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| To amend section 2911.21 and to enact sections | 1 |
| 2305.117 and 2305.118 of the Revised Code to | 2 |
| provide that a person is not criminally or civilly | 3 |
| liable for trespassing on certain abandoned land | 4 |
| or similar places of public amusement if the | 5 |
| person enters or remains on the land or place of | 6 |
| public amusement to remediate it and knows or has | 7 |
| reasonable cause to believe that the land or place | 8 |
| of public amusement is in one of those categories; | 9 |
| to establish a court process to allow a person to | 10 |
| request and receive permission to enter certain | 11 |
| abandoned land or similar places of public | 12 |
| amusement in order to remediate that land; to | 13 |
| provide that a person is not civilly liable for | 14 |
| trespassing on that land if the person has | 15 |
| received an order from the court granting such | 16 |
| permission; to provide the property owner with | 17 |
| immunity from liability to a person who enters or | 18 |
| remains on the land or place of public amusement | 19 |
| in those circumstances subject to the statute | 20 |
| governing liability to trespassers; and to provide | 21 |
| that a person who enters or remains on the land or | 22 |
| place of public amusement in those circumstances | 23 |
| is not entitled to any reimbursement for any cost | 24 |
| of the remediation unless agreed to by the | 25 |
| property owner. | 26 |
| Section 1. That section 2911.21 be amended and sections | 27 |
| 2305.117 and 2305.118 of the Revised Code be enacted to read as | 28 |
| follows: | 29 |
| Sec. 2305.117. (A) As used in this section and section | 30 |
| 2305.118 of the Revised Code: | 31 |
| (1) "Abandoned land" has the same meaning as in section | 32 |
| 323.65 of the Revised Code. | 33 |
| (2) "Manufactured home" has the same meaning as in section | 34 |
| 3781.06 of the Revised Code. | 35 |
| (3) "Mobile home," "park trailer," and "travel trailer" have | 36 |
| the same meanings as in section 4501.01 of the Revised Code. | 37 |
| (4) "Place of public amusement" has the same meaning as in | 38 |
| section 2911.23 of the Revised Code. | 39 |
| (5) "Railroad" has the same meaning as in section 4907.02 of | 40 |
| the Revised Code. | 41 |
| (6) "Remediate" has the same meaning as in section 2911.21 of | 42 |
| the Revised Code. | 43 |
| (B)(1) If a person wishes to enter abandoned land or a place | 44 |
| of public amusement that is abandoned land during the daylight | 45 |
| hours from sunrise to sunset in order to remediate that abandoned | 46 |
| land or place of public amusement that is abandoned land, that | 47 |
| person may file a motion in the county court or municipal court | 48 |
| that has jurisdiction over the abandoned land or place of public | 49 |
| amusement that is abandoned land requesting to enter the abandoned | 50 |
| land or place of public amusement that is abandoned land in order | 51 |
| to remediate that abandoned land or place of public amusement that | 52 |
| is abandoned land. | 53 |
| (2) The motion shall be accompanied by a filing fee of not | 54 |
| more than twenty dollars. | 55 |
| (C) On receiving the motion filed pursuant to division (B) of | 56 |
| this section, the court shall set a date for a hearing on the | 57 |
| motion within two weeks of the filing of the motion and send a | 58 |
| notice of the hearing to the person who filed the motion and to | 59 |
| the address of the owner of the abandoned land or place of public | 60 |
| amusement that is abandoned land that is on file in the office of | 61 |
| the county auditor in the county where the abandoned land or place | 62 |
| of public amusement that is abandoned land is located, unless the | 63 |
| person filing the motion is aware of a different address and | 64 |
| notifies the court of that address. | 65 |
| (D) The person who filed the motion pursuant to division (B) | 66 |
| of this section shall present evidence to the court at the hearing | 67 |
| indicating the necessity to remediate the abandoned land or place | 68 |
| of public amusement that is abandoned land. The owner of the | 69 |
| abandoned land or place of public amusement that is abandoned land | 70 |
| may also present evidence to rebut the person's assertion that the | 71 |
| abandoned land or place of public amusement that is abandoned land | 72 |
| must be remediated. | 73 |
| (E) If the court finds that the abandoned land or place of | 74 |
| public amusement that is abandoned land is in need of remediation, | 75 |
| then the court may issue an order permitting the person who filed | 76 |
| the motion pursuant to division (B) of this section to enter the | 77 |
| abandoned land or place of public amusement that is abandoned land | 78 |
| to remediate that land. | 79 |
| (F) This section does not apply to a manufactured home, | 80 |
