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(127th General Assembly)
(Substitute House Bill Number 323)
AN ACT
To amend sections 971.01, 971.04, 971.05, 971.06,
971.07, 971.08, 971.09, 971.10, 971.33, 971.34,
and 971.99; to amend for the purpose of adopting
new section numbers as indicated in parentheses
sections 971.04 (971.09), 971.05 (971.10), 971.06
(971.11), 971.07 (971.12), 971.08 (971.13), 971.09
(971.14), and 971.10 (971.15); to enact new
sections 971.02, 971.03, 971.04, 971.05, 971.06,
971.07, 971.08, 971.16, 971.17, and 971.18 and
section 971.071; and to
repeal sections 971.02,
971.03, 971.11, 971.12,
971.13, 971.14, 971.15,
971.16, 971.17, 971.18,
971.21, 971.22, 971.23,
971.24, 971.25, 971.26,
971.27, 971.28, 971.29,
971.30, 971.31, and 971.32
of the Revised Code to
revise the Fences Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 971.01, 971.04, 971.05, 971.06,
971.07, 971.08, 971.09, 971.10, 971.33, 971.34, and 971.99 be
amended, sections 971.04 (971.09), 971.05 (971.10), 971.06
(971.11), 971.07 (971.12), 971.08 (971.13), 971.09 (971.14), and
971.10 (971.15) be amended for the purpose of adopting new section
numbers as indicated in parentheses, and new sections 971.02,
971.03, 971.04, 971.05, 971.06, 971.07, 971.08, 971.16, 971.17,
and 971.18 and section 971.071 of the Revised Code be enacted as
follows:
Sec. 971.01. As used in this chapter, "owner":
(A) "Applicable county recorder" means the county recorder of
a county in which a partition fence is, was, or is not required to
be constructed and maintained in good repair.
(B) "Build a fence," "construct a fence," and "maintain a
fence in good repair" include any necessary clearing of land.
(C) "Livestock" means horses, mules, asses, hogs, sheep,
goats, cattle, and any other animal that is raised or maintained
domestically for food, fiber, or hunting purposes.
(D) "Owner" means both of the
following:
(A)(1) The owner of land in fee
simple, of estates for life,
of easements, or of rights-of-way while used by the
owners
thereof
as farm outlets;
(B) The department of natural resources (2) Any of the
following with regard to any land
that it owns, leases, manages,
or otherwise controls and that is adjacent to
land used to graze
livestock:
(a) The department of natural resources;
(b) A conservancy district organized under Chapter 6101. of
the Revised Code;
(c) A political subdivision with a real property interest in
recreational trails.
Proceedings under this chapter do not bind the
owner unless
the owner is notified as provided in section
971.13 of the Revised
Code.
(E) "Partition fence" means a fence that is located on the
division line between the adjoining properties of two owners.
"Partition fence" includes a fence that has been considered a
division line between two such properties even though a subsequent
land survey indicates that the fence is not located directly on
the division line.
(F) "Preferred partition fence" means a partition fence that
is a woven wire fence, either standard or high tensile, with one
or two strands of barbed wire located not less than forty-eight
inches from the ground or a nonelectric high tensile fence of at
least seven strands and that is constructed in accordance with the
United States natural resources conservation service conservation
practice standard for fences, code 382. "Preferred partition
fence" includes a barbed wire, electric, or live fence, provided
that the owners of adjoining properties agree, in writing, to
allow such fences.
(G) "Recreational trail" has the same meaning as in section
1519.07 of the Revised Code.
Sec. 971.02. (A) Except as otherwise provided in this
section, all fields and enclosures in which livestock are kept or
placed and that are bordered by a division line between the
adjoining properties of different owners shall be enclosed by a
preferred partition fence.
(B) Nothing in this chapter prevents an owner from building a
fence that exceeds the requirements for a preferred partition
fence established under this chapter. The owner building such a
fence shall pay all additional costs and expenses of building the
fence and maintaining it in good repair.
(C) This section does not apply to either of the following:
(1) The owners of adjoining properties that enter into an
agreement in accordance with section 971.04 of the Revised Code;
(2) Fences that were constructed prior to the effective date
of this section.
Sec. 971.03. This chapter does not apply to any of the
following:
(A) The enclosure of lots in municipal corporations;
(B) The enclosure of adjoining properties that are laid out
into lots outside of municipal corporations;
(C) Fences that are required to be constructed by persons or
corporations owning, controlling, or managing a railroad pursuant
to Chapter 4959. of the Revised Code.
