reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.07 | Securing Building, Structure or Outdoor Location Against Unauthorized Entry.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) Within thirty days after the cessation of regulated operations at a facility for which a notice and certification are required to be submitted under sections 3752.04 and 3752.06 of the Revised Code, the owner or operator of the facility shall secure against unauthorized entry each building or structure at the facility where regulated operations were conducted and that contains or is contaminated with regulated substances and each outdoor location of operation. The owner or operator shall secure each such building, structure, or outdoor location of operation by boarding windows, doors, and other potential means of entry, by providing security personnel, or by other methods prescribed in rules adopted under section 3752.03 of the Revised Code. Within that thirty-day period, the owner or operator also shall post about each such building, structure, or outdoor location of operation in publicly visible locations warning signs that prohibit trespassing and state that the building, structure, or outdoor location of operation contains or is contaminated with regulated substances that may endanger public health or safety if released into the environment. The owner or operator shall continue the security measures, and maintain the warning signs, as required at each such building, structure, or outdoor location of operation until the owner or operator has complied with section 3752.06 of the Revised Code and the director has verified the compliance and concurred with the owner's or operator's certification made under that section.
(B) Promptly after discovering that any of the entry barriers or warning signs installed pursuant to this section have been damaged, lost, or removed, the owner or operator shall repair or replace them in order to maintain the security of the building, structure, or outdoor location of operation.
(C) No person shall fail to comply with this section.
(D) Any law enforcement officer, as defined in section 2901.01 of the Revised Code, may arrest for violations of this section.
(E) Notwithstanding any section of the Revised Code relating to the distribution and crediting of fines for violations of the Revised Code, fines imposed under division (B) or (C) of section 3752.99 of the Revised Code for violations prosecuted by the prosecuting attorney of a county, a city director of law, or a village solicitor shall be credited to the general fund of the political subdivision on whose behalf the legal officer prosecuted the violation and shall be used exclusively to defray the costs to the political subdivision of enforcing this chapter and rules adopted and orders issued under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.08 | Inspection.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) Promptly after receiving a certification under section 3752.06 of the Revised Code, the director of environmental protection or an authorized representative of the director shall conduct an inspection of the facility named in the certification to determine whether the requirements of that section, applicable rules adopted under section 3752.03 of the Revised Code, and any orders issued under section 3752.16 of the Revised Code have been met. Prior to conducting the inspection, the director or his authorized representative shall schedule a time to conduct the inspection with the contact person designated by the owner or operator under section 3752.05 of the Revised Code. The contact person shall accompany the director or his authorized representative during the inspection. Nothing in this division diminishes the authority of the director or his authorized representative to conduct inspections under section 3752.12 of the Revised Code.
(B) The director, upon request or upon his own initiative, may investigate or make inquiries into any violation of this chapter or rules adopted or orders issued under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.112 | Holder of Mortgage or Fiduciary Failing to Act.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) If the holder of a mortgage or fiduciary fails to undertake the actions required under division (B) of section 3752.11 or of section 3752.111 of the Revised Code, respectively, the director of environmental protection, on behalf of the state, or any political subdivision in which the affected reporting facility is located may undertake the actions required under division (B) of either of those sections. The costs so incurred by the director or the political subdivision shall be recoverable as a civil penalty under division (C) of section 3752.17 of the Revised Code.
(B) If, after receiving notice under division (C) of section 3752.11 or of section 3752.111 of the Revised Code, the director or the political subdivision in which the affected reporting facility is located determines that the facility should continue to be secured against unauthorized entry, the director or the political subdivision may undertake any of the actions specified in division (B)(1) of section 3752.11 or division (B) of section 3752.111 of the Revised Code. The costs so incurred are a lien upon the facility. The director or the appropriate official of the political subdivision shall prepare and present for recording in the office of the county recorder of the county in which the facility is located notice of the lien. The county recorder shall not charge a fee for recording a notice of lien under this division.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.12 | Right of Entry.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) The director of environmental protection or his authorized representative , upon proper identification and upon stating the purpose and necessity of an inspection, may enter at reasonable times upon any public or private property, real or personal, to inspect or investigate, obtain samples, and examine and copy records to determine compliance with this chapter and rules adopted and orders issued under it. The director or his authorized representative may apply for, and any judge of a court of record may issue for use within the court's territorial jurisdiction, an administrative inspection warrant under division (F) of section 2933.21 of the Revised Code or other appropriate search warrant necessary to achieve the purposes of this chapter.