| mobile home, travel trailer, or park trailer located on abandoned | 81 |
| land or a place of public amusement that is abandoned land or to | 82 |
| any land that is owned by a railroad. | 83 |
| Sec. 2305.118. (A) As used in this section: | 84 |
| (1) "Cost or expense of remediation" means any cost or | 85 |
| expense associated with any effort to remediate any abandoned land | 86 |
| or place of public amusement that is abandoned land, including, | 87 |
| but not limited to, any cost or expense of any material, | 88 |
| equipment, product, or labor used in or otherwise associated with | 89 |
| the effort. | 90 |
| (2) "Trespasser" means an individual who, without express or | 91 |
| implied authorization, invitation, or inducement, enters abandoned | 92 |
| land or a place of public amusement that is abandoned land purely | 93 |
| for the individual's own purposes or convenience. | 94 |
| (B) Subject to divisions (D) and (E) of this section, no | 95 |
| owner of abandoned land or a place of public amusement that is | 96 |
| abandoned land has a civil action, or may receive an award of | 97 |
| damages in a civil action, against another person for the other | 98 |
| person knowingly entering or remaining upon that land or place of | 99 |
| public amusement during the daylight hours from sunrise to sunset | 100 |
| if the other person received an order from the court pursuant to | 101 |
| section 2305.117 of the Revised Code permitting the person to | 102 |
| enter the abandoned land or place of public amusement that is | 103 |
| abandoned land in order to remediate that land or proves both of | 104 |
| the following: | 105 |
| (1) The other person knowingly entered or remained on that | 106 |
| land or place of public amusement in order to remediate that land | 107 |
| or place of public amusement. | 108 |
| (2) Before entering upon that land or place of public | 109 |
| amusement, the other person knew, or after duly investigating the | 110 |
| matter had reasonable cause to believe, that the land was | 111 |
| abandoned land or that the place of public amusement was a place | 112 |
| of public amusement that was abandoned land. | 113 |
| (C) Notwithstanding division (B) of this section, any | 114 |
| individual who enters upon any land or place of public amusement | 115 |
| for the purposes described in division (B) of this section does | 116 |
| not have a right to possession of that land or place of public | 117 |
| amusement and any individual who remains on that land or place of | 118 |
| public amusement is subject to Chapter 1923. of the Revised Code. | 119 |
| (D) Notwithstanding division (B) of this section, no | 120 |
| individual who enters upon abandoned land or a place of public | 121 |
| amusement that is abandoned land for the purposes described in | 122 |
| division (B) of this section shall remediate or make any cosmetic | 123 |
| improvement to a manufactured home, mobile home, travel trailer, | 124 |
| or park trailer located on the abandoned land or place of public | 125 |
| amusement that is abandoned land, engage in any act or conduct | 126 |
| that results in any additional damage to a manufactured home, | 127 |
| mobile home, travel trailer, or park trailer located on the | 128 |
| abandoned land or place of public amusement that is abandoned | 129 |
| land, or engage in any act or conduct that would require the | 130 |
| individual to enter the interior of a manufactured home, mobile | 131 |
| home, travel trailer, or park trailer that is located on the | 132 |
| abandoned land or place of public amusement that is abandoned | 133 |
| land. | 134 |
| (E) Division (B) of this section does not apply with respect | 135 |
| to any land that is owned by a railroad. | 136 |
| (F)(1) Subject to division (F)(2) of this section, no person | 137 |
| who is a trespasser and who enters or remains on any abandoned | 138 |
| land or a place of public amusement that is abandoned land in | 139 |
| order to remediate that land or place of public amusement has a | 140 |
| civil action, or may receive an award of damages in a civil | 141 |
| action, against the owner of that land or place of public | 142 |
| amusement. | 143 |
| (2) Division (F)(1) of this section does not apply with | 144 |
| respect to any injury, death, or loss to person or property of a | 145 |
| trespasser that occurred while the trespasser entered or remained | 146 |
| on any abandoned land or a place of public amusement that is | 147 |
| abandoned land to the extent that another section of the Revised | 148 |
| Code or the common law of this state provides for or governs civil | 149 |
| liability with respect to the injury, death, or loss. | 150 |
| (G)(1) Subject to division (G)(2) of this section, no person | 151 |
| who enters or remains on any abandoned land or place of public | 152 |
