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To amend sections 123.01, 123.04, 307.37, 1501.011, | 1 |
1501.07, 1501.32, 1502.01, 1502.03, 1502.12, | 2 |
1503.23, 1504.02, 1506.04, 1507.01, 1515.10, | 3 |
1517.02, 1517.11, 1517.14, 1517.15, 1520.02, | 4 |
1520.03, 1520.05, 1520.07, 1521.01, 1521.04, | 5 |
1521.05, 1521.13, 1521.14, 1521.18, 1521.19, | 6 |
1521.99, 1525.11, 1525.12, 1531.01, 1531.02, | 7 |
1531.04, 1531.06, 1531.17, 1531.20, 1531.99, | 8 |
1533.08, 1533.09, 1533.10, 1533.11, 1533.12, | 9 |
1533.131, 1533.171, 1533.68, 1533.86, 1541.03, | 10 |
1541.05, 1541.22, 1547.08, 1547.51, 1547.54, | 11 |
1547.541, 1547.75, 1547.99, 1548.02, 2923.35, | 12 |
2933.43, 4115.04, and 6111.034; to enact sections | 13 |
1515.093 and 1517.052; and to repeal sections | 14 |
1502.11 and 1521.08 of the Revised Code to revise | 15 |
the statutes governing the Department of Natural | 16 |
Resources. | 17 |
Section 1. That sections 123.01, 123.04, 307.37, 1501.011, | 18 |
1501.07, 1501.32, 1502.01, 1502.03, 1502.12, 1503.23, 1504.02, | 19 |
1506.04, 1507.01, 1515.10, 1517.02, 1517.11, 1517.14, 1517.15, | 20 |
1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, | 21 |
1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1525.11, 1525.12, | 22 |
1531.01, 1531.02, 1531.04, 1531.06, 1531.17, 1531.20, 1531.99, | 23 |
1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, | 24 |
1533.68, 1533.86, 1541.03, 1541.05, 1541.22, 1547.08, 1547.51, | 25 |
1547.54, 1547.541, 1547.75, 1547.99, 1548.02, 2923.35, 2933.43, | 26 |
4115.04, and 6111.034 be amended and sections 1515.093 and | 27 |
1517.052 of the Revised Code be enacted to read as follows: | 28 |
Sec. 123.01. (A) The department of administrative services, | 29 |
in addition to those powers enumerated in Chapters 124. and 125. | 30 |
of the Revised Code and provided elsewhere by law, shall exercise | 31 |
the following powers: | 32 |
(1) To prepare, or contract to be prepared, by licensed | 33 |
engineers or architects, surveys, general and detailed plans, | 34 |
specifications, bills of materials, and estimates of cost for any | 35 |
projects, improvements, or public buildings to be constructed by | 36 |
state agencies that may be authorized by legislative | 37 |
appropriations or any other funds made available therefor, | 38 |
provided that the construction of the projects, improvements, or | 39 |
public buildings is a statutory duty of the department. This | 40 |
section does not require the independent employment of an | 41 |
architect or engineer as provided by section 153.01 of the Revised | 42 |
Code in the cases to which that section applies nor affect or | 43 |
alter the existing powers of the director of transportation. | 44 |
(2) To have general supervision over the construction of any | 45 |
projects, improvements, or public buildings constructed for a | 46 |
state agency and over the inspection of materials previous to | 47 |
their incorporation into those projects, improvements, or | 48 |
buildings; | 49 |
(3) To make contracts for and supervise the construction of | 50 |
any projects and improvements or the construction and repair of | 51 |
buildings under the control of a state agency, except contracts | 52 |
for the repair of buildings under the management and control of | 53 |
the departments of public safety, job and family services, mental | 54 |
health, mental retardation and developmental disabilities, | 55 |
rehabilitation and correction, and youth services, the bureau of | 56 |
workers' compensation, the rehabilitation services commission, and | 57 |
boards of trustees of educational and benevolent institutions and | 58 |
except contracts for the construction of projects that do not | 59 |
require the issuance of a building permit or the issuance of a | 60 |
certificate of occupancy and that are necessary to remediate | 61 |
conditions at a hazardous waste facility, solid waste facility, or | 62 |
other location at which the director of environmental protection | 63 |
has reason to believe there is a substantial threat to public | 64 |
health or safety or the environment. These contracts shall be made | 65 |
and entered into by the directors of public safety, job and family | 66 |
services, mental health, mental retardation and developmental | 67 |
disabilities, rehabilitation and correction, and youth services, | 68 |
the administrator of workers' compensation, the rehabilitation | 69 |
services commission, the boards of trustees of such institutions, | 70 |
and the director of environmental protection, respectively. All | 71 |
such contracts may be in whole or in part on unit price basis of | 72 |
maximum estimated cost, with payment computed and made upon actual | 73 |
quantities or units. | 74 |
(4) To prepare and suggest comprehensive plans for the | 75 |
development of grounds and buildings under the control of a state | 76 |
agency; | 77 |
(5) To acquire, by purchase, gift, devise, lease, or grant, | 78 |
all real estate required by a state agency, in the exercise of | 79 |
which power the department may exercise the power of eminent | 80 |
domain, in the manner provided by sections 163.01 to 163.22 of the | 81 |
Revised Code; | 82 |
(6) To make and provide all plans, specifications, and models | 83 |
for the construction and perfection of all systems of sewerage, | 84 |
drainage, and plumbing for the state in connection with buildings | 85 |
and grounds under the control of a state agency; | 86 |
(7) To erect, supervise, and maintain all public monuments | 87 |
and memorials erected by the state, except where the supervision | 88 |
and maintenance is otherwise provided by law; | 89 |
(8) To procure, by lease, storage accommodations for a state | 90 |
agency; | 91 |
(9) To lease or grant easements or licenses for unproductive | 92 |
and unused lands or other property under the control of a state | 93 |
agency. Such leases, easements, or licenses shall be granted for a | 94 |
period not to exceed fifteen years and shall be executed for the | 95 |
state by the director of administrative services and the governor | 96 |
and shall be approved as to form by the attorney general, provided | 97 |
that leases, easements, or licenses may be granted to any county, | 98 |
township, municipal corporation, port authority, water or sewer | 99 |
district, school district, library district, health district, park | 100 |
district, soil and water conservation district, conservancy | 101 |
district, or other political subdivision or taxing district, or | 102 |
any agency of the United States government, for the exclusive use | 103 |
of that agency, political subdivision, or taxing district, without | 104 |
any right of sublease or assignment, for a period not to exceed | 105 |
fifteen years, and provided that the director shall grant leases, | 106 |
easements, or licenses of university land for periods not to | 107 |
exceed twenty-five years for purposes approved by the respective | 108 |
university's board of trustees wherein the uses are compatible | 109 |
with the uses and needs of the university and may grant leases of | 110 |
university land for periods not to exceed forty years for purposes | 111 |
approved by the respective university's board of trustees pursuant | 112 |
to section 123.77 of the Revised Code. | 113 |
(10) To lease office space in buildings for the use of a | 114 |
state agency; | 115 |
(11) To have general supervision and care of the storerooms, | 116 |
offices, and buildings leased for the use of a state agency; | 117 |
(12) To exercise general custodial care of all real property | 118 |
of the state; | 119 |
(13) To assign and group together state offices in any city | 120 |
in the state and to establish, in cooperation with the state | 121 |
agencies involved, rules governing space requirements for office | 122 |
or storage use; | 123 |
(14) To lease for a period not to exceed forty years, | 124 |
pursuant to a contract providing for the construction thereof | 125 |
under a lease-purchase plan, buildings, structures, and other | 126 |
improvements for any public purpose, and, in conjunction | 127 |
therewith, to grant leases, easements, or licenses for lands under | 128 |
the control of a state agency for a period not to exceed forty | 129 |
years. The lease-purchase plan shall provide that at the end of | 130 |
the lease period, the buildings, structures, and related | 131 |
improvements, together with the land on which they are situated, | 132 |
shall become the property of the state without cost. | 133 |
(a) Whenever any building, structure, or other improvement is | 134 |
to be so leased by a state agency, the department shall retain | 135 |
either basic plans, specifications, bills of materials, and | 136 |
estimates of cost with sufficient detail to afford bidders all | 137 |
needed information or, alternatively, all of the following plans, | 138 |
details, bills of materials, and specifications: | 139 |
(i) Full and accurate plans suitable for the use of mechanics | 140 |
and other builders in the improvement; | 141 |
(ii) Details to scale and full sized, so drawn and | 142 |
represented as to be easily understood; | 143 |
(iii) Accurate bills showing the exact quantity of different | 144 |
kinds of material necessary to the construction; | 145 |
(iv) Definite and complete specifications of the work to be | 146 |
performed, together with such directions as will enable a | 147 |
competent mechanic or other builder to carry them out and afford | 148 |
bidders all needed information; | 149 |
(v) A full and accurate estimate of each item of expense and | 150 |
of the aggregate cost thereof. | 151 |
(b) The department shall give public notice, in such | 152 |
newspaper, in such form, and with such phraseology as the director | 153 |
of administrative services prescribes, published once each week | 154 |
for four consecutive weeks, of the time when and place where bids | 155 |
will be received for entering into an agreement to lease to a | 156 |
state agency a building, structure, or other improvement. The last | 157 |
publication shall be at least eight days preceding the day for | 158 |
opening the bids. The bids shall contain the terms upon which the | 159 |
builder would propose to lease the building, structure, or other | 160 |
improvement to the state agency. The form of the bid approved by | 161 |
the department shall be used, and a bid is invalid and shall not | 162 |
be considered unless that form is used without change, alteration, | 163 |
or addition. Before submitting bids pursuant to this section, any | 164 |
builder shall comply with Chapter 153. of the Revised Code. | 165 |
(c) On the day and at the place named for receiving bids for | 166 |
entering into lease agreements with a state agency, the director | 167 |
of administrative services shall open the bids and shall publicly | 168 |
proceed immediately to tabulate the bids upon duplicate sheets. No | 169 |
lease agreement shall be entered into until the bureau of workers' | 170 |
compensation has certified that the person to be awarded the lease | 171 |
agreement has complied with Chapter 4123. of the Revised Code, | 172 |
until, if the builder submitting the lowest and best bid is a | 173 |
foreign corporation, the secretary of state has certified that the | 174 |
corporation is authorized to do business in this state, until, if | 175 |
the builder submitting the lowest and best bid is a person | 176 |
nonresident of this state, the person has filed with the secretary | 177 |
of state a power of attorney designating the secretary of state as | 178 |
its agent for the purpose of accepting service of summons in any | 179 |
action brought under Chapter 4123. of the Revised Code, and until | 180 |
the agreement is submitted to the attorney general and the | 181 |
attorney general's approval is certified thereon. Within thirty | 182 |
days after the day on which the bids are received, the department | 183 |
shall investigate the bids received and shall determine that the | 184 |
bureau and the secretary of state have made the certifications | 185 |
required by this section of the builder who has submitted the | 186 |
lowest and best bid. Within ten days of the completion of the | 187 |
investigation of the bids, the department shall award the lease | 188 |
agreement to the builder who has submitted the lowest and best bid | 189 |
and who has been certified by the bureau and secretary of state as | 190 |
required by this section. If bidding for the lease agreement has | 191 |
been conducted upon the basis of basic plans, specifications, | 192 |
bills of materials, and estimates of costs, upon the award to the | 193 |
builder the department, or the builder with the approval of the | 194 |
department, shall appoint an architect or engineer licensed in | 195 |
this state to prepare such further detailed plans, specifications, | 196 |
and bills of materials as are required to construct the building, | 197 |
structure, or improvement. The department shall adopt such rules | 198 |
as are necessary to give effect to this section. The department | 199 |
may reject any bid. Where there is reason to believe there is | 200 |
collusion or combination among bidders, the bids of those | 201 |
concerned therein shall be rejected. | 202 |
(15) To acquire by purchase, gift, devise, or grant and to | 203 |
transfer, lease, or otherwise dispose of all real property | 204 |
required to assist in the development of a conversion facility as | 205 |
defined in section 5709.30 of the Revised Code as that section | 206 |
existed before its repeal by Amended Substitute House Bill 95 of | 207 |
the 125th general assembly; | 208 |
(16) To lease for a period not to exceed forty years, | 209 |
notwithstanding any other division of this section, the | 210 |
state-owned property located at 408-450 East Town Street, | 211 |
Columbus, Ohio, formerly the state school for the deaf, to a | 212 |
developer in accordance with this section. "Developer," as used in | 213 |
this section, has the same meaning as in section 123.77 of the | 214 |
Revised Code. | 215 |
Such a lease shall be for the purpose of development of the | 216 |
land for use by senior citizens by constructing, altering, | 217 |
renovating, repairing, expanding, and improving the site as it | 218 |
existed on June 25, 1982. A developer desiring to lease the land | 219 |
shall prepare for submission to the department a plan for | 220 |
development. Plans shall include provisions for roads, sewers, | 221 |
water lines, waste disposal, water supply, and similar matters to | 222 |
meet the requirements of state and local laws. The plans shall | 223 |
also include provision for protection of the property by insurance | 224 |
or otherwise, and plans for financing the development, and shall | 225 |
set forth details of the developer's financial responsibility. | 226 |
The department may employ, as employees or consultants, | 227 |
persons needed to assist in reviewing the development plans. Those | 228 |
persons may include attorneys, financial experts, engineers, and | 229 |
other necessary experts. The department shall review the | 230 |
development plans and may enter into a lease if it finds all of | 231 |
the following: | 232 |
(a) The best interests of the state will be promoted by | 233 |
entering into a lease with the developer; | 234 |
(b) The development plans are satisfactory; | 235 |
(c) The developer has established the developer's financial | 236 |
responsibility and satisfactory plans for financing the | 237 |
development. | 238 |
The lease shall contain a provision that construction or | 239 |
renovation of the buildings, roads, structures, and other | 240 |
necessary facilities shall begin within one year after the date of | 241 |
the lease and shall proceed according to a schedule agreed to | 242 |
between the department and the developer or the lease will be | 243 |
terminated. The lease shall contain such conditions and | 244 |
stipulations as the director considers necessary to preserve the | 245 |
best interest of the state. Moneys received by the state pursuant | 246 |
to this lease shall be paid into the general revenue fund. The | 247 |
lease shall provide that at the end of the lease period the | 248 |
buildings, structures, and related improvements shall become the | 249 |
property of the state without cost. | 250 |
(17) To lease to any person any tract of land owned by the | 251 |
state and under the control of the department, or any part of such | 252 |
a tract, for the purpose of drilling for or the pooling of oil or | 253 |
gas. Such a lease shall be granted for a period not exceeding | 254 |
forty years, with the full power to contract for, determine the | 255 |
conditions governing, and specify the amount the state shall | 256 |
receive for the purposes specified in the lease, and shall be | 257 |
prepared as in other cases. | 258 |
(18) To manage the use of space owned and controlled by the | 259 |
department, including space in property under the jurisdiction of | 260 |
the Ohio building authority, by doing all of the following: | 261 |
(a) Biennially implementing, by state agency location, a | 262 |
census of agency employees assigned space; | 263 |
(b) Periodically in the discretion of the director of | 264 |
administrative services: | 265 |
(i) Requiring each state agency to categorize the use of | 266 |
space allotted to the agency between office space, common areas, | 267 |
storage space, and other uses, and to report its findings to the | 268 |
department; | 269 |
(ii) Creating and updating a master space utilization plan | 270 |
for all space allotted to state agencies. The plan shall | 271 |
incorporate space utilization metrics. | 272 |
(iii) Conducting a cost-benefit analysis to determine the | 273 |
effectiveness of state-owned buildings; | 274 |
(iv) Assessing the alternatives associated with consolidating | 275 |
the commercial leases for buildings located in Columbus. | 276 |
(c) Commissioning a comprehensive space utilization and | 277 |
capacity study in order to determine the feasibility of | 278 |
consolidating existing commercially leased space used by state | 279 |
agencies into a new state-owned facility. | 280 |
(B) This section and section 125.02 of the Revised Code shall | 281 |
not interfere with any of the following: | 282 |
(1) The power of the adjutant general to purchase military | 283 |
supplies, or with the custody of the adjutant general of property | 284 |
leased, purchased, or constructed by the state and used for | 285 |
military purposes, or with the functions of the adjutant general | 286 |
as director of state armories; | 287 |
(2) The power of the director of transportation in acquiring | 288 |
rights-of-way for the state highway system, or the leasing of | 289 |
lands for division or resident district offices, or the leasing of | 290 |
lands or buildings required in the maintenance operations of the | 291 |
department of transportation, or the purchase of real property for | 292 |
garage sites or division or resident district offices, or in | 293 |
preparing plans and specifications for and constructing such | 294 |
buildings as the director may require in the administration of the | 295 |
department; | 296 |
(3) The power of the director of public safety and the | 297 |
registrar of motor vehicles to purchase or lease real property and | 298 |
buildings to be used solely as locations to which a deputy | 299 |
registrar is assigned pursuant to division (B) of section 4507.011 | 300 |
of the Revised Code and from which the deputy registrar is to | 301 |
conduct the deputy registrar's business, the power of the director | 302 |
of public safety to purchase or lease real property and buildings | 303 |
to be used as locations for division or district offices as | 304 |
required in the maintenance of operations of the department of | 305 |
public safety, and the power of the superintendent of the state | 306 |
highway patrol in the purchase or leasing of real property and | 307 |
buildings needed by the patrol, to negotiate the sale of real | 308 |
property owned by the patrol, to rent or lease real property owned | 309 |
or leased by the patrol, and to make or cause to be made repairs | 310 |
to all property owned or under the control of the patrol; | 311 |
(4) The power of the division of liquor control in the | 312 |
leasing or purchasing of retail outlets and warehouse facilities | 313 |
for the use of the division; | 314 |
(5) The power of the director of development to enter into | 315 |
leases of real property, buildings, and office space to be used | 316 |
solely as locations for the state's foreign offices to carry out | 317 |
the purposes of section 122.05 of the Revised Code; | 318 |
(6) The power of the director of environmental protection to | 319 |
enter into environmental covenants, to grant and accept easements, | 320 |
or to sell property pursuant to division (G) of section 3745.01 of | 321 |
the Revised Code; | 322 |
(7) The power of the director of natural resources, pursuant | 323 |
to section 1501.01 of the Revised Code, to enter into leases of | 324 |
real property, buildings, and office space for the use of the | 325 |
department of natural resources, to purchase real property for | 326 |
division or district offices, or to prepare plans and | 327 |
specifications for and construct any buildings or other facilities | 328 |
that the director may require for the administration of the | 329 |
department. | 330 |
(C) Purchases for, and the custody and repair of, buildings | 331 |
under the management and control of the capitol square review and | 332 |
advisory board, the rehabilitation services commission, the bureau | 333 |
of workers' compensation, or the departments of public safety, job | 334 |
and family services, mental health, mental retardation and | 335 |
developmental disabilities, and rehabilitation and correction, and | 336 |
buildings of educational and benevolent institutions under the | 337 |
management and control of boards of trustees, are not subject to | 338 |
the control and jurisdiction of the department of administrative | 339 |
services. | 340 |
(D) Any instrument by which real property is acquired | 341 |
pursuant to this section shall identify the agency of the state | 342 |
that has the use and benefit of the real property as specified in | 343 |
section 5301.012 of the Revised Code. | 344 |
Sec. 123.04. The director of administrative services shall | 345 |
be appointed superintendent of public works and shall have the | 346 |
care and control of the
public works of the state | 347 |
348 | |
maintain, and keep them in repair. | 349 |
Subject to the approval of the governor, the director may | 350 |
purchase on behalf of the state such real or personal property, | 351 |
rights, or privileges as are necessary, in the director's | 352 |
judgment, to acquire in the maintenance of the public works or | 353 |
their improvement. | 354 |
Any instrument by which the state or an agency of the state | 355 |
acquires real property pursuant to this section shall identify the | 356 |
agency of the state that has the use and benefit of the real | 357 |
property as specified in section 5301.012 of the Revised Code. | 358 |
Sec. 307.37. (A) As used in division (B)(3) of this section, | 359 |
"proposed new construction" means a proposal to erect, construct, | 360 |
repair, alter, redevelop, or maintain a single-family, two-family, | 361 |
or three-family dwelling or any structure that is regulated by the | 362 |
Ohio building code. | 363 |
(B)(1)(a) The board of county commissioners may adopt local | 364 |
residential building regulations governing residential buildings | 365 |
as defined in section 3781.06 of the Revised Code, to be enforced | 366 |
within the unincorporated area of the county or within districts | 367 |
the board establishes in any part of the unincorporated area. No | 368 |
local residential building regulation shall differ from the state | 369 |
residential building code the board of building standards | 370 |
establishes pursuant to Chapter 3781. of the Revised Code unless | 371 |
the regulation addresses subject matter not addressed by the state | 372 |
residential building code or is adopted pursuant to section | 373 |
3781.01 of the Revised Code. | 374 |
(b) The board of county commissioners may, by resolution, | 375 |
adopt, administer, and enforce within the unincorporated area of | 376 |
the county, or within districts the board establishes in the | 377 |
unincorporated area, an existing structures code pertaining to the | 378 |
repair and continued maintenance of structures and the premises of | 379 |
those structures provided that the existing structures code | 380 |
governs subject matter not addressed by, and is not in conflict | 381 |
with, the state residential building code adopted pursuant to | 382 |
Chapter 3781. of the Revised Code. The board may adopt by | 383 |
incorporation by reference a model or standard code prepared and | 384 |
promulgated by the state, any agency of this state, or any private | 385 |
organization that publishes a recognized or standard existing | 386 |
structures code. | 387 |
(c) The board shall assign the duties of administering and | 388 |
enforcing any local residential building regulations or existing | 389 |
structures code to a county officer or employee who is trained and | 390 |
qualified for those duties and shall establish by resolution the | 391 |
minimum qualifications necessary to perform those duties. | 392 |
(2) The board may adopt regulations for participation in the | 393 |
national flood insurance program | 394 |
395 | |
as | 396 |
regulations | 397 |
of the Revised Code governing the prohibition, location, erection, | 398 |
construction, redevelopment, or floodproofing of new buildings or | 399 |
structures, substantial improvements to existing buildings or | 400 |
structures, or other development in unincorporated territory | 401 |
within flood hazard areas identified under the "Flood Disaster | 402 |
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as | 403 |
amended, or within Lake Erie coastal erosion areas identified | 404 |
under section 1506.06 of the Revised Code, including, but not | 405 |
limited to, residential, commercial, institutional, or industrial | 406 |
buildings or structures or other permanent structures, as defined | 407 |
in section 1506.01 of the Revised Code. Rules adopted under | 408 |
division (B)(2) of this section shall not conflict with the state | 409 |
residential and nonresidential building codes adopted pursuant to | 410 |
section 3781.10 of the Revised Code. | 411 |
(3)(a) A board may adopt regulations that provide for a | 412 |
review of the specific effects of a proposed new construction on | 413 |
existing surface or subsurface drainage. The regulations may | 414 |
require reasonable drainage mitigation and reasonable alteration | 415 |
of a proposed new construction before a building permit is issued | 416 |
in order to prevent or correct any adverse effects that the | 417 |
proposed new construction may have on existing surface or | 418 |
subsurface drainage. The regulations shall not be inconsistent | 419 |
with, more stringent than, or broader in scope than standards | 420 |
adopted by the natural resource conservation service in the United | 421 |
States department of agriculture concerning drainage or rules | 422 |
adopted by the environmental protection agency for reducing, | 423 |
controlling, or mitigating storm water runoff from construction | 424 |
sites, where applicable. The regulations shall allow a person who | 425 |
is registered under Chapter 4703. or 4733. of the Revised Code to | 426 |
prepare and submit relevant plans and other documents for review, | 427 |
provided that the person is authorized to prepare the plans and | 428 |
other documents pursuant to the person's registration. | 429 |
(b) If regulations are adopted under division (B)(3) of this | 430 |
section, the board shall specify in the regulations a procedure | 431 |
for the review of the specific effects of a proposed new | 432 |
construction on existing surface or subsurface drainage. The | 433 |
procedure shall include at a minimum all of the following: | 434 |
(i) A meeting at which the proposed new construction shall be | 435 |
examined for those specific effects. The meeting shall be held | 436 |
within thirty days after an application for a building permit is | 437 |
filed or a review is requested unless the applicant agrees in | 438 |
writing to extend that time period or to postpone the meeting to | 439 |
another date, time, or place. The meeting shall be scheduled | 440 |
within five days after an application for a building permit is | 441 |
filed or a review is requested. | 442 |
(ii) Written notice of the date, time, and place of that | 443 |
meeting, sent by regular mail to the applicant. The written notice | 444 |
shall be mailed at least seven days before the scheduled meeting | 445 |
date. | 446 |
(iii) Completion of the review by the board of county | 447 |
commissioners not later than thirty days after the application for | 448 |
a building permit is filed or a review is requested unless the | 449 |
applicant has agreed in writing to extend that time period or | 450 |
postpone the meeting to a later time, in which case the review | 451 |
shall be completed not later than two days after the date of the | 452 |
meeting. A complete review shall include the issuance of any order | 453 |
of the board of county commissioners regarding necessary | 454 |
reasonable drainage mitigation and necessary reasonable | 455 |
alterations to the proposed new construction to prevent or correct | 456 |
any adverse effects on existing surface or subsurface drainage so | 457 |
long as those alterations comply with the state residential and | 458 |
nonresidential building codes adopted pursuant to section 3781.10 | 459 |
of the Revised Code. If the review is not completed within the | 460 |
thirty-day period or an extended or postponed period that the | 461 |
applicant has agreed to, the proposed new construction shall be | 462 |
deemed to have no adverse effects on existing surface or | 463 |
subsurface drainage, and those effects shall not be a valid basis | 464 |
for the denial of a building permit. | 465 |
(iv) A written statement, provided to the applicant at the | 466 |
meeting or in an order for alterations to a proposed new | 467 |
construction, informing the applicant of the right to seek | 468 |
appellate review of the denial of a building permit under division | 469 |
(B)(3)(b)(iii) of this section by filing a petition in accordance | 470 |
with Chapter 2506. of the Revised Code. | 471 |
(c) The regulations may authorize the board, after obtaining | 472 |
the advice of the county engineer, to enter into an agreement with | 473 |
the county engineer or another qualified person or entity to carry | 474 |
out any necessary inspections and make evaluations about what, if | 475 |
any, alterations are necessary to prevent or correct any adverse | 476 |
effects that a proposed new construction may have on existing | 477 |
surface or subsurface drainage. | 478 |
(d) Regulations adopted pursuant to division (B)(3) of this | 479 |
section shall not apply to any property that a platting authority | 480 |
has approved under section 711.05, 711.09, or 711.10 of the | 481 |
Revised Code and shall not govern the same subject matter as the | 482 |
state residential or nonresidential building codes adopted | 483 |
pursuant to section 3781.10 of the Revised Code. | 484 |
(e) As used in division (B)(3) of this section, "subsurface | 485 |
drainage" does not include a household sewage treatment system as | 486 |
defined in section 3709.091 of the Revised Code. | 487 |
(C)(1) Any regulation, code, or amendment may be adopted | 488 |
under this section only after a public hearing at not fewer than | 489 |
two regular or special sessions of the board. The board shall | 490 |
cause notice of any public hearing to be published in a newspaper | 491 |
of general circulation in the county once a week for the two | 492 |
consecutive weeks immediately preceding the hearing, except that | 493 |
if the board posts the hearing notice on the board's internet site | 494 |
on the world wide web, the board need publish only one notice of | 495 |
the hearing in a newspaper of general circulation if that | 496 |
newspaper notice includes the board's internet site and a | 497 |
statement that the notice is also posted on the internet site. Any | 498 |
notice of a public hearing shall include the time, date, and place | 499 |
of the hearing. | 500 |
(2) Any proposed regulation, code, or amendment shall be made | 501 |
available to the public at the board office. The regulations or | 502 |
amendments shall take effect on the thirty-first day following the | 503 |
date of their adoption. | 504 |
(D)(1) No person shall violate any regulation, code, or | 505 |
amendment the board adopts under sections 307.37 to 307.40 of the | 506 |
Revised Code. | 507 |
(2) Each day during which an illegal location, erection, | 508 |
construction, floodproofing, repair, alteration, development, | 509 |
redevelopment, or maintenance continues may be considered a | 510 |
separate offense. | 511 |
(E) Regulations or amendments the board adopts pursuant to | 512 |
this section, with the exception of an existing structures code, | 513 |
do not affect buildings or structures that exist or on which | 514 |
construction has begun on or before the date the board adopts the | 515 |
regulation or amendment. | 516 |
(F)(1) The board may create a building department and employ | 517 |
the personnel it determines necessary to administer and enforce | 518 |
any local residential building regulations or existing structures | 519 |
code the board adopts pursuant to this section. The building | 520 |
department may enforce the state residential and nonresidential | 521 |
building codes adopted pursuant to Chapter 3781. of the Revised | 522 |
Code if the building department is certified pursuant to section | 523 |
3781.10 of the Revised Code to enforce those codes. | 524 |
(2) The board may direct the building department, upon | 525 |
certification, to exercise enforcement authority and to accept and | 526 |
approve plans pursuant to sections 3781.03 and 3791.04 of the | 527 |
Revised Code for the class of building for which the department | 528 |
and personnel are certified. | 529 |
Sec. 1501.011. (A) The department of natural resources has | 530 |
the following powers in addition to its other powers: to prepare, | 531 |
or contract to be prepared, surveys, general and detailed plans, | 532 |
specifications, bills of materials, and estimates of cost for, to | 533 |
enter into contracts for, and to supervise the performance of | 534 |
labor, the furnishing of materials, or the construction, repair, | 535 |
or maintenance of any projects, improvements, or buildings, on | 536 |
lands and waters under the control of the department, as may be | 537 |
authorized by legislative appropriations or any other funds | 538 |
available therefor. | 539 |
(B) Except | 540 |
as provided in division (E) of this section, the director of | 541 |
natural resources shall publish notice in a newspaper of general | 542 |
circulation in the | 543 |
which bids are submitted is to | 544 |
newspapers that the director determines are appropriate, at least | 545 |
once each week for four consecutive weeks, the last publication to | 546 |
be at least eight days preceding the day for opening bids, seeking | 547 |
proposals on each contract for the performance of labor, the | 548 |
furnishing of materials, or the construction, repair, or | 549 |
maintenance of projects, improvements, or buildings, as necessary | 550 |
for compliance with provisions of the act to make appropriations | 551 |
for capital improvements or the act to make general | 552 |
appropriations, and | 553 |
trade journals as will afford adequate information to the public | 554 |
of the terms of the contract and the nature of the work to be | 555 |
performed, together with the time of the letting and place and | 556 |
manner of receiving proposals, and the places where plans and | 557 |
specifications are on file. A proposal is invalid and shall not be | 558 |
considered by the department unless the form for proposals | 559 |
specified by the department is used without change, alteration, or | 560 |
addition. | 561 |
(C) Each bidder for a contract for the performance of labor, | 562 |
the furnishing of materials, or the maintenance, construction, | 563 |
demolition, alteration, repair, or reconstruction of an | 564 |
improvement shall meet the requirements of section 153.54 of the | 565 |
Revised Code. The director may require each bidder to furnish
| 566 |
under oath, upon such printed forms as | 567 |
prescribe,
detailed information with respect to | 568 |
financial resources, equipment, past performance record, | 569 |
organization personnel, and experience, together with such other | 570 |
information as the director considers necessary. | 571 |
(D) The director shall award the contract to the lowest | 572 |
responsive and responsible bidder in accordance with section 9.312 | 573 |
of the Revised Code. The award shall be made within a reasonable | 574 |
time after the date on which the bids were opened, and the | 575 |
successful bidder shall enter into a contract within ten days from | 576 |
the date | 577 |
has been awarded | 578 |
that the director
considers necessary. | 579 |
580 | |
581 | |
582 | |
583 | |
preclude the rejection of any bid the acceptance of which is not | 584 |
in the best interests of the state. No contract shall be entered | 585 |
into until the bureau of workers' compensation has certified that | 586 |
the corporation, partnership, or person awarded the contract has | 587 |
complied with Chapter 4123. of the Revised Code and until, if the | 588 |
bidder awarded the contract is a foreign corporation, the | 589 |
secretary of state has certified that | 590 |
authorized to do business in this state, and until, if the bidder | 591 |
so awarded the contract is a person or partnership nonresident of | 592 |
this state, | 593 |
secretary of state a power of attorney designating the secretary | 594 |
of state as its agency for the purpose of accepting service of | 595 |
process. | 596 |
| 597 |
entering into a contract | 598 |
599 | |
the construction, repair, or maintenance of any projects, | 600 |
improvements, or buildings on lands and waters under the control | 601 |
of the department, both of the following apply: | 602 |
(1) The director is not required to advertise for and receive | 603 |
bids if the total estimated cost of | 604 |
than | 605 |
(2) The director is not required to advertise for bids, | 606 |
regardless of the cost of the contract, if the contract involves | 607 |
an exigency that concerns the public health, safety, or welfare or | 608 |
addresses an emergency situation in which timeliness is crucial in | 609 |
preventing the cost of the contract from increasing significantly. | 610 |
Regarding such a contract, the director may solicit bids by | 611 |
sending a letter to a minimum of three contractors in the region | 612 |
where the contract is to be let or by any other means that the | 613 |
director considers appropriate. | 614 |
(F) The director may insert in any contract awarded under | 615 |
this section a clause providing for value engineering change | 616 |
proposals, under which a contractor who has been awarded a | 617 |
contract may propose a change in the plans and specifications of | 618 |
the project that saves the department time or money on the project | 619 |
without impairing any of the essential functions and | 620 |
characteristics of the project such as service life, reliability, | 621 |
economy of operation, ease of maintenance, safety, and necessary | 622 |
standardized features. If the director adopts the value | 623 |
engineering proposal, the savings from the proposal shall be | 624 |
divided between the department and the contractor according to | 625 |
guidelines established by the director, provided that the | 626 |
contractor shall receive at least fifty per cent of the savings | 627 |
from the proposal. The adoption of a value engineering proposal | 628 |
does not invalidate the award of the contract or require the | 629 |
director to rebid the project. | 630 |
(G) When in the opinion of the department the work under any | 631 |
contract made under this section or any law of the state is | 632 |
neglected by the contractor, the work completed is deficient in | 633 |
quality or materials, or | 634 |
diligence and force specified or intended in the contract, the | 635 |
department may | 636 |
637 | |
638 | |
639 | |
640 | |
641 | |
642 | |
department, any additional labor and materials that are necessary | 643 |
to complete the improvements at the level of quality and within | 644 |
the time of performance specified in the contract. Procedures | 645 |
concerning such a requirement together with its format shall be | 646 |
specified in the contract. If the contractor fails to comply with | 647 |
648 | |
specified in the contract, the department may | 649 |
action to complete the work | 650 |
651 | |
652 | |
means, up to and including termination of the contract. | 653 |
(H) When an exigency occurs or there is immediate danger of | 654 |
an exigency that would materially impair the successful bidding, | 655 |
construction, or completion of a project, improvement, or | 656 |
building, the director may revise related plans and specifications | 657 |
as necessary to address the exigency through the issuance of an | 658 |
addendum prior to the opening of bids or, in accordance with | 659 |
procedures established in section 153.62 of the Revised Code, | 660 |
through the issuance of a change order after the contract has been | 661 |
awarded. | 662 |
Sec. 1501.07. The department of natural resources through | 663 |
the division of parks and recreation may plan, supervise, acquire, | 664 |
construct, enlarge, improve, erect, equip, and furnish public | 665 |
service facilities such as inns, lodges, hotels, | 666 |
camping sites, scenic trails, picnic sites, restaurants, | 667 |
commissaries, golf courses, boating and bathing facilities, and | 668 |
other similar facilities in state parks reasonably necessary and | 669 |
useful in promoting the public use of state parks under its | 670 |
control and may purchase lands or interests in lands in the name | 671 |
of the state necessary for | 672 |
The chief of the division of parks and recreation shall | 673 |
administer state parks, establish rules, fix fees and charges for | 674 |
admission to parks and for the use of public service facilities | 675 |
therein, establish rentals for the lease of lands or interests | 676 |
therein within a state park the chief is authorized by law to | 677 |