(B) If the entry authorized by division (A) of this section is refused or if the inspection or investigation so authorized is refused, hindered, or thwarted by intimidation or otherwise, and if the director or his authorized representative applies for and obtains a search warrant under division (A) of this section to conduct the inspection or investigation, the owner or operator of the premises where entry was refused or inspection or investigation was refused, hindered, or thwarted is liable to the director for the reasonable costs incurred by him for the regular salaries and fringe benefit costs of personnel assigned to conduct the inspection or investigation from the time the entry, inspection, or investigation was refused, hindered, or thwarted until the search warrant is executed; for the salary, fringe benefits, and travel expenses of the attorney general or an authorized assistant incurred in obtaining the search warrant; and for expenses necessarily incurred for the assistance of local law enforcement officers in executing the search warrant. In the application for the search warrant, the director may request, and the court, in its order granting the search warrant, may order the owner or operator of the premises to reimburse the director for such of those costs as the court finds reasonable. From the moneys recovered under this division, the director shall reimburse the attorney general for the costs incurred by him or his authorized assistant in connection with the proceedings for obtaining the search warrant, shall reimburse the political subdivision in which the premises is located for the assistance of its law enforcement officers in executing the search warrant, and shall deposit the remainder of any such moneys to the credit of the general revenue fund.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.14 | Entry or Remaining on Premises of Reporting Facility in Violation of Warning Signs.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) No person, without privilege to do so, shall do any of the following:
(1) Enter or remain on the premises of a reporting facility at which warning signs are posted in compliance with section 3752.07, 3752.11, 3752.111, 3752.112, or 3752.113 of the Revised Code;
(2) Enter or remain in a building or structure located at a reporting facility, or an outdoor location of operation, at which warning signs are posted in compliance with any of those sections;
(3) Being on the premises of a reporting facility at which warning signs are posted in compliance with any of those sections, in a building or structure located at such a facility, or at an outdoor location of operation at such a facility, fail or refuse to leave upon being ordered to do so by the owner or operator or an agent or servant of either.
(B) It is no defense to a charge under this section that the premises of the reporting facility involved was owned, controlled, or in the 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 premises of the reporting facility involved when the authorization was obtained by deception.
(D) Violation of this section is not criminal trespass under section 2911.21 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.15 | Prohibitions.

Effective:
July 1, 1995
Latest Legislation:
House Bill 98 - 120th General Assembly
No person shall falsify, tamper with, or render inaccurate any certification, information, or records required to be kept or submitted under this chapter or a rule adopted or order issued under it. Violation of this section is not falsification under section 2921.13 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.16 | Order to Abate Violation.

Effective:
July 1, 1995
Latest Legislation:
House Bill 98 - 120th General Assembly
The director of environmental protection may issue orders in accordance with Chapter 3745. of the Revised Code directing the owner or operator of a reporting facility to abate a violation of any section of this chapter other than section 3752.11, 3752.111, or 3752.113 of the Revised Code, or a rule adopted under this chapter, within a specified, reasonable time.
No person shall violate a term or condition of an order issued under this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.18 | No Effect on Other Remedies.

Effective:
July 1, 1995
Latest Legislation:
House Bill 98 - 120th General Assembly
This chapter does not abridge rights of action or remedies in equity, under common law, or as provided by statute or limit the state or any political subdivision or person in the exercise of their rights in equity, under common law, or as provided by statute to suppress nuisances or to abate or prevent pollution.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.99 | Penalty.

