As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Sub. 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. 

Senators Wilson, Faber, Grendell, Amstutz, Morano, Mumper, Niehaus, Roberts, Sawyer, Schuler, Seitz, Spada, Harris 

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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

9

section 971.071; and to repeal sections 971.02,

10

971.03, 971.11, 971.12, 971.13, 971.14, 971.15,

11

971.16, 971.17, 971.18, 971.21, 971.22, 971.23,

12

971.24, 971.25, 971.26, 971.27, 971.28, 971.29,

13

971.30, 971.31, and 971.32 of the Revised Code to

14

revise the Fences Law.

15

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

Section 1. That sections 971.01, 971.04, 971.05, 971.06,	16
971.07, 971.08, 971.09, 971.10, 971.33, 971.34, and 971.99 be	17
amended, sections 971.04 (971.09), 971.05 (971.10), 971.06	18
(971.11), 971.07 (971.12), 971.08 (971.13), 971.09 (971.14), and	19
971.10 (971.15) be amended for the purpose of adopting new section	20
numbers as indicated in parentheses, and new sections 971.02,	21
971.03, 971.04, 971.05, 971.06, 971.07, 971.08, 971.16, 971.17,	22
and 971.18 and section 971.071 of the Revised Code be enacted as	23
follows:	24

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

25

(A) "Applicable county recorder" means the county recorder of	26
a county in which a partition fence is, was, or is not required to	27
be constructed and maintained in good repair.	28

(B) "Build a fence," "construct a fence," and "maintain a	29
fence in good repair" include any necessary clearing of land.	30

(C) "Livestock" means horses, mules, asses, hogs, sheep,	31
goats, cattle, and any other animal that is raised or maintained	32
domestically for food, fiber, or hunting purposes.	33

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

34

(A)(1) The owner of land in fee simple, of estates for life,	35
of easements, or of rights-of-way while used by the owners thereof	36
as farm outlets;	37

(B) The department of natural resources(2) Any of the	38
following with regard to any land that it owns, leases, manages,	39
or otherwise controls and that is adjacent to land used to graze	40
livestock:	41

(a) The department of natural resources;

42

(b) A conservancy district organized under Chapter 6101. of	43
the Revised Code;	44

(c) A political subdivision with a real property interest in	45
recreational trails.	46

Proceedings under this chapter do not bind the owner unless	47
the owner is notified as provided in section 971.13 of the Revised	48
Code.	49

(E) "Partition fence" means a fence that is located on the	50
division line between the adjoining properties of two owners.	51
"Partition fence" includes a fence that has been considered a	52
division line between two such properties even though a subsequent	53
land survey indicates that the fence is not located directly on	54
the division line.	55

(F) "Preferred partition fence" means a partition fence that	56
is a woven wire fence, either standard or high tensile, with one	57
or two strands of barbed wire located not less than forty-eight	58
inches from the ground or a nonelectric high tensile fence of at	59
least seven strands and that is constructed in accordance with the	60
United States natural resources conservation service conservation	61
practice standard for fences, code 382. "Preferred partition	62
fence" includes a barbed wire, electric, or live fence, provided	63
that the owners of adjoining properties agree, in writing, to	64
allow such fences.	65

(G) "Recreational trail" has the same meaning as in section	66
1519.07 of the Revised Code.	67

Sec. 971.02.  (A) Except as otherwise provided in this	68
section, all fields and enclosures in which livestock are kept or	69
placed and that are bordered by a division line between the	70
adjoining properties of different owners shall be enclosed by a	71
preferred partition fence.	72

(B) Nothing in this chapter prevents an owner from building a	73
fence that exceeds the requirements for a preferred partition	74
fence established under this chapter. The owner building such a	75
fence shall pay all additional costs and expenses of building the	76
fence and maintaining it in good repair.	77

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

78

(1) The owners of adjoining properties that enter into an	79
agreement in accordance with section 971.04 of the Revised Code;	80

(2) Fences that were constructed prior to the effective date	81
of this section.	82

