Cosponsors:
Senators Fedor, Harris, Kearney, Morano, Spada, Wagoner, Wilson, Miller, D.
Representatives Schlichter, McGregor, J., Gibbs, Core, Evans, Domenick, Zehringer, Chandler, Dodd, Dyer, Flowers, Gerberry, Harwood, Heydinger, Hughes, Letson, Luckie, Lundy, Newcomb, Sayre
| This agreement made and concluded between the commonwealth
of | 16 |
|
Pennsylvania, acting by and through its lawfully authorized | 17 |
|
agency, namely, the water and power resources board, as party of | 18 |
|
the first part, and the state of Ohio, acting by and through its | 19 |
|
lawfully authorized agency, namely, its conservation
commissioner, | 20 |
|
as party of the second part, | 21 |
| Whereas, By act of assembly of Pennsylvania approved May 2, | 23 |
|
1929, P. L. 1503, as amended by acts of May 5, 1931, P. O. 84, | 24 |
|
April 24, 1933, P. L. 67, and July 9, 1935, P. L. 619, the | 25 |
|
department of forests and waters of Pennsylvania, acting through | 26 |
|
the water and power resources board, was authorized, inter alia, | 27 |
|
to complete the work begun and continued under an act approved | 28 |
|
July 25, 1913, P. L. 1270, entitled "An act providing for the | 29 |
|
erection of a dam at the outlet of Pymatuning swamp, and the | 30 |
|
establishment of a reservoir to conserve the waters thereof; | 31 |
|
providing for the taking of land and materials necessary thereto; | 32 |
|
vesting certain powers and duties in the water supply commission; | 33 |
|
and making an appropriation", and did duly complete said work, | 34 |
|
whereby there was created a lake or reservoir, now known and | 35 |
|
hereinafter called Pymatuning Lake, extending in part across the | 36 |
|
boundary line between said states of Ohio and Pennsylvania into | 37 |
|
the state of Ohio, and | 38 |
| Whereas, The primary purposes of the project by which said | 39 |
|
lake was created was to conserve water draining said swamp, all
of | 40 |
|
which has its source in Pennsylvania, as well as control
floods | 41 |
|
and regulate the flow of water in the Shenango and Beaver
rivers, | 42 |
|
and secondary thereto, permit the water and the land
surrounding | 43 |
|
the same to be used for fishing, hunting, recreation
and park | 44 |
|
purposes, under such terms and conditions as the water
and power | 45 |
|
resources board might determine, in such way or ways as
in the | 46 |
|
opinion of the said board will not materially interfere
with the | 47 |
|
primary purpose in said acts of assembly and
hereinbefore | 48 |
|
specifically referred to, and | 49 |
| Whereas, In view of the fact that a certain part of the
lake | 50 |
|
extends into the state of Ohio, whereby it is necessary and | 51 |
|
desirable that the use of the lake for the secondary purposes, | 52 |
|
namely, hunting, fishing, and recreational use, be uniformly | 53 |
|
provided for, as well as to guard against inconvenience and | 54 |
|
mischiefs which might hereafter arise from the uncertainty of | 55 |
|
jurisdiction within and on said lake, to the end that the lake
may | 56 |
|
be adequately policed and conflicts of jurisdiction for the
arrest | 57 |
|
and punishment of offenders be avoided. | 58 |
| 1. General use. It is hereby agreed that the entire | 64 |
|
Pymatuning lake or reservoir, subject to the primary use thereof | 65 |
|
by the commonwealth of Pennsylvania for regulating the flow of
the | 66 |
|
water in the Shenango and Beaver rivers as in paragraph 9 | 67 |
|
hereinafter more specifically mentioned, shall be open for | 68 |
|
recreational use equally to the citizens of both contracting | 69 |
|
parties, save as restricted as to hunting, fishing, and boating in | 70 |
|
this agreement set forth, or hereafter mutually agreed upon by | 71 |
|
both parties but no person shall be permitted to hunt or fish | 72 |
|
therein or thereon unless the lawful holder of a fishing or | 73 |
|
hunting license, authorizing the holder so to do,
issued by the | 74 |
|
proper authorities of Pennsylvania or of Ohio. | 75 |
| 2. Arrest and prosecution of offenders. That each state
shall | 76 |
|
enjoy and exercise a concurrent jurisdiction upon the water
(but | 77 |
|
not upon the dry land), between the shores of said lake,
including | 78 |
|
the islands therein, with respect to the arrest and
prosecution of | 79 |
|
offenders, but in such sort that any boat or
vessel fastened to or | 80 |
|
aground on the shore of either state shall
be considered | 81 |
|
exclusively within the jurisdiction of said state;
