Ohio Revised Code Search
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Section 3345.99 | Penalty.
...(A) Whoever violates section 3345.13 of the Revised Code shall be fined not less than fifty nor more than one hundred fifty dollars. (B) Whoever violates division (A) or (B) of section 3345.34 of the Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates section 3345.78 of the Revised Code is guilty of a felony of the fourth degree. |
Section 3347.01 | University housing commissions.
...There is hereby created: (A) The Ohio state university housing commission, which shall consist of the chairman of the board of trustees, the president, and the business manager of Ohio state university; (B) The Miami university housing commission, which shall consist of the chairman of the board of trustees, the president, and the business manager of Miami university; (C) The Central state university housing commi... |
Section 3347.02 | Reimbursement for expenses of members - organization of commission.
...The members of each of the commissions created by section 3347.01 of the Revised Code shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. Each commission shall organize by electing a chairman and a vice-chairman from its membership and may employ such professional, technical, and clerical assistants as are necessary, and defi... |
Section 3347.03 | Acquisition or use of property or state lands for housing purposes.
...Each commission created by section 3347.01 of the Revised Code may acquire property of any kind by purchase, gift, or devise and hold and use any such property, or may use state lands at their respective universities upon consent of the respective boards of trustees thereof, for the erection, remodeling, or improving and equipping of buildings for suitable housing, dormitory, dining hall, and recreational accom... |
Section 3347.04 | Issuance of bonds, notes or other written instruments.
...For the purpose of obtaining funds for the acquisition of lands or the erection, remodeling, and equipping of buildings as defined in section 3347.03 of the Revised Code, or for any of such purposes, and for the purpose of paying legal, architectural, engineering, administrative, and clerical expenses incident thereto, each housing commission may provide by resolution for the issuance of bonds, notes, or other writte... |
Section 3347.05 | Bonds, notes, or other written instruments negotiable, exempt from taxation and lawful investments - issuance and sale.
...All bonds, notes, or other written instruments provided for in section 3347.04 of the Revised Code shall have all of the qualities and incidents of negotiable instruments and the bonds, notes, or other written instruments are exempt from all taxation, state and municipal. The bonds, notes, or other written instruments are lawful investments of banks, savings banks, trust companies, trustees, trustees of sinking funds... |
Section 3347.06 | Buildings rented by housing commission.
...Upon completion of any buildings as defined in section 3347.03 of the Revised Code, such building shall be rented by the housing commission to students, instructors, faculty members, the administration and maintenance staff of the university with which the commission is identified, or any of such groups, for the residence of themselves and their families, upon such terms of rental as is determined by the commission. |
Section 3347.07 | Rentals to be placed in separate sinking fund - use of money in fund.
...The rentals received from a building as defined in section 3347.03 of the Revised Code, after paying the costs of operation, administration, maintenance, and repair and necessary fiscal agency charges applicable to each such property, shall be placed in a separate sinking fund which is hereby pledged to and charged with the payment of interest and principal of the bonds, notes, or other written instruments issued in ... |
Section 3347.071 | Bonds or notes secured by a trust agreement.
...In the event that bonds, notes, or other evidences of indebtedness issued pursuant to section 3347.04 of the Revised Code are secured by a trust agreement between the issuing commission and a corporate trustee, as determined by the commission in its resolution authorizing their issuance, the revenues received by the issuing commission from the buildings referred to in section 3347.03 of the Revised Code, shall be ple... |
Section 3347.08 | Conveyance of buildings and lands to the state.
...When sufficient funds have been received from the revenues from buildings provided in section 3347.07 of the Revised Code to pay bonds, notes, or other written instruments issued with respect to such buildings and accrued interest, the said buildings and the lands whereon the same are situated, shall be conveyed to the state by the housing commission owning and operating the same for the use and benefit of the univer... |
Section 3347.09 | Leases or subleases - state not obligated.
