reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.09 | Tax Shall Be Imposed Against Owner of Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a nuisance is found to exist in any proceeding under sections 3767.01 to 3767.11, inclusive, of the Revised Code, and the owner or agent of such place whereon the same has been found to exist was not a party to such proceeding, and did not appear therein, the tax of three hundred dollars, imposed under section 3767.08 of the Revised Code, shall, nevertheless, be imposed against the persons served or appearing and against the property as set forth in this section. Before such tax is enforced against such property, the owner or agent thereof shall have appeared therein or shall be served with summons therein, and existing laws, regarding the service of process, shall apply to service in proceedings under sections 3767.01 to 3767.11, inclusive, of the Revised Code. The person in whose name the real estate affected by the action stands on the books of the county auditor for purposes of taxation is presumed to be the owner thereof, and in case of unknown persons having or claiming any ownership, right, title, or interest in property affected by the action, such may be made parties to the action by designating them in the petition as "all other persons unknown claiming any ownership, right, title, or interest in the property affected by the action." Service thereon may be had by publication in the manner prescribed in sections 2703.14 to 2703.19, inclusive, of the Revised Code. Any person having or claiming such ownership, right, title, or interest, and any owner or agent in behalf of himself and such owner may make defense thereto and have trial of his rights in the premises by the court; and if said cause has already proceeded to trial or to findings and judgment, the court shall, by order, fix the time and place of such further trial and shall modify, add to, or confirm such findings and judgment. Other parties to said action shall not be affected thereby.
Last updated April 14, 2022 at 2:22 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.10 | Lease Void if Building Used for Lewd Purposes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a tenant or occupant of a building or tenement, under a lawful title, uses such place for the purposes of lewdness, assignation, or prostitution, such use makes void the lease or other title under which he holds, at the option of the owner, and, without any act of the owner, causes the right of possession to revert and vest in such owner, who may without process of law make immediate entry upon the premises.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.11 | Procedure When Nuisance Established in Criminal Proceeding.

Effective:
June 1, 1992
Latest Legislation:
House Bill 343 - 119th General Assembly
(A) If a nuisance is established in a criminal action, the prosecuting attorney, village solicitor, city director of law, or other similar chief legal officer shall proceed promptly under sections 3767.03 to 3767.11 of the Revised Code to enforce those sections. The finding of the defendant guilty in the criminal action, unless reversed or set aside, shall be conclusive against the defendant as to the existence of the nuisance in the civil action under those sections.
(B) Except for proceeds described in divisions (C) to (F) of section 3767.06 of the Revised Code, all moneys collected under sections 3767.03 to 3767.11 of the Revised Code shall be paid to the county treasurer.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.12 | Habitual Resort for Thieves, Burglars, Robbers or Persons Involved in Felonious Conduct.

Effective:
March 23, 2000
Latest Legislation:
Senate Bill 107 - 123rd General Assembly
(A) As used in this section, "felonious conduct" means an offense that is a felony or a delinquent act that would be a felony if committed by an adult.
(B) A house or building used or occupied as a habitual resort for thieves, burglars, or robbers, or for persons who are conspiring or planning to commit, who are fleeing after having committed or after attempting to commit, or who are in hiding after having committed or after attempting to commit, felonious conduct is a public nuisance, and the court may order the public nuisance abated.
No person shall keep a house that is a habitual resort for thieves, burglars, or robbers, or for persons who are conspiring or planning to commit, who are fleeing after having committed or after attempting to commit, or who are in hiding after having committed or after attempting to commit, felonious conduct. No person shall let a house to be so kept, or knowingly permit a house that the person has let to be so kept.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.13 | Prohibited Acts.

