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Sub. S. B. No. 109 As Reported by the House Judiciary and Ethics CommitteeAs Reported by the House Judiciary and Ethics Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Smith, Turner, Sawyer, Skindell, Beagle, Tavares, Cafaro, Bacon, Brown, Gentile, Hughes, Jones, Kearney, LaRose, Manning, Niehaus, Patton, Peterson, Wagoner, Widener
A BILL
To amend section 2911.21 and to enact section
2305.117 of the Revised Code to provide that a
person is not criminally or civilly liable for
trespassing on certain abandoned land, blighted
parcels, or similar places of public amusement if
the person enters or remains on the land or parcel
to remediate it and knows or has reasonable cause
to believe that the land or parcel is in one of
those categories; to provide the property owner
with immunity from liability to a person who
enters or remains on the land or parcel in those
circumstances subject to the statute governing
liability to trespassers; and to provide that a
person who enters or remains on the land or parcel
in those circumstances is not entitled to any
reimbursement for any cost of the remediation
unless agreed to by the property owner.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2911.21 be amended and section
2305.117 of the Revised Code be enacted to read as follows:
Sec. 2305.117. (A) As used in this section:
(1) "Abandoned land" and "unoccupied" have the same meanings
as in section 323.65 of the Revised Code.
(2) "Blighted parcel" has the same meaning as in section 1.08
of the Revised Code.
(3) "Cost or expense of remediation" means any cost or
expense associated with any effort to remediate any abandoned
land, abandoned land that is unoccupied, blighted parcel, or place
of public amusement that is abandoned land, abandoned land that is
unoccupied, or a blighted parcel, including, but not limited to,
any cost or expense of any material, equipment, product, or labor
used in or otherwise associated with the effort.
(4) "Place of public amusement" has the same meaning as in
section 2911.23 of the Revised Code.
(5) "Railroad" has the same meaning as in section 4907.02 of
the Revised Code.
(6) "Remediate" has the same meaning as in section 2911.21 of
the Revised Code.
(7) "Trespasser" means an individual who, without express or
implied authorization, invitation, or inducement, enters abandoned
land, abandoned land that is unoccupied, a blighted parcel, or a
place of public amusement that is abandoned land, abandoned land
that is unoccupied, or a blighted parcel purely for the
individual's own purposes and convenience.
(B) Subject to division (C) of this section, no owner of
abandoned land, abandoned land that is unoccupied, a blighted
parcel, or a place of public amusement that is abandoned land,
abandoned land that is unoccupied, or a blighted parcel has a
civil action, or may receive an award of damages in a civil
action, against another person for the other person knowingly
entering or remaining upon that land, parcel, or place of public
amusement during the daylight hours from sunrise to sunset if the
other person proves both of the following:
(1) The other person knowingly entered or remained on that
land, parcel, or place of public amusement in order to remediate
that land, parcel, or place of public amusement.
(2) Before entering upon that land, parcel, or place of
public amusement, the other person knew, or after duly
investigating the matter had reasonable cause to believe, that the
land was abandoned land or abandoned land that was unoccupied,
that the parcel was a blighted parcel, or that the place of public
amusement was a place of public amusement that was abandoned land,
abandoned land that was unoccupied, or a blighted parcel.
(C) Division (B) of this section does not apply with respect
to any land or parcel that is owned by a railroad.
(D)(1) Subject to division (D)(2) of this section, no person
who is a trespasser and who enters or remains on any abandoned
land, abandoned land that is unoccupied, a blighted parcel, or a
place of public amusement that is abandoned land, abandoned land
that is unoccupied, or a blighted parcel in order to remediate
that land, parcel, or place of public amusement has a civil
action, or may receive an award of damages in a civil action,
against the owner of that land, parcel, or place of public
amusement.
(2) Division (D)(1) of this section does not apply with
respect to any injury, death, or loss to person or property of a
trespasser that occurred while the trespasser entered or remained
on any abandoned land, abandoned land that is unoccupied, a
blighted parcel, or a place of public amusement that is abandoned
land, abandoned land that is unoccupied, or a blighted parcel, to
the extent that section 2305.402 of the Revised Code provides for
or governs civil liability with respect to the injury, death, or
loss.
(E)(1) Subject to division (E)(2) of this section, no person
who enters or remains on any abandoned land, abandoned land that
is unoccupied, blighted parcel, or place of public amusement that
is abandoned land, abandoned land that is unoccupied, or a
blighted parcel in order to remediate that land, parcel, or place
of public amusement has a civil action, or may receive an award of
damages in a civil action, against the owner of that land, parcel,
or place of public amusement for reimbursement of any cost or
expense of remediation.
(2) Division (E)(1) of this section does not apply to a cost
or expense of remediation to the extent that the person who enters
on or remains on the land, parcel, or place of public amusement
has entered into an agreement with the owner of the land, parcel,
or place of public amusement for reimbursement of that cost or
expense of remediation.