Effective:
July 1, 1995
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) Whoever recklessly violates any section of this chapter or a rule adopted or order issued under it, except section 3752.07, 3752.11, 3752.111, 3752.113, or 3752.14 of the Revised Code, a rule adopted under section 3752.03 of the Revised Code pertaining to the securing of buildings, structures, or outdoor locations of operation, or an order issued to enforce any of those sections or such a rule, shall be fined not less than ten thousand nor more than twenty-five thousand dollars or imprisoned not less than two nor more than four years, or both. Each day of violation is a separate offense. For each subsequent offense, the offender shall be fined not less than twenty-five thousand nor more than fifty thousand dollars or imprisoned not less than two nor more than four years, or both.
(B) Whoever recklessly violates section 3752.07 or 3752.14 of the Revised Code, a rule adopted under section 3752.03 of the Revised Code pertaining to the securing of buildings, structures, or outdoor locations of operation in connection with either of those sections, or an order issued to enforce either of those sections or such a rule is guilty of a misdemeanor of the first degree. Each day of violation is a separate offense.
(C) Whoever recklessly violates section 3752.11, 3752.111, or 3752.113 of the Revised Code or a rule adopted under section 3752.03 of the Revised Code pertaining to the securing of buildings, structures, or outdoor locations of operation in connection with any of those sections is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3753 | Risk Management Program › Section 3753.02 | Rules.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
For the purpose of implementing and administering this chapter, the director of environmental protection may adopt, amend, and rescind rules in accordance with Chapter 119. of the Revised Code. The rules shall be consistent with, equivalent in scope, content, and coverage to, and no more stringent than the requirements of section 112(r) of the Clean Air Act Amendments and any regulations adopted pursuant to that section. Rules adopted under this section shall prescribe notice requirements by which the public is informed about and afforded the opportunity to comment on risk management plans submitted in accordance with this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3753 | Risk Management Program › Section 3753.03 | Owner or Operator to Submit Risk Management Plan.

Effective:
June 30, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
(A) Effective upon the date that the United States environmental protection agency delegates the program created under section 112(r) of the Clean Air Act Amendments to the environmental protection agency of this state, an owner or operator of a stationary source that has a covered process shall develop and submit a risk management plan no later than the latest of the following:
(1) Not later than ten days after the notice of delegation of the program to the state appears in the federal register, or ten days after the effective date of this amendment, whichever occurs later;
(2) The date on which a regulated substance is first present above a threshold quantity in a process at the stationary source;
(3) Three years after the date on which a regulated substance at the stationary source is first listed under 40 C.F.R. 68.130.
(B) An owner or operator who is subject to division (A) of this section shall submit a single risk management plan that reflects all covered processes at the stationary source by the applicable deadline established under that division and that is in the form required by the director of environmental protection in rules adopted under section 3753.02 of the Revised Code. The risk management plan shall include all of the following, as applicable:
(1) A registration that reflects all covered processes at the stationary source pursuant to 40 C.F.R. 68.160;
(2) The applicable information required to be submitted with the plan under section 3753.04 of the Revised Code;
(3) A summary of the actions taken to comply with all of the other applicable requirements established under section 3753.04 of the Revised Code.
(C) An owner or operator who has submitted a risk management plan as required by division (A) of this section or submitted an update to a risk management plan under division (C) of this section shall revise, update, and submit the risk management plan in accordance with whichever of the following is applicable:
(1) Not later than five years after the initial submission of the risk management plan under division (A) of this section;
(2) Not later than five years after the most recent update of the risk management plan submitted under division (C) of this section;
(3) As otherwise provided in rules adopted by the director under section 3753.02 of the Revised Code.
(D) No owner or operator who is required to submit, revise, or update a risk management plan shall fail to do so within the prescribed time.