Effective:
June 29, 1982
Latest Legislation:
Senate Bill 78 - 114th General Assembly
(A) No person shall erect, continue, use, or maintain a building, structure, or place for the exercise of a trade, employment, or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public.
(B) No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public.
(C) No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure, a watercourse, stream, or water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.
(D) Persons who are engaged in agriculture-related activities, as "agriculture" is defined in section 519.01 of the Revised Code, and who are conducting those activities outside a municipal corporation, in accordance with generally accepted agricultural practices, and in such a manner so as not to have a substantial, adverse effect on the public health, safety, or welfare are exempt from divisions (A) and (B) of this section, from any similar ordinances, resolutions, rules, or other enactments of a state agency or political subdivision, and from any ordinances, resolutions, rules, or other enactments of a state agency or political subdivision that prohibit excessive noise.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.14 | Prohibition Against Throwing Refuse, Oil, or Filth Into Lakes, Streams, or Drains.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall intentionally throw, deposit, or permit to be thrown or deposited, coal dirt, coal slack, coal screenings, or coal refuse from coal mines, refuse or filth from a coal oil refinery or gasworks, or whey or filthy drainage from a cheese factory, into a river, lake, pond, or stream, or a place from which it may wash therein. No person shall cause or permit petroleum, crude oil, refined oil, or a compound, mixture, residuum of oil or filth from an oil well, oil tank, oil vat, or place of deposit of crude or refined oil, to run into or be poured, emptied, or thrown into a river, ditch, drain, or watercourse, or into a place from which it may run or wash therein. Prosecution for a violation of this section must be brought in the county in which such coal mine, coal oil refinery, gasworks, cheese factory, oil well, oil tank, oil vat, or place of deposit of crude or refined oil is situated.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.15 | Fine and Costs Are a Lien.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fine and costs imposed in division (D) of section 3767.99 of the Revised Code shall be a lien on such oil well, oil tank, oil refinery, oil vat, or place of deposit and the contents thereof until paid, and such oil well, oil tank, oil refinery, oil vat, or place of deposit and the contents thereof, may be sold for the payment of such fine and costs upon execution issued for that purpose.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.16 | Prohibition Against Deposit of Dead Animals and Offal Upon Land or Water.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall put the carcass of a dead animal or the offal from a slaughterhouse, butcher's establishment, packing house, or fish house, or spoiled meat, spoiled fish, or other putrid substance or the contents of a privy vault, upon or into a lake, river, bay, creek, pond, canal, road, street, alley, lot, field, meadow, public ground, market place, or common. No owner or occupant of such place shall knowingly permit such thing to remain therein to the annoyance of any citizen or neglect to remove or abate the nuisance occasioned thereby within twenty-four hours after knowledge of the existence thereof, or after notice thereof in writing from a township trustee or township highway superintendent, constable, or health commissioner of a city or general health district in which such nuisance exists or from a county commissioner of such county.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.17 | Prohibition Against Obstructing Township or County Ditch.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall willfully obstruct a ditch, drain, or watercourse constructed by order of a board of county commissioners or by a board of township trustees, or divert the water therefrom.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.18 | Prohibition Against Defiling Spring or Well.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall maliciously put a dead animal, carcass, or part thereof, or other putrid, nauseous, or offensive substance into, or befoul, a well, spring, brook, or branch of running water, or a reservoir of a water works, of which use is or may be made for domestic purposes.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.19 | Prohibition Against Nuisances When Near State Institutions.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
No person shall carry on the business of slaughtering, tallow chandlery, or the manufacturing of glue, soap, starch, or other article, the manufacture of which is productive of unwholesome or noxious odors in a building or place within one mile of a benevolent or correctional institution supported wholly or in part by the state. No person shall erect or operate, within one hundred twenty rods of such benevolent institution, a rolling mill, blast furnace, nail factory, copper-smelting works, petroleum oil refinery, or other works which may generate unwholesome or noxious odors or make loud noises, or which may annoy or endanger the health or prevent the recovery of the inmates of such institution. Each week such business is conducted, or works operated, constitutes a separate offense.
All property, real or personal, which is used with the knowledge of the owner thereof in violation of this section, shall be liable, without exemption, for the fines and costs assessed for such violation.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.201 | Destroying or Removing Barriers Along Limited Access Highways.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
No person, firm or corporation shall cut, injure, remove, or destroy any fence or other barrier designed and erected to prevent traffic from entering or leaving a limited access highway without the permission of the director of transportation, except in a case of emergency where life or property is in danger. No person, firm, or corporation shall cause a vehicle of any character to enter or leave a limited access highway at any point other than intersections designated by the director for such purpose, except in a case of emergency where life or property is in danger.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.22 | Exceptions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Section 3767.16 of the Revised Code does not prohibit the deposit of the contents of privy vaults and catch basins into trenches or pits not less than three feet deep excavated in a lot, field, or meadow, with the consent of the owner, outside of the limits of a municipal corporation and not less than thirty rods distant from a dwelling, well or spring of water, lake, bay, pond, canal, run, creek, brook or stream of water, public road or highway, provided that such contents so deposited are forthwith covered with at least twelve inches of dry earth; nor prohibit the deposit of such contents in furrows, as specified for such trenches or pits, to be forthwith covered with dry earth by plowing or otherwise, and with the consent of the owner or occupant of the land in which such furrows are plowed.
The board of health of a city or a general health district may allow the contents of privy vaults and catch basins to be deposited within corporate limits into such trenches, pits, or furrows.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.23 | Corporations May Be Prosecuted for Nuisance - Abatement.