...Each commission created by section 3347.01 of the Revised Code may lease or sublease real property and buildings for suitable housing, dormitory, dining hall, and recreational accommodations for students, members of the faculty, the administration and maintenance staff, and their spouses and children, of the university with which each commission is identified, on such terms as the commission determines, provided, tha... |
Section 3347.091 | Location of University housing, dining, and recreation facilities.
...d by a municipality, township, city, or county; (b) Subdivision regulations; (c) Any other similar lawfully binding provision. (C) Nothing in this section shall be construed to impair or prohibit a commission or university from acquiring title to real property or buildings leased or proposed to be leased in accordance with this section. |
Section 3347.10 | Authority of commission to grant the use of lands.
..., grant to any municipal corporation or county, or transfer to the director of transportation, the right to use in perpetuity or for such period of time as such commission shall specify, any lands owned by it or under its supervision or control for any street, road, or highway purpose, which may include or be limited to areas or space on, above, or below the surface. Such grant or transfer may be subject to a reserve... |
Section 3349.01 | Administration and management of municipal university.
...In any municipal corporation having a university supported in whole or in part by municipal taxation, all the authority, powers, and control vested in or belonging to such municipal corporation with respect to the management of the estate, property, and funds given, transferred, convenanted, or pledged to the municipal corporation in trust or otherwise for such university, as well as the government, conduct, and cont... |
Section 3349.02 | Board of directors of university.
...e persons who shall be residents of the county in which the municipal corporation is located and who shall be appointed by the mayor of the municipal corporation for terms of nine years following the expiration of the respective terms for which the directors presently holding office were appointed, and the mayor shall fill vacancies in the offices of such nine directors, other than vacancies created to accommodate ap... |
Section 3349.03 | Authority and powers of directors of municipal university.
...The board of directors of a municipal university, college, or other educational institution, as to all matters not otherwise provided by law, has all the authority, power, and control vested in or belonging to such municipal corporation as to the sale, lease, management, and control of the estate, property, and funds, given, transferred, covenanted, or pledged to such municipal corporation for the trusts and purposes... |
Section 3349.04 | Acquisition, construction or improvement of buildings.
...The board of directors of any municipal university or college may, in addition to all other powers conferred upon it by law, acquire by purchase, lease, or otherwise, and construct, equip, furnish, maintain, renovate, repair, improve, enlarge, remodel, operate, and lease to or from others, buildings, structures, facilities, and sites therefor, together with all appurtenances necessary or convenient to the uses thereo... |
Section 3349.05 | Financing of university facilities - bonds.
...To provide all or part of the moneys for acquiring, constructing, equipping, furnishing, repairing, remodeling, renovating, enlarging, and improving university facilities, including costs connected with or incidental thereto and the financing thereof, and to repay or restore moneys borrowed or advanced for such purposes or temporarily used therefor from other funds of such institution, the board of directors of any m... |
Section 3349.06 | Bonds are lawful investments.
...Bonds, notes, and other evidences of indebtedness issued under section 3349.05 of the Revised Code are lawful investments of banks, savings banks, trust companies, savings and loan associations, deposit guarantee associations, trustees, fiduciaries, trustees or other officers having charge of sinking or bond retirement funds of municipal corporations and other subdivisions of this state, and of domestic insurance com... |
Section 3349.07 | Agreements with United States.
...The board of directors of any municipal university, college, or other educational institution may in any resolution, include sections 3349.03 to 3349.22, inclusive, of the Revised Code, and may authorize, approve, confirm, or ratify any agreement relating to any such project with the United States government, acting through the reconstruction finance corporation or any other agency designated or created to aid in the... |
Section 3349.08 | Liberal construction of statutes.
...The powers granted by sections 3349.02 to 3349.22 of the Revised Code shall be liberally construed so that municipal universities, colleges, or other educational institutions may finance the construction, improvement, or enlargement of buildings and other structures, and additions thereto, and acquisition of sites therefor, together with all appurtenances necessary or convenient to the uses thereof, including the equ... |
Section 3349.09 | Board may confer degrees.