lease, and exercise all powers of the chief, in conformity with | 678 |
all covenants of the director of natural resources in or with | 679 |
respect to state park revenue bonds and trust agreements securing | 680 |
such bonds and all terms, provisions, and conditions of such bonds | 681 |
and trust agreements. In the administration of state parks with | 682 |
respect to which state park revenue bonds are issued and | 683 |
outstanding, or any part of the moneys received from fees and | 684 |
charges for admission to or the use of facilities, from rentals | 685 |
for the lease of lands or interests or facilities therein, or for | 686 |
the lease of public service facilities are pledged for any such | 687 |
bonds, the chief shall exercise the powers and perform the duties | 688 |
of the chief subject to the control and approval of the director. | 689 |
The acquisition of such lands or interests therein and facilities | 690 |
shall be planned with regard to the needs of the people of the | 691 |
state and with regard to the purposes and uses of such state parks | 692 |
and, except for facilities constructed in consideration of a lease | 693 |
under section 1501.012 of the Revised Code, shall be paid for from | 694 |
the state park fund created in section 1541.22 of the Revised Code | 695 |
or from the proceeds of the sale of bonds issued under sections | 696 |
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04 | 697 |
of the Revised Code, insofar as they require a certification by | 698 |
the chief of the division of capital planning and improvement, do | 699 |
not apply to the acquisition of lands or interests therein and | 700 |
public service facilities to be paid for from the proceeds of | 701 |
bonds issued under sections 1501.12 to 1501.15 of the Revised | 702 |
Code. | 703 |
As used in sections 1501.07 to 1501.14 of the Revised Code, | 704 |
state parks are all of the following: | 705 |
(A) State reservoirs described and identified in section | 706 |
1541.06 of the Revised Code; | 707 |
(B) All lands or interests therein | 708 |
as state parks | 709 |
1541.083 of the Revised Code; | 710 |
(C) All lands or interests therein of the state identified as | 711 |
administered by the division of parks and recreation in the | 712 |
"inventory of state owned lands administered by department of | 713 |
natural resources as of June 1, 1963," as recorded in the journal | 714 |
of the director, which inventory was prepared by the real estate | 715 |
section of the department and is supported by maps on file in the | 716 |
division of real estate and land management; | 717 |
(D) All lands or interests in lands of the state hereafter | 718 |
designated as state parks in the journal of the director with the | 719 |
approval of the recreation and resources council. | 720 |
All such state parks shall be exclusively under the control | 721 |
and administration of the division of parks and recreation. With | 722 |
the approval of the council, the director by order may remove from | 723 |
the classification as state parks any of the lands or interests | 724 |
therein so classified by divisions (C) and (D) of this section, | 725 |
subject to the limitations, provisions, and conditions in any | 726 |
order authorizing state park revenue bonds or in any trust | 727 |
agreement securing such bonds. Lands or interests therein so | 728 |
removed shall be transferred to other divisions of the department | 729 |
for administration or may be sold as provided by law. Proceeds of | 730 |
any sale shall be used or transferred as provided in the order | 731 |
authorizing state park revenue bonds or in the trust agreement | 732 |
and, if no such provision is made, shall be transferred to the | 733 |
state park fund. State parks do not include any lands or interest | 734 |
in lands of the state administered jointly by two or more | 735 |
divisions of the department. The designation of lands as state | 736 |
parks under divisions (A) to (D) of this section shall be | 737 |
conclusive, and those lands shall be under the control of and | 738 |
administered by the division of parks and recreation. No order or | 739 |
proceeding designating lands as state parks or park purchase areas | 740 |
shall be subject to any appeal or review by any officer, board, | 741 |
commission, or court. | 742 |
Sec. 1501.32. (A) No person shall divert more than one | 743 |
hundred thousand gallons per day of any waters of the state out of | 744 |
the Lake Erie or Ohio river drainage basins to another basin | 745 |
without having a permit to do so issued by the director of natural | 746 |
resources. An application for such a permit shall be filed with | 747 |
the director upon such forms as | 748 |
application shall state the quantity of water to be diverted, the | 749 |
purpose of the diversion, the life of the project for which the | 750 |
water is to be diverted, and such other information as the | 751 |
director may require by rule. Each application shall be | 752 |
accompanied by a nonrefundable fee of one thousand dollars, which | 753 |
shall be credited to the water management fund, which is hereby | 754 |
created. | 755 |
(B) The director shall not approve a permit application filed | 756 |
under this section if | 757 |
following | 758 |
(1) During the life of the project for which the water is to | 759 |
be diverted, some or all of the water to be diverted will be | 760 |
needed for use within the basin | 761 |
(2) The proposed diversion would endanger the public health, | 762 |
safety, or welfare | 763 |
(3) The applicant has not demonstrated that the proposed | 764 |
diversion is a reasonable and beneficial use and is necessary to | 765 |
serve the applicant's present and future needs | 766 |
(4) The applicant has not demonstrated that reasonable | 767 |
efforts have been made to develop and conserve water resources in | 768 |
the importing basin and that further development of those | 769 |
resources would engender overriding, adverse economic, social, or | 770 |
environmental impacts | 771 |
(5) The proposed diversion is inconsistent with regional or | 772 |
state water resources plans | 773 |
(6) The proposed diversion, alone or in combination with | 774 |
other diversions and water losses, will have a significant adverse | 775 |
impact on in-stream uses or on economic or ecological aspects of | 776 |
water levels. | 777 |
The director may hold public hearings upon any application | 778 |
for a permit. | 779 |
(C) Whenever the director receives an application under this | 780 |
section to divert water out of the Lake Erie drainage basin,
| 781 |
the director shall notify the governors and premiers of the other | 782 |
great lakes states and provinces, the appropriate water management | 783 |
agencies of those states and provinces, and, when appropriate, the | 784 |
international joint commission and shall solicit their comments | 785 |
and concerns regarding the application. In the event of an | 786 |
objection to the proposed diversion, the director shall consult | 787 |
with the affected great lakes states and provinces to consider the | 788 |
issues involved and seek mutually agreeable recommendations. | 789 |
Before rendering a decision on the permit application, the | 790 |
director shall consider the concerns, comments, and | 791 |
recommendations of the other great lakes states and provinces and | 792 |
the international joint commission, and, in accordance with | 793 |
section 1109 of the "Water Resources Development Act of 1986," 100 | 794 |
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a | 795 |
permit application for any diversion to which that section | 796 |
pertains unless that diversion is approved by the governor of each | 797 |
great lakes state as defined in section 1109(c) of that act. | 798 |
(D) The director shall determine the period for which each | 799 |
permit approved under this section will be valid and specify the | 800 |
expiration date, but in no case shall a permit be valid beyond the | 801 |
life of the project as stated in the application. | 802 |
The director shall establish rules providing for the transfer | 803 |
of permits. A permit may be transferred on the conditions that the | 804 |
quantity of water diverted not be increased and that the purpose | 805 |
of the diversion not be changed. | 806 |
(E)(1) Within a time established by rule, the director shall | 807 |
do one of the following: | 808 |
(a) Notify the applicant that an application | 809 |
filed under this section is approved or denied and, if denied, the | 810 |
reason for denial; | 811 |
(b) Notify the applicant of any modification necessary to | 812 |
qualify the application for approval. | 813 |
(2) Any person who receives notice of a denial or | 814 |
modification under division (E)(1) of this section is entitled to | 815 |
a hearing under Chapter 119. of the Revised Code if the person | 816 |
sends a written request for a hearing to the director within | 817 |
thirty days after the date on which the notice is mailed or | 818 |
otherwise provided to the applicant. | 819 |
(F) The director shall revoke a permit under this section | 820 |
without a prior hearing if | 821 |
quantity of water being diverted exceeds the quantity stated in | 822 |
the permit application. | 823 |
The director may suspend a permit if | 824 |
determines that the continued diversion of water will endanger the | 825 |
public health, safety, or welfare. Before suspending a permit, the | 826 |
director shall make a reasonable attempt to notify the permittee | 827 |
that | 828 |
fails, notification shall be given as soon as practicable | 829 |
following the suspension. Within five days after the suspension, | 830 |
the director shall provide the permittee an opportunity to be | 831 |
heard and to present evidence that the continued diversion of | 832 |
water will not endanger the public health, safety, or welfare. | 833 |
If the director determines before the expiration date of a | 834 |
suspended permit that the diversion of water can be resumed | 835 |
without danger to the public health, safety, or welfare, | 836 |
director shall, upon request of the permittee, reinstate the | 837 |
permit. | 838 |
(G) Any six or more residents of this state may petition the | 839 |
director for an investigation of a withdrawal of water resources | 840 |
that they allege is in violation of a permit issued under this | 841 |
section. | 842 |
The petition shall identify the permittee and detail the | 843 |
reasons why the petitioners believe that grounds exist for the | 844 |
revocation or suspension of the permit under this section. | 845 |
Upon receipt of the petition, the director shall send a copy | 846 |
to the permittee and, within sixty days, make a determination | 847 |
whether grounds exist for revocation or suspension of the permit | 848 |
under this section. | 849 |
(H) Each permittee shall submit to the director an annual | 850 |
report containing such information as the director may require by | 851 |
rule. | 852 |
(I) The director shall issue a permit under division (A) of | 853 |
this section to any person who lawfully diverted more than one | 854 |
hundred thousand gallons per day of any waters of the state out of | 855 |
the Ohio river drainage basin during the calendar year ending | 856 |
October 14, 1984. A person who is eligible for a permit under this | 857 |
division shall file an application under division (A) of this | 858 |
section not later than one hundred eighty days after the effective | 859 |
date of this amendment. | 860 |
A person who applies for a permit under this division need | 861 |
not pay the application fee that is otherwise required under | 862 |
division (A) of this section. In addition, divisions (B) to (H) of | 863 |
this section and rules adopted under section 1501.31 of the | 864 |
Revised Code do not apply to an application that is filed or a | 865 |
permit that is issued under this division. | 866 |
Sec. 1502.01. As used in this chapter: | 867 |
(A) "Litter" means garbage, trash, waste, rubbish, ashes, | 868 |
cans, bottles, wire, paper, cartons, boxes, automobile parts, | 869 |
furniture, glass, or anything else of an unsightly or unsanitary | 870 |
nature thrown, dropped, discarded, placed, or deposited by a | 871 |
person on public property, on private property not owned by the | 872 |
person, or in or on waters of the state unless one of the | 873 |
following applies: | 874 |
(1) The person has been directed to do so by a public | 875 |
official as part of a litter collection drive | 876 |
(2) The person has thrown, dropped, discarded, placed, or | 877 |
deposited the material in a receptacle in a manner that prevented | 878 |
its being carried away by the elements | 879 |
(3) The person has been issued a permit or license covering | 880 |
the material pursuant to Chapter 3734. or 6111. of the Revised | 881 |
Code. | 882 |
(B) "Recycling" means the process of collecting, sorting, | 883 |
cleansing, treating, and reconstituting waste or other discarded | 884 |
materials for the purpose of recovering and reusing the materials. | 885 |
(C) "Agency of the state" includes, but is not limited to, an | 886 |
"agency" subject to Chapter 119. of the Revised Code and a "state | 887 |
university or college" as defined in section 3345.12 of the | 888 |
Revised Code. | 889 |
(D) " | 890 |
the initial production of waste materials at their point of | 891 |
origin. | 892 |
(E) "Enterprise" means a business with its principal place of | 893 |
business in this state and that proposes to engage in research and | 894 |
development or recycling in this state. | 895 |
(F) "Research and development" means inquiry, | 896 |
experimentation, or demonstration to advance basic scientific or | 897 |
technical knowledge or the application, adaptation, or use of | 898 |
existing or newly discovered scientific or technical knowledge | 899 |
regarding recycling, | 900 |
(G) "Recyclables" means waste materials that are collected, | 901 |
separated, or processed and used as raw materials or products. | 902 |
(H) "Recycling market development" means activities that | 903 |
stimulate the demand for recycled products, provide for a | 904 |
consistent supply of recyclables to meet the needs of recycling | 905 |
industries, or both. | 906 |
(I) "Solid waste management districts" means solid waste | 907 |
management districts established under Chapter 343. of the Revised | 908 |
Code. | 909 |
(J) "Synthetic rubber" means produced or extended rubber and | 910 |
products made from a synthetic rubber base material originating | 911 |
from petrochemical feedstocks, including scrap tires, tire molds, | 912 |
automobile engine belts, brake pads and hoses, weather stripping, | 913 |
fittings, electrical insulation, and other molded objects and | 914 |
parts. | 915 |
Sec. 1502.03. (A) The chief of the division of recycling and | 916 |
litter prevention
shall establish and implement statewide | 917 |
source reduction, recycling, recycling market development, and | 918 |
litter prevention programs that include all of the following: | 919 |
(1) The assessment of waste generation within the state and | 920 |
implementation of
| 921 |
(2) The implementation of recycling and recycling market | 922 |
development activities and projects, including all of the | 923 |
following: | 924 |
(a) Collection of recyclables; | 925 |
(b) Separation of recyclables; | 926 |
(c) Processing of recyclables; | 927 |
(d) Facilitation and encouragement of the use of recyclables | 928 |
and products made with recyclables; | 929 |
(e) Education and training concerning recycling and products | 930 |
manufactured with recyclables; | 931 |
(f) Public awareness campaigns to promote recycling; | 932 |
(g) Other activities and projects that promote recycling and | 933 |
recycling market development. | 934 |
(3) Litter prevention assistance to enforce antilitter laws, | 935 |
educate the public, and stimulate collection and containment of | 936 |
litter; | 937 |
(4) Research and development regarding | 938 |
reduction, recycling, and litter prevention, including, without | 939 |
limitation, research and development regarding materials or | 940 |
products manufactured with recyclables. | 941 |
(B) The chief, with the approval of the director of natural | 942 |
resources, may enter into contracts or other agreements and may | 943 |
execute any instruments necessary or incidental to the discharge | 944 |
of the chief's responsibilities under this chapter. | 945 |
Sec. 1502.12. (A) There is hereby created in the state | 946 |
treasury the scrap tire grant fund, consisting of moneys | 947 |
transferred to the fund under section 3734.82 of the Revised Code. | 948 |
The chief of the division of recycling and litter prevention, with | 949 |
the approval of the director of natural resources, may make grants | 950 |
from the fund for the purpose of supporting market development | 951 |
activities for scrap tires and synthetic rubber from tire | 952 |
manufacturing processes and tire recycling processes. The grants | 953 |
may be awarded to individuals, businesses, and entities certified | 954 |
under division (A) of section 1502.04 of the Revised Code. | 955 |
(B) Projects and activities that are eligible for grants | 956 |
under this section shall be evaluated for funding using, at a | 957 |
minimum, the following criteria: | 958 |
(1) The degree to which a proposed project contributes to the | 959 |
increased use of scrap tires generated in this state; | 960 |
(2) The degree of local financial support for a proposed | 961 |
project; | 962 |
(3) The technical merit and quality of a proposed project. | 963 |
Sec. 1503.23. Notwithstanding any other section of the | 964 |
Revised Code relating to the distribution or crediting of fines | 965 |
for violations of the Revised Code,
all fines | 966 |
967 | |
arising from prosecutions, convictions, confiscations, or other | 968 |
actions commenced under this chapter shall be paid to the | 969 |
treasurer of state and deposited in the state treasury to the | 970 |
credit of the state forest fund created in section 1503.05 of the | 971 |
Revised Code. | 972 |
Sec. 1504.02. (A) The division of real estate and land | 973 |
management shall do all of the following: | 974 |
(1) Except as otherwise provided in the Revised Code, | 975 |
coordinate and conduct all real estate functions for the | 976 |
department of natural resources, including at least acquisitions | 977 |
by purchase, lease, gift, devise, bequest, appropriation, or | 978 |
otherwise; grants through sales, leases, exchanges, easements, and | 979 |
licenses; inventories of land; and other related general | 980 |
management duties; | 981 |
(2) Assist the department and its divisions by providing | 982 |
department-wide planning, including at least master planning, | 983 |
comprehensive planning, capital improvements planning, and special | 984 |
purpose planning such as trails coordination and planning under | 985 |
section 1519.03 of the Revised Code; | 986 |
(3) On behalf of the director of natural resources, | 987 |
administer the coastal management program established under | 988 |
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised | 989 |
Code and consult with and provide coordination among state | 990 |
agencies, political subdivisions, the United States and agencies | 991 |
of it, and interstate, regional, and areawide agencies to assist | 992 |
the director in executing the director's duties and | 993 |
responsibilities under that program and to assist the department | 994 |
as the lead agency for the development and implementation of the | 995 |
program; | 996 |
(4) On behalf of the director, administer sections 1506.10 | 997 |
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code; | 998 |
(5) Cooperate with the United States and agencies of it and | 999 |
with political subdivisions in administering federal recreation | 1000 |
moneys under the "Land and Water Conservation Fund Act of 1965," | 1001 |
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and | 1002 |
distribute the statewide comprehensive outdoor recreation plan; | 1003 |
and administer the state recreational vehicle fund created in | 1004 |
section 4519.11 of the Revised Code; | 1005 |
(6)(a) Support the geographic information system needs for | 1006 |
the department as requested by the director, which shall include, | 1007 |
but not be limited to, all of the following: | 1008 |
(i) Assisting in the training and education of department | 1009 |
resource managers, administrators, and other staff in the | 1010 |
application and use of geographic information system technology; | 1011 |
(ii) Providing technical support to the department in the | 1012 |
design, preparation of data, and use of appropriate geographic | 1013 |
information system applications in order to help solve resource | 1014 |
related problems and to improve the effectiveness and efficiency | 1015 |
of department delivered services; | 1016 |
(iii) Creating, maintaining, and documenting spatial digital | 1017 |
data bases for the division and for other divisions as assigned by | 1018 |
the director. | 1019 |
(b) Provide information to and otherwise assist government | 1020 |
officials, planners, and resource managers in understanding land | 1021 |
use planning and resource management; | 1022 |
(c) Provide continuing assistance to local government | 1023 |
officials and others in natural resource digital data base | 1024 |
development and in applying and utilizing the geographic | 1025 |
information system for land use planning, current agricultural use | 1026 |
value assessment, development reviews, coastal management, and | 1027 |
other resource management activities; | 1028 |
(d) Coordinate and administer the remote sensing needs of the | 1029 |
department, including the collection and analysis of aerial | 1030 |
photography, satellite data, and other data pertaining to land, | 1031 |
water, and other resources of the state; | 1032 |
(e) Prepare and publish maps and digital data relating to the | 1033 |
state's land use and land cover over time on a local, regional, | 1034 |
and statewide basis; | 1035 |
(f) Locate and distribute hard copy maps, digital data, | 1036 |
aerial photography, and other resource data and information to | 1037 |
government agencies and the public. | 1038 |
(7) Prepare special studies and execute any other duties, | 1039 |
functions, and responsibilities requested by the director. | 1040 |
(B) The division may do any of the following: | 1041 |
(1) Coordinate such environmental matters concerning the | 1042 |
department and the state as are necessary to comply with the | 1043 |
"National Environmental Policy Act of 1969," 83 Stat. 852, 42 | 1044 |
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act | 1045 |
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water | 1046 |
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as | 1047 |
amended, and regulations adopted under those acts; | 1048 |
(2) With the approval of the director, coordinate and | 1049 |
administer compensatory mitigation grant programs and other | 1050 |
programs for streams and wetlands as approved in accordance with | 1051 |
certifications and permits issued under sections 401 and 404 of | 1052 |
the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33 | 1053 |
U.S.C.A. 1251, as amended, by the environmental protection agency | 1054 |
and the United States army corps of engineers; | 1055 |
(3) On behalf of the director, administer Chapter 1520. of | 1056 |
the Revised Code, except divisions (B) to (F) of section 1520.03 | 1057 |
of the Revised Code, division (A) of section 1520.04 of the | 1058 |
Revised Code as it pertains to those divisions, and section | 1059 |
1520.05 of the Revised Code; | 1060 |
| 1061 |
that is related to natural resources and recreation as considered | 1062 |
necessary by the director. | 1063 |
Sec. 1506.04. (A) No later than | 1064 |
1065 | |
municipal corporation within whose jurisdiction is a coastal flood | 1066 |
hazard area shall either participate in and remain in compliance | 1067 |
with the national flood insurance program | 1068 |
1069 | |
1070 | |
governing the coastal flood hazard area that meet or exceed the | 1071 |
standards required for participation in the regular phase of the | 1072 |
national flood insurance program. | 1073 |
(B) If the director of natural resources determines at any | 1074 |
time that a county or municipal corporation that is participating | 1075 |
in the national flood insurance program | 1076 |
1077 | |
1078 | |
program or
those resolutions or ordinances, as applicable, | 1079 |
director shall so notify the legislative authority of the county | 1080 |
or municipal corporation and shall also notify the legislative | 1081 |
authority that
it may respond to | 1082 |
accordance with the procedure for doing so established by rules | 1083 |
adopted under section 1506.02 of the Revised Code. If after | 1084 |
considering the legislative authority's response the director | 1085 |
determines that the county or municipal corporation is still not | 1086 |
in compliance with the national flood insurance program or | 1087 |
resolutions or ordinances adopted under division (A) of this | 1088 |
section, as applicable, | 1089 |
general in writing to, and the attorney general shall, bring an | 1090 |
action for appropriate relief in a court of competent jurisdiction | 1091 |
against the county or municipal corporation. | 1092 |
(C) The attorney general, upon the written request of the | 1093 |
director, shall bring an action for appropriate relief in a court | 1094 |
of competent jurisdiction against any development that meets both | 1095 |
of the following criteria: | 1096 |
(1) Is located in a county or municipal corporation that is | 1097 |
not in compliance with division (A) of this section; | 1098 |
(2) Is not in compliance with the standards of the national | 1099 |
flood insurance program | 1100 |
1101 | |
1102 |
1103 | |
1104 | |
1105 | |
1106 | |
1107 |
(D) This section does not apply to any permits or approvals | 1108 |
issued by any state agency prior to the effective date of rules | 1109 |
adopted under section 1506.02 of the Revised Code for the | 1110 |
implementation of this section. | 1111 |
(E) As used in this section, "national flood insurance | 1112 |
program" and "development" have the same meanings as in section | 1113 |
1521.01 of the Revised Code. | 1114 |
Sec. 1507.01. There is hereby created in the department of | 1115 |
natural resources the division of engineering to be administered | 1116 |
by the chief engineer of the department, who shall be a | 1117 |
professional engineer registered under Chapter 4733. or a | 1118 |
professional architect certified under Chapter 4703. of the | 1119 |
Revised Code. The chief engineer shall do all of the following: | 1120 |
(A) Administer this chapter; | 1121 |
(B) Provide engineering, architectural, land surveying, and | 1122 |
related administrative and maintenance support services to the | 1123 |
other divisions in the department; | 1124 |
(C) Upon request of the director of natural resources, | 1125 |
implement the department's capital improvement program and | 1126 |
facility maintenance projects, including all associated | 1127 |
engineering, architectural, design, contracting, surveying, | 1128 |
inspection, and management responsibilities and requirements; | 1129 |
(D) With the approval of the director, act as contracting | 1130 |
officer in departmental engineering, architectural, surveying, and | 1131 |
construction matters regarding capital improvements except for | 1132 |
those matters otherwise specifically provided for in law; | 1133 |
(E) Provide engineering support for the coastal management | 1134 |
program established under Chapter 1506. of the Revised Code; | 1135 |
(F) Coordinate the department's roadway maintenance program | 1136 |
with the department of transportation pursuant to section 5511.05 | 1137 |
of the Revised Code and maintain the roadway inventory of the | 1138 |
department of natural resources; | 1139 |
(G) Coordinate the department's projects, programs, policies, | 1140 |
procedures, and activities with the United States army corps of | 1141 |
engineers; | 1142 |
(H) Subject to the approval of the director, employ | 1143 |
professional and technical assistants and such other employees as | 1144 |
are necessary for the performance of the activities required or | 1145 |
authorized under this chapter, other work of the division, and any | 1146 |
other work agreed to under working agreements or contractual | 1147 |
arrangements; prescribe their duties; and fix their compensation | 1148 |
in accordance with such schedules as are provided by law for the | 1149 |
compensation of state employees. | 1150 |
Sec. 1515.093. The supervisors of a soil and water | 1151 |
conservation district may hold one or more credit cards on behalf | 1152 |
of the district and may authorize any supervisor or employee of | 1153 |
the district to use such a credit card to pay for expenses related | 1154 |
to the purposes of the district. The supervisors shall pay the | 1155 |
debt incurred as a result of the use of such a credit card from | 1156 |
the special fund established for the district under section | 1157 |
1515.10 of the Revised Code. | 1158 |
The misuse of a credit card held on behalf of a soil and | 1159 |
water conservation district is a violation of section 2913.21 of | 1160 |
the Revised Code. In addition, a supervisor or employee of a | 1161 |
district who makes unauthorized use of such a credit card may be | 1162 |
held personally liable to the district for the unauthorized use. | 1163 |
This section does not limit any other liability of a supervisor or | 1164 |
employee of a district for the unauthorized use of such a credit | 1165 |
card. | 1166 |
A supervisor or employee of a soil and water conservation | 1167 |
district who is authorized to use a credit card that is held on | 1168 |
behalf of the district and who suspects the loss, theft, or | 1169 |
possibility of another person's unauthorized use of the credit | 1170 |
card immediately shall notify the supervisors in writing of the | 1171 |
suspected loss, theft, or possible unauthorized use. | 1172 |
Sec. 1515.10. The board of county commissioners of each | 1173 |
county in which there is a soil and water conservation district | 1174 |
may levy a tax within the ten-mill limitation and may appropriate | 1175 |
money from the proceeds of | 1176 |
of the county | 1177 |
for the credit of the district, to be expended for the purposes | 1178 |
prescribed in
| 1179 |
Code, for construction and maintenance of improvements by the | 1180 |
district, and for other expenses incurred in carrying out the | 1181 |
program of the district upon the written order of the fiscal agent | 1182 |
for the district after authorization by a majority of the | 1183 |
supervisors of the district. | 1184 |
Sec. 1517.02. There is hereby created in the department of | 1185 |
natural resources the division of natural areas and preserves, | 1186 |
which shall be administered by the chief of natural areas and | 1187 |
preserves. The chief shall take an oath of office and shall file | 1188 |
in the office of the secretary of state a bond signed by the chief | 1189 |
and by a surety approved by the governor for a sum fixed pursuant | 1190 |
to section 121.11 of the Revised Code. | 1191 |
The chief shall administer a system of nature preserves and | 1192 |
wild, scenic, and recreational river areas. The chief shall | 1193 |
establish a system of nature preserves through acquisition and | 1194 |
dedication of natural areas of state or national significance, | 1195 |
which shall include, but not be limited to, areas that represent | 1196 |
characteristic examples of Ohio's natural landscape types and its | 1197 |
natural vegetation and geological history. The chief shall | 1198 |
encourage landowners to dedicate areas of unusual significance as | 1199 |
nature preserves, and shall establish and maintain a registry of | 1200 |
natural areas of unusual significance. | 1201 |
The chief may supervise, operate, protect, and maintain wild, | 1202 |
scenic, and recreational river areas, as designated by the | 1203 |
director of natural resources. The chief may cooperate with | 1204 |
federal agencies administering any federal program concerning | 1205 |
wild, scenic, or recreational river areas. | 1206 |
The chief shall do the following: | 1207 |
(A) Formulate policies and plans for the acquisition, use, | 1208 |
management, and protection of nature preserves; | 1209 |
(B) Formulate policies for the selection of areas suitable | 1210 |
for registration; | 1211 |
(C) Formulate policies for the dedication of areas as nature | 1212 |
preserves; | 1213 |
(D) Prepare and maintain surveys and inventories of natural | 1214 |
areas | 1215 |
animals | 1216 |
be stored in the Ohio natural heritage database, established | 1217 |
pursuant to this division, and may be made available to any | 1218 |
individual or private or public agency for research, educational, | 1219 |
environmental, land management, or other similar purposes that are | 1220 |
not detrimental to the conservation of a species or feature. | 1221 |
Information regarding sensitive site locations of species that are | 1222 |
listed pursuant to section 1518.01 of the Revised Code and of | 1223 |
unique natural features that are included in the Ohio natural | 1224 |
heritage database is not subject to section 149.43 of the Revised | 1225 |
Code if the chief determines that the release of the information | 1226 |
could be detrimental to the conservation of a species or unique | 1227 |
natural feature. | 1228 |
(E) Adopt rules for the use, visitation, and protection of | 1229 |
nature preserves, natural areas owned or managed through easement, | 1230 |
license, or lease by the department and administered by the | 1231 |
division, and lands owned or managed through easement, license, or | 1232 |
lease by the department and administered by the division that are | 1233 |
within or adjacent to any wild, scenic, or recreational river | 1234 |
area, in accordance with Chapter 119. of the Revised Code; | 1235 |
(F) Provide facilities and improvements within the state | 1236 |
system of nature preserves that are necessary for their | 1237 |
visitation, use, restoration, and protection and do not impair | 1238 |
their natural character; | 1239 |
(G) Provide interpretive programs and publish and disseminate | 1240 |
information pertaining to nature preserves and natural areas for | 1241 |
their visitation and use; | 1242 |
(H) Conduct and grant permits to qualified persons for the | 1243 |
conduct of scientific research and investigations within nature | 1244 |
preserves; | 1245 |
(I) Establish an appropriate system for marking nature | 1246 |
preserves; | 1247 |
(J) Publish and submit to the governor and the general | 1248 |
assembly a biennial report of the status and condition of each | 1249 |
nature preserve, activities conducted within each preserve, and | 1250 |
plans and recommendations for natural area preservation. | 1251 |
Sec. 1517.052. (A)(1) No public entity with authority to levy | 1252 |
special assessments on real property shall collect an assessment | 1253 |
for purposes of sewer, water, or electrical service on real | 1254 |
property that is within a nature preserve as described in division | 1255 |
(A)(2) of this section without the permission of the owner. | 1256 |
(2) For purposes of division (A)(1) of this section, a nature | 1257 |
preserve is an area that is established: | 1258 |
(a) In the case of counties, prior to the adoption of a | 1259 |
resolution of necessity by a board of county commissioners | 1260 |
pursuant to section 6103.05 or 6117.06 of the Revised Code; | 1261 |
(b) In the case of municipal corporations, prior to whichever | 1262 |
of the following occurs first: | 1263 |
(i) The adoption of the resolution of necessity by the | 1264 |
municipal legislative authority pursuant to section 727.12 or | 1265 |
729.02 of the Revised Code; | 1266 |
(ii) The service of notice on all or some of the owners to be | 1267 |
assessed pursuant to section 729.06 of the Revised Code; | 1268 |
(iii) The adoption of the ordinance or resolution by the | 1269 |
municipal legislative authority declaring the necessity for the | 1270 |
improvement, the costs of which are to be assessed under | 1271 |
procedures authorized by a municipal charter adopted pursuant to | 1272 |
Section 7 of Article XVIII, Ohio Constitution, or, if no such | 1273 |
ordinance or resolution is required under the charter, the service | 1274 |
of the first notice on all or some of the owners of lands to be | 1275 |
assessed, or the adoption of the first ordinance or resolution by | 1276 |
the municipal legislative authority pertaining to the assessment | 1277 |
proceedings under the charter. | 1278 |
(c) In the case of a regional water and sewer district | 1279 |
established under Chapter 6119. of the Revised Code, prior to the | 1280 |
adoption of a resolution of necessity by the board of trustees of | 1281 |
the district under section 6119.25 of the Revised Code. | 1282 |
(B) For each special assessment levied by a public entity on | 1283 |
real property within a nature preserve for purposes of sewer, | 1284 |
water, or electrical service, the county auditor shall make and | 1285 |
maintain a list showing all of the following: | 1286 |
(1) The name of the owner of each lot, tract, or parcel of | 1287 |
land that is exempt from the collection of the special assessment | 1288 |
under this section; | 1289 |
(2) A description of the exempt land; | 1290 |
(3) The purpose of the special assessment; | 1291 |
(4) The amount of the uncollected assessment on the exempt | 1292 |
land. | 1293 |
In the case of a county project that is constructed under | 1294 |
Chapter 6103. or 6117. of the Revised Code, the county auditor may | 1295 |
use a list provided for in those chapters in lieu of the list | 1296 |
required by division (B) of this section. The auditor also shall | 1297 |
record in the water works record that is required by section | 1298 |
6103.16 of the Revised Code or the sewer improvement record that | 1299 |
is required by section 6117.33 of the Revised Code those | 1300 |
assessments that are not collected under this section. The | 1301 |
recording of the assessments does not permit the collection of the | 1302 |
assessments until the time that exempt lands are withdrawn from | 1303 |
dedication as a nature preserve. | 1304 |
(C) A board of county commissioners, legislative authority of | 1305 |
a municipal corporation, or other governing board of any other | 1306 |
public entity may apply to the water and sewer commission created | 1307 |
in division (C) of section 1525.11 of the Revised Code for an | 1308 |
advance of money from the water and sewer fund created in division | 1309 |
(A) of that section in an amount equal to that portion of the | 1310 |
costs of a water or sewer improvement authorized by law that is to | 1311 |
be financed by assessments whose collection is prohibited under | 1312 |
division (A) of this section. The application for such an advance | 1313 |
of money shall be made in the manner prescribed by rules of the | 1314 |
commission. Upon collection of any assessment whose collection was | 1315 |
prohibited under division (A) of this section, the board of county | 1316 |
commissioners, legislative authority, or other governing board | 1317 |
shall repay the commission the amount of any money advanced by it | 1318 |
in regard to the assessments. | 1319 |
Sec. 1517.11. There is hereby created in the state treasury | 1320 |
the natural areas and preserves fund, which shall consist of | 1321 |
moneys transferred into it under section 5747.113 of the Revised | 1322 |
Code | 1323 |
penalties, and forfeitures arising from prosecutions, convictions, | 1324 |
confiscations, or other actions commenced under this chapter. Any | 1325 |
person may contribute directly to the fund in addition to or | 1326 |
independently of the income tax refund contribution system | 1327 |
established in that section. | 1328 |
Moneys in the fund shall be disbursed pursuant to vouchers | 1329 |
approved by the director of natural resources for use by the | 1330 |
division of natural areas and preserves solely for the following | 1331 |
purposes: | 1332 |
(A) The acquisition of new or expanded natural areas, nature | 1333 |
preserves, and wild, scenic, and recreational river areas; | 1334 |
(B) Facility development in natural areas, nature preserves, | 1335 |
and wild, scenic, and recreational river areas; | 1336 |
(C) Special projects, including, but not limited to, | 1337 |
biological inventories, research grants, and the production of | 1338 |
interpretive material related to natural areas, nature preserves, | 1339 |
and wild, scenic, and recreational river areas; | 1340 |
(D) Routine maintenance for health and safety purposes. | 1341 |
| 1342 |
money appropriated from the fund shall not be used to fund | 1343 |
salaries of permanent employees, administrative costs, or routine | 1344 |
maintenance. | 1345 |
All investment earnings of the fund shall be credited to the | 1346 |
fund. | 1347 |
Sec. 1517.14. (A) As used in sections 1517.14 to 1517.18 of | 1348 |
the Revised Code | 1349 |
(1) "Watercourse" means a substantially natural channel with | 1350 |
recognized banks and bottom, in which a perennial flow of water | 1351 |
occurs, | 1352 |
1353 |
(2) "Wild, scenic, or recreational river area" means a | 1354 |
watercourse, all lands within one thousand feet of the top of | 1355 |
either bank of the watercourse, and any additional lands that are | 1356 |
necessary to preserve, protect, and restore the natural character | 1357 |
of the watercourse and adjacent lands or to preserve water quality | 1358 |
or scenic, fish, wildlife, aesthetic, or outdoor recreational | 1359 |
value. | 1360 |
(B) The director of natural resources or the director's | 1361 |
representative may create, supervise, operate, protect, and | 1362 |
maintain wild, scenic, and recreational river areas under the | 1363 |
classifications established in section 1517.15 of the Revised | 1364 |
Code. The director or the director's representative may prepare | 1365 |
and maintain a plan for the establishment, development, use, and | 1366 |
administration of those areas as a part of the comprehensive state | 1367 |
plans for water management and outdoor recreation. The director or | 1368 |
the director's representative may cooperate with federal agencies | 1369 |
administering any federal program concerning wild, scenic, or | 1370 |
recreational river areas. | 1371 |
(C) The director may propose for | 1372 |
a wild, scenic, or recreational river area a part or parts of any | 1373 |
watercourse in this state, together with | 1374 |
