Bill Text: OH HB42 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To establish requirements and procedures for the removal of beaver dams and beavers as ordered by boards of township trustees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-02-24 - To Agriculture & Natural Resources [HB42 Detail]
Download: Ohio-2009-HB42-Introduced.html
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Representative Evans
Cosponsors:
Representatives Amstutz, Book, Harris, Stewart, Stebelton, Derickson, Okey
| To amend sections 505.99 and 1531.02 and to enact | 1 |
| sections 505.872, 505.873, 505.874, 505.875, and | 2 |
| 505.876 of the Revised Code to establish | 3 |
| requirements and procedures for the removal of | 4 |
| beaver dams and beavers as ordered by boards of | 5 |
| township trustees. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 505.99 and 1531.02 be amended and | 7 |
| sections 505.872, 505.873, 505.874, 505.875, and 505.876 of the | 8 |
| Revised Code be enacted to read as follows: | 9 |
| Sec. 505.872. As used in this section and sections 505.873 | 10 |
| to 505.876 of the Revised Code, "aggrieved owner" means the owner | 11 |
| of property that has been flooded by water as a result of a beaver | 12 |
| dam that is located on adjoining property. | 13 |
| Sec. 505.873. (A) If a beaver dam that exists on an owner's | 14 |
| property causes the adjoining owner's property to be flooded, the | 15 |
| owner shall remove the beaver dam and trap any beavers that are on | 16 |
| the owner's property. If the owner neglects to remove such a | 17 |
| beaver dam and trap any beavers, the aggrieved owner may file a | 18 |
| complaint with the board of township trustees of the township in | 19 |
| which the dam is located. | 20 |
| (B) If a complaint is filed with a board of township trustees | 21 |
| under division (A) of this section, the board, after not less than | 22 |
| ten days' written notice to the owner of the property on which the | 23 |
| beaver dam exists and to all adjoining property owners of the time | 24 |
| and place of a viewing, shall view the beaver dam and the | 25 |
| aggrieved owner's property. After the viewing, the board may | 26 |
| request additional information from the owner or the aggrieved | 27 |
| owner. | 28 |
| (C)(1) At the next regularly scheduled meeting of the board | 29 |
| after viewing the beaver dam and the aggrieved owner's property, | 30 |
| the board shall determine whether the owner on whose property the | 31 |
| beaver dam exists must remove the dam, trap any beavers that are | 32 |
| on the property, or do both. | 33 |
| (2)(a) If the board determines that the owner on whose | 34 |
| property the beaver dam exists must remove the dam, trap any | 35 |
| beavers that are on the property, or do both, the board shall send | 36 |
| a written notice by certified mail ordering the owner to perform | 37 |
| one of the actions specified in division (C)(1) of this section | 38 |
| not later than thirty days after receipt of the notice. The notice | 39 |
| shall serve as confirmation that a beaver dam exists on the | 40 |
| property and that the beaver dam is causing the aggrieved owner's | 41 |
| property to be flooded. The board shall send a copy of the notice | 42 |
| to the aggrieved owner. | 43 |
| (b) The board also shall send a copy of the notice that was | 44 |
| prepared under division (C)(2)(a) of this section to the wildlife | 45 |
| officer designated under section 1531.13 of the Revised Code in | 46 |
| whose jurisdiction the beaver dam is located. The wildlife officer | 47 |
| shall inform the owner of the property on which the beaver dam | 48 |
| exists of the applicable requirements established in Chapter 1533. | 49 |
| of the Revised Code and rules adopted under it governing the | 50 |
| trapping of beavers. The wildlife officer shall allow beavers to | 51 |
| be trapped for the purposes of this section notwithstanding any | 52 |
| provision of Chapter 1533. of the Revised Code or any rule adopted | 53 |
| pursuant to it to the contrary. | 54 |
| (3) If the board determines that the owner on whose property | 55 |
| the beaver dam exists does not have to remove the dam or trap any | 56 |
| beavers that are on the property, the board shall send a written | 57 |
| notice of that determination by certified mail to the owner and to | 58 |
| the aggrieved owner. | 59 |
| Sec. 505.874. (A) The cost that is incurred by a board of | 60 |
| township trustees for making the determination that is required in | 61 |
| section 505.873 of the Revised Code shall be taxed as follows: | 62 |
| (1) If the board determines that the owner on whose property | 63 |
| a beaver dam exists must remove the dam, trap any beavers that are | 64 |
| on the property, or do both, that owner shall be taxed. If the | 65 |
| owner does not pay the township fiscal officer within thirty days | 66 |
| from the date of the receipt of the notification of the amount to | 67 |
| be paid, the cost shall be certified by the fiscal officer to the | 68 |
| county auditor with a correct description of the property and the | 69 |
| amount charged against it. | 70 |
| (2) If the board determines that the owner on whose property | 71 |
| a beaver dam exists does not have to remove the dam or trap any | 72 |
| beavers that are on the property, that owner and the aggrieved | 73 |
| owner shall be taxed equally. If either owner does not pay the | 74 |
| township fiscal officer within thirty days from the date of the | 75 |
| receipt of the notification of the amount to be paid, the cost | 76 |
| shall be certified by the fiscal officer to the county auditor | 77 |
| with a correct description of the applicable property and the | 78 |
| amount charged against it. | 79 |
| (B) The county auditor shall place the amount authorized in | 80 |