...The board of directors of any municipal university, college, or other educational institution, upon the recommendation of the faculty thereof, may confer such degrees and honors as are customary in universities and colleges in the United States, and such other degrees and honors as, with reference to the courses of study and attainments of the graduates in special departments, are proper. |
Section 3349.10 | Village solicitor or city director of law to act as attorney.
...The village solicitor or city director of law of a municipal corporation, when requested to do so by the board of directors of a municipal university, college, or other educational institution, shall prosecute and defend for and in behalf of the municipal corporation, all complaints, suits, and controversies in which the municipal corporation or such board is a party, and which relate to any property, funds, trust, c... |
Section 3349.11 | Legislative authority may provide site for municipal university.
...The legislative authority of any municipal corporation may set apart or appropriate as a site for the buildings and grounds of a municipal university, college, or other educational institution, public grounds of the municipal corporation not especially appropriated or dedicated by ordinance to any other use. The board of education of such a municipal corporation may, for a similar purpose, set apart, convey, or lease... |
Section 3349.12 | Modification or change of grant.
...Any grant for the use of grounds or buildings made by the legislative authority of any municipal corporation or by any board of education may be modified, changed, or extended as to the time it shall take effect and be in force, or otherwise, by agreement between such legislative authority or board of education and the board of directors of such university, college, or other educational institution. Such legislative ... |
Section 5533.331 | Deputy Brandy Winfield Memorial Highway.
...y and southerly direction within Marion county, commencing at its intersection with Bethlehem road and extending to its intersection with Marion-Cardington road, shall be known as the "Deputy Brandy Winfield memorial highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.333 | Sgt. Jeremy Murray Memorial Highway.
...therly and southerly direction between county road eighteen in the municipal corporation of Rootstown and Waterloo road in the municipal corporation of Randolph, shall be known as the "Sgt. Jeremy Murray Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.34 | PFC Melvin E. Newlin, Medal of Honor Recipient, Memorial Highway.
...That portion of the road known as state route number seven, commencing at the boundary of Columbiana and Jefferson counties and extending in a northeasterly direction through the municipal corporation of Wellsville to the western-most boundary of the municipal corporation of East Liverpool, shall be known as the "PFC Melvin E. Newlin, Medal of Honor Recipient, Memorial Highway." The director of transportation may e... |
Section 5533.341 | Coxswain Robert B. Wood Memorial Highway.
...orporation of New Garden in Columbiana county, shall be known as the "Coxswain Robert B. Wood Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.342 | Corporal Ernest G. Madden Memorial Highway.
...gh Yellow Creek township in Columbiana county to the Madison township line, shall be known as the "Corporal Ernest G. Madden Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.351 | The Ohio Veterans Memorial Bridge.
...corporation of Conneaut in Ashtabula county and being part of the highway known as United States route number twenty, shall be known as "The Ohio Veterans Memorial Bridge." The director of transportation may erect suitable markers on the bridge or its approaches indicating its name. |
Section 5533.352 | Cpl. Joshua Harmon Memorial Highway.
...poration of Willoughby Hills in Lake county only, shall be known as the "Cpl. Joshua Harmon Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.353 | Lance Corporal David Mendez Ruiz Memorial Highway.
...ad with Denison avenue within Cuyahoga county and extending in a southerly direction to the intersection of that road with Memphis avenue, shall be known as the "Lance Corporal David Mendez Ruiz Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.354 | LCPL Danny Scherry Memorial Highway.
...rporation of Rocky River in Cuyahoga county only, shall be known as the "LCPL Danny Scherry Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.355 | U.S. Marine Lance Corporal David R. Hall Highway.
...sterly and westerly direction in Lorain county only, shall be known as the "U.S. Marine Lance Corporal David R. Hall Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.358 | Air Force Master Sergeant Brad Clemmons Memorial Highway.
...That portion of the road known as Ross county road one hundred four, commencing within the municipal corporation of Chillicothe at the intersection of that road and United States route number fifty and proceeding in a southerly direction to the intersection of that road and United States route number twenty-three, shall be known as the "Air Force Master Sergeant Brad Clemmons Memorial Highway." The director o... |
Section 5533.359 | George V. Voinovich Bridge.