Sec. 971.04. Nothing in this chapter prevents the owners of
adjoining properties from entering into a written agreement that
states that no fence is needed between the properties, a fence
other than a preferred partition fence may be built and maintained
pursuant to division (C)(1) of section 971.02 of the Revised Code,
or the rights and obligations of the owners are different from
what is established in this chapter. The agreement shall be filed
with the applicable county recorder and placed in the partition
fence record established under section 971.15 of the Revised Code.
In addition, the agreement runs with the properties that are
subject to the agreement.
Sec. 971.05. (A) If there is evidence that a partition fence
previously existed between the adjoining properties of two owners,
one of the owners, or both, may file an affidavit with the
applicable county recorder to be placed in the partition fence
record established under section 971.15 of the Revised Code
stating that a partition fence existed between the adjoining
properties within two years prior to the filing of the affidavit.
The affidavit also shall specify the location of the properties
and that the fence has been removed and not replaced. The
affidavit shall be filed no later than one year after the
effective date of this section.
(B) If an affidavit is filed under this section, section
971.06 of the Revised Code applies.
(C) If an affidavit is not filed under this section, section
971.07 of the Revised Code applies.
Sec. 971.06. (A) If a partition fence exists between
adjoining properties, the owners of the adjoining properties shall
maintain the fence in good repair in equitable shares. If the
owners decide to build a new fence, they shall do so in equitable
shares in accordance with this chapter unless the owners enter
into an agreement in accordance with section 971.04 of the Revised
Code.
(B) The owners of adjoining properties shall build and
maintain in good repair a partition fence in equitable shares in
accordance with this chapter if there is evidence that a partition
fence previously existed between the adjoining properties or if
either of the owners of the adjoining properties, or the previous
owners of the adjoining properties, has or had filed an affidavit
with the applicable county recorder under section 971.05 of the
Revised Code. However, the owners of the adjoining properties are
not required to build and maintain in good repair a partition
fence in equitable shares if the owners enter or the previous
owners entered, as applicable, into an agreement in accordance
with section 971.04 of the Revised Code.
(C)(1) If a partition fence is removed by an owner and not
replaced within one year after removal, the owner
who removed the
partition fence shall file an affidavit with the applicable county
recorder to be placed in the partition fence record established
under section 971.15 of the Revised Code stating that a partition
fence existed between the adjoining properties within one year
prior to the filing of the affidavit. The affidavit also shall
specify the location of the properties and state that the fence
has been removed and not replaced.
(2) If an affidavit is filed and a partition fence is
rebuilt, the owners of the adjoining properties shall build and
maintain in good repair the new fence in equitable shares in
accordance with this chapter unless the owners enter into an
agreement in accordance with section 971.04 of the Revised Code.
(3) If an affidavit is not filed and a partition fence is
rebuilt, the owner constructing the fence shall bear the total
costs of building and maintaining it in good repair.
Sec. 971.07. (A) If a partition fence does not exist between
adjoining properties, there is no evidence that a partition fence
previously existed, an affidavit has not been filed with the
applicable county recorder in accordance with section 971.05 or
971.06 of the Revised Code, or a written agreement between the
owners of adjoining properties has not been filed with the
applicable county recorder in accordance with section 971.04 of
the Revised Code and an owner wants to build a partition fence,
that owner shall bear the costs of building and maintaining in
good repair the partition fence. The owner may file with the
applicable county recorder an affidavit that specifies the costs
incurred by the owner to build the partition fence. Each year
after the fence is built, the owner may file with the applicable
county recorder an affidavit that specifies the costs incurred
that year by the owner to maintain the fence in good repair.
(B) If an owner of adjoining property that did not assist in
bearing the costs of building and maintaining in good repair a
partition fence, or any successor in interest of the property,
subsequently uses the fence to keep livestock enclosed on the
property within thirty years after the fence was built, the owner
that built the fence, or any successor in interest of the
property, may file a claim for reimbursement of a proportionate
share of
the total cost of building and maintaining in good
repair the
partition fence with the owner of the adjoining
property or that
owner's successor in interest, provided that an
affidavit has been
filed under division (A) of this section. A
reimbursement claimed under this division shall equal the total
cost of building and maintaining the partition fence in good
repair minus one-thirtieth of the total cost multiplied by the
number of years, including parts of a year, that are included in
the period beginning on the date on which the affidavit was filed
and ending on the date on which the claim for reimbursement is
made. An owner that receives a
claim for reimbursement under this
division promptly shall pay it.