| division (A)(1) or (2) of this section on the tax duplicate to be | 81 |
| collected as other taxes, and the county treasurer shall pay it, | 82 |
| when collected, to the township fiscal officer as other moneys are | 83 |
| paid. | 84 |
| (C) As used in this section, "cost" includes notification | 85 |
| costs and costs associated with the viewing of property by a board | 86 |
| of township trustees under section 505.873 of the Revised Code. | 87 |
| Sec. 505.875. (A) If the owner on whose property a beaver | 88 |
| dam exists and beavers are located fails to remove the dam or trap | 89 |
| the beavers, as applicable, as ordered by a board of township | 90 |
| trustees under section 505.873 of the Revised Code, the board | 91 |
| shall award a contract to the lowest responsible bidder agreeing | 92 |
| to furnish the labor and materials to remove the beaver dam and | 93 |
| trap the beavers, if applicable, after advertising for bids once a | 94 |
| week for two consecutive weeks in a newspaper of general | 95 |
| circulation in the county in which the township is located. | 96 |
| In addition, the board also may advertise for bids in trade | 97 |
| papers or other publications designated by the board or by | 98 |
| electronic means, including posting the notice on the board's | 99 |
| internet site, if any. If the board posts the notice on its | 100 |
| internet site, it may eliminate the second notice that is | 101 |
| otherwise required to be published in a newspaper of general | 102 |
| circulation in the county in which the township is located, | 103 |
| provided that the first notice that is published in such a | 104 |
| newspaper meets all of the following requirements: | 105 |
| (1) It is published at least two weeks before the opening of | 106 |
| bids. | 107 |
| (2) It includes a statement that the notice is posted on the | 108 |
| board's internet site. | 109 |
| (3) It includes the internet address of the board's internet | 110 |
| site and instructions describing how the notice may be accessed on | 111 |
| the internet site. | 112 |
| (B) If no bids are received from responsible bidders as | 113 |
| provided in this section, the board shall procure labor and | 114 |
| materials and cause the beaver dam to be removed and the beavers | 115 |
| to be trapped, if applicable. | 116 |
| (C) No person shall obstruct or interfere with anyone who is | 117 |
| lawfully engaged in the removal of a beaver dam or the trapping of | 118 |
| beavers in accordance with this section. | 119 |
| Sec. 505.876. (A) When the work that is provided for under | 120 |
| section 505.875 of the Revised Code is completed to the | 121 |
| satisfaction of the board of township trustees, the board shall | 122 |
| certify the costs to the township fiscal officer. If the costs are | 123 |
| not paid within thirty days by the owner on whose property the | 124 |
| beaver dam or beavers were located, as applicable, the township | 125 |
| fiscal officer shall certify them to the applicable county auditor | 126 |
| with a statement of the costs of the removal of the beaver dam and | 127 |
| trapping of the beavers, if applicable, and incidental costs | 128 |
| incurred by the board under that section and a correct description | 129 |
| of the property on which the costs are assessed. | 130 |
| (B) The county auditor shall place the amounts certified on | 131 |
| the tax duplicate, which shall become a lien and be collected as | 132 |
| other taxes. In anticipation of the collection of the amounts, the | 133 |
| auditor shall draw orders for the payment of the amounts out of | 134 |
| the county treasury. | 135 |
| Sec. 505.99. (A) Whoever violates section 505.374, 505.74, | 136 |
| 505.75, 505.76, 505.77, or 505.94 of the Revised Code is guilty of | 137 |
| a minor misdemeanor. | 138 |
| (B) Whoever violates section 505.875 of the Revised Code is | 139 |
| guilty of a misdemeanor of the third degree. | 140 |
| Sec. 1531.02. The ownership of and the title to all wild | 141 |
| animals in this state, not legally confined or held by private | 142 |
| ownership legally acquired, is in the state, which holds such | 143 |
| title in trust for the benefit of all the people. Individual | 144 |
| possession shall be obtained only in accordance with the Revised | 145 |
| Code or division rules. No person at any time of the year shall | 146 |
| take in any manner or possess any number or quantity of wild | 147 |
| animals, except wild animals that the Revised Code or division | 148 |
| rules permit to be taken, hunted, killed, or had in possession, | 149 |
| and only at the time and place and in the manner that the Revised | 150 |
| Code or division rules prescribe. No person shall buy, sell, or | 151 |
| offer any part of wild animals for sale, or transport any part of | 152 |
| wild animals, except as permitted by the Revised Code or division | 153 |
| rules. No person shall possess or transport a wild animal that has | 154 |
| been taken or possessed unlawfully outside the state. | 155 |
| A person doing anything prohibited or neglecting to do | 156 |
| anything required by this chapter or Chapter 1533. of the Revised | 157 |
| Code or contrary to any division rule violates this section. A | 158 |
| person who counsels, aids, shields, or harbors an offender under | 159 |
| those chapters or any division rule, or who knowingly shares in | 160 |
| the proceeds of such a violation, or receives or possesses any | 161 |
| wild animal in violation of the Revised Code or division rule, | 162 |
| violates this section. | 163 |
| A person who traps beavers in accordance with section 505.873 | 164 |
| or 505.875 of the Revised Code is not in violation of this | 165 |
| section. | 166 |
| Section 2. That existing sections 505.99 and 1531.02 of the | 167 |
| Revised Code are hereby repealed. | 168 |