...ill span the Cuyahoga river in Cuyahoga county and will be part of the highway known as interstate route number ninety shall be known as the "George V. Voinovich Bridge." The director of transportation may erect suitable markers upon the bridges or along their approaches indicating their name. |
Section 5533.36 | Lou Groza Highway.
...e route number seven located in Belmont county and included within the municipal limits of Martins Ferry shall be known as "Lou Groza highway." The director of transportation may erect suitable markers upon the highway indicating its name. |
Section 5533.37 | Vietnam Veterans' of America Highway.
...The road known as interstate route seventy-seven, running in a north and south direction through the counties of Cuyahoga, Summit, Stark, Tuscarawas, Guernsey, Noble, and Washington, shall be known as the "Vietnam Veterans' of America Highway." The director of transportation shall erect at least two suitable markers upon the portions of interstate route seventy-seven under the director's jurisdiction indicating its ... |
Section 5533.374 | U.S.M.C. Pvt. Heath Warner Memorial Highway.
...e route and Dressler road within Stark county only, shall be known as the "U.S.M.C. Pvt. Heath Warner Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.376 | Army Corporal Keith Nepsa Memorial Highway.
...eventy-seven, commencing in Tuscarawas county at mile marker number seventy-nine and proceeding in a northerly direction to mile marker number eighty-one, shall be known as the "Army Corporal Keith Nepsa Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.377 | Lance Corporal Peter James Clore Memorial Highway.
...mber road northeast, within Tuscarawas county only, shall be known as the "Lance Corporal Peter James Clore Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.378 | U.S.M.C. Sgt. Daniel J. Patron Memorial Highway.
...hat route and Perry drive within Stark county only, shall be known as the "U.S.M.C. Sgt. Daniel J. Patron Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.38 | Edward J. Parish Highway.
...and westerly direction through Clermont county only, shall be known as the "Edward J. Parish Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.39 | Walter Smokey Alston Memorial Highway.
...hin the community of Darrtown in Butler county only, shall be known as the "Walter 'Smokey' Alston Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.40 | William Hopalong Cassidy Boyd Memorial Highway.
...the community of Hendrysburg in Belmont county only, shall be known as the "William 'Hopalong Cassidy' Boyd Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.411 | Sheriff's Sgt. Robert "Bobby" Elliott Memorial Highway.
... as state route forty-one within Miami county, commencing at the southeastern boundary of the municipal corporation of Covington and proceeding in a southeasterly direction to the intersection of that route with Washington road, shall be known as the "Sheriff's Sgt. Robert "Bobby" Elliott Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.42 | William J. Brown Memorial Highway.
...outheasterly direction through Harrison county only, shall be known as the "William J. Brown Memorial Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.43 | McClernon-Skyway Memorial Drive.
...mber six hundred seventy-five in Greene county and extending through Wright state university to Wright-Patterson air force base shall be known as the "McClernon-Skyway Memorial Drive." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 5533.44 | Rosa Parks Highway.
...The road known as interstate number four hundred seventy-five, which encircles the city of Toledo and is located in Lucas and Wood counties, shall be known as the "Rosa Parks Highway." The director of transportation may erect suitable markers along the highway indicating its name. |
Section 4513.66 | Removal of highway obstruction.
...the following: (a) The sheriff of the county, or the chief of a law enforcement agency in the municipal corporation, township, port authority, conservancy district, university campus police department, park district police force, or township or joint police district, in which the accident occurred; (b) A state highway patrol trooper; (c) The chief of the fire department having jurisdiction where the accident oc... |
Section 4513.69 | Storage facilities; business hours; notice.
...at telephone number to the sheriff of a county or chief of a law enforcement agency of a municipal corporation, township, port authority, conservancy district, or township or joint police district, or the department of natural resources, as applicable. The storage facility shall ensure that a process is in place for purposes of answering calls at all times day or night. (2) After receiving a call from the owner or ... |
Section 4513.70 | Civil action against towing service or storage facility by insurance company.
