| For the purpose of bringing a referendum petition against a | 33 |
|
soil and water conservation project under section 305.31 of the | 34 |
|
Revised Code, a resolution adopted by a joint board of county | 35 |
|
commissioners shall be considered to be a resolution adopted by | 36 |
|
the board of county commissioners of each county in the project | 37 |
|
area. The electors of any county in the project area may file a | 38 |
|
petition for referendum under that section against a resolution | 39 |
|
adopted by the joint board of county commissioners as if it had | 40 |
|
been adopted by the board of county commissioners for that county. | 41 |
|
The referendum shall be conducted only in the county in which the | 42 |
|
referendum petition was filed. The outcome of the referendum shall | 43 |
|
have effect in that county. Accordingly, if a majority of the | 44 |
|
electors in that county vote against the resolution adopted by the | 45 |
|
joint board of county commissioners, that county is not subject to | 46 |
|
the resolution. The electors of any county in the
project area in | 47 |
|
which no referendum petition was filed shall not
be eligible to | 48 |
|
vote in the referendum, and the outcome of a
referendum shall have | 49 |
|
effect only in the county in which the
referendum was held. Any | 50 |
|
county in the project area in which a
referendum is not held | 51 |
|
remains subject to the provisions of the
resolution adopted by the | 52 |
|
joint board of county commissioners for
the soil and water | 53 |
|
conservation district. | 54 |
Sec. 1547.14. (A) Except on the waters of Lake Erie, the
| 75 |
Ohio River,or Lake Erie and
immediately connected harbors and
| 76 |
anchorage facilitiesbays, any person who rides
or attempts to
| 77 |
|
ride upon one or more water skis, surfboard, or similar device,
or
| 78 |
|
who engages or attempts to engage in barefoot skiing, and any
| 79 |
|
person who
operates a vessel towing a person riding or
attempting
| 80 |
|
to ride on one or more
water skis, surfboard, or
similar device,
| 81 |
|
or engaging or attempting to engage
in barefoot
skiing, shall
| 82 |
|
confine that activity to the water area within a
designated ski
| 83 |
|
zone on all bodies of water on which a
ski zone has
been
| 84 |
|
established.
| 85 |
| (F) Whoever violates division (M) of section 1547.54,
| 128 |
|
division (G) of section 1547.30, or section 1547.131, 1547.25,
| 129 |
|
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
| 130 |
|
of the
Revised Code or a rule adopted under division (A)(2) of
| 131 |
|
section
1547.52 of the Revised Code is guilty of a misdemeanor of
| 132 |
|
the
fourth degree.
| 133 |
| The court may suspend the execution of the mandatory
jail
| 143 |
|
term of three
consecutive days
that it is required
to impose by
| 144 |
|
division (G)(1) of this section if the court, in
lieu
of the
| 145 |
|
suspended
jail term, places the offender
under a community control
| 146 |
|
sanction pursuant to section
2929.25 of the Revised Code
and
| 147 |
|
requires the
offender to attend,
for three consecutive days, a
| 148 |
|
drivers'
intervention program that
is certified pursuant to
| 149 |
|
section
3793.10 of the Revised Code. The
court also may suspend
| 150 |
|
the
execution of any part of the mandatory
jail term of three
| 151 |
|
consecutive days
that it is
required to impose by division
(G)(1)
| 152 |
|
of this section if
the court
places the offender
under a community
| 153 |
|
control
sanction pursuant to section 2929.25 of the Revised Code
| 154 |
|
for
part
of the three
consecutive days; requires the offender to
| 155 |
|
attend,
for that part
of the three consecutive days, a drivers'
| 156 |
|
intervention program
that is certified pursuant to section 3793.10
| 157 |
|
of the Revised
Code; and sentences the offender to a
jail term
| 158 |
|
equal
to the remainder of the three consecutive days
that the
| 159 |
|
offender
does not spend attending the drivers'
intervention
| 160 |
|
program. The
court may require the offender, as a
condition of
| 161 |
|
community control, to
attend and
satisfactorily complete any
| 162 |
|
treatment or education
programs, in
addition to the required
| 163 |
|
attendance at a drivers'
intervention
program, that the operators
| 164 |
|
of the drivers'
intervention program
determine that the offender
| 165 |
|
should attend
and to report
periodically to the court on the
| 166 |
|
offender's progress
in the
programs. The court also may impose
any
| 167 |
|
other conditions of
community control on the offender that it
| 168 |
|
considers
necessary.