(E) An owner or operator who is required to submit a risk management plan and who knowingly makes a false statement in the plan, on a record upon which information in the plan is based, or on or pertaining to any other information or records required to be maintained under this chapter or rules adopted under it is guilty of falsification under section 2921.13 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3753 | Risk Management Program › Section 3753.07 | Right of Entry.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
The director of environmental protection or the director's authorized representative, upon proper identification and upon stating the purpose and necessity of an inspection, may enter at reasonable times upon any private or public property, real or personal, to inspect, investigate, obtain samples, and examine and copy records to determine compliance with this chapter and rules adopted or orders issued under it. The director or the director's authorized representative may apply for, and any judge of a court of record may issue for use within the court's territorial jurisdiction, an administrative inspection warrant under division (F) of section 2933.21 of the Revised Code or other appropriate search warrant necessary to achieve the purposes of this chapter and rules adopted or orders issued under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3753 | Risk Management Program › Section 3753.08 | Order to Abate Violation.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
The director of environmental protection may issue orders requiring an owner or operator who is subject to this chapter to abate a violation of section 3753.06 of the Revised Code. The director may issue such orders as final orders without issuing a proposed action under section 3745.07 of the Revised Code and, notwithstanding section 119.06 of the Revised Code, without the necessity to hold an adjudication hearing. Issuance of an order under this section is not a condition precedent to bringing any civil or criminal action under this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3753 | Risk Management Program › Section 3753.09 | Prosecutions - Injunctive Relief - Civil Penalties - Investigations.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
(A) The attorney general or the prosecuting attorney of the county or director of law of the city where a violation has occurred or is occurring, upon written request of the director of environmental protection, shall prosecute to termination any person who has violated division (D) of section 3753.03 of the Revised Code or shall bring an action for injunction against any person who has violated or is violating section 3753.06 of the Revised Code. The court of common pleas in which an action for injunction is filed has the jurisdiction to and shall grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating section 3753.06 of the Revised Code. The court shall give precedence to such an action over all other cases.
(B) Whoever violates section 3753.06 of the Revised Code shall pay a civil penalty of not more than twenty-five thousand dollars for each day of each violation. The attorney general or the prosecuting attorney of the county or director of law of the city where a violation of that section has occurred or is occurring, upon written request of the director, shall bring an action for the imposition of a civil penalty under this division against any person who has committed or is committing any such violation. Moneys resulting from civil penalties imposed under this division shall be credited to the risk management plan reporting fund created in section 3753.05 of the Revised Code.
(C) Upon the certified written request of any person, the director shall conduct investigations and make inquiries that are necessary to secure compliance with this chapter or rules adopted or orders issued under it. The director, upon request or upon the director's own initiative, may investigate or make inquiries into any violation of this chapter or rules adopted or orders issued under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3753 | Risk Management Program › Section 3753.10 | State, Officers or Employees - Immunity.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
(A) As used in this section:
(1) "Harm" means injury to, death of, or loss to person or property.
(2) "Tort action" means a civil action for damages for harm, but does not include a civil action for damages for a breach of contract or other agreement between persons or for a breach of a warranty that exists pursuant to the Revised Code or the common law of this state.
(B) The state, and any officer or employee of the state as defined in section 109.36 of the Revised Code, is not liable in a tort action when the state inspects, investigates, reviews, or accepts a risk management plan from an owner or operator who is subject to this chapter unless an action or omission of the state, or of an officer or employee of the state, constitutes willful or wanton misconduct or intentionally tortious conduct. Any action brought against the state under this division shall be brought in the court of claims.
(C)(1) This section does not create, and shall not be construed as creating, a new cause of action against or substantive legal right against the state or an officer or employee of the state.
(2) This section does not affect, and shall not be construed as affecting, any immunities from civil liability or defenses established by the Revised Code, the United States Constitution, or the Ohio Constitution or available at common law to which this state, or an officer or employee of the state, may be entitled under circumstances not covered by this section.
