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H. B. No. 511 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Fende, Dyer, Yuko, Evans, Dodd, McGregor, J., Foley, Hagan, R., Letson, Szollosi
A BILL
To amend sections 1545.09 and 1545.99 of the Revised
Code to provide increased penalties for violations
of a bylaw or rule adopted by a board of park
commissioners of a park district in a county and
to permit a board of park commissioners to adopt
penalties for any such violation provided the
penalties do not exceed in severity the penalty
designated by state law for a similar violation
under state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1545.09 and 1545.99 of the Revised
Code be amended to read as follows:
Sec. 1545.09. (A) The board of park commissioners shall adopt
such bylaws and rules as the board deems considers advisable for
the
preservation of good order within and adjacent to parks and
reservations of land, and for the protection and preservation of
the parks, parkways, and other reservations of land under its
jurisdiction and control and of property and natural life
therein.
The board shall also adopt bylaws or rules establishing
a
procedure for contracting for professional, technical,
consulting,
and other special services. Any competitive bidding
procedures of
the board do not apply to the purchase of benefits
for park
district officers or employees when such benefits are
provided
through a health and welfare trust fund administered
through or in
conjunction with a collective bargaining
representative of the
park district employees, as authorized in
section 1545.071 of the
Revised Code. The bylaws and rules shall
be published as provided
in case of ordinances of municipal
corporations before taking
effect.
(B)(1) As used in division (B)(2) of this section, "similar
violation under state law" means a violation of any section of the
Revised Code, other than division (C) of this section, that is
similar to a violation of a bylaw or rule adopted under division
(A) of this section.
(2) The board of park commissioners may adopt by bylaw a
penalty for a violation of any bylaw or rule adopted under
division (A) of this section, and any penalty so adopted shall not
exceed in severity whichever of the following is applicable:
(a) The penalty designated under the Revised Code for a
violation of the state law that is similar to the bylaw or rule
for which the board adopted the penalty;
(b) For a violation of a bylaw or rule adopted under division
(A) of this section for which the similar violation under state
law does not bear a penalty or for which there is no similar
violation under state law, a fine of not more than one hundred
fifty dollars for a first offense and not more than one thousand
dollars for each subsequent offense.
(3) Any bylaw adopted under division (B)(2) of this section
shall be published as provided in case of ordinances of municipal
corporations before taking effect.
(C) No person shall violate any of such bylaws or rules
adopted under division (A) of this section. All
fines collected
for any violation of this section shall be paid
into the treasury
of such park board.
Sec. 1545.99. (A) Whoever violates division (C) of section
1545.09 of the Revised Code shall
be punished as follows:
(A) Except as otherwise provided in division (B) of this
section, the offender shall be fined not more than one hundred
fifty dollars for a first offense; and not more than one thousand
dollars for each
subsequent offense such person shall be fined not
more than five hundred dollars.
(B) If the board of park commissioners that adopted the bylaw
or rule that the offender violated and that was the basis of the
offender's violation of division (C) of section 1545.09 of the
Revised Code has adopted a penalty for the violation under
division (B) of that section, the offender shall be penalized in
accordance with the penalty so adopted for the violation.
Section 2. That existing sections 1545.09 and 1545.99 of the
Revised Code are hereby repealed.
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