described in division (A)(2) of this section, | 1375 |
1376 | |
1377 | |
1378 | |
1517.15 of the
Revised Code. | 1379 |
1380 | |
1381 | |
1382 | |
1383 | |
1384 | |
1385 | |
in, or add to, the declaration of a watercourse as a wild or | 1386 |
scenic river any upstream segments or headwaters of that | 1387 |
watercourse even if the upstream segments or headwaters do not | 1388 |
independently meet the wild or scenic river area classifications | 1389 |
established in section 1517.15 of the Revised Code. | 1390 |
The director shall publish the intention to declare an area a | 1391 |
wild, scenic, or recreational river area at least once in a | 1392 |
newspaper of general circulation in each county, any part of which | 1393 |
is within the area, and shall send written notice of the intention | 1394 |
to the legislative authority of each county, township, and | 1395 |
municipal corporation and to each conservancy district established | 1396 |
under Chapter 6101. of the Revised Code, any part of which is | 1397 |
within the area, and to the director of transportation, the | 1398 |
director of development, the director of administrative services, | 1399 |
and the director of environmental protection. The notices shall | 1400 |
include a copy of a map and description of the area. | 1401 |
(D) After thirty days from the last date of publication or | 1402 |
dispatch of written notice as required in this section, the | 1403 |
director shall enter a declaration in the director's journal that | 1404 |
the area is a wild, scenic, or recreational river area. When so | 1405 |
entered, the area is a wild, scenic, or recreational river area. | 1406 |
The director, after thirty days' notice as prescribed in this | 1407 |
section and upon the approval of the recreation and resources | 1408 |
commission created in section 1501.04 of the Revised Code, may | 1409 |
terminate the status of an area as a wild, scenic, or recreational | 1410 |
river area by an entry in the director's journal. | 1411 |
(E) Declaration by the director that an area is a wild, | 1412 |
scenic, or recreational river area does not authorize the director | 1413 |
or any governmental agency or political subdivision to restrict | 1414 |
the use of land by the owner thereof or any person acting under | 1415 |
the landowner's authority or to enter upon the land and does not | 1416 |
expand or abridge the regulatory authority of any governmental | 1417 |
agency or political subdivision over the area. | 1418 |
(F) The chief of the division of natural areas and preserves | 1419 |
or the chief's representative may participate in watershed-wide | 1420 |
planning with federal, state, and local agencies in order to | 1421 |
protect the values of wild, scenic, and recreational river areas. | 1422 |
Sec. 1517.15. As used in this section, "impoundment" means | 1423 |
the reservoir created by a dam or other artificial barrier across | 1424 |
a watercourse that causes water to be stored deeper than and | 1425 |
generally beyond the banks of the natural channel of the | 1426 |
watercourse during periods of normal flow, but does not include | 1427 |
water stored behind rock piles, rock riffle dams, and low channel | 1428 |
dams where the depth of water is less than ten feet above the | 1429 |
channel bottom and is essentially confined within the banks of the | 1430 |
natural channel during periods of normal stream flow. | 1431 |
In creating wild, scenic, or recreational river areas, the | 1432 |
director of natural resources shall use the following | 1433 |
classifications: | 1434 |
(A) "Wild river areas" to include those rivers or sections of | 1435 |
rivers that are free of impoundments and generally inaccessible | 1436 |
except by trail or unpaved road, with watersheds, floodplains, or | 1437 |
shorelines essentially primitive and waters unpolluted, | 1438 |
representing vestiges of primitive America; | 1439 |
(B) "Scenic river areas" to include those rivers or sections | 1440 |
of rivers that are free of impoundments, with shorelines, | 1441 |
floodplains, or watersheds still largely primitive and shorelines | 1442 |
largely undeveloped, but accessible in places by roads; | 1443 |
(C) "Recreational river areas" to include those rivers or | 1444 |
sections of rivers that are readily accessible by road or | 1445 |
railroad, that may have some development along their shorelines, | 1446 |
and that may have undergone some impoundment | 1447 |
other degradation in the past, but still possess generally good | 1448 |
in-stream habitat or recreational value. | 1449 |
Sec. 1520.02. (A) The director of natural resources has | 1450 |
exclusive authority to administer, manage, and establish policies | 1451 |
governing canal lands. | 1452 |
(B)(1) | 1453 |
1454 | |
part of the state's interest in any canal lands in accordance with | 1455 |
section 1501.01 of the Revised Code. The director may stipulate | 1456 |
that an appraisal or survey need not be conducted for, and may | 1457 |
establish any terms or conditions that the director determines | 1458 |
appropriate for, any such conveyance. | 1459 |
(2) With regard to canal lands, the chief of the division of | 1460 |
water, with the approval of the director, may sell, lease, or | 1461 |
transfer minerals
or mineral rights when the chief | 1462 |
approval of the director | 1463 |
lease, or transfer is in the best interest of the state. | 1464 |
Consideration for minerals and mineral rights shall be by rental | 1465 |
or on a royalty basis as prescribed by the chief, with the | 1466 |
approval of the director, and payable as prescribed by contract. | 1467 |
Moneys collected under division (B)(2) of this section shall be | 1468 |
paid into the state treasury to the credit of the canal lands fund | 1469 |
created in section 1520.05 of the Revised Code. | 1470 |
(C) | 1471 |
1472 | |
1473 | |
1474 | |
1475 | |
1476 | |
1477 | |
1478 | |
1479 | |
1480 | |
1481 |
| 1482 |
Ohio historical society any equipment, maps, and records used on | 1483 |
or related to canal lands that are of historical interest and that | 1484 |
are not needed by the director to administer this chapter. | 1485 |
(D) If the director | 1486 |
canal lands are a necessary part of a county's drainage or ditch | 1487 |
system and are not needed for any purpose of the department of | 1488 |
natural resources, the director may sell, grant, or otherwise | 1489 |
convey those canal lands to that county in accordance with | 1490 |
division (B) of this section. The board of county commissioners | 1491 |
shall accept the transfer of canal lands. | 1492 |
(E) Notwithstanding any other section of the Revised Code, | 1493 |
the county auditor shall transfer any canal lands conveyed under | 1494 |
this section, and the county recorder shall record the deed for | 1495 |
those lands in accordance with section 317.12 of the Revised Code. | 1496 |
1497 | |
1498 |
Sec. 1520.03. (A) The director of natural resources may | 1499 |
appropriate real property in accordance with Chapter 163. of the | 1500 |
Revised Code for the purpose of administering this chapter. | 1501 |
(B)(1) The director shall operate and maintain all canals and | 1502 |
canal reservoirs owned by the state except those canals that are | 1503 |
operated by the Ohio historical society on July 1, 1989. | 1504 |
(2) On behalf of the director, the division of water shall | 1505 |
have the care and control of all canals and canal reservoirs owned | 1506 |
by the state, the water in them, and canal lands and shall | 1507 |
protect, operate, and maintain them and keep them in repair. The | 1508 |
chief of the division of water may remove obstructions from or on | 1509 |
them and shall make any alterations or changes in or to them and | 1510 |
construct any feeders, dikes, reservoirs, dams, locks, or other | 1511 |
works, devices, or improvements in or on them that are necessary | 1512 |
in the discharge of the chief's duties. | 1513 |
In accordance with Chapter 119. of the Revised Code, the | 1514 |
chief may adopt, amend, and rescind rules that are necessary for | 1515 |
the administration of this division. | 1516 |
(C) The director may sell or lease water from any canal or | 1517 |
canal reservoir that the director operates and maintains only to | 1518 |
the extent that the water is in excess of the quantity that is | 1519 |
required for navigation, recreation, and wildlife purposes. The | 1520 |
director may adopt, amend, and rescind rules in accordance with | 1521 |
Chapter 119. of the Revised Code necessary to administer this | 1522 |
division. | 1523 |
The withdrawal of water from any canal or canal reservoir for | 1524 |
domestic use is exempt from this division. However, the director | 1525 |
may require water conservation measures for water that is | 1526 |
withdrawn from any canal or canal reservoir for domestic use | 1527 |
during drought conditions or other emergencies declared by the | 1528 |
governor. | 1529 |
(D) No person shall take or divert water from any canal or | 1530 |
canal reservoir operated and maintained by the director except in | 1531 |
accordance with division (C) of this section. | 1532 |
(E) At the request of the director, the attorney general may | 1533 |
commence a civil action for civil penalties and injunctions, in a | 1534 |
court of common pleas, against any person who has violated or is | 1535 |
violating division (D) of this section. The court of common pleas | 1536 |
in which an action for injunctive relief is filed has jurisdiction | 1537 |
to and shall grant preliminary and permanent injunctive relief | 1538 |
upon a showing that the person against whom the action is brought | 1539 |
has violated or is violating that division. | 1540 |
Upon a finding of a violation, the court shall assess a civil | 1541 |
penalty of not more than one thousand dollars for each day of each | 1542 |
violation if the violator is an individual who took or diverted | 1543 |
the water in question for residential or agricultural use. The | 1544 |
court shall assess a civil penalty of not more than five thousand | 1545 |
dollars for each day of each violation if the violator is any | 1546 |
other person who took or diverted the water in question for | 1547 |
industrial or commercial use excluding agricultural use. Moneys | 1548 |
from civil penalties assessed under this division shall be paid | 1549 |
into the state treasury to the credit of the canal lands fund | 1550 |
created in section 1520.05 of the Revised Code. | 1551 |
Any action under this division is a civil action, governed by | 1552 |
the rules of civil procedure and other rules of practice and | 1553 |
procedure applicable to civil actions. | 1554 |
(F) As used in this section, "person" means any agency of | 1555 |
this state, any political subdivision of this state or of the | 1556 |
United States, or any legal entity defined as a person under | 1557 |
section 1.59 of the Revised Code. | 1558 |
Sec. 1520.05. There is hereby created in the state treasury | 1559 |
the canal lands fund, which shall be composed of all moneys | 1560 |
received by the director of natural resources under sections | 1561 |
1520.02 and 1520.03 of the Revised Code, all civil penalties | 1562 |
assessed under section 1520.03 of the Revised Code, and any moneys | 1563 |
appropriated to it. The fund shall be administered by the | 1564 |
director, who shall spend moneys in the fund for the purposes of | 1565 |
administering and
enforcing this chapter | 1566 |
1567 | |
fund, as determined by | 1568 |
operated by the department of natural resources. | 1569 |
Sec. 1520.07. (A) The director of natural resources may give | 1570 |
away or sell timber that has fallen on or been removed for | 1571 |
maintenance reasons from canal lands. | 1572 |
(B) The director may give away or sell the spoils of a | 1573 |
dredging operation conducted by the department of natural | 1574 |
resources in waters under the control and management of the | 1575 |
1576 | |
spoils under this division, the director shall notify the director | 1577 |
of
environmental protection of | 1578 |
director of environmental protection may determine whether the | 1579 |
spoils constitute solid wastes or hazardous waste, as those terms | 1580 |
are defined in section 3734.01 of the Revised Code, that shall be | 1581 |
disposed of in accordance with Chapter 3734. of the Revised Code. | 1582 |
If the director of environmental protection does not notify the | 1583 |
director of natural resources within thirty days after receiving | 1584 |
notice of the gift or sale that the spoils shall be disposed of in | 1585 |
accordance with Chapter 3734. of the Revised Code, the director of | 1586 |
natural resources may proceed with the gift or sale. | 1587 |
(C) Proceeds from the sale of timber or dredge spoils under | 1588 |
this section shall be deposited into the state treasury to the | 1589 |
credit of the canal lands fund created in section 1520.05 of the | 1590 |
Revised Code. | 1591 |
Sec. 1521.01. As used in sections 1521.01 to 1521.05, | 1592 |
1521.13 to 1521.18, and 1521.20 to 1521.30 of the Revised Code: | 1593 |
(A) "Consumptive use," "diversion," "Lake Erie drainage | 1594 |
basin," "other great lakes states and provinces," "water | 1595 |
resources," and "waters of the state" have the same meanings as in | 1596 |
section 1501.30 of the Revised Code. | 1597 |
(B) "Well" means any excavation, regardless of design or | 1598 |
method of construction, created for any of the following purposes: | 1599 |
(1) Removing ground water from or recharging water into an | 1600 |
aquifer, excluding subsurface drainage systems installed to | 1601 |
enhance agricultural crop production or urban or suburban | 1602 |
landscape management or to control seepage in dams, dikes, and | 1603 |
levees; | 1604 |
(2) Determining the quantity, quality, level, or movement of | 1605 |
ground water in or the stratigraphy of an aquifer, excluding | 1606 |
borings for instrumentation in dams, dikes, levees, or highway | 1607 |
embankments; | 1608 |
(3) Removing or exchanging heat from ground water, excluding | 1609 |
horizontal trenches that are installed for water source heat pump | 1610 |
systems. | 1611 |
(C) "Aquifer" means a consolidated or unconsolidated geologic | 1612 |
formation or series of formations that are hydraulically | 1613 |
interconnected and that have the ability to receive, store, or | 1614 |
transmit water. | 1615 |
(D) "Ground water" means all water occurring in an aquifer. | 1616 |
(E) "Ground water stress area" means a definable geographic | 1617 |
area in which ground water quantity is being affected by human | 1618 |
activity or natural forces to the extent that continuous | 1619 |
availability of supply is jeopardized by withdrawals. | 1620 |
(F) "Person" has the same meaning as in section 1.59 of the | 1621 |
Revised Code and also includes the United States, the state, any | 1622 |
political subdivision of the state, and any department, division, | 1623 |
board, commission, agency, or instrumentality of the United | 1624 |
States, the state, or a political subdivision of the state. | 1625 |
(G) "State agency" or "agency of the state" has the same | 1626 |
meaning as "agency" in section 111.15 of the Revised Code. | 1627 |
(H) "Development" means any artificial change to improved or | 1628 |
unimproved real estate, including the construction of buildings | 1629 |
and other structures, any substantial improvement of a structure, | 1630 |
1631 | |
drilling operations, and storage of equipment or materials. | 1632 |
(I) "Floodplain" means the area adjoining any river, stream, | 1633 |
watercourse, or lake that has been or may be covered by flood | 1634 |
water. | 1635 |
(J) "Floodplain management" means the implementation of an | 1636 |
overall program of corrective and preventive measures for reducing | 1637 |
flood damage, including the collection and dissemination of flood | 1638 |
information, construction of flood control works, nonstructural | 1639 |
flood damage reduction techniques, and adoption of rules, | 1640 |
ordinances, or resolutions governing development in floodplains. | 1641 |
(K) "One-hundred-year flood" means a flood having a one per | 1642 |
cent chance of being equaled or exceeded in any given year. | 1643 |
(L) "One-hundred-year floodplain" means that portion of a | 1644 |
floodplain inundated by a one-hundred-year flood. | 1645 |
(M) "Structure" means a walled and roofed building, | 1646 |
including, without limitation, gas or liquid storage tanks, mobile | 1647 |
homes, and manufactured homes. | 1648 |
(N) "Substantial improvement" means any reconstruction, | 1649 |
rehabilitation, addition, or other improvement of a structure, the | 1650 |
cost of which equals or exceeds fifty per cent of the market value | 1651 |
of the structure before the start of construction of the | 1652 |
improvement. "Substantial improvement" includes repairs to | 1653 |
structures that have incurred substantial damage regardless of the | 1654 |
actual repair work performed. "Substantial improvement" does not | 1655 |
include either of the following: | 1656 |
(1) Any project for the improvement of a structure to correct | 1657 |
existing violations of state or local health, sanitary, or safety | 1658 |
code specifications that have been identified by the state or | 1659 |
local code enforcement official having jurisdiction and that are | 1660 |
the minimum necessary to ensure safe living conditions; | 1661 |
(2) Any alteration of an historic structure designated or | 1662 |
listed pursuant to federal or state law, provided that the | 1663 |
alteration will not preclude the structure's continued listing or | 1664 |
designation as an historic structure. | 1665 |
(O) "Shore structure" includes, but is not limited to: | 1666 |
beaches; groins; revetments; bulkheads; seawalls; breakwaters; | 1667 |
certain dikes designated by the chief of the division of water; | 1668 |
piers; docks; jetties; wharves; marinas; boat ramps; any | 1669 |
associated fill or debris used as part of the construction of | 1670 |
shore structures that may affect shore erosion, wave action, or | 1671 |
inundation; and fill or debris placed along or near the shore, | 1672 |
including bluffs, banks, or beach ridges, for the purpose of | 1673 |
stabilizing slopes. | 1674 |
(P) "Substantial damage" means damage of any origin that is | 1675 |
sustained by a structure if the cost of restoring the structure to | 1676 |
its condition prior to the damage would equal or exceed fifty per | 1677 |
cent of the market value of the structure before the damage | 1678 |
occurred. | 1679 |
(Q) "National flood insurance program" means the national | 1680 |
flood insurance program established in the "National Flood | 1681 |
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended, | 1682 |
and regulations adopted under it. | 1683 |
(R) "Conservancy district" means a conservancy district | 1684 |
established under Chapter 6101. of the Revised Code. | 1685 |
| 1686 |
a park district created under Chapter 1545. of the Revised Code. | 1687 |
| 1688 |
designed primarily to reduce or control erosion of the shore along | 1689 |
or near lake erie, including, but not limited to, revetments, | 1690 |
seawalls, bulkheads, certain breakwaters designated by the chief, | 1691 |
and similar structures. "Erosion control structure" does not | 1692 |
include wharves, piers, docks, marinas, boat ramps, and other | 1693 |
similar structures. | 1694 |
Sec. 1521.04. The chief of the division of water, with the | 1695 |
approval of the director of natural resources, may make loans and | 1696 |
grants from the water management fund created in section 1501.32 | 1697 |
of the Revised Code to governmental agencies for water management, | 1698 |
water supply improvements, and planning and may administer grants | 1699 |
from the federal government and from other public or private | 1700 |
sources for carrying out those functions and for the performance | 1701 |
of any acts that may be required by the United States or by any | 1702 |
agency or department thereof as a condition for the participation | 1703 |
by any governmental agency in any federal financial or technical | 1704 |
assistance program. Direct and indirect costs of administration | 1705 |
may be paid from the | 1706 |
The chief may use the water management fund for the purposes | 1707 |
of administering the water diversion and consumptive use permit | 1708 |
programs established in sections 1501.30 to 1501.35 of the Revised | 1709 |
Code; to perform watershed and water resources studies for the | 1710 |
purposes of water management planning; and to acquire, construct, | 1711 |
reconstruct, improve, equip, maintain, operate, and dispose of | 1712 |
water management improvements. The chief may fix, alter, charge, | 1713 |
and collect rates, fees, rentals, and other charges to be paid | 1714 |
into the | 1715 |
persons who are supplied with water by facilities constructed or | 1716 |
operated by the department of natural resources in order to | 1717 |
amortize and defray the cost of the construction, maintenance, and | 1718 |
operation of those facilities. | 1719 |
Sec. 1521.05. (A) As used in this section: | 1720 |
(1) "Construct" or "construction" includes drilling, boring, | 1721 |
digging, deepening, altering, and logging. | 1722 |
(2) "Altering" means changing the configuration of a well, | 1723 |
including, without limitation, deepening a well, extending or | 1724 |
replacing any portion of the inside or outside casing or wall of a | 1725 |
well that extends below ground level, plugging a portion of a well | 1726 |
back to a certain depth, and reaming out a well to enlarge its | 1727 |
original diameter. | 1728 |
(3) "Logging" means describing the lithology, grain size, | 1729 |
color, and texture of the formations encountered during the | 1730 |
drilling, boring, digging, deepening, or altering of a well. | 1731 |
(4) "Grouting" means neat cement; bentonite products in | 1732 |
slurry, granular, or pelletized form, excluding drilling mud or | 1733 |
fluids; or any combination of neat cement and bentonite products | 1734 |
that is placed within a well to seal the annular space or to seal | 1735 |
an abandoned well and that is impervious to and capable of | 1736 |
preventing the movement of water. | 1737 |
(5) "Abandoned well" means a well whose use has been | 1738 |
permanently discontinued and that poses potential health and | 1739 |
safety hazards or that has the potential to transmit surface | 1740 |
contaminants into the aquifer in which the well has been | 1741 |
constructed. | 1742 |
(6) "Sealing" means the complete filling of an abandoned well | 1743 |
with grouting or other approved materials in order to permanently | 1744 |
prevent the vertical movement of water in the well and thus | 1745 |
prevent the contamination of ground water or the intermixing of | 1746 |
water between aquifers. | 1747 |
(B) Any person that constructs a well shall keep a careful | 1748 |
and accurate log of the construction of the well. The log shall | 1749 |
show all of the following: | 1750 |
(1) The character, including, without limitation, the | 1751 |
lithology, color, texture, and grain size, the name, if known, and | 1752 |
the depth of all formations passed through or encountered; | 1753 |
(2) The depths at which water is encountered; | 1754 |
(3) The static water level of the completed well; | 1755 |
(4) A copy of the record of all pumping tests and analyses | 1756 |
related to those tests, if any; | 1757 |
(5) Construction details, including lengths, diameters, and | 1758 |
thicknesses of casing and screening and the volume, type of | 1759 |
material, and method of introducing gravel packing and grouting | 1760 |
into the well; | 1761 |
(6) The type of pumping equipment installed, if any; | 1762 |
(7) The name of the owner of the well, the address of the | 1763 |
location where the well was constructed, and | 1764 |
1765 | |
the latitude and longitude of the well | 1766 |
(8) The signature of the individual who constructed the well | 1767 |
and filed the well log; | 1768 |
(9) Any other information required by the chief of the | 1769 |
division of water. | 1770 |
The log shall be furnished to the division of water within | 1771 |
thirty days after the completion of construction of the well on | 1772 |
forms prescribed and prepared by the division. The log shall be | 1773 |
kept on file by the division. | 1774 |
(C) Any person that seals a well shall keep a careful and | 1775 |
accurate report of the sealing of the well. The sealing report | 1776 |
shall show all of the following: | 1777 |
(1) The name of the owner of the well, the address of the | 1778 |
location where the well was constructed, and either the state | 1779 |
plane coordinates or the latitude and longitude of the well; | 1780 |
(2) The depth of the well, the size and length of its casing, | 1781 |
and the static water level of the well; | 1782 |
(3) The sealing procedures, including the volume and type of | 1783 |
sealing material or materials and the method and depth of | 1784 |
placement of each material; | 1785 |
(4) The date on which the sealing was performed; | 1786 |
(5) The signature of the individual who sealed the well and | 1787 |
filed the sealing report; | 1788 |
(6) Any other information required by the chief. | 1789 |
The sealing report shall be furnished to the division within | 1790 |
thirty days after the completion of the sealing of the well on | 1791 |
forms prescribed and prepared by the division. | 1792 |
(D) In accordance with Chapter 119. of the Revised Code, the | 1793 |
chief may adopt, amend, and rescind rules requiring other persons | 1794 |
that are involved in the construction or subsequent development of | 1795 |
a well to submit well logs under | 1796 |
containing any or all of the information specified in divisions | 1797 |
(B)(1) to (9) of
this section and | 1798 |
1799 | |
1800 | |
1801 | |
1802 | |
under division (C) of this section. | 1803 |
| 1804 |
or a sealing report as required by this section. | 1805 |
(2) No person shall make a false statement in any well log or | 1806 |
sealing report required to be kept and submitted under this | 1807 |
section. Violation
of division | 1808 |
falsification under section 2921.13 of the Revised Code. | 1809 |
| 1810 |
division | 1811 |
established when the division obtains either of the following: | 1812 |
(1) A certified copy of a permit for a private water system | 1813 |
issued in accordance with rules adopted under section 3701.344 of | 1814 |
the Revised Code, or a certified copy of the invoice or a canceled | 1815 |
check from the owner of a well indicating the construction or | 1816 |
sealing services performed; | 1817 |
(2) A certified copy of any permit issued under Chapter 3734. | 1818 |
or 6111. of the Revised Code or plan approval granted under | 1819 |
Chapter 6109. of the Revised Code for any activity that includes | 1820 |
the construction or sealing of a well as applicable. | 1821 |
Sec. 1521.13. (A) Development in one-hundred-year floodplain | 1822 |
areas shall be protected to at least the one-hundred-year flood | 1823 |
level, and flood water conveyance shall be maintained, at a | 1824 |
minimum, in accordance with standards established under the | 1825 |
national flood insurance program. | 1826 |
(B) Prior to the expenditure of money for or the construction | 1827 |
of buildings, structures, roads, bridges, or other facilities in | 1828 |
locations that may be subject to flooding or flood damage, all | 1829 |
state agencies and political subdivisions shall notify and consult | 1830 |
with the division of water and shall furnish information that the | 1831 |
division reasonably requires in order to avoid the uneconomic, | 1832 |
hazardous, or unnecessary use of floodplains in connection with | 1833 |
such facilities. | 1834 |
(C) The chief of the division of water shall do all of the | 1835 |
following: | 1836 |
(1) Coordinate the floodplain management activities of state | 1837 |
agencies and political subdivisions with the floodplain management | 1838 |
activities of the United States, including the national flood | 1839 |
insurance program | 1840 |
1841 | |
1842 |
(2) Collect, prepare, and maintain technical data and | 1843 |
information on floods and floodplain management and make the data | 1844 |
and information available to the public, state agencies, political | 1845 |
subdivisions, and agencies of the United States; | 1846 |
(3) Cooperate and enter into agreements with persons for the | 1847 |
preparation of studies and reports on floods and floodplain | 1848 |
management; | 1849 |
(4) Assist any county, municipal corporation, or state agency | 1850 |
in developing comprehensive floodplain management programs; | 1851 |
(5) Provide technical assistance to any county, municipal | 1852 |
corporation, or state agency through engineering assistance, data | 1853 |
collection, preparation of model laws, training, and other | 1854 |
activities relating to floodplain management; | 1855 |
(6) For the purpose of reducing damages and the threat to | 1856 |
life, health, and property in the event of a flood, cooperate with | 1857 |
state agencies, political subdivisions, and the United States in | 1858 |
the development of flood warning systems, evacuation plans, and | 1859 |
flood emergency preparedness plans; | 1860 |
(7) Upon request, assist the emergency management agency | 1861 |
established by section 5502.22 of the Revised Code in the | 1862 |
preparation of flood hazard mitigation reports required as a | 1863 |
condition for receiving federal disaster aid under the "Disaster | 1864 |
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended, | 1865 |
1866 | |
1867 | |
adopted under | 1868 |
(8) | 1869 |
1870 | |
1871 | |
1872 |
| 1873 |
delineation and mapping of floodplains and for the conduct of | 1874 |
engineering studies to determine the vertical and horizontal | 1875 |
limits of floodplains and for the assessment of development | 1876 |
impacts on flood heights and flood conveyance. The standards | 1877 |
established in rules adopted under this division shall be | 1878 |
consistent with and no more stringent than the analogous standards | 1879 |
established under the national flood insurance program
| 1880 |
1881 | |
1882 |
| 1883 |
1884 | |
1885 | |
1886 | |
1887 | |
1888 | |
1889 | |
1890 | |
1891 | |
1892 | |
1893 | |
1894 | |
1895 | |
1896 |
| 1897 |
1898 | |
1899 | |
1900 | |
1901 | |
1902 | |
1903 | |
1904 | |
1905 | |
1906 | |
1907 | |
1908 | |
1909 |
| 1910 |
administer section 1506.04 of the Revised Code. | 1911 |
| 1912 |
1913 | |
1914 | |
1915 |
In addition to the duties imposed in divisions (C)(1) to (9) | 1916 |
of this section, and with respect to existing publicly owned | 1917 |
facilities that have suffered flood damage or that may be subject | 1918 |
to flood damage, the chief may conspicuously mark past and | 1919 |
probable flood heights in order to assist in creating public | 1920 |
awareness of and knowledge about flood hazards. | 1921 |
(D)(1) Development that is funded, financed, undertaken, or | 1922 |
preempted by state agencies shall comply with division (A) of this | 1923 |
section and with rules adopted under division (C)(8) of this | 1924 |
section. | 1925 |
(2) State agencies shall apply floodproofing measures in | 1926 |
order to reduce potential additional flood damage of existing | 1927 |
publicly owned facilities that have suffered flood damage. | 1928 |
(3) Before awarding funding or financing or granting a | 1929 |
license, permit, or other authorization for a development that is | 1930 |
or is to be located within a one-hundred-year floodplain, a state | 1931 |
agency shall require the applicant to demonstrate to the | 1932 |
satisfaction of the agency that the development will comply with | 1933 |
division (A) of this section, rules adopted under division (C)(8) | 1934 |
of this section, and any applicable local floodplain management | 1935 |
resolution or ordinance. | 1936 |
(4) Prior to the disbursement of any state disaster | 1937 |
assistance money in connection with any incident of flooding to or | 1938 |
within a county or municipal corporation that is not listed by the | 1939 |
chief as being in compliance under division (D)(1) of section | 1940 |
1521.18 of the Revised Code, a state agency that has authority to | 1941 |
disburse such money shall require the county or municipal | 1942 |
corporation to establish or reestablish compliance as provided in | 1943 |
that division. | 1944 |
(E)(1) Subject to section 1521.18 of the Revised Code, a | 1945 |
county or a municipal corporation may do all of the following: | 1946 |
(a) Adopt floodplain maps that reflect the best available | 1947 |
data and that indicate the areas to be regulated under a | 1948 |
floodplain management resolution or ordinance, as applicable; | 1949 |
(b) Develop and adopt a floodplain management resolution or | 1950 |
ordinance, as applicable; | 1951 |
(c) Adopt floodplain management standards that exceed the | 1952 |
standards that are established under the national flood insurance | 1953 |
program. | 1954 |
(2) A county or municipal corporation shall examine and | 1955 |
apply, where economically feasible, floodproofing measures in | 1956 |
order to reduce potential additional flood damage of existing | 1957 |
publicly owned facilities that have suffered flood damage. | 1958 |
(3) A county that adopts a floodplain management resolution | 1959 |
shall do so in accordance with the procedures established in | 1960 |
section 307.37 of the Revised Code. The county may enforce the | 1961 |
resolution by issuing stop work orders, seeking injunctive relief, | 1962 |
or pursuing other civil actions that the county considers | 1963 |
necessary to ensure compliance with the resolution. In addition, | 1964 |
failure to comply with the floodplain management resolution | 1965 |
constitutes a violation of division (D) of section 307.37 of the | 1966 |
Revised Code. | 1967 |
(4) No action challenging the validity of a floodplain | 1968 |
management resolution adopted by a county or a floodplain | 1969 |
management ordinance adopted by a municipal corporation, or an | 1970 |
amendment to such a resolution or ordinance, because of a | 1971 |
procedural error in the adoption of the resolution, ordinance, or | 1972 |
amendment shall be brought more than two years after the adoption | 1973 |
of the resolution, ordinance, or amendment. | 1974 |
Sec. 1521.14. | 1975 |
1976 | |
1977 | |
1978 | |
1979 | |
1980 | |
1981 | |
1982 |
| 1983 |
1984 | |
1985 | |
1986 | |
1987 | |
1988 | |
1989 | |
1990 |
| 1991 |
1992 | |
1993 | |
1994 | |
1995 | |
1996 | |
1997 | |
1998 | |
1999 | |
2000 | |
2001 | |
2002 | |
2003 |
| 2004 |
2005 | |
2006 | |
2007 | |
2008 |
| 2009 |
2010 | |
2011 | |
2012 | |
2013 | |
2014 | |
2015 | |
2016 |
| 2017 |
2018 | |
2019 | |
Upon the written request of the director of natural resources, the | 2020 |
attorney general | 2021 |
appropriate relief | 2022 |
2023 | |
2024 | |
2025 | |
2026 | |
2027 | |
2028 | |
2029 | |
2030 | |
2031 | |
standards of the national flood insurance program and that is one | 2032 |
of the following: | 2033 |
(A) Located in a county or municipal corporation that is not | 2034 |
listed by the chief of the division of water as being in | 2035 |
compliance under division (D)(1) of section 1521.18 of the Revised | 2036 |
Code; | 2037 |
(B) Funded, financed, undertaken, or preempted by a state | 2038 |
agency. | 2039 |
Sec. 1521.18. (A) For the purposes of this section, a | 2040 |
one-hundred-year floodplain is limited to an area identified as a | 2041 |
one-hundred-year floodplain in accordance with the "National Flood | 2042 |
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as | 2043 |
amended. | 2044 |
(B) Each municipal corporation or county that has within its | 2045 |
boundaries a one-hundred-year floodplain and that adopts a | 2046 |
floodplain management ordinance or resolution or any amendments to | 2047 |
such an ordinance or resolution on or after April 11, 1991, after | 2048 |
adopting the ordinance, resolution, or amendments and before | 2049 |
submitting the ordinance, resolution, or amendments to the federal | 2050 |
emergency management agency for final approval for compliance with | 2051 |
applicable standards adopted under the "National Flood Insurance | 2052 |
Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall | 2053 |
submit the ordinance, resolution, or amendments to the chief of | 2054 |
the
division of water for | 2055 |
with those standards. Within forty-five days after receiving any | 2056 |
such ordinance, resolution, or amendments, the chief shall | 2057 |
complete
| 2058 |
county as to whether the ordinance, resolution, or amendments | 2059 |
comply with those standards. If the chief finds that the | 2060 |
ordinance, resolution, or amendments comply with those standards, | 2061 |
2062 | |
management agency for final approval. | 2063 |
(C)(1) If the chief determines that a county or municipal | 2064 |
corporation that has adopted a floodplain management resolution or | 2065 |
ordinance fails to administer or enforce the resolution or | 2066 |
ordinance, the chief shall send a written notice by certified mail | 2067 |
to the board of county commissioners of the county or the chief | 2068 |
executive officer of the municipal corporation stating the nature | 2069 |
of the noncompliance. | 2070 |
(2) In order to maintain its compliance status in accordance | 2071 |
with division (D) of this section, a county or municipal | 2072 |
corporation that has received a notice of noncompliance under | 2073 |
division (C)(1) of this section may submit information to the | 2074 |
chief not later than thirty days after receiving the notice that | 2075 |
demonstrates compliance or indicates the actions that the county | 2076 |
or municipal corporation is taking to administer or enforce the | 2077 |
resolution or ordinance. The chief shall review the information | 2078 |
and shall issue a final determination by certified mail to the | 2079 |
county or municipal corporation of the compliance or noncompliance | 2080 |
status of the county or municipal corporation. If the chief issues | 2081 |
a final determination of noncompliance, | 2082 |
copy of that determination to the federal emergency management | 2083 |
agency concurrently with mailing the notice to the municipal | 2084 |
corporation or county. | 2085 |
(D)(1) A county or municipal corporation is considered to be | 2086 |
in compliance for the purposes of this section if either of the | 2087 |
following applies: | 2088 |
(a) The county or municipal corporation has adopted a | 2089 |
floodplain management resolution or ordinance that the chief has | 2090 |
determined complies with applicable standards adopted under the | 2091 |
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. | 2092 |
4001, as amended, and is adequately administering and enforcing it | 2093 |
as determined under division (C) of this section. | 2094 |
(b) The county or municipal corporation is participating in | 2095 |
the national flood insurance program | 2096 |
2097 | |
2098 | |
division (B) or (C) of this section. | 2099 |
(2) The chief shall maintain a list of all counties and | 2100 |
municipal corporations that have one-hundred-year floodplains | 2101 |
within their boundaries. The list shall indicate whether each such | 2102 |
county or municipal corporation is in compliance or noncompliance | 2103 |
as provided in division (D)(1) of this section and whether each | 2104 |
such county or municipal corporation is participating in the | 2105 |
national flood insurance program. The chief shall provide a copy | 2106 |
of the list to the general assembly and all state agencies | 2107 |
annually and shall notify the general assembly and the agencies of | 2108 |
any changes at least quarterly. | 2109 |
(E) Any county or municipal corporation that is adversely | 2110 |
affected by any determination of the chief under this section may | 2111 |
appeal it in accordance with Chapter 119. of the Revised Code not | 2112 |
later than thirty days after the final determination. | 2113 |
Sec. 1521.19. (A) There is hereby created the Ohio water | 2114 |
resources council consisting of the directors of agriculture, | 2115 |
development, environmental protection, health, natural resources, | 2116 |
transportation, and the Ohio public works commission, the | 2117 |
chairperson of the public utilities commission of Ohio, the | 2118 |
executive | 2119 |
2120 | |
an executive assistant in the office of the governor appointed by | 2121 |
the governor. The governor shall appoint one of the members of the | 2122 |
council to serve as its chairperson. The council may adopt bylaws | 2123 |
that are necessary for the implementation of this section. The | 2124 |
council shall provide a forum for policy development, | 2125 |
collaboration and coordination among state agencies, and strategic | 2126 |
direction with respect to state water resource programs. The | 2127 |
council shall be assisted in its functions by a state agency | 2128 |
coordinating group and an advisory group as provided in this | 2129 |
section. | 2130 |
(B) The state agency coordinating group shall consist of the | 2131 |
executive director of the Ohio Lake Erie commission and a member | 2132 |
or members from each state agency, commission, and authority | 2133 |
represented on the council, to be appointed by the applicable | 2134 |
director, chairperson, or executive director. However, the | 2135 |
environmental protection agency shall be represented on the group | 2136 |
by the chiefs of the divisions within that agency having | 2137 |
responsibility for surface water programs and drinking and ground | 2138 |
water programs, and the department of natural resources shall be | 2139 |
represented on the group by the chief of the division of water and | 2140 |
the chief of the division of soil and water conservation. The | 2141 |
chairperson of the council shall appoint a leader of the state | 2142 |
agency coordinating group. The group shall provide assistance to | 2143 |
and perform duties on behalf of the council as directed by the | 2144 |
council. | 2145 |
(C) The advisory group shall consist of not more than | 2146 |
twenty-four members, each representing an organization or entity | 2147 |
with an interest in water resource issues. The council shall | 2148 |
appoint the members of the advisory group. Of the initial | 2149 |
appointments, not more than ten members shall be appointed for | 2150 |
one-year terms, and not more than ten members shall be appointed | 2151 |
for two-year terms. Of the four initial appointments made after | 2152 |
the effective date of this amendment, two of the members shall be | 2153 |
appointed for one-year terms, and two of the members shall be | 2154 |
appointed for two-year terms. Thereafter, all advisory group | 2155 |