(3) Section 9.86 of the Revised Code does not apply to an officer or employee of the state if the officer or employee is performing work in connection with inspecting, investigating, reviewing, or accepting a risk management plan from an owner or operator who is subject to this chapter at the time that the officer or employee allegedly caused the harm or caused or contributed to the presence or release of toxic or flammable substances for which damages are sought in a tort action. In that case, the immunities conferred by division (B) of this section apply to that individual.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3753 | Risk Management Program › Section 3753.99 | Penalty.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
Whoever purposely violates division (D) of section 3753.03 of the Revised Code shall be fined not more than twenty thousand dollars and imprisoned for not more than one year, or both. Each day of violation is a separate offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.01 | Assemblies - Mob Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As used in sections 3761.01 to 3761.10, inclusive, of the Revised Code:
(A) "Mob" means a collection of people assembled for an unlawful purpose and intending to do damage or injury to anyone, or pretending to exercise correctional power over other persons by violence and without authority of law.
(B) "Lynching" means an act of violence by a mob upon the body of any person.
(C) "Serious injury" means such injury as permanently or temporarily disables the person receiving it from earning a livelihood, by manual labor.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.02 | Damages in Case of Assault.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person taken from officers of justice by a mob, and assaulted with whips, clubs, missles, or in any other manner, may recover from the county in which the assault is made, damages not to exceed one thousand dollars.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.03 | Damages in Case of Lynching.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person assaulted and lynched by a mob may recover, from the county in which such assault is made, a sum of not to exceed five hundred dollars; or, if the injury received therefrom is serious, a sum of not to exceed one thousand dollars; or, if such injury results in permanent disability to earn a livelihood by manual labor, a sum of not to exceed five thousand dollars.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.05 | Person Suffering Death or Injury From a Mob Trying to Lynch Another.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 3761.01 to 3761.10, inclusive, of the Revised Code shall apply to a person suffering death or injury from a mob while it is attempting to lynch another person. Such person, or his legal representatives, shall have a like right of action as one purposely injured or killed by such mob.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.06 | Order to Include Amount of Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a recovery is had under sections 3761.02 to 3761.05, inclusive, of the Revised Code, the court shall include as a part of its judgment an order requiring the board of county commissioners to include the amount of the judgment in the next succeeding tax levy for such county.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.07 | County's Right of Action Against Member of Mob.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The county, in which a lynching occurs, may recover from any of the persons composing a mob the amount of a judgment and costs rendered against it, under sections 3761.01 to 3761.10, inclusive, of the Revised Code, in favor of the legal representatives of a person killed or seriously injured by such mob. A person present, with hostile intent, at a lynching is a member of the mob and is liable under this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.08 | County's Right of Action Against Another County.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a mob carries a prisoner into another county, or comes from another county to commit violence on a prisoner brought from such county for safekeeping, the county in which the lynching is committed may recover the amount of the judgment and costs, rendered against it under sections 3761.01 to 3761.10, inclusive, of the Revised Code, from the county from which the mob came, unless there was contributory negligence on the part of officials of the county bringing the action in failing to protect such prisoner or to disperse such mob.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.09 | Limitations of Action.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Actions for the recoveries provided in sections 3761.01 to 3761.10, inclusive, of the Revised Code, must be commenced, within two years from the date of the lynching, in any court having original jurisdiction of an action for damages for malicious assault.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.10 | Person Concerned in Lynching Not Immune From Prosecution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 3761.01 to 3761.10, inclusive, of the Revised Code shall not relieve a person concerned in such lynching from prosecution for homicide or assault for engaging therein.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.12 | Prohibition Against Conspiracy While Wearing Disguise.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall unite with two or more others to commit a misdemeanor while wearing white caps, masks, or other disguise.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.16 | Areas Threatened by Riot or Mob.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 16 - 134th General Assembly
(A) As used in this section, "mob" has the same meaning as in section 3761.01 of the Revised Code.
(B) The chief administrative officer of a political subdivision with police powers, when engaged in suppressing a riot or a mob or when there is a clear and present danger of a riot or a mob, may cordon off any area or areas threatened by the riot or the mob and prohibit persons from entering the cordoned off area or areas except when carrying on necessary and legitimate pursuits and may prohibit the sale, offering for sale, dispensing, or transportation of dynamite or other dangerous explosives in, to, or from the cordoned off areas.
