SECTION 1. AUTHORITY
The following rules and regulations are adopted by the Board of Park Commissioners of the Miami County Park District, pursuant to Section 1545.09 of the Ohio Revised Code, for the preservation of good order within and adjacent to parks and reservations of land, and for the protection and preservation of parks, parkways, and other reservations of land under its jurisdiction and control and property and natural life therein.
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SECTION 2. DEFINITIONS
1. Park District shall mean the Miami County Park District.
2. Park shall mean any land or water area owned, leased, or otherwise controlled by the Park District.
3. Board shall mean the Board of Park Commissioners of the Park District.
4. Director shall mean the Chief Executive Officer of the Park District.
5. Ranger shall mean a qualified law enforcement officer employee of the Park District empowered by the Board to enforce the Rules and Regulations of the Park District pursuant to 1545.13 of the Ohio Revised Code, and any other certified law enforcement officer as defined in the Ohio Revised Code Section 2901.01 (A 11 (A-J)). Such officers may exercise all the powers of law enforcement officers including and not limited to any park rules and regulations and the Ohio Revised Code, within and adjacent to the lands under the jurisdiction and control of the Board of Park Commissioners.
6. Person shall mean any individual, company, partnership, corporations or association, or any combination of individuals, or any employee, agent or officer thereof.
7. Park Waters shall mean any lake, pond, reservoir, stream, river, channel, lagoon, or other body of water in a liquid or frozen condition, or any part thereof, whether natural or artificial, located in, through or adjoining a park.
8. Fish or Fishing shall mean taking or attempting to take fish by any method, and all other acts as placing, setting, drawing, or using any device commonly used to fish whether resulting in such taking or not.
9. Animal or Animals shall mean and include, but not be limited to, quadrupeds, birds, fish, reptiles, amphibians, crustaceans, mollusks and insects either domestic or wild.
10. Pet shall mean an animal that has been adapted or tamed to live in intimate association with or for the pleasure or advantage of people and includes but is not limited to dogs, cats, birds, rabbits, and hamsters.
11. Vehicle shall mean every conveyance with wheels, treads, or other means of locomotion.
12. Motor Vehicle shall mean any vehicle propelled or drawn by power other than muscular power.
13. Alcohol shall mean all liquids containing one half of one percent or more alcohol by weight. Alcohol means ethyl alcohol as defined under chapter 4301.01
(B) 1. Alcoholic beverages shall include all liquids as defined under Chapter 4301.01 (A)1; (B)2; (B)3; (B)5; and (B)6 of the Ohio Revised Code.
14. Permit shall mean a written document giving permission for a specific activity issued by the Park District.
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SECTION 3. REMOVAL OR DESTRUCTION OF PROPERTY AND NATURAL FEATURE
1. Removal of Property: No person in the park shall remove or move any property, natural feature or part thereof including but not limited to, any building, equipment, sign, rock, stone, mineral formation, earth, wood, tree, shrub, flower, plant, nut or other seed from the park without a permit from the Director. Nor shall any person in a park have in his or her possession any property, natural feature, or part thereof having been so affected.
2. Destruction of Property: No person in a park shall injure, break, destroy, tamper with, cut, chop, carve, write upon, mutilate, set fire to, deface, dig, paint or damage in any manner any property, natural feature or part thereof, any building, equipment, structure, nesting box, sign, rock, stone, mineral formation, earth, wood, tree, shrub, flower, plant; nor shall any person in a park have in his or her possession any property, natural feature, or part thereof having been so effected.
3. Water Impoundment: No person in the park shall impound or cause to be impounded any park water or in any other way alter or affect the normal flow of such waters without a permit from the Director.
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SECTION 4. DEPOSIT OF MATERIAL
1. Littering or Dumping in a Park: No person shall deposit, discard, dump or leave behind any material of any kind in a park without a permit from the Director except materials arising from the normal use and enjoyment of a park and then only in receptacles which have been provided for this purpose.
2. Littering or Dumping Next to a Park: No person shall, adjacent to a park, deposit, discard, dump or leave behind any waste material including, but not limited to, paper, garbage, ashes, or refuse which may blow, wash, or be other transported into a park.