but that all | 82 |
|
capital and other offenses, trespasses, or damages
committed on or | 83 |
|
over said lake, the judicial investigation and
determination | 84 |
|
thereof shall be exclusively vested in the state
wherein the | 85 |
|
offender or person charged with such offense shall be
first | 86 |
|
apprehended, arrested, prosecuted, or first brought to
trial; it | 87 |
|
being the intent of this agreement that an offender may
be pursued | 88 |
|
and arrested anywhere on or over said lake or shores
thereof or | 89 |
|
islands therein, regardless of the boundary lines, by
any peace | 90 |
|
officers or persons of either state authorized to make
arrests, | 91 |
|
whether the offenses be committed on or over any part of
the lake, | 92 |
|
on the shores or islands therein, regardless of the
state in which | 93 |
|
the place where the offense was committed lies. | 94 |
| 4. Pollution of water. The lake shall be forever
protected | 97 |
|
against pollution of its waters by industrial trade
waste, | 98 |
|
individual, or municipal sewage from shore or boat, and
the | 99 |
|
discharge of any noxious or deleterious substance, liquid or | 100 |
|
solid, into the waters of the lake which is or may become | 101 |
|
inimical, or injurious, to public health or to animal or aquatic | 102 |
|
life is hereby expressly forbidden. | 103 |
5. Boats and vesselsWatercraft. No person shall operate any | 107 |
|
watercraft propelled by a single motor, or any combination of | 108 |
motors, that produces a horsepower rating in excess of tentwenty | 109 |
horsepower on Pymatuning Lake, except a pontoon boat sixteen feet | 110 |
in length or longer propelled by a single motor, or any | 111 |
combination of motors, that produces a horsepower rating of twenty | 112 |
horsepower or less and police or administration watercraft, the | 113 |
|
number of
which shall be mutually agreed upon by the parties | 114 |
|
hereto. | 115 |
| No person shall operate a watercraft without
first obtaining | 116 |
|
a license from the respective state of which the
owner is a | 117 |
|
resident under such regulations as each party to this
agreement | 118 |
|
may now have or hereafter adopt. Provided nevertheless that
the | 119 |
|
use of any type of watercraft equipped with a motor is expressly | 120 |
|
limited and
restricted to that portion of the lake extending from | 121 |
|
the main
dam near Jamestown northwardly to the causeway at or near | 122 |
Linesville. Watercraft equipped with a
motor in excess of tena | 123 |
|
twenty horsepower rating may be operated on said
lake so long as | 124 |
such motor is not used, except for a pontoon boat that is sixteen | 125 |
feet in length or longer. | 126 |
Any one who violates any of the provisions of this
subsection | 134 |
or who operates any boat equipped with a motor on the
lake without | 135 |
being authorized to do so under the provisions of
this | 136 |
subdivision, shall, upon conviction thereof, be sentenced in | 137 |
|
accordance with the applicable laws for the same or similar | 138 |
|
violations within the prosecuting jurisdiction, provided that the | 139 |
|
penalty for said violation shall not exceed a fine of five hundred | 140 |
|
dollars or imprisonment for thirty days. | 141 |
| 6. Fishing. Any person possessing a duly issued fishing | 142 |
|
license by either state shall be permitted to fish anywhere on
the | 143 |
|
entire lake (except such portion thereof as is closed to
fishing | 144 |
|
by paragraph 8 hereof or such further portion as may
hereafter by | 145 |
|
regulation be mutually agreed to by the parties
hereto), but no | 146 |
|
fisher shall be entitled to fish from
the
shores of the state of | 147 |
|
which the fisher is a nonresident
unless the fisher
complies with | 148 |
|
the nonresident fishing license law of said state. | 149 |
| 7. Reciprocal hunting rights. Reciprocal hunting rights
are | 158 |
|
hereby granted to the licensed hunters of each state on the
water | 159 |
|
of that portion of the lake, both in Pennsylvania and Ohio,
over | 160 |
|
the area bounded on the south by an east and west line
crossing | 161 |
|
the state boundary 0.5 of a mile north of Simons, Ohio,
and on the | 162 |
|
north by a line drawn between the point at which the
Padanaram | 163 |
|
road crosses the state boundary and a point formerly
known as the | 164 |
|
Polleck bridge, but such reciprocal hunting rights
hereby granted | 165 |
|