(C) The chief administrative officer of a political subdivision with police powers, when engaged in suppressing a riot or a mob or when there is a clear and present danger of a riot or a mob, may cordon off any area or areas threatened by the riot or the mob and prohibit persons from entering the cordoned off area or areas except when carrying on necessary and legitimate pursuits and may not prohibit the otherwise legal sale, offering for sale, dispensing, or transportation of firearms, other dangerous weapons, or ammunition by a person in a cordoned off area under either of the following circumstances:
(1) The cordoned off area encompasses the person's residence or business, or the person is accompanied by another person who resides or owns a business in the cordoned off area.
(2) The cordoned off area encompasses the person's place of employment.
(D) Divisions (C)(1) and (2) of this section do not apply to prisons or jails.
Last updated March 1, 2023 at 2:46 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3761 | Assemblies; Mobs › Section 3761.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Whoever violates section 3761.12 of the Revised Code is guilty of a felony of the fourth degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.01 | Gaming Contracts Void.

Effective:
July 1, 2003
Latest Legislation:
House Bill 512 - 124th General Assembly
(A) All promises, agreements, notes, bills, bonds, or other contracts, mortgages, or other securities, when the whole or part of the consideration thereof is for money or other valuable thing won or lost, laid, staked, or betted at or upon a game of any kind, or upon a horse race or cockfights, sport or pastime, or on a wager, or for the repayment of money lent or advanced at the time of a game, play, or wager, for the purpose of being laid, betted, staked, or wagered, are void.
(B) Sections 3763.01 to 3763.08 of the Revised Code do not apply to bingo as defined in section 2915.01 of the Revised Code or to any game of chance that is not subject to criminal penalties under section 2915.02 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.02 | Money Lost at Games May Be Recovered - Exceptions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person, by playing a game, or by a wager, loses to another, money or other thing of value, and pays or delivers it or a part thereof, to the winner thereof, such person losing and paying or delivering, within six months after such loss and payment or delivery, may sue for and recover such money or thing of value or part thereof, from the winner thereof, with costs of suit.
Neither this section nor section 3763.04 of the Revised Code shall apply to any business transacted upon a regularly established stock exchange or board of trade through a member thereof whose relation to the transaction is that of broker only, and who actually delivers or receives the securities or other commodity bought or sold in accordance with the rules and regulations of said stock exchange or board of trade.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.03 | Sufficiency of Allegations in Pleading.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In the prosecution of an action under sections 3763.02 of the Revised Code, the plaintiff need only allege that the defendant is indebted to the plaintiff for, or received to the plaintiff's use, the money so lost and paid, or converted the goods won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him, without setting forth the special matter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.04 | Suit by Third Party.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person losing money or thing of value, as provided in section 3763.02 of the Revised Code, within the time therein specified, and without collusion or deceit, does not sue, and effectively prosecute, for such money or thing of value, any person may sue for and recover it, with costs of suit, against such winner, for the use of such person prosecuting such suit.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.05 | Action for Discovery.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person, liable under sections 3763.01 to 3763.08, inclusive, of the Revised Code, may be compelled to answer, upon oath, interrogatories annexed to the petition for the purpose of discovery of his liability. Upon discovery and repayment of the money or other thing, the person discovering and repaying it, with costs, shall be acquitted and discharged from further punishment, penalty, or forfeiture, for winning such money or thing discovered and repaid.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.06 | Liability of Property for Losses Occurring Thereon.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
The property, both real and personal, of a defendant against whom a judgment is rendered under sections 3763.01 to 3763.08 of the Revised Code, for fines, costs, or to recover money or any other thing of value, lost or paid, shall be liable therefor without exemption, and such judgment shall be a lien thereon until paid. If the owner of the building in which the money was lost knowingly permits it to be used for gaming purposes, such building, and the real estate upon which it stands, shall be liable therefor in a like manner. The guardian or trustee of a minor or incompetent person, permitting property under the guardian's or trustee's charge to be used for gaming purposes and to become liable on account thereof, shall be liable to the guardian's or trustee's ward for such amount.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.07 | Contracts Concerning Property Used for Gaming Are Void.