In addition, if necessary, the
owners shall modify the partition
fence so that it complies with
the standards for preferred
partition fences established in this
chapter. The owners shall
equally divide the costs of the
modification of the partition
fence.
(C) If the owner of adjoining property, or that owner's
successor in interest, fails to pay the claim for reimbursement of
the proportionate share of the total cost of building and
maintaining in
good repair the partition fence that was filed
under division (B)
of this section, the owner that filed the
claim for reimbursement
may file an action in a court of
competent jurisdiction to recover
not more than the proportionate
share of the total cost of building and
maintaining in good
repair the partition fence.
(D) If the owner of adjoining property, or that owner's
successor in interest, pays the claim for reimbursement filed by
the owner that built and maintained in good repair the partition
fence under division (B) of this section or is required to
reimburse that owner by a court under division (C) of this
section, the owner of the adjoining property, or that owner's
successor in interest, subsequently is subject to section 971.06
of the Revised Code.
(E) If the owner that builds and maintains in good repair a
partition fence does not file an affidavit under division (A) of
this section, the owner forfeits the owner's right to
reimbursement from the owner of adjoining property as authorized
under this section.
Sec. 971.071. Notwithstanding any other provision in this
chapter, an owner of land as defined in division (D)(2) of section
971.01 of the Revised Code is responsible for fifty per cent of
the total cost of building and maintaining in good repair a
partition fence between that owner and the owner of adjoining
property unless a written agreement has been entered into under
section 971.04 of the Revised Code.
Sec. 971.08. (A) If an owner chooses to build a partition
fence and the owner of adjoining property does not share in the
construction of the fence, the owner building the fence, or a
contractor hired by the owner, may enter on the adjoining property
for no more than ten feet for the length of the fence to build and
maintain in good repair the fence. The owner or contractor
building the fence is not guilty of a violation of section 2911.21
of the Revised Code or an ordinance of a municipal corporation
that is substantially equivalent, provided that the owner or
contractor does not enter onto the property beyond the ten feet
specified in this division. However, that owner or contractor is
liable for all damages caused by the entry onto the adjoining
property, including damages to crops.
(B) No person shall obstruct or interfere with anyone who is
lawfully engaged in the construction or maintenance of a partition
fence.
Sec. 971.04 971.09. (A)(1) When a person an owner neglects
to
build or maintain in good repair a partition fence, or
the
portion
thereof which he that the owner is required to build or
maintain,
the aggrieved
person owner may complain to do either of
the
following:
(a) File an action in a court of common pleas as provided in
section 971.16 of the Revised Code;
(b) File a complaint with the board of township trustees of
the township in which
such the land or fence is located. Such or
is to be built.
(2) If the aggrieved owner intends to file a complaint with
the applicable board of township trustees, the board shall present
the aggrieved owner with a document containing both of the
following:
(a) Notification that in lieu of filing a complaint with the
board of township trustees as provided in this section, an action
may be filed in a court of common pleas as provided in section
971.16 of the Revised Code;
(b) A description of the possible financial and maintenance
responsibilities that may result from the board's findings.
The aggrieved owner shall sign and date the document and
return it to the board prior to filing a complaint with the board.
(3) When a partition fence is on a township or county line,
the
boards of township trustees of the adjacent townships have
concurrent jurisdiction, and the board of township trustees of
either of the townships may be called to perform the applicable
duties established in this chapter. Either party to the complaint
may call the board of the other township, in which case they shall
act jointly, but a separate record shall be made in both
townships.
(B) If a complaint is filed with a board of township
trustees, the board, after not less than ten days'
written notice
to all adjoining landowners owners of the time and place of
meeting,
shall view the fence or premises where such the fence is
located or is to be built, and assign,
in writing, to each person
his equal share thereof,
to be constructed or kept in repair by
him. At the meeting, the board shall determine whether a partition
fence exists, regardless of whether it is in disrepair, or there
is evidence that a partition fence previously existed. If there is
no evidence that a partition fence exists, even in disrepair, or
if there is no evidence that a partition fence previously existed,
the board shall review the applicable county recorder's records to
determine whether an affidavit has been filed in accordance with
section 971.05, 971.06, or 971.07 of the Revised Code or an
agreement has been filed in accordance with section 971.04 of the
Revised Code.