Effective:
August 11, 1955
Latest Legislation:
House Bill 11 - 101st General Assembly
Corporations may be prosecuted by indictment for violation of sections 3767.13 to 3767.29, inclusive, of the Revised Code, and in every case of conviction under such sections, the court shall adjudge that the nuisance described in the indictment be abated or removed within a time fixed, and, if it is of a recurring character, the defendant shall keep such nuisance abated.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.24 | Contempt Proceedings.

Effective:
August 11, 1955
Latest Legislation:
House Bill 11 - 101st General Assembly
If the defendant, convicted of a violation of sections 3767.13 to 3767.29, inclusive, of the Revised Code, fails, neglects, or refuses to abate the nuisance described in the indictment, as ordered by the court, or, if the nuisance is of a recurring character, and such defendant fails, neglects, or refuses to keep it abated, proceedings in contempt of court may be instituted against him and all others assisting in or conniving at the violation of such order, and the court may direct the sheriff to execute the order of abatement at the cost and expense of the defendant.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.25 | Venue.

Effective:
August 11, 1955
Latest Legislation:
House Bill 11 - 101st General Assembly
An offense charged under sections 3767.13 to 3767.29, inclusive, of the Revised Code, shall be held to be committed in any county whose inhabitants are, or have been, aggrieved thereby. The continuance of such nuisance for five days after the prosecution thereof is begun is an additional offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.26 | Judgment for Fine and Costs.

Effective:
August 11, 1955
Latest Legislation:
House Bill 11 - 101st General Assembly
A judgment for fine and costs rendered against a person or corporation for the violation of sections 3767.13 to 3767.29, inclusive, of the Revised Code, when the defendant has no property or has not a sufficient amount within the county upon which to levy to satisfy such judgment and costs, may be enforced and collected in the manner in which judgments are collected in civil cases.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.27 | Inspector of Nuisances.

Effective:
August 11, 1955
Latest Legislation:
House Bill 11 - 101st General Assembly
The board of county commissioners, whenever there is a violation of sections 3767.13 to 3767.29, inclusive, of the Revised Code, may employ and reasonably compensate one inspector of nuisances who shall be vested with police powers and authorized to examine all cases of violation of such sections.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.28 | Inspector of Nuisances - Powers and Duties.

Effective:
August 11, 1955
Latest Legislation:
House Bill 11 - 101st General Assembly
For the purpose of examining cases of violations of sections 3767.13 to 3767.29, inclusive, of the Revised Code, and for obtaining evidence thereof, an inspector of nuisances may enter upon any premises in any county, and shall make a complaint, and institute prosecution, against any one violating such sections. The inspector shall not be required to give security for costs. The prosecuting attorney shall be the legal advisor of such inspector and the attorney in all such prosecutions.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.29 | Prohibition Against Abandoned Refrigerators.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
No person shall abandon, discard, or knowingly permit to remain on premises under the person's control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of one and one-half cubic feet or more and an opening of fifty square inches or more and which has a door or lid equipped with hinge, latch, or other fastening device capable of securing such door or lid, without rendering said equipment harmless to human life by removing such hinges, latches, or other hardware which may cause a person to be confined therein. This section shall not apply to an icebox, refrigerator, or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse, or repairer.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.30 | Picketing or Protest During Funeral or Burial Service Prohibited.

