As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. H. B. No. 323

Representative Gibbs 

Cosponsors: Representatives Peterson, McGregor, J., Evans, Huffman, Wagner, Miller, Fessler, Seitz, Bubp, Okey, McGregor, R., Fende, Schlichter, Sayre, Aslanides, Zehringer, Reinhard, Core, Hite, Domenick, Adams, Batchelder, Bolon, Collier, Combs, Dolan, Dyer, Gardner, Hagan, J., Harwood, Hughes, Luckie, Newcomb, Patton, Schindel, Setzer, Skindell, Szollosi, Uecker, Williams, B. 

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A BILL

To amend sections 971.01, 971.04, 971.05, 971.06,

1

971.07, 971.08, 971.09, 971.10, 971.33, 971.34,

2

and 971.99; to amend for the purpose of adopting

3

new section numbers as indicated in parentheses

4

sections 971.04 (971.09), 971.05 (971.10), 971.06

5

(971.11), 971.07 (971.12), 971.08 (971.13), 971.09

6

(971.14), and 971.10 (971.15); to enact new

7

sections 971.02, 971.03, 971.04, 971.05, 971.06,

8

971.07, 971.08, 971.16, 971.17, and 971.18; and to

9

repeal sections 971.02, 971.03, 971.11, 971.12,

10

971.13, 971.14, 971.15, 971.16, 971.17, 971.18,

11

971.21, 971.22, 971.23, 971.24, 971.25, 971.26,

12

971.27, 971.28, 971.29, 971.30, 971.31, and 971.32

13

of the Revised Code to revise the Fences Law.

14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 971.01, 971.04, 971.05, 971.06,	15
971.07, 971.08, 971.09, 971.10, 971.33, 971.34, and 971.99 be	16
amended, sections 971.04 (971.09), 971.05 (971.10), 971.06	17
(971.11), 971.07 (971.12), 971.08 (971.13), 971.09 (971.14), and	18
971.10 (971.15) be amended for the purpose of adopting new section	19
numbers as indicated in parentheses, and new sections 971.02,	20
971.03, 971.04, 971.05, 971.06, 971.07, 971.08, 971.16, 971.17,	21
and 971.18 of the Revised Code be enacted as follows:	22

Sec. 971.01.  As used in this chapter, "owner":

23

(A) "Applicable county recorder" means the county recorder of	24
a county in which a partition fence is, was, or is not required to	25
be constructed and maintained in good repair.	26

(B) "Build a fence," "construct a fence," and "maintain a	27
fence in good repair" include any necessary clearing of land.	28

(C) "Livestock" means horses, mules, asses, hogs, sheep,	29
goats, cattle, and any other animal that is raised or maintained	30
domestically for food, fiber, or hunting purposes.	31

(D) "Owner" means both of the following:

32

(A)(1) The owner of land in fee simple, of estates for life,	33
of easements, or of rights-of-way while used by the owners thereof	34
as farm outlets;	35

(B) The department of natural resources(2) Any of the	36
following with regard to any land that it owns, leases, manages,	37
or otherwise controls and that is adjacent to land used to graze	38
livestock:	39

(a) The department of natural resources;

40

(b) A conservancy district organized under Chapter 6101. of	41
the Revised Code;	42

(c) A political subdivision with a real property interest in	43
recreational trails.	44

Proceedings under this chapter do not bind the owner unless	45
the owner is notified as provided in section 971.13 of the Revised	46
Code.	47

(E) "Partition fence" means a fence that is located on the	48
division line between the adjoining properties of two owners.	49
"Partition fence" includes a fence that has been considered a	50
division line between two such properties even though a subsequent	51
land survey indicates that the fence is not located directly on	52
the division line.	53

(F) "Preferred partition fence" means a partition fence that	54
is a woven wire fence, either standard or high tensile, with one	55
or two strands of barbed wire located not less than forty-eight	56
inches from the ground or a nonelectric high tensile fence of at	57
least seven strands and that is constructed in accordance with the	58
United States natural resources conservation service conservation	59
practice standard for fences, code 382. "Preferred partition	60
fence" includes a barbed wire, electric, or live fence, provided	61
that the owners of adjoining properties agree, in writing, to	62
allow such fences.	63