(C) After viewing the fence or premises and reviewing the
applicable county recorder's records, if applicable, the board may
request additional information from either owner that is a party
to the complaint.
(D)(1) At the next regularly scheduled meeting of the board
after viewing
the fence or premises and reviewing the applicable
county
recorder's records, if applicable, the board shall
determine if a
partition fence is required to be built or
maintained in good
repair, as applicable. If the board determines
that a partition
fence is required to be built or maintained, the
board shall
decide each owner's responsibility for building or
maintaining in
good repair the partition fence.
(2) If the board finds that both owners are responsible, the
board shall equitably assign, in writing, each owner's share of
building or maintaining in good repair the partition fence. When
making an equitable assignment, the board may assign a specific
portion of the partition fence to be built or maintained in good
repair, or the board may assign a portion of the total cost of
building or maintaining in good repair the partition fence if the
owners have submitted to the board an estimate from a contractor
of the necessary cost to perform the
applicable work. If the
partition fence does or will contain
livestock, the board shall
include in the equitable assignment the
cost of building or
modifying the fence to meet the standards for
preferred partition
fences established in this chapter.
(3) If the board finds that one owner is responsible, the
board shall require that owner, in writing, to pay the total cost
of building or maintaining in good repair the partition fence or
the portion of the partition fence for which the owner is
responsible, as applicable.
(4) If the board determines that a partition fence is not
required to be built or maintained in good repair, as applicable,
the board shall notify each owner of that determination in
writing.
(E) When making an equitable assignment under division (D)(2)
of this section, the board shall consider, without limitation, all
of the following:
(1) The topography of the applicable property;
(2) The presence of streams, creeks, rivers, or other bodies
of water;
(3) The presence of trees, vines, or other vegetation;
(4) The level of risk of trespassers on either property due
to the population density surrounding the property or the
recreational use of adjoining properties;
(5) The importance of marking division lines between the
properties;
(6) The number and type of livestock owned by either owner
that may be contained by the partition fence.
(F) The board shall certify a report of an assignment made
under division (D)(2) of this section or a finding made under
division (D)(3) of this section to the applicable county recorder,
who shall record the assignment or finding in the partition fence
record established under section 971.15 of the Revised Code.
(G)(1) If either owner does not agree to the board's
assignment of responsibility under division (D)(2) of this section
for building or maintaining in good repair a partition fence, the
owner, not later than thirty days after the assignment has been
made, may deliver to the board and the other owner a written
request for binding arbitration. An owner that requests binding
arbitration also shall deliver a copy of the request to the court
of common pleas of the county in which the arbitration is to be
held, which shall be the county in which the owner that seeks the
binding arbitration resides. If either owner requests binding
arbitration, the board shall submit a report of its recommendation
of assignment that is made under division (D)(2) of this section
or of its finding that is made under division (D)(3) of this
section, as applicable, to the court of common pleas in which the
arbitration is to be held.
(2) The court of common pleas in which the arbitration is to
be held shall appoint an arbitrator. The court shall furnish the
board's report that is submitted to the court under division
(G)(1) of this section to the arbitrator. The owners shall pay the
costs of the arbitrator's services in equal amounts.
An
arbitrator that has knowledge of this chapter shall be
appointed,
if possible.
(3) Not later than thirty days after appointment of an
arbitrator, each owner and the board shall deliver to the
arbitrator a recommendation for the assignment of responsibility
for building or maintaining in good repair the partition fence.
Not later than sixty days after appointment of the arbitrator, the
arbitrator shall approve one of the recommendations submitted or
assign responsibility for building or maintaining in good repair
the partition fence based on the arbitrator's judgment.
The arbitrator shall deliver to each owner and the board a
written statement of the arbitration decision that states each
owner's responsibility for building or maintaining in good repair
the partition fence. The arbitrator shall certify a report of the
arbitration decision to the applicable county recorder, who shall
record the decision in the partition fence record established
under section 971.15 of the Revised Code.
The owners shall abide by the arbitration decision. The
arbitration decision shall be enforced,
upon petition by either
owner, by the court of common pleas of the
county in which the
petitioner resides.