members shall serve two-year terms. Members may be reappointed. | 2156 |
Each member shall hold office from the date of the member's | 2157 |
appointment until the end of the member's term. A member shall | 2158 |
continue in office subsequent to the expiration date of the | 2159 |
member's term until the member's successor takes office or until a | 2160 |
period of sixty days has elapsed, whichever occurs first. The | 2161 |
council may remove a member for misfeasance, nonfeasance, or | 2162 |
malfeasance in office. The council shall appoint members to fill | 2163 |
any vacancies on the group. A member appointed to fill a vacancy | 2164 |
shall hold office for the remainder of the term for which that | 2165 |
member was appointed. | 2166 |
The chairperson of the council shall appoint a chairperson of | 2167 |
the advisory group. The advisory group shall advise the council on | 2168 |
water resources issues addressed by the council. | 2169 |
(D) There is hereby created in the state treasury the Ohio | 2170 |
water resources council fund. The department of natural resources | 2171 |
shall serve as the fiscal agent for the fund. The departments of | 2172 |
agriculture, development, environmental protection, health, | 2173 |
natural resources, and transportation shall transfer moneys to the | 2174 |
fund in equal amounts via intrastate transfer voucher. The public | 2175 |
utilities commission of Ohio, Ohio public works commission, | 2176 |
2177 | |
development authority may transfer moneys to the fund. If a | 2178 |
voluntary transfer of moneys is made to the fund, the portion that | 2179 |
is required to be transferred by the departments of agriculture, | 2180 |
development, environmental protection, health, natural resources, | 2181 |
and transportation may be equally reduced. Moneys in the fund | 2182 |
shall be used to pay the operating expenses of the Ohio water | 2183 |
resources council, including those specified in division (E) of | 2184 |
this section. | 2185 |
(E) The Ohio water resources council may hire staff to | 2186 |
support its activities. The council may enter into contracts and | 2187 |
agreements with federal agencies, state agencies, political | 2188 |
subdivisions, and private entities to assist in accomplishing its | 2189 |
objectives. Advisory group members shall be reimbursed for | 2190 |
expenses necessarily incurred in the performance of their duties | 2191 |
pursuant to section 126.31 of the Revised Code and any applicable | 2192 |
rules pertaining to travel reimbursement adopted by the office of | 2193 |
budget and management. | 2194 |
Sec. 1521.99. (A) Whoever violates division | 2195 |
section 1521.05 or division (E)(1) of section 1521.16 of the | 2196 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 2197 |
(B) Whoever violates section 1521.06 or 1521.062 of the | 2198 |
Revised Code shall be fined not less than one hundred dollars nor | 2199 |
more than one thousand dollars for each offense. Each day of | 2200 |
violation constitutes a separate offense. | 2201 |
(C) Whoever violates sections 1521.20 to 1521.30 of the | 2202 |
Revised Code shall be fined not less than one hundred dollars nor | 2203 |
more than one thousand dollars for each offense. Each day of | 2204 |
violation constitutes a separate offense. | 2205 |
Sec. 1525.11. (A) The water and sewer fund, which is hereby | 2206 |
created in the state treasury, shall consist of moneys | 2207 |
appropriated to the fund by the general assembly, moneys allocated | 2208 |
to the fund pursuant to section 164.08 of the Revised Code, moneys | 2209 |
repaid to the fund for advances made from it, and interest paid | 2210 |
for delay in repayment of advances from the fund. The fund shall | 2211 |
be administered by the water and sewer commission created by | 2212 |
division (C) of this section. Moneys in the fund shall be used | 2213 |
solely for advances to boards of county commissioners, legislative | 2214 |
authorities of municipal corporations, and governing boards of any | 2215 |
other public entities to meet that portion of the cost of the | 2216 |
extension of water and sewer lines to be financed by assessments | 2217 |
for which collections are deferred or exempt pursuant to division | 2218 |
(A) of section 929.03, division (A) of section 1517.052, division | 2219 |
(B) of section 6103.052, or division (B)
of section 6117.062 | 2220 |
2221 | |
allocated to the fund pursuant to section 164.08 of the Revised | 2222 |
Code shall be used solely to make advances to subdivisions | 2223 |
described in this division. Advances made from moneys deposited in | 2224 |
this fund pursuant to section 164.08 of the Revised Code shall be | 2225 |
repaid within twenty years from the time the
advance is made | 2226 |
(B) The water and sewer administrative fund is hereby created | 2227 |
in the state treasury to consist of moneys collected as fees | 2228 |
pursuant to division (C) of section 1525.12 of the Revised Code. | 2229 |
Moneys in this fund shall be used solely to pay the administrative | 2230 |
costs of the water and sewer commission. | 2231 |
(C) There is hereby created the water and sewer commission. | 2232 |
The commission shall consist of seven members and, for | 2233 |
administrative purposes, shall be attached to the department of | 2234 |
development. The members of the commission shall be the director | 2235 |
of development or the director's representative, the director of | 2236 |
health or the director's representative, the director of | 2237 |
agriculture or the director's representative, the director of | 2238 |
natural resources or the director's representative, and three | 2239 |
members appointed by the governor. One of the three members | 2240 |
appointed by the governor shall be a representative of industry, | 2241 |
one shall be a farmer whose major source of income is derived from | 2242 |
farming, and one shall be a representative of the public. The | 2243 |
governor shall appoint one member to serve for a term of one year, | 2244 |
one member to serve for a term of two years, and one member to | 2245 |
serve for a term of three years. Thereafter, terms of office of | 2246 |
members appointed by the governor shall be for three years, | 2247 |
commencing on the twentieth day of December and ending on the | 2248 |
nineteenth day of December. Each appointed member shall hold | 2249 |
office from the date of appointment until the end of the term for | 2250 |
which the member was appointed. Any member appointed to fill a | 2251 |
vacancy occurring prior to the expiration of the term for which | 2252 |
the member's predecessor was appointed shall hold office for the | 2253 |
remainder of | 2254 |
in office subsequent to the expiration date
of | 2255 |
term until the member's successor takes office, or until a period | 2256 |
of sixty days has elapsed, whichever occurs first. The governor | 2257 |
shall designate the chairperson of the commission, who shall serve | 2258 |
for a term of one year. The members of the commission shall | 2259 |
receive no compensation other than for expenses incurred in the | 2260 |
performance of their duties. | 2261 |
(D) The commission shall submit orders, made pursuant to | 2262 |
division (D) of section 1525.12 of the Revised Code, approving | 2263 |
advances from the water and sewer fund, to the controlling board. | 2264 |
The controlling board shall then determine whether or not such an | 2265 |
advance shall be made. If the board determines that the advance | 2266 |
shall be made, it shall certify | 2267 |
budget and management for payment. | 2268 |
Sec. 1525.12. The water and sewer commission shall in the | 2269 |
administration of the water and sewer fund: | 2270 |
(A) Consider applications for advances from the fund made | 2271 |
pursuant to division (D) of section 929.03, division (C) of | 2272 |
section 1517.052, or division (A) of section 6103.052 or of | 2273 |
section 6117.062 of the Revised Code; | 2274 |
(B) Determine, pursuant to the standards set forth in section | 2275 |
1525.13 of the Revised Code, whether an advance of moneys should | 2276 |
be made as requested by an application, approve the amount of the | 2277 |
advance, if any, to be made, and fix the maximum time within which | 2278 |
the advance shall be repaid; | 2279 |
(C) Collect from the boards of county commissioners, | 2280 |
legislative authorities of municipal corporations, or governing | 2281 |
boards of any other public entities requesting an advance from the | 2282 |
water and sewer fund pursuant to division (D) of section 929.03, | 2283 |
division (C) of section 1517.052, or division (A) of both sections | 2284 |
6103.052 and 6117.062 of the Revised Code a fee equal to two per | 2285 |
cent of any moneys advanced from the fund and pay the fees into | 2286 |
the water and sewer administrative fund created pursuant to | 2287 |
division (B) of section 1525.11 of the Revised Code; | 2288 |
(D) Submit orders approving advances to the controlling board | 2289 |
for action pursuant to division | 2290 |
Revised Code; | 2291 |
(E) Adopt pursuant to Chapter 119. of the Revised Code: | 2292 |
(1) Rules prescribing the form of application for advances | 2293 |
from the fund and the time and manner of submitting | 2294 |
application; | 2295 |
(2) Rules prescribing the criteria to determine the | 2296 |
occurrence of a change in the use of property as referred to in | 2297 |
division (C) of section 929.03 or division (C) of both sections | 2298 |
6103.052 and 6117.062 of the Revised Code; | 2299 |
(3) Rules prescribing the criteria to consider for the | 2300 |
disposition of requests for advances from the fund made pursuant | 2301 |
to section 1525.13 of the Revised Code; | 2302 |
(4) Rules prescribing standards for the use of boards of | 2303 |
county commissioners in determining the disposition of requests | 2304 |
for deferment of collection of assessment pursuant to division (B) | 2305 |
of both sections 6103.052 and 6117.062 of the Revised Code. | 2306 |
(F) Investigate the uses of those lands on which the deferred | 2307 |
or exempted collection of assessments has been the basis for | 2308 |
advances of moneys from the fund, require the boards of county | 2309 |
commissioners to repay the commission pursuant to division (C) or | 2310 |
(D) of section 6103.052 or division (C) or (D) of section 6117.062 | 2311 |
of the Revised Code the advances due as a result of changes in the | 2312 |
use of property, and require boards of county commissioners, | 2313 |
legislative authorities of municipal corporations, and other | 2314 |
governing boards of any other public entities to repay the | 2315 |
commission under division (D) of section 929.03 or division (C) of | 2316 |
section 1517.052 of the Revised Code; | 2317 |
(G) Pay into the fund all repayments of moneys advanced from | 2318 |
the fund and interest paid for delay in repayment of advances made | 2319 |
from the fund; | 2320 |
(H) Defer the repayment by a board of county commissioners of | 2321 |
moneys previously advanced from the fund when a board defers the | 2322 |
collection of assessments pursuant to division (C) of section | 2323 |
6103.052 or division (C) of section 6117.062 of the Revised Code; | 2324 |
(I) Employ such personnel as are required to administer this | 2325 |
section. | 2326 |
Sec. 1531.01. As used in this chapter and Chapter 1533. of | 2327 |
the Revised Code: | 2328 |
(A) "Person" means | 2329 |
2330 | |
2331 | |
2332 | |
a company; an employee, agent, or officer of such a person or | 2333 |
company; a combination of individuals; the state; a political | 2334 |
subdivision of the state; an interstate body created by a compact; | 2335 |
or the federal government or a department, agency, or | 2336 |
instrumentality of it. | 2337 |
(B) "Resident" means any individual who has resided in this | 2338 |
state for not less than six months next preceding the date of | 2339 |
making application for a license. | 2340 |
(C) "Nonresident" means any individual who does not qualify | 2341 |
as a resident. | 2342 |
(D) "Division rule" or "rule" means any rule adopted by the | 2343 |
chief of the division of wildlife under section 1531.10 of the | 2344 |
Revised Code unless the context indicates otherwise. | 2345 |
(E) "Closed season" means that period of time during which | 2346 |
the taking of wild animals protected by this chapter and Chapter | 2347 |
1533. of the Revised Code is prohibited. | 2348 |
(F) "Open season" means that period of time during which the | 2349 |
taking of wild animals protected by this chapter and Chapter 1533. | 2350 |
of the Revised Code is permitted. | 2351 |
(G) "Take or taking" includes pursuing, shooting, hunting, | 2352 |
killing, trapping, angling, fishing with a trotline, or netting | 2353 |
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 2354 |
wild bird, or wild quadruped, and any lesser act, such as | 2355 |
wounding, or placing, setting, drawing, or using any other device | 2356 |
for killing or capturing any wild animal, whether it results in | 2357 |
killing or capturing the animal or not. "Take or taking" includes | 2358 |
every attempt to kill or capture and every act of assistance to | 2359 |
any other person in killing or capturing or attempting to kill or | 2360 |
capture a wild animal. | 2361 |
(H) "Possession" means both actual and constructive | 2362 |
possession and any control of things referred to. | 2363 |
(I) "Bag limit" means the number, measurement, or weight of | 2364 |
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 2365 |
birds, and wild quadrupeds permitted to be taken. | 2366 |
(J) "Transport and transportation" means carrying or moving | 2367 |
or causing to be carried or moved. | 2368 |
(K) "Sell and sale" means barter, exchange, or offer or | 2369 |
expose for sale. | 2370 |
(L) "Whole to include part" means that every provision | 2371 |
relating to any wild animal protected by this chapter and Chapter | 2372 |
1533. of the Revised Code applies to any part of the wild animal | 2373 |
with the same effect as it applies to the whole. | 2374 |
(M) "Angling" means fishing with not more than two hand | 2375 |
lines, not more than two units of rod and line, or a combination | 2376 |
of not more than one hand line and one rod and line, either in | 2377 |
hand or under control at any time while fishing. The hand line or | 2378 |
rod and line shall have attached to it not more than three baited | 2379 |
hooks, not more than three artificial fly rod lures, or one | 2380 |
artificial bait casting lure equipped with not more than three | 2381 |
sets of three hooks each. | 2382 |
(N) "Trotline" means a device for catching fish that consists | 2383 |
of a line having suspended from it, at frequent intervals, | 2384 |
vertical lines with hooks attached. | 2385 |
(O) "Fish" means a cold-blooded vertebrate having fins. | 2386 |
(P) "Measurement of fish" means length from the end of the | 2387 |
nose to the longest tip or end of the tail. | 2388 |
(Q) "Wild birds" includes game birds and nongame birds. | 2389 |
(R) "Game" includes game birds, game quadrupeds, and | 2390 |
fur-bearing animals. | 2391 |
(S) "Game birds" includes mourning doves, ringneck pheasants, | 2392 |
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 2393 |
grouse, wild turkey, Hungarian partridge, Chukar partridge, | 2394 |
woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 2395 |
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 2396 |
duck, geese, brant, and crows. | 2397 |
(T) "Nongame birds" includes all other wild birds not | 2398 |
included and defined as game birds or migratory game birds. | 2399 |
(U) "Wild quadrupeds" includes game quadrupeds and | 2400 |
fur-bearing animals. | 2401 |
(V) "Game quadrupeds" includes cottontail rabbits, gray | 2402 |
squirrels, black squirrels, fox squirrels, red squirrels, flying | 2403 |
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 2404 |
wild boar, and black bears. | 2405 |
(W) "Fur-bearing animals" includes minks, weasels, raccoons, | 2406 |
skunks, opossums, muskrats, fox, beavers, badgers, otters, | 2407 |
coyotes, and bobcats. | 2408 |
(X) "Wild animals" includes mollusks, crustaceans, aquatic | 2409 |
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 2410 |
and all other wild mammals, but does not include domestic deer. | 2411 |
(Y) "Hunting" means pursuing, shooting, killing, following | 2412 |
after or on the trail of, lying in wait for, shooting at, or | 2413 |
wounding wild birds or wild quadrupeds while employing any device | 2414 |
commonly used to kill or wound wild birds or wild quadrupeds | 2415 |
whether or not the acts result in killing or wounding. "Hunting" | 2416 |
includes every attempt to kill or wound and every act of | 2417 |
assistance to any other person in killing or wounding or | 2418 |
attempting to kill or wound wild birds or wild quadrupeds. | 2419 |
(Z) "Trapping" means securing or attempting to secure | 2420 |
possession of a wild bird or wild quadruped by means of setting, | 2421 |
placing, drawing, or using any device that is designed to close | 2422 |
upon, hold fast, confine, or otherwise capture a wild bird or wild | 2423 |
quadruped whether or not the means results in capture. "Trapping" | 2424 |
includes every act of assistance to any other person in capturing | 2425 |
wild birds or wild quadrupeds by means of the device whether or | 2426 |
not the means results in capture. | 2427 |
(AA) "Muskrat spear" means any device used in spearing | 2428 |
muskrats. | 2429 |
(BB) "Channels and passages" means those narrow bodies of | 2430 |
water lying between islands or between an island and the mainland | 2431 |
in Lake Erie. | 2432 |
(CC) "Island" means a rock or land elevation above the waters | 2433 |
of Lake Erie having an area of five or more acres above water. | 2434 |
(DD) "Reef" means an elevation of rock, either broken or in | 2435 |
place, or gravel shown by the latest United States chart to be | 2436 |
above the common level of the surrounding bottom of the lake, | 2437 |
other than the rock bottom, or in place forming the base or | 2438 |
foundation rock of an island or mainland and sloping from the | 2439 |
shore of it. "Reef" also means all elevations shown by that chart | 2440 |
to be above the common level of the sloping base or foundation | 2441 |
rock of an island or mainland, whether running from the shore of | 2442 |
an island or parallel with the contour of the shore of an island | 2443 |
or in any other way and whether formed by rock, broken or in | 2444 |
place, or from gravel. | 2445 |
(EE) "Fur farm" means any area used exclusively for raising | 2446 |
fur-bearing animals or in addition thereto used for hunting game, | 2447 |
the boundaries of which are plainly marked as such. | 2448 |
(FF) "Waters" includes any lake, pond, reservoir, stream, | 2449 |
channel, lagoon, or other body of water, or any part thereof, | 2450 |
whether natural or artificial. | 2451 |
(GG) "Crib" or "car" refers to that particular compartment of | 2452 |
the net from which the fish are taken when the net is lifted. | 2453 |
(HH) "Commercial fish" means those species of fish permitted | 2454 |
to be taken, possessed, bought, or sold unless otherwise | 2455 |
restricted by the Revised Code or division rule and are alewife | 2456 |
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 2457 |
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 2458 |
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 2459 |
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 2460 |
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 2461 |
catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 2462 |
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 2463 |
freshwater drum or sheepshead (Aplodinotus grunniens), gar | 2464 |
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 2465 |
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 2466 |
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 2467 |
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 2468 |
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 2469 |
than buffalo and quillback (Carpiodes sp., Catostomus sp., | 2470 |
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 2471 |
chrysops), white perch (Roccus americanus), and yellow perch | 2472 |
(Perca flavescens). When the common name of a fish is used in this | 2473 |
chapter or Chapter 1533. of the Revised Code, it refers to the | 2474 |
fish designated by the scientific name in this definition. | 2475 |
(II) "Fishing" means taking or attempting to take fish by any | 2476 |
method, and all other acts such as placing, setting, drawing, or | 2477 |
using any device commonly used to take fish whether resulting in a | 2478 |
taking or not. | 2479 |
(JJ) "Fillet" means the pieces of flesh taken or cut from | 2480 |
both sides of a fish, joined to form one piece of flesh. | 2481 |
(KK) "Part fillet" means a piece of flesh taken or cut from | 2482 |
one side of a fish. | 2483 |
(LL) "Round" when used in describing fish means with head and | 2484 |
tail intact. | 2485 |
(MM) "Migrate" means the transit or movement of fish to or | 2486 |
from one place to another as a result of natural forces or | 2487 |
instinct and includes, but is not limited to, movement of fish | 2488 |
induced or caused by changes in the water flow. | 2489 |
(NN) "Spreader bar" means a brail or rigid bar placed across | 2490 |
the entire width of the back, at the top and bottom of the cars in | 2491 |
all trap, crib, and fyke nets for the purpose of keeping the | 2492 |
meshes hanging squarely while the nets are fishing. | 2493 |
(OO) "Fishing guide" means any person who, for consideration | 2494 |
or hire, operates a boat, rents, leases, or otherwise furnishes | 2495 |
angling devices, ice fishing shanties or shelters of any kind, or | 2496 |
other fishing equipment, and accompanies, guides, directs, or | 2497 |
assists any other person in order for the other person to engage | 2498 |
in fishing. | 2499 |
(PP) "Net" means fishing devices with meshes composed of | 2500 |
twine or synthetic material and includes, but is not limited to, | 2501 |
trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 2502 |
seines, except minnow seines and minnow dip nets. | 2503 |
(QQ) "Commercial fishing gear" means seines, trap nets, fyke | 2504 |
nets, dip nets, carp aprons, trotlines, other similar gear, and | 2505 |
any boat used in conjunction with that gear, but does not include | 2506 |
gill nets. | 2507 |
(RR) "Native wildlife" means any species of the animal | 2508 |
kingdom indigenous to this state. | 2509 |
(SS) "Gill net" means a single section of fabric or netting | 2510 |
seamed to a float line at the top and a lead line at the bottom, | 2511 |
which is designed to entangle fish in the net openings as they | 2512 |
swim into it. | 2513 |
(TT) "Tag fishing tournament" means a contest in which a | 2514 |
participant pays a fee, or gives other valuable consideration, for | 2515 |
a chance to win a prize by virtue of catching a tagged or | 2516 |
otherwise specifically marked fish within a limited period of | 2517 |
time. | 2518 |
(UU) "Tenant" means an individual who resides on land for | 2519 |
which the individual pays rent and whose annual income is | 2520 |
primarily derived from agricultural production conducted on that | 2521 |
land, as "agricultural production" is defined in section 929.01 of | 2522 |
the Revised Code. | 2523 |
(VV) "Nonnative wildlife" means any wild animal not | 2524 |
indigenous to this state, but does not include domestic deer. | 2525 |
(WW) "Reptiles" includes common musk turtle (sternotherus | 2526 |
odoratus), common snapping turtle (Chelydra serpentina | 2527 |
serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 2528 |
(Terrapene carolina carolina), Blanding's turtle (Emydoidea | 2529 |
blandingii), common map turtle (Graptemys geographica), ouachita | 2530 |
map turtle (Graptemys pseudogeographica ouachitensis), midland | 2531 |
painted turtle (Chrysemys picta marginata), red-eared slider | 2532 |
(Trachemys scripta elegans), eastern spiny softshell turtle | 2533 |
(Apalone spinifera spinifera), midland smooth softshell turtle | 2534 |
(Apalone mutica mutica), northern fence lizard (Sceloporus | 2535 |
undulatus hyacinthinus), ground skink (Scincella lateralis), | 2536 |
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 2537 |
laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 2538 |
European wall lizard (Podarcis muralis), queen snake (Regina | 2539 |
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 2540 |
water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 2541 |
(Nerodia sipedon insularum), copperbelly water snake (Nerodia | 2542 |
erythrogaster neglecta), northern brown snake (Storeria dekayi | 2543 |
dekayi), midland brown snake (Storeria dekayi wrightorum), | 2544 |
northern redbelly snake (Storeria occipitomaculata | 2545 |
occipitomaculata), eastern garter snake (Thamnophis sirtalis | 2546 |
sirtalis), eastern plains garter snake (Thamnophis radix radix), | 2547 |
Butler's garter snake (Thamnophis butleri), shorthead garter snake | 2548 |
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 2549 |
sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 2550 |
septentrionalis), eastern hognose snake (Heterodon platirhinos), | 2551 |
eastern smooth earth snake (Virginia valeriae valeriae), northern | 2552 |
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 2553 |
(Carphophis amoenus helenae), eastern worm snake (Carphophis | 2554 |
amoenus amoenus), black racer (Coluber constrictor constrictor), | 2555 |
blue racer (Coluber constrictor foxii), rough green snake | 2556 |
(opheodrys aestivus), smooth green snake (opheodrys vernalis | 2557 |
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 2558 |
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 2559 |
getula nigra), eastern milk snake (Lampropeltis triangulum | 2560 |
triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 2561 |
eastern massasauga (Sistrurus catenatus catenatus), and timber | 2562 |
rattlesnake (Crotalus horridus horridus). | 2563 |
(XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 2564 |
alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 2565 |
maculosus), red-spotted newt (Notophthalmus viridescens | 2566 |
viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 2567 |
spotted salamander (Ambystoma maculatum), blue-spotted salamander | 2568 |
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 2569 |
streamside salamander (Ambystoma barbouri), marbled salamander | 2570 |
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 2571 |
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 2572 |
mountain dusky salamander (Desmognathus ochrophaeus), redback | 2573 |
salamander (Plethodon cinereus), ravine salamander (Plethodon | 2574 |
richmondi), northern slimy salamander (Plethodon glutinosus), | 2575 |
Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 2576 |
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 2577 |
porphyriticus duryi), northern spring salamander (Gyrinophilus | 2578 |
porphyriticus porphyriticus), mud salamander (Pseudotriton | 2579 |
montanus), northern red salamander (Pseudotriton ruber ruber), | 2580 |
green salamander (Aneides aeneus), northern two-lined salamander | 2581 |
(Eurycea bislineata), longtail salamander (Eurycea longicauda | 2582 |
longicauda), cave salamander (Eurycea lucifuga), southern | 2583 |
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 2584 |
woodhousii fowleri), American toad (Bufo americanus), eastern | 2585 |
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 2586 |
crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 2587 |
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 2588 |
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 2589 |
triseriata), mountain chorus frog (Pseudacris brachyphona), | 2590 |
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 2591 |
northern leopard frog (Rana pipiens), pickerel frog (Rana | 2592 |
palustris), southern leopard frog (Rana utricularia), and wood | 2593 |
frog (Rana sylvatica). | 2594 |
(YY) "Deer" means white-tailed deer (Oddocoileus | 2595 |
virginianus). | 2596 |
(ZZ) "Domestic deer" means nonnative deer that have been | 2597 |
legally acquired or their offspring and that are held in private | 2598 |
ownership for primarily agricultural purposes. | 2599 |
(AAA) "Migratory game bird" includes waterfowl (Anatidae); | 2600 |
doves (Columbidae); cranes (Gruidae); cormorants | 2601 |
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and | 2602 |
woodcock and snipe (Scolopacidae). | 2603 |
Sec. 1531.02. The ownership of and the title to all wild | 2604 |
animals in this state, not legally confined or held by private | 2605 |
ownership legally acquired, is in the state, which holds such | 2606 |
title in trust for the benefit of all the people. Individual | 2607 |
possession shall be obtained only in accordance with the Revised | 2608 |
Code or division rules. No person at any time of the year shall | 2609 |
take in any manner or possess any number or quantity of wild | 2610 |
animals, except wild animals that the Revised Code or division | 2611 |
rules permit to be taken, hunted, killed, or had in possession, | 2612 |
and only at the time and place and in the manner that the Revised | 2613 |
Code or division rules prescribe. No person shall buy, sell, or | 2614 |
offer any part of wild animals for sale, or transport any part of | 2615 |
wild animals, except as permitted by the Revised Code or division | 2616 |
rules. No person shall possess or transport a wild animal that has | 2617 |
been taken or possessed unlawfully outside the state. | 2618 |
A person doing anything prohibited or neglecting to do | 2619 |
anything required by this chapter or Chapter 1533. of the Revised | 2620 |
Code or contrary to any division rule violates this section. A | 2621 |
person who counsels, aids, shields, or harbors an offender under | 2622 |
2623 | |
in the proceeds of such a violation, or receives or possesses any | 2624 |
wild animal in violation of the Revised Code or division rule, | 2625 |
violates this section. | 2626 |
2627 |
Sec. 1531.04. The division of wildlife, at the direction of | 2628 |
the chief of the division, shall do all of the following: | 2629 |
(A) Plan, develop, and institute programs and policies based | 2630 |
on the best available information, including biological | 2631 |
information derived from professionally accepted practices in | 2632 |
wildlife and fisheries management, with the approval of the | 2633 |
director of natural resources; | 2634 |
(B) Have and take the general care, protection, and | 2635 |
supervision of the wildlife in the state parks known as Lake St. | 2636 |
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake, | 2637 |
Guilford Lake, such part of Pymatuning reservoir as lies in this | 2638 |
state, and all other state parks and lands owned by the state or | 2639 |
in which it is interested or may acquire or become interested, | 2640 |
except lands and lakes the care and supervision of which are | 2641 |
vested in some other officer, body, board, association, or | 2642 |
organization; | 2643 |
(C) Enforce by proper legal action or proceeding the laws of | 2644 |
the state and division rules for the protection, preservation, | 2645 |
propagation, and management of wild animals and sanctuaries and | 2646 |
refuges for the propagation of those wild animals, and adopt and | 2647 |
carry into effect such measures as it considers necessary in the | 2648 |
performance of its duties; | 2649 |
(D) Promote, educate, and inform the citizens of the state | 2650 |
about conservation and the values of fishing, hunting, and | 2651 |
trapping, with the approval of the director. | 2652 |
Sec. 1531.06. (A) The chief of the division of wildlife, | 2653 |
with the approval of the director of natural resources, may | 2654 |
acquire by gift, lease, purchase, or otherwise lands or surface | 2655 |
rights upon lands and waters or surface rights upon waters for | 2656 |
wild animals, fish or game management, preservation, propagation, | 2657 |
and protection, outdoor and nature activities, public fishing and | 2658 |
hunting grounds, and flora and fauna preservation. The chief, with | 2659 |
the approval of the director, may receive by grant, devise, | 2660 |
bequest, donation, or assignment evidences of indebtedness, the | 2661 |
proceeds of which are to be used for the purchase of such lands or | 2662 |
surface rights upon lands and waters or surface rights upon | 2663 |
waters. | 2664 |
(B)(1) The chief shall adopt rules for the protection of | 2665 |
state-owned or leased lands and waters and property under the | 2666 |
2667 | |
use or occupancy that will ensure the carrying out of the intent | 2668 |
of this section, protect those lands, waters, and property from | 2669 |
depredations, and preserve them from molestation, spoilation, | 2670 |
destruction, or any improper use or occupancy thereof, including | 2671 |
rules with respect to recreational activities and for the | 2672 |
government and use of such lands, waters, and property. | 2673 |
(2) The chief may adopt rules benefiting wild animals, fish | 2674 |
or game management, preservation, propagation, and protection, | 2675 |
outdoor and nature activities, public fishing and hunting grounds, | 2676 |
and flora and fauna preservation, and regulating the taking and | 2677 |
possession of wild animals on any lands or waters owned or leased | 2678 |
or under the division's supervision and control and, for a | 2679 |
specified period of years, may prohibit or recall the taking and | 2680 |
possession of any wild animal on any portion of such lands or | 2681 |
waters. The division clearly shall define and mark the boundaries | 2682 |
of the lands and waters owned or leased or under its supervision | 2683 |
and control upon which the taking of any wild animal is | 2684 |
prohibited. | 2685 |
(C) The chief, with the approval of the director, may acquire | 2686 |
by gift, lease, or purchase land for the purpose of establishing | 2687 |
state fish hatcheries and game farms and may erect on it buildings | 2688 |
or structures that are necessary. | 2689 |
The title to or lease of such lands and waters shall be taken | 2690 |
by the chief in the name of the state. The lease or purchase price | 2691 |
of all such lands and waters may be paid from hunting and trapping | 2692 |
and fishing licenses and any other funds. | 2693 |
(D) To provide more public recreation, stream and lake | 2694 |
agreements for public fishing only may be obtained under rules | 2695 |
adopted by the chief. | 2696 |
(E) The chief, with the approval of the director, may | 2697 |
establish user fees for the use of special public facilities or | 2698 |
participation in special activities on lands and waters | 2699 |
administered by the division. The special facilities and | 2700 |
activities may include hunting or fishing on special designated | 2701 |
public lands and waters intensively managed or stocked with | 2702 |
artificially propagated game birds or fish, field trial | 2703 |
facilities, wildlife nature centers, firearm ranges, boat mooring | 2704 |
facilities, camping sites, and other similar special facilities | 2705 |
and activities. The chief shall determine whether the user fees | 2706 |
are refundable and shall ensure that that information is provided | 2707 |
at the time the user fees are paid. | 2708 |
(F) The chief, with the approval of the director, may enter | 2709 |
into lease agreements for rental of concessions or other special | 2710 |
projects situated on state-owned or leased lands or waters or | 2711 |
other property under the division's control. The chief shall set | 2712 |
and collect the fees for concession rentals or other special | 2713 |
projects; regulate through contracts between the division and | 2714 |
concessionaires the sale of tangible objects at concessions or | 2715 |
other special projects; and keep a record of all such fee payments | 2716 |
showing the amount received, from whom received, and for what | 2717 |
purpose the fee was collected. | 2718 |
(G) The chief may sell or donate conservation-related items | 2719 |
or items that promote wildlife conservation, including, but not | 2720 |
limited to, stamps, pins, badges, books, bulletins, maps, | 2721 |
publications, calendars, and any other educational article or | 2722 |
artifact pertaining to wild animals; sell confiscated or forfeited | 2723 |
items; and sell surplus structures and equipment, and timber or | 2724 |
crops from lands owned, administered, leased, or controlled by the | 2725 |
division. | 2726 |
(H) The chief may sell, lease, or transfer minerals or | 2727 |
mineral rights, with the approval of the director, when the chief | 2728 |
and the director determine it to be in the best interest of the | 2729 |
state. Upon approval of the director, the chief may make, execute, | 2730 |
and deliver contracts, including leases, to mine, drill, or | 2731 |
excavate iron ore, stone, coal, petroleum, gas, salt, and other | 2732 |
minerals upon and under lands owned by the state and administered | 2733 |
by the division to any person who complies with the terms of such | 2734 |
a contract. No such contract shall be valid for more than fifty | 2735 |
years from its effective date. Consideration for minerals and | 2736 |
mineral rights shall be by rental or royalty basis as prescribed | 2737 |
by the chief and payable as prescribed by contract. Moneys | 2738 |
collected under this division shall be paid into the state | 2739 |
treasury to the credit of the wildlife habitat fund created in | 2740 |
section 1531.33 of the Revised Code. Contracts entered into under | 2741 |
this division also may provide for consideration for minerals or | 2742 |
mineral rights in the form of acquisition of lands as provided | 2743 |
under divisions (A) and (C) of this section. | 2744 |
(I) All moneys received under divisions (E), (F), and (G) of | 2745 |
this section shall be paid into the state treasury to the credit | 2746 |
of a fund that shall be used for the purposes outlined in section | 2747 |
1533.15 of the Revised Code and for the management of other wild | 2748 |
animals for their ecological and nonconsumptive recreational value | 2749 |
or benefit. | 2750 |
(J) The chief, with the approval of the director, may barter | 2751 |
or sell wild animals to other states, state or federal agencies, | 2752 |
and conservation or zoological organizations. Moneys received from | 2753 |
the sale of wild animals shall be deposited into the wild animal | 2754 |
fund created in section 1531.34 of the Revised Code. | 2755 |
(K) The chief shall adopt rules establishing standards and | 2756 |
guidelines for the administration of contraceptive chemicals to | 2757 |
noncaptive wild animals. The rules may specify chemical delivery | 2758 |
methods and devices and monitoring requirements. | 2759 |
The chief shall establish criteria for the issuance of and | 2760 |
shall issue permits for the administration of contraceptive | 2761 |
chemicals to noncaptive wild animals. No person shall administer | 2762 |
contraceptive chemicals to noncaptive wild animals without a | 2763 |
permit issued by the chief. | 2764 |
(L) All fees set by the chief under this section shall be | 2765 |
approved by the wildlife council. | 2766 |
(M) Information contained in the wildlife diversity database | 2767 |
that is established pursuant to division (B)(2) of this section | 2768 |
and section 1531.25 of the Revised Code may be made available to | 2769 |
any individual or public or private agency for research, | 2770 |
educational, environmental, land management, or other similar | 2771 |
purposes that are not detrimental to the conservation of a species | 2772 |
or feature. Information regarding sensitive site locations of | 2773 |
species that are listed pursuant to section 1531.25 of the Revised | 2774 |
Code and of features that are included in the wildlife diversity | 2775 |
database is not subject to section 149.43 of the Revised Code if | 2776 |
the chief determines that the release of the information could be | 2777 |
detrimental to the conservation of a species or feature. | 2778 |
Sec. 1531.17. All fines, penalties, and forfeitures arising | 2779 |
from prosecutions, convictions, confiscations, or
| 2780 |
actions comenced under this chapter and | 2781 |
1533. of the Revised Code, unless otherwise directed by the | 2782 |
director of natural resources, shall be paid by the officer by | 2783 |
whom collected
to the director and by | 2784 |
the state treasury to the credit of the wildlife fund, which is | 2785 |
hereby created, for the use of the division of wildlife. All | 2786 |
moneys collected as license fees on nets in the Lake Erie fishing | 2787 |
district shall be paid by the director into the state treasury to | 2788 |
the credit of the wildlife fund for use only in the betterment and | 2789 |
the propagation of fish therein or in otherwise propagating fish | 2790 |
in | 2791 |
be credited to the fund. The wildlife fund shall not be used for | 2792 |
compensation of personnel employed by other divisions of the | 2793 |
department of natural resources who are assigned to law | 2794 |
enforcement duties in aid of the division of wildlife or for | 2795 |
compensation of division of wildlife personnel for activities | 2796 |
related to the instruction of personnel of other divisions. | 2797 |
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, or | 2798 |
boat used in the unlawful taking or transporting of wild animals, | 2799 |
and any net, seine, trap, ferret, gun, or other device used in the | 2800 |
unlawful taking of wild animals, is a public nuisance. Each | 2801 |
wildlife officer, or other officer with like authority, shall | 2802 |
seize and safely keep such property and the illegal results of its | 2803 |
use, and unless otherwise ordered by the chief of the division of | 2804 |
wildlife shall | 2805 |
proceedings in a proper court of the county for its forfeiture. A | 2806 |
writ of replevin shall not lie to take the property from the | 2807 |
officer's custody or from the custody or jurisdiction of the court | 2808 |
in which
the proceeding is | 2809 |
proceeding affect a criminal prosecution for the unlawful use or | 2810 |
possession of the property. | 2811 |
An action for the forfeiture of any such property shall be | 2812 |
2813 | |
property seized and stating the unlawful use made of it, the time | 2814 |
and place of seizure, and the name of the person owning or using | 2815 |
it at the time of seizure. If the name is unknown, that fact shall | 2816 |
be stated. Upon the filing of the affidavit, the court shall issue | 2817 |
a summons setting forth the facts stated in the affidavit and | 2818 |
fixing a time and place for the hearing of the complaint. A copy | 2819 |
of the summons shall be served on the owner or person using the | 2820 |