(G) "Recreational trail" has the same meaning as in section	64
1519.07 of the Revised Code.	65

Sec. 971.02.  (A) Except as otherwise provided in this	66
section, all fields and enclosures in which livestock are kept or	67
placed and that are bordered by a division line between the	68
adjoining properties of different owners shall be enclosed by a	69
preferred partition fence.	70

(B) Nothing in this chapter prevents an owner from building a	71
fence that exceeds the requirements for a preferred partition	72
fence established under this chapter. The owner building such a	73
fence shall pay all additional costs and expenses of building the	74
fence and maintaining it in good repair.	75

(C) This section does not apply to either of the following:

76

(1) The owners of adjoining properties that enter into an	77
agreement in accordance with section 971.04 of the Revised Code;	78

(2) Fences that were constructed prior to the effective date	79
of this section.	80

Sec. 971.03.  This chapter does not apply to any of the	81
following:	82

(A) The enclosure of lots in municipal corporations;

83

(B) The enclosure of adjoining properties that are laid out	84
into lots outside of municipal corporations;	85

(C) Fences that are required to be constructed by persons or	86
corporations owning, controlling, or managing a railroad pursuant	87
to Chapter 4959. of the Revised Code.	88

Sec. 971.04.  Nothing in this chapter prevents the owners of	89
adjoining properties from entering into a written agreement that	90
states that no fence is needed between the properties, a fence	91
other than a preferred partition fence may be built and maintained	92
pursuant to division (C)(1) of section 971.02 of the Revised Code,	93
or the rights and obligations of the owners are different from	94
what is established in this chapter. The agreement shall be filed	95
with the applicable county recorder and placed in the partition	96
fence record established under section 971.15 of the Revised Code.	97
In addition, the agreement runs with the properties that are	98
subject to the agreement.	99

Sec. 971.05.  (A) If there is evidence that a partition fence	100
previously existed between the adjoining properties of two owners,	101
one of the owners, or both, may file an affidavit with the	102
applicable county recorder to be placed in the partition fence	103
record established under section 971.15 of the Revised Code	104
stating that a partition fence existed between the adjoining	105
properties within two years prior to the filing of the affidavit.	106
The affidavit also shall specify the location of the properties	107
and that the fence has been removed and not replaced. The	108
affidavit shall be filed no later than one year after the	109
effective date of this section.	110

(B) If an affidavit is filed under this section, section	111
971.06 of the Revised Code applies.	112

(C) If an affidavit is not filed under this section, section	113
971.07 of the Revised Code applies.	114

Sec. 971.06.  (A) If a partition fence exists between	115
adjoining properties, the owners of the adjoining properties shall	116
maintain the fence in good repair in equitable shares. If the	117
owners decide to build a new fence, they shall do so in equitable	118
shares in accordance with this chapter unless the owners enter	119
into an agreement in accordance with section 971.04 of the Revised	120
Code.	121

(B) The owners of adjoining properties shall build and	122
maintain in good repair a partition fence in equitable shares in	123
accordance with this chapter if there is evidence that a partition	124
fence previously existed between the adjoining properties or if	125
either of the owners of the adjoining properties, or the previous	126
owners of the adjoining properties, has or had filed an affidavit	127
with the applicable county recorder under section 971.05 of the	128
Revised Code. However, the owners of the adjoining properties are	129
not required to build and maintain in good repair a partition	130
fence in equitable shares if the owners enter or the previous	131
owners entered, as applicable, into an agreement in accordance	132
with section 971.04 of the Revised Code.	133

(C)(1) If a partition fence is removed by an owner and not	134
replaced within one year after removal, the owner who removed the	135
partition fence shall file an affidavit with the applicable county	136
recorder to be placed in the partition fence record established	137
under section 971.15 of the Revised Code stating that a partition	138
fence existed between the adjoining properties within one year	139
prior to the filing of the affidavit. The affidavit also shall	140
specify the location of the properties and state that the fence	141
has been removed and not replaced.	142