| 169 |
| (2) If, within
six years of the offense, the offender
has
| 170 |
|
been convicted of or pleaded guilty to one violation of
section
| 171 |
|
1547.11 of the Revised Code, of a municipal ordinance
relating to
| 172 |
|
operating a watercraft or manipulating any water skis,
aquaplane,
| 173 |
|
or similar device while under the influence of alcohol,
a drug of
| 174 |
|
abuse, or
a combination of
them, of a municipal ordinance
relating
| 175 |
|
to operating a watercraft
or manipulating any water
skis,
| 176 |
|
aquaplane, or similar device with
a prohibited
concentration of
| 177 |
|
alcohol, a controlled substance, or a metabolite of a controlled
| 178 |
|
substance in the
whole blood,
blood
serum or plasma, breath, or
| 179 |
|
urine, of division
(A)(1) of
section
2903.06 of the Revised Code,
| 180 |
|
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
| 181 |
|
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
| 182 |
|
they existed prior to March 23,
2000, in a case in which
the jury
| 183 |
|
or judge found that the offender
was under the influence
of
| 184 |
|
alcohol, a drug of abuse, or
a combination of them, the
court
| 185 |
|
shall
sentence the offender to a
jail term
of
ten
consecutive
days
| 186 |
|
and may sentence the offender pursuant to
section
2929.24 of
the
| 187 |
|
Revised Code to a longer
jail term. In
addition,
the court shall
| 188 |
|
impose upon the
offender a fine of not
less than
one hundred fifty
| 189 |
|
nor more than
one thousand dollars.
| 190 |
| (3) If, within
six years of the offense, the offender
has
| 195 |
|
been convicted of or pleaded guilty to more than one violation
| 196 |
|
identified in
division (G)(2) of this section,
the court shall
| 197 |
|
sentence the offender to a
jail term
of thirty
consecutive days
| 198 |
|
and may sentence the
offender to a longer
jail
term
of not more
| 199 |
|
than one
year. In addition, the
court
shall impose upon the
| 200 |
|
offender a
fine of not less than one
hundred
fifty nor more than
| 201 |
|
one
thousand dollars.
| 202 |
| (4) Upon a showing that
serving a jail term
would seriously
| 207 |
|
affect
the ability of an offender sentenced
pursuant to division
| 208 |
|
(G)(1),
(2), or (3) of this section to
continue the offender's
| 209 |
|
employment,
the court may authorize that
the offender be granted
| 210 |
|
work release
after the
offender has served the
mandatory jail term
| 211 |
|
of three, ten,
or
thirty consecutive days
that the court is
| 212 |
|
required
by division (G)(1), (2), or (3) of this section to
| 213 |
|
impose. No
court shall authorize work release
during the
mandatory
| 214 |
|
jail term of
three, ten, or thirty consecutive days
that the
court
| 215 |
|
is required by division (G)(1), (2),
or (3) of
this section
to
| 216 |
|
impose. The duration of the work
release shall
not exceed the
time
| 217 |
|
necessary each day for the
offender to
commute to and from
the
| 218 |
|
place of employment and the
place
in which the jail term is served
| 219 |
|
and the
time
actually spent under employment.
| 220 |
| (5) Notwithstanding any section of the Revised Code that
| 221 |
|
authorizes the suspension of the imposition or execution of a
| 222 |
|
sentence or the placement of an offender in any treatment program
| 223 |
|
in lieu of
being imprisoned or serving a jail term,
no court shall
| 224 |
|
suspend the
mandatory jail term of ten or thirty
consecutive days
| 225 |
|
required to be imposed by
division (G)(2) or (3) of this section
| 226 |
|
or place an offender who
is
sentenced pursuant to division (G)(2)
| 227 |
|
or (3) of this section
in
any treatment program in lieu of
being
| 228 |
|
imprisoned or
serving a jail term until after the
offender has
| 229 |
|
served the
mandatory jail term of ten or thirty consecutive days
| 230 |
|
required to be imposed pursuant to division (G)(2)
or
(3) of this
| 231 |
|
section. Notwithstanding any section of the
Revised
Code that
| 232 |
|
authorizes the suspension of the imposition or
execution
of a
| 233 |
|
sentence or the placement of an offender in any
treatment
program
| 234 |
|
in lieu of
being imprisoned or serving a jail
term, no court,
| 235 |
|
except as
specifically
authorized by division
(G)(1) of this
| 236 |
|
section, shall
suspend the
mandatory jail term of
three
| 237 |
|
consecutive days
required to be
imposed by
division (G)(1) of this
| 238 |
|
section or place an offender
who is
sentenced pursuant to division
| 239 |
|
(G)(1) of this section in
any
treatment program in lieu of
| 240 |
|
imprisonment until after the
offender
has served the
mandatory
| 241 |
|
jail term of three consecutive days
required to
be imposed
| 242 |
|
pursuant to division (G)(1) of
this
section.