Sec. 971.05 971.10. The cost due the township
fiscal officer
and the board of township
trustees for making the assignment set
forth in section 971.04 971.09 of the Revised
Code shall be taxed
equally against each of the persons and, if not paid to
the
fiscal
officer within thirty days from the date of
the
assignment, shall
be
certified by
the fiscal officer to the
county auditor, with a
correct
description of the lands and the
amount charged against
each portion.
Sec. 971.06 971.11. The county auditor shall place the
amount
authorized in section
971.05 971.10 of the Revised Code
upon the
duplicate to be collected as other taxes,
and the county
treasurer
shall pay it, when collected, to the township
fiscal
officer
as other funds are paid.
Sec. 971.07 971.12. (A) If either person owner fails to
build or maintain in good repair the
portion of a partition fence
assigned to him the owner under section 971.04
971.09 of the
Revised Code, the board of township trustees, upon the
application
of the aggrieved person owner, shall award the contract to
the
lowest responsible bidder agreeing to furnish the labor and
material, and build such or maintain the fence according to the
specifications
proposed by the board, after advertising for bids
once a week for
three consecutive weeks in a newspaper of general
circulation in
the county in which the township is situated.
(B) If no bids are received from responsible bidders as
provided in this section, the trustees shall procure labor and
materials at prevailing rates and cause such the fence to be
constructed or maintained.
(C) No person shall obstruct or interfere with anyone
lawfully engaged in construction or maintenance of a partition
fence or in the
performance of any other act described in this
section.
Sec. 971.08 971.13. When the work provided for under section
971.12 of the Revised Code is completed to the satisfaction
of the
board of
township trustees, it shall certify the costs to
the
township
fiscal officer. If the costs are not
paid within thirty
days,
the township fiscal officer shall
certify them to the county
auditor with a statement of the cost of
the construction or
maintenance and incidental costs
incurred by the trustees
and a
correct description of each piece of land
upon which
the costs are
assessed.
Sec. 971.09 971.14. The county auditor shall place the
amounts
certified, as
provided in section 971.08 971.13 of the
Revised Code, upon
the tax duplicate, which
amounts shall become a
lien and be
collected as other taxes. The board of
township
trustees
shall certify the amount due each person for building
or
maintaining the
fence and the amount due each trustee and
the
township fiscal officer for
services rendered. In
anticipation of
the collection of the amounts, the
auditor shall draw orders for
the
payment of the amounts out of
the county treasury.
Sec. 971.10 971.15. The applicable county recorder shall
keep a book known as the "Partition Fence
Record partition fence
record" and all divisions of. All agreements between the owners of
adjoining properties filed in accordance with this chapter, all
affidavits filed by owners in accordance with this chapter, and
all assignments of and findings and decisions regarding
responsibility for building and maintaining in good repair
partition fences made under this chapter shall be
recorded
therein, and in the record. A document recorded in the record
shall be final between the parties thereto and
successive owners
thereafter, until such divisions become unequal by a sale or
division of land or a portion thereof, in which case a new
division may be
had modified by a subsequent document. All
documents recorded in the record shall describe the land where a
partition fence is located and the portion of the fence assigned
to each applicable owner. In addition, the documents shall
describe the purposes and use of the partition fence.
Sec. 971.16. (A) An owner may file an action in a court of
common pleas of the county in which the owner resides if the owner
of adjoining property neglects to build or maintain in good repair
a partition fence or the portion of a partition fence that the
owner is required to build or maintain.
(B) In an action filed under this section, a court shall
consider all of the following when making an assignment of
responsibility for building or maintaining in good repair a
partition fence:
(1) Whether a partition fence currently exists even if it is
in disrepair;
(2) Whether there is evidence that a partition fence existed
in the past;
(3) Whether a written agreement between the owners has been
filed with the applicable county recorder in accordance with
section 971.04 of the Revised Code;
(4) Whether an affidavit has been filed with the applicable
county recorder in accordance with section 971.05, 971.06, or
971.07 of the Revised Code;
(5) All of the following:
(a) The topography of the applicable property;
(b) The presence of streams, creeks, rivers, or other bodies
of water;
(c) The presence of trees, vines, or other vegetation;
(d) The level of risk of trespassers on either property due
to the population density surrounding the property or the
recreational use of adjoining properties;
(e) The importance of marking division lines between the
properties;
(f) The number and type of livestock owned by either owner
that may be contained by the partition fence.
The court shall make an assignment in equitable shares.
(C) The court shall assign attorney's fees and court costs in
an equitable manner to the parties.
