5501:2-8-05 Eligible attractions.

(A) Only those tourist oriented activities located in Ohio that meet the following criteria may be considered for the tourist oriented directional signing program:

(1) If currently advertised by signs adjacent to a highway on the interstate system or state system, those signs are consistent with Chapter 5516. of the Revised Code and the "National Highway Beautification Act of 1965, "79 Stat. 1028, 23 U.S.C. 131 and the national standards, criteria and rules adopted pursuant to that act.

(2) Is within ten miles of the highway for which signing is sought under sections 4511.102 to 4511.105 of the Revised Code.

(3) Must be open at least five days per week, one of which must be either a Saturday or Sunday, for a minimum of forty hours per week, throughout the normal business season for that particular type tourist oriented activity.

(4) Is not eligible for inclusion in the business logo sign program established under section 4511.101 of the Revised Code.

(5) If the tourist oriented activity offers food the following additional criteria apply:

(a) It shall not be a franchise or part of a national chain.

(b) It shall be historically significant or offer a menu or foods concentrated on, and representative of, a specific cultural or ethnic population that has a significant presence in, and is uniquely identified with, the region in which the activity is located.

(c) Restaurants may, in lieu of the above open for eight hours requirement, serve at least two meals per day.

(d) It shall display a valid permit from the Ohio department of health or appropriate public agency as required by law.

(6) If the tourist oriented activity offers lodging the following additional criteria apply:

(a) Possess a valid permit from the appropriate local agency as required by law.

(7) If the tourist oriented activity offers camping the following additional criteria apply:

(a) The access road to the campground shall have an adequate all weather surface suitable for safe operation of a motorized vehicle and camping trailer.

(b) The campground shall not be operated on a "reservation only" basis.

(c) The campground shall provide well defined campsites capable of accommodating a tent, a tent trailer, a pick-up camper, travel trailer or motor coach.

(d) The campground shall have sanitary facilities and water approved by the state of Ohio, department of health.

(e) The campground shall provide toilets and shower accommodations and shall have hot and cold running water. Janitorial service must be provided daily for the toilet and shower facilities.

(f) The campground operator shall provide refuse and sewage disposal facilities in accordance with any rule contained in Chapter 3701-25 of the Administrative Code.

(g) Any food service operation at the campground shall meet the requirements of sections Chapter 3717. of the Revised Code and any rule contained in Chapter 3717-1 of the Administrative Code.

(h) The campground shall have a valid permit from the local health department.

(i) The campground shall have rules and regulations applying to the operation of the campground posted in a conspicuous location.

(j) The area shall be restricted to registered campers only, and rates applying to the campsite shall be posted.

(k) The grounds within the campground shall be properly drained and maintained neat and clean at all times.

(l) The campground shall be protected from natural and unnatural hazards which may exist.

(m) The main circulatory roads shall be well drained and maintained dust free.

(B) Tourist oriented activities wishing to participate in the tourist oriented directional signing program shall apply for the program on a form provided by the program manager. If the program manager finds the application to be complete and determines that the activity constitutes an eligible attraction and that tourist oriented directional signing can be provided, the program manager shall so notify the applicant in writing. Upon receipt of the notice the applicant shall forward to the program manager the amount of the fee and thereupon shall execute an advertising agreement with the program manager.

(C) An advertising agreement executed under paragraph (B) of this rule is valid until the tourist oriented activity ceases to be an eligible attraction, unless cancelled earlier at the request of the eligible attraction or for failure to comply with rules 5501:2-8-01 to 5501:2-8-10 of the Administrative Code.

(D) Before any tourist oriented activity is permitted to participate in the tourist oriented directional signing program, any existing illegal advertising devices pertaining to that tourist oriented activity shall be removed. The program manager shall contact in writing the department's office of highway management - advertising control section to determine the existence of illegal advertising devices. If within thirty calendar days no answer is received from the office of highway management the program manager shall assume there are no illegal advertising devices in place pertaining to that activity.

(E) If the intersection crossroad is not a rural state highway the program manager shall notify the appropriate governmental authority that tourist oriented directional signs will be erected directing traffic across their roadway facility. If trailblazing signs are required, the program manager shall obtain consent legislation or written permission from the appropriate local legislative body. The form, content and any modifications or special clauses to the consent legislation shall have the prior approval of the director. No consent shall be considered binding without the required approval of the director.

(F) If trailblazing signs are required for a tourist oriented activity and permission for erecting trailblazing signs cannot be obtained from the appropriate local authorities having jurisdiction, that particular activity shall not be eligible for tourist oriented directional signs at that intersection.

(G) At eligible intersection legs, if a new tourist oriented activity is established, or if a non-participating tourist oriented activity is interested in participating in the tourist oriented directional signing program, the tourist oriented activity may request to participate in the program. Additional applications will be considered in accordance with the priorities already established.

(H) If an eligible attraction for which tourist oriented directional signs are in place ceases to be an eligible attraction the signs shall be removed and participation in the program may be offered to the next closest eligible attraction.

(I) If an eligible attraction for which tourist oriented directional signs are in place is sold, the new owner(s) shall complete a program application. If the tourist oriented activity continues to be an eligible attraction the existing signs may remain in place or, if required, new signs may be installed.

The previous owners shall be reimbursed by the program manager for any prepaid fees beyond the date of the termination of their advertising agreement.

(1) New signs shall be required if the name, logo or symbol changes. For the purposes of this paragraph, overlays are not permitted.

(2) A simple change of ownership does not constitute justification for erecting new signs.

(J) No eligible attraction may discriminate or be discriminated against with regard to race, color, religion, sex, age, handicap or national origin. Each eligible attraction identified by tourist oriented directional signing shall have furnished written and notarized certification to the program manager of its conformity with all applicable federal, state, and local laws, ordinances, rules and regulations, and shall not be in breach of that certification. Such certification shall be provided to the program manager before any tourist oriented directional signs for that eligible attraction are erected.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 4511.103
Rule Amplifies: 4511.102 thru 4511.107
Prior Effective Dates: 5/29/95, 11/24/97