| 243 |
| (H) Whoever violates section 1547.304 of the Revised Code
is
| 247 |
|
guilty of a misdemeanor of the fourth degree and also shall be
| 248 |
|
assessed any costs incurred by the state or a county, township,
| 249 |
|
municipal corporation, or other political subdivision in
disposing
| 250 |
|
of an abandoned junk vessel or outboard motor, less any
money
| 251 |
|
accruing to the state, county, township, municipal
corporation, or
| 252 |
|
other political subdivision from that
disposal.
| 253 |
| (L) The sentencing court, in addition to the penalty
provided
| 266 |
|
under this section for a violation of this chapter or a
rule
| 267 |
|
adopted under it
that involves a powercraft powered by more
than
| 268 |
|
ten horsepower and that, in
the opinion of the court,
involves a
| 269 |
|
threat to the safety of persons or
property, shall
order the
| 270 |
|
offender to complete successfully a boating course
approved by the
| 271 |
|
national association of state boating law
administrators
before
| 272 |
|
the offender is allowed to operate a
powercraft powered by more
| 273 |
|
than
ten horsepower on the waters in
this state. Violation of a
| 274 |
|
court order
entered under this
division is punishable as contempt
| 275 |
|
under Chapter
2705. of the
Revised Code.
| 276 |
| Sec. 1548.032. (A)(1) If a person who is not an electronic
| 277 |
|
watercraft dealer owns a watercraft or outboard motor for which a
| 278 |
|
physical
certificate of title
has not been issued by a clerk of a
| 279 |
|
court of
common pleas and the person sells the watercraft or
| 280 |
|
outboard motor to a watercraft dealer registered under section
| 281 |
|
1547.543 of the Revised Code, the person is not required to
obtain
| 282 |
|
a physical certificate of title to the watercraft or outboard
| 283 |
|
motor in
order to transfer ownership to the dealer. The person
| 284 |
|
shall
present the dealer, in a manner approved by the chief of the
| 285 |
|
division of watercraft,
with sufficient proof of the person's
| 286 |
|
identity
and
complete and sign a form prescribed by the chief
| 287 |
|
attesting to
the person's identity and assigning the
watercraft or
| 288 |
|
outboard motor to the
dealer. Except as otherwise provided in this
| 289 |
|
section, the watercraft dealer shall present the assignment form
| 290 |
|
to any clerk of a court of common pleas together with an
| 291 |
|
application for a certificate of title and payment of the fees
| 292 |
|
prescribed by section 1548.10 of the Revised Code.
| 293 |
| In a case in which an electronic certificate of title has
| 294 |
|
been issued and either the buyer or seller of the watercraft or
| 295 |
|
outboard motor is an electronic watercraft dealer, the electronic
| 296 |
|
watercraft dealer
instead may inform a
clerk of a court of common
| 297 |
|
pleas via electronic means of
the sale
of
the watercraft or
| 298 |
|
outboard motor and assignment of ownership of the watercraft or
| 299 |
|
outboard motor. The clerk shall enter the information relating to
| 300 |
|
the
assignment into
the automated title processing system,
and
| 301 |
|
ownership
of the
watercraft or outboard motor passes to the
| 302 |
|
applicant when the clerk
enters this
information into the
system.
| 303 |
|
The dealer is not required to
obtain
a physical certificate of
| 304 |
|
title to the watercraft or outboard motor in the dealer's
name.
| 305 |
| (B) If a person who is not an electronic watercraft
dealer
| 311 |
|
owns a watercraft or outboard motor for which a physical
| 312 |
|
certificate of
title has
not been issued by a clerk of a court of
| 313 |
|
common pleas
and the person sells the
watercraft or outboard motor | 314 |
|
to a person who is not a watercraft dealer registered under
| 315 |
|
section 1547.543 of the Revised Code, the
person shall obtain a
| 316 |
|
physical certificate of title to the watercraft or outboard motor | 317 |
|
in order to
transfer ownership of the watercraft or outboard motor | 318 |
|
to
that person.
| 319 |