3. Dumping of Hazardous Materials: No person in or adjacent to a park shall place or permit to be placed in any park lands or waters any hazardous, noxious or harmful substance, either solid, liquid or gas or containers of such, which may render such land or waters harmful or inimical to the public health or to animal and or plant life.
4. No person shall dump, discard, deposit, or leave behind any hazardous, noxious or harmful substance, solid, gas or liquid or any container of such, into any receptacle, pit or dumpster in a park.
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SECTION 5. PROTECTION OF ANIMALS: HUNTING AND FISHING
- Fishing: No person shall fish in park waters in a manner, or at a time, prohibited by Chapter 1533 of the Ohio Revised Code as now in effect or as hereafter amended.
- Hunting: No person in a park shall hunt, capture, take, trap, snare or in any other way abuse, molest, injure, pursue or destroy any animal without a permit from the Director other than by fishing.
- Tampering with Nests: No person in a park shall move, tamper with, injure or destroy any bird nest or egg or any insect or animal habitation.
- Park Fishing Regulations: No person in a park shall take fish in any manner from any lake, pond or impounded body of water contrary to posted fishing regulations, including but not limited to season, minimum size or limit of catch. The use of unattended hooks, traps, nets, spears or gigs, or bows and arrows for fishing is prohibited.
- Taking of Animals: No person shall capture, take or remove from the park including, but not limited to any animal, reptile, bird, amphibians by hook or hooks and or snagging, netting or spearing or any other fishing method. No person shall fish in park waters in violation of any sign or signs prohibiting fishing.
- Spot Lighting: No person shall throw or cast the rays of a spot light or any other artificial light including motor vehicle head lights from any vehicle upon a park drive, public road or highway into any park land between the hours of sunset and sunrise for the purpose of spotting wildlife, except for law enforcement officers or employees of the Park District or Ohio Department of Natural Resources in the performance of their duties.
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SECTION 6. ANIMAL CONTROL
- Leash Rule: No person shall bring into, have or keep in a park any dog, cat or any other animal, wild or domestic, unless such animal is controlled by a lead of six feet (6') or less and under the immediate physical control of the owner or custodian or unless such animal is kept in a vehicle or suitable cage. The owner of any pet or animal shall be responsible at all times for the observance of any regulations whether or not the pet or animal is under the care or control of the owner or another.
- Unruly Animal: No pets or other animals shall be allowed to become obnoxious, aggressive or disturbing to the other users of the park, nor shall any pet or animal be allowed to pursue any wildlife inside the park by lead, control or command.
- Lead an Animal with a Vehicle: No person while in or on a vehicle, shall lead or permit to be led, any leashed pet or animal.
- Horse in the Park: No person in a park shall ride or have under his control a horse except in areas designated for this purpose.
- Ride a Horse as to Endanger: No person in a park shall ride a horse in such a manner as to endanger the rider, the horse or any other person or any other property.
- Abandon Animals: No person in or adjacent to a park shall release or abandon any wild or domestic animal or fish of any kind without a permit from the Director.
- Grazing of Animals: No person shall herd, graze, drive or permit any animal, live stock or poultry to run at large in a park.
- Animal Feces: No person shall leave any pet feces on any Park District trail, road or parking lot area.
- Designated Areas: No person shall bring or keep any animal in any building or area in a park not designated for that purpose, except that disabled persons may bring or keep guide or other animals, specifically trained for the purpose of aiding any such person.
- Miami County Park District shall have the right to impound or destroy any feral, at large or diseased animal, wild or domestic, found in a park.
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SECTION 7. AEROSOL PAINT CANS
- Possession of Paint: No person in a park except Park District employees or its agents shall carry on or about his or her person a container capable of propelling paint by means of a gaseous charge or by pumping, nor shall any person possess any paint of any kind.
- Use of Paint or Other Chemicals: No person shall possess, discharge, use, shoot or spray any item used to discharge any liquid, paint, gas, pellets or balls in the park.
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SECTION 8. PERSONAL CONDUCT
- Disorderly Conduct: No person in or adjacent to a park shall conduct himself by work or by act, in a riotous, disorderly, boisterous or other manner so as to disturb the peace and good order in a park.