...all file the action in the municipal or county court with territorial jurisdiction over the location from which the vehicle was towed or stored within thirty days of receipt of the bill for services from the towing service or storage facility. If the insurance company objects to the amount billed by the towing service or storage facility, the complaint shall include the amount of the bill that is undisputed and the r... |
Section 4513.71 | Civil actions involving commercial motor vehicle owner and towing service or storage facility.
...may file the action in the municipal or county court with territorial jurisdiction over the location from which the motor vehicle, cargo, or personal property was removed, towed, or stored. (2) The motor vehicle owner, towing service, or storage facility, as applicable, shall send a copy of the filing to any lienholder, if known, of the subject motor vehicle, cargo, or personal property. (E) If the motor vehicle ... |
Section 4517.021 | Rules governing auction of classic motor vehicles.
...: (a) The certificate of title number, county, and state of registration; (b) The year, make, model, and vehicle identification number; (c) The name and address of the person offering the vehicle for sale; (d) The name and address of any vehicle purchaser; (e) The date the vehicle is offered for sale; (f) Any purchase price; (g) The odometer reading at the time of the auction and an odometer statement from ... |
Section 4517.05 | Application for used motor vehicle dealer's license; mandatory training.
...parate application for license for each county in which such business is to be conducted. The application shall be in the form prescribed by the registrar, shall be signed and sworn to by the applicant, and, in addition to such other information as is required by the registrar, shall include the information specified in divisions (A) to (H) of section 4517.04 of the Revised Code. The application shall be accompanied ... |
Section 4517.06 | Application for motor vehicle leasing dealer's license.
...parate application for license for each county in which the business of leasing motor vehicles, as described in division (M) of section 4517.01 of the Revised Code, is to be conducted. The application shall be in the form prescribed by the registrar, shall be signed and sworn to by the applicant, and, in addition to such other information as is required by the registrar, shall include the information specified in div... |
Section 4517.07 | Application for motor vehicle auction owner's license - records to be open for inspection.
...parate application for license for each county in which such business is to be conducted. The application shall be in the form prescribed by the registrar, shall be signed and sworn to by the applicant, and, in addition to such other information as is required by the registrar, shall include the information specified in divisions (A) to (H) of section 4517.04 of the Revised Code. The application shall be accompanied ... |
Section 4517.10 | Prescribed forms and fees for licenses.
... more than one place of business in the county, the dealer shall make application, in such form as the registrar prescribes, for a certified copy of the license issued to the dealer for each place of business operated. In the event of the loss, mutilation, or destruction of a license issued under sections 4517.01 to 4517.65 of the Revised Code, any licensee may make application to the registrar, in such form as the r... |
Section 4517.14 | Limitation on motor vehicle salesperson's employment.
... by the same company, regardless of the county in which the dealership's facility is located. |
Section 4517.21 | Motor vehicle auction owner - prohibited acts.
...ealer's premises are located in another county, but the motor vehicle auction owner is required to have a certified copy of the auction owner's license available for inspection when the auction owner is engaging in the business of auctioning motor vehicles at an established place of business of a licensed motor vehicle dealer. (C) Whoever violates this section is guilty of a misdemeanor of the fourth degree. |
Section 4517.221 | Display of new motor vehicles at location other than dealership.
...icles at the annual fair sponsored by a county or agricultural society unless the sponsor complies with the provisions of division (B) of section 4517.22 of the Revised Code. (C) For a display under this section by a licensed new motor vehicle dealer within the area of responsibility assigned to that dealer by a manufacturer, the dealer shall satisfy the following conditions: (1) The purpose of the display is to pr... |
Section 4517.33 | Appeals - rules for suspension or revocation.
