Terms Used In Ohio Code > Chapter 1546 - Division of Parks and Watercraft

• agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Arrest: Taking physical custody of a person by lawful authority.
• Bond: includes an undertaking. See Ohio Code 1.02
• Canoe: means a paddlecraft that is normally an open, narrow vessel of shallow draft, typically pointed at both ends and propelled by its occupants through the use of paddles while kneeling or sitting on a raised seat, including a flat-backed canoe and a racing canoe. See Ohio Code 1546.01
• Coast guard approved: means bearing an approval number assigned by the United States coast guard. See Ohio Code 1546.01
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Electronic: includes electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies. See Ohio Code 1546.01
• Electronic record: means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another. See Ohio Code 1546.01
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Impoundment: means the reservoir created by a dam or other artificial barrier across a watercourse that causes water to be stored deeper than and generally beyond the banks of the natural channel of the watercourse during periods of normal flow, but does not include water stored behind rock piles, rock riffle dams, and low channel dams where the depth of water is less than ten feet above the channel bottom and is essentially confined within the banks of the natural channel during periods of normal stream flow. See Ohio Code 1546.01
• imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
• Inflatable watercraft: means any vessel constructed of rubber, canvas, or other material that is designed to be inflated with any gaseous substance, constructed with two or more air cells, and operated as a vessel. See Ohio Code 1546.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kayak: means a paddlecraft that is typically pointed at both ends and is propelled by human muscular effort by one or more seated individuals who use a double-bladed paddle, including an open kayak with an open deck for operator seating, an enclosed kayak designed to enclose an occupant within a cockpit, a tandem kayak designed for multiple occupants, and a racing kayak. See Ohio Code 1546.01
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Operator: includes any person who uses, navigates, employs, or has under the person's control a vessel, or vessel and detachable motor, on the waters in this state. See Ohio Code 1546.01
• Owner: includes any person, other than a secured party, who claims lawful possession of a vessel by virtue of legal title or equitable interest therein that entitled the person to use or possess the vessel, including a person entitled to use or possess a vessel subject to a security interest in another person, but does not include a lessee under a lease not intended as a security. See Ohio Code 1546.01
• Paddlecraft: means any type of canoe, kayak, paddleboard, or other vessel powered only by its occupants using a single or double-bladed paddle as a lever without the aid of a fulcrum provided by oarlocks, tholepins, crutches, or similar mechanisms. See Ohio Code 1546.01
• Person: includes any legal entity defined as a person in section 1. See Ohio Code 1546.01
• Personal flotation device: means a United States coast guard approved personal safety device designed to provide buoyancy to support a person in the water. See Ohio Code 1546.01
• Personal property: All property that is not real property.
• Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
• Powercraft: means any vessel propelled by machinery, fuel, rockets, or similar device. See Ohio Code 1546.01
• Property: means real and personal property. See Ohio Code 1.59
• Recreational river area: means an area declared a recreational river area by the director under this chapter and includes those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past. See Ohio Code 1546.01
• Rowboat: includes a racing shell and a rowing skull regardless of length or construction. See Ohio Code 1546.01
• Rule: includes regulation. See Ohio Code 1.59
• Rules: means rules adopted by the chief of the division of parks and watercraft under this chapter or Chapter 1547 of the Revised Code, unless the context indicates otherwise. See Ohio Code 1546.01
• Sailboat: means any vessel, equipped with mast and sails, dependent upon the wind to propel it in the normal course of operation. See Ohio Code 1546.01
• Scenic river area: means an area declared a scenic river area by the director under this chapter and includes those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads. See Ohio Code 1546.01
• Sewage: means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste. See Ohio Code 1546.01
• state: means the state of Ohio. See Ohio Code 1.59
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes all the states. See Ohio Code 1.59
• Vessel: includes every description of craft, including nondisplacement craft, multimodal craft, and submersibles, being used or capable of being used as a means of transportation on water. See Ohio Code 1546.01
• Visible: means visible on a dark night with clear atmosphere. See Ohio Code 1546.01
• Watercourse: means a substantially natural channel with recognized banks and bottom in which a flow of water occurs, with an average of at least ten feet mean surface water width and at least five miles of length. See Ohio Code 1546.01
• Watercraft: means any of the following when used or capable of being used for transportation on the water:

  (1) A vessel operated by machinery either permanently or temporarily affixed;

  (2) A sailboat other than a sailboard;

  (3) An inflatable, manually propelled vessel that is required by federal law to have a hull identification number meeting the requirements of the United States coast guard;

  (4) A canoe, kayak, pedalboat, or rowboat;

  (5) Any of the following multimodal craft being operated on waters in this state:

  (a) An amphibious vehicle;

  (b) A submersible;

  (c) An airboat or hovercraft. See Ohio Code 1546.01

• Waters in this state: means all streams, rivers, lakes, ponds, marshes, watercourses, waterways, and other bodies of water, natural or humanmade, that are situated wholly or partially within this state or within its jurisdiction and are used for recreational boating. See Ohio Code 1546.01
• Wearable personal flotation device: includes a personal flotation device marked as "Type I" "Type II" "Type III" "Type V with Type II performance" or "Type V with Type III performance. See Ohio Code 1546.01
• Wild river area: means an area declared a wild river area by the director of natural resources under this chapter and includes those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted, representing vestiges of primitive America. See Ohio Code 1546.01