Effective:
September 4, 2006
Latest Legislation:
House Bill 484 - 126th General Assembly
Every citizen may freely speak, write, and publish the person's sentiments on all subjects, being responsible for the abuse of the right, but no person shall picket or engage in other protest activities, nor shall any association or corporation cause picketing or other protest activities to occur, within three hundred feet of any residence, cemetery, funeral home, church, synagogue, or other establishment during or within one hour before or one hour after the conducting of an actual funeral or burial service at that place. No person shall picket or engage in other protest activities, nor shall any association or corporation cause picketing or other protest activities to occur, within three hundred feet of any funeral procession.
As used in this section, "other protest activities" means any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service or a funeral procession.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.33 | Authorization for Disposal of Materials in or Upon Banks of Ditch, Stream, River, or Other Watercourse.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
No zoning commission, municipal corporation, or other governmental authority, except the director of environmental protection acting pursuant to the powers granted to him in sections 6111.01 to 6111.08 of the Revised Code, may authorize the placing or disposal of materials in or upon the banks of a ditch, stream, river, or other watercourse after January 1, 1968, where such placing or disposal would be prohibited under the provisions of section 3767.32 of the Revised Code. Such placing or disposal may be enjoined by the common pleas court in the county in which the placing or disposal occurs, upon application by the prosecuting attorney of the county, the director of environmental protection, the director of health, or the attorney general.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.34 | Rest Room Facilities Free of Charge.

Effective:
August 18, 1976
Latest Legislation:
Senate Bill 71 - 111th General Assembly
(A) No person shall make available any rest room facility intended for multiple occupancy and which requires payment of money or any other thing of value for entry into the rest room facility, or for use of a toilet within, unless said person also makes available for use by the same sex, at the same location, an equal number of the same kind of rest room facilities, toilets, urinals, and washbowls free of charge.
(B) Rest room facilities having no more than one toilet and a washbowl, or having no more than one toilet, one urinal, and one washbowl, shall be exempt from the provisions of division (A) of this section if a key is made available immediately, or other means of access made available immediately, for any customer who requests use of the rest room facility or the toilet, urinal, or washbowl within.
(C) As used in divisions (A) and (B) of this section, "rest room facility" means any room or area containing one or more toilets, washbowls, or urinals; "multiple occupancy" means a rest room facility containing more than one toilet and one washbowl, or containing more than one toilet, one urinal, and one washbowl used for the purpose of eliminating human biological waste materials and commonly referred to as "lavatory," "toilet," "urinal," or "water closet."
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.99 | Penalty.

Effective:
July 14, 1980
Latest Legislation:
House Bill 361 - 113th General Assembly
(A) Whoever is guilty of contempt under sections 3767.01 to 3767.11 or violates section 3767.14 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates section 3767.12 or 3767.29, or, being an association, violates section 3767.30 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 3767.13, 3767.19, or 3767.32 or, being a natural person, violates section 3767.30 of the Revised Code is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this division, require a person who violates section 3767.32 of the Revised Code to remove litter from any public or private property, or in or on waters of the state.
(D) Whoever violates section 3767.16, 3767.17, 3767.18, 3767.201, or 3767.34 of the Revised Code is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.01 | Horse-Racing Permit Required.

Effective:
October 30, 1975
Latest Legislation:
House Bill 287 - 111th General Assembly
No person, association, corporation, or trust shall hold, conduct, assist, or aid and abet in holding or conducting any meetings, at which horse racing is permitted for any stake, purse, or award unless such person, association, corporation, or trust secures a permit to conduct a horse-racing meeting and complies with sections 3769.01 to 3769.14 of the Revised Code.
Such sections shall apply only to the racing of horses and do not prevent the use of any grounds, enclosure, or race track, whether or not owned or controlled by a permit holder, for any county or state fair, agricultural or livestock exhibition, horse show, or any horse racing where the pari-mutuel system of wagering upon the result of such horse racing is not permitted or allowed. This section does not permit the pari-mutuel method of wagering upon any race track unless a permit is secured as provided in sections 3769.04 to 3769.06 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.021 | Commission Secretary - Salary - Duties.

