Sec. 1547.14. (A) Except on the waters of Lake Erie, the | 28 |
Ohio River,or Lake Erie and
immediately connected harbors and | 29 |
anchorage facilitiesbays, any person who rides
or attempts to | 30 |
|
ride upon one or more water skis, surfboard, or similar device,
or | 31 |
|
who engages or attempts to engage in barefoot skiing, and any | 32 |
|
person who
operates a vessel towing a person riding or
attempting | 33 |
|
to ride on one or more
water skis, surfboard, or
similar device, | 34 |
|
or engaging or attempting to engage
in barefoot
skiing, shall | 35 |
|
confine that activity to the water area within a
designated ski | 36 |
|
zone on all bodies of water on which a
ski zone has
been | 37 |
|
established. | 38 |
| (F) Whoever violates division (M) of section 1547.54, | 81 |
|
division (G) of section 1547.30, or section 1547.131, 1547.25, | 82 |
|
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92 | 83 |
|
of the
Revised Code or a rule adopted under division (A)(2) of | 84 |
|
section
1547.52 of the Revised Code is guilty of a misdemeanor of | 85 |
|
the
fourth degree. | 86 |
| The court may suspend the execution of the mandatory
jail | 96 |
|
term of three
consecutive days
that it is required
to impose by | 97 |
|
division (G)(1) of this section if the court, in
lieu
of the | 98 |
|
suspended
jail term, places the offender
under a community control | 99 |
|
sanction pursuant to section
2929.25 of the Revised Code
and | 100 |
|
requires the
offender to attend,
for three consecutive days, a | 101 |
|
drivers'
intervention program that
is certified pursuant to | 102 |
|
section
3793.10 of the Revised Code. The
court also may suspend | 103 |
|
the
execution of any part of the mandatory
jail term of three | 104 |
|
consecutive days
that it is
required to impose by division
(G)(1) | 105 |
|
of this section if
the court
places the offender
under a community | 106 |
|
control
sanction pursuant to section 2929.25 of the Revised Code | 107 |
|
for
part
of the three
consecutive days; requires the offender to | 108 |
|
attend,
for that part
of the three consecutive days, a drivers' | 109 |
|
intervention program
that is certified pursuant to section 3793.10 | 110 |
|
of the Revised
Code; and sentences the offender to a
jail term
| 111 |
|
equal
to the remainder of the three consecutive days
that the | 112 |
|
offender
does not spend attending the drivers'
intervention | 113 |
|
program. The
court may require the offender, as a
condition of
| 114 |
|
community control, to
attend and
satisfactorily complete any | 115 |
|
treatment or education
programs, in
addition to the required | 116 |
|
attendance at a drivers'
intervention
program, that the operators | 117 |
|
of the drivers'
intervention program
determine that the offender | 118 |
|
should attend
and to report
periodically to the court on the | 119 |
|
offender's progress
in the
programs. The court also may impose
any | 120 |
|
other conditions of
community control on the offender that it | 121 |
|
considers
necessary. | 122 |
| (2) If, within
six years of the offense, the offender
has | 123 |
|
been convicted of or pleaded guilty to one violation of
section | 124 |
|
1547.11 of the Revised Code, of a municipal ordinance
relating to | 125 |
|
operating a watercraft or manipulating any water skis,
aquaplane, | 126 |
|
or similar device while under the influence of alcohol,
a drug of | 127 |
|
abuse, or
a combination of
them, of a municipal ordinance
relating | 128 |
|
to operating a watercraft
or manipulating any water
skis, | 129 |
|
aquaplane, or similar device with
a prohibited
concentration of | 130 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 131 |
|
substance in the
whole blood,
blood
serum or plasma, breath, or | 132 |
|
urine, of division
(A)(1) of
section
2903.06 of the Revised Code, | 133 |
|
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the | 134 |
|
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as | 135 |
|
they existed prior to March 23,
2000, in a case in which
the jury | 136 |
|
or judge found that the offender
was under the influence
of | 137 |
|
alcohol, a drug of abuse, or
a combination of them, the
court | 138 |
|
shall
sentence the offender to a
jail term
of
ten
consecutive
days | 139 |
|
and may sentence the offender pursuant to
section
2929.24 of
the | 140 |
|
Revised Code to a longer
jail term. In
addition,
the court shall | 141 |
|
impose upon the
offender a fine of not
less than
one hundred fifty | 142 |
|
nor more than
one thousand dollars. | 143 |
| (3) If, within
six years of the offense, the offender
has | 148 |
|
been convicted of or pleaded guilty to more than one violation | 149 |
|
identified in
division (G)(2) of this section,
the court shall | 150 |
|
sentence the offender to a
jail term
of thirty
consecutive days | 151 |
|
and may sentence the
offender to a longer
jail
term
of not more | 152 |
|
than one
year. In addition, the
court
shall impose upon the | 153 |
|
offender a
fine of not less than one
hundred
fifty nor more than | 154 |
|
one
thousand dollars. | 155 |
| (4) Upon a showing that
serving a jail term
would seriously | 160 |
|
affect
the ability of an offender sentenced
pursuant to division | 161 |
|
(G)(1),
(2), or (3) of this section to
continue the offender's | 162 |
|
employment,
the court may authorize that
the offender be granted | 163 |
|
work release
after the
offender has served the
mandatory jail term | 164 |
|
of three, ten,
or
thirty consecutive days
that the court is | 165 |
|
required
by division (G)(1), (2), or (3) of this section to | 166 |
|
impose. No
court shall authorize work release
during the
mandatory | 167 |
|
jail term of
three, ten, or thirty consecutive days
that the
court | 168 |
|
is required by division (G)(1), (2),
or (3) of
this section
to | 169 |
|
impose. The duration of the work
release shall
not exceed the
time | 170 |
|