- Noise: No person in or adjacent to a park shall operate or play a radio, T V, musical instrument, or amplified sound equipment so as to disturb peace and good order in a park. Nor shall any speakers/amplifiers or similar equipment be displayed outside of a vehicle. Nor shall any device or equipment of such be audible for more than fifty (50) feet from the device without a specific permit from the Director.
- Games of Chance: No person in a park shall solicit or procure participants for, engage in, or promote any game, which is played for money or other thing of value without a permit from the Director.
- Throwing Objects: No person shall throw, toss, drop, propel or cause directly or indirectly, the throwing, tossing, dropping, or propelling any object over or off any cliff, precipice bridge, observation tower, or similar structure or natural formation in or adjacent to a park.
- Loitering: No person or group of persons shall loiter in or near any facility or structure, or loiter in or near a motor vehicle or vehicles, on or about a motorcycle or cycle while within or adjacent to park lands.
- Loitering Near a Restroom: No person in a park shall loiter in the vicinity of a toilet and no person over the age of six (6) shall enter the toilet facilities provided for the exclusive use of the opposite sex except for Park District personnel and law enforcement personnel in the line of there duties.
- Resisting: No person in a park shall willfully resist, obstruct, or abuse a Ranger or other law enforcement officer while such Ranger or law enforcement officer is engaged in the execution of his duties.
- Obstruction: No person in a park shall willfully do any act that hampers or impedes a park official or employee in the performance of the official’s or employee’s duties.
- Assault: No person in a park shall assault or commit bodily injury upon another or engage in or abet in any fight, quarrel, or other disturbance.
- Unlawful Assemblage: No person or groups of persons shall assemble in or adjacent to a park for any purpose or in a riotous assemblage or with intent to annoy, harass, or inflict property damage or bodily injury upon another person or persons or inflict damage to a park or property.
- Soliciting: No person shall solicit or attempt to solicit another to engage in a act of sex perversion or solicit or request another to commit, perform, or engage in any lewd, lascivious, obscene, or indecent act of behavior for money or other thing of value where such solicitation is knowingly offensive to the party being solicited.
- Indecent Exposure: No person in a park shall expose his or her private parts or engage in masturbation or commit, perform or engage in any sexual conduct, lewd, lascivious, obscene, illicit, carnal, or indecent act of behavior or engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
- Alcohol: No person in a park shall drink, sell, offer for sale or possess an intoxicating liquors or alcoholic beverages without a permit from the Director. Rangers and other law enforcement officers may confiscate intoxicating liquors and alcoholic beverages.
- Under the Influence: No person shall be intoxicated or be under the influence of any intoxicating liquor, alcoholic beverage, controlled substance as defined in Ohio Revised Code Section 3719.41.
- Drug Abuse: No person in a park shall sell, offer for sale, possess, receive, use, administer to his or herself or others, or possess any equipment for administering, any narcotic drug, opiate, hallucinogen, amphetamine or barbiturate except as provided by law. Any narcotic drug, opiate, hallucinogen, amphetamine or barbiturate in a park may be confiscated by Rangers or other law enforcement officers, excepting those as provided by law.
- Swimming: No person shall swim or wade in any park waters except in designated areas, nor shall any person swim, wade or cross any river or stream during a period of high water when there is no structural crossing provided.
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SECTION 9. FIRES AND GRILLS
- Fires: No person in a park shall start or maintain a fire except in a place or at site designated for this purpose.
- Fires Prohibited: No person in a park shall build a fire at a time, location or period when the Director has prohibited the building of fires.
- Collecting Wood: No person shall collect any wood in inside the park for any purpose.
- Cooking Devices: No person in a park shall start or maintain a gas grill, charcoal grill, charcoal fire, or any other cooking device or material other than in picnic areas designated for such devices. The contents of all personal cooking devices shall be extinguished and dumped in a trash container. No portable grills will be permitted in shelters or on picnic tables.
- Air Pollution: No person shall cause or allow the burning of garbage, waste material, trash, refuse, vehicle or any part thereof or other combustibles within or adjacent to a park so as to cause smoke, odor, sparks, dust, dirt, or other residue to come upon, pass through or over a park which would cause air pollution nuisance or danger.
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SECTION 10. UNAUTHORIZED STRUCTURES
- No person in a park shall construct, erect, or in any other way build any structure or form without a permit from the Director.