shall extend only to such wild migratory birds as
are covered by | 166 |
|
the federal migratory bird treaty and federal laws
adopted | 167 |
|
thereunder. | 168 |
| 8. Wild game and fish sanctuaries. A. The game
commission of | 176 |
|
the state of Pennsylvania, having established a
wild migratory | 177 |
|
bird and game sanctuary or refuge in that part of
the lake located | 178 |
|
southeast of the Pennsylvania railroad crossing,
it is expressly | 179 |
|
agreed that nothing herein contained shall be
interpreted as | 180 |
|
entitling the residents of either state, whether
licensed to fish | 181 |
|
or hunt, or otherwise, to fish in, hunt,
trespass, or enter upon | 182 |
|
said sanctuary for any
purpose whatsoever. Anyone so doing shall | 183 |
|
become amenable to prosecution
therefor under the game laws of the | 184 |
|
state of Pennsylvania
applicable to game refuges. | 185 |
| Beginning at a point in the west line of lot No. 79, that
is | 193 |
|
1523 feet south of the north line of lot No. 79; also being
the | 194 |
|
center line of Padanaram road; thence southerly along the
county | 195 |
|
highway along the westerly side of lot No. 79, 1869.5 feet
to the | 196 |
|
north line of Andover township; thence westerly along the | 197 |
|
northerly line of Andover township, 939.7 feet to the northwest | 198 |
|
corner of lot No. 41; thence southerly along the highway that | 199 |
|
marks the westerly line of lot No. 41, 2809.8 feet to the north | 200 |
|
line of lot No. 42; thence easterly along the north line of lot | 201 |
|
No. 42, 1000 feet to a point; thence in a southerly direction | 202 |
|
parallel to and 1000 feet easterly from the westerly line of lot | 203 |
|
No. 42, 2734 feet, more or less, to the southerly line of lot No. | 204 |
|
42; thence easterly along the said southerly line of lot No. 42, | 205 |
|
5180.4 feet to the Ohio and Pennsylvania state line; thence | 206 |
|
northerly along the said Ohio and Pennsylvania state line, 7297.6 | 207 |
|
feet, more or less, to a point that is 1523 feet southerly from | 208 |
|
the north line of lot No. 80; thence in a westerly direction,
1523 | 209 |
|
feet southerly from and parallel to the north lines of lots
Nos. | 210 |
|
79 and 80, 5260 feet, more or less, to the place of
beginning. | 211 |
| It is expressly agreed that nothing herein contained shall
be | 212 |
|
interpreted as entitling the residents of either state,
whether | 213 |
|
licensed to fish or otherwise, to fish in, hunt, trespass,
or | 214 |
|
enter upon said sanctuary for any purpose whatsoever. Anyone
so | 215 |
|
doing shall become amenable to prosecution therefor under the
laws | 216 |
|
of the state of Ohio applicable thereto. | 217 |
| 9. Reservation of Pennsylvania's right to the body of the | 218 |
|
water. It is expressly agreed that nothing herein contained
shall | 219 |
|
operate to deny, limit, or restrict the right of the water
and | 220 |
|
power resources board of Pennsylvania, or any authority | 221 |
|
established hereafter by said state to exercise such power, to at | 222 |
|
any time now or hereafter, raise or draw off so much of the
waters | 223 |
|
of the lake as in its sole judgment may be necessary to
maintain | 224 |
|
or regulate the flow of the Shenango and Beaver rivers
in | 225 |
|
furtherance of the primary purpose for which said lake was | 226 |
|
established, and said water and power resources board shall, | 227 |
|
without let or hindrance, have the full right irrespective of | 228 |
|
other considerations, to release so much of the water as they may | 229 |
|
deem proper to maintain the flow of the Shenango and Beaver | 230 |
|
rivers, irrespective of its effect on the level of the lake or
use | 231 |
|
thereof for other purposes. | 232 |
Sec. 1547.14. (A) Except on the waters of Lake Erie, the
| 253 |
Ohio River,or Lake Erie and
immediately connected harbors and
| 254 |
anchorage facilitiesbays, any person who rides
or attempts to
| 255 |
|
ride upon one or more water skis, surfboard, or similar device,
or
| 256 |
|
who engages or attempts to engage in barefoot skiing, and any
| 257 |
|
person who
operates a vessel towing a person riding or
attempting
| 258 |
|
to ride on one or more
water skis, surfboard, or
similar device,
| 259 |
|
or engaging or attempting to engage
in barefoot
skiing, shall
| 260 |
|
confine that activity to the water area within a
designated ski
| 261 |
|
zone on all bodies of water on which a
ski zone has
been
| 262 |
|
established.