(2) If an affidavit is filed and a partition fence is	143
rebuilt, the owners of the adjoining properties shall build and	144
maintain in good repair the new fence in equitable shares in	145
accordance with this chapter unless the owners enter into an	146
agreement in accordance with section 971.04 of the Revised Code.	147

(3) If an affidavit is not filed and a partition fence is	148
rebuilt, the owner constructing the fence shall bear the total	149
costs of building and maintaining it in good repair.	150

Sec. 971.07.  (A) If a partition fence does not exist between	151
adjoining properties, there is no evidence that a partition fence	152
previously existed, an affidavit has not been filed with the	153
applicable county recorder in accordance with section 971.05 or	154
971.06 of the Revised Code, or a written agreement between the	155
owners of adjoining properties has not been filed with the	156
applicable county recorder in accordance with section 971.04 of	157
the Revised Code and an owner wants to build a partition fence,	158
that owner shall bear the costs of building and maintaining in	159
good repair the partition fence. The owner may file with the	160
applicable county recorder an affidavit that specifies the costs	161
incurred by the owner to build the partition fence. Each year	162
after the fence is built, the owner may file with the applicable	163
county recorder an affidavit that specifies the costs incurred	164
that year by the owner to maintain the fence in good repair.	165

(B) If an owner of adjoining property that did not assist in	166
bearing the costs of building and maintaining in good repair a	167
partition fence, or any successor in interest of the property,	168
subsequently uses the fence to keep livestock enclosed on the	169
property within thirty years after the fence was built, the owner	170
that built the fence, or any successor in interest of the	171
property, may file a claim for reimbursement of fifty per cent of	172
the total cost of building and maintaining in good repair the	173
partition fence with the owner of the adjoining property or that	174
owner's successor in interest, provided that an affidavit has been	175
filed under division (A) of this section. An owner that receives a	176
claim for reimbursement under this division promptly shall pay it.	177
In addition, if necessary, the owners shall modify the partition	178
fence so that it complies with the standards for preferred	179
partition fences established in this chapter. The owners shall	180
equally divide the costs of the modification of the partition	181
fence.	182

(C) If the owner of adjoining property, or that owner's	183
successor in interest, fails to pay the claim for reimbursement of	184
fifty per cent of the total cost of building and maintaining in	185
good repair the partition fence that was filed under division (B)	186
of this section, the owner that filed the claim for reimbursement	187
may file an action in a court of competent jurisdiction to recover	188
not more than fifty per cent of the total cost of building and	189
maintaining in good repair the partition fence.	190

(D) If the owner of adjoining property, or that owner's	191
successor in interest, pays the claim for reimbursement filed by	192
the owner that built and maintained in good repair the partition	193
fence under division (B) of this section or is required to	194
reimburse that owner by a court under division (C) of this	195
section, the owner of the adjoining property, or that owner's	196
successor in interest, subsequently is subject to section 971.06	197
of the Revised Code.	198

(E) If the owner that builds and maintains in good repair a	199
partition fence does not file an affidavit under division (A) of	200
this section, the owner forfeits the owner's right to	201
reimbursement from the owner of adjoining property as authorized	202
under this section.	203

Sec. 971.08.  (A) If an owner chooses to build a partition	204
fence and the owner of adjoining property does not share in the	205
construction of the fence, the owner building the fence, or a	206
contractor hired by the owner, may enter on the adjoining property	207
for no more than ten feet for the length of the fence to build and	208
maintain in good repair the fence. The owner or contractor	209
building the fence is not guilty of a violation of section 2911.21	210
of the Revised Code or an ordinance of a municipal corporation	211
that is substantially equivalent, provided that the owner or	212
contractor does not enter onto the property beyond the ten feet	213
specified in this division. However, that owner or contractor is	214
liable for all damages caused by the entry onto the adjoining	215
property, including damages to crops.	216

(B) No person shall obstruct or interfere with anyone who is	217
lawfully engaged in the construction or maintenance of a partition	218
fence.	219