Sec. 971.17. (A) Not fewer than twenty-eight days prior to
removing a partition fence, an owner shall notify the owner of
adjoining property in writing that the owner intends to remove the
partition fence. The notice may be delivered personally or by
certified mail, return receipt requested, to the last known
address of the adjoining owner. If the notice delivered by
certified mail is refused or unclaimed, the notice may be
delivered by ordinary mail. If the notice delivered by ordinary
mail is returned for failure of delivery, or if the address of the
adjoining owner is unknown and cannot be ascertained with
reasonable diligence, notice may be served by publication once a
week for three consecutive weeks in a newspaper of general
circulation in the county in which the partition fence is located.
(B) If an owner removes a partition fence without notifying
the owner of adjoining property in accordance with division (A) of
this section, the owner forfeits the owner's right to seek
reimbursement under section 971.07 of the Revised Code for the
construction and maintenance of a new partition fence.
(C) An action for trespass by the owner of adjoining property
against the owner removing a partition fence may include a
reasonable request for court costs, attorney's fees, and other
litigation costs.
(D) No owner shall place any debris accumulated from the
removal of a partition fence on adjoining property without
entering into a written agreement with the owner of the adjoining
property. An adjoining owner who has not entered into a written
agreement under this division shall have a cause of action against
the owner that placed debris from the removal of a partition fence
on the adjoining owner's property for the cost of removing that
debris. Any action against the owner may include any attorney's
fees.
Sec. 971.18. An owner of livestock who permits the livestock
to run at large out of the livestock's enclosure is liable for all
damages caused by the livestock on the premises of another.
Sec. 971.33. An owner of land, adjacent to a line or
partition fence, shall
keep all brush, briers, thistles, or other
noxious weeds cut in the fence
corners and a strip four feet wide
on his the owner's side
along the line of a partition fence, but
this section does not affect the
planting of vines or trees for
use.
Sec. 971.34. If the owner or tenant occupying land, neglects
or refuses to
cut brush, briers, thistles, or other noxious weeds,
as provided in section
971.33 of the Revised Code, an owner or
occupant of land abutting on the line
or partition fence, after
having given the owner or tenant not less than ten
days' notice to
cut or remove them, may notify the board of township trustees
of
the township in which the land is situated, who shall forthwith
view the
premises, and if satisfied that there is just cause of
complaint, shall cause
them to be cut, by letting the work to the
lowest bidder, or by entering into
a private contract therefor.
Sec. 971.99. (A) Whoever Except as otherwise provided in
division (B), (C), or (D) of this section, whoever violates
division (B) of section 971.03 971.08 or division (C) of section
971.12 of the
Revised Code is guilty of a misdemeanor of the
fourth third degree.
(B) Whoever violates division (C) of section 971.07 of the
Revised Code is
guilty
of a misdemeanor of the third degree.
(B) Whoever violates division (B) of section 971.08 or
division (C) of section 971.12 of the Revised Code is guilty of a
misdemeanor of the second degree if, in committing the offense,
the violator made a threat of physical harm to the person that was
building or maintaining a partition fence.
(C) Whoever violates division (B) of section 971.08 or
division (C) of section 971.12 of the Revised Code is guilty of a
misdemeanor of the first degree if, in committing the offense, the
violator caused physical harm to the person that was building or
maintaining a partition fence.
(D) Whoever violates division (B) of section 971.08 or
division (C) of section 971.12 of the Revised Code is guilty of a
felony of the fifth degree if, in committing the offense, the
violator caused serious physical harm or death to the person that
was building or maintaining a partition fence.
(E) Prosecution for a violation of division (B) of section
971.08 or division (C) of section 971.12 of the Revised Code does
not preclude prosecution for a violation of any other section of
the Revised Code. One or more acts, a series of acts, or a course
of behavior that can be prosecuted under this section or any other
section of the Revised Code may be prosecuted under this section,
the other section, or both sections.
SECTION 2. That existing sections 971.01, 971.04, 971.05,
971.06, 971.07, 971.08, 971.09, 971.10, 971.33, 971.34, and 971.99
and sections 971.02, 971.03, 971.11, 971.12, 971.13, 971.14,
971.15, 971.16, 971.17, 971.18, 971.21, 971.22, 971.23, 971.24,
971.25, 971.26, 971.27, 971.28, 971.29, 971.30, 971.31, and 971.32
of the Revised Code are hereby repealed.
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