130th Ohio General Assembly
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Sub. S. B. No. 109  As Reported by the House Judiciary and Ethics Committee
As Reported by the House Judiciary and Ethics Committee

129th General Assembly
Regular Session
2011-2012
Sub. S. B. No. 109


Senator Schiavoni 

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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