property at the time of its seizure, if the owner or user is | 2821 |
known, or by leaving a copy thereof at the owner's or user's usual | 2822 |
residence or place of business in the county, at least three days | 2823 |
before the time fixed for the hearing of the complaint. If the | 2824 |
owner or user is unknown or a nonresident of the county or cannot | 2825 |
be found therein, a copy of the summons shall be posted at a | 2826 |
suitable place nearest the place of seizure, but if the owner's or | 2827 |
user's address is known, a copy of the summons shall be mailed to | 2828 |
the owner or user at least three days before the time fixed for | 2829 |
the hearing of the complaint. On the date fixed for the hearing, | 2830 |
the officer making the service shall make a return of the time and | 2831 |
manner of making the service. Upon the proper cause shown, the | 2832 |
court may postpone the hearing. | 2833 |
| 2834 |
initiated under this section shall not progress to actual | 2835 |
forfeiture of the seized property unless so ordered by the court. | 2836 |
The court may order the actual forfeiture of the seized property | 2837 |
as part of the sentence that it imposes if the owner or person | 2838 |
unlawfully using the property at the time of its seizure is | 2839 |
2840 | |
property at the time of its seizure was being used by the owner or | 2841 |
user in violation of law or division rule | 2842 |
2843 | |
2844 | |
be the property of the state, to be disposed of | 2845 |
chief of the division of wildlife directs. | 2846 |
| 2847 |
2848 | |
2849 | |
2850 | |
2851 |
Sec. 1531.99. (A) Whoever violates section 1531.02 of the | 2852 |
Revised Code, or any division rule, other than a rule adopted | 2853 |
under section 1531.25 of the Revised Code, is guilty of a | 2854 |
misdemeanor of the fourth degree. | 2855 |
(B) Whoever violates section 1531.02 of the Revised Code | 2856 |
concerning the taking or possession of deer or violates division | 2857 |
(K) of section 1531.06 or section 1531.07 or 1531.29 of the | 2858 |
Revised Code is guilty of a misdemeanor of the third degree on a | 2859 |
first offense; on each subsequent offense, that person is guilty | 2860 |
of a misdemeanor of the first degree. | 2861 |
(C) Whoever violates section 1531.25 of the Revised Code is | 2862 |
guilty of a misdemeanor of the first degree. | 2863 |
(D) Whoever violates section 1531.02 of the Revised Code | 2864 |
concerning the buying, selling, or offering for sale of any wild | 2865 |
animals or parts of wild animals, the minimum value of which | 2866 |
animals or parts, in the aggregate, is | 2867 |
dollars or more as established under section 1531.201 of the | 2868 |
Revised Code, is guilty of a felony of the fifth degree. | 2869 |
(E) A court that imposes sentence for a violation of any | 2870 |
section of this chapter governing the holding, taking, buying, | 2871 |
selling, or possession of wild animals, including, without | 2872 |
limitation, section 1531.11 of the Revised Code, shall require the | 2873 |
person who is convicted of or pleads guilty to the offense, in | 2874 |
addition to any fine, term of imprisonment, seizure, and | 2875 |
forfeiture imposed, to make restitution for the minimum value of | 2876 |
the wild animal illegally held, taken, bought, sold, or possessed | 2877 |
as established under section 1531.201 of the Revised Code. An | 2878 |
officer who collects moneys paid as restitution under this section | 2879 |
shall pay those moneys to the treasurer of state who shall deposit | 2880 |
them in the state treasury to the credit of the wildlife fund | 2881 |
established under section 1531.17 of the Revised Code. | 2882 |
Sec. 1533.08. Except as otherwise provided by division rule, | 2883 |
any person desiring to collect or possess wild animals that are | 2884 |
protected by law or their nests or eggs for scientific study, | 2885 |
school instruction, other educational uses, or rehabilitation | 2886 |
shall make an annual application to the chief of the division of | 2887 |
wildlife for a
wild animal | 2888 |
by the chief. Each
applicant for a wild animal | 2889 |
other than an applicant desiring to rehabilitate wild animals, | 2890 |
shall pay an annual fee of twenty-five dollars for each permit. No | 2891 |
fee shall be charged to an applicant desiring to rehabilitate wild | 2892 |
animals. | 2893 |
2894 | |
take, possess, and transport at any time
and in | 2895 |
is acceptable to the chief specimens of wild animals protected by | 2896 |
law or their nests and eggs for scientific study, school | 2897 |
instruction, other educational uses, or rehabilitation and under | 2898 |
any additional rules recommended by the wildlife council. Upon the | 2899 |
receipt of a permit, the holder may take, possess, and transport | 2900 |
those wild animals in accordance with the permit. | 2901 |
Each holder of a permit engaged in collecting or who posses | 2902 |
such wild animals shall carry the permit at all times and shall | 2903 |
exhibit it upon demand to any | 2904 |
2905 | |
section 2935.01 of the Revised Code, or to the owner or person in | 2906 |
lawful control of the land upon which the permit holder is | 2907 |
collecting | 2908 |
Failure to so carry or exhibit the permit constitutes an offense | 2909 |
under this section. | 2910 |
Each permit holder shall keep a daily record of all specimens | 2911 |
collected or possessed under the permit and the disposition of the | 2912 |
specimens and shall exhibit the daily record to any official of | 2913 |
the division upon demand. | 2914 |
Each permit shall remain in effect for one year from the date | 2915 |
of issuance unless it is revoked sooner by the chief. | 2916 |
All moneys received as fees for the issuance of a wild animal | 2917 |
collecting permit shall be transmitted to the director of natural | 2918 |
resources to be paid into the state treasury to the credit of the | 2919 |
fund created by section 1533.15 of the Revised Code. | 2920 |
Sec. 1533.09. Before the | 2921 |
March of each
year, each wild animal | 2922 |
shall file with
the division of wildlife a written report of | 2923 |
the permit holder's operations under the permit and the | 2924 |
disposition of the specimens collected or possessed during the | 2925 |
preceding calendar year on report blanks furnished by the chief of | 2926 |
the division. Failure to file a report shall cause the permit to | 2927 |
be forfeited as of the | 2928 |
Permits are not transferable. No permit holder or person | 2929 |
collecting or possessing wild animals under authority of such a | 2930 |
permit shall take, possess, or transport the wild animals for any | 2931 |
purpose not specified in the permit. | 2932 |
Conviction of a violation of this section, failure to carry a | 2933 |
permit and exhibit it to any person requesting to see it as | 2934 |
provided in section 1533.08 of the Revised Code, or the violation | 2935 |
of any other law concerning wild animals constitutes a revocation | 2936 |
and forfeiture of the permit involved. The former permit holder | 2937 |
shall not be entitled to another permit for a period of one year | 2938 |
from the date of the conviction. | 2939 |
Sec. 1533.10. Except as provided in this section or division | 2940 |
(A)(2) of section 1533.12 of the Revised Code, no person shall | 2941 |
hunt any wild bird or wild quadruped without a hunting license. | 2942 |
Each day that any person hunts within the state without procuring | 2943 |
such a license constitutes a separate offense. Except as otherwise | 2944 |
provided in this section, every applicant for a hunting license | 2945 |
who is a resident of the state and eighteen years of age or more | 2946 |
shall procure a resident hunting license, the fee for which shall | 2947 |
be eighteen dollars | 2948 |
of section 1533.12 of the Revised Code provide for issuance of a | 2949 |
resident hunting license to the applicant free of charge. Except | 2950 |
as provided in rules adopted under division (B)(2) of that | 2951 |
section, each applicant who is a resident of this state and who at | 2952 |
the time of application is sixty-six years of age or older shall | 2953 |
procure a special senior hunting license, the fee for which shall | 2954 |
be one-half of the regular hunting license fee. Every applicant | 2955 |
who is under the age of eighteen years shall procure a special | 2956 |
youth hunting license, the fee for which shall be one-half of the | 2957 |
regular hunting license fee. The owner of lands in the state and | 2958 |
the owner's children of any age and grandchildren under eighteen | 2959 |
years of age may hunt on the lands without a hunting license. The | 2960 |
tenant and children of the tenant, residing on lands in the state, | 2961 |
may hunt on them without a hunting license. Except as otherwise | 2962 |
provided in division (A)(1) of section 1533.12 of the Revised | 2963 |
Code, every applicant for a hunting license who is a nonresident | 2964 |
of the state and who is eighteen years of age or older shall | 2965 |
procure a nonresident hunting license, the fee for which shall be | 2966 |
one hundred twenty-four dollars | 2967 |
resident of a state that is a party to an agreement under section | 2968 |
1533.91 of the Revised Code, in which case the fee shall be | 2969 |
eighteen dollars. | 2970 |
The chief of the division of wildlife may issue a small game | 2971 |
hunting license expiring three days from the effective date of the | 2972 |
license to a nonresident of the state, the fee for which shall be | 2973 |
thirty-nine dollars. No person shall take or possess deer, wild | 2974 |
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 2975 |
animal while possessing only a small game hunting license. A small | 2976 |
game hunting license does not authorize the taking or possessing | 2977 |
of ducks, geese, or brant without having obtained, in addition to | 2978 |
the small game hunting license, a wetlands habitat stamp as | 2979 |
provided in section 1533.112 of the Revised Code. A small game | 2980 |
hunting license does not authorize the taking or possessing of | 2981 |
deer, wild turkeys, or fur-bearing animals. A nonresident of the | 2982 |
state who wishes to take or possess deer, wild turkeys, or | 2983 |
fur-bearing animals in this state shall procure, respectively, a | 2984 |
2985 | |
of the Revised Code or a fur taker permit as provided in section | 2986 |
1533.111 of the Revised Code in addition to a nonresident hunting | 2987 |
license or a special youth hunting license, as applicable, as | 2988 |
provided in this section. | 2989 |
No person shall procure or attempt to procure a hunting | 2990 |
license by fraud, deceit, misrepresentation, or any false | 2991 |
statement. | 2992 |
This section does not authorize the taking and possessing of | 2993 |
deer or wild turkeys without first having obtained, in addition to | 2994 |
the hunting license required by this section, a
| 2995 |
wild turkey permit as provided in section 1533.11 of the Revised | 2996 |
Code or the taking and possessing of ducks, geese, or brant | 2997 |
without first having obtained, in addition to the hunting license | 2998 |
required by this section, a wetlands habitat stamp as provided in | 2999 |
section 1533.112 of the Revised Code. | 3000 |
This section does not authorize the hunting or trapping of | 3001 |
fur-bearing animals without first having obtained, in addition to | 3002 |
a hunting license required by this section, a fur taker permit as | 3003 |
provided in section 1533.111 of the Revised Code. | 3004 |
No hunting license shall be issued unless it is accompanied | 3005 |
by a written explanation of the law in section 1533.17 of the | 3006 |
Revised Code and the penalty for its violation, including a | 3007 |
description of terms of imprisonment and fines that may be | 3008 |
imposed. | 3009 |
No hunting license shall be issued unless the applicant | 3010 |
presents to the agent authorized to issue the license a previously | 3011 |
held hunting license or evidence of having held such a license in | 3012 |
content and manner approved by the chief, a certificate of | 3013 |
completion issued upon completion of a hunter education and | 3014 |
conservation course approved by the chief, or evidence of | 3015 |
equivalent training in content and manner approved by the chief. | 3016 |
No person shall issue a hunting license to any person who | 3017 |
fails to present the evidence required by this section. No person | 3018 |
shall purchase or obtain a hunting license without presenting to | 3019 |
the issuing agent the evidence required by this section. Issuance | 3020 |
of a hunting license in violation of the requirements of this | 3021 |
section is an offense by both the purchaser of the illegally | 3022 |
obtained hunting license and the clerk or agent who issued the | 3023 |
hunting license. Any hunting license issued in violation of this | 3024 |
section is void. | 3025 |
The chief, with approval of the wildlife council, shall adopt | 3026 |
rules prescribing a hunter education and conservation course for | 3027 |
first-time hunting license buyers and for volunteer instructors. | 3028 |
The course shall consist of subjects including, but not limited | 3029 |
to, hunter safety and health, use of hunting implements, hunting | 3030 |
tradition and ethics, the hunter and conservation, the law in | 3031 |
section 1533.17 of the Revised Code along with the penalty for its | 3032 |
violation, including a description of terms of imprisonment and | 3033 |
fines that may be imposed, and other law relating to hunting. | 3034 |
Authorized personnel of the division or volunteer instructors | 3035 |
approved by the chief shall conduct such courses with such | 3036 |
frequency and at such locations throughout the state as to | 3037 |
reasonably meet the needs of license applicants. The chief shall | 3038 |
issue a certificate of completion to each person who successfully | 3039 |
completes the course and passes an examination prescribed by the | 3040 |
chief. | 3041 |
Sec. 1533.11. (A) Except as provided in this section, no | 3042 |
person shall hunt deer on lands of another without first obtaining | 3043 |
an annual | 3044 |
no person shall hunt wild turkeys on lands of another without | 3045 |
first obtaining an annual | 3046 |
applicant for a | 3047 |
annual fee of twenty-three dollars for each permit unless the | 3048 |
rules adopted under division (B) of section 1533.12 of the Revised | 3049 |
Code provide for issuance of a deer or wild turkey permit to the | 3050 |
applicant free of charge. Except as provided in rules adopted | 3051 |
under division (B)(2) of that section, each applicant who is a | 3052 |
resident of this state and who at the time of application is | 3053 |
sixty-six years of age or older shall procure a | 3054 |
deer or wild turkey permit, the fee for which shall be one-half of | 3055 |
the regular | 3056 |
who is under the age of eighteen years shall procure a | 3057 |
youth deer or wild turkey permit, the fee for which shall be | 3058 |
one-half of the regular | 3059 |
Except as provided in division (A)(2) of section 1533.12 of the | 3060 |
Revised Code, a deer or wild turkey permit shall run concurrently | 3061 |
with the hunting license. The money received shall be paid into | 3062 |
the state treasury to the credit of the wildlife fund, created in | 3063 |
section 1531.17 of the Revised Code, exclusively for the use of | 3064 |
the division of wildlife in the acquisition and development of | 3065 |
land for deer or wild turkey management, for investigating deer or | 3066 |
wild turkey problems, and for the stocking, management, and | 3067 |
protection of deer or wild turkey. Every person, while hunting | 3068 |
deer or wild turkey on lands of another, shall carry the person's | 3069 |
3070 | |
enforcement officer so requesting. Failure to so carry and exhibit | 3071 |
such a permit constitutes an offense under this section. The chief | 3072 |
of the division of wildlife shall adopt any additional rules the | 3073 |
chief considers necessary to carry out this section and section | 3074 |
1533.10 of the Revised Code. | 3075 |
The owner and the children of the owner of lands in this | 3076 |
state may hunt deer or wild turkey thereon without a | 3077 |
or wild turkey permit. The tenant and children of the tenant may | 3078 |
hunt deer or wild turkey on lands where they reside without a | 3079 |
3080 |
(B) A | 3081 |
No person shall carry a | 3082 |
in the name of another person. | 3083 |
(C) The wildlife refunds fund is hereby created in the state | 3084 |
treasury. The fund shall consist of money received from | 3085 |
application fees for | 3086 |
Money in the fund shall be used to make refunds of such | 3087 |
application fees. | 3088 |
Sec. 1533.12. (A)(1) Except as otherwise provided in | 3089 |
division (A)(2) of this section, every person on active duty in | 3090 |
the armed forces of the United States who is stationed in this | 3091 |
state and who wishes to engage in an activity for which a license, | 3092 |
permit, or stamp is required under this chapter first shall obtain | 3093 |
the requisite license, permit, or stamp. Such a person is eligible | 3094 |
to obtain a resident hunting or fishing license regardless of | 3095 |
whether the person qualifies as a resident of this state. To | 3096 |
obtain a resident hunting or fishing license, the person shall | 3097 |
present a card or other evidence identifying the person as being | 3098 |
on active duty in the armed forces of the United States and as | 3099 |
being stationed in this state. | 3100 |
(2) Every person on active duty in the armed forces of the | 3101 |
United States, while on leave or furlough, may take or catch fish | 3102 |
of the kind lawfully permitted to be taken or caught within the | 3103 |
state, may hunt any wild bird or wild quadruped lawfully permitted | 3104 |
to be hunted within the state, and may trap fur-bearing animals | 3105 |
lawfully permitted to be trapped within the state, without | 3106 |
procuring a fishing license, a hunting license, a fur taker | 3107 |
permit, or a wetlands habitat stamp required by this chapter, | 3108 |
provided that the person shall carry on the person when fishing, | 3109 |
hunting, or trapping, a card or other evidence identifying the | 3110 |
person as being on active duty in the armed forces of the United | 3111 |
States, and provided that the person is not otherwise violating | 3112 |
any of the hunting, fishing, and trapping laws of this state. | 3113 |
In order to hunt deer or wild turkey, any such person shall | 3114 |
obtain a | 3115 |
section 1533.11 of the Revised Code. However, the person need not | 3116 |
obtain a hunting license in order to obtain such a permit. | 3117 |
(B) The chief of the division of wildlife shall provide by | 3118 |
rule adopted under section 1531.10 of the Revised Code all of the | 3119 |
following: | 3120 |
(1) Every resident of this state with a disability that has | 3121 |
been determined by the veterans administration to be permanently | 3122 |
and totally disabling, who receives a pension or compensation from | 3123 |
the veterans administration, and who received an honorable | 3124 |
discharge from the armed forces of the United States, and every | 3125 |
veteran to whom the registrar of motor vehicles has issued a set | 3126 |
of license plates under section 4503.41 of the Revised Code, shall | 3127 |
be issued | 3128 |
permit, deer or wild turkey permit, or wetlands habitat stamp, or | 3129 |
any combination of those licenses, permits, and stamp, free of | 3130 |
charge on an annual, multi-year, or lifetime basis as determined | 3131 |
appropriate by the chief when application is made to the chief in | 3132 |
the manner prescribed by and on forms provided by the chief. | 3133 |
(2) Every resident of the state who was born on or before | 3134 |
December 31, 1937, shall be issued an annual fishing license, | 3135 |
hunting license, fur taker permit, deer or wild turkey permit, or | 3136 |
wetlands habitat stamp, or any combination of those licenses, | 3137 |
permits, and stamp, free of charge when application is made to the | 3138 |
chief in the manner prescribed by and on forms provided by the | 3139 |
chief. | 3140 |
(3) Every resident of state or county institutions, | 3141 |
charitable institutions, and military homes in this state shall be | 3142 |
issued an annual fishing license free of charge when application | 3143 |
is made to the chief in the manner prescribed by and on forms | 3144 |
provided by the chief. | 3145 |
(4) Any mobility impaired or blind person, as defined in | 3146 |
section 955.011 of the Revised Code, who is a resident of this | 3147 |
state and who is unable to engage in fishing without the | 3148 |
assistance of another person shall be issued an annual fishing | 3149 |
license free of charge when application is made to the chief in | 3150 |
the manner prescribed by and on forms provided by the chief. The | 3151 |
person who is assisting the mobility impaired or blind person may | 3152 |
assist in taking or catching fish of the kind permitted to be | 3153 |
taken or caught without procuring the license required under | 3154 |
section 1533.32 of the Revised Code, provided that only one line | 3155 |
is used by both persons. | 3156 |
(5) As used in division (B)(5) of this section, "prisoner of | 3157 |
war" means any regularly appointed, enrolled, enlisted, or | 3158 |
inducted member of the military forces of the United States who | 3159 |
was captured, separated, and incarcerated by an enemy of the | 3160 |
United States. | 3161 |
Any person who has been a prisoner of war, was honorably | 3162 |
discharged from the military forces, and is a resident of this | 3163 |
state shall be issued | 3164 |
license, fur taker permit, or wetlands habitat stamp, or any | 3165 |
combination of those licenses, permits, and stamp, free of charge | 3166 |
on an annual, multi-year, or lifetime basis as determined | 3167 |
appropriate by the chief when application is made to the chief in | 3168 |
the manner prescribed by and on forms provided by the chief. | 3169 |
(C) The chief shall adopt rules pursuant to section 1531.08 | 3170 |
of the Revised Code designating not more than two days, which need | 3171 |
not be consecutive, in each year as "free sport fishing days" on | 3172 |
which any resident may exercise the privileges accorded the holder | 3173 |
of a fishing license issued under section 1533.32 of the Revised | 3174 |
Code without procuring such a license, provided that the person is | 3175 |
not otherwise violating any of the fishing laws of this state. | 3176 |
Sec. 1533.131. The chief of the division of wildlife may | 3177 |
sell gift certificates that may be used to obtain hunting and | 3178 |
fishing licenses, fur taker, | 3179 |
permits, and wetlands habitat stamps. For the purposes of this | 3180 |
section, the chief shall adopt rules in accordance with section | 3181 |
1531.10 of the Revised Code doing all of the following: | 3182 |
(A) Providing that a gift certificate may be used to obtain a | 3183 |
resident or nonresident hunting license under section 1533.10 of | 3184 |
the Revised Code, a resident or nonresident fishing license under | 3185 |
section 1533.32 of the Revised Code, a fur taker permit under | 3186 |
section 1533.111 of the
Revised Code, a | 3187 |
turkey permit under section 1533.11 of the Revised Code, a | 3188 |
wetlands habitat stamp under section 1533.112 of the Revised Code, | 3189 |
or a combination of those licenses, permits, and stamps; | 3190 |
(B) Prescribing the form for the gift certificates; | 3191 |
(C) Authorizing persons who are designated and authorized | 3192 |
under section 1533.13 of the Revised Code to sell licenses and | 3193 |
permits under this chapter also to sell gift certificates under | 3194 |
this section; | 3195 |
(D) Establishing fees for the gift certificates, which shall | 3196 |
equal the total of the fee for a resident or nonresident hunting | 3197 |
license, a resident or nonresident fishing license, a fur taker | 3198 |
permit, a | 3199 |
stamp, or a combination of those licenses, permits, and | 3200 |
stamp, as applicable, and the fee established under section | 3201 |
1533.13 of the Revised Code; | 3202 |
(E) Requiring gift certificates to expire one year after the | 3203 |
date of purchase. | 3204 |
Nothing in this section or rules adopted under it relieves an | 3205 |
individual who receives a gift certificate for a hunting license | 3206 |
from complying with the requirement established under section | 3207 |
1533.10 of the Revised Code to present, when applying for the | 3208 |
license, a previously held hunting license or evidence of having | 3209 |
held such a license in content and manner approved by the chief, a | 3210 |
certificate of completion issued upon completion of a hunter | 3211 |
education and conservation course approved by the chief, or | 3212 |
evidence of equivalent training in content and manner approved by | 3213 |
the chief. | 3214 |
Nothing in this section or rules adopted under it relieves an | 3215 |
individual who receives a gift certificate for a fur taker permit | 3216 |
from complying with the requirements established under section | 3217 |
1533.111 of the Revised Code to present, when applying for the | 3218 |
permit, a previously held hunting license or trapping or fur taker | 3219 |
permit or evidence of having held such a license or permit in | 3220 |
content and manner approved by the chief, a certificate of | 3221 |
completion issued upon completion of a trapper education course | 3222 |
approved by the chief, or evidence of equivalent training in | 3223 |
content and manner approved by the chief. | 3224 |
Sec. 1533.171. (A) No person, in the act of hunting, | 3225 |
pursuing, taking, or killing a wild animal, shall act in a | 3226 |
negligent, careless, or reckless manner so as to injure persons or | 3227 |
property. | 3228 |
(B) The court before whom any person is convicted of or | 3229 |
pleads guilty to a violation of division (A) of this section shall | 3230 |
report that fact, together with the violator's name and address, | 3231 |
to the chief of the division of wildlife not later than ten days | 3232 |
after the date of conviction or plea. | 3233 |
(C) Not later than seven days after receiving a notification | 3234 |
under division (B) of this section, the chief shall revoke, for | 3235 |
not less than one year nor more than five years, each hunting | 3236 |
license, fur taker permit, | 3237 |
turkey permit, and wetlands habitat stamp issued to that person | 3238 |
under this chapter. No fee paid for such a license, permit, or | 3239 |
stamp shall be returned to the person. | 3240 |
Upon revoking a license, permit, or stamp, or a combination | 3241 |
thereof, under this division, the chief immediately shall send a | 3242 |
notice of that action by certified mail to the last known address | 3243 |
of the person. The notice shall state the action taken, order the | 3244 |
person to surrender the revoked license, permit, or stamp, or | 3245 |
combination thereof, and state that the department of natural | 3246 |
resources will not afford a hearing as required under section | 3247 |
119.06 of the Revised Code. | 3248 |
(D) If, after receiving a notice under division (C) of this | 3249 |
section, the person decides to petition for a review of the | 3250 |
revocation, the person shall file a petition for such a review not | 3251 |
later than thirty days after receiving the notice in the municipal | 3252 |
court or the county court, or, if the person is under eighteen | 3253 |
years of age, the juvenile court, in whose jurisdiction the | 3254 |
violation occurred. The review shall be limited to the question of | 3255 |
the appropriateness of the period of revocation. The court shall | 3256 |
send a copy of the petition to the chief by certified mail | 3257 |
together with timely notice of the date, time, and place of a | 3258 |
hearing on the petition. The filing of a petition for a review | 3259 |
shall not stay the revocation during the pendency of the appeal. | 3260 |
(E) No person whose license, permit, or stamp, or a | 3261 |
combination thereof, has been revoked under this section shall | 3262 |
attempt to purchase, purchase, apply for, or receive any hunting | 3263 |
license, fur taker permit, | 3264 |
turkey permit, or wetlands habitat stamp issued under this chapter | 3265 |
or engage in hunting during the time any such license, permit, or | 3266 |
stamp, or a combination thereof, is revoked. | 3267 |
Sec. 1533.68. If a person is convicted of a violation of any | 3268 |
law relative to the taking, possession, protection, preservation, | 3269 |
or propagation of wild animals, or a violation of division (C) of | 3270 |
section 2909.08 of the Revised Code while hunting, or is convicted | 3271 |
of a violation of any rule of the division of wildlife, the court | 3272 |
or magistrate before whom the conviction is had, as an additional | 3273 |
part of the penalty in
each case, | 3274 |
license or permit issued to the person in accordance with any | 3275 |
section of the Revised Code pertaining to the hunting, fishing, | 3276 |
trapping, breeding, and sale of wild animals or the sale of their | 3277 |
hides, skins, or pelts. No fee paid for such a license or permit | 3278 |
shall be returned to the person. | 3279 |
No person having a license or permit suspended or revoked as | 3280 |
provided in this section, in the event of a hunting or trapping | 3281 |
violation, shall engage in hunting or trapping, in the event of a | 3282 |
violation of division (C) of section 2909.08 of the Revised Code | 3283 |
while hunting, shall engage in hunting, or in the event of a | 3284 |
fishing violation, shall engage in fishing, or purchase, apply | 3285 |
for, or receive any such license or permit for the following | 3286 |
periods of time, as applicable: | 3287 |
(A) Three years after the date of conviction if the person is | 3288 |
convicted of taking or possessing a deer in violation of section | 3289 |
1531.02 of the Revised Code; | 3290 |
(B) Not more than three years after the date of conviction if | 3291 |
the person is convicted of taking or possessing any other wild | 3292 |
animal in violation of section 1531.02 of the Revised Code, is | 3293 |
convicted of a misdemeanor violation of division (C) of section | 3294 |
2909.08 of the Revised Code while hunting, or is convicted of a | 3295 |
second or subsequent violation of section 1533.17 of the Revised | 3296 |
Code within a period of three consecutive years after the date of | 3297 |
conviction of the immediately preceding violation of that section; | 3298 |
(C) Not more than five years after the date of conviction if | 3299 |
the person is convicted of violating section 1533.171 or of taking | 3300 |
or possessing an eagle or osprey in violation of section 1533.07 | 3301 |
of the Revised Code or is convicted of a felony violation of | 3302 |
division (C) of section 2909.08 of the Revised Code while hunting; | 3303 |
(D) Not more than five years after the date of conviction if | 3304 |
the person is convicted of violating any section of this chapter | 3305 |
or Chapter 1531. of the Revised Code not specified in division | 3306 |
(A), (B), or (C) of this section. | 3307 |
All licenses and permits suspended or revoked as provided in | 3308 |
this section shall be taken up by the magistrate and sent to the | 3309 |
department of natural resources where they shall be filed with a | 3310 |
record of the arrest until the person who held the suspended or | 3311 |
revoked license or permit is lawfully entitled to obtain another | 3312 |
license or permit. | 3313 |
Sec. 1533.86. As used in sections 1533.86 to 1533.90 of the | 3314 |
Revised Code: | 3315 |
(A) "Ginseng" means the plant Panax quinquefolius L., also | 3316 |
known as Panax quinquefolium L., commonly known as American | 3317 |
ginseng. | 3318 |
(B) "Wild ginseng" means ginseng that grows in an | 3319 |
uncultivated state and in its natural habitat whether the plant | 3320 |
occurs naturally from that habitat or was introduced or increased | 3321 |
in abundance by sowing ginseng seed or transplanting ginseng | 3322 |
plants from other areas and performing no other cultivation | 3323 |
practices. | 3324 |
(C) "Cultivated ginseng" means ginseng that grows or has been | 3325 |
grown in tilled beds under the shade of artificial structures or | 3326 |
natural shade and is cultivated according to standard ginseng | 3327 |
horticultural practices. | 3328 |
(D) "Harvest" means to cut, pick, dig, root up, gather, or | 3329 |
otherwise collect ginseng or to attempt to cut, pick, dig, root | 3330 |
up, gather, or otherwise collect ginseng. | 3331 |
(E) "Person" includes any legal entity defined as a person | 3332 |
under section | 3333 |
subdivision, instrumentality, or agency of | 3334 |
state | 3335 |
(F) "Collector" means a person who harvests ginseng. | 3336 |
(G) "Grower" means a person who grows cultivated ginseng. | 3337 |
(H) "Dealer" means a person who buys or otherwise acquires or | 3338 |
conveys ginseng for resale. | 3339 |
(I) "Buy" includes trade or barter. | 3340 |
(J) "Sell" includes trade or barter. | 3341 |
Sec. 1541.03. All lands and waters dedicated and set apart | 3342 |
for state park purposes shall be under the control and management | 3343 |
of the division of parks and recreation, which shall protect, | 3344 |
maintain, and keep them in repair. The division shall have the | 3345 |
following powers over all such lands and waters: | 3346 |
(A) To make alterations and improvements; | 3347 |
(B) To construct and maintain dikes, wharves, landings, | 3348 |
docks, dams, and other works; | 3349 |
(C) To construct and maintain roads and drives in, around, | 3350 |
upon, and to the lands and waters to make them conveniently | 3351 |
accessible and useful to the public; | 3352 |
(D) Except as otherwise provided in this section, to adopt, | 3353 |
amend, and rescind, in accordance with Chapter 119. of the Revised | 3354 |
Code, rules necessary for the proper management of state parks, | 3355 |
bodies of water, and the lands adjacent to them under its | 3356 |
jurisdiction and control, including the following: | 3357 |
(1) Governing opening and closing times and dates of the | 3358 |
parks; | 3359 |
(2) Establishing fees and charges for use of facilities in | 3360 |
state parks; | 3361 |
(3) Governing camps, camping, and fees for camps and camping; | 3362 |
(4) Governing the application for and rental of, rental fees | 3363 |
for, and the use of | 3364 |
(5) Relating to public use of state park lands, and governing | 3365 |
the operation of motor vehicles, including speeds, and parking on | 3366 |
those lands; | 3367 |
(6) Governing all advertising within state parks and the | 3368 |
requirements for the operation of places selling tangible personal | 3369 |
property and control of food service sales on lands and waters | 3370 |
under the control of the division, which rules shall establish | 3371 |
uniform requirements; | 3372 |
(7) Providing uniform standards relating to the size, type, | 3373 |
location, construction, and maintenance of structures and devices | 3374 |
used for fishing or moorage of watercraft, rowboats, sailboats, | 3375 |
and powercraft, as those terms are defined in section 1547.01 of | 3376 |
the Revised Code, over waters under the control of the division | 3377 |
and establishing reasonable fees for the construction of and | 3378 |
annual use permits for those structures and devices; | 3379 |
(8) Governing state beaches, swimming, inflatable devices, | 3380 |
and fees for them; | 3381 |
(9) Governing the removal and disposition of any watercraft, | 3382 |
rowboat, sailboat, or powercraft, as those terms are defined in | 3383 |
section 1547.01 of the Revised Code, left unattended for more than | 3384 |
seven days on any lands or waters under the control of the | 3385 |
division; | 3386 |
(10) Governing the establishment and collection of check | 3387 |
collection charges for checks that are returned to the division or | 3388 |
dishonored for any reason. | 3389 |
The division shall adopt rules under this section | 3390 |
establishing a discount program for all persons who are issued a | 3391 |
golden buckeye card under section 173.06 of the Revised Code. The | 3392 |
discount program shall provide a discount for all park services | 3393 |
and rentals, but shall not provide a discount for the purchase of | 3394 |
merchandise. | 3395 |
The division shall not adopt rules establishing fees or | 3396 |
charges for parking a motor vehicle in a state park or for | 3397 |
admission to a state park. | 3398 |
Every resident of this state with a disability that has been | 3399 |
determined by the veterans administration to be permanently and | 3400 |
totally disabling, who receives a pension or compensation from the | 3401 |
veterans administration, and who received an honorable discharge | 3402 |
from the armed forces of the United States, and every veteran to | 3403 |
whom the registrar of motor vehicles has issued a set of license | 3404 |
plates under section 4503.41 of the Revised Code, shall be exempt | 3405 |
from the fees for camping, provided that the resident or veteran | 3406 |
carries in the state park such evidence of the resident's or | 3407 |
veteran's disability as the chief of the division of parks and | 3408 |
recreation prescribes by rule. | 3409 |
Unless otherwise provided by division rule, every resident of | 3410 |
this state who is sixty-five years of age or older or who is | 3411 |
permanently and totally disabled and who furnishes evidence of | 3412 |
that age or disability in a manner prescribed by division rule | 3413 |
shall be charged one-half of the regular fee for camping, except | 3414 |
on the weekends and holidays designated by the division, and shall | 3415 |
not be charged more than ninety per cent of the regular charges | 3416 |
for state recreational facilities, equipment, services, and food | 3417 |
service operations utilized by the person at any time of year, | 3418 |
whether maintained or operated by the state or leased for | 3419 |
operation by another entity. | 3420 |
As used in this section, "food service operations" means | 3421 |
restaurants that are owned by the department of natural resources | 3422 |
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 3423 |
parks or are part of a state park lodge. "Food service operations" | 3424 |
does not include automatic vending machines, concession stands, or | 3425 |
snack bars. | 3426 |
As used in this section, "prisoner of war" means any | 3427 |
regularly appointed, enrolled, enlisted, or inducted member of the | 3428 |
military forces of the United States who was captured, separated, | 3429 |
and incarcerated by an enemy of the United States. Any person who | 3430 |
has been a prisoner of war, was honorably discharged from the | 3431 |
military forces, and is a resident of this state is exempt from | 3432 |
the fees for camping. To claim this exemption, the person shall | 3433 |
present written evidence in the form of a record of separation, a | 3434 |
letter from one of the military forces of the United States, or | 3435 |
such other evidence as the chief prescribes by rule that satisfies | 3436 |
the eligibility criteria established by this section. | 3437 |
Sec. 1541.05. (A) The chief of the division of parks and | 3438 |
recreation, with the approval of the director of natural | 3439 |
resources, may dispose of any of the following by sale, donation, | 3440 |
trade, trade-in, recycling, or any other lawful means, in a manner | 3441 |
that will benefit the division: | 3442 |
(1) Standing timber that as a result of wind, storm, | 3443 |
pestilence, or any other natural occurrence may present a hazard | 3444 |
to life or property, | 3445 |
lands under the control and management of the division, or any | 3446 |
timber that requires management to improve wildlife habitat, | 3447 |
protect against wildfires, provide access to recreational | 3448 |
facilities, or improve the safety, quality, or appearance of any | 3449 |
state park area; | 3450 |
(2) Spoils of a dredging operation conducted by the division | 3451 |
in waters under the control and management of the division. Prior | 3452 |
to the disposition of any spoils under this division, the chief | 3453 |
shall notify the director of environmental
protection of | 3454 |
chief's intent so that the director may determine if the spoils | 3455 |
constitute solid wastes or hazardous waste, as those terms are | 3456 |
defined in section 3734.01 of
the Revised Code, that | 3457 |
disposed of in accordance with Chapter 3734. of the Revised Code. | 3458 |
If the director does not notify the chief within thirty days after | 3459 |
receiving notice of the disposition that the spoils
| 3460 |
disposed of in accordance with Chapter 3734. of the Revised Code, | 3461 |
the chief may proceed with the disposition. | 3462 |
(3) Notwithstanding sections 125.12 to 125.14 of the Revised | 3463 |
Code, excess supplies and surplus supplies, as those terms are | 3464 |
defined in section 125.12 of the Revised Code; | 3465 |
(4) Agricultural products that are grown or raised by the | 3466 |
division. As used in this division, "agricultural products" | 3467 |
includes products of apiculture, animal husbandry, or poultry | 3468 |
husbandry, field crops, fruits, and vegetables. | 3469 |
(5) Abandoned personal property, including golf balls that | 3470 |
are found on property under the control and management of the | 3471 |
division. | 3472 |
(B) In accordance with Chapter 119. of the Revised Code, the | 3473 |
chief shall adopt, and may amend and rescind, such rules as are | 3474 |
necessary to administer this section. | 3475 |
(C) Proceeds from the disposition of items under this section | 3476 |
shall be deposited in the state treasury to the credit of the | 3477 |
state park fund created in section 1541.22 of the Revised Code. | 3478 |
Sec. 1541.22. (A) The chief of the division of parks and | 3479 |
recreation shall collect all rentals from leases of state lands | 3480 |
and moneys for pipe permits, dock licenses, concession fees, and | 3481 |
special privileges of any nature from all lands and waters | 3482 |
operated and administered by the division of parks and recreation. | 3483 |
The chief shall keep a record of all such payments showing the | 3484 |
amounts received, from whom, and for what purpose collected. All | 3485 |
such payments shall be credited to the state park fund, which is | 3486 |
hereby created in the state treasury, except such revenues | 3487 |
required to be set aside or paid into depositories or trust funds | 3488 |
for the payment of bonds issued under sections 1501.12 to 1501.15 | 3489 |
of the Revised Code, and to maintain the required reserves | 3490 |