Effective:
June 29, 2004
Latest Legislation:
Senate Bill 189 - 125th General Assembly
The state racing commission shall appoint a secretary, who shall serve during the pleasure of the commission. The secretary shall devote full time to the duties of the office and shall not hold any other office or employment. To be eligible for appointment as secretary, a person shall meet the qualifications required of a commissioner under section 3769.02 of the Revised Code, except that the secretary shall be a qualified elector and resident of the state and does not need to additionally satisfy the qualification of a commissioner to be a resident of this state for not less than five years immediately preceding appointment. The secretary is subject to the restrictions applying to a commissioner under that section.
The secretary shall be paid a salary fixed pursuant to section 124.14 of the Revised Code and shall be allowed actual and necessary traveling expenses when on commission business. The salary and expenses shall be paid out of the state racing commission operating fund created by section 3769.03 of the Revised Code.
The secretary shall attend all meetings of the commission. The secretary shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents, and papers entrusted to its care.
The secretary shall be the executive officer of the commission and be responsible for keeping all commission records and the carrying out of the rules and orders of the commission. The secretary shall perform any other duties the commission prescribes.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.05 | Deposit to Be Made - Refund.

Effective:
July 13, 1981
Latest Legislation:
House Bill 330 - 114th General Assembly
At the time of making application for a permit to conduct a horse-racing meeting, the applicant shall deposit with the state racing commission a cash bond, certified check, or bank draft, payable to the order of the commission, in an amount equal to one hundred dollars for each day petitioned for in said application. At the close of the last day of the horse-racing meeting, for which a permit is issued, as provided for in section 3769.06 of the Revised Code, the commission shall refund to such permit holder the sum of one hundred dollars for each racing day the permit holder paid to the state tax commissioner the tax due for said day, as provided for and at the rate stipulated in section 3769.08 of the Revised Code. In harness horse-racing meetings, if any full day's racing is declared off by the judges because of inclement weather or a muddy track, the commission shall refund to the permit holders the sum of one hundred dollars of their deposit for each such day.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.06 | Issuance of Permit - Suspension - Revocation.

Effective:
September 19, 1996
Latest Legislation:
House Bill 561 - 121st General Assembly
Upon the proper filing of an application to conduct a horse-racing meeting accompanied by a permit fee and a cash bond, certified check, or bank draft by any person, association, trust, or corporation, not in default of payment of any obligation or debt due to the state under sections 3769.01 to 3769.14 of the Revised Code, the state racing commission may issue a permit to such applicant to hold or conduct a horse-racing meeting. Such permit shall specify:
(A) The person, association, trust, or corporation to whom the same is issued;
(B) The days upon which such horse-racing meeting is to be held or conducted;
(C) The hours of such days between which live racing programs will be permitted;
(D) The location of the place, track, or enclosure where such horse-racing meeting is to be held or conducted. Such permit shall receipt the payment of the permit fee and deposit of the cash bond, certified check, or bank draft, by the applicant. Every permit shall contain a condition that all horse races or racing meetings, conducted thereunder, shall be subject to the rules and conditions prescribed and promulgated by the commission. The commission may refuse to award days or to issue a permit to any applicant if a permit previously issued to said applicant has been revoked under the authority of such sections. Such permit may be suspended, diminished, or revoked by the commission for any violation of such sections or of any rule of the commission. The commission shall immediately enter upon its record of proceedings a memorandum of its action in such suspension, diminution, or revocation and its reasons therefor. Such permit shall be nontransferable and shall apply only to the place, track, or enclosure specified in the permit, except as provided in section 3769.13 of the Revised Code.
Each permit issued under this section to hold or conduct a horse-racing meeting shall be issued for one year from the first day of January of the year for which it is issued. The holder of such permit shall be entitled to renewal of the permit upon application to the commission for a renewal, and the commission shall renew the permit unless the commission rejects the application for good cause, according to the procedures of Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.071 | Quarter Horse Racing.

Effective:
March 29, 1988
Latest Legislation:
Senate Bill 206 - 117th General Assembly
In addition to any permit authorized to be issued by this chapter, the state racing commission may issue not more than three permits for not more than fourteen consecutive racing days each at any race track, place, or enclosure. Not more than two permits shall be issued for quarter horse racing in one county. All racing under any permit issued pursuant to this section shall be limited to quarter horse racing only. This chapter applies to quarter horse racing, which shall be classified for this purpose the same as running horse racing. The minimum purse shall be five hundred dollars.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.072 | Granting Additional Permits Where Another Track or Enclosure Is Located Within Twenty Miles or in Same County.