Sec. 2911.21. (A) No person, without privilege to do so,
shall do any of the following:
(1) Knowingly enter or remain on the land or premises of
another;
(2) Knowingly enter or remain on the land or premises of
another, the use of which is lawfully restricted to certain
persons, purposes, modes, or hours, when the offender knows the
offender is in violation of any such restriction or is reckless in
that regard;
(3) Recklessly enter or remain on the land or premises of
another, as to which notice against unauthorized access or
presence is given by actual communication to the offender, or in a
manner prescribed by law, or by posting in a manner reasonably
calculated to come to the attention of potential intruders, or by
fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently
fail or refuse to leave upon being notified by signage posted in a
conspicuous place or otherwise being notified to do so by the
owner or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that the
land or premises involved was owned, controlled, or in custody of
a public agency.
(C) It is no defense to a charge under this section that the
offender was authorized to enter or remain on the land or premises
involved, when such authorization was secured by deception.
(D)(1) Whoever violates this section is guilty of criminal
trespass, a misdemeanor of the fourth degree.
(2) Notwithstanding section 2929.28 of the Revised Code, if
the person, in committing the violation of this section, used a
snowmobile, off-highway motorcycle, or all-purpose vehicle, the
court shall impose a fine of two times the usual amount imposed
for the violation.
(3) If an offender previously has been convicted of or
pleaded guilty to two or more violations of this section or a
substantially equivalent municipal ordinance, and the offender, in
committing each violation, used a snowmobile, off-highway
motorcycle, or all-purpose vehicle, the court, in addition to or
independent of all other penalties imposed for the violation, may
impound the certificate of registration of that snowmobile or
off-highway motorcycle or the certificate of registration and
license plate of that all-purpose vehicle for not less than sixty
days. In such a case, section 4519.47 of the Revised Code applies.
(E) Notwithstanding any provision of the Revised Code, if the
offender, in committing the violation of this section, used an
all-purpose vehicle, the clerk of the court shall pay the fine
imposed pursuant to this section to the state recreational vehicle
fund created by section 4519.11 of the Revised Code.
(F) Subject to division (G) of this section, it is an
affirmative defense to a charge of a violation of this section
that the person charged knowingly entered or remained on abandoned
land, abandoned land that was unoccupied, a blighted parcel, or a
place of public amusement that was abandoned land, abandoned land
that was unoccupied, or a blighted parcel during the daylight
hours from sunrise to sunset, without privilege to do so and that
both of the following apply:
(1) The person knowingly entered or remained on that land,
parcel, or place of public amusement for the sole purpose to
remediate that land, parcel, or place of public amusement.
(2) Before entering upon that land, parcel, or place of
public amusement, the person knew, or after duly investigating the
matter had reasonable cause to believe, that the land was
abandoned land or abandoned land that was unoccupied, that the
parcel was a blighted parcel, or that the place of public
amusement was a place of public amusement that was abandoned land,
abandoned land that was unoccupied, or a blighted parcel.
(G) Division (F) of this section does not apply with respect
to any land or parcel that is owned by a railroad.
(H) As used in this section:
(1) "All-purpose vehicle," "off-highway motorcycle," and
"snowmobile" have the same meanings as in section 4519.01 of the
Revised Code.
(2) "Land or premises" includes any land, building,
structure, or place belonging to, controlled by, or in custody of
another, and any separate enclosure or room, or portion thereof.
(3) "Abandoned land" and "unoccupied" have the same meanings
as in section 323.65 of the Revised Code.
(4) "Remediate" means to improve the landscaping, clean up
litter, or repair dilapidated conditions on abandoned land,
abandoned land that is unoccupied, a blighted parcel, or a place
of public amusement that is abandoned land, abandoned land that is
unoccupied, or a blighted parcel or to board up windows and doors
on any building or structure that is located on the abandoned
land, abandoned land that is unoccupied, blighted parcel, or place
of public amusement. Remediate does not include any of the
following:
(a) Any cosmetic improvement, including painting of any kind,
to any building or structure that is located on abandoned land,
abandoned land that is unoccupied, a blighted parcel, or a place
of public amusement that is abandoned land, abandoned land that is
unoccupied, or a blighted parcel;
(b) Any act or conduct that results in any additional damage
to abandoned land, abandoned land that is unoccupied, a blighted
parcel, or a place of public amusement that is abandoned land,
abandoned land that is unoccupied, or a blighted parcel or to any
building or structure that is located on any such land, parcel, or
place.
(5) "Place of public amusement" has the same meaning as in
section 2911.23 of the Revised Code.
(6) "Railroad" has the same meaning as in section 4907.02 of
the Revised Code.
(7) "Blighted parcel" has the same meaning as in section 1.08
of the Revised Code.
Section 2. That existing section 2911.21 of the Revised Code
is hereby repealed.
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