therefor as provided in the orders authorizing the issuance of | 3491 |
such bonds or the trust agreements securing such bonds, and except | 3492 |
such revenues required to be paid and credited pursuant to the | 3493 |
bond proceedings applicable to obligations issued pursuant to | 3494 |
section 154.22 of the Revised Code. All moneys derived from the | 3495 |
operation of the lands, waters, facilities, and equipment by the | 3496 |
division, except such revenues required to be set aside or paid | 3497 |
into depositories or trust funds for the payment of bonds issued | 3498 |
under sections 1501.12 to 1501.15 of the Revised Code, and to | 3499 |
maintain the required reserves therefor as provided in the orders | 3500 |
authorizing the issuance of such bonds or the trust agreements | 3501 |
securing such bonds, and except such revenues required to be paid | 3502 |
and credited pursuant to the bond proceedings applicable to | 3503 |
obligations issued pursuant to section 154.22 of the Revised Code, | 3504 |
shall accrue to the credit of the state park fund. All fines, | 3505 |
penalties, and forfeitures arising from prosecutions, convictions, | 3506 |
confiscations, or other actions commenced under this chapter shall | 3507 |
be deposited in the state treasury to the credit of the fund. | 3508 |
Except as otherwise provided in division (B) of this section | 3509 |
and in sections 154.22, 1501.11, and 1501.14 of the Revised Code, | 3510 |
3511 | |
administration, operation, maintenance, development, and | 3512 |
utilization of lands and waters, and for facilities and equipment | 3513 |
incident thereto, administered by the division, or for the further | 3514 |
purchase of lands and waters by the state for park and | 3515 |
recreational purposes. | 3516 |
(B) The chief shall use moneys in the fund from the issuance | 3517 |
of Ohio state parks license plates under section 4503.575 of the | 3518 |
Revised Code only to pay the costs of state park interpretive and | 3519 |
educational programs and displays and the development and | 3520 |
operation of state park interpretive centers. | 3521 |
Sec. 1547.08. (A) No person shall operate a vessel within or | 3522 |
through a designated bathing area or within or through any area | 3523 |
that has been buoyed off designating it as an area in which | 3524 |
vessels are prohibited. | 3525 |
(B)(1) No person shall operate a vessel at greater than idle | 3526 |
speed or at a speed that creates a wake under any of the following | 3527 |
circumstances: | 3528 |
(a) Within three hundred feet of any marina, boat docking | 3529 |
facility, boat gasoline dock, launch ramp, recreational boat | 3530 |
harbor, or harbor entrance on Lake Erie or on the Ohio river; | 3531 |
(b) During the period from sunset to sunrise according to | 3532 |
local time within any water between the Dan Beard bridge and the | 3533 |
Brent Spence bridge on the Ohio river for any vessel not | 3534 |
documented by the United States coast guard as commercial; | 3535 |
(c) Within any area buoyed or marked as a no wake area on the | 3536 |
waters in this state. | 3537 |
(2) Division (B)(1) of this section does not apply in either | 3538 |
of the following places: | 3539 |
(a) An area designated by the chief of the division of | 3540 |
watercraft unless it is marked by a buoy or sign as a no wake or | 3541 |
idle speed area; | 3542 |
(b) Within any water between the Dan Beard bridge and the | 3543 |
Brent Spence bridge on the Ohio river when the United States coast | 3544 |
guard has authorized the holding of a special event of a community | 3545 |
nature on that water. | 3546 |
(C) No person shall operate a vessel in any area of | 3547 |
restricted or controlled operation in violation of the designated | 3548 |
restriction. | 3549 |
(D) No person shall operate a vessel within three hundred | 3550 |
feet of an official diver's flag unless the person is tendering | 3551 |
the diving operation. | 3552 |
(E) All areas of restricted or controlled operation as | 3553 |
described in division (A) of this section or as provided for in | 3554 |
section 1547.14 or 1547.61 of the Revised Code shall be marked by | 3555 |
a buoy or sign designating the restriction. All waters surrounded | 3556 |
by or lying between such a buoy or sign and the closest shoreline | 3557 |
are thereby designated as an area in which the designated | 3558 |
restrictions shall apply in the operation of any vessel. | 3559 |
Markings on buoys designating areas of restricted or | 3560 |
controlled operation shall be so spaced as to show all around the | 3561 |
horizon. Lineal spacing between the buoys shall be such that under | 3562 |
normal conditions of visibility any buoy shall be readily visible | 3563 |
from the next adjacent buoy. No colors or symbols, except as | 3564 |
provided for in rules of the chief, shall be used on buoys or | 3565 |
signs for marking closed or controlled areas of boating waters. | 3566 |
Any state department, conservancy district, or political | 3567 |
subdivision having jurisdiction and control of impounded boating | 3568 |
waters may place such buoys or signs on its waters. Any political | 3569 |
subdivision may apply to the chief for permission to place such | 3570 |
buoys or signs on other waters within its territorial limits. No | 3571 |
person shall place or cause to be placed a regulatory buoy or sign | 3572 |
on, into, or along the waters in this state unless the person has | 3573 |
complied with all the provisions of this chapter. | 3574 |
(F) No person shall enter, operate a vessel that enters, or | 3575 |
allow a vessel to enter a federally declared security zone as | 3576 |
defined in 33 C.F.R. Chapter I, subparts 6.01-1, 6.01-2, 6.01-3, | 3577 |
6.01-4, 6.01-5, 6.04-1, 6.04-5, 6.04-6, 6.04-7, and 6.04-8. | 3578 |
(G) No person shall permit any vessel to be operated on the | 3579 |
waters in this state in violation of this section. | 3580 |
Sec. 1547.51. There is hereby created within the department | 3581 |
of natural resources the division of watercraft. The division | 3582 |
shall administer and enforce all laws relative to the | 3583 |
identification, numbering, registration, titling, use, and | 3584 |
operation of vessels operated on the waters in this state and, | 3585 |
with the approval of the director of natural resources, educate | 3586 |
and inform the citizens of the state about, and promote, | 3587 |
conservation, navigation, safety practices, and the benefits of | 3588 |
recreational boating. | 3589 |
Sec. 1547.54. (A)(1) Except as otherwise provided in section | 3590 |
1547.542 of the Revised Code, the owner of every watercraft | 3591 |
requiring registration under this chapter shall file an | 3592 |
application for a triennial registration certificate with the | 3593 |
chief of the division of watercraft on forms that shall be | 3594 |
provided by the chief or by an electronic means approved by the | 3595 |
chief. The application shall be signed by the following: | 3596 |
(a) If the watercraft is owned by two persons under joint | 3597 |
ownership with right of survivorship established under section | 3598 |
2131.12 of the Revised Code, by both of those persons as owners of | 3599 |
the watercraft. The signatures may be done by electronic signature | 3600 |
if the owners themselves are renewing the registration and there | 3601 |
are no changes in the registration information since the issuance | 3602 |
of the immediately preceding registration certificate. In all | 3603 |
other instances, the signatures shall be done manually. | 3604 |
(b) If the watercraft is owned by a minor, by the minor and a | 3605 |
parent or legal guardian. The signatures may be done by electronic | 3606 |
signature if the parent or legal guardian and the minor themselves | 3607 |
are renewing the registration and there are no changes in the | 3608 |
registration information since the issuance of the immediately | 3609 |
preceding registration certificate. In all other instances, the | 3610 |
signatures shall be done manually. | 3611 |
(c) In all other cases, by the owner of the watercraft. The | 3612 |
signature may be done by electronic signature if the owner is | 3613 |
renewing the registration personally and there are no changes in | 3614 |
the registration information since the issuance of the immediately | 3615 |
preceding registration certificate. In all other instances, the | 3616 |
signatures shall be done manually. | 3617 |
(2) An application for a triennial registration of a | 3618 |
watercraft filed under division (A)(1) of this section shall be | 3619 |
accompanied by the following fee: | 3620 |
(a) For canoes, rowboats, and inflatable watercraft that are | 3621 |
numbered under section 1547.53 of the Revised Code, twelve | 3622 |
dollars; | 3623 |
(b) For canoes, row boats, and inflatable watercraft that are | 3624 |
not numbered under section 1547.53 of the Revised Code, seventeen | 3625 |
dollars; | 3626 |
(c) For class A watercraft, including motorized canoes, | 3627 |
thirty dollars; | 3628 |
(d) For class 1 watercraft, forty-five dollars; | 3629 |
(e) For class 2 watercraft, sixty dollars; | 3630 |
(f) For class 3 watercraft, seventy-five dollars; | 3631 |
(g) For class 4 watercraft, ninety dollars. | 3632 |
(3) For the purpose of registration, any watercraft operated | 3633 |
by means of power, sail, or any other mechanical or electrical | 3634 |
means of propulsion, except motorized canoes, shall be registered | 3635 |
by length as prescribed in this section. | 3636 |
(4) If an application for registration is filed by two | 3637 |
persons as owners under division (A)(1)(a) of this section, the | 3638 |
person who is listed first on the title shall serve as and perform | 3639 |
the duties of the "owner" and shall be considered the person "in | 3640 |
whose name the watercraft is registered" for purposes of divisions | 3641 |
(B) to (Q) of this section and for purposes of all other sections | 3642 |
in this chapter. | 3643 |
(B) All registration certificates issued under this section | 3644 |
are valid for three years and are renewable on a triennial basis | 3645 |
unless sooner terminated or discontinued in accordance with this | 3646 |
chapter. The renewal date shall be printed on the registration | 3647 |
certificate. A registration certificate may be renewed by the | 3648 |
owner in the manner prescribed by the chief. All fees shall be | 3649 |
charged according to a proration of the time remaining in the | 3650 |
registration cycle to the nearest year. | 3651 |
(C) In addition to the fees set forth in this section, the | 3652 |
chief, or any authorized agent, shall charge an additional fee of | 3653 |
three dollars for any registration certificate the chief or | 3654 |
authorized agent issues. When the registration certificate is | 3655 |
issued by an authorized agent, the additional fee of three dollars | 3656 |
shall be retained by the issuing agent. When the registration | 3657 |
certificate is issued by the chief, the additional fee of three | 3658 |
dollars shall be deposited to the credit of the waterways safety | 3659 |
fund established in section 1547.75 of the Revised Code. | 3660 |
(D)(1) Upon receipt of the application in approved form, the | 3661 |
chief shall enter the same upon the records of the office of the | 3662 |
division of watercraft, assign a number to the watercraft if a | 3663 |
number is required under section 1547.53 of the Revised Code, and | 3664 |
issue to the applicant a registration certificate. If a number is | 3665 |
assigned by the chief, it shall be set forth on the certificate. | 3666 |
The registration certificate shall be on the watercraft for which | 3667 |
it is issued and available at all times for inspection whenever | 3668 |
the watercraft is in operation, except that livery operators may | 3669 |
retain the registration certificate at the livery where it shall | 3670 |
remain available for inspection at all times and except as | 3671 |
otherwise provided in division (D)(2) of this section. | 3672 |
(2) A person who is operating on the waters of this state a | 3673 |
canoe, rowboat, or inflatable watercraft that has not been | 3674 |
numbered under section 1547.53 of the Revised Code and who is | 3675 |
stopped by a law enforcement officer in the enforcement of this | 3676 |
chapter or rules adopted under it shall present to the officer, | 3677 |
not later than seventy-two hours after being stopped, a | 3678 |
registration certificate. The registration certificate shall have | 3679 |
been obtained under this section for the canoe, rowboat, or | 3680 |
inflatable watercraft prior to the time that it was stopped. | 3681 |
Failure of the person to present the registration certificate | 3682 |
within seventy-two hours constitutes prima-facie evidence of a | 3683 |
violation of this section. | 3684 |
(E) No person shall issue or be issued a registration | 3685 |
certificate for a watercraft that is required to be issued a | 3686 |
certificate of title under Chapter 1548. of the Revised Code | 3687 |
except upon presentation of a certificate of title for the | 3688 |
watercraft as provided in that chapter, proof of current | 3689 |
documentation by the United States coast guard, a renewal | 3690 |
registration form provided by the division of watercraft, or a | 3691 |
certificate of registration issued under this section that has | 3692 |
expired if there is no change in the ownership or description of | 3693 |
the watercraft. | 3694 |
(F) Whenever the ownership of a watercraft changes, a new | 3695 |
application form together with the prescribed fee shall be filed | 3696 |
with the chief or the chief's agent and a new registration | 3697 |
certificate shall be issued. The application shall be signed | 3698 |
manually by the
person or persons
specified in | 3699 |
(A)(1)(a) to (c) of this section and shall be accompanied by a | 3700 |
two-dollar transfer fee. Any remaining time on the registration | 3701 |
shall be transferred. An authorized agent of the chief shall | 3702 |
charge an additional fee of three dollars, which shall be retained | 3703 |
by the issuing agent. If the certificate is issued by the chief, | 3704 |
an additional fee of three dollars for each certificate issued | 3705 |
shall be collected. | 3706 |
(G) If an agency of the United States has in force an overall | 3707 |
system of identification numbering for watercraft or certain types | 3708 |
of watercraft within the United States, the numbering system | 3709 |
employed by the division shall be in conformity with that system. | 3710 |
(H)(1) The chief may assign any registration certificates to | 3711 |
any authorized agent for the assignment of the registration | 3712 |
certificates. If a person accepts that authorization, the person | 3713 |
may be assigned a block of numbers and certificates that upon | 3714 |
assignment, in conformity with this chapter and Chapter 1548. of | 3715 |
the Revised Code and with rules of the division, shall be valid as | 3716 |
if assigned
directly by the division. | 3717 |
(2) Any person so designated as an agent by the chief shall | 3718 |
post with the division security as may be required by the director | 3719 |
of natural resources. | 3720 |
applies for designation as an authorized agent of the chief, the | 3721 |
division shall accept the clerk's bond that is required under | 3722 |
section 2303.02 of the Revised Code for any security that is | 3723 |
required for agents under this division. | 3724 |
(3) The chief may issue an order temporarily or permanently | 3725 |
restricting or suspending an agent's authorization without a | 3726 |
hearing if the chief finds that the agent has violated this | 3727 |
chapter or Chapter 1548. of the Revised Code, rules adopted under | 3728 |
them, or any agreements prescribed by the chief. | 3729 |
(I) All records of the division made or kept pursuant to this | 3730 |
section shall be public records. Those records shall be available | 3731 |
for inspection at reasonable hours and in a manner compatible with | 3732 |
normal operations of the division. | 3733 |
(J) The owner shall furnish the division notice within | 3734 |
fifteen days of the following: | 3735 |
(1) The transfer, other than through the creation of a | 3736 |
security interest in any watercraft, of all or any part of the | 3737 |
owner's interest or, if the watercraft is owned by two persons | 3738 |
under joint ownership with right of survivorship established under | 3739 |
section 2131.12 of the Revised Code, of all or any part of the | 3740 |
joint interest of either of the two persons. The transfer shall | 3741 |
not terminate the registration certificate. | 3742 |
(2) Any change in the address appearing on the certificate | 3743 |
3744 | |
the chief with
the owner's new address | 3745 |
(3) The destruction or abandonment of the watercraft. | 3746 |
(K) The chief may issue duplicate registration certificates | 3747 |
or duplicate tags to owners of currently registered watercraft, | 3748 |
the fee for which shall be four dollars. | 3749 |
(L) If the chief finds that a registration certificate | 3750 |
previously issued to an owner is in error to a degree that would | 3751 |
impair its basic purpose and use, the chief may issue a corrected | 3752 |
certificate to the owner without charge. | 3753 |
(M) No authorized agent shall issue and no person shall | 3754 |
receive or accept from an authorized agent a registration | 3755 |
certificate assigned to the authorized agent under division (H) of | 3756 |
this section unless the exact month, day, and year of issue are | 3757 |
plainly written on the certificate by the agent. Certificates | 3758 |
issued with incorrect dates of issue are void from the time they | 3759 |
are issued. | 3760 |
(N) The chief, in accordance with Chapter 119. of the Revised | 3761 |
Code, shall adopt rules governing the renewal of watercraft | 3762 |
registrations by electronic means. | 3763 |
(O) As used in this section: | 3764 |
(1) "Disabled veteran" means a person who is included in | 3765 |
either of the following categories: | 3766 |
(a) Because of a service-connected disability, has been or is | 3767 |
awarded funds for the purchase of a motor vehicle under the | 3768 |
"Disabled Veterans' and Servicemen's Automobile Assistance Act of | 3769 |
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; | 3770 |
(b) Has a service-connected disability rated at one hundred | 3771 |
per cent by the veterans administration. | 3772 |
(2) "Prisoner of war" means any regularly appointed, | 3773 |
enrolled, enlisted, or inducted member of the military forces of | 3774 |
the United States who was captured, separated, and incarcerated by | 3775 |
an enemy of the United States at any time, and any regularly | 3776 |
appointed, enrolled, or enlisted member of the military forces of | 3777 |
Great Britain, France, Australia, Belgium, Brazil, Canada, China, | 3778 |
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland, | 3779 |
South Africa, or the republics formerly associated with the Union | 3780 |
of Soviet Socialist Republics or Yugoslavia who was a citizen of | 3781 |
the United States at the time of the appointment, enrollment, or | 3782 |
enlistment, and was captured, separated, and incarcerated by an | 3783 |
enemy of this country during World War II. | 3784 |
(P) Any disabled veteran, congressional medal of honor | 3785 |
awardee, or prisoner of war may apply to the chief for a | 3786 |
certificate of registration, or for a renewal of the certificate | 3787 |
of registration, without the payment of any fee required by this | 3788 |
section. The application for a certificate of registration shall | 3789 |
be accompanied by evidence of disability or by documentary | 3790 |
evidence in support of a congressional medal of honor that the | 3791 |
chief requires by rule. The application for a certificate of | 3792 |
registration by any person who has been a prisoner of war shall be | 3793 |
accompanied by written evidence in the form of a record of | 3794 |
separation, a letter from one of the armed forces of a country | 3795 |
listed in division (O)(2) of this section, or other evidence that | 3796 |
the chief may require by rule, that the person was honorably | 3797 |
discharged or is currently residing in this state on active duty | 3798 |
with one of the branches of the armed forces of the United States, | 3799 |
or was a prisoner of war and was honorably discharged or received | 3800 |
an equivalent discharge or release from one of the armed forces of | 3801 |
a country listed in division (O)(2) of this section. | 3802 |
(Q) Annually by the fifteenth day of January, the director of | 3803 |
natural resources shall determine the amount of fees that would | 3804 |
have been collected in the prior calendar year for each | 3805 |
certificate of registration issued or renewed pursuant to division | 3806 |
(P) of this section and shall certify the total amount of foregone | 3807 |
revenue to the director of budget and management for | 3808 |
reimbursement. The director of budget and management shall | 3809 |
transfer the amount certified from the general revenue fund to the | 3810 |
waterways safety fund created pursuant to section 1547.75 of the | 3811 |
Revised Code. | 3812 |
Sec. 1547.541. The owner of a | 3813 |
than twenty-five years old, is essentially as originally | 3814 |
constructed, and is owned primarily as a collector's item and for | 3815 |
participation in club activities, exhibitions, tours, parades, and | 3816 |
similar uses, but is not used for general recreation may apply to | 3817 |
the chief of the division of watercraft for an historic watercraft | 3818 |
identification plate. The chief, by rule, may establish additional | 3819 |
criteria for the registration of historic watercraft that the | 3820 |
chief considers necessary. | 3821 |
The chief shall prescribe the form of application and shall | 3822 |
issue an historic watercraft identification plate, which shall be | 3823 |
securely affixed to the watercraft. The plate shall bear no date, | 3824 |
but shall bear the inscription "historic watercraft." A | 3825 |
registration number assigned by the chief shall be shown on the | 3826 |
plate. The plate is valid without renewal as long as the | 3827 |
watercraft exists and ownership does not change. The fee for the | 3828 |
plate is twenty-five dollars. | 3829 |
Whenever the ownership of an historic watercraft changes, an | 3830 |
application for transfer of registration, together with a fee of | 3831 |
ten dollars, shall be filed with the division of watercraft, and a | 3832 |
new certificate of registration shall be issued. | 3833 |
The historic watercraft identification plate shall be shown | 3834 |
on the watercraft in the same manner as a number required under | 3835 |
sections 1547.53 and 1547.57 of the Revised Code. | 3836 |
If the watercraft is to be used for general recreation, it | 3837 |
also shall be registered as required by section 1547.54 of the | 3838 |
Revised Code. | 3839 |
Sec. 1547.75. There is hereby created in the state treasury | 3840 |
the waterways safety fund for the purposes provided in this | 3841 |
chapter and Chapter 1548. of the Revised Code. All moneys | 3842 |
collected or received to implement the chapters shall be deposited | 3843 |
in the state treasury to the credit of the fund. All fines, | 3844 |
penalties, and forfeitures arising from prosecutions, convictions, | 3845 |
confiscations, or other actions commenced under this chapter shall | 3846 |
be deposited in the state treasury to the credit of the fund. | 3847 |
Sec. 1547.99. (A) Whoever violates section 1547.91 of the | 3848 |
Revised Code is guilty of a felony of the fourth degree. | 3849 |
(B) Whoever violates division (F) of section 1547.08, section | 3850 |
1547.10, division (I) of section 1547.111, section 1547.13, or | 3851 |
section 1547.66 of the Revised Code is guilty of a misdemeanor of | 3852 |
the first degree. | 3853 |
(C) Whoever violates a provision of this chapter or a rule | 3854 |
adopted thereunder, for which no penalty is otherwise provided, is | 3855 |
guilty of a minor misdemeanor. | 3856 |
(D) Whoever violates section 1547.07 or 1547.12 of the | 3857 |
Revised Code without causing injury to persons or damage to | 3858 |
property is guilty of a misdemeanor of the fourth degree. | 3859 |
(E) Whoever violates section 1547.07 or 1547.12 of the | 3860 |
Revised Code causing injury to persons or damage to property is | 3861 |
guilty of a misdemeanor of the third degree. | 3862 |
(F) Whoever violates division (M) of section 1547.54, | 3863 |
division (G) of section 1547.30, or section 1547.131, 1547.25, | 3864 |
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92 | 3865 |
of the Revised Code or a rule adopted under division (A)(2) of | 3866 |
section 1547.52 of the Revised Code is guilty of a misdemeanor of | 3867 |
the fourth degree. | 3868 |
(G) Whoever violates section 1547.11 of the Revised Code is | 3869 |
guilty of a misdemeanor of the first degree and shall be punished | 3870 |
as provided in division (G)(1), (2), or (3) of this section. | 3871 |
(1) Except as otherwise provided in division (G)(2) or (3) of | 3872 |
this section, the court shall sentence the offender to a jail term | 3873 |
of three consecutive days and may sentence the offender pursuant | 3874 |
to section 2929.24 of the Revised Code to a longer jail term. In | 3875 |
addition, the court shall impose upon the offender a fine of not | 3876 |
less than one hundred fifty nor more than one thousand dollars. | 3877 |
The court may suspend the execution of the mandatory jail | 3878 |
term of three consecutive days that it is required to impose by | 3879 |
division (G)(1) of this section if the court, in lieu of the | 3880 |
suspended jail term, places the offender under a community control | 3881 |
sanction pursuant to section 2929.25 of the Revised Code and | 3882 |
requires the offender to attend, for three consecutive days, a | 3883 |
drivers' intervention program that is certified pursuant to | 3884 |
section 3793.10 of the Revised Code. The court also may suspend | 3885 |
the execution of any part of the mandatory jail term of three | 3886 |
consecutive days that it is required to impose by division (G)(1) | 3887 |
of this section if the court places the offender under a community | 3888 |
control sanction pursuant to section 2929.25 of the Revised Code | 3889 |
for part of the three consecutive days; requires the offender to | 3890 |
attend, for that part of the three consecutive days, a drivers' | 3891 |
intervention program that is certified pursuant to section 3793.10 | 3892 |
of the Revised Code; and sentences the offender to a jail term | 3893 |
equal to the remainder of the three consecutive days that the | 3894 |
offender does not spend attending the drivers' intervention | 3895 |
program. The court may require the offender, as a condition of | 3896 |
community control, to attend and satisfactorily complete any | 3897 |
treatment or education programs, in addition to the required | 3898 |
attendance at a drivers' intervention program, that the operators | 3899 |
of the drivers' intervention program determine that the offender | 3900 |
should attend and to report periodically to the court on the | 3901 |
offender's progress in the programs. The court also may impose any | 3902 |
other conditions of community control on the offender that it | 3903 |
considers necessary. | 3904 |
(2) If, within six years of the offense, the offender has | 3905 |
been convicted of or pleaded guilty to one violation of section | 3906 |
1547.11 of the Revised Code, of a municipal ordinance relating to | 3907 |
operating a watercraft or manipulating any water skis, aquaplane, | 3908 |
or similar device while under the influence of alcohol, a drug of | 3909 |
abuse, or a combination of them, of a municipal ordinance relating | 3910 |
to operating a watercraft or manipulating any water skis, | 3911 |
aquaplane, or similar device with a prohibited concentration of | 3912 |
alcohol in the whole blood, blood serum or plasma, breath, or | 3913 |
urine, of division (A)(1) of section 2903.06 of the Revised Code, | 3914 |
or of division (A)(2), (3), or (4) of section 2903.06 of the | 3915 |
Revised Code or section 2903.06 or 2903.07 of the Revised Code as | 3916 |
they existed prior to March 23, 2000, in a case in which the jury | 3917 |
or judge found that the offender was under the influence of | 3918 |
alcohol, a drug of abuse, or a combination of them, the court | 3919 |
shall sentence the offender to a jail term of ten consecutive days | 3920 |
and may sentence the offender pursuant to section 2929.24 of the | 3921 |
Revised Code to a longer jail term. In addition, the court shall | 3922 |
impose upon the offender a fine of not less than one hundred fifty | 3923 |
nor more than one thousand dollars. | 3924 |
In addition to any other sentence that it imposes upon the | 3925 |
offender, the court may require the offender to attend a drivers' | 3926 |
intervention program that is certified pursuant to section 3793.10 | 3927 |
of the Revised Code. | 3928 |
(3) If, within six years of the offense, the offender has | 3929 |
been convicted of or pleaded guilty to more than one violation | 3930 |
identified in division (G)(2) of this section, the court shall | 3931 |
sentence the offender to a jail term of thirty consecutive days | 3932 |
and may sentence the offender to a longer jail term of not more | 3933 |
than one year. In addition, the court shall impose upon the | 3934 |
offender a fine of not less than one hundred fifty nor more than | 3935 |
one thousand dollars. | 3936 |
In addition to any other sentence that it imposes upon the | 3937 |
offender, the court may require the offender to attend a drivers' | 3938 |
intervention program that is certified pursuant to section 3793.10 | 3939 |
of the Revised Code. | 3940 |
(4) Upon a showing that serving a jail term would seriously | 3941 |
affect the ability of an offender sentenced pursuant to division | 3942 |
(G)(1), (2), or (3) of this section to continue the offender's | 3943 |
employment, the court may authorize that the offender be granted | 3944 |
work release after the offender has served the mandatory jail term | 3945 |
of three, ten, or thirty consecutive days that the court is | 3946 |
required by division (G)(1), (2), or (3) of this section to | 3947 |
impose. No court shall authorize work release during the mandatory | 3948 |
jail term of three, ten, or thirty consecutive days that the court | 3949 |
is required by division (G)(1), (2), or (3) of this section to | 3950 |
impose. The duration of the work release shall not exceed the time | 3951 |
necessary each day for the offender to commute to and from the | 3952 |
place of employment and the place in which the jail term is served | 3953 |
and the time actually spent under employment. | 3954 |
(5) Notwithstanding any section of the Revised Code that | 3955 |
authorizes the suspension of the imposition or execution of a | 3956 |
sentence or the placement of an offender in any treatment program | 3957 |
in lieu of being imprisoned or serving a jail term, no court shall | 3958 |
suspend the mandatory jail term of ten or thirty consecutive days | 3959 |
required to be imposed by division (G)(2) or (3) of this section | 3960 |
or place an offender who is sentenced pursuant to division (G)(2) | 3961 |
or (3) of this section in any treatment program in lieu of being | 3962 |
imprisoned or serving a jail term until after the offender has | 3963 |
served the mandatory jail term of ten or thirty consecutive days | 3964 |
required to be imposed pursuant to division (G)(2) or (3) of this | 3965 |
section. Notwithstanding any section of the Revised Code that | 3966 |
authorizes the suspension of the imposition or execution of a | 3967 |
sentence or the placement of an offender in any treatment program | 3968 |
in lieu of being imprisoned or serving a jail term, no court, | 3969 |
except as specifically authorized by division (G)(1) of this | 3970 |
section, shall suspend the mandatory jail term of three | 3971 |
consecutive days required to be imposed by division (G)(1) of this | 3972 |
section or place an offender who is sentenced pursuant to division | 3973 |
(G)(1) of this section in any treatment program in lieu of | 3974 |
imprisonment until after the offender has served the mandatory | 3975 |
jail term of three consecutive days required to be imposed | 3976 |
pursuant to division (G)(1) of this section. | 3977 |
(6) As used in division (G) of this section, "jail term" and | 3978 |
"mandatory jail term" have the same meanings as in section 2929.01 | 3979 |
of the Revised Code. | 3980 |
(H) Whoever violates section 1547.304 of the Revised Code is | 3981 |
guilty of a misdemeanor of the fourth degree and also shall be | 3982 |
assessed any costs incurred by the state or a county, township, | 3983 |
municipal corporation, or other political subdivision in disposing | 3984 |
of an abandoned junk vessel or outboard motor, less any money | 3985 |
accruing to the state, county, township, municipal corporation, or | 3986 |
other political subdivision from that disposal. | 3987 |
(I) Whoever violates division (B) or (C) of section 1547.49 | 3988 |
of the Revised Code is guilty of a minor misdemeanor. | 3989 |
(J) Whoever violates section 1547.31 of the Revised Code is | 3990 |
guilty of a misdemeanor of the fourth degree on a first offense. | 3991 |
On each subsequent offense, the person is guilty of a misdemeanor | 3992 |
of the third degree. | 3993 |
(K) Whoever violates section 1547.05 or 1547.051 of the | 3994 |
Revised Code is guilty of a misdemeanor of the fourth degree if | 3995 |
the violation is not related to a collision, injury to a person, | 3996 |
or damage to property and a misdemeanor of the third degree if the | 3997 |
violation is related to a collision, injury to a person, or damage | 3998 |
to property. | 3999 |
(L) The sentencing court, in addition to the penalty provided | 4000 |
under this section for a violation of this chapter or a rule | 4001 |
adopted under it that involves a powercraft powered by more than | 4002 |
ten horsepower and that, in the opinion of the court, involves a | 4003 |
threat to the safety of persons or property, shall order the | 4004 |
offender to complete successfully a boating course approved by the | 4005 |
national association of state boating law administrators before | 4006 |
the offender is allowed to operate a powercraft powered by more | 4007 |
than ten horsepower on the waters in this state. Violation of a | 4008 |
court order entered under this division is punishable as contempt | 4009 |
under Chapter 2705. of the Revised Code. | 4010 |
Sec. 1548.02. The chief of the division of watercraft shall | 4011 |
adopt such rules as the chief considers necessary to ensure | 4012 |
uniform and orderly operation of this chapter, and the clerks of | 4013 |
the courts of common pleas shall conform to those rules. The chief | 4014 |
shall receive and file in the chief's office all information | 4015 |
forwarded to the chief by the clerks under this chapter and shall | 4016 |
maintain indexes covering the state at large for that information. | 4017 |
These indexes shall be for the state at large and not for | 4018 |
individual counties. | 4019 |
The chief shall check with the chief's record all duplicate | 4020 |
certificates of title received in the chief's office from the | 4021 |
clerks. | 4022 |
If it appears that any certificate of title has been | 4023 |
improperly issued or is no longer required, the chief shall cancel | 4024 |
the certificate. Upon the cancellation of any certificate of | 4025 |
title, the chief shall notify the clerk who issued it, and the | 4026 |
clerk shall enter the cancellation in the clerk's records. The | 4027 |
chief also shall notify the person to whom the certificate of | 4028 |
title was issued, as well as any lienholders appearing on it, of | 4029 |
the cancellation and, if it is a physical certificate of title, | 4030 |
shall demand the surrender of the certificate of title, but the | 4031 |
cancellation shall not affect the validity of any lien noted on | 4032 |
it. The holder of a physical certificate of title shall return it | 4033 |
to the chief immediately. | 4034 |
The clerks shall keep on hand a sufficient supply of blank | 4035 |
forms that, except certificate of title and memorandum certificate | 4036 |
forms, shall be furnished and distributed without charge to | 4037 |
registered manufacturers or dealers or to other persons residing | 4038 |
within the county. The clerks shall provide the certificates of | 4039 |
title, the ribbons for data processing, and removable backup media | 4040 |
from moneys provided to the clerks from the automated title | 4041 |
processing fund in accordance with division (B)(3)(b) of section | 4042 |
4505.09 of the Revised Code. The clerks shall furnish all other | 4043 |
supplies from other moneys available to the clerks. | 4044 |
Sec. 2923.35. (A)(1) With respect to property ordered | 4045 |
forfeited under section 2923.32 of the Revised Code, with respect | 4046 |
to any fine or civil penalty imposed in any criminal or civil | 4047 |
proceeding under section 2923.32 or 2923.34 of the Revised Code, | 4048 |
and with respect to any fine imposed for a violation of section | 4049 |
2923.01 of the Revised Code for conspiracy to violate section | 4050 |
2923.32 of the Revised Code, the court, upon petition of the | 4051 |
prosecuting attorney, may do any of the following: | 4052 |
(a) Authorize the prosecuting attorney to settle claims; | 4053 |
(b) Award compensation to persons who provide information | 4054 |
that results in a forfeiture, fine, or civil penalty under section | 4055 |
2923.32 or 2923.34 of the Revised Code; | 4056 |
(c) Grant petitions for mitigation or remission of | 4057 |
forfeiture, fines, or civil penalties, or restore forfeited | 4058 |
property, imposed fines, or imposed civil penalties to persons | 4059 |
injured by the violation; | 4060 |
(d) Take any other action to protect the rights of innocent | 4061 |
persons that is in the interest of justice and that is consistent | 4062 |
with the purposes of sections 2923.31 to 2923.36 of the Revised | 4063 |
Code. | 4064 |
(2) The court shall maintain an accurate record of the | 4065 |
actions it takes under division (A)(1) of this section with | 4066 |
respect to the property ordered forfeited or the fine or civil | 4067 |
penalty. The record is a public record open for inspection under | 4068 |
section 149.43 of the Revised Code. | 4069 |
(B)(1) After the application of division (A) of this section, | 4070 |
any person who prevails in a civil action pursuant to section | 4071 |
2923.34 of the Revised Code has a right to any property, or the | 4072 |
proceeds of any property, criminally forfeited to the state | 4073 |
pursuant to section 2923.32 of the Revised Code or against which | 4074 |
any fine under that section or civil penalty under division (I) of | 4075 |
section 2923.34 of the Revised Code may be imposed. | 4076 |
The right of any person who prevails in a civil action | 4077 |
pursuant to section 2923.34 of the Revised Code, other than a | 4078 |
prosecuting attorney performing official duties under that | 4079 |
section, to forfeited property, property against which fines and | 4080 |
civil penalties may be imposed, and the proceeds of that property | 4081 |
is superior to any right of the state, a municipal corporation, or | 4082 |
a county to the property or the proceeds of the property, if the | 4083 |
civil action is brought within one hundred eighty days after the | 4084 |
entry of a sentence of forfeiture or a fine pursuant to section | 4085 |
2923.32 of the Revised Code or the entry of a civil penalty | 4086 |
pursuant to division (I) of section 2923.34 of the Revised Code. | 4087 |
The right is limited to the total value of the treble | 4088 |
damages, civil penalties, attorney's fees, and costs awarded to | 4089 |
the prevailing party in an action pursuant to section 2923.34 of | 4090 |
the Revised Code, less any restitution received by the person. | 4091 |
(2) If the aggregate amount of claims of persons who have | 4092 |
prevailed in a civil action pursuant to section 2923.34 of the | 4093 |
Revised Code against any one defendant is greater than the total | 4094 |
value of the treble fines, civil penalties, and forfeited property | 4095 |
paid by the person against whom the actions were brought, all of | 4096 |
the persons who brought their actions within one hundred eighty | 4097 |
days after the entry of a sentence or disposition of forfeiture or | 4098 |
a fine pursuant to section 2923.32 of the Revised Code or the | 4099 |
entry of a civil penalty pursuant to division (I) of section | 4100 |
2923.34 of the Revised Code, first shall receive a pro rata share | 4101 |
of the total amount of the fines, civil penalties, and forfeited | 4102 |
property. After the persons who brought their actions within the | 4103 |
specified one-hundred-eighty-day period have satisfied their | 4104 |
claims out of the fines, civil penalties, and forfeited property, | 4105 |
all other persons who prevailed in civil actions pursuant to | 4106 |
section 2923.34 of the Revised Code shall receive a pro rata share | 4107 |
of the total amount of the fines, civil penalties, and forfeited | 4108 |
property that remains in the custody of the law enforcement agency | 4109 |
or in the corrupt activity investigation and prosecution fund. | 4110 |
(C)(1) Subject to divisions (A) and (B) of this section and | 4111 |
notwithstanding any contrary provision of section 2933.41 of the | 4112 |
Revised Code, the prosecuting attorney shall order the disposal of | 4113 |
property ordered forfeited in any proceeding under sections | 4114 |
2923.32 and 2923.34 of the Revised Code as soon as feasible, | 4115 |
making due provisions for the rights of innocent persons, by any | 4116 |
of the following methods: | 4117 |
(a) Transfer to any person who prevails in a civil action | 4118 |
pursuant to section 2923.34 of the Revised Code, subject to the | 4119 |
limit set forth in division (B)(1) of this section; | 4120 |
(b) Public sale; | 4121 |
(c) Transfer to a state governmental agency for official use; | 4122 |
(d) Sale or transfer to an innocent person; | 4123 |
(e) If the property is contraband and is not needed for | 4124 |
evidence in any pending criminal or civil proceeding, pursuant to | 4125 |
section 2933.41 or any other applicable section of the Revised | 4126 |
Code. | 4127 |
(2) Any interest in personal or real property not disposed of | 4128 |
pursuant to this division and not exercisable by, or transferable | 4129 |
for value to, the state shall expire and shall not revert to the | 4130 |
person found guilty of or adjudicated a delinquent child for a | 4131 |
