Chapter 1501:47-4 Scenic River land

1501:47-4-01 Application and definitions.

(A) The rules contained in Chapter 1501:47-4 of the Administrative Code are applicable to all lands and waters designated as a wild river area, scenic river area, or recreational river area under the provisions of section 1547.81 of the Revised Code.

(B) For the purpose of rules contained in this chapter of the Administrative Code the following terms, unless otherwise therein expressly defined, shall be defined as follows:

(1) "State scenic river area" means any lands and waters designated as a wild river area, scenic river area, or recreational river area as defined in section 1547.01 of the Revised Code.

(2) "Scenic river" means any waters in this state within a designated wild river area, scenic river area, or recreational river area.

(3) "Scenic river land" means any land area adjacent to a designated watercourse that is owned or leased by the department of natural resources and administered by the division of watercraft as part of a state scenic river area.

(4) "Areas and facilities" includes but is not limited to all trails, parking lots, restrooms, well shelters, observation blinds, towers or vistas, boardwalks, piers, docks, bridges, benches, picnic areas, roadways, and any scenic river lands the chief designates for public use.

(5) "Appointed agent" means a person designated by the chief of the division of watercraft to be responsible for the supervision, operation, protection, maintenance or other management activities of an area of land or water within the state scenic rivers system.

(6) "Camping" means utilization of any piece of equipment for sleeping in or upon, including but not limited to, a sleeping bag, hammock, station wagon, car, van, motor home, bus, trailer, tent, tarp, truck, house vehicle, pickup camper, or watercraft.

(7) "Person" means any individual, firm, partnership, corporation,, company, association, political subdivision, or any other combination of individuals, or any employee, agent, or officer thereof.

(8) "Vehicle" shall have the same meaning as defined in section 4501.01 of the Revised Code.

(9) "Motor vehicle" shall have the same meaning as defined in section 4501.01 of the Revised Code.

(10) "Alcohol" shall have the same meaning as defined in section 4301.01 of the Revised Code.

(11) "Fireworks" shall have the same meaning as defined in section 3743.01 of the Revised Code.

(12) "Litter" shall have the same meaning as defined in section 1502.01 of the Revised Code.

Effective: 09/20/2010
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.51 , 1547.81 , 1547.83

1501:47-4-02 Visitation, use, and general prohibitions.

(A) Persons shall be permitted upon state scenic river lands only in those areas and facilities provided for general public use.

(B) Areas and facilities provided for general public use are open from one half hour before sunrise to one half hour after sunset unless otherwise posted.

(C) When a trail or trail system is present, no person shall leave the trail or trail system, except with written permission from the chief of the division of watercraft or the chief's appointed agent. On scenic river lands that are open to the general public by access permit only, persons must receive written permission from the chief of the division of watercraft or appointed agent prior to entry into such areas, must carry proof of written permission while within the area, and present it upon request.

(D) No person shall be present on scenic river lands, unless exempted in writing by the chief's appointed authority from one half hour after sunset until one half hour before sunrise, except while actively engaged in fishing, hunting, boating, hiking, wildlife observation, or any other legitimate recreational pursuit not otherwise prohibited within the boundaries of scenic river areas and facilities.

(E) No person shall obstruct, impede or cause the obstruction of pedestrian or vehicular access to, from, or within any state scenic river land.

(F) The division of watercraft shall post in a conspicuous location any special instructions, orders, and notices pertaining to the use of an area within state scenic river lands by the public. Such instructions, orders or notices shall pertain to, but are not limited to, special hours of operation, emergency situations or other situations not otherwise covered in the rules. Declaration of posting shall originate with the chief of the division.

(G) No person shall enter upon scenic river lands or utilize any facilities therein, that have been temporarily closed or evacuated by the chief of the division or the chief's appointed agent if it has been determined to be hazardous for public use as the result of inclement weather, water, fire, construction, or any other situation with the potential to impact public health, safety or welfare.

(H) It shall be unlawful to throw, toss, drop, propel or cause, directly or indirectly, the throwing, tossing, dropping or propelling of any object over or off any precipice, bridge, observation tower or other similar structure or natural formation within the boundaries of any scenic river lands.

No person shall collect, remove, injure, deface, destroy or otherwise disturb ice, soil, sand, gravel, rocks, fossils, minerals, plants, plant materials, animals or any other substance within the boundaries of any scenic river lands.

It shall be unlawful to hunt, pursue, trap or attempt to hunt, pursue, trap or catch wild animals on scenic river lands except in areas designated for such activities or with prior approval from the chief, and such is done in accordance with the provisions of the Revised Code and wildlife orders then in effect.

(1) Exceptions:

(a) Collecting of materials for research purposes may be conducted with written permission from the chief of the division. Such permit shall be valid for a period not to exceed one year, but may be renewed at the discretion of the chief. Proof of written permission must be provided to any appointed agent, department of natural resources official or law enforcement officer upon request.

(b) It shall be lawful to take or catch fish, unless otherwise posted provided such is done in accordance with the provisions of the Revised Code and wildlife orders then in effect.