Effective:
September 19, 1996
Latest Legislation:
House Bill 561 - 121st General Assembly
The commission shall grant to any track or enclosure that has fewer permits or total racing days available to it than another track or enclosure located within twenty miles a number of permits so that the total number of racing days available to both tracks or enclosures is equal. The state racing commission shall issue one additional permit for not more than sixty-one days to a permit holder issued a racing permit under section 3769.07 of the Revised Code, if, on the effective date of this section, such permit holder conducts racing at a track that is located within the same county as, or is located within twenty miles of, another track for which three or more permits have previously been issued by the commission under section 3769.07 of the Revised Code. If one of the three permits is for racing at a winterized facility, the new permit issued under this section shall be for thirty days. Further, in addition to any permit authorized to be issued by this chapter, the commission shall issue not more than two additional permits for not more than fourteen days each to a permit holder issued a racing permit under section 3769.07 of the Revised Code, if, on the effective date of this section, such permit holder conducts racing at a track that is located within the same county as another track for which permits have previously been issued by the commission under section 3769.071 of the Revised Code. Permit holders receiving permits issued by the commission under this section may, but need not, conduct live racing programs under such a permit, subject to commission approval, but the number of racing days authorized by the permit shall be considered to be permit days for the purpose of section 3769.0810 of the Revised Code, whether or not live racing programs are conducted under that permit.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.084 | Ohio Thoroughbred Racing Advisory Committee.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
(A) The Ohio thoroughbred racing advisory committee is hereby created to consist of three members appointed by the governor with the advice and consent of the senate. The members of the committee shall be residents of the state knowledgeable in the breeding and racing of thoroughbred horses. The Ohio thoroughbred horsemen's association and representatives of Ohio thoroughbred race tracks may submit to the governor the names of persons whom they recommend for appointment as members of the committee. Terms of office shall be for three years, commencing on the first day of February and ending on the thirty-first day of January. Each member shall hold office from the date of his appointment until the end of the term for which he was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of his term until his successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
(B) The Ohio thoroughbred racing advisory committee shall advise and assist the state racing commission regarding the administration of the Ohio thoroughbred race fund created by section 3769.083 of the Revised Code.
(C) Members of the committee shall receive no compensation except that they shall be paid from the fund for the actual and necessary expenses incurred in the performance of their duties.
Last updated November 3, 2021 at 3:44 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.086 | Return Money When Races or Fairs Are Not Conducted.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A) If a county agricultural society or independent agricultural society is unable to conduct races in accordance with section 3769.082 of the Revised Code because of unfavorable weather or another cause or if the number of horse races and stake races that are conducted by an agricultural society is fewer than the number that was scheduled to be conducted, the pro rata remainder of the money distributed from the Ohio fairs fund under division (A)(3) of section 3769.082 of the Revised Code for each horse race and stake race not conducted shall be returned to the director to be credited to the fund.
(B) If a county agricultural society or independent agricultural society is unable to conduct an annual fair, the society shall return the money distributed by the director in accordance with division (A)(1) of section 3769.082 of the Revised Code. However, the society may keep such money if the society cancels the annual fair because of unfavorable weather or another cause, provided that the society still conducts live horse racing.
(C) If the Ohio expositions commission is unable to conduct an annual fair, the commission shall return the money distributed by the director in accordance with division (A)(2) of section 3769.082 of the Revised Code. However, the commission may keep such money if the society cancels the annual fair because of unfavorable weather or another cause, provided that the commission still conducts live horse racing.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.0811 | Rescheduling of Dates and Location of Horse Races.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A)(1) Except as provided in division (A)(2) of this section, horse races that are conducted by a county agricultural society or independent agricultural society in accordance with section 3769.082 of the Revised Code shall be conducted at the fairgrounds of the sponsoring agricultural society or, with the approval of the director of agriculture, at a track designated by the agricultural society in the applicable county. The horse races may be transferred to a suitable track with the approval of the director if the races cannot be contested due to either of the following:
(a) Unfavorable weather;
(b) Another cause.
(2) If the cause specified in division (A)(1)(b) of this section occurs during a state of emergency declared by the governor, or receipt of the director's approval is not practical, the county or independent agricultural society and the Ohio harness horsemen's association may agree to alternate accommodations, including the rescheduling of the dates and location of any horse race. Such an agreement is not subject to the approval of the director.
(B)(1) Except as provided in division (B)(2) of this section, if the races specified in division (A)(2) of section 3769.082 of the Revised Code cannot be contested by the Ohio expositions commission due to unfavorable weather or other unavoidable cause, the races may be transferred to a suitable track approved by the director of agriculture and the commission.
(2) If the unavoidable cause occurs during a state of emergency declared by the governor, or receipt of the director's approval is not practical, the Ohio expositions commission and the Ohio harness horsemen's association may agree to alternative accommodations, including the rescheduling of the dates and location of any horse race. Such an agreement is not subject to the approval of the director.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.0812 | Fees Paid to Thoroughbred Jockeys.