| 263 |
| (F) Whoever violates division (M) of section 1547.54,
| 306 |
|
division (G) of section 1547.30, or section 1547.131, 1547.25,
| 307 |
|
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
| 308 |
|
of the
Revised Code or a rule adopted under division (A)(2) of
| 309 |
|
section
1547.52 of the Revised Code is guilty of a misdemeanor of
| 310 |
|
the
fourth degree.
| 311 |
| The court may suspend the execution of the mandatory
jail
| 321 |
|
term of three
consecutive days
that it is required
to impose by
| 322 |
|
division (G)(1) of this section if the court, in
lieu
of the
| 323 |
|
suspended
jail term, places the offender
under a community control
| 324 |
|
sanction pursuant to section
2929.25 of the Revised Code
and
| 325 |
|
requires the
offender to attend,
for three consecutive days, a
| 326 |
|
drivers'
intervention program that
is certified pursuant to
| 327 |
|
section
3793.10 of the Revised Code. The
court also may suspend
| 328 |
|
the
execution of any part of the mandatory
jail term of three
| 329 |
|
consecutive days
that it is
required to impose by division
(G)(1)
| 330 |
|
of this section if
the court
places the offender
under a community
| 331 |
|
control
sanction pursuant to section 2929.25 of the Revised Code
| 332 |
|
for
part
of the three
consecutive days; requires the offender to
| 333 |
|
attend,
for that part
of the three consecutive days, a drivers'
| 334 |
|
intervention program
that is certified pursuant to section 3793.10
| 335 |
|
of the Revised
Code; and sentences the offender to a
jail term
| 336 |
|
equal
to the remainder of the three consecutive days
that the
| 337 |
|
offender
does not spend attending the drivers'
intervention
| 338 |
|
program. The
court may require the offender, as a
condition of
| 339 |
|
community control, to
attend and
satisfactorily complete any
| 340 |
|
treatment or education
programs, in
addition to the required
| 341 |
|
attendance at a drivers'
intervention
program, that the operators
| 342 |
|
of the drivers'
intervention program
determine that the offender
| 343 |
|
should attend
and to report
periodically to the court on the
| 344 |
|
offender's progress
in the
programs. The court also may impose
any
| 345 |
|
other conditions of
community control on the offender that it
| 346 |
|
considers
necessary.