Sec. 971.03.  This chapter does not apply to any of the	83
following:	84

(A) The enclosure of lots in municipal corporations;

85

(B) The enclosure of adjoining properties that are laid out	86
into lots outside of municipal corporations;	87

(C) Fences that are required to be constructed by persons or	88
corporations owning, controlling, or managing a railroad pursuant	89
to Chapter 4959. of the Revised Code.	90

Sec. 971.04.  Nothing in this chapter prevents the owners of	91
adjoining properties from entering into a written agreement that	92
states that no fence is needed between the properties, a fence	93
other than a preferred partition fence may be built and maintained	94
pursuant to division (C)(1) of section 971.02 of the Revised Code,	95
or the rights and obligations of the owners are different from	96
what is established in this chapter. The agreement shall be filed	97
with the applicable county recorder and placed in the partition	98
fence record established under section 971.15 of the Revised Code.	99
In addition, the agreement runs with the properties that are	100
subject to the agreement.	101

Sec. 971.05.  (A) If there is evidence that a partition fence	102
previously existed between the adjoining properties of two owners,	103
one of the owners, or both, may file an affidavit with the	104
applicable county recorder to be placed in the partition fence	105
record established under section 971.15 of the Revised Code	106
stating that a partition fence existed between the adjoining	107
properties within two years prior to the filing of the affidavit.	108
The affidavit also shall specify the location of the properties	109
and that the fence has been removed and not replaced. The	110
affidavit shall be filed no later than one year after the	111
effective date of this section.	112

(B) If an affidavit is filed under this section, section	113
971.06 of the Revised Code applies.	114

(C) If an affidavit is not filed under this section, section	115
971.07 of the Revised Code applies.	116

Sec. 971.06.  (A) If a partition fence exists between	117
adjoining properties, the owners of the adjoining properties shall	118
maintain the fence in good repair in equitable shares. If the	119
owners decide to build a new fence, they shall do so in equitable	120
shares in accordance with this chapter unless the owners enter	121
into an agreement in accordance with section 971.04 of the Revised	122
Code.	123

(B) The owners of adjoining properties shall build and	124
maintain in good repair a partition fence in equitable shares in	125
accordance with this chapter if there is evidence that a partition	126
fence previously existed between the adjoining properties or if	127
either of the owners of the adjoining properties, or the previous	128
owners of the adjoining properties, has or had filed an affidavit	129
with the applicable county recorder under section 971.05 of the	130
Revised Code. However, the owners of the adjoining properties are	131
not required to build and maintain in good repair a partition	132
fence in equitable shares if the owners enter or the previous	133
owners entered, as applicable, into an agreement in accordance	134
with section 971.04 of the Revised Code.	135

(C)(1) If a partition fence is removed by an owner and not	136
replaced within one year after removal, the owner who removed the	137
partition fence shall file an affidavit with the applicable county	138
recorder to be placed in the partition fence record established	139
under section 971.15 of the Revised Code stating that a partition	140
fence existed between the adjoining properties within one year	141
prior to the filing of the affidavit. The affidavit also shall	142
specify the location of the properties and state that the fence	143
has been removed and not replaced.	144

(2) If an affidavit is filed and a partition fence is	145
rebuilt, the owners of the adjoining properties shall build and	146
maintain in good repair the new fence in equitable shares in	147
accordance with this chapter unless the owners enter into an	148
agreement in accordance with section 971.04 of the Revised Code.	149

(3) If an affidavit is not filed and a partition fence is	150
rebuilt, the owner constructing the fence shall bear the total	151
costs of building and maintaining it in good repair.	152

Sec. 971.07.  (A) If a partition fence does not exist between	153
adjoining properties, there is no evidence that a partition fence	154
previously existed, an affidavit has not been filed with the	155
applicable county recorder in accordance with section 971.05 or	156
971.06 of the Revised Code, or a written agreement between the	157
owners of adjoining properties has not been filed with the	158
applicable county recorder in accordance with section 971.04 of	159
the Revised Code and an owner wants to build a partition fence,	160
that owner shall bear the costs of building and maintaining in	161
good repair the partition fence. The owner may file with the	162
applicable county recorder an affidavit that specifies the costs	163
incurred by the owner to build the partition fence. Each year	164
after the fence is built, the owner may file with the applicable	165
county recorder an affidavit that specifies the costs incurred	166
that year by the owner to maintain the fence in good repair.	167

