(3) "Cost or expense of remediation" means any cost or | 25 |
expense associated with any effort to remediate any abandoned | 26 |
land, abandoned land that is unoccupied, blighted parcel, or place | 27 |
of public amusement that is abandoned land, abandoned land that is | 28 |
unoccupied, or a blighted parcel, including, but not limited to, | 29 |
any cost or expense of any material, equipment, product, or labor | 30 |
used in or otherwise associated with the effort. | 31 |
(7) "Trespasser" means an individual who, without express or | 38 |
implied authorization, invitation, or inducement, enters abandoned | 39 |
land, abandoned land that is unoccupied, a blighted parcel, or a | 40 |
place of public amusement that is abandoned land, abandoned land | 41 |
that is unoccupied, or a blighted parcel purely for the | 42 |
individual's own purposes and convenience. | 43 |
(B) Subject to division (C) of this section, no owner of | 44 |
abandoned land, abandoned land that is unoccupied, a blighted | 45 |
parcel, or a place of public amusement that is abandoned land, | 46 |
abandoned land that is unoccupied, or a blighted parcel has a | 47 |
civil action, or may receive an award of damages in a civil | 48 |
action, against another person for the other person knowingly | 49 |
entering or remaining upon that land, parcel, or place of public | 50 |
amusement during the daylight hours from sunrise to sunset if the | 51 |
other person proves both of the following: | 52 |
(2) Before entering upon that land, parcel, or place of | 56 |
public amusement, the other person knew, or after duly | 57 |
investigating the matter had reasonable cause to believe, that the | 58 |
land was abandoned land or abandoned land that was unoccupied, | 59 |
that the parcel was a blighted parcel, or that the place of public | 60 |
amusement was a place of public amusement that was abandoned land, | 61 |
abandoned land that was unoccupied, or a blighted parcel. | 62 |
(D)(1) Subject to division (D)(2) of this section, no person | 65 |
who is a trespasser and who enters or remains on any abandoned | 66 |
land, abandoned land that is unoccupied, a blighted parcel, or a | 67 |
place of public amusement that is abandoned land, abandoned land | 68 |
that is unoccupied, or a blighted parcel in order to remediate | 69 |
that land, parcel, or place of public amusement has a civil | 70 |
action, or may receive an award of damages in a civil action, | 71 |
against the owner of that land, parcel, or place of public | 72 |
amusement.
| 73 |
(2) Division (D)(1) of this section does not apply with | 74 |
respect to any injury, death, or loss to person or property of a | 75 |
trespasser that occurred while the trespasser entered or remained | 76 |
on any abandoned land, abandoned land that is unoccupied, a | 77 |
blighted parcel, or a place of public amusement that is abandoned | 78 |
land, abandoned land that is unoccupied, or a blighted parcel, to | 79 |
the extent that section 2305.402 of the Revised Code provides for | 80 |
or governs civil liability with respect to the injury, death, or | 81 |
loss. | 82 |
(E)(1) Subject to division (E)(2) of this section, no person | 83 |
who enters or remains on any abandoned land, abandoned land that | 84 |
is unoccupied, blighted parcel, or place of public amusement that | 85 |
is abandoned land, abandoned land that is unoccupied, or a | 86 |
blighted parcel in order to remediate that land, parcel, or place | 87 |
of public amusement has a civil action, or may receive an award of | 88 |
damages in a civil action, against the owner of that land, parcel, | 89 |
or place of public amusement for reimbursement of any cost or | 90 |
expense of remediation.
| 91 |
(3) If an offender previously has been convicted of or | 130 |
pleaded guilty to two or more violations of this section or a | 131 |
substantially equivalent municipal ordinance, and the offender, in | 132 |
committing each violation, used a snowmobile, off-highway | 133 |
motorcycle, or all-purpose vehicle, the court, in addition to or | 134 |
independent of all other penalties imposed for the violation, may | 135 |
impound the certificate of registration of that snowmobile or | 136 |
off-highway motorcycle or the certificate of registration and | 137 |
license plate of that all-purpose vehicle for not less than sixty | 138 |
days. In such a case, section 4519.47 of the Revised Code applies. | 139 |
(F) Subject to division (G) of this section, it is an | 145 |
affirmative defense to a charge of a violation of this section | 146 |
that the person charged knowingly entered or remained on abandoned | 147 |
land, abandoned land that was unoccupied, a blighted parcel, or a | 148 |
place of public amusement that was abandoned land, abandoned land | 149 |
that was unoccupied, or a blighted parcel during the daylight | 150 |
hours from sunrise to sunset, without privilege to do so and that | 151 |
both of the following apply: | 152 |
(2) Before entering upon that land, parcel, or place of | 156 |
public amusement, the person knew, or after duly investigating the | 157 |
matter had reasonable cause to believe, that the land was | 158 |
abandoned land or abandoned land that was unoccupied, that the | 159 |
parcel was a blighted parcel, or that the place of public | 160 |
amusement was a place of public amusement that was abandoned land, | 161 |
abandoned land that was unoccupied, or a blighted parcel. | 162 |
(4) "Remediate" means to improve the landscaping, clean up | 174 |
litter, or repair dilapidated conditions on abandoned land, | 175 |
abandoned land that is unoccupied, a blighted parcel, or a place | 176 |
of public amusement that is abandoned land, abandoned land that is | 177 |
unoccupied, or a blighted parcel or to board up windows and doors | 178 |
on any building or structure that is located on the abandoned | 179 |
land, abandoned land that is unoccupied, blighted parcel, or place | 180 |
of public amusement. Remediate does not include any of the | 181 |
following: | 182 |
(b) Any act or conduct that results in any additional damage | 188 |
to abandoned land, abandoned land that is unoccupied, a blighted | 189 |
parcel, or a place of public amusement that is abandoned land, | 190 |
abandoned land that is unoccupied, or a blighted parcel or to any | 191 |
building or structure that is located on any such land, parcel, or | 192 |
place. | 193 |