Schiavoni bill seeks to loosen Ohio trespassing law

By Marc Kovac | April 20, 2011 at 12:00a.m.

State Sen. Joe Schiavoni of Canfield, D-33rd

COLUMBUS

Residents who cut down weeds or pick up garbage around vermin-infested abandoned properties would not be charged with trespassing, under legislation in the Ohio Senate.

Senate Bill 109 would update the state’s trespassing laws to exclude individuals who enter abandoned, blighted or delinquent properties to clean them up.

“The foreclosure crisis has taken a toll on neighborhoods and added to a growing number of abandoned and blighted properties,” said Sen. Joe Schiavoni, a Democrat from Canfield and primary sponsor of the legislation. “Neighborhood associations and development corporations are taking on an increased role in the cleanup and beautification of these properties that are not only an eyesore but also pose safety threats to our communities.”

Schiavoni offered sponsor testimony on the bill last week before the Senate’s criminal justice committee.

Under existing law, individuals attempting to clean up trash or mow overgrown lawns of abandoned properties could face criminal charges or civil penalties. Senate Bill 109 would change that.

“During community service, I believe that individuals should never be held criminally or civilly liable if they are on the properties for the purposes of beautification,” Schiavoni said, adding, “The changes in this bill are small and