(B) If an owner of adjoining property that did not assist in	168
bearing the costs of building and maintaining in good repair a	169
partition fence, or any successor in interest of the property,	170
subsequently uses the fence to keep livestock enclosed on the	171
property within thirty years after the fence was built, the owner	172
that built the fence, or any successor in interest of the	173
property, may file a claim for reimbursement of a proportionate	174
share of the total cost of building and maintaining in good	175
repair the partition fence with the owner of the adjoining	176
property or that owner's successor in interest, provided that an	177
affidavit has been filed under division (A) of this section. A	178
reimbursement claimed under this division shall equal the total	179
cost of building and maintaining the partition fence in good	180
repair minus one-thirtieth of the total cost multiplied by the	181
number of years, including parts of a year, that are included in	182
the period beginning on the date on which the affidavit was filed	183
and ending on the date on which the claim for reimbursement is	184
made. An owner that receives a claim for reimbursement under this	185
division promptly shall pay it. In addition, if necessary, the	186
owners shall modify the partition fence so that it complies with	187
the standards for preferred partition fences established in this	188
chapter. The owners shall equally divide the costs of the	189
modification of the partition fence.	190

(C) If the owner of adjoining property, or that owner's	191
successor in interest, fails to pay the claim for reimbursement of	192
the proportionate share of the total cost of building and	193
maintaining in good repair the partition fence that was filed	194
under division (B) of this section, the owner that filed the	195
claim for reimbursement may file an action in a court of	196
competent jurisdiction to recover not more than the proportionate	197
share of the total cost of building and maintaining in good	198
repair the partition fence.	199

(D) If the owner of adjoining property, or that owner's	200
successor in interest, pays the claim for reimbursement filed by	201
the owner that built and maintained in good repair the partition	202
fence under division (B) of this section or is required to	203
reimburse that owner by a court under division (C) of this	204
section, the owner of the adjoining property, or that owner's	205
successor in interest, subsequently is subject to section 971.06	206
of the Revised Code.	207

(E) If the owner that builds and maintains in good repair a	208
partition fence does not file an affidavit under division (A) of	209
this section, the owner forfeits the owner's right to	210
reimbursement from the owner of adjoining property as authorized	211
under this section.	212

Sec. 971.071. Notwithstanding any other provision in this	213
chapter, an owner of land as defined in division (D)(2) of section	214
971.01 of the Revised Code is responsible for fifty per cent of	215
the total cost of building and maintaining in good repair a	216
partition fence between that owner and the owner of adjoining	217
property unless a written agreement has been entered into under	218
section 971.04 of the Revised Code.	219

Sec. 971.08.  (A) If an owner chooses to build a partition	220
fence and the owner of adjoining property does not share in the	221
construction of the fence, the owner building the fence, or a	222
contractor hired by the owner, may enter on the adjoining property	223
for no more than ten feet for the length of the fence to build and	224
maintain in good repair the fence. The owner or contractor	225
building the fence is not guilty of a violation of section 2911.21	226
of the Revised Code or an ordinance of a municipal corporation	227
that is substantially equivalent, provided that the owner or	228
contractor does not enter onto the property beyond the ten feet	229
specified in this division. However, that owner or contractor is	230
liable for all damages caused by the entry onto the adjoining	231
property, including damages to crops.	232

(B) No person shall obstruct or interfere with anyone who is	233
lawfully engaged in the construction or maintenance of a partition	234
fence.	235

Sec. 971.04.        Sec. 971.09. (A)(1) When a personan owner neglects	236
to build or maintain in good repair a partition fence, or the	237
portion thereof which hethat the owner is required to build or	238
maintain, the aggrieved personowner may complain todo either of	239
the following:	240

(a) File an action in a court of common pleas as provided in	241
section 971.16 of the Revised Code;	242