- No person in a park shall set up temporarily or otherwise erect a tent, dining fly, awning or any other large device used to escape the elements without a permit from the Director.
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SECTION 11. CAMPING
- No person in a park shall establish or maintain any camp or other temporary lodging or sleeping place within a park without a permit from the Director
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SECTION 12. PICNICKING
- No person in a park shall engage in picnicking activities except in areas designated for this purpose.
- No person shall leave personal possessions or equipment in any park area or structure unattended except with written permission from the Director.
- No person shall abuse any structure, facility, or area in a park, and upon use of such structure, facility, or area, upon vacating cause it to be left in an unreasonably or unclean manner or condition.
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SECTION 13. COMMERCIAL ACTIVITIES
- No person in a park shall sell, offer for sale any article, privilege, or service, including but not limited to the use of photographs, video tapes, audio tapes or any other form used in advertisements or any other form of communications unless such sale or offer is pursuant to a contract with Park District.
- No person shall beg, peddle or solicit for money, a privilege or service, including but not limited to the use of flyers, statements, banners, books, brochures, pamphlets, papers or any other article used to communicate such without a permit from the Director.
- No park, in part or in whole, shall be used, inside park boundaries or out, for any commercial purposes, either by sale or commercial use, including but not limited to the use of photographs, video tapes, audio tapes or any other form used in advertisements or any other form of communications without a permit from the Director or pursuant with a contract with the Park District.
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SECTION 14. ERECTING AND ATTACHING SIGNS
- No person in a park shall erect a sign or attach a sign to property owned or controlled by the Park District, other than a permanent sign on a vehicle, without a permit from the Director.
- No person shall attach by staple, tack, nail or any other device or material used to temporarily or permanently hang or post any sign, banner, party decorations or any other item on any Park District property including but not limited to any shelter, sign, post or natural feature.
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SECTION 15. HOURS OF USE
- After Hours: No person without a permit from the Director or unless participating in a Park District sponsored program and then only during the hour or hours of the program, shall enter or remain in the park except during the hours between 8:00 a.m. and sunset each day.
- Emergencies: No person shall be permitted to enter, remain, stop or park within the confines of a park during a period of an emergency so declared by the Director, Ranger or other law enforcement agency.
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SECTION 16. FIREARMS AND WEAPONS
1. Discharging: No person in or outside a park except Rangers and other law enforcement officers shall shoot or discharge into or in a park a bow and arrow, firearm, missile, slingshot, air or gas guns or any other missile-throwing device except by a permit by the Director. Archery equipment may be discharged in designated areas.
2. Concealed Carry Permit Holders: CCW permit holders shall comply with all rules governing Ohio CCW permits.
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SECTION 17. FIREWORKS AND EXPLOSIVES
- Possession: No person in a park shall have in his possession any fireworks or explosives or shall cause any fireworks or explosives to ignite or detonate without a permit from the Director, nor shall any person adjacent to a park ignite or detonate any fireworks or explosives into the park.
- No person, in or adjacent to a park with purpose to interfere with the use or enjoyment of a park, shall employ or cause to discharge any tear gas device, pepper spray, stink bomb, smoke generator or other devices releasing a substance which is harmful or offensive to persons, plants or wildlife, or which tends to cause public harm or panic.
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SECTION 18. VEHICLES AND TRAFFIC
- All motor vehicles and operators shall comply with the requirements of all sections of the Ohio Revised Code pertaining to motor vehicles and operators, while using Miami County Park District parks.
- All-Purpose Vehicles: No person in a park shall operate within a park an all purpose vehicle as defined in the Ohio Revised Code Section 4519.01, nor shall any person operate or have in their possession any snowmobile, farm equipment, riding lawn mowers, golf cart, go-cart, hot air balloon, airplane, hang glider, or hover craft in any park without a permit from the Director.
- All horse drawn carriages and farm equipment that is used for a normal mode of transportation are permitted to use only the park drives and parking areas. Owners are required to dispose of properly any animal waste arising from such use.
- Operation Off the Roadway: No person in a park shall operate any vehicle in or on any portion of a park not designated as a park drive nor shall any person park any motor vehicle in or on any portion of a park not designated as a parking area. Except for Park District personnel, fire, rescue and law enforcement personnel in the line of their duties.