Effective:
March 17, 1987
Latest Legislation:
House Bill 158 - 116th General Assembly
When premises are occupied for gaming or lottery purposes, the lease or agreement under which they are so occupied shall be void, at the instance of the lessor, who may at any time obtain possession of the premises by civil action, or by an action under Chapter 1923. of the Revised Code. If a person leases premises for gaming or lottery purposes, or knowingly permits them to be so used and occupied, and fails forthwith to prosecute, in good faith, an action for the recovery of such premises, such lessor shall be considered in all cases, civil and criminal, as a principal in carrying on the business of gaming, or a lottery, on such premises.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3763 | Gaming › Section 3763.08 | Recovery of Losses in Lotteries.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person who expends money or thing of value or incurs an obligation for the purchase of or to procure a lottery or policy ticket, hazard, or chance, or an interest therein, in or on account of lottery, policy, scheme of chance, game of faro, pool or combination, keno, or scheme of gambling, or a person dependent for support upon or entitled to the earnings of such person, or a citizen for the use of the person so interested, may sue for and recover from the person receiving such money, thing of value, or obligation, the amount thereof, with exemplary damages, which shall not be less than fifty nor more than five hundred dollars, and may join as defendants in such suit all persons having an interest in such lottery, policy, or scheme of chance, or the possible profits thereof, as backers, vendors, owners, or otherwise.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.01 | Nuisances - Disorderly Houses Definitions.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
As used in all sections of the Revised Code relating to nuisances:
(A) "Place" includes any building, erection, or place or any separate part or portion thereof or the ground itself;
(B) "Person" includes any individual, corporation, association, partnership, trustee, lessee, agent, or assignee;
(C) "Nuisance" means any of the following:
(1) That which is defined and declared by statutes to be a nuisance;
(2) Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists, or any place, in or upon which lewd, indecent, lascivious, or obscene films or plate negatives, film or plate positives, films designed to be projected on a screen for exhibition films, or glass slides either in negative or positive form designed for exhibition by projection on a screen, are photographed, manufactured, developed, screened, exhibited, or otherwise prepared or shown, and the personal property and contents used in conducting and maintaining any such place for any such purpose. This chapter shall not affect any newspaper, magazine, or other publication entered as second class matter by the post-office department.
(3) Any room, house, building, boat, vehicle, structure, or place where beer or intoxicating liquor is manufactured, sold, bartered, possessed, or kept in violation of law and all property kept and used in maintaining the same, and all property designed for the unlawful manufacture of beer or intoxicating liquor and beer or intoxicating liquor contained in the room, house, building, boat, structure, or place, or the operation of such a room, house, building, boat, structure, or place as described in division (C)(3) of this section where the operation of that place substantially interferes with public decency, sobriety, peace, and good order. "Violation of law" includes, but is not limited to, sales to any person under the legal drinking age as prohibited in division (A) of section 4301.22 or division (A) of section 4301.69 of the Revised Code and any violation of section 2913.46 or 2925.03 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.02 | Nuisance.

Effective:
January 1, 1999
Latest Legislation:
House Bill 2 - 122nd General Assembly
(A) Any person, who uses, occupies, establishes, or conducts a nuisance, or aids or abets in the use, occupancy, establishment, or conduct of a nuisance; the owner, agent, or lessee of an interest in any such nuisance; any person who is employed in that nuisance by that owner, agent, or lessee; and any person who is in control of that nuisance is guilty of maintaining a nuisance and shall be enjoined as provided in sections 3767.03 to 3767.11 of the Revised Code.