(b) File a complaint with the board of township trustees of	243
the township in which suchthe land or fence is located. Suchor	244
is to be built.	245

(2) If the aggrieved owner intends to file a complaint with	246
the applicable board of township trustees, the board shall present	247
the aggrieved owner with a document containing both of the	248
following:	249

(a) Notification that in lieu of filing a complaint with the	250
board of township trustees as provided in this section, an action	251
may be filed in a court of common pleas as provided in section	252
971.16 of the Revised Code;	253

(b) A description of the possible financial and maintenance	254
responsibilities that may result from the board's findings.	255

The aggrieved owner shall sign and date the document and	256
return it to the board prior to filing a complaint with the board.	257

(3) When a partition fence is on a township or county line,	258
the boards of township trustees of the adjacent townships have	259
concurrent jurisdiction, and the board of township trustees of	260
either of the townships may be called to perform the applicable	261
duties established in this chapter. Either party to the complaint	262
may call the board of the other township, in which case they shall	263
act jointly, but a separate record shall be made in both	264
townships.	265

(B) If a complaint is filed with a board of township	266
trustees, the board, after not less than ten days' written notice	267
to all adjoining landownersowners of the time and place of	268
meeting, shall view the fence or premises where suchthe fence is	269
located or is to be built, and assign, in writing, to each person	270
his equal share thereof, to be constructed or kept in repair by	271
him. At the meeting, the board shall determine whether a partition	272
fence exists, regardless of whether it is in disrepair, or there	273
is evidence that a partition fence previously existed. If there is	274
no evidence that a partition fence exists, even in disrepair, or	275
if there is no evidence that a partition fence previously existed,	276
the board shall review the applicable county recorder's records to	277
determine whether an affidavit has been filed in accordance with	278
section 971.05, 971.06, or 971.07 of the Revised Code or an	279
agreement has been filed in accordance with section 971.04 of the	280
Revised Code.	281

(C) After viewing the fence or premises and reviewing the	282
applicable county recorder's records, if applicable, the board may	283
request additional information from either owner that is a party	284
to the complaint.	285

(D)(1) At the next regularly scheduled meeting of the board	286
after viewing the fence or premises and reviewing the applicable	287
county recorder's records, if applicable, the board shall	288
determine if a partition fence is required to be built or	289
maintained in good repair, as applicable. If the board determines	290
that a partition fence is required to be built or maintained, the	291
board shall decide each owner's responsibility for building or	292
maintaining in good repair the partition fence.	293

(2) If the board finds that both owners are responsible, the	294
board shall equitably assign, in writing, each owner's share of	295
building or maintaining in good repair the partition fence. When	296
making an equitable assignment, the board may assign a specific	297
portion of the partition fence to be built or maintained in good	298
repair, or the board may assign a portion of the total cost of	299
building or maintaining in good repair the partition fence if the	300
owners have submitted to the board an estimate from a contractor	301
of the necessary cost to perform the applicable work. If the	302
partition fence does or will contain livestock, the board shall	303
include in the equitable assignment the cost of building or	304
modifying the fence to meet the standards for preferred partition	305
fences established in this chapter.	306

(3) If the board finds that one owner is responsible, the	307
board shall require that owner, in writing, to pay the total cost	308
of building or maintaining in good repair the partition fence or	309
the portion of the partition fence for which the owner is	310
responsible, as applicable.	311

(4) If the board determines that a partition fence is not	312
required to be built or maintained in good repair, as applicable,	313
the board shall notify each owner of that determination in	314
writing.	315

(E) When making an equitable assignment under division (D)(2)	316
of this section, the board shall consider, without limitation, all	317
of the following:	318

(1) The topography of the applicable property;

319

(2) The presence of streams, creeks, rivers, or other bodies	320
of water;	321

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

322

(4) The level of risk of trespassers on either property due	323
to the population density surrounding the property or the	324
recreational use of adjoining properties;	325

(5) The importance of marking division lines between the	326
properties;	327

(6) The number and type of livestock owned by either owner	328
that may be contained by the partition fence.	329

