |
the court may authorize that the offender be granted work release | 824 |
from imprisonment after the offender has served the three, ten,
or | 825 |
thirty consecutive days of imprisonment that the court is
required | 826 |
by division (G)(1), (2), or (3) of this section to
impose. No | 827 |
court shall authorize work release from imprisonment
during the | 828 |
three, ten, or thirty consecutive days of imprisonment
that the | 829 |
court is required by division (G)(1), (2), or (3) of
this section | 830 |
to impose. The duration of the work release shall
not exceed the | 831 |
time necessary each day for the offender to
commute to and from | 832 |
the place of employment and the place of
imprisonment and the time | 833 |
actually spent under employment. | 834 |
(5) Notwithstanding any section of the Revised Code that | 835 |
authorizes the suspension of the imposition or execution of a | 836 |
sentence or the placement of an offender in any treatment program | 837 |
in lieu of imprisonment, no court shall suspend the ten or thirty | 838 |
consecutive days of imprisonment required to be imposed by | 839 |
division (G)(2) or (3) of this section or place an offender who
is | 840 |
sentenced pursuant to division (G)(2) or (3) of this section
in | 841 |
any treatment program in lieu of imprisonment until after the | 842 |
offender has served the ten or thirty consecutive days of | 843 |
imprisonment required to be imposed pursuant to division (G)(2)
or | 844 |
(3) of this section. Notwithstanding any section of the
Revised | 845 |
Code that authorizes the suspension of the imposition or
execution | 846 |
of a sentence or the placement of an offender in any
treatment | 847 |
program in lieu of imprisonment, no court, except as
specifically | 848 |
authorized by division (G)(1) of this section, shall
suspend the | 849 |
three consecutive days of imprisonment required to be
imposed by | 850 |
division (G)(1) of this section or place an offender
who is | 851 |
sentenced pursuant to division (G)(1) of this section in
any | 852 |
treatment program in lieu of imprisonment until after the
offender | 853 |
has served the three consecutive days of imprisonment
required to | 854 |
be imposed pursuant to division (G)(1) of this
section. | 855 |
(H) Whoever violates section 1547.304 of the Revised Code
is | 856 |
guilty of a misdemeanor of the fourth degree and also shall be | 857 |
assessed any costs incurred by the state or a county, township, | 858 |
municipal corporation, or other political subdivision in
disposing | 859 |
of an abandoned junk vessel or outboard motor, less any
money | 860 |
accruing to the state, county, township, municipal
corporation, or | 861 |
other political subdivision from that
disposal. | 862 |
(L) The sentencing court, in addition to the penalty | 875 |
provided
under this section for a violation of this chapter or a | 876 |
rule adopted under it
that involves a powercraft powered by more | 877 |
than ten horsepower and that, in
the opinion of the court, | 878 |
involves a threat to the safety of persons or
property, shall | 879 |
order the offender to complete successfully a boating course | 880 |
approved by the national association of state boating law | 881 |
administrators
before the offender is allowed to operate a | 882 |
powercraft powered by more than
ten horsepower on the waters in | 883 |
this state. Violation of a court order
entered under this | 884 |
division is punishable as contempt under Chapter
2705. of the | 885 |
Revised Code. | 886 |
(2) Any lienholder or mortgagee, stating where the | 906 |
watercraft or motor is located and any maintenance or repair | 907 |
charges, including parts and labor charges and dockage or storage | 908 |
charges. Unless the lienholder or mortgagee redeems the | 909 |
watercraft or motor within forty-five days after the return | 910 |
receipt is received by the sender, the lien or mortgage is | 911 |
invalid. The lienholder or mortgagee may, to the extent of
his | 912 |
the
lienholder's or mortgagee's previously secured interest, | 913 |
assert a claim
for any amount deposited in the county treasury for | 914 |
the watercraft or motor
pursuant to section 4585.33 of the Revised | 915 |
Code. | 916 |
(D) The owner of the property requests
the chief of the | 920 |
division of watercraft or his designee, an appointee
of the chief | 921 |
who shall be a watercraft dealer
licensedcertified in accordance | 922 |
with
section
1547.651547.543 of the Revised Code or an | 923 |
independent marine
surveyor and appraiser, to appraise the | 924 |
watercraft or motor and
secures
from the the chief or his designee | 925 |
written confirmation that the fair market value of the watercraft | 926 |
or motor is
less
than ten thousand dollars.
The chief or his | 927 |
designee shall make such appraisal when requested and shall give | 928 |
to the owner
of the
property written confirmation that the value | 929 |
has been correctly
determined. | 930 |
(E) The owner of the property advertises that the
watercraft | 931 |
or motor will be sold at public auction. The
advertisement of | 932 |
sale shall be published once a week for two
consecutive weeks in | 933 |
the auction section of a newspaper of
general circulation in the | 934 |
county where the watercraft or motor
has been left without | 935 |
permission. The advertisement shall
include a description of the | 936 |
watercraft or motor, the name of the
owner, and the date, time, | 937 |
and place of the sale. | 938 |