As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 511


Representative DeGeeter 

Cosponsors: Representatives Fende, Dyer, Yuko, Evans, Dodd, McGregor, J., Foley, Hagan, R., Letson, Szollosi 

A BILL
To amend sections 1545.09 and 1545.99 of the Revised 1
Code to provide increased penalties for violations 2
of a bylaw or rule adopted by a board of park 3
commissioners of a park district in a county and 4
to permit a board of park commissioners to adopt 5
penalties for any such violation provided the 6
penalties do not exceed in severity the penalty 7
designated by state law for a similar violation 8
under state law.9


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

       Section 1. That sections 1545.09 and 1545.99 of the Revised 10
Code be amended to read as follows:11

       Sec. 1545.09. (A) The board of park commissioners shall adopt12
such bylaws and rules as the board deemsconsiders advisable for 13
the preservation of good order within and adjacent to parks and14
reservations of land, and for the protection and preservation of15
the parks, parkways, and other reservations of land under its16
jurisdiction and control and of property and natural life therein. 17
The board shall also adopt bylaws or rules establishing a 18
procedure for contracting for professional, technical, consulting, 19
and other special services. Any competitive bidding procedures of 20
the board do not apply to the purchase of benefits for park 21
district officers or employees when such benefits are provided 22
through a health and welfare trust fund administered through or in 23
conjunction with a collective bargaining representative of the 24
park district employees, as authorized in section 1545.071 of the 25
Revised Code. The bylaws and rules shall be published as provided 26
in case of ordinances of municipal corporations before taking 27
effect.28

       (B)(1) As used in division (B)(2) of this section, "similar 29
violation under state law" means a violation of any section of the 30
Revised Code, other than division (C) of this section, that is 31
similar to a violation of a bylaw or rule adopted under division 32
(A) of this section.33

       (2) The board of park commissioners may adopt by bylaw a 34
penalty for a violation of any bylaw or rule adopted under 35
division (A) of this section, and any penalty so adopted shall not 36
exceed in severity whichever of the following is applicable:37

       (a) The penalty designated under the Revised Code for a 38
violation of the state law that is similar to the bylaw or rule 39
for which the board adopted the penalty;40

       (b) For a violation of a bylaw or rule adopted under division 41
(A) of this section for which the similar violation under state 42
law does not bear a penalty or for which there is no similar 43
violation under state law, a fine of not more than one hundred 44
fifty dollars for a first offense and not more than one thousand 45
dollars for each subsequent offense.46

       (3) Any bylaw adopted under division (B)(2) of this section 47
shall be published as provided in case of ordinances of municipal 48
corporations before taking effect.49

       (C) No person shall violate any of such bylaws or rules 50
adopted under division (A) of this section. All fines collected 51
for any violation of this section shall be paid into the treasury 52
of such park board.53

       Sec. 1545.99. (A) Whoever violates division (C) of section 54
1545.09 of the Revised Code shall be punished as follows:55

       (A) Except as otherwise provided in division (B) of this 56
section, the offender shall be fined not more than one hundred 57
fifty dollars for a first offense;and not more than one thousand 58
dollars for each subsequent offense such person shall be fined not 59
more than five hundred dollars.60

       (B) If the board of park commissioners that adopted the bylaw 61
or rule that the offender violated and that was the basis of the 62
offender's violation of division (C) of section 1545.09 of the 63
Revised Code has adopted a penalty for the violation under 64
division (B) of that section, the offender shall be penalized in 65
accordance with the penalty so adopted for the violation.66

       Section 2.  That existing sections 1545.09 and 1545.99 of the 67
Revised Code are hereby repealed.68