(F) The board shall certify a report of an assignment made	330
under division (D)(2) of this section or a finding made under	331
division (D)(3) of this section to the applicable county recorder,	332
who shall record the assignment or finding in the partition fence	333
record established under section 971.15 of the Revised Code.	334

(G)(1) If either owner does not agree to the board's	335
assignment of responsibility under division (D)(2) of this section	336
for building or maintaining in good repair a partition fence, the	337
owner, not later than thirty days after the assignment has been	338
made, may deliver to the board and the other owner a written	339
request for binding arbitration. An owner that requests binding	340
arbitration also shall deliver a copy of the request to the court	341
of common pleas of the county in which the arbitration is to be	342
held, which shall be the county in which the owner that seeks the	343
binding arbitration resides. If either owner requests binding	344
arbitration, the board shall submit a report of its recommendation	345
of assignment that is made under division (D)(2) of this section	346
or of its finding that is made under division (D)(3) of this	347
section, as applicable, to the court of common pleas in which the	348
arbitration is to be held.	349

(2) The court of common pleas in which the arbitration is to	350
be held shall appoint an arbitrator. The court shall furnish the	351
board's report that is submitted to the court under division	352
(G)(1) of this section to the arbitrator. The owners shall pay the	353
costs of the arbitrator's services in equal amounts. An	354
arbitrator that has knowledge of this chapter shall be appointed,	355
if possible.	356

(3) Not later than thirty days after appointment of an	357
arbitrator, each owner and the board shall deliver to the	358
arbitrator a recommendation for the assignment of responsibility	359
for building or maintaining in good repair the partition fence.	360
Not later than sixty days after appointment of the arbitrator, the	361
arbitrator shall approve one of the recommendations submitted or	362
assign responsibility for building or maintaining in good repair	363
the partition fence based on the arbitrator's judgment.	364

The arbitrator shall deliver to each owner and the board a	365
written statement of the arbitration decision that states each	366
owner's responsibility for building or maintaining in good repair	367
the partition fence. The arbitrator shall certify a report of the	368
arbitration decision to the applicable county recorder, who shall	369
record the decision in the partition fence record established	370
under section 971.15 of the Revised Code.	371

The owners shall abide by the arbitration decision. The	372
arbitration decision shall be enforced, upon petition by either	373
owner, by the court of common pleas of the county in which the	374
petitioner resides.	375

Sec. 971.05.        Sec. 971.10.  The cost due the township fiscal officer	376
and the board of township trustees for making the assignment set	377
forth in section 971.04971.09 of the Revised Code shall be taxed	378
equally against each of the persons and, if not paid to the fiscal	379
officer within thirty days from the date of the assignment, shall	380
be certified by the fiscal officer to the county auditor, with a	381
correct description of the lands and the amount charged against	382
each portion.	383

Sec. 971.06.        Sec. 971.11.  The county auditor shall place the	384
amount authorized in section 971.05971.10 of the Revised Code	385
upon the duplicate to be collected as other taxes, and the county	386
treasurer shall pay it, when collected, to the township fiscal	387
officer as other funds are paid.	388

Sec. 971.07.        Sec. 971.12.  (A) If either personowner fails to	389
build or maintain in good repair the portion of a partition fence	390
assigned to himthe owner under section 971.04971.09 of the	391
Revised Code, the board of township trustees, upon the application	392
of the aggrieved personowner, shall award the contract to the	393
lowest responsible bidder agreeing to furnish the labor and	394
material, and build suchor maintain the fence according to the	395
specifications proposed by the board, after advertising for bids	396
once a week for three consecutive weeks in a newspaper of general	397
circulation in the county in which the township is situated.	398

(B) If no bids are received from responsible bidders as	399
provided in this section, the trustees shall procure labor and	400
materials at prevailing rates and cause suchthe fence to be	401
constructed or maintained.	402

(C) No person shall obstruct or interfere with anyone	403
lawfully engaged in construction or maintenance of a partition	404
fence or in the performance of any other act described in this	405
section.	406