Sec. 971.04.        Sec. 971.09. (A) When a personan owner neglects to	220
build or maintain in good repair a partition fence, or the portion	221
thereof which hethat the owner is required to build or maintain,	222
the aggrieved personowner may complain todo either of the	223
following:	224

(1) File an action in a court of common pleas as provided in	225
section 971.16 of the Revised Code;	226

(2) File a complaint with the board of township trustees of	227
the township in which suchthe land or fence is located. Suchor	228
is to be built.	229

When a partition fence is on a township or county line, the	230
boards of township trustees of the adjacent townships have	231
concurrent jurisdiction, and the board of township trustees of	232
either of the townships may be called to perform the applicable	233
duties established in this chapter. Either party to the complaint	234
may call the board of the other township, in which case they shall	235
act jointly, but a separate record shall be made in both	236
townships.	237

(B) If a complaint is filed with a board of township	238
trustees, the board, after not less than ten days' written notice	239
to all adjoining landownersowners of the time and place of	240
meeting, shall view the fence or premises where suchthe fence is	241
located or is to be built, and assign, in writing, to each person	242
his equal share thereof, to be constructed or kept in repair by	243
him. At the meeting, the board shall determine whether a partition	244
fence exists, regardless of whether it is in disrepair, or there	245
is evidence that a partition fence previously existed. If there is	246
no evidence that a partition fence exists, even in disrepair, or	247
if there is no evidence that a partition fence previously existed,	248
the board shall review the applicable county recorder's records to	249
determine whether an affidavit has been filed in accordance with	250
section 971.05, 971.06, or 971.07 of the Revised Code or an	251
agreement has been filed in accordance with section 971.04 of the	252
Revised Code.	253

(C) After viewing the fence or premises and reviewing the	254
applicable county recorder's records, if applicable, the board may	255
request additional information from either owner that is a party	256
to the complaint.	257

(D)(1) At the next regularly scheduled meeting of the board	258
after viewing the fence or premises and reviewing the applicable	259
county recorder's records, if applicable, the board shall	260
determine if a partition fence is required to be built or	261
maintained in good repair, as applicable. If the board determines	262
that a partition fence is required to be built or maintained, the	263
board shall decide each owner's responsibility for building or	264
maintaining in good repair the partition fence.	265

(2) If the board finds that both owners are responsible, the	266
board shall equitably assign, in writing, each owner's share of	267
building or maintaining in good repair the partition fence. When	268
making an equitable assignment, the board may assign a specific	269
portion of the partition fence to be built or maintained in good	270
repair, or the board may assign a portion of the total cost of	271
building or maintaining in good repair the partition fence if the	272
owners have submitted to the board an estimate from a contractor	273
of the necessary cost to perform the applicable work. If the	274
partition fence does or will contain livestock, the board shall	275
include in the equitable assignment the cost of building or	276
modifying the fence to meet the standards for preferred partition	277
fences established in this chapter.	278

(3) If the board finds that one owner is responsible, the	279
board shall require that owner, in writing, to pay the total cost	280
of building or maintaining in good repair the partition fence or	281
the portion of the partition fence for which the owner is	282
responsible, as applicable.	283

(4) If the board determines that a partition fence is not	284
required to be built or maintained in good repair, as applicable,	285
the board shall notify each owner of that determination in	286
writing.	287

(E) When making an equitable assignment under division (D)(2)	288
of this section, the board shall consider, without limitation, all	289
of the following:	290

(1) The topography of the applicable property;

291

(2) The presence of streams, creeks, rivers, or other bodies	292
of water;	293

(3) The presence of trees, vines, or other vegetation;

294

(4) The level of risk of trespassers on either property due	295
to the population density surrounding the property or the	296
recreational use of adjoining properties;	297

(5) The importance of marking division lines between the	298
properties;	299

(6) The number and type of livestock owned by either owner	300
that may be contained by the partition fence.	301

