Ohio Code 3729.14 – Operation of recreational vehicle park or combined park-camp as chronic nuisance prohibited
(A) As used in this section:
Terms Used In Ohio Code 3729.14
- Camp operator: means the operator of a recreational vehicle park, recreation camp, combined park-camp, or temporary park-camp. See Ohio Code 3729.01
- Campsite user: means a person who enters into a campsite use agreement with a camp operator for the use of a campsite at a recreational vehicle park, recreation camp, combined park-camp, or temporary park-camp. See Ohio Code 3729.01
- Combined park-camp: means any tract of land upon which a combination of five or more self-contained recreational vehicles or portable camping units are placed and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the park facilities. See Ohio Code 3729.01
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Operator: means the person who has responsible charge of a recreational vehicle park, recreation camp, combined park-camp, or temporary park-camp and who is licensed under this chapter. See Ohio Code 3729.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Recreational vehicle park: means any tract of land used for parking five or more self-contained recreational vehicles and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the park facilities and any tract of land that is subdivided for lease or other contract of the individual lots for the express or implied purpose of placing self-contained recreational vehicles for recreation, vacation, or business purposes. See Ohio Code 3729.01
(1) “Chronic nuisance property” means a property on which three or more nuisance activities have occurred during any consecutive six-month period.
(2) “Deadly weapon” and “firearm” have the same meanings as in section 2923.11 of the Revised Code.
(3) “Nuisance activity” includes all of the following:
(a) A felony drug abuse offense as defined in section 2925.01 of the Revised Code;
(b) A felony sex offense as defined in section 2967.28 of the Revised Code;
(c) A felony offense of violence;
(d) A felony or a specification an element of which includes the possession or use of a deadly weapon, including an explosive or a firearm.
(4) “Offense of violence” has the same meaning as in section 2901.01 of the Revised Code.
(5) “Person associated with the property” includes a camp operator; camp employee; camp official; camp agent; campsite user; any other person licensed under Chapter 3729 of the Revised Code; any person occupying a campsite including a tenant or invitee; or any person present on the property of a recreational park camp or combined park-camp with the permission of the camp operator or other person licensed under Chapter 3729 of the Revised Code or the consent of any campsite user, tenant, or invitee.
(6) “Property” means the property of a recreational vehicle park or a combined park-camp, including all lots, buildings, or campsites, whether contained on one or multiple parcels of real property.
(B) No person shall use or operate a recreational vehicle park or combined park-camp as a chronic nuisance. No camp operator shall let a park or park-camp be so used, or knowingly permit a person who has entered into a campsite use agreement with the operator to engage in such conduct in the park or park-camp.
(C) If a local board of health of the health district in which a recreational vehicle park or combined park-camp is located finds that persons associated with the property of the park or park-camp have engaged in a nuisance activity on the park or park-camp property two or more times in any consecutive six-month period, the local board of health shall send notice to the camp operator specifying the conduct that constitutes the nuisance activity. The notice shall be sent to the camp operator by certified mail. The notice shall inform the operator that if one or more nuisance activities occurs on the property within the consecutive six-month period beginning on the date of the first nuisance activity, the property will be declared a chronic nuisance as described in division (A) of this section and the camp operator’s license will be revoked.
If subsequent to the mailing of the notice, the local board of health learns of an additional nuisance activity on the recreational vehicle park or combined park-camp property during a consecutive six-month period beginning on the date the notice was mailed to the park operator, the board shall immediately report to the licensing authority that the property is a chronic nuisance. Upon receipt of such information, the licensing authority shall revoke the camp operator’s license in accordance with section 3729.08 of the Revised Code.
(D) This section does not limit any recourse permitted elsewhere in the Revised Code or at common law for conduct that violates this section.
Last updated December 28, 2022 at 8:32 AM