Effective:
June 11, 2012
Latest Legislation:
House Bill 386 - 129th General Assembly
Beginning in the calendar year after the first calendar year in which all thoroughbred permit holders receive a commission as a lottery sales agent for conducting video lottery terminal gaming on behalf of the state or on January 1, 2015, whichever occurs first, the fees to be paid to thoroughbred jockeys shall be according to the following schedule:
Purse
Winning Mount
Second Mount
Third Mount
Fourth Mount
Losing Mount
Up to $5,999
10% of win purse
$65
$60
$55
$50
$6,000 to $7,799
10% of win purse
$75
$70
$65
$60
$7,800 to $9,999
10% of win purse
5% of place purse
$75
$70
$65
$10,000 to $17,999
10% of win purse
5% of place purse
$85
$80
$75
$18,000 to $24,999
10% of win purse
5% of place purse
5% of show purse
$85
$80
$25,000 to $49,999
10% of win purse
5% of place purse
5% of show purse
$95
$85
$50,000 to $74,999
10% of win purse
5% of place purse
5% of show purse
$100
$90
$75,000 and up
10% of win purse
5% of place purse
5% of show purse
5% of fourth purse
$105
As used in this section, "win purse" means the amount paid the winning horse less the fees paid by the owner to enter the horse in the race.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.09 | Commission to Employ Racing Inspectors.

Effective:
June 22, 1984
Latest Legislation:
House Bill 37 - 115th General Assembly
The state racing commission shall employ a racing inspector to attend each horse-racing meeting, held under a permit issued under sections 3769.01 to 3769.14 of the Revised Code. Such racing inspector shall give bond in the sum of five thousand dollars with sufficient sureties to be approved by and made payable to the treasurer of state, which bond shall be filed with the secretary of state. Such racing inspectors shall be paid a salary fixed pursuant to Chapter 124. of the Revised Code. Such racing inspector shall have full and free access to the books, records, and papers pertaining to the pari-mutuel system of wagering and to the enclosure or space where the pari-mutuel system is conducted at any horse-racing meeting to which he shall be assigned, for the purpose of ascertaining whether the holder of such permit is retaining the proper amount of commission. Such racing inspector shall investigate and ascertain whether such sections or rules promulgated by the commission are being violated at such race track or enclosure. Upon discovering any such violation, such racing inspector shall immediately report his findings in writing and under oath to the commission for such action as it may deem fitting and proper.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.091 | Imposing Fines and Suspensions.

Effective:
September 27, 1994
Latest Legislation:
House Bill 361 - 120th General Assembly
The state racing commission may delegate to the stewards and judges of racing meetings under the jurisdiction of the commission the power to suspend licenses for not to exceed one year and to impose fines not to exceed one thousand dollars for any violation of the rules or orders of the commission, provided that two of such officials shall concur in such suspension. Any suspension of a license by such officials is valid even though the suspension extends beyond the period of the racing meeting for which such officials have been appointed. The suspension shall be effective at all other race meetings under the jurisdiction of the commission. Any fine or suspension may be appealed to the commission. Such appeal shall stay the fine or suspension until further action by the commission.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.10 | Enforcement of Chapter - Taxes, Fees.