- Operation on the Trails: No person in a park shall ride or push any bicycle, tricycle, motorized bicycle or motorized scooter, on any portion of a park not designated as a park drive or bikeway, nor shall any person park any bicycle, tricycle, motorized bicycle or motorized scooter on any other portion of a park not designated as a parking area. Only handicap vehicles, which will transport only one (1) handicapped person, which may be three (3) or four (4) wheels and may be motorized by electric or muscle power, are exempt from this rule. Park District personnel, fire, rescue and law enforcement personnel in the line of their duties are an exception.
- Operate to Endanger: No person in a park shall operate a vehicle in such a manner as to endanger the operator or any other person or any property.
- Road Closed: No person in a park shall drive around, cause to be moved, or damage any barricade or barrier so placed to temporarily or permanently close a road to traffic, nor shall any person park, stop or abandon any vehicle in front of a gate or other device to close a roadway temporarily or permanently.
- Direction of Travel: No person in a park shall operate a motor vehicle on a road or path in a direction other than that indicated by traffic signs or devices.
- Speed: No person in a park shall operate a vehicle in excess of the posted speed limit.
- Vehicle After Hours: No person shall leave a vehicle in a park during the hours when a park is closed without permission from the Director or Ranger, nor is the Park District responsible for any damages or theft incurred during that time.
- Defacing the Surface: No person in a park shall accelerate a motor vehicle causing the rubber tires to mark or deface park surfaces either in gravel, grass or on asphalt.
- Weight Limits: No person in a park shall operate a motor vehicle when such motor vehicle is in excess of the ten (10) ton gross load limit without a permit from the Director.
- Handicapped Parking: No person who is not handicapped or operating a motor vehicle to transport a handicapped person shall stop, stand or park any motor vehicle at a specially designated location provided for the handicapped and such vehicle must be marked by card or by license plate designating that vehicle as such.
- Vehicle Left in the Park: No person shall leave a vehicle in a park in excess of one (1) hour without a permit from the Director, except when such act is in connection with normal park visitation.
- Vehicles in parks in violation of these rules and regulations shall be removed or caused to be removed by Rangers or law enforcement officers to a location, in or outside of a park, where the same may be kept until the owners or their authorized representatives obtain an order from the Director or his representative releasing such vehicles to the owners thereof or their authorized representatives. The Park District shall not be responsible for any fee, charge or damage arising from such tow or impoundment.
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SECTION 19. RECREATIONAL TRAIL (Bikeway)
- Motor Vehicles: Motorized and all purpose vehicles are prohibited, with the exception of authorized motorized vehicles, and motorized wheelchairs. (Motorized wheelchairs may be motorized by electric or muscular power capable of transporting one person at a time.)
- Authorized Vehicles: The recreational trail is designated for use of muscular powered bicycles, scooters, or other muscular powered vehicles.
- Failure to Yield: All bicyclists must yield to all other users.
- Passing: All persons shall keep right except when passing.
- Overtaking: All bicyclists shall notify others when overtaking or passing on the trail. Signaling devises include but are not limited to bells, horns, or other audible signaling devise.
- Trail Obstructions: All persons shall move off of paved trail when stopped. Including strollers, wagons, and other personal items, while at rest.
- Right of Way: Trail users do not have the right of way when crossing city streets, driveways, or other areas frequented by vehicular traffic.
- Leash Rule: No person shall bring into, have or keep on a recreation trail any dog, cat or other animal unless such animal is controlled by a lead of 6ft. or less.
- Private Property: No person shall enter or exit the trail across or thru the property of another without written permission of the property owner.
- Fishing: No person in a park shall fish from bridges, overpasses, and locks.
- Swimming: No person shall swim or jump from bridges, overpasses, and locks.
- Climbing: No person shall climb, scale, or sit upon any bridge, guardrail, retention wall, fencing, lock, or physical barrier.
- Smoking or open Flames: No person shall smoke or possess and open flame on bridges, overpasses, and or other wooden structures as part of the trail.
- All other Miami County Park District and Ohio Revised Code rules and regulations enforced.
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SECTION 20. BOATING
- All watercraft and operators shall comply with the requirements of all sections of the Ohio Revised Code Chapter 1547 pertaining to watercraft and operators while using or going through Miami County Park District parks.
