Ohio Administrative Code › Title 5537 - Turnpike Commission › Chapter 5537-5 - Damage to Property › Section 5537-5-01 - Damage to property

Current through all regulations passed and filed through July 1, 2024
(A) No person shall cut, mutilate, or remove
			 any trees, shrubs, or plants, or deface, damage, mutilate, remove, destroy, or
			 otherwise damage any sign, delineator, building, structure, tower,
			 communications facility or equipment, fence, vehicle, or any other property or
			 equipment owned by or under the jurisdiction or control of the commission or
			 its concessionaires.
(B) No person
			 shall install or attempt to install, construct or place upon or under any
			 portion of the turnpike, any item, sign, device, structure or equipment of any
			 kind for any purpose whatsoever, without prior written approval of the
			 commission.
(C) No material shall
			 be discharged on turnpike property, whether intentionally or unintentionally,
			 that may cause damage to the turnpike, the general public, the commission, its
			 agents and employees, or any real or personal property owned, leased or under
			 the supervision of the commission. For purposes of this subsection only,
			 "damage" includes any effect which may be injurious to health, safety or
			 welfare, or which may cause financial loss or delay the movement of traffic or
			 otherwise effect the safe and efficient operation of the turnpike.
(D) The operator, owner or lessee of any
			 vehicle from which a discharge in violation of any provision of this rule
			 occurs, regardless of the cause of the discharge, shall cooperate fully with
			 the commission, its employees, agents, and third parties authorized by the
			 commission, the police and the Ohio environmental protection agency to respond
			 to an emergency, discharge or blockage of traffic, and shall take any action
			 deemed necessary by them to restore normal traffic conditions and to remove
			 spilled or otherwise discharged material from the turnpike immediately. The
			 vehicle operated, owned or leased by any person failing to cooperate or take
			 such action as deemed necessary by the official in charge of the scene where
			 the discharge occurred is subject to impoundment by the commission or the
			 police until such time as all penalties, towing and storage fees and costs have
			 been satisfied.
(E) In addition to
			 any penalties prescribed by these rules or by applicable state and federal laws
			 and regulations, any person violating any provision of this rule shall be
			 liable to the commission for any and all costs arising out of said violation,
			 including the costs of:
(1) Collecting,
			 testing and disposing of the material and restoring the turnpike to its
			 condition immediately prior to the violation;
(2) Replacing or repairing, in the
			 commission's sole discretion, any property damaged by reason of said violation;
(3) Toll and concession revenue
			 lost because of the closing of the turnpike, any part thereof, or any
			 interchange by reason of said violation;
(4) Medical care, supervision or other costs
			 relating to personal injury suffered by the general public, the commission, its
			 agents or employees; and
(5) Any
			 other costs arising out of said violation and incurred by the commission or
			 third parties.