(F) The board shall certify a report of an assignment made	302
under division (D)(2) of this section or a finding made under	303
division (D)(3) of this section to the applicable county recorder,	304
who shall record the assignment or finding in the partition fence	305
record established under section 971.15 of the Revised Code.	306

(G)(1) If either owner does not agree to the board's	307
assignment of responsibility under division (D)(2) of this section	308
for building or maintaining in good repair a partition fence, the	309
owner, not later than thirty days after the assignment has been	310
made, may deliver to the board and the other owner a written	311
request for binding arbitration. An owner that requests binding	312
arbitration also shall deliver a copy of the request to the court	313
of common pleas of the county in which the arbitration is to be	314
held, which shall be the county in which the owner that seeks the	315
binding arbitration resides. If either owner requests binding	316
arbitration, the board shall submit a report of its recommendation	317
of assignment that is made under division (D)(2) of this section	318
or of its finding that is made under division (D)(3) of this	319
section, as applicable, to the court of common pleas in which the	320
arbitration is to be held.	321

(2) The court of common pleas in which the arbitration is to	322
be held shall appoint an arbitrator. The court shall furnish the	323
board's report that is submitted to the court under division	324
(G)(1) of this section to the arbitrator. The owners shall pay the	325
costs of the arbitrator's services in equal amounts. An	326
arbitrator that has knowledge of this chapter shall be appointed,	327
if possible.	328

(3) Not later than thirty days after appointment of an	329
arbitrator, each owner and the board shall deliver to the	330
arbitrator a recommendation for the assignment of responsibility	331
for building or maintaining in good repair the partition fence.	332
Not later than sixty days after appointment of the arbitrator, the	333
arbitrator shall approve one of the recommendations submitted or	334
assign responsibility for building or maintaining in good repair	335
the partition fence based on the arbitrator's judgment.	336

The arbitrator shall deliver to each owner and the board a	337
written statement of the arbitration decision that states each	338
owner's responsibility for building or maintaining in good repair	339
the partition fence. The arbitrator shall certify a report of the	340
arbitration decision to the applicable county recorder, who shall	341
record the decision in the partition fence record established	342
under section 971.15 of the Revised Code.	343

The owners shall abide by the arbitration decision. The	344
arbitration decision shall be enforced, upon petition by either	345
owner, by the court of common pleas of the county in which the	346
petitioner resides.	347

Sec. 971.05.        Sec. 971.10.  The cost due the township fiscal officer	348
and the board of township trustees for making the assignment set	349
forth in section 971.04971.09 of the Revised Code shall be taxed	350
equally against each of the persons and, if not paid to the fiscal	351
officer within thirty days from the date of the assignment, shall	352
be certified by the fiscal officer to the county auditor, with a	353
correct description of the lands and the amount charged against	354
each portion.	355

Sec. 971.06.        Sec. 971.11.  The county auditor shall place the	356
amount authorized in section 971.05971.10 of the Revised Code	357
upon the duplicate to be collected as other taxes, and the county	358
treasurer shall pay it, when collected, to the township fiscal	359
officer as other funds are paid.	360

Sec. 971.07.        Sec. 971.12.  (A) If either personowner fails to	361
build or maintain in good repair the portion of a partition fence	362
assigned to himthe owner under section 971.04971.09 of the	363
Revised Code, the board of township trustees, upon the application	364
of the aggrieved personowner, shall award the contract to the	365
lowest responsible bidder agreeing to furnish the labor and	366
material, and build suchor maintain the fence according to the	367
specifications proposed by the board, after advertising for bids	368
once a week for three consecutive weeks in a newspaper of general	369
circulation in the county in which the township is situated.	370

(B) If no bids are received from responsible bidders as	371
provided in this section, the trustees shall procure labor and	372
materials at prevailing rates and cause suchthe fence to be	373
constructed or maintained.	374

(C) No person shall obstruct or interfere with anyone	375
lawfully engaged in construction or maintenance of a partition	376
fence or in the performance of any other act described in this	377
section.	378