violation of section 2923.32 of the Revised Code. No person found | 4132 |
guilty of or adjudicated a delinquent child for a violation of | 4133 |
that section and no person acting in concert with a person found | 4134 |
guilty of or adjudicated a delinquent child for a violation of | 4135 |
that section is eligible to purchase forfeited property from the | 4136 |
state. | 4137 |
(3) Upon application of a person, other than the defendant, | 4138 |
the adjudicated delinquent child, or a person acting in concert | 4139 |
with or on behalf of either the defendant or the adjudicated | 4140 |
delinquent child, the court may restrain or stay the disposal of | 4141 |
the property pursuant to this division pending the conclusion of | 4142 |
any appeal of the criminal case or delinquency case giving rise to | 4143 |
the forfeiture or pending the determination of the validity of a | 4144 |
claim to or interest in the property pursuant to division (E) of | 4145 |
section 2923.32 of the Revised Code, if the applicant demonstrates | 4146 |
that proceeding with the disposal of the property will result in | 4147 |
irreparable injury, harm, or loss to the applicant. | 4148 |
(4) The prosecuting attorney shall maintain an accurate | 4149 |
record of each item of property disposed of pursuant to this | 4150 |
division, which record shall include the date on which each item | 4151 |
came into the prosecuting attorney's custody, the manner and date | 4152 |
of disposition, and, if applicable, the name of the person who | 4153 |
received the item. The record shall not identify or enable the | 4154 |
identification of the individual officer who seized the property, | 4155 |
and the record is a public record open for inspection under | 4156 |
section 149.43 of the Revised Code. | 4157 |
Each prosecuting attorney who disposes in any calendar year | 4158 |
of any item of property pursuant to this division shall prepare a | 4159 |
report covering the calendar year that cumulates all of the | 4160 |
information contained in all of the records kept by the | 4161 |
prosecuting attorney pursuant to this division for that calendar | 4162 |
year and shall send the cumulative report, no later than the first | 4163 |
day of March in the calendar year following the calendar year | 4164 |
covered by the report, to the attorney general. Each report | 4165 |
received by the attorney general is a public record open for | 4166 |
inspection under section 149.43 of the Revised Code. Not later | 4167 |
than the fifteenth day of April in the calendar year following the | 4168 |
calendar year covered by the reports, the attorney general shall | 4169 |
send to the president of the senate and the speaker of the house | 4170 |
of representatives a written notification that does all of the | 4171 |
following: | 4172 |
(a) Indicates that the attorney general has received from | 4173 |
prosecuting attorneys reports of the type described in this | 4174 |
division that cover the previous calendar year and indicates that | 4175 |
the reports were received under this division; | 4176 |
(b) Indicates that the reports are open for inspection under | 4177 |
section 149.43 of the Revised Code; | 4178 |
(c) Indicates that the attorney general will provide a copy | 4179 |
of any or all of the reports to the president of the senate or the | 4180 |
speaker of the house of representatives upon request. | 4181 |
(D)(1)(a) Ten per cent of the proceeds of all property | 4182 |
ordered forfeited by a juvenile court pursuant to section 2923.32 | 4183 |
of the Revised Code shall be applied to one or more alcohol and | 4184 |
drug addiction treatment programs that are certified by the | 4185 |
department of alcohol and drug addiction services under section | 4186 |
3793.06 of the Revised Code and that are specified in the order of | 4187 |
forfeiture. A juvenile court shall not specify an alcohol or drug | 4188 |
addiction treatment program in the order of forfeiture unless the | 4189 |
program is a certified alcohol and drug addiction treatment | 4190 |
program and, except as provided in division (D)(1)(a) of this | 4191 |
section, unless the program is located in the county in which the | 4192 |
court that orders the forfeiture is located or in a contiguous | 4193 |
county. If no certified alcohol and drug addiction treatment | 4194 |
program is located in any of those counties, the juvenile court | 4195 |
may specify in the order a certified alcohol and drug addiction | 4196 |
treatment program located anywhere within this state. The | 4197 |
remaining ninety per cent of the proceeds shall be disposed of as | 4198 |
provided in divisions
(D)(1)(b) and | 4199 |
All of the proceeds of all property ordered forfeited by a | 4200 |
court other than a juvenile court pursuant to section 2923.32 of | 4201 |
the Revised Code shall be disposed of as provided in divisions | 4202 |
(D)(1)(b) and | 4203 |
(b) The remaining proceeds of all property ordered forfeited | 4204 |
pursuant to section 2923.32 of the Revised Code, after compliance | 4205 |
with division (D)(1)(a) of this section when that division is | 4206 |
applicable, and all fines and civil penalties imposed pursuant to | 4207 |
sections 2923.32 and 2923.34 of the Revised Code shall be | 4208 |
deposited into the state treasury and credited to the corrupt | 4209 |
activity investigation and prosecution fund, which is hereby | 4210 |
created. | 4211 |
(2) The proceeds, fines, and penalties credited to the | 4212 |
corrupt activity investigation and prosecution fund pursuant to | 4213 |
division (D)(1) of this section shall be disposed of in the | 4214 |
following order: | 4215 |
(a) To a civil plaintiff in an action brought within the | 4216 |
one-hundred-eighty-day time period specified in division (B)(1) of | 4217 |
this section, subject to the limit set forth in that division; | 4218 |
(b) To the payment of the fees and costs of the forfeiture | 4219 |
and sale, including expenses of seizure, maintenance, and custody | 4220 |
of the property pending its disposition, advertising, and court | 4221 |
costs; | 4222 |
(c) Except as otherwise provided in division (D)(2)(c) of | 4223 |
this section, the remainder shall be paid to the law enforcement | 4224 |
trust fund of the prosecuting attorney that is established | 4225 |
pursuant to division (D)(1)(c) of section 2933.43 of the Revised | 4226 |
Code and to the law enforcement trust fund of the county sheriff | 4227 |
that is established pursuant to that division if the county | 4228 |
sheriff substantially conducted the investigation, to the law | 4229 |
enforcement trust fund of a municipal corporation that is | 4230 |
established pursuant to that division if its police department | 4231 |
substantially conducted the investigation, to the law enforcement | 4232 |
trust fund of a township that is established pursuant to that | 4233 |
division if the investigation was substantially conducted by a | 4234 |
township police department, township police district police force, | 4235 |
or office of a township constable, or to the law enforcement trust | 4236 |
fund of a park district created pursuant to section 511.18 or | 4237 |
1545.01 of the Revised Code that is established pursuant to that | 4238 |
division if the investigation was substantially conducted by its | 4239 |
park district police force or law enforcement department. The | 4240 |
prosecuting attorney may decline to accept any of the remaining | 4241 |
proceeds, fines, and penalties, and, if the prosecuting attorney | 4242 |
so declines, they shall be applied to the fund described in | 4243 |
division (D)(2)(c) of this section that relates to the appropriate | 4244 |
law enforcement agency that substantially conducted the | 4245 |
investigation. | 4246 |
If the state highway patrol substantially conducted the | 4247 |
investigation, the director of budget and management shall | 4248 |
transfer the remaining proceeds, fines, and penalties to the state | 4249 |
highway patrol for deposit into the highway patrol state | 4250 |
contraband, forfeiture, and other fund that is created by division | 4251 |
(D)(1)(c) of section 2933.43 of the Revised Code. If the division | 4252 |
of forestry in the department of natural resources substantially | 4253 |
conducted the investigation, the director shall transfer the | 4254 |
remaining proceeds to the division for deposit into the state | 4255 |
forest fund created in section 1503.05 of the Revised Code. If the | 4256 |
division of natural areas and preserves in that department | 4257 |
substantially conducted the investigation, the director shall | 4258 |
transfer the remaining proceeds to the division for deposit into | 4259 |
the natural areas and preserves fund created in section 1517.11 of | 4260 |
the Revised Code. If the division of wildlife in that department | 4261 |
substantially conducted the investigation, the director shall | 4262 |
transfer the remaining proceeds to the division for deposit into | 4263 |
the wildlife fund created in section 1531.17 of the Revised Code. | 4264 |
If the division of parks and recreation in that department | 4265 |
substantially conducted the investigation, the director shall | 4266 |
transfer the remaining proceeds to the division for deposit into | 4267 |
the state park fund created in section 1541.22 of the Revised | 4268 |
Code. If the division of watercraft in that department | 4269 |
substantially conducted the investigation, the director shall | 4270 |
transfer the remaining proceeds to the division for deposit into | 4271 |
the waterways safety fund created in section 1547.75 of the | 4272 |
Revised Code. If the department of taxation substantially | 4273 |
conducted the investigation, the director shall transfer the | 4274 |
remaining proceeds, fines, and penalties to the department for | 4275 |
deposit into the department of taxation enforcement fund. If the | 4276 |
state board of pharmacy substantially conducted the investigation, | 4277 |
the director shall transfer the remaining proceeds, fines, and | 4278 |
penalties to the board for deposit into the board of pharmacy drug | 4279 |
law enforcement fund that is created by division (B)(1) of section | 4280 |
4729.65 of the Revised Code. If a state law enforcement agency, | 4281 |
other than the state highway patrol, the division of forestry, | 4282 |
natural areas and preserves, wildlife, parks and recreation, or | 4283 |
watercraft in the department of natural resources, the department | 4284 |
of taxation, or the state board of pharmacy, substantially | 4285 |
conducted the investigation, the director shall transfer the | 4286 |
remaining proceeds, fines, and penalties to the treasurer of state | 4287 |
for deposit into the peace officer training commission fund. | 4288 |
The remaining proceeds, fines, and penalties that are paid to | 4289 |
a law enforcement trust fund or that are deposited into the | 4290 |
highway patrol state contraband, forfeiture, and other fund | 4291 |
state forest fund; the natural areas and preserves fund; the | 4292 |
wildlife fund; the state park fund; the waterways safety fund; the | 4293 |
department of taxation enforcement fund | 4294 |
drug law enforcement fund | 4295 |
commission fund pursuant to division (D)(2)(c) of this section | 4296 |
shall be allocated, used, and expended only in accordance with | 4297 |
division (D)(1)(c) of section 2933.43 of the Revised Code, only in | 4298 |
accordance with a written internal control policy adopted under | 4299 |
division (D)(3) of that section, and, if applicable, only in | 4300 |
accordance with division (B) of section 4729.65 of the Revised | 4301 |
Code. The annual reports that pertain to the funds and that are | 4302 |
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of | 4303 |
the Revised Code also shall address the remaining proceeds, fines, | 4304 |
and penalties that are paid or deposited into the funds pursuant | 4305 |
to division (D)(2)(c) of this section. | 4306 |
(3) If more than one law enforcement agency substantially | 4307 |
conducted the investigation, the court ordering the forfeiture | 4308 |
shall equitably divide the remaining proceeds, fines, and | 4309 |
penalties among the law enforcement agencies that substantially | 4310 |
conducted the investigation, in the manner described in division | 4311 |
(D)(2) of section 2933.43 of the Revised Code for the equitable | 4312 |
division of contraband proceeds and forfeited moneys. The | 4313 |
equitable shares of the proceeds, fines, and penalties so | 4314 |
determined by the court shall be paid or deposited into the | 4315 |
appropriate funds specified in division (D)(2)(c) of this section. | 4316 |
(E) As used in this section, "law enforcement agency" | 4317 |
includes, but is not limited to, the state board of pharmacy and | 4318 |
the department of taxation. | 4319 |
Sec. 2933.43. (A)(1) Except as provided in this division or | 4320 |
in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to | 4321 |
2925.45 of the Revised Code, a law enforcement officer shall seize | 4322 |
any contraband that has been, is being, or is intended to be used | 4323 |
in violation of division (A) of section 2933.42 of the Revised | 4324 |
Code. A law enforcement officer shall seize contraband that is a | 4325 |
watercraft, motor vehicle, or aircraft and that has been, is | 4326 |
being, or is intended to be used in violation of division (A) of | 4327 |
section 2933.42 of the Revised Code only if the watercraft, motor | 4328 |
vehicle, or aircraft is contraband because of its relationship to | 4329 |
an underlying criminal offense that is a felony. | 4330 |
Additionally, a law enforcement officer shall seize any | 4331 |
watercraft, motor vehicle, aircraft, or other personal property | 4332 |
that is classified as contraband under division (B) of section | 4333 |
2933.42 of the Revised Code if the underlying offense involved in | 4334 |
the violation of division (A) of that section that resulted in the | 4335 |
watercraft, motor vehicle, aircraft, or personal property being | 4336 |
classified as contraband, is a felony. | 4337 |
(2) If a law enforcement officer seizes property that is | 4338 |
titled or registered under law, including a motor vehicle, | 4339 |
pursuant to division (A)(1) of this section, the officer or the | 4340 |
officer's employing law enforcement agency shall notify the owner | 4341 |
of the seizure. The notification shall be given to the owner at | 4342 |
the owner's last known address within seventy-two hours after the | 4343 |
seizure, and may be given orally by any means, including | 4344 |
telephone, or by certified mail, return receipt requested. | 4345 |
If the officer or the officer's agency is unable to provide | 4346 |
the notice required by this division despite reasonable, good | 4347 |
faith efforts to do so, the exercise of the reasonable, good faith | 4348 |
efforts constitutes fulfillment of the notice requirement imposed | 4349 |
by this division. | 4350 |
(B)(1) A motor vehicle seized pursuant to division (A)(1) of | 4351 |
this section and the contents of the vehicle may be retained for a | 4352 |
reasonable period of time, not to exceed seventy-two hours, for | 4353 |
the purpose of inspection, investigation, and the gathering of | 4354 |
evidence of any offense or illegal use. | 4355 |
At any time prior to the expiration of the seventy-two-hour | 4356 |
period, the law enforcement agency that seized the motor vehicle | 4357 |
may petition the court of common pleas of the county that has | 4358 |
jurisdiction over the underlying criminal case or administrative | 4359 |
proceeding involved in the forfeiture for an extension of the | 4360 |
seventy-two-hour period if the motor vehicle or its contents are | 4361 |
needed as evidence or if additional time is needed for the | 4362 |
inspection, investigation, or gathering of evidence. Upon the | 4363 |
filing of such a petition, the court immediately shall schedule a | 4364 |
hearing to be held at a time as soon as possible after the filing, | 4365 |
but in no event at a time later than the end of the next business | 4366 |
day subsequent to the day on which the petition was filed, and | 4367 |
upon scheduling the hearing, immediately shall notify the owner of | 4368 |
the vehicle, at the address at which notification of the seizure | 4369 |
was provided under division (A) of this section, of the date, | 4370 |
time, and place of the hearing. If the court, at the hearing, | 4371 |
determines that the vehicle or its contents, or both, are needed | 4372 |
as evidence or that additional time is needed for the inspection, | 4373 |
investigation, or gathering of evidence, the court may grant the | 4374 |
petition and issue an order authorizing the retention of the | 4375 |
vehicle or its contents, or both, for an extended period as | 4376 |
specified by the court in its order. An order extending a period | 4377 |
of retention issued under this division may be renewed. | 4378 |
If no petition for the extension of the initial | 4379 |
seventy-two-hour period has been filed, prior to the expiration of | 4380 |
that period, under this division, if the vehicle was not in the | 4381 |
custody and control of the owner at the time of its seizure, and | 4382 |
if, at the end of that seventy-two-hour period, the owner of the | 4383 |
vehicle has not been charged with an offense or administrative | 4384 |
violation that includes the use of the vehicle as an element and | 4385 |
has not been charged with any other offense or administrative | 4386 |
violation in the actual commission of which the motor vehicle was | 4387 |
used, the vehicle and its contents shall be released to its owner | 4388 |
or the owner's agent, provided that the law enforcement agency | 4389 |
that seized the vehicle may require proof of ownership of the | 4390 |
vehicle, proof of ownership or legal possession of the contents, | 4391 |
and an affidavit of the owner that the owner neither knew of nor | 4392 |
expressly or impliedly consented to the use of the vehicle that | 4393 |
resulted in its forfeiture as conditions precedent to release. If | 4394 |
a petition for the extension of the initial seventy-two-hour | 4395 |
period has been filed, prior to the expiration of that period, | 4396 |
under this division but the court does not grant the petition, if | 4397 |
the vehicle was not in the custody and control of the owner at the | 4398 |
time of its seizure, and if, at the end of that seventy-two-hour | 4399 |
period, the owner of the vehicle has not been charged with an | 4400 |
offense or administrative violation that includes the use of the | 4401 |
vehicle as an element and has not been charged with any other | 4402 |
offense or administrative violation in the actual commission of | 4403 |
which the motor vehicle was used, the vehicle and its contents | 4404 |
shall be released to its owner or the owner's agent, provided that | 4405 |
the court may require the proof and affidavit described in the | 4406 |
preceding sentence as conditions precedent to release. If the | 4407 |
initial seventy-two-hour period has been extended under this | 4408 |
division, the vehicle and its contents to which the extension | 4409 |
applies may be retained in accordance with the extension order. | 4410 |
If, at the end of that extended period, the owner of the vehicle | 4411 |
has not been charged with an offense or administrative violation | 4412 |
that includes the use of the vehicle as an element and has not | 4413 |
been charged with any other offense or administrative violation in | 4414 |
the actual commission of which the motor vehicle was used, and if | 4415 |
the vehicle was not in the custody and control of the owner at the | 4416 |
time of its seizure, the vehicle and its contents shall be | 4417 |
released to its owner or the owner's agent, provided that the | 4418 |
court may require the proof and affidavit described in the third | 4419 |
preceding sentence as conditions precedent to release. In cases in | 4420 |
which the court may require proof and affidavits as conditions | 4421 |
precedent to release, the court also may require the posting of a | 4422 |
bond, with sufficient sureties approved by the court, in an amount | 4423 |
equal to the value of the property to be released, as determined | 4424 |
by the court, and conditioned upon the return of the property to | 4425 |
the court if it is forfeited under this section, as a further | 4426 |
condition to release. If, at the end of the initial | 4427 |
seventy-two-hour period or at the end of any extended period | 4428 |
granted under this section, the owner has been charged with an | 4429 |
offense or administrative violation that includes the use of the | 4430 |
vehicle as an element or has been charged with another offense or | 4431 |
administrative violation in the actual commission of which the | 4432 |
motor vehicle was used, or if the vehicle was in the custody and | 4433 |
control of the owner at the time of its seizure, the vehicle and | 4434 |
its contents shall be retained pending disposition of the charge, | 4435 |
provided that upon the filing of a motion for release by the | 4436 |
owner, if the court determines that the motor vehicle or its | 4437 |
contents, or both, are not needed as evidence in the underlying | 4438 |
criminal case or administrative proceeding, the court may permit | 4439 |
the release of the property that is not needed as evidence to the | 4440 |
owner; as a condition precedent to a release of that nature, the | 4441 |
court may require the owner to execute a bond with the court. Any | 4442 |
bond so required shall be in an amount equal to the value of the | 4443 |
property to be released, as determined by the court, shall have | 4444 |
sufficient sureties approved by the court, and shall be | 4445 |
conditioned upon the return of the property to the court to which | 4446 |
it is forfeited under this section. | 4447 |
The final disposition of a motor vehicle seized pursuant to | 4448 |
division (A)(1) of this section shall be determined in accordance | 4449 |
with division (C) of this section. | 4450 |
(2) Pending a hearing pursuant to division (C) of this | 4451 |
section, and subject to divisions (B)(1) and (C) of this section, | 4452 |
any property lawfully seized pursuant to division (A) of this | 4453 |
section because it was contraband of a type described in division | 4454 |
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section | 4455 |
2901.01 of the Revised Code shall not be subject to replevin or | 4456 |
other action in any court and shall not be subject to release upon | 4457 |
request of the owner, and no judgment shall be enforced against | 4458 |
the property. Pending the hearing, and subject to divisions (B)(1) | 4459 |
and (C) of this section, the property shall be kept in the custody | 4460 |
of the law enforcement agency responsible for its seizure. | 4461 |
Pending a hearing pursuant to division (C) of this section, | 4462 |
and notwithstanding any provisions of division (B)(1) or (C) of | 4463 |
this section to the contrary, any property lawfully seized | 4464 |
pursuant to division (A) of this section because it was contraband | 4465 |
of a type described in division (A)(13)(a) or (c) of section | 4466 |
2901.01 of the Revised Code shall not be subject to replevin or | 4467 |
other action in any court and shall not be subject to release upon | 4468 |
request of the owner, and no judgment shall be enforced against | 4469 |
the property. Pending the hearing, and notwithstanding any | 4470 |
provisions of division (B)(1) or (C) of this section to the | 4471 |
contrary, the property shall be kept in the custody of the law | 4472 |
enforcement agency responsible for its seizure. | 4473 |
A law enforcement agency that seizes property under division | 4474 |
(A) of this section because it was contraband of any type | 4475 |
described in division (A)(13) of section 2901.01 or division (B) | 4476 |
of section 2933.42 of the Revised Code shall maintain an accurate | 4477 |
record of each item of property so seized, which record shall | 4478 |
include the date on which each item was seized, the manner and | 4479 |
date of its disposition, and if applicable, the name of the person | 4480 |
who received the item; however, the record shall not identify or | 4481 |
enable the identification of the individual officer who seized the | 4482 |
item. The record of property of that nature that no longer is | 4483 |
needed as evidence shall be open to public inspection during the | 4484 |
agency's regular business hours. Each law enforcement agency that, | 4485 |
during any calendar year, seizes property under division (A) of | 4486 |
this section because it was contraband shall prepare a report | 4487 |
covering the calendar year that cumulates all of the information | 4488 |
contained in all of the records kept by the agency pursuant to | 4489 |
this division for that calendar year, and shall send a copy of the | 4490 |
cumulative report, no later than the first day of March in the | 4491 |
calendar year following the calendar year covered by the report, | 4492 |
to the attorney general. Each report received by the attorney | 4493 |
general is a public record open for inspection under section | 4494 |
149.43 of the Revised Code. Not later than the fifteenth day of | 4495 |
April in the calendar year in which the reports are received, the | 4496 |
attorney general shall send to the president of the senate and the | 4497 |
speaker of the house of representatives a written notification | 4498 |
that does all of the following: | 4499 |
(a) Indicates that the attorney general has received from law | 4500 |
enforcement agencies reports of the type described in this | 4501 |
division that cover the previous calendar year and indicates that | 4502 |
the reports were received under this division; | 4503 |
(b) Indicates that the reports are open for inspection under | 4504 |
section 149.43 of the Revised Code; | 4505 |
(c) Indicates that the attorney general will provide a copy | 4506 |
of any or all of the reports to the president of the senate or the | 4507 |
speaker of the house of representatives upon request. | 4508 |
(C) The prosecuting attorney, village solicitor, city | 4509 |
director of law, or similar chief legal officer who has | 4510 |
responsibility for the prosecution of the underlying criminal case | 4511 |
or administrative proceeding, or the attorney general if the | 4512 |
attorney general has that responsibility, shall file a petition | 4513 |
for the forfeiture, to the seizing law enforcement agency of the | 4514 |
contraband seized pursuant to division (A) of this section. The | 4515 |
petition shall be filed in the court that has jurisdiction over | 4516 |
the underlying criminal case or administrative proceeding involved | 4517 |
in the forfeiture. If the property was seized on the basis of both | 4518 |
a criminal violation and an administrative regulation violation, | 4519 |
the petition shall be filed by the officer and in the court that | 4520 |
is appropriate in relation to the criminal case. | 4521 |
The petitioner shall conduct or cause to be conducted a | 4522 |
search of the appropriate public records that relate to the seized | 4523 |
property for the purpose of determining, and shall make or cause | 4524 |
to be made reasonably diligent inquiries for the purpose of | 4525 |
determining, any person having an ownership or security interest | 4526 |
in the property. The petitioner then shall give notice of the | 4527 |
forfeiture proceedings by personal service or by certified mail, | 4528 |
return receipt requested, to any persons known, because of the | 4529 |
conduct of the search, the making of the inquiries, or otherwise, | 4530 |
to have an ownership or security interest in the property, and | 4531 |
shall publish notice of the proceedings once each week for two | 4532 |
consecutive weeks in a newspaper of general circulation in the | 4533 |
county in which the seizure occurred. The notices shall be | 4534 |
personally served, mailed, and first published at least four weeks | 4535 |
before the hearing. They shall describe the property seized; state | 4536 |
the date and place of seizure; name the law enforcement agency | 4537 |
that seized the property and, if applicable, that is holding the | 4538 |
property; list the time, date, and place of the hearing; and state | 4539 |
that any person having an ownership or security interest in the | 4540 |
property may contest the forfeiture. | 4541 |
If the property seized was determined by the seizing law | 4542 |
enforcement officer to be contraband because of its relationship | 4543 |
to an underlying criminal offense or administrative violation, no | 4544 |
forfeiture hearing shall be held under this section unless the | 4545 |
person pleads guilty to or is convicted of the commission of, or | 4546 |
an attempt or conspiracy to commit, the offense or a different | 4547 |
offense arising out of the same facts and circumstances or unless | 4548 |
the person admits or is adjudicated to have committed the | 4549 |
administrative violation or a different violation arising out of | 4550 |
the same facts and circumstances; a forfeiture hearing shall be | 4551 |
held in a case of that nature no later than forty-five days after | 4552 |
the conviction or the admission or adjudication of the violation, | 4553 |
unless the time for the hearing is extended by the court for good | 4554 |
cause shown. The owner of any property seized because of its | 4555 |
relationship to an underlying criminal offense or administrative | 4556 |
violation may request the court to release the property to the | 4557 |
owner. Upon receipt of a request of that nature, if the court | 4558 |
determines that the property is not needed as evidence in the | 4559 |
underlying criminal case or administrative proceeding, the court | 4560 |
may permit the release of the property to the owner. As a | 4561 |
condition precedent to a release of that nature, the court may | 4562 |
require the owner to execute a bond with the court. Any bond so | 4563 |
required shall have sufficient sureties approved by the court, | 4564 |
shall be in a sum equal to the value of the property, as | 4565 |
determined by the court, and shall be conditioned upon the return | 4566 |
of the property to the court if the property is forfeited under | 4567 |
this section. Any property seized because of its relationship to | 4568 |
an underlying criminal offense or administrative violation shall | 4569 |
be returned to its owner if charges are not filed in relation to | 4570 |
that underlying offense or violation within thirty days after the | 4571 |
seizure, if charges of that nature are filed and subsequently are | 4572 |
dismissed, or if charges of that nature are filed and the person | 4573 |
charged does not plead guilty to and is not convicted of the | 4574 |
offense or does not admit and is not found to have committed the | 4575 |
violation. | 4576 |
If the property seized was determined by the seizing law | 4577 |
enforcement officer to be contraband other than because of a | 4578 |
relationship to an underlying criminal offense or administrative | 4579 |
violation, the forfeiture hearing under this section shall be held | 4580 |
no later than forty-five days after the seizure, unless the time | 4581 |
for the hearing is extended by the court for good cause shown. | 4582 |
Where possible, a court holding a forfeiture hearing under | 4583 |
this section shall follow the Rules of Civil Procedure. When a | 4584 |
hearing is conducted under this section, property shall be | 4585 |
forfeited upon a showing, by a preponderance of the evidence, by | 4586 |
the petitioner that the person from which the property was seized | 4587 |
was in violation of division (A) of section 2933.42 of the Revised | 4588 |
Code. If that showing is made, the court shall issue an order of | 4589 |
forfeiture. If an order of forfeiture is issued in relation to | 4590 |
contraband that was released to the owner or the owner's agent | 4591 |
pursuant to this division or division (B)(1) of this section, the | 4592 |
order shall require the owner to deliver the property, by a | 4593 |
specified date, to the law enforcement agency that employed the | 4594 |
law enforcement officer who made the seizure of the property, and | 4595 |
the court shall deliver a copy of the order to the owner or send a | 4596 |
copy of it by certified mail, return receipt requested, to the | 4597 |
owner at the address to which notice of the seizure was given | 4598 |
under division (A)(2) of this section. Except as otherwise | 4599 |
provided in this division, all rights, interest, and title to the | 4600 |
forfeited contraband vests in the state, effective from the date | 4601 |
of seizure. | 4602 |
No property shall be forfeited pursuant to this division if | 4603 |
the owner of the property establishes, by a preponderance of the | 4604 |
evidence, that the owner neither knew, nor should have known after | 4605 |
a reasonable inquiry, that the property was used, or was likely to | 4606 |
be used, in a crime or administrative violation. No bona fide | 4607 |
security interest shall be forfeited pursuant to this division if | 4608 |
the holder of the interest establishes, by a preponderance of the | 4609 |
evidence, that the holder of the interest neither knew, nor should | 4610 |
have known after a reasonable inquiry, that the property was used, | 4611 |
or likely to be used, in a crime or administrative violation, that | 4612 |
the holder of the interest did not expressly or impliedly consent | 4613 |
to the use of the property in a crime or administrative violation, | 4614 |
and that the security interest was perfected pursuant to law prior | 4615 |
to the seizure. If the holder of the interest satisfies the court | 4616 |
that these requirements are met, the interest shall be preserved | 4617 |
by the court. In a case of that nature, the court shall either | 4618 |
order that the agency to which the property is forfeited reimburse | 4619 |
the holder of the interest to the extent of the preserved interest | 4620 |
or order that the holder be paid for the interest from the | 4621 |
proceeds of any sale pursuant to division (D) of this section. | 4622 |
(D)(1) Contraband ordered forfeited pursuant to this section | 4623 |
shall be disposed of pursuant to divisions (D)(1) to (7) of | 4624 |
section 2933.41 of the Revised Code or, if the contraband is not | 4625 |
described in those divisions, may be used, with the approval of | 4626 |
the court, by the law enforcement agency that has custody of the | 4627 |
contraband pursuant to division (D)(8) of that section. In the | 4628 |
case of contraband not described in any of those divisions and of | 4629 |
contraband not disposed of pursuant to any of those divisions, the | 4630 |
contraband shall be sold in accordance with this division or, in | 4631 |
the case of forfeited moneys, disposed of in accordance with this | 4632 |
division. If the contraband is to be sold, the prosecuting | 4633 |
attorney shall cause a notice of the proposed sale of the | 4634 |
contraband to be given in accordance with law, and the property | 4635 |
shall be sold, without appraisal, at a public auction to the | 4636 |
highest bidder for cash. The proceeds of a sale and forfeited | 4637 |
moneys shall be applied in the following order: | 4638 |
(a) First, to the payment of the costs incurred in connection | 4639 |
with the seizure of, storage of, maintenance of, and provision of | 4640 |
security for the contraband, the forfeiture proceeding, and, if | 4641 |
any, the sale; | 4642 |
(b) Second, the remaining proceeds or forfeited moneys after | 4643 |
compliance with division (D)(1)(a) of this section, to the payment | 4644 |
of the balance due on any security interest preserved pursuant to | 4645 |
division (C) of this section; | 4646 |
(c) Third, the remaining proceeds or forfeited moneys after | 4647 |
compliance with divisions (D)(1)(a) and (b) of this section, as | 4648 |
follows: | 4649 |
(i) If the forfeiture was ordered in a juvenile court, ten | 4650 |
per cent to one or more alcohol and drug addiction treatment | 4651 |
programs that are certified by the department of alcohol and drug | 4652 |
addiction services under section 3793.06 of the Revised Code and | 4653 |
that are specified in the order of forfeiture. A juvenile court | 4654 |
shall not certify an alcohol or drug addiction treatment program | 4655 |
in the order of forfeiture unless the program is a certified | 4656 |
alcohol and drug addiction treatment program and, except as | 4657 |
provided in division (D)(1)(c)(i) of this section, unless the | 4658 |
program is located in the county in which the court that orders | 4659 |
the forfeiture is located or in a contiguous county. If no | 4660 |
certified alcohol and drug addiction treatment program is located | 4661 |
in any of those counties, the juvenile court may specify in the | 4662 |
order a certified alcohol and drug addiction treatment program | 4663 |
located anywhere within this state. | 4664 |
(ii) If the forfeiture was ordered in a juvenile court, | 4665 |
ninety per cent, and if the forfeiture was ordered in a court | 4666 |
other than a juvenile court, one hundred per cent to the law | 4667 |
enforcement trust fund of the prosecuting attorney and to the law | 4668 |
enforcement trust fund of the county sheriff if the county sheriff | 4669 |
made the seizure | 4670 |
municipal
corporation if its police
department made the seizure | 4671 |
to the law enforcement trust fund of a township if the seizure was | 4672 |
made by a township police department, township police district | 4673 |
police force,
or office of a
township constable | 4674 |
enforcement trust fund of a park district created pursuant to | 4675 |
section 511.18 or 1545.01 of the Revised Code if the seizure was | 4676 |
made by the park district police force or law enforcement | 4677 |
department | 4678 |
and other fund if the state
highway
patrol made the seizure | 4679 |
the division of forestry law enforcement contraband, forfeiture, | 4680 |
and other fund if the division of forestry in the department of | 4681 |
natural resources made the seizure, to the division of natural | 4682 |
areas and preserves law enforcement contraband, forfeiture, and | 4683 |
other fund if the division of natural areas and preserves in that | 4684 |
department made the seizure, to the division of wildlife law | 4685 |
enforcement contraband, forfeiture, and other fund if the division | 4686 |
of wildlife in that department made the seizure, to the division | 4687 |
of parks and recreation law enforcement contraband, forfeiture, | 4688 |
and other fund if the division of parks and recreation in that | 4689 |
department made the seizure, or to the division of watercraft law | 4690 |
enforcement contraband, forfeiture, and other fund if the division | 4691 |
of watercraft in that department made the seizure; to the | 4692 |
department of public safety investigative unit contraband, | 4693 |
forfeiture, and other fund if the investigative unit of the | 4694 |
department of public
safety made
the
seizure | 4695 |
of taxation enforcement fund if the department of taxation made | 4696 |
the seizure | 4697 |
created by division (B)(1) of section 4729.65 of the Revised Code | 4698 |
if the board made the seizure | 4699 |
deposit into the peace officer training commission fund if a state | 4700 |
law enforcement agency, other than the state highway patrol, the | 4701 |
division of forestry, natural areas and preserves, wildlife, parks | 4702 |
and recreation, or watercraft in the department of natural | 4703 |
resources, the investigative unit of the department of public | 4704 |
safety, the enforcement division of the department of taxation, or | 4705 |
the state board of pharmacy, made the seizure. The prosecuting | 4706 |
attorney may decline to accept any of the remaining proceeds or | 4707 |
forfeited moneys, and, if the prosecuting attorney so declines, | 4708 |
the remaining proceeds or forfeited moneys shall be applied to the | 4709 |
fund described in this division that relates to the law | 4710 |
enforcement agency that made the seizure. | 4711 |
A law enforcement trust fund shall be established by the | 4712 |
prosecuting attorney of each county who intends to receive any | 4713 |
remaining proceeds or forfeited moneys pursuant to this division, | 4714 |
by the sheriff of each county, by the legislative authority of | 4715 |
each municipal corporation, by the board of township trustees of | 4716 |
each township that has a township police department, township | 4717 |
police district police force, or office of the constable, and by | 4718 |
the board of park commissioners of each park district created | 4719 |
pursuant to section 511.18 or 1545.01 of the Revised Code that has | 4720 |
a park district police force or law enforcement department, for | 4721 |
the purposes of this division. There is hereby created in the | 4722 |
state treasury the highway patrol state contraband, forfeiture, | 4723 |
and other fund | 4724 |
contraband, forfeiture, and other fund; the division of natural | 4725 |
areas and preserves law enforcement contraband, forfeiture, and | 4726 |
other fund; the division of wildlife law enforcement contraband, | 4727 |
forfeiture, and other fund; the division of parks and recreation | 4728 |
law enforcement contraband, forfeiture, and other fund; the | 4729 |
division of watercraft law enforcement contraband, forfeiture, and | 4730 |
other fund; the department of public safety investigative unit | 4731 |
contraband, forfeiture, and
other fund | 4732 |
taxation enforcement fund | 4733 |
commission fund, for the purposes described in this division. | 4734 |
Proceeds or forfeited moneys distributed to any municipal | 4735 |
corporation, township, or park district law enforcement trust fund | 4736 |
shall be allocated from the fund by the legislative authority only | 4737 |
to the police department of the municipal corporation, by the | 4738 |
board of township trustees only to the township police department, | 4739 |
township police district police force, or office of the constable, | 4740 |
and by the board of park commissioners only to the park district | 4741 |
police force or law enforcement department. | 4742 |
Additionally, no proceeds or forfeited moneys shall be | 4743 |
allocated to or used by the state highway patrol, the division of | 4744 |
forestry, natural areas and preserves, wildlife, parks and | 4745 |
recreation, or watercraft in the department of natural resources, | 4746 |
the department of public safety, the department of taxation, the | 4747 |
state board of pharmacy, or a county sheriff, prosecuting | 4748 |
attorney, municipal corporation police department, township police | 4749 |
department, township police district police force, office of the | 4750 |