| 347 |
| (2) If, within
six years of the offense, the offender
has
| 348 |
|
been convicted of or pleaded guilty to one violation of
section
| 349 |
|
1547.11 of the Revised Code, of a municipal ordinance
relating to
| 350 |
|
operating a watercraft or manipulating any water skis,
aquaplane,
| 351 |
|
or similar device while under the influence of alcohol,
a drug of
| 352 |
|
abuse, or
a combination of
them, of a municipal ordinance
relating
| 353 |
|
to operating a watercraft
or manipulating any water
skis,
| 354 |
|
aquaplane, or similar device with
a prohibited
concentration of
| 355 |
|
alcohol, a controlled substance, or a metabolite of a controlled
| 356 |
|
substance in the
whole blood,
blood
serum or plasma, breath, or
| 357 |
|
urine, of division
(A)(1) of
section
2903.06 of the Revised Code,
| 358 |
|
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
| 359 |
|
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
| 360 |
|
they existed prior to March 23,
2000, in a case in which
the jury
| 361 |
|
or judge found that the offender
was under the influence
of
| 362 |
|
alcohol, a drug of abuse, or
a combination of them, the
court
| 363 |
|
shall
sentence the offender to a
jail term
of
ten
consecutive
days
| 364 |
|
and may sentence the offender pursuant to
section
2929.24 of
the
| 365 |
|
Revised Code to a longer
jail term. In
addition,
the court shall
| 366 |
|
impose upon the
offender a fine of not
less than
one hundred fifty
| 367 |
|
nor more than
one thousand dollars.
| 368 |
| (3) If, within
six years of the offense, the offender
has
| 373 |
|
been convicted of or pleaded guilty to more than one violation
| 374 |
|
identified in
division (G)(2) of this section,
the court shall
| 375 |
|
sentence the offender to a
jail term
of thirty
consecutive days
| 376 |
|
and may sentence the
offender to a longer
jail
term
of not more
| 377 |
|
than one
year. In addition, the
court
shall impose upon the
| 378 |
|
offender a
fine of not less than one
hundred
fifty nor more than
| 379 |
|
one
thousand dollars.
| 380 |
| (4) Upon a showing that
serving a jail term
would seriously
| 385 |
|
affect
the ability of an offender sentenced
pursuant to division
| 386 |
|
(G)(1),
(2), or (3) of this section to
continue the offender's
| 387 |
|
employment,
the court may authorize that
the offender be granted
| 388 |
|
work release
after the
offender has served the
mandatory jail term
| 389 |
|
of three, ten,
or
thirty consecutive days
that the court is
| 390 |
|
required
by division (G)(1), (2), or (3) of this section to
| 391 |
|
impose. No
court shall authorize work release
during the
mandatory
| 392 |
|
jail term of
three, ten, or thirty consecutive days
that the
court
| 393 |
|
is required by division (G)(1), (2),
or (3) of
this section
to
| 394 |
|
impose. The duration of the work
release shall
not exceed the
time
| 395 |
|
necessary each day for the
offender to
commute to and from
the
| 396 |
|
place of employment and the
place
in which the jail term is served
| 397 |
|
and the
time
actually spent under employment.
| 398 |
| (5) Notwithstanding any section of the Revised Code that
| 399 |
|
authorizes the suspension of the imposition or execution of a
| 400 |
|
sentence or the placement of an offender in any treatment program
| 401 |
|
in lieu of
being imprisoned or serving a jail term,
no court shall
| 402 |
|
suspend the
mandatory jail term of ten or thirty
consecutive days
| 403 |
|
required to be imposed by
division (G)(2) or (3) of this section
| 404 |
|
or place an offender who
is
sentenced pursuant to division (G)(2)
| 405 |
|
or (3) of this section
in
any treatment program in lieu of
being
| 406 |
|
imprisoned or
serving a jail term until after the
offender has
| 407 |
|
served the
mandatory jail term of ten or thirty consecutive days
| 408 |
|
required to be imposed pursuant to division (G)(2)
or
(3) of this
| 409 |
|
section. Notwithstanding any section of the
Revised
Code that
| 410 |
|
authorizes the suspension of the imposition or
execution
of a
| 411 |
|
sentence or the placement of an offender in any
treatment
program
| 412 |
|
in lieu of
being imprisoned or serving a jail
term, no court,
| 413 |
|
except as
specifically
authorized by division
(G)(1) of this
| 414 |
|
section, shall
suspend the
mandatory jail term of
three
| 415 |
|
consecutive days
required to be
imposed by
division (G)(1) of this
| 416 |
|
section or place an offender
who is
sentenced pursuant to division
| 417 |
|
(G)(1) of this section in
any
treatment program in lieu of
| 418 |
|
imprisonment until after the
offender
has served the
mandatory
| 419 |
|
jail term of three consecutive days
required to
be imposed
| 420 |
|
pursuant to division (G)(1) of
this
section.