| amusement that is abandoned land in order to remediate that land | 153 |
| or place of public amusement has a civil action, or may receive an | 154 |
| award of damages in a civil action, against the owner of that land | 155 |
| or place of public amusement for reimbursement of any cost or | 156 |
| expense of remediation. | 157 |
| (2) Division (G)(1) of this section does not apply to a cost | 158 |
| or expense of remediation to the extent that the person who enters | 159 |
| on or remains on the land or place of public amusement has entered | 160 |
| into an agreement with the owner of the land or place of public | 161 |
| amusement for reimbursement of that cost or expense of | 162 |
| remediation. | 163 |
| (H) Nothing in this section or section 2305.117 of the | 164 |
| Revised Code shall require a person who enters or remains on any | 165 |
| abandoned land or place of public amusement that is abandoned land | 166 |
| in order to remediate that land or place of public amusement to | 167 |
| remediate that land or place of public amusement on a continuing | 168 |
| basis. | 169 |
| (I) Nothing in this section affects a municipality's ability | 170 |
| to remove, repair, or secure insecure, unsafe, structurally | 171 |
| defective, abandoned, deserted, or open and vacant buildings or | 172 |
| other structures, to make emergency corrections of hazardous | 173 |
| conditions, or to abate any nuisance pursuant to section 715.261 | 174 |
| of the Revised Code or any municipal ordinance that allows a | 175 |
| municipal corporation to remediate abandoned land or a place of | 176 |
| public amusement that is abandoned land. | 177 |
| Sec. 2911.21. (A) No person, without privilege to do so, | 178 |
| shall do any of the following: | 179 |
| (1) Knowingly enter or remain on the land or premises of | 180 |
| another; | 181 |
| (2) Knowingly enter or remain on the land or premises of | 182 |
| another, the use of which is lawfully restricted to certain | 183 |
| persons, purposes, modes, or hours, when the offender knows the | 184 |
| offender is in violation of any such restriction or is reckless in | 185 |
| that regard; | 186 |
| (3) Recklessly enter or remain on the land or premises of | 187 |
| another, as to which notice against unauthorized access or | 188 |
| presence is given by actual communication to the offender, or in a | 189 |
| manner prescribed by law, or by posting in a manner reasonably | 190 |
| calculated to come to the attention of potential intruders, or by | 191 |
| fencing or other enclosure manifestly designed to restrict access; | 192 |
| (4) Being on the land or premises of another, negligently | 193 |
| fail or refuse to leave upon being notified by signage posted in a | 194 |
| conspicuous place or otherwise being notified to do so by the | 195 |
| owner or occupant, or the agent or servant of either. | 196 |
| (B) It is no defense to a charge under this section that the | 197 |
| land or premises involved was owned, controlled, or in custody of | 198 |
| a public agency. | 199 |
| (C) It is no defense to a charge under this section that the | 200 |
| offender was authorized to enter or remain on the land or premises | 201 |
| involved, when such authorization was secured by deception. | 202 |
| (D)(1) Whoever violates this section is guilty of criminal | 203 |
| trespass, a misdemeanor of the fourth degree. | 204 |
| (2) Notwithstanding section 2929.28 of the Revised Code, if | 205 |
| the person, in committing the violation of this section, used a | 206 |
| snowmobile, off-highway motorcycle, or all-purpose vehicle, the | 207 |
| court shall impose a fine of two times the usual amount imposed | 208 |
| for the violation. | 209 |
| (3) If an offender previously has been convicted of or | 210 |
| pleaded guilty to two or more violations of this section or a | 211 |
| substantially equivalent municipal ordinance, and the offender, in | 212 |
| committing each violation, used a snowmobile, off-highway | 213 |
| motorcycle, or all-purpose vehicle, the court, in addition to or | 214 |
| independent of all other penalties imposed for the violation, may | 215 |
| impound the certificate of registration of that snowmobile or | 216 |
| off-highway motorcycle or the certificate of registration and | 217 |
| license plate of that all-purpose vehicle for not less than sixty | 218 |
| days. In such a case, section 4519.47 of the Revised Code applies. | 219 |
| (E) Notwithstanding any provision of the Revised Code, if the | 220 |
| offender, in committing the violation of this section, used an | 221 |
| all-purpose vehicle, the clerk of the court shall pay the fine | 222 |
| imposed pursuant to this section to the state recreational vehicle | 223 |
| fund created by section 4519.11 of the Revised Code. | 224 |
| (F) Subject to divisions (G) and (H) of this section, it is | 225 |
