130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 42  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 42


Representative Evans 

Cosponsors: Representatives Amstutz, Book, Harris, Stewart, Stebelton, Derickson, Okey 



A BILL
To amend sections 505.99 and 1531.02 and to enact sections 505.872, 505.873, 505.874, 505.875, and 505.876 of the Revised Code to establish requirements and procedures for the removal of beaver dams and beavers as ordered by boards of township trustees.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.99 and 1531.02 be amended and sections 505.872, 505.873, 505.874, 505.875, and 505.876 of the Revised Code be enacted to read as follows:
Sec. 505.872.  As used in this section and sections 505.873 to 505.876 of the Revised Code, "aggrieved owner" means the owner of property that has been flooded by water as a result of a beaver dam that is located on adjoining property.
Sec. 505.873.  (A) If a beaver dam that exists on an owner's property causes the adjoining owner's property to be flooded, the owner shall remove the beaver dam and trap any beavers that are on the owner's property. If the owner neglects to remove such a beaver dam and trap any beavers, the aggrieved owner may file a complaint with the board of township trustees of the township in which the dam is located.
(B) If a complaint is filed with a board of township trustees under division (A) of this section, the board, after not less than ten days' written notice to the owner of the property on which the beaver dam exists and to all adjoining property owners of the time and place of a viewing, shall view the beaver dam and the aggrieved owner's property. After the viewing, the board may request additional information from the owner or the aggrieved owner.
(C)(1) At the next regularly scheduled meeting of the board after viewing the beaver dam and the aggrieved owner's property, the board shall determine whether the owner on whose property the beaver dam exists must remove the dam, trap any beavers that are on the property, or do both.
(2)(a) If the board determines that the owner on whose property the beaver dam exists must remove the dam, trap any beavers that are on the property, or do both, the board shall send a written notice by certified mail ordering the owner to perform one of the actions specified in division (C)(1) of this section not later than thirty days after receipt of the notice. The notice shall serve as confirmation that a beaver dam exists on the property and that the beaver dam is causing the aggrieved owner's property to be flooded. The board shall send a copy of the notice to the aggrieved owner.
(b) The board also shall send a copy of the notice that was prepared under division (C)(2)(a) of this section to the wildlife officer designated under section 1531.13 of the Revised Code in whose jurisdiction the beaver dam is located. The wildlife officer shall inform the owner of the property on which the beaver dam exists of the applicable requirements established in Chapter 1533. of the Revised Code and rules adopted under it governing the trapping of beavers. The wildlife officer shall allow beavers to be trapped for the purposes of this section notwithstanding any provision of Chapter 1533. of the Revised Code or any rule adopted pursuant to it to the contrary.
(3) If the board determines that the owner on whose property the beaver dam exists does not have to remove the dam or trap any beavers that are on the property, the board shall send a written notice of that determination by certified mail to the owner and to the aggrieved owner.
Sec. 505.874.  (A) The cost that is incurred by a board of township trustees for making the determination that is required in section 505.873 of the Revised Code shall be taxed as follows:
(1) If the board determines that the owner on whose property a beaver dam exists must remove the dam, trap any beavers that are on the property, or do both, that owner shall be taxed. If the owner does not pay the township fiscal officer within thirty days from the date of the receipt of the notification of the amount to be paid, the cost shall be certified by the fiscal officer to the county auditor with a correct description of the property and the amount charged against it.
(2) If the board determines that the owner on whose property a beaver dam exists does not have to remove the dam or trap any beavers that are on the property, that owner and the aggrieved owner shall be taxed equally. If either owner does not pay the township fiscal officer within thirty days from the date of the receipt of the notification of the amount to be paid, the cost shall be certified by the fiscal officer to the county auditor with a correct description of the applicable property and the amount charged against it.
(B) The county auditor shall place the amount authorized in division (A)(1) or (2) of this section on the tax duplicate to be collected as other taxes, and the county treasurer shall pay it, when collected, to the township fiscal officer as other moneys are paid.
(C) As used in this section, "cost" includes notification costs and costs associated with the viewing of property by a board of township trustees under section 505.873 of the Revised Code.
Sec. 505.875.  (A) If the owner on whose property a beaver dam exists and beavers are located fails to remove the dam or trap the beavers, as applicable, as ordered by a board of township trustees under section 505.873 of the Revised Code, the board shall award a contract to the lowest responsible bidder agreeing to furnish the labor and materials to remove the beaver dam and trap the beavers, if applicable, after advertising for bids once a week for two consecutive weeks in a newspaper of general circulation in the county in which the township is located.
In addition, the board also may advertise for bids in trade papers or other publications designated by the board or by electronic means, including posting the notice on the board's internet site, if any. If the board posts the notice on its internet site, it may eliminate the second notice that is otherwise required to be published in a newspaper of general circulation in the county in which the township is located, provided that the first notice that is published in such a newspaper meets all of the following requirements:
(1) It is published at least two weeks before the opening of bids.
(2) It includes a statement that the notice is posted on the board's internet site.
(3) It includes the internet address of the board's internet site and instructions describing how the notice may be accessed on the internet site.
(B) If no bids are received from responsible bidders as provided in this section, the board shall procure labor and materials and cause the beaver dam to be removed and the beavers to be trapped, if applicable.
(C) No person shall obstruct or interfere with anyone who is lawfully engaged in the removal of a beaver dam or the trapping of beavers in accordance with this section.
Sec. 505.876.  (A) When the work that is provided for under section 505.875 of the Revised Code is completed to the satisfaction of the board of township trustees, the board shall certify the costs to the township fiscal officer. If the costs are not paid within thirty days by the owner on whose property the beaver dam or beavers were located, as applicable, the township fiscal officer shall certify them to the applicable county auditor with a statement of the costs of the removal of the beaver dam and trapping of the beavers, if applicable, and incidental costs incurred by the board under that section and a correct description of the property on which the costs are assessed.
(B) The county auditor shall place the amounts certified on the tax duplicate, which shall become a lien and be collected as other taxes. 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. 505.99.  (A) Whoever violates section 505.374, 505.74, 505.75, 505.76, 505.77, or 505.94 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 505.875 of the Revised Code is guilty of a misdemeanor of the third degree.
Sec. 1531.02.  The ownership of and the title to all wild animals in this state, not legally confined or held by private ownership legally acquired, is in the state, which holds such title in trust for the benefit of all the people. Individual possession shall be obtained only in accordance with the Revised Code or division rules. No person at any time of the year shall take in any manner or possess any number or quantity of wild animals, except wild animals that the Revised Code or division rules permit to be taken, hunted, killed, or had in possession, and only at the time and place and in the manner that the Revised Code or division rules prescribe. No person shall buy, sell, or offer any part of wild animals for sale, or transport any part of wild animals, except as permitted by the Revised Code or division rules. No person shall possess or transport a wild animal that has been taken or possessed unlawfully outside the state.
A person doing anything prohibited or neglecting to do anything required by this chapter or Chapter 1533. of the Revised Code or contrary to any division rule violates this section. A person who counsels, aids, shields, or harbors an offender under those chapters or any division rule, or who knowingly shares in the proceeds of such a violation, or receives or possesses any wild animal in violation of the Revised Code or division rule, violates this section.
A person who traps beavers in accordance with section 505.873 or 505.875 of the Revised Code is not in violation of this section.
Section 2. That existing sections 505.99 and 1531.02 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2023 Legislative Information Systems | Disclaimer