(I) The introduction of any plant or animal or their reproductive bodies to any scenic river or scenic river lands is prohibited without first receiving written permission from the chief of the division.

(J) It shall be unlawful to engage in any rappelling or climbing activity either with or without specialized gear for such activity upon scenic river lands without first obtaining written permission from the chief of the division of watercraft.

(K) Camping or otherwise staying overnight is prohibited upon scenic river lands except in areas designated for such use or with prior approval from the chief of the division or the chief's appointed agent.

(L) It shall be unlawful to kindle or ignite a fire without express permission of the chief of the division or the chief's appointed agent upon scenic river lands.

The possession or use of fireworks or other explosive devices is prohibited.

(M) No person, regardless of intent, shall deposit litter or cause litter to be deposited within the boundaries of any scenic river land or into the waters of a scenic river.

(N) Alcoholic beverages are prohibited:

No person shall bring into, possess, carry, serve or consume any alcoholic beverages upon scenic river lands.

(O) No person shall conduct any public meeting or event upon scenic river lands without first obtaining written permission from the chief of the division of watercraft or the chief's appointed agent.

(1) Application for any organized meeting or event to be conducted upon scenic river lands must be made to the chief not less than thirty days prior to the date of the proposed event.

(2) A permit shall not be granted if it is determined that the specified meeting or event has a reasonable probability of having any of the following effects:

(a) The meeting or event would interfere with normal area usage, or (b) The meeting or event poses a threat to the environment, or (c) The meeting or event creates a concern for public safety and welfare.

(3) The chief may require a performance bond from the applicant as a condition of the issuance of the permit.

(P) No person shall erect or post any placard, sign, notice, poster, or billboard within the boundaries of any scenic river lands without written permission from the chief of the division or the chief's appointed agent.

(Q) It shall be unlawful to solicit alms or contributions for any purpose, whether public or private upon state scenic river lands. No person shall rent, sell, solicit, or offer for sale, have in his possession with the intent to rent or sell, or expose for rent or sale any item or service within the boundaries of a state scenic river land without the express permission of the chief.

(R) Open dumping of waste material on scenic river lands or into the waters of a scenic river is prohibited.

Effective: 09/20/2010
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.51 , 1547.81 , 1547.83

1501:47-4-03 Domestic animals.

(A) While on scenic river lands, any person who is the owner or handler of a companion animal or pet must keep the animal in hand or otherwise under direct control and ensure that the animal is within an area where companion animals and pets are permitted.

(1) If the disposition of any companion animal or pet evokes fear or audibly disrupts the permitted activities of other persons, the owner or handler may be directed to remove the animal.

(2) In the event that a companion animal or pet defecates upon scenic river land, the owner or handler shall collect the animal's excrement and remove it from the area.

(B) Domestic animals may access scenic river lands outside of designated companion animal and pet areas if the following conditions apply:

(1) The domestic animal is a dog or other trained assistance animal utilized for the safety of blind, deaf, mobility or emotionally impaired persons.

(2) The domestic animal is a hunting dog being utilized during lawful hunts in accordance with the rules of this chapter.

(C) No person shall ride, drive, lead, or keep a saddle horse or other animal used for locomotion on any scenic river lands except on roadways or driveways provided for motor vehicles.

No horse or other animal shall be hitched to any tree, shrub, or structure in any manner other than an approved hitching post provided in or adjacent to a parking area.

(D) No person shall herd, graze, drive or permit to run at large upon any scenic river land, any animal including but not limited to cattle, horses, mules, donkeys, goats, swine, sheep, or fowl except as provided in paragraphs (A), (B), and (C) of this rule.

Effective: 09/20/2010
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.51 , 1547.81

1501:47-4-04 Vehicle operation.

(A) No person shall operate a motor vehicle, bicycle, or other vehicle upon a scenic river land except upon roads, driveways, trails, or parking lots designated for such purposes.

(B) No person shall operate a motor vehicle, bicycle or other vehicle on any road or driveway within the boundaries of a scenic river land in excess of ten miles per hour, except when otherwise posted.

(C) It shall be unlawful for any person to operate or permit the operation of a vehicle, bicycle or motor vehicle on any scenic river land in a manner that, if operated in the same manner on a public highway or street, would be a violation of state law.

(D) No person shall park any vehicle on any scenic river land in any area not specifically designated for that purpose.

(E) Whenever a law enforcement officer finds any vehicle stopped, parked or standing in an area prohibited by this rule, unattended upon or within the right of way of any road, trail, or driveway, is positioned where said vehicle clearly obstructs pedestrian or vehicular traffic, or may be hazardous to property or people, the officer may arrange for the removal of said vehicle. Costs and risks of such removal shall be borne by the operator or owner of said vehicle.

(F) The following are prohibited for use upon state scenic river lands:

(1) In-line skates,

(2) Roller skates,

(3) Skateboards

(4) Street luges, and

(5) Other similar, non-traditional vehicles designed for recreational use.

Effective: 09/20/2010
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 1547.52
Rule Amplifies: 1547.51 , 1547.81 , 1547.83