constable, or park district police force or law enforcement | 4751 |
department unless the state highway patrol, division of forestry, | 4752 |
natural areas and preserves, wildlife, parks and recreation, or | 4753 |
watercraft in the department of natural resources, department of | 4754 |
public safety, department of taxation, state board of pharmacy, | 4755 |
sheriff, prosecuting attorney, municipal corporation police | 4756 |
department, township police department, township police district | 4757 |
police force, office of the constable, or park district police | 4758 |
force or law enforcement department has adopted a written internal | 4759 |
control policy under division (D)(3) of this section that | 4760 |
addresses the use of moneys received from the highway patrol state | 4761 |
contraband, forfeiture, and other fund | 4762 |
law enforcement contraband, forfeiture, and other fund; the | 4763 |
division of natural areas and preserves law enforcement | 4764 |
contraband, forfeiture, and other fund; the division of wildlife | 4765 |
law enforcement contraband, forfeiture, and other fund; the | 4766 |
division of parks and recreation law enforcement contraband, | 4767 |
forfeiture, and other fund; the division of watercraft law | 4768 |
enforcement contraband, forfeiture, and other fund; the department | 4769 |
of public safety investigative unit contraband, forfeiture, and | 4770 |
other fund | 4771 |
board of pharmacy drug law
enforcement fund | 4772 |
law enforcement trust fund. | 4773 |
The highway patrol state contraband, forfeiture, and other | 4774 |
fund | 4775 |
forfeiture, and other fund; the division of natural areas and | 4776 |
preserves law enforcement contraband, forfeiture, and other fund; | 4777 |
the division of wildlife law enforcement contraband, forfeiture, | 4778 |
and other fund; the division of parks and recreation law | 4779 |
enforcement contraband, forfeiture, and other fund; the division | 4780 |
of watercraft law enforcement contraband, forfeiture, and other | 4781 |
fund; the department of public safety investigative unit | 4782 |
contraband, forfeiture, and other fund | 4783 |
taxation enforcement fund | 4784 |
be expended only in accordance with the written internal control | 4785 |
policy so adopted by the recipient, and, subject to the | 4786 |
requirements specified in division (D)(3)(a)(ii) of this section, | 4787 |
only to pay the costs of protracted or complex investigations or | 4788 |
prosecutions, to provide reasonable technical training or | 4789 |
expertise, to provide matching funds to obtain federal grants to | 4790 |
aid law enforcement, in the support of DARE programs or other | 4791 |
programs designed to educate adults or children with respect to | 4792 |
the dangers associated with the use of drugs of abuse, to pay the | 4793 |
costs of emergency action taken under section 3745.13 of the | 4794 |
Revised Code relative to the operation of an illegal | 4795 |
methamphetamine laboratory if the forfeited property or money | 4796 |
involved was that of a person responsible for the operation of the | 4797 |
laboratory, or for other law enforcement purposes that the | 4798 |
superintendent of the state highway patrol, division of forestry, | 4799 |
natural areas and preserves, wildlife, parks and recreation, or | 4800 |
watercraft in the department of natural resources, department of | 4801 |
public safety, department of taxation, prosecuting attorney, | 4802 |
county sheriff, legislative authority, board of township trustees, | 4803 |
or board of park commissioners determines to be appropriate. The | 4804 |
board of pharmacy drug law enforcement fund shall be expended only | 4805 |
in accordance with the written internal control policy so adopted | 4806 |
by the board and only in accordance with section 4729.65 of the | 4807 |
Revised Code, except that it also may be expended to pay the costs | 4808 |
of emergency action taken under section 3745.13 of the Revised | 4809 |
Code relative to the operation of an illegal methamphetamine | 4810 |
laboratory if the forfeited property or money involved was that of | 4811 |
a person responsible for the operation of the laboratory. The | 4812 |
highway patrol state contraband,
forfeiture, and other fund | 4813 |
division of forestry law enforcement contraband, forfeiture, and | 4814 |
other fund; the division of natural areas and preserves law | 4815 |
enforcement contraband, forfeiture, and other fund; the division | 4816 |
of wildlife law enforcement contraband, forfeiture, and other | 4817 |
fund; the division of parks and recreation law enforcement | 4818 |
contraband, forfeiture, and other fund; the division of watercraft | 4819 |
law enforcement contraband, forfeiture, and other fund; the | 4820 |
department of public safety investigative unit contraband, | 4821 |
forfeiture, and
other fund | 4822 |
enforcement fund | 4823 |
fund | 4824 |
the operating costs of the state highway patrol, of the division | 4825 |
of forestry, natural areas and preserves, wildlife, parks and | 4826 |
recreation, or watercraft in the department of natural resources, | 4827 |
of the investigative unit of the department of public safety, of | 4828 |
the department of taxation enforcement division, of the state | 4829 |
board of pharmacy, of any political subdivision, or of any office | 4830 |
of a prosecuting attorney or county sheriff that are unrelated to | 4831 |
law enforcement. | 4832 |
Proceeds and forfeited moneys that are paid into the state | 4833 |
treasury to be deposited into the peace officer training | 4834 |
commission fund shall be used by the commission only to pay the | 4835 |
costs of peace officer training. | 4836 |
Any sheriff or prosecuting attorney who receives proceeds or | 4837 |
forfeited moneys pursuant to this division during any calendar | 4838 |
year shall file a report with the county auditor, no later than | 4839 |
the thirty-first day of January of the next calendar year, | 4840 |
verifying that the proceeds and forfeited moneys were expended | 4841 |
only for the purposes authorized by this division and division | 4842 |
(D)(3)(a)(ii) of this section and specifying the amounts expended | 4843 |
for each authorized purpose. | 4844 |
Any municipal corporation police department that is allocated | 4845 |
proceeds or forfeited moneys from a municipal corporation law | 4846 |
enforcement trust fund pursuant to this division during any | 4847 |
calendar year shall file a report with the legislative authority | 4848 |
of the municipal corporation, no later than the thirty-first day | 4849 |
of January of the next calendar year, verifying that the proceeds | 4850 |
and forfeited moneys were expended only for the purposes | 4851 |
authorized by this division and division (D)(3)(a)(ii) of this | 4852 |
section and specifying the amounts expended for each authorized | 4853 |
purpose. | 4854 |
Any township police department, township police district | 4855 |
police force, or office of the constable that is allocated | 4856 |
proceeds or forfeited moneys from a township law enforcement trust | 4857 |
fund pursuant to this division during any calendar year shall file | 4858 |
a report with the board of township trustees of the township, no | 4859 |
later than the thirty-first day of January of the next calendar | 4860 |
year, verifying that the proceeds and forfeited moneys were | 4861 |
expended only for the purposes authorized by this division and | 4862 |
division (D)(3)(a)(ii) of this section and specifying the amounts | 4863 |
expended for each authorized
purpose. | 4864 |
Any park district police force or law enforcement department | 4865 |
that is allocated proceeds or forfeited moneys from a park | 4866 |
district law enforcement trust fund pursuant to this division | 4867 |
during any calendar year shall file a report with the board of | 4868 |
park commissioners of the park district, no later than the | 4869 |
thirty-first day of January of the next calendar year, verifying | 4870 |
that the proceeds and forfeited moneys were expended only for the | 4871 |
purposes authorized by this division and division (D)(3)(a)(ii) of | 4872 |
this section and specifying the amounts expended for each | 4873 |
authorized
purpose. | 4874 |
The superintendent of the state highway patrol shall file a | 4875 |
report with the attorney general, no later than the thirty-first | 4876 |
day of January of each calendar year, verifying that proceeds and | 4877 |
forfeited moneys paid into the highway patrol state contraband, | 4878 |
forfeiture, and other fund pursuant to this division during the | 4879 |
prior calendar year were used by the state highway patrol during | 4880 |
the prior calendar year only for the purposes authorized by this | 4881 |
division and specifying the amounts expended for each authorized | 4882 |
purpose. | 4883 |
The chiefs of the divisions of forestry, natural areas and | 4884 |
preserves, wildlife, parks and recreation, and watercraft in the | 4885 |
department of natural resources each shall file a report with the | 4886 |
attorney general, not later than the thirty-first day of January | 4887 |
of each calendar year, verifying that proceeds and forfeited | 4888 |
moneys paid into the division of forestry law enforcement | 4889 |
contraband, forfeiture, and other fund, the division of natural | 4890 |
areas and preserves law enforcement contraband, forfeiture, and | 4891 |
other fund, the division of wildlife law enforcement contraband, | 4892 |
forfeiture, and other fund, the division of parks and recreation | 4893 |
law enforcement contraband, forfeiture, and other fund, and the | 4894 |
division of watercraft law enforcement contraband, forfeiture, and | 4895 |
other fund, respectively, pursuant to this division during the | 4896 |
prior calendar year were used by the appropriate division in the | 4897 |
department of natural resources during the prior calendar year | 4898 |
only for the purposes authorized by this division and specifying | 4899 |
the amounts expended for each authorized purpose. | 4900 |
The executive director of the state board of pharmacy shall | 4901 |
file a report with the attorney general, no later than the | 4902 |
thirty-first day of January of each calendar year, verifying that | 4903 |
proceeds and forfeited moneys paid into the board of pharmacy drug | 4904 |
law enforcement fund during the prior calendar year were used only | 4905 |
in accordance with section 4729.65 of the Revised Code and | 4906 |
specifying the amounts expended
for each
authorized purpose. | 4907 |
The peace officer training commission shall file a report | 4908 |
with the attorney general, no later than the thirty-first day of | 4909 |
January of each calendar year, verifying that proceeds and | 4910 |
forfeited moneys paid into the peace officer training commission | 4911 |
fund pursuant to this division during the prior calendar year were | 4912 |
used by the commission during the prior calendar year only to pay | 4913 |
the costs of peace officer training and specifying the amount used | 4914 |
for that purpose. | 4915 |
The tax commissioner shall file a report with the attorney | 4916 |
general, not later than the thirty-first day of January of each | 4917 |
calendar year, verifying that proceeds and forfeited moneys paid | 4918 |
into the department of taxation enforcement fund pursuant to this | 4919 |
division during the prior calendar year were used by the | 4920 |
enforcement division during the prior calendar year to pay only | 4921 |
the costs of enforcing the tax laws and specifying the amount used | 4922 |
for that purpose. | 4923 |
(2) If more than one law enforcement agency is substantially | 4924 |
involved in the seizure of contraband that is forfeited pursuant | 4925 |
to this section, the court ordering the forfeiture shall equitably | 4926 |
divide the proceeds or forfeited moneys, after calculating any | 4927 |
distribution to the law enforcement trust fund of the prosecuting | 4928 |
attorney pursuant to division (D)(1)(c) of this section, among any | 4929 |
county sheriff whose office is determined by the court to be | 4930 |
substantially involved in the seizure, any legislative authority | 4931 |
of a municipal corporation whose police department is determined | 4932 |
by the court to be substantially involved in the seizure, any | 4933 |
board of township trustees whose law enforcement agency is | 4934 |
determined by the court to be substantially involved in the | 4935 |
seizure, any board of park commissioners of a park district whose | 4936 |
police force or law enforcement department is determined by the | 4937 |
court to be substantially involved in the seizure, the state board | 4938 |
of pharmacy if it is determined by the court to be substantially | 4939 |
involved in the seizure, the division of forestry, natural areas | 4940 |
and preserves, wildlife, parks and recreation, or watercraft in | 4941 |
the department of natural resources if it is determined by the | 4942 |
court to be substantially involved in the seizure, the | 4943 |
investigative unit of the department of public safety if it is | 4944 |
determined by the court to be substantially involved in the | 4945 |
seizure, the enforcement division of the department of taxation if | 4946 |
it is determined by the court to be substantially involved in the | 4947 |
seizure and the state highway patrol if it is determined by the | 4948 |
court to be substantially involved in the seizure. The proceeds or | 4949 |
forfeited moneys shall be deposited in the respective law | 4950 |
enforcement trust funds of the county sheriff, municipal | 4951 |
corporation, township, and park
district | 4952 |
drug law enforcement fund | 4953 |
enforcement contraband, forfeiture, and other fund; the division | 4954 |
of natural areas and preserves law enforcement contraband, | 4955 |
forfeiture, and other fund; the division of wildlife law | 4956 |
enforcement contraband, forfeiture, and other fund; the division | 4957 |
of parks and recreation law enforcement contraband, forfeiture, | 4958 |
and other fund; the division of watercraft law enforcement | 4959 |
contraband, forfeiture, and other fund; the department of public | 4960 |
safety investigative
unit
contraband,
forfeiture, and other fund | 4961 |
the department of taxation enforcement fund | 4962 |
patrol state contraband, forfeiture, and other fund, in accordance | 4963 |
with division (D)(1)(c) of this section. If a state law | 4964 |
enforcement agency, other than the state highway patrol, the | 4965 |
investigative unit of the department of public safety, the | 4966 |
department of taxation, the division of forestry, natural areas | 4967 |
and preserves, wildlife, parks and recreation, or watercraft in | 4968 |
the department of natural resources, or the state board of | 4969 |
pharmacy, is determined by the court to be substantially involved | 4970 |
in the seizure, the state agency's equitable share of the proceeds | 4971 |
and forfeited moneys shall be paid to the treasurer of state for | 4972 |
deposit into the peace officer training commission fund. | 4973 |
(3)(a)(i) Prior to being allocated or using any proceeds or | 4974 |
forfeited moneys out of the highway patrol state contraband, | 4975 |
forfeiture, and other fund | 4976 |
enforcement contraband, forfeiture, and other fund; the division | 4977 |
of natural areas and preserves law enforcement contraband, | 4978 |
forfeiture, and other fund; the division of wildlife law | 4979 |
enforcement contraband, forfeiture, and other fund; the division | 4980 |
of parks and recreation law enforcement contraband, forfeiture, | 4981 |
and other fund; the division of watercraft law enforcement | 4982 |
contraband, forfeiture, and other fund; the department of public | 4983 |
safety
investigative unit contraband, forfeiture, and
other fund | 4984 |
the department of taxation enforcement fund | 4985 |
pharmacy drug law enforcement
fund | 4986 |
fund under division (D)(1)(c) of this section, the state highway | 4987 |
patrol, the division of forestry, natural areas and preserves, | 4988 |
wildlife, parks and recreation, or watercraft in the department of | 4989 |
natural resources, the department of public safety, the department | 4990 |
of taxation, the state board of pharmacy, and a county sheriff, | 4991 |
prosecuting attorney, municipal corporation police department, | 4992 |
township police department, township police district police force, | 4993 |
office of the constable, or park district police force or law | 4994 |
enforcement department shall adopt a written internal control | 4995 |
policy that addresses the state highway patrol's, division of | 4996 |
forestry's, division of natural areas and preserves', division of | 4997 |
wildlife's, division of parks and recreation's, division of | 4998 |
watercraft's, department of public safety's, department of | 4999 |
taxation's, state board of pharmacy's, sheriff's, prosecuting | 5000 |
attorney's, police department's, police force's, office of the | 5001 |
constable's, or law enforcement department's use and disposition | 5002 |
of all the proceeds and forfeited moneys received and that | 5003 |
provides for the keeping of detailed financial records of the | 5004 |
receipts of the proceeds and forfeited moneys, the general types | 5005 |
of expenditures made out of the proceeds and forfeited moneys, the | 5006 |
specific amount of each general type of expenditure, and the | 5007 |
amounts, portions, and programs described in division | 5008 |
(D)(3)(a)(ii) of this section. The policy shall not provide for or | 5009 |
permit the identification of any specific expenditure that is made | 5010 |
in an ongoing investigation. | 5011 |
All financial records of the receipts of the proceeds and | 5012 |
forfeited moneys, the general types of expenditures made out of | 5013 |
the proceeds and forfeited moneys, the specific amount of each | 5014 |
general type of expenditure by the state highway patrol, by the | 5015 |
division of forestry, natural areas and preserves, wildlife, parks | 5016 |
and recreation, or watercraft in the department of natural | 5017 |
resources, by the department of public safety, by the department | 5018 |
of taxation, by the state board of pharmacy, and by a sheriff, | 5019 |
prosecuting attorney, municipal corporation police department, | 5020 |
township police department, township police district police force, | 5021 |
office of the constable, or park district police force or law | 5022 |
enforcement department, and the amounts, portions, and programs | 5023 |
described in division (D)(3)(a)(ii) of this section are public | 5024 |
records open for inspection under section 149.43 of the Revised | 5025 |
Code. Additionally, a written internal control policy adopted | 5026 |
under this division is a public record of that nature, and the | 5027 |
state highway patrol, the division of forestry, natural areas and | 5028 |
preserves, wildlife, parks and recreation, or watercraft in the | 5029 |
department of natural resources, the department of public safety, | 5030 |
the department of taxation, the state board of pharmacy, or the | 5031 |
sheriff, prosecuting attorney, municipal corporation police | 5032 |
department, township police department, township police district | 5033 |
police force, office of the constable, or park district police | 5034 |
force or law enforcement department that adopted it shall comply | 5035 |
with it. | 5036 |
(ii) The written internal control policy of a county sheriff, | 5037 |
prosecuting attorney, municipal corporation police department, | 5038 |
township police department, township police district police force, | 5039 |
office of the constable, or park district police force or law | 5040 |
enforcement department shall provide that at least ten per cent of | 5041 |
the first one hundred thousand dollars of proceeds and forfeited | 5042 |
moneys deposited during each calendar year in the sheriff's, | 5043 |
prosecuting attorney's, municipal corporation's, township's, or | 5044 |
park district's law enforcement trust fund pursuant to division | 5045 |
(B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of | 5046 |
section 2925.44 of the Revised Code, and at least twenty per cent | 5047 |
of the proceeds and forfeited moneys exceeding one hundred | 5048 |
thousand dollars that are so deposited, shall be used in | 5049 |
connection with community preventive education programs. The | 5050 |
manner in which the described percentages are so used shall be | 5051 |
determined by the sheriff, prosecuting attorney, department, | 5052 |
police force, or office of the constable after the receipt and | 5053 |
consideration of advice on appropriate community preventive | 5054 |
education programs from the county's board of alcohol, drug | 5055 |
addiction, and mental health services, from the county's alcohol | 5056 |
and drug addiction services board, or through appropriate | 5057 |
community dialogue. The financial records described in division | 5058 |
(D)(3)(a)(i) of this section shall specify the amount of the | 5059 |
proceeds and forfeited moneys deposited during each calendar year | 5060 |
in the sheriff's, prosecuting attorney's, municipal corporation's, | 5061 |
township's, or park district's law enforcement trust fund pursuant | 5062 |
to division (B)(7)(c)(ii) of section 2923.46 or division | 5063 |
(B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion | 5064 |
of that amount that was used pursuant to the requirements of this | 5065 |
division, and the community preventive education programs in | 5066 |
connection with which the portion of that amount was so used. | 5067 |
As used in this division, "community preventive education | 5068 |
programs" includes, but is not limited to, DARE programs and other | 5069 |
programs designed to educate adults or children with respect to | 5070 |
the dangers associated with the use of drugs of abuse. | 5071 |
(b) Each sheriff, prosecuting attorney, municipal corporation | 5072 |
police department, township police department, township police | 5073 |
district police force, office of the constable, or park district | 5074 |
police force or law enforcement department that receives in any | 5075 |
calendar year any proceeds or forfeited moneys out of a law | 5076 |
enforcement trust fund under division (D)(1)(c) of this section or | 5077 |
uses any proceeds or forfeited moneys in its law enforcement trust | 5078 |
fund in any calendar year shall prepare a report covering the | 5079 |
calendar year that cumulates all of the information contained in | 5080 |
all of the public financial records kept by the sheriff, | 5081 |
prosecuting attorney, municipal corporation police department, | 5082 |
township police department, township police district police force, | 5083 |
office of the constable, or park district police force or law | 5084 |
enforcement department pursuant to division (D)(3)(a) of this | 5085 |
section for that calendar year, and shall send a copy of the | 5086 |
cumulative report, no later than the first day of March in the | 5087 |
calendar year following the calendar year covered by the report, | 5088 |
to the attorney general. | 5089 |
The superintendent of the state highway patrol shall prepare | 5090 |
a report covering each calendar year in which the state highway | 5091 |
patrol uses any proceeds or forfeited moneys in the highway patrol | 5092 |
state contraband, forfeiture, and other fund under division | 5093 |
(D)(1)(c) of this section, that cumulates all of the information | 5094 |
contained in all of the public financial records kept by the state | 5095 |
highway patrol pursuant to division (D)(3)(a) of this section for | 5096 |
that calendar year, and shall send a copy of the cumulative | 5097 |
report, no later than the first day of March in the calendar year | 5098 |
following the calendar year covered by the report, to the attorney | 5099 |
general. | 5100 |
The chiefs of the divisions of forestry, natural areas and | 5101 |
preserves, wildlife, parks and recreation, and watercraft in the | 5102 |
department of natural resources each shall prepare a report | 5103 |
covering each calendar year in which the division of forestry, | 5104 |
natural areas and preserves, wildlife, parks and recreation, or | 5105 |
watercraft in the department of natural resources, respectively, | 5106 |
uses any proceeds or forfeited moneys in the division of forestry | 5107 |
contraband, forfeiture, and other fund, the division of natural | 5108 |
areas and preserves law enforcement contraband, forfeiture, and | 5109 |
other fund, the division of wildlife law enforcement contraband, | 5110 |
forfeiture, and other fund, the division of parks and recreation | 5111 |
law enforcement contraband, forfeiture, and other fund, or the | 5112 |
division of watercraft law enforcement contraband, forfeiture, and | 5113 |
other fund, respectively, under division (D)(1)(c) of this section | 5114 |
that cumulates all of the information contained in all of the | 5115 |
public financial records kept by the appropriate division of the | 5116 |
department of natural resources pursuant to division (D)(3)(a) of | 5117 |
this section for that calendar year and shall send a copy of the | 5118 |
cumulative report, not later than the first day of March in the | 5119 |
calendar year following the calendar year covered by the report, | 5120 |
to the attorney general. | 5121 |
The department of public safety shall prepare a report | 5122 |
covering each fiscal year in which the department uses any | 5123 |
proceeds or forfeited moneys in the department of public safety | 5124 |
investigative unit contraband, forfeiture, and other fund under | 5125 |
division (D)(1)(c) of this section that cumulates all of the | 5126 |
information contained in all of the public financial records kept | 5127 |
by the department pursuant to division (D)(3)(a) of this section | 5128 |
for that fiscal year. The department shall send a copy of the | 5129 |
cumulative report to the attorney general no later than the first | 5130 |
day of August in the fiscal year following the fiscal year covered | 5131 |
by the report. The director of public safety shall include in the | 5132 |
report a verification that proceeds and forfeited moneys paid into | 5133 |
the department of public safety investigative unit contraband, | 5134 |
forfeiture, and other fund under division (D)(1)(c) of this | 5135 |
section during the preceding fiscal year were used by the | 5136 |
department during that fiscal year only for the purposes | 5137 |
authorized by that division and shall specify the amount used for | 5138 |
each authorized purpose. | 5139 |
The tax commissioner shall prepare a report covering each | 5140 |
calendar year in which the department of taxation enforcement | 5141 |
division uses any proceeds or forfeited moneys in the department | 5142 |
of taxation enforcement fund under division (D)(1)(c) of this | 5143 |
section, that cumulates all of the information contained in all of | 5144 |
the public financial records kept by the department of taxation | 5145 |
enforcement division pursuant to division (D)(3)(a) of this | 5146 |
section for that calendar year, and shall send a copy of the | 5147 |
cumulative report, not later than the first day of March in the | 5148 |
calendar year following the calendar year covered by the report, | 5149 |
to the attorney general. | 5150 |
The executive director of the state board of pharmacy shall | 5151 |
prepare a report covering each calendar year in which the board | 5152 |
uses any proceeds or forfeited moneys in the board of pharmacy | 5153 |
drug law enforcement fund under division (D)(1)(c) of this | 5154 |
section, that cumulates all of the information contained in all of | 5155 |
the public financial records kept by the board pursuant to | 5156 |
division (D)(3)(a) of this section for that calendar year, and | 5157 |
shall send a copy of the cumulative report, no later than the | 5158 |
first day of March in the calendar year following the calendar | 5159 |
year covered by the report, to the attorney general. | 5160 |
Each report received by the attorney general is a public | 5161 |
record open for inspection under section 149.43 of the Revised | 5162 |
Code. Not later than the fifteenth day of April in the calendar | 5163 |
year in which the reports are received, the attorney general shall | 5164 |
send to the president of the senate and the speaker of the house | 5165 |
of representatives a written notification that does all of the | 5166 |
following: | 5167 |
(i) Indicates that the attorney general has received from | 5168 |
entities or persons specified in this division reports of the type | 5169 |
described in this division that cover the previous calendar year | 5170 |
and indicates that the reports were received under this division; | 5171 |
(ii) Indicates that the reports are open for inspection under | 5172 |
section 149.43 of the Revised Code; | 5173 |
(iii) Indicates that the attorney general will provide a copy | 5174 |
of any or all of the reports to the president of the senate or the | 5175 |
speaker of the house of representatives upon request. | 5176 |
(4)(a) A law enforcement agency that receives pursuant to | 5177 |
federal law proceeds from a sale of forfeited contraband, proceeds | 5178 |
from another disposition of forfeited contraband, or forfeited | 5179 |
contraband moneys shall deposit, use, and account for the proceeds | 5180 |
or forfeited moneys in accordance with, and otherwise comply with, | 5181 |
the applicable federal law. | 5182 |
(b) If the state highway patrol receives pursuant to federal | 5183 |
law proceeds from a sale of forfeited contraband, proceeds from | 5184 |
another disposition of forfeited contraband, or forfeited | 5185 |
contraband moneys, the appropriate governmental officials shall | 5186 |
deposit the proceeds into the highway patrol federal contraband, | 5187 |
forfeiture, and other fund, which is hereby created in the state | 5188 |
treasury. All interest or other earnings derived from the | 5189 |
investment of the proceeds or forfeited moneys shall be credited | 5190 |
to the fund. The state highway patrol shall use and account for | 5191 |
that interest or other earnings in accordance with the applicable | 5192 |
federal law. | 5193 |
(c) If the chief of the division of forestry, natural areas | 5194 |
and preserves, wildlife, parks and recreation, or watercraft in | 5195 |
the department of natural resources receives pursuant to federal | 5196 |
law proceeds from a sale of forfeited contraband, proceeds from | 5197 |
another disposition of forfeited contraband, or forfeited | 5198 |
contraband moneys, the appropriate government officials shall | 5199 |
deposit into the division of forestry law enforcement contraband, | 5200 |
forfeiture, and other fund, the division of natural areas and | 5201 |
preserves law enforcement contraband, forfeiture, and other fund, | 5202 |
the division of wildlife law enforcement contraband, forfeiture, | 5203 |
and other fund, the division of parks and recreation law | 5204 |
enforcement contraband, forfeiture, and other fund, or the | 5205 |
division of watercraft law enforcement contraband, forfeiture, and | 5206 |
other fund, as appropriate, all interest or other earnings derived | 5207 |
from the investment of the proceeds or forfeited moneys. The | 5208 |
appropriate division shall use and account for that interest or | 5209 |
other earnings in accordance with the applicable federal law. | 5210 |
(d) If the investigative unit of the department of public | 5211 |
safety receives pursuant to federal law proceeds from a sale of | 5212 |
forfeited contraband, proceeds from another disposition of | 5213 |
forfeited contraband, or forfeited contraband moneys, the | 5214 |
appropriate governmental officials shall deposit the proceeds into | 5215 |
the department of public safety investigative unit federal | 5216 |
equitable share account fund, which is hereby created in the state | 5217 |
treasury. All interest or other earnings derived from the | 5218 |
investment of the proceeds or forfeited moneys shall be credited | 5219 |
to the fund. The department shall use and account for that | 5220 |
interest or other earnings in accordance with the applicable | 5221 |
federal law. | 5222 |
| 5223 |
law proceeds from a sale of forfeited contraband, proceeds from | 5224 |
another disposition of forfeited contraband, or forfeited | 5225 |
contraband moneys, the appropriate governmental officials shall | 5226 |
deposit into the department of taxation enforcement fund all | 5227 |
interest or other earnings derived from the investment of the | 5228 |
proceeds or forfeited moneys. The department shall use and account | 5229 |
for that interest or other earnings in accordance with the | 5230 |
applicable federal law. | 5231 |
| 5232 |
to proceeds or forfeited moneys received pursuant to federal law | 5233 |
or to the interest or other earnings that are derived from the | 5234 |
investment of proceeds or forfeited moneys received pursuant to | 5235 |
federal law and that are described in division (D)(4)(b) of this | 5236 |
section. | 5237 |
(E) Upon the sale pursuant to this section of any property | 5238 |
that is required to be titled or registered under law, the state | 5239 |
shall issue an appropriate certificate of title or registration to | 5240 |
the purchaser. If the state is vested with title pursuant to | 5241 |
division (C) of this section and elects to retain property that is | 5242 |
required to be titled or registered under law, the state shall | 5243 |
issue an appropriate certificate of title or registration. | 5244 |
(F) Notwithstanding any provisions of this section to the | 5245 |
contrary, any property that is lawfully seized in relation to a | 5246 |
violation of section 2923.32 of the Revised Code shall be subject | 5247 |
to forfeiture and disposition in accordance with sections 2923.32 | 5248 |
to 2923.36 of the Revised Code; any property that is forfeited | 5249 |
pursuant to section 2923.44 or 2923.45 of the Revised Code in | 5250 |
relation to a violation of section 2923.42 of the Revised Code or | 5251 |
in relation to an act of a juvenile that is a violation of section | 5252 |
2923.42 of the Revised Code may be subject to forfeiture and | 5253 |
disposition in accordance with sections 2923.44 to 2923.47 of the | 5254 |
Revised Code; and any property that is forfeited pursuant to | 5255 |
section 2925.42 or 2925.43 of the Revised Code in relation to a | 5256 |
felony drug abuse offense, as defined in section 2925.01 of the | 5257 |
Revised Code, or in relation to an act that, if committed by an | 5258 |
adult, would be a felony drug abuse offense of that nature, may be | 5259 |
subject to forfeiture and disposition in accordance with sections | 5260 |
2925.41 to 2925.45 of the Revised Code or this section. | 5261 |
(G) Any failure of a law enforcement officer or agency, a | 5262 |
prosecuting attorney, village solicitor, city director of law, or | 5263 |
similar chief legal officer, a court, or the attorney general to | 5264 |
comply with any duty imposed by this section in relation to any | 5265 |
property seized or with any other provision of this section in | 5266 |
relation to any property seized does not affect the validity of | 5267 |
the seizure of the property, provided that the seizure itself was | 5268 |
made in accordance with law, and is not and shall not be | 5269 |
considered to be the basis for the suppression of any evidence | 5270 |
resulting from the seizure of the property, provided that the | 5271 |
seizure itself was made in accordance with law. | 5272 |
(H) Contraband that has been forfeited pursuant to division | 5273 |
(C) of this section shall not be available for use to pay any fine | 5274 |
imposed upon a person who is convicted of or pleads guilty to an | 5275 |
underlying criminal offense or a different offense arising out of | 5276 |
the same facts and circumstances. | 5277 |
Sec. 4115.04. (A)(1) Every public authority authorized to | 5278 |
contract for or construct with its own forces a public | 5279 |
improvement, before advertising for bids or undertaking such | 5280 |
construction with its own forces, shall have the director of | 5281 |
commerce determine the prevailing rates of wages of mechanics and | 5282 |
laborers in accordance with section 4115.05 of the Revised Code | 5283 |
for the class of work called for by the public improvement, in the | 5284 |
locality where the work is to be performed.
| 5285 |
provided in division (A)(2) of this section, that schedule of | 5286 |
wages shall be attached to and made part of the specifications for | 5287 |
the work, and shall be printed on the bidding blanks where the | 5288 |
work is done by contract. A copy of the bidding blank shall be | 5289 |
filed with
the director before | 5290 |
minimum rate of wages for common laborers, on work coming under | 5291 |
the jurisdiction of the department of transportation, shall be | 5292 |
fixed in each county
of
the state by | 5293 |
transportation, in accordance with section 4115.05 of the Revised | 5294 |
Code. | 5295 |
(2) In the case of contracts that are administered by the | 5296 |
department of natural resources, the director of natural resources | 5297 |
or the director's designee shall include language in the contracts | 5298 |
requiring wage rate determinations and updates to be obtained | 5299 |
directly from the department of commerce through electronic or | 5300 |
other means as appropriate. Contracts that include this | 5301 |
requirement are exempt from the requirements established in | 5302 |
division (A)(1) of this section that involve attaching the | 5303 |
schedule of wages to the specifications for the work, making the | 5304 |
schedule part of those specifications, and printing the schedule | 5305 |
on the bidding blanks where the work is done by contract. | 5306 |
(B) Sections 4115.03 to 4115.16 of the Revised Code do not | 5307 |
apply to: | 5308 |
(1) Public improvements in any case where the federal | 5309 |
government or any of its agencies furnishes by loan or grant all | 5310 |
or any part of the funds used in constructing such improvements, | 5311 |
provided that the federal government or any of its agencies | 5312 |
prescribes predetermined minimum wages to be paid to mechanics and | 5313 |
laborers employed in the construction of such improvements; | 5314 |
(2) A participant in a work activity, developmental activity, | 5315 |
or an alternative work activity under sections 5107.40 to 5107.69 | 5316 |
of the Revised Code when a public authority directly uses the | 5317 |
labor of the participant to construct a public improvement if the | 5318 |
participant is not engaged in paid employment or subsidized | 5319 |
employment pursuant to the activity; | 5320 |
(3) Public improvements undertaken by, or under contract for, | 5321 |
the board of education of any school district or the governing | 5322 |
board of any educational service center; | 5323 |
(4) Public improvements undertaken by, or under contract for, | 5324 |
a county hospital operated pursuant to Chapter 339. of the Revised | 5325 |
Code or a municipal hospital operated pursuant to Chapter 749. of | 5326 |
the Revised Code if none of the funds used in constructing the | 5327 |
improvements
are the proceeds of bonds or other obligations
| 5328 |
that are secured by the full faith and credit of the state, a | 5329 |
county, a township, or a municipal corporation and none of the | 5330 |
funds used in constructing the improvements, including funds used | 5331 |
to repay any amounts borrowed to construct the improvements, are | 5332 |
funds that have been appropriated for that purpose by the state, a | 5333 |
board of county commissioners, a township, or a municipal | 5334 |
corporation
from funds generated by
the levy of a tax | 5335 |
5336 | |
apply sections 4115.03 to 4115.16 of the Revised Code to a public | 5337 |
improvement undertaken by, or under contract for, the hospital. | 5338 |
Sec. 6111.034. The director of environmental protection | 5339 |
shall not issue any order under division (H) of section 6111.03 of | 5340 |
the Revised Code that would require a board of county | 5341 |
commissioners, legislative authority of a municipal corporation, | 5342 |
or other governing board of any other public entity to levy an | 5343 |
assessment for a water or sewer project unless the water and sewer | 5344 |
commission
created in division | 5345 |
Revised Code certifies to the director that sufficient funds exist | 5346 |
in the water and sewer fund created in division (A) of section | 5347 |
1525.11 of the Revised Code to advance money to the affected | 5348 |
public entity in an amount equal to the total assessment that is | 5349 |
not collectible as a result of section 929.03 or 1517.052 of the | 5350 |
Revised Code, as applicable. | 5351 |
Section 2. That existing sections 123.01, 123.04, 307.37, | 5352 |
1501.011, 1501.07, 1501.32, 1502.01, 1502.03, 1502.12, 1503.23, | 5353 |
1504.02, 1506.04, 1507.01, 1515.10, 1517.02, 1517.11, 1517.14, | 5354 |
1517.15, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, | 5355 |
1521.05, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1525.11, | 5356 |
1525.12, 1531.01, 1531.02, 1531.04, 1531.06, 1531.17, 1531.20, | 5357 |
1531.99, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, | 5358 |
1533.171, 1533.68, 1533.86, 1541.03, 1541.05, 1541.22, 1547.08, | 5359 |
1547.51, 1547.54, 1547.541, 1547.75, 1547.99, 1548.02, 2923.35, | 5360 |
2933.43, 4115.04, and 6111.034 and sections 1502.11 and 1521.08 of | 5361 |
the Revised Code are hereby repealed. | 5362 |
Section 3. Section 1525.11 of the Revised Code is presented | 5363 |
in this act as a composite of the section as amended by both Am. | 5364 |
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly. | 5365 |
The General Assembly, applying the principle stated in division | 5366 |
(B) of section 1.52 of the Revised Code that amendments are to be | 5367 |
harmonized if reasonably capable of simultaneous operation, finds | 5368 |
that the composite is the resulting version of the section in | 5369 |
effect prior to the effective date of the section as presented in | 5370 |
this act. | 5371 |
Section 4. Section 1547.54 of the Revised Code is presented | 5372 |
in this act as a composite of the section as amended by both Sub. | 5373 |
H.B. 345 and Sub. S.B. 150 of the 124th General Assembly. The | 5374 |
General Assembly, applying the principle stated in division (B) of | 5375 |
section 1.52 of the Revised Code that amendments are to be | 5376 |
harmonized if reasonably capable of simultaneous operation, finds | 5377 |
that the composite is the resulting version of the section in | 5378 |
effect prior to the effective date of the section as presented in | 5379 |
this act. | 5380 |