...ays after receipt of an abstract from a county court judge, mayor of a mayor's court, or clerk of a court of record indicating a violation of division (D) of section 4513.241 of the Revised Code, the board shall determine whether the person named in the abstract is licensed under this chapter and, if the person is so licensed, shall further determine whether the person previously has been convicted of or pleaded guil... |
Section 4517.34 | Assistance by officials.
...The attorney general and the prosecuting attorneys of the several counties shall assist the registrar of motor vehicles upon his request, and shall assist the motor vehicle dealers board, upon its request, in enforcing sections 4517.01 to 4517.65 of the Revised Code, and in prosecuting and defending preceedings under such sections. |
Section 4519.46 | Reporting of accident.
...tate highway patrol, the sheriff of the county within which the accident occurred, or the chief of police, if the accident occurred within a municipal corporation, and, within thirty days, shall forward a written report of the accident to the registrar of motor vehicles on a form prescribed by the registrar. If the operator is physically incapable of making the reports and there is another participant in the accident... |
Section 4519.51 | Adoption of rules.
...or other persons residing within the county. |
Section 4519.58 | Issuing duplicate certificate.
...bering shall be in such manner that the county of issuance is indicated. Numbers shall be assigned to certificates of title in the manner prescribed by the registrar. The clerk shall file all certificates of title according to the rules to be prescribed by the registrar, and the clerk shall maintain in the clerk's office indexes for the certificates of title. The clerk need not retain on file any current certificat... |
Section 4519.61 | Surrender and cancelling certificate.
...k of the court of common pleas of any county. The insurance company shall mark the face of the certificate of title "FOR DESTRUCTION" and shall deliver a photocopy of the certificate of title to the salvage dealer or scrap metal processing facility for its records. (3) If an insurance company declares it economically impractical to repair an off-highway motorcycle or all-purpose vehicle, agrees to pay t... |
Section 4519.64 | Appointing agents to sign.
...Manufacturers and importers of off-highway motorcycles or all-purpose vehicles shall appoint and authorize agents who shall sign manufacturer's or importer's certificates. The registrar of motor vehicles may require that a certified copy of a list containing the names and the facsimile signatures of the authorized agents be furnished to the registrar and be forwarded to each clerk of the court of common pleas in the ... |
Section 4519.67 | Additional prohibited acts.
...ive thousand dollars, imprisoned in the county jail or workhouse not less than six months nor more than one year or in the penitentiary not less than one year nor more than five years, or both. |
Section 4519.68 | Effect of secured transaction restrictions.
...rk of the court of common pleas of the county in which the owner of an off-highway motorcycle or all-purpose vehicle resides, enters a notation of the existence of, or the cancellation of, a security interest relating to the off-highway motorcycle or all-purpose vehicle, the clerk shall transmit the data relating to the notation to the automated title processing system. |
Section 4521.02 | Creation of noncriminal parking violations.
...he fine established by the municipal or county court having territorial jurisdiction over the entire or a majority of the political subdivision of the local authority, in its schedule of fines established pursuant to Traffic Rule 13(C), for a substantively comparable violation. Except as provided in this division, in no case shall any fine adopted or additional penalty prescribed pursuant to this division exceed one ... |
Section 4549.021 | Stopping after accident on other than public roads or highways.
... city or village, to the sheriff of the county in which the accident or collision occurred. (3) If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required under division (A)(1) of this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle. (B)(1) Whoever viol... |
Section 4549.03 | Stopping after accident involving damage to realty or personal property attached to real property.
...a city or village to the sheriff of the county in which the accident or collision occurred, the same information required to be given to the owner or person in control of the property and give the location of the accident and a description of the damage insofar as it is known. (B) Whoever violates division (A) of this section is guilty of failure to stop after an accident involving the property of others, a mi... |
Section 4549.48 | Injunctions.
...h of the amount to the treasurer of the county in which the action is brought; three-fourths to the consumer protection enforcement fund created by section 1345.51 of the Revised Code. (C) The remedies prescribed by this section are cumulative and concurrent with any other remedy, and the existence or exercise of one remedy does not prevent the exercise of any other remedy. |