- Use of Watercraft: No person in a park shall launch, use or attempt to use any watercraft including, but not limited to, boats, canoes, inflatable devices or rafts upon any lake, pond or impoundment of water without a permit from the Director.
- Use of Motors: No person in a park shall launch or moor any watercraft outfitted or equipped to be propelled by an internal combustion engine or electric power, except in areas designated for that purpose.
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SECTION 21. PEDESTRIAN ACCESS
- Access: No person shall travel within, through, or gain access to any park where pedestrian trails have not been established and appropriately marked except by the use of such trails without a permit from the Director.
- Trail Closed: No person shall enter or remain on a trail closed to the public without a permit from the Director.
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SECTION 22. SPECIAL ACTIVITIES
1. Authorized Events: No person, individual, individuals or, groups or organizations shall conduct, sponsor or promote any public meeting speech, parade, concert, theater, athletic event, weddings or any other public or private activity in a park without a permit from the Director.
2. Permits: No person or group or people shall violate the rules of the permit issued by the Park District unless such changes have been made through permit issuer. The person whose name is on the permit will be held responsible for any violations of park rules and regulations or of the permit.
3. Sledding, Ice Fishing, and Ice Skating: No person shall engage in sledding, skiing, ice skating or ice fishing except in areas and times designated by the Director.
4. Roller-Blades and Skateboards: No person in or on any portion of a park shall use skateboards, roller-blades or roller-skates except in designated areas for this purpose.
5. Use of Models/Aircraft: No person in a park shall operate any electronic or gas powered model engine or toy airplane, rocket, boat, car or any other controlled device as to disturb the good order of the public park without a permit of the Director, nor shall any person launch or fly any drone or remote-control vehicle within a park.
6. Golf: No person in a park shall practice or play golf in any park except in areas designated for such purpose by the Director.
7. Metal Detectors: No person in a park shall have in their possession, operate or use any metal detector of any kind or form without a permit from the Director.
8. Climbing and Rappelling: No person in a park shall climb or rappel any rock escarpment, tree, structure, or any other natural feature without a permit from the Director.
9. All approved recreational activities may only be conducted in designated areas.
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SECTION 23. FAILURE TO COMPLY
- No person in or adjacent to a park shall fail or refuse to comply with any reasonable order relating to the regulation, direction, or control of traffic, or to any order lawfully given by any Ranger or law enforcement officer.
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SECTION 24. EMPLOYEE EXEMPTION
- Acts of employees or officials of the Park District, to the extent necessary for the performance of their authorized duties, shall be exempt from the provisions of these rules and regulations.
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SECTION 25. EJECTION FROM PARK
- Rangers, law enforcement officers, officials, and employees of the Park District or its agents may order any person violating any of the provisions of these rules and regulations or the laws of the State of Ohio to leave the park and no person shall fail to obey such an order.
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SECTION 26. PENALTY
- Person: Pursuant to Section 1545.99 of the Ohio Revised Code, any person who violates any provision of the rules and regulations shall be fined not more than one hundred dollars ($100.00) for the first offense; for each subsequent offense such person shall be fined not more than five hundred dollars ($500.00).
- Organization or Group: Any organization violating any of these rules and regulations shall be guilty of a minor misdemeanor. Each violation shall be a separate offense. No organization shall violate a rule adopted under this resolution. If an organization violates a rule adopted under this resolution, the organization shall be fined not more than one thousand dollars ($1,000.00) for each offense pursuant to Ohio Revised Code 2929.31(A).
- Loss of Park Privileges: Any person, groups or organization violating these rules and regulations may lose the privileges of entering any parkland for a time as designated by the Director or court.
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SECTION 27. SEPARATE ABILITY
- Each section of these rules and regulations and every party of each section is an independent section and part of a section and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause does not affect the validity or constitutionality of any other section or part thereof.
- Captions and section headings are provided for reference purposes only and shall not be construed to restrict or delineate the meaning of the regulations contained there under.
- Cross-references to the Ohio Revised Code are intended for the convenience of Rangers and are not to be deemed or construed so as to limit or restrict the provisions contained in the Revised Code sections to which cross-reference is made.