Effective:
October 1, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The state racing commission and the tax commissioner shall enforce this chapter and may incur such expenses as are necessary; provided, that the power of the tax commissioner shall extend only to enforcement and administration of the taxes levied by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised Code as provided in those sections and in sections 3769.088, 3769.101, 3769.102, 3769.103, 5703.05, 5703.17 to 5703.37, 5703.39, 5703.41, and 5703.45 of the Revised Code. The commissioner may adopt, in accordance with section 5703.14 of the Revised Code, such rules as the commissioner considers necessary to administer sections 3769.08, 3769.087, 3769.088, 3769.101, 3769.102, 3769.103, 3769.26, and 3769.28 of the Revised Code.
Except as otherwise provided in section 3769.03 of the Revised Code, all taxes, fees, and moneys due the state under sections 3769.01 to 3769.071 and 3769.09 to 3769.14 of the Revised Code shall be paid to, and receipted for by, the secretary of the state racing commission, and shall be paid by the secretary weekly into the state treasury to the credit of the general revenue fund. All taxes due the state under sections 3769.08, 3769.087, and 3769.26 of the Revised Code shall be paid to, and receipted for by, the tax commissioner, and shall be paid by the commissioner monthly into the proper funds.
All vouchers of the commission shall be approved by the commission chairperson or secretary, or both, as authorized by the commission.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.101 | Horse-Racing Tax Revenue Fund.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) For the purposes of receiving, distributing, and accounting for revenue received from the taxes levied by sections 3769.08, 3769.087, and 3769.26 of the Revised Code, there is hereby created in the state treasury the horse-racing tax revenue fund.
(B) All moneys collected from the taxes imposed by sections 3769.08, 3769.087, and 3769.26 of the Revised Code shall be deposited into the horse-racing tax revenue fund.
(C) On or before the fifteenth day of each month, the tax commissioner shall pay into the nursing home franchise permit fee fund, Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred development fund, and state racing commission operating fund created under this chapter the amounts required by sections 3769.08, 3769.087, and 3769.26 of the Revised Code based on amounts received in the preceding month.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.102 | Horse-Racing Tax Municipality Fund.

Effective:
October 1, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) For the purpose of receiving, distributing, and accounting for revenue received from the tax levied by section 3769.28 of the Revised Code, there is hereby created in the state treasury the horse-racing tax municipality fund.
(B) All moneys collected from the tax imposed by section 3769.28 of the Revised Code shall be deposited into the horse-racing tax municipality fund.
(C) On or before the fifteenth day of each month, the tax commissioner shall provide for payments from the horse-racing tax municipality fund to municipal corporations or townships in which a permit holder's horse-racing meeting took place and in which any facilities or accessory uses therefor were located based on amounts received in the preceding month from the permit holder. The amount collected from a permit holder pursuant to section 3769.28 of the Revised Code shall be divided equally between the municipal corporations or townships in which a permit holder's horse-racing meeting took place and in which any facilities or accessory uses therefor were located. Such municipal corporations or townships may distribute a portion of the moneys so received to any adjoining political subdivision that incurs increased expenses because of such a horse-racing meeting.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.103 | Remittance of Tax Due.

Effective:
October 1, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) On each day on which banks are open for business, or not later than noon of the calendar day following a racing day on which banks are not open for business, a permit holder shall remit the amount of tax due under sections 3769.08, 3769.087, and 3769.26 of the Revised Code in the manner required by the commissioner. The permit holder shall file with the tax due a report in the form required by the commissioner. The report shall reflect the activity of the previous racing day and include any other information the commissioner considers necessary to administer the taxes imposed under sections 3769.08, 3769.087, and 3769.26 of the Revised Code.
(B) Within ten days after the close of a horse-racing meeting, a permit holder shall remit the amount of tax due under section 3769.28 of the Revised Code in the manner required by the commissioner. The permit holder shall file with the tax due the final report required pursuant to section 3769.28 of the Revised Code in the form required by the commissioner. The report shall include any information the commissioner considers necessary to administer the tax imposed by section 3769.28 of the Revised Code.
(C) The commissioner may require permit holders to use the Ohio business gateway to file reports and remit the tax, or may provide for another means for taxpayers to file and remit the tax electronically.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3769 | Horse Racing › Section 3769.12 | Duty of County Sheriffs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The county sheriff shall enforce sections 3769.01 to 3769.14, inclusive, of the Revised Code.