Opinions
Opinions
Requested by: Adams County Prosecuting Attorney
It is a criminal offense for a person to knowingly enter and occupy another’s residence without legal right or permission of the owner or lawful tenant. At the request of the property owner or lawful tenant, a law enforcement officer may enter onto the property and arrest the trespasser when probable cause for the arrest exists. If property rights are reasonably in dispute, then the property owner may need to file an eviction action. Absent probable cause for arrest or a court order to remove the occupant, a law enforcement officer could incur liability for acting without legal authority.
Requested by: Logan County Prosecuting Attorney
Whether a composting facility is considered “agriculture” under R.C. 519.01 and exempt from township zoning resolutions under R.C. 519.21(A) is a question of fact to be determined by the township; and, if not considered agriculture, can only be regulated as a conditional use if it is a specifically permitted as a conditional use in the township’s zoning laws. If a composting facility is not agriculture, and therefore subject to township zoning laws, it must comply with the township zoning laws even if it has obtained a permit from the Ohio Environmental Protection Agency. Revised Code 519.23-.24 provides the procedure if there is any dispute over the applicability of township zoning laws to a composting facility.
Requested by: Delaware County Prosecuting Attorney
The term “services” as used in R.C. 9.48 does not include “construction” or “construction services.” 2019 Att’y Gen. No. 2019-028 followed. However, the term “services” may cover the installation, maintenance, repair, and the like of items acquired under R.C. 9.48 provided such services to not constitute nor cross into construction or construction services. Whether any particular service acquired under R.C. 9.48, including any repair, maintenance, replacement, installation, or upgrade constitutes “construction” or “construction services” is a question of fact beyond the opinion-rendering function of the Attorney General.
Requested by: Knox County Prosecuting Attorney
A board of township trustees lacks authority to establish a death benefit payable directly from township funds to the family of a township employee who dies while so employed.
Requested by: Holmes County Prosecuting Attorney
If dogs under the age of eight weeks old are sold directly to the public, R.C. 955.50(A) does not apply. However, if dogs under the age of eight weeks old are sold for the purpose of being resold or placed into commerce, R.C. 955.50(A) does apply. Whether this statute applies to high volume dog breeders depends on to whom and for what purpose the dogs are sold. Finally, whether there is any payment made is irrelevant to the analysis because it is not in the statute.
Requested by: Geauga County Prosecuting Attorney
The duties of the county records commission, county microfilming board, and county recorder acting as chief administrator of the county microfilming board cannot be delegated to the board of county commissioners. Because the duties of the county records commission and the county microfilming board cannot be delegated, they may only be transferred pursuant to the procedure outlined in R.C. 307.847. There is no explicit or implicit authority in the Revised Code for the county microfilming board to contract for services with its own county’s board of county commissioners; instead, the county microfilming board is statutorily required to provide these services to the board of county commissioners.
Requested by: Licking County Prosecuting Attorney
The county dog warden has no mandatory duty to accept and impound unregistered dogs voluntarily brought to the county-operated dog shelter by a non-owner. The county dog warden has the discretion to accept and impound registered or unregistered dogs voluntarily brought to the county-operated dog shelter by a non-owner.
Requested by: Scioto County Prosecuting Attorney
Subject to approval by the court of common pleas, the county sheriff is authorized to promulgate rules and policies to deny an arrestee admission to the county jail when the jail physician determines that off-site treatment is required as a matter of medical necessity, and the medical costs of an arrestee denied admission to the county jail are borne by the custodial law-enforcement agency. If an arrestee is denied admission to the county jail based on medical necessity, custody remains with the outside law-enforcement officer and that officer is responsible for transporting and guarding the arrestee at the off-site medical facility.
Requested by: Greene County Prosecuting Attorney
The Ohio Civil Rights Commission cannot authoritatively interpret R.C. 4112.02(G), which does not prohibit operators of public accommodations from adopting policies that limit communal restrooms, changing rooms, and locker rooms to members of a single sex. Whether a restroom, changing room, or locker room that is open to the public and located in a facility owned by a governmental entity is considered a “public accommodation” under R.C. 4112.01(A)(9) for purposes of R.C. 4112.02(G) is a question of fact that must be determined by the courts. Political subdivisions and their employees can be liable for violations of R.C. 4112.02(G).
Requested by: Ashtabula County Prosecuting Attorney
A county official cannot perform maintenance or make repairs to county-owned buildings and offices and improvements over the objection of the board of county commissioners, and if funds are not being used in the manner for which they were appropriated, the board of county commissioners may stop the repairs and the expenditure of funds. Members of the board of county commissioners have the ability to access county-owned buildings and offices to oversee maintenance and repairs.