necessary each day for the
offender to
commute to and from
the | 171 |
|
place of employment and the
place
in which the jail term is served | 172 |
|
and the
time
actually spent under employment. | 173 |
| (5) Notwithstanding any section of the Revised Code that | 174 |
|
authorizes the suspension of the imposition or execution of a | 175 |
|
sentence or the placement of an offender in any treatment program | 176 |
|
in lieu of
being imprisoned or serving a jail term,
no court shall | 177 |
|
suspend the
mandatory jail term of ten or thirty
consecutive days
| 178 |
|
required to be imposed by
division (G)(2) or (3) of this section | 179 |
|
or place an offender who
is
sentenced pursuant to division (G)(2) | 180 |
|
or (3) of this section
in
any treatment program in lieu of
being | 181 |
|
imprisoned or
serving a jail term until after the
offender has | 182 |
|
served the
mandatory jail term of ten or thirty consecutive days
| 183 |
|
required to be imposed pursuant to division (G)(2)
or
(3) of this | 184 |
|
section. Notwithstanding any section of the
Revised
Code that | 185 |
|
authorizes the suspension of the imposition or
execution
of a | 186 |
|
sentence or the placement of an offender in any
treatment
program | 187 |
|
in lieu of
being imprisoned or serving a jail
term, no court, | 188 |
|
except as
specifically
authorized by division
(G)(1) of this | 189 |
|
section, shall
suspend the
mandatory jail term of
three | 190 |
|
consecutive days
required to be
imposed by
division (G)(1) of this | 191 |
|
section or place an offender
who is
sentenced pursuant to division | 192 |
|
(G)(1) of this section in
any
treatment program in lieu of | 193 |
|
imprisonment until after the
offender
has served the
mandatory | 194 |
|
jail term of three consecutive days
required to
be imposed | 195 |
|
pursuant to division (G)(1) of
this
section. | 196 |
| (H) Whoever violates section 1547.304 of the Revised Code
is | 200 |
|
guilty of a misdemeanor of the fourth degree and also shall be | 201 |
|
assessed any costs incurred by the state or a county, township, | 202 |
|
municipal corporation, or other political subdivision in
disposing | 203 |
|
of an abandoned junk vessel or outboard motor, less any
money | 204 |
|
accruing to the state, county, township, municipal
corporation, or | 205 |
|
other political subdivision from that
disposal. | 206 |
| (L) The sentencing court, in addition to the penalty
provided | 219 |
|
under this section for a violation of this chapter or a
rule | 220 |
|
adopted under it
that involves a powercraft powered by more
than | 221 |
|
ten horsepower and that, in
the opinion of the court,
involves a | 222 |
|
threat to the safety of persons or
property, shall
order the | 223 |
|
offender to complete successfully a boating course
approved by the | 224 |
|
national association of state boating law
administrators
before | 225 |
|
the offender is allowed to operate a
powercraft powered by more | 226 |
|
than
ten horsepower on the waters in
this state. Violation of a | 227 |
|
court order
entered under this
division is punishable as contempt | 228 |
|
under Chapter
2705. of the
Revised Code. | 229 |
| Sec. 1548.032. (A)(1) If a person who is not an electronic
| 230 |
|
watercraft dealer owns a watercraft or outboard motor for which a | 231 |
|
physical
certificate of title
has not been issued by a clerk of a | 232 |
|
court of
common pleas and the person sells the watercraft or | 233 |
|
outboard motor to a watercraft dealer registered under section | 234 |
|
1547.543 of the Revised Code, the person is not required to
obtain | 235 |
|
a physical certificate of title to the watercraft or outboard | 236 |
|
motor in
order to transfer ownership to the dealer. The person | 237 |
|
shall
present the dealer, in a manner approved by the chief of the | 238 |
|
division of watercraft,
with sufficient proof of the person's | 239 |
|
identity
and
complete and sign a form prescribed by the chief
| 240 |
|
attesting to
the person's identity and assigning the
watercraft or | 241 |
|
outboard motor to the
dealer. Except as otherwise provided in this | 242 |
|
section, the watercraft dealer shall present the assignment form | 243 |
|
to any clerk of a court of common pleas together with an | 244 |
|
application for a certificate of title and payment of the fees | 245 |
|
prescribed by section 1548.10 of the Revised Code. | 246 |
| In a case in which an electronic certificate of title has | 247 |
|
been issued and either the buyer or seller of the watercraft or | 248 |
|
outboard motor is an electronic watercraft dealer, the electronic | 249 |
|
watercraft dealer
instead may inform a
clerk of a court of common | 250 |
|
pleas via electronic means of
the sale
of
the watercraft or | 251 |
|
outboard motor and assignment of ownership of the watercraft or | 252 |
|
outboard motor. The clerk shall enter the information relating to | 253 |
|
the
assignment into
the automated title processing system,
and
| 254 |
|
ownership
of the
watercraft or outboard motor passes to the | 255 |
|
applicant when the clerk
enters this
information into the
system. | 256 |
|
The dealer is not required to
obtain
a physical certificate of
| 257 |
|
title to the watercraft or outboard motor in the dealer's
name. | 258 |
| (B) If a person who is not an electronic watercraft
dealer
| 264 |
|
owns a watercraft or outboard motor for which a physical | 265 |
|
certificate of
title has
not been issued by a clerk of a court of | 266 |
|
common pleas
and the person sells the
watercraft or outboard motor | 267 |
|
to a person who is not a watercraft dealer registered under | 268 |
|
section 1547.543 of the Revised Code, the
person shall obtain a
| 269 |
|
physical certificate of title to the watercraft or outboard motor | 270 |
|
in order to
transfer ownership of the watercraft or outboard motor | 271 |
|
to
that person. | 272 |