Sec. 971.08.        Sec. 971.13.  When the work provided for under section	407
971.12 of the Revised Code is completed to the satisfaction of the	408
board of township trustees, it shall certify the costs to the	409
township fiscal officer. If the costs are not paid within thirty	410
days, the township fiscal officer shall certify them to the county	411
auditor with a statement of the cost of the construction or	412
maintenance and incidental costs incurred by the trustees and a	413
correct description of each piece of land upon which the costs are	414
assessed.	415

Sec. 971.09.        Sec. 971.14.  The county auditor shall place the	416
amounts certified, as provided in section 971.08971.13 of the	417
Revised Code, upon the tax duplicate, which amounts shall become a	418
lien and be collected as other taxes. The board of township	419
trustees shall certify the amount due each person for building or	420
maintaining the fence and the amount due each trustee and the	421
township fiscal officer for services rendered. In anticipation of	422
the collection of the amounts, the auditor shall draw orders for	423
the payment of the amounts out of the county treasury.	424

Sec. 971.10.        Sec. 971.15.  The applicable county recorder shall	425
keep a book known as the "Partition Fence Recordpartition fence	426
record" and all divisions of. All agreements between the owners of	427
adjoining properties filed in accordance with this chapter, all	428
affidavits filed by owners in accordance with this chapter, and	429
all assignments of and findings and decisions regarding	430
responsibility for building and maintaining in good repair	431
partition fences made under this chapter shall be recorded	432
therein, andin the record. A document recorded in the record	433
shall be final between the parties thereto and successive owners	434
thereafter, until such divisions become unequal by a sale or	435
division of land or a portion thereof, in which case a new	436
division may be hadmodified by a subsequent document. All	437
documents recorded in the record shall describe the land where a	438
partition fence is located and the portion of the fence assigned	439
to each applicable owner. In addition, the documents shall	440
describe the purposes and use of the partition fence.	441

Sec. 971.16.  (A) An owner may file an action in a court of	442
common pleas of the county in which the owner resides if the owner	443
of adjoining property neglects to build or maintain in good repair	444
a partition fence or the portion of a partition fence that the	445
owner is required to build or maintain.	446

(B) In an action filed under this section, a court shall	447
consider all of the following when making an assignment of	448
responsibility for building or maintaining in good repair a	449
partition fence:	450

(1) Whether a partition fence currently exists even if it is	451
in disrepair;	452

(2) Whether there is evidence that a partition fence existed	453
in the past;	454

(3) Whether a written agreement between the owners has been	455
filed with the applicable county recorder in accordance with	456
section 971.04 of the Revised Code;	457

(4) Whether an affidavit has been filed with the applicable	458
county recorder in accordance with section 971.05, 971.06, or	459
971.07 of the Revised Code;	460

(5) All of the following:

461

(a) The topography of the applicable property;

462

(b) The presence of streams, creeks, rivers, or other bodies	463
of water;	464

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

465

(d) The level of risk of trespassers on either property due	466
to the population density surrounding the property or the	467
recreational use of adjoining properties;	468

(e) The importance of marking division lines between the	469
properties;	470

(f) The number and type of livestock owned by either owner	471
that may be contained by the partition fence.	472

The court shall make an assignment in equitable shares.

473

(C) The court shall assign attorney's fees and court costs in	474
an equitable manner to the parties.	475

Sec. 971.17.  (A) Not fewer than twenty-eight days prior to	476
removing a partition fence, an owner shall notify the owner of	477
adjoining property in writing that the owner intends to remove the	478
partition fence. The notice may be delivered personally or by	479
certified mail, return receipt requested, to the last known	480
address of the adjoining owner. If the notice delivered by	481
certified mail is refused or unclaimed, the notice may be	482
delivered by ordinary mail. If the notice delivered by ordinary	483
mail is returned for failure of delivery, or if the address of the	484
adjoining owner is unknown and cannot be ascertained with	485
reasonable diligence, notice may be served by publication once a	486
week for three consecutive weeks in a newspaper of general	487
circulation in the county in which the partition fence is located.	488