| an affirmative defense to a charge of a violation of this section | 226 |
| that the person charged knowingly entered or remained on abandoned | 227 |
| land or a place of public amusement that was abandoned land during | 228 |
| the daylight hours from sunrise to sunset without privilege to do | 229 |
| so and that the person received an order from the court pursuant | 230 |
| to section 2305.117 of the Revised Code permitting the person to | 231 |
| enter the abandoned land or place of public amusement that is | 232 |
| abandoned land in order to remediate that land or both of the | 233 |
| following apply: | 234 |
| (1) The person knowingly entered or remained on that land or | 235 |
| place of public amusement for the sole purpose to remediate that | 236 |
| land or place of public amusement. | 237 |
| (2) Before entering upon that land or place of public | 238 |
| amusement, the person knew, or after duly investigating the matter | 239 |
| had reasonable cause to believe, that the land was abandoned land | 240 |
| or that the place of public amusement was a place of public | 241 |
| amusement that was abandoned land. | 242 |
| (G) Division (F) of this section does not apply if an | 243 |
| individual who enters upon abandoned land or a place of public | 244 |
| amusement that is abandoned land for the purposes described in | 245 |
| division (F) of this section remediates or makes any cosmetic | 246 |
| improvement to a manufactured home, mobile home, travel trailer, | 247 |
| or park trailer located on the abandoned land or place of public | 248 |
| amusement that is abandoned land, engages in any act or conduct | 249 |
| that results in any additional damage to a manufactured home, | 250 |
| mobile home, travel trailer, or park trailer located on the | 251 |
| abandoned land or place of public amusement that is abandoned | 252 |
| land, or engages in any act or conduct that would require the | 253 |
| individual to enter the interior of a manufactured home, mobile | 254 |
| home, travel trailer, or park trailer that is located on the | 255 |
| abandoned land or place of public amusement that is abandoned | 256 |
| land. | 257 |
| (H) Division (F) of this section does not apply with respect | 258 |
| to any land that is owned by a railroad. | 259 |
| (I) As used in this section: | 260 |
| (1) "All-purpose vehicle," "off-highway motorcycle," and | 261 |
| "snowmobile" have the same meanings as in section 4519.01 of the | 262 |
| Revised Code. | 263 |
| (2) "Land or premises" includes any land, building, | 264 |
| structure, or place belonging to, controlled by, or in custody of | 265 |
| another, and any separate enclosure or room, or portion thereof. | 266 |
| (3) "Abandoned land" has the same meaning as in section | 267 |
| 323.65 of the Revised Code. | 268 |
| (4) "Remediate" means to improve the landscaping, clean up | 269 |
| litter, or repair dilapidated conditions on abandoned land or a | 270 |
| place of public amusement that is abandoned land or to board up | 271 |
| windows and doors on any building or structure that is located on | 272 |
| the abandoned land or place of public amusement. Remediate does | 273 |
| not include any of the following: | 274 |
| (a) Any cosmetic improvement, including painting of any kind | 275 |
| other than painting a board for boarding up a window or door, to | 276 |
| any building or structure that is located on abandoned land or a | 277 |
| place of public amusement that is abandoned land; | 278 |
| (b) Any act or conduct that results in any additional damage | 279 |
| to abandoned land or a place of public amusement that is abandoned | 280 |
| land or to any building or structure that is located on any such | 281 |
| land or place. | 282 |
| (c) Any act or conduct that would require the individual | 283 |
| entering the abandoned land or the place of public amusement that | 284 |
| is abandoned land to enter into the interior of any building or | 285 |
| structure on that abandoned land or place of public amusement that | 286 |
| is abandoned land unless it is necessary for the individual to | 287 |
| enter into the interior of the building or structure on that | 288 |
| abandoned land or place of public amusement that is abandoned land | 289 |
| in order to board up the windows and doors in the building or | 290 |
| structure. | 291 |
| (5) "Place of public amusement" has the same meaning as in | 292 |
| section 2911.23 of the Revised Code. | 293 |
| (6) "Railroad" has the same meaning as in section 4907.02 of | 294 |
| the Revised Code. | 295 |
| (7) "Manufactured home" has the same meaning as in section | 296 |
| 3781.06 of the Revised Code. | 297 |
| (8) "Mobile home," "park trailer," and "travel trailer" have | 298 |
| the same meanings as in section 4501.01 of the Revised Code. | 299 |
| Section 2. That existing section 2911.21 of the Revised Code | 300 |
| is hereby repealed. | 301 |