Effective: September 30, 2008
Latest Legislation: House Bill 323 - 127th General Assembly
(A) Except as otherwise provided in division (B), (C), or (D) of this section, whoever violates division (B) of section 971.08 or division (C) of section 971.12 of the Revised Code is guilty of a misdemeanor of the third degree.
(B) Whoever violates division (B) of section 971.08 or division (C) of section 971.12 of the Revised Code is guilty of a misdemeanor of the second degree if, in committing the offense, the violator made a threat of physical harm to the person that was building or maintaining a partition fence.
(C) Whoever violates division (B) of section 971.08 or division (C) of section 971.12 of the Revised Code is guilty of a misdemeanor of the first degree if, in committing the offense, the violator caused physical harm to the person that was building or maintaining a partition fence.
(D) Whoever violates division (B) of section 971.08 or division (C) of section 971.12 of the Revised Code is guilty of a felony of the fifth degree if, in committing the offense, the violator caused serious physical harm or death to the person that was building or maintaining a partition fence.
(E) Prosecution for a violation of division (B) of section 971.08 or division (C) of section 971.12 of the Revised Code does not preclude prosecution for a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.
Structure Ohio Revised Code
Title 9 | Agriculture-Animals-Fences
Section 971.01 | Owner Defined.
Section 971.02 | Preferred Partition Fence for Livestock Enclosures.
Section 971.03 | Application of Chapter.
Section 971.04 | Alternative Fence Agreement Between Owners.
Section 971.05 | Affidavit Concerning Previous Partition Fence.
Section 971.06 | Responsibility for Maintaining Existing Fence - Removal.
Section 971.07 | Responsibility for New Partition Fence - Reimbursement.
Section 971.071 | Allocation of Fence Costs Between Property Owners.
Section 971.08 | Entry Onto Adjoining Property to Maintain Fence.
Section 971.09 | Action for Costs of Maintaining Fence.
Section 971.10 | Costs for Making Assignment.
Section 971.11 | Collection of Tax.
Section 971.12 | Partition Fences - Failure to Comply With Assignment.
Section 971.13 | Costs for Building Fences.
Section 971.14 | Duties of County Auditor.
Section 971.15 | Partition Fence Records.
Section 971.16 | Action for Failure to Build or Maintain Partition Fence.
Section 971.17 | Notification of Removal.
Section 971.18 | Negligently Permitting Livestock to Run at Large.
Section 971.33 | Cutting of Noxious Weeds.
Section 971.34 | Notice to Landowner Failing to Cut Noxious Weeds.
Section 971.35 | Cost - Collection and Payment.