(B) If an owner removes a partition fence without notifying	489
the owner of adjoining property in accordance with division (A) of	490
this section, the owner forfeits the owner's right to seek	491
reimbursement under section 971.07 of the Revised Code for the	492
construction and maintenance of a new partition fence.	493

(C) An action for trespass by the owner of adjoining property	494
against the owner removing a partition fence may include a	495
reasonable request for court costs, attorney's fees, and other	496
litigation costs.	497

(D) No owner shall place any debris accumulated from the	498
removal of a partition fence on adjoining property without	499
entering into a written agreement with the owner of the adjoining	500
property. An adjoining owner who has not entered into a written	501
agreement under this division shall have a cause of action against	502
the owner that placed debris from the removal of a partition fence	503
on the adjoining owner's property for the cost of removing that	504
debris. Any action against the owner may include any attorney's	505
fees.	506

Sec. 971.18.  An owner of livestock who permits the livestock	507
to run at large out of the livestock's enclosure is liable for all	508
damages caused by the livestock on the premises of another.	509

Sec. 971.33.  An owner of land, adjacent to a line or	510
partition fence, shall keep all brush, briers, thistles, or other	511
noxious weeds cut in the fence corners and a strip four feet wide	512
on histhe owner's side along the line of a partition fence, but	513
this section does not affect the planting of vines or trees for	514
use.	515

Sec. 971.34.  If the owner or tenant occupying land, neglects	516
or refuses to cut brush, briers, thistles, or other noxious weeds,	517
as provided in section 971.33 of the Revised Code, an owner or	518
occupant of land abutting on the line or partition fence, after	519
having given the owner or tenant not less than ten days' notice to	520
cut or remove them, may notify the board of township trustees of	521
the township in which the land is situated, who shall forthwith	522
view the premises, and if satisfied that there is just cause of	523
complaint, shall cause them to be cut, by letting the work to the	524
lowest bidder, or by entering into a private contract therefor.	525

Sec. 971.99.  (A) WhoeverExcept as otherwise provided in	526
division (B), (C), or (D) of this section, whoever violates	527
division (B) of section 971.03971.08 or division (C) of section	528
971.12 of the Revised Code is guilty of a misdemeanor of the	529
fourththird degree.	530

(B) Whoever violates division (C) of section 971.07 of the	531
Revised Code is guilty of a misdemeanor of the third degree.	532

(B) Whoever violates division (B) of section 971.08 or	533
division (C) of section 971.12 of the Revised Code is guilty of a	534
misdemeanor of the second degree if, in committing the offense,	535
the violator made a threat of physical harm to the person that was	536
building or maintaining a partition fence.	537

(C) Whoever violates division (B) of section 971.08 or	538
division (C) of section 971.12 of the Revised Code is guilty of a	539
misdemeanor of the first degree if, in committing the offense, the	540
violator caused physical harm to the person that was building or	541
maintaining a partition fence.	542

(D) Whoever violates division (B) of section 971.08 or	543
division (C) of section 971.12 of the Revised Code is guilty of a	544
felony of the fifth degree if, in committing the offense, the	545
violator caused serious physical harm or death to the person that	546
was building or maintaining a partition fence.	547

(E) Prosecution for a violation of division (B) of section	548
971.08 or division (C) of section 971.12 of the Revised Code does	549
not preclude prosecution for a violation of any other section of	550
the Revised Code. One or more acts, a series of acts, or a course	551
of behavior that can be prosecuted under this section or any other	552
section of the Revised Code may be prosecuted under this section,	553
the other section, or both sections.	554

Section 2.  That existing sections 971.01, 971.04, 971.05,	555
971.06, 971.07, 971.08, 971.09, 971.10, 971.33, 971.34, and 971.99	556
and sections 971.02, 971.03, 971.11, 971.12, 971.13, 971.14,	557
971.15, 971.16, 971.17, 971.18, 971.21, 971.22, 971.23, 971.24,	558
971.25, 971.26, 971.27, 971.28, 971.29, 971.30, 971.31, and 971.32	559
of the Revised Code are hereby repealed.	560