Sec. 971.08.        Sec. 971.13.  When the work provided for under section	379
971.12 of the Revised Code is completed to the satisfaction of the	380
board of township trustees, it shall certify the costs to the	381
township fiscal officer. If the costs are not paid within thirty	382
days, the township fiscal officer shall certify them to the county	383
auditor with a statement of the cost of the construction or	384
maintenance and incidental costs incurred by the trustees and a	385
correct description of each piece of land upon which the costs are	386
assessed.	387

Sec. 971.09.        Sec. 971.14.  The county auditor shall place the	388
amounts certified, as provided in section 971.08971.13 of the	389
Revised Code, upon the tax duplicate, which amounts shall become a	390
lien and be collected as other taxes. The board of township	391
trustees shall certify the amount due each person for building or	392
maintaining the fence and the amount due each trustee and the	393
township fiscal officer for services rendered. In anticipation of	394
the collection of the amounts, the auditor shall draw orders for	395
the payment of the amounts out of the county treasury.	396

Sec. 971.10.        Sec. 971.15.  The applicable county recorder shall	397
keep a book known as the "Partition Fence Recordpartition fence	398
record" and all divisions of. All agreements between the owners of	399
adjoining properties filed in accordance with this chapter, all	400
affidavits filed by owners in accordance with this chapter, and	401
all assignments of and findings and decisions regarding	402
responsibility for building and maintaining in good repair	403
partition fences made under this chapter shall be recorded	404
therein, andin the record. A document recorded in the record	405
shall be final between the parties thereto and successive owners	406
thereafter, until such divisions become unequal by a sale or	407
division of land or a portion thereof, in which case a new	408
division may be hadmodified by a subsequent document. All	409
documents recorded in the record shall describe the land where a	410
partition fence is located and the portion of the fence assigned	411
to each applicable owner. In addition, the documents shall	412
describe the purposes and use of the partition fence.	413

Sec. 971.16.  (A) An owner may file an action in a court of	414
common pleas of the county in which the owner resides if the owner	415
of adjoining property neglects to build or maintain in good repair	416
a partition fence or the portion of a partition fence that the	417
owner is required to build or maintain.	418

(B) In an action filed under this section, a court shall	419
consider all of the following when making an assignment of	420
responsibility for building or maintaining in good repair a	421
partition fence:	422

(1) Whether a partition fence currently exists even if it is	423
in disrepair;	424

(2) Whether there is evidence that a partition fence existed	425
in the past;	426

(3) Whether a written agreement between the owners has been	427
filed with the applicable county recorder in accordance with	428
section 971.04 of the Revised Code;	429

(4) Whether an affidavit has been filed with the applicable	430
county recorder in accordance with section 971.05, 971.06, or	431
971.07 of the Revised Code;	432

(5) All of the following:

433

(a) The topography of the applicable property;

434

(b) The presence of streams, creeks, rivers, or other bodies	435
of water;	436

(c) The presence of trees, vines, or other vegetation;

437

(d) The level of risk of trespassers on either property due	438
to the population density surrounding the property or the	439
recreational use of adjoining properties;	440

(e) The importance of marking division lines between the	441
properties;	442

(f) The number and type of livestock owned by either owner	443
that may be contained by the partition fence.	444

The court shall make an assignment in equitable shares.

445

(C) The court shall assign attorney's fees and court costs in	446
an equitable manner to the parties.	447

Sec. 971.17.  (A) Not fewer than twenty-eight days prior to	448
removing a partition fence, an owner shall notify the owner of	449
adjoining property in writing that the owner intends to remove the	450
partition fence. The notice may be delivered personally or by	451
certified mail, return receipt requested, to the last known	452
address of the adjoining owner. If the notice delivered by	453
certified mail is refused or unclaimed, the notice may be	454
delivered by ordinary mail. If the notice delivered by ordinary	455
mail is returned for failure of delivery, or if the address of the	456
adjoining owner is unknown and cannot be ascertained with	457
reasonable diligence, notice may be served by publication once a	458
week for three consecutive weeks in a newspaper of general	459
circulation in the county in which the partition fence is located.	460