| 421 |
| (H) Whoever violates section 1547.304 of the Revised Code
is
| 425 |
|
guilty of a misdemeanor of the fourth degree and also shall be
| 426 |
|
assessed any costs incurred by the state or a county, township,
| 427 |
|
municipal corporation, or other political subdivision in
disposing
| 428 |
|
of an abandoned junk vessel or outboard motor, less any
money
| 429 |
|
accruing to the state, county, township, municipal
corporation, or
| 430 |
|
other political subdivision from that
disposal.
| 431 |
| (L) The sentencing court, in addition to the penalty
provided
| 444 |
|
under this section for a violation of this chapter or a
rule
| 445 |
|
adopted under it
that involves a powercraft powered by more
than
| 446 |
|
ten horsepower and that, in
the opinion of the court,
involves a
| 447 |
|
threat to the safety of persons or
property, shall
order the
| 448 |
|
offender to complete successfully a boating course
approved by the
| 449 |
|
national association of state boating law
administrators
before
| 450 |
|
the offender is allowed to operate a
powercraft powered by more
| 451 |
|
than
ten horsepower on the waters in
this state. Violation of a
| 452 |
|
court order
entered under this
division is punishable as contempt
| 453 |
|
under Chapter
2705. of the
Revised Code.
| 454 |
| Sec. 1548.032. (A)(1) If a person who is not an electronic
| 455 |
|
watercraft dealer owns a watercraft or outboard motor for which a
| 456 |
|
physical
certificate of title
has not been issued by a clerk of a
| 457 |
|
court of
common pleas and the person sells the watercraft or
| 458 |
|
outboard motor to a watercraft dealer registered under section
| 459 |
|
1547.543 of the Revised Code, the person is not required to
obtain
| 460 |
|
a physical certificate of title to the watercraft or outboard
| 461 |
|
motor in
order to transfer ownership to the dealer. The person
| 462 |
|
shall
present the dealer, in a manner approved by the chief of the
| 463 |
|
division of watercraft,
with sufficient proof of the person's
| 464 |
|
identity
and
complete and sign a form prescribed by the chief
| 465 |
|
attesting to
the person's identity and assigning the
watercraft or
| 466 |
|
outboard motor to the
dealer. Except as otherwise provided in this
| 467 |
|
section, the watercraft dealer shall present the assignment form
| 468 |
|
to any clerk of a court of common pleas together with an
| 469 |
|
application for a certificate of title and payment of the fees
| 470 |
|
prescribed by section 1548.10 of the Revised Code.
| 471 |
| In a case in which an electronic certificate of title has
| 472 |
|
been issued and either the buyer or seller of the watercraft or
| 473 |
|
outboard motor is an electronic watercraft dealer, the electronic
| 474 |
|
watercraft dealer
instead may inform a
clerk of a court of common
| 475 |
|
pleas via electronic means of
the sale
of
the watercraft or
| 476 |
|
outboard motor and assignment of ownership of the watercraft or
| 477 |
|
outboard motor. The clerk shall enter the information relating to
| 478 |
|
the
assignment into
the automated title processing system,
and
| 479 |
|
ownership
of the
watercraft or outboard motor passes to the
| 480 |
|
applicant when the clerk
enters this
information into the
system.
| 481 |
|
The dealer is not required to
obtain
a physical certificate of
| 482 |
|
title to the watercraft or outboard motor in the dealer's
name.
| 483 |
| (B) If a person who is not an electronic watercraft
dealer
| 489 |
|
owns a watercraft or outboard motor for which a physical
| 490 |
|
certificate of
title has
not been issued by a clerk of a court of
| 491 |
|
common pleas
and the person sells the
watercraft or outboard motor | 492 |
|
to a person who is not a watercraft dealer registered under
| 493 |
|
section 1547.543 of the Revised Code, the
person shall obtain a
| 494 |
|
physical certificate of title to the watercraft or outboard motor | 495 |
|
in order to
transfer ownership of the watercraft or outboard motor | 496 |
|
to
that person.
| 497 |