130th Ohio General Assembly
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H. B. No. 511  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 511


Representative DeGeeter 

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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