(B) If an owner removes a partition fence without notifying	461
the owner of adjoining property in accordance with division (A) of	462
this section, the owner forfeits the owner's right to seek	463
reimbursement under section 971.07 of the Revised Code for the	464
construction and maintenance of a new partition fence.	465

(C) An action for trespass by the owner of adjoining property	466
against the owner removing a partition fence may include a	467
reasonable request for court costs, attorney's fees, and other	468
litigation costs.	469

(D) No owner shall place any debris accumulated from the	470
removal of a partition fence on adjoining property without	471
entering into a written agreement with the owner of the adjoining	472
property. An adjoining owner who has not entered into a written	473
agreement under this division shall have a cause of action against	474
the owner that placed debris from the removal of a partition fence	475
on the adjoining owner's property for the cost of removing that	476
debris. Any action against the owner may include any attorney's	477
fees.	478

Sec. 971.18.  An owner of livestock who permits the livestock	479
to run at large out of the livestock's enclosure is liable for all	480
damages caused by the livestock on the premises of another.	481

Sec. 971.33.  An owner of land, adjacent to a line or	482
partition fence, shall keep all brush, briers, thistles, or other	483
noxious weeds cut in the fence corners and a strip four feet wide	484
on histhe owner's side along the line of a partition fence, but	485
this section does not affect the planting of vines or trees for	486
use.	487

Sec. 971.34.  If the owner or tenant occupying land, neglects	488
or refuses to cut brush, briers, thistles, or other noxious weeds,	489
as provided in section 971.33 of the Revised Code, an owner or	490
occupant of land abutting on the line or partition fence, after	491
having given the owner or tenant not less than ten days' notice to	492
cut or remove them, may notify the board of township trustees of	493
the township in which the land is situated, who shall forthwith	494
view the premises, and if satisfied that there is just cause of	495
complaint, shall cause them to be cut, by letting the work to the	496
lowest bidder, or by entering into a private contract therefor.	497

Sec. 971.99.  (A) WhoeverExcept as otherwise provided in	498
division (B), (C), or (D) of this section, whoever violates	499
division (B) of section 971.03971.08 or division (C) of section	500
971.12 of the Revised Code is guilty of a misdemeanor of the	501
fourththird degree.	502

(B) Whoever violates division (C) of section 971.07 of the	503
Revised Code is guilty of a misdemeanor of the third degree.	504

(B) Whoever violates division (B) of section 971.08 or	505
division (C) of section 971.12 of the Revised Code is guilty of a	506
misdemeanor of the second degree if, in committing the offense,	507
the violator made a threat of physical harm to the person that was	508
building or maintaining a partition fence.	509

(C) Whoever violates division (B) of section 971.08 or	510
division (C) of section 971.12 of the Revised Code is guilty of a	511
misdemeanor of the first degree if, in committing the offense, the	512
violator caused physical harm to the person that was building or	513
maintaining a partition fence.	514

(D) Whoever violates division (B) of section 971.08 or	515
division (C) of section 971.12 of the Revised Code is guilty of a	516
felony of the fifth degree if, in committing the offense, the	517
violator caused serious physical harm or death to the person that	518
was building or maintaining a partition fence.	519

(E) Prosecution for a violation of division (B) of section	520
971.08 or division (C) of section 971.12 of the Revised Code does	521
not preclude prosecution for a violation of any other section of	522
the Revised Code. One or more acts, a series of acts, or a course	523
of behavior that can be prosecuted under this section or any other	524
section of the Revised Code may be prosecuted under this section,	525
the other section, or both sections.	526

Section 2.  That existing sections 971.01, 971.04, 971.05,	527
971.06, 971.07, 971.08, 971.09, 971.10, 971.33, 971.34, and 971.99	528
and sections 971.02, 971.03, 971.11, 971.12, 971.13, 971.14,	529
971.15, 971.16, 971.17, 971.18, 971.21, 971.22, 971.23, 971.24,	530
971.25, 971.26, 971.27, 971.28, 971.29, 971.30, 971.31, and 971.32	531
of the Revised Code are hereby repealed.	532