(B) A criminal gang that uses or occupies any building, premises, or real estate, including vacant land, on more than two occasions within a one-year period to engage in a pattern of criminal gang activity is guilty of maintaining a nuisance and shall be enjoined as provided in sections 3767.03 to 3767.11 of the Revised Code. As used in this division, "criminal gang" and "pattern of criminal gang activity" have the same meanings as in section 2923.41 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.03 | Abatement of Nuisance - Bond.

Effective:
September 20, 1999
Latest Legislation:
House Bill 187 - 123rd General Assembly
Whenever a nuisance exists, the attorney general; the village solicitor, city director of law, or other similar chief legal officer of the municipal corporation in which the nuisance exists; the prosecuting attorney of the county in which the nuisance exists; the law director of a township that has adopted a limited home rule government under Chapter 504. of the Revised Code; or any person who is a citizen of the county in which the nuisance exists may bring an action in equity in the name of the state, upon the relation of the attorney general; the village solicitor, city director of law, or other similar chief legal officer of the municipal corporation; the prosecuting attorney; the township law director; or the person, to abate the nuisance and to perpetually enjoin the person maintaining the nuisance from further maintaining it. If an action is instituted under this section by a person other than the prosecuting attorney; the village solicitor, city director of law, or other similar chief legal officer of the municipal corporation; the attorney general; or the township law director, the complainant shall execute a bond in the sum of not less than five hundred dollars, to the defendant, with good and sufficient surety to be approved by the court or clerk of the court, to secure to the defendant any damages the defendant may sustain and the reasonable attorney's fees the defendant may incur in defending the action if the action is wrongfully brought, not prosecuted to final judgment, is dismissed, or is not maintained, or if it is finally decided that an injunction should not have been granted. If it is finally decided that an injunction should not have been granted or if the action was wrongfully brought, not prosecuted to final judgment, dismissed, or not maintained, the defendant shall have recourse against the bond for all damages suffered, including damages to the defendant's property, person, or character, and for the reasonable attorney's fees incurred by the defendant in defending the action.
Any agency, officer, or other person bringing an action under this section against the holder of a liquor permit issued under Chapter 4303. of the Revised Code shall notify the division of liquor control, the liquor control commission, and the liquor enforcement division of the department of public safety regarding the action at the time of bringing the action.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.07 | Court Shall Punish Offender for Violation of Injunction or Order.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case of the violation of any injunction or closing order, granted under sections 3767.01 to 3767.11, inclusive, of the Revised Code, or of a restraining order or the commission of any contempt of court in proceedings under such sections, the court or, in vacation, a judge thereof, may summarily try and punish the offender. The trial may be had upon affidavits or either party may demand the production and oral examination of the witnesses.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3767 | Nuisances › Section 3767.08 | Tax When Permanent Injunction Issues - Payment.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
Whenever a permanent injunction issues against any person for maintaining a nuisance, there shall be imposed upon said nuisance and against the person maintaining the same a tax of three hundred dollars. Such tax may not be imposed upon the personal property or against the owner thereof who has proved innocence as provided in section 3767.06 of the Revised Code, or upon the real property or against the owner thereof who shows to the satisfaction of the court or judge thereof at the time of the granting of the permanent injunction, that he has, in good faith, permanently abated the nuisance complained of. The imposition of said tax shall be made by the court as a part of the proceeding and the clerk of said court shall make and certify a return of the imposition of said tax thereon to the county auditor, who shall enter the same as a tax upon the property and against the persons upon which or whom the lien was imposed as and when other taxes are entered, and the same shall be and remain a perpetual lien upon all property, both personal and real, used for the purpose of maintaining said nuisance except as excepted in this section until fully paid. Any such lien imposed while the tax books are in the hands of the auditor shall be immediately entered therein. The payment of said tax shall not relieve the persons or property from any other taxes. The provisions of the laws relating to the collection of taxes in this state, the delinquency thereof, and sale of property for taxes shall govern in the collection of the tax prescribed in this section in so far as the same are applicable, and the said tax collected shall be applied in payment of any deficiency in the costs of the action and abatement on behalf of the state to the extent of such deficiency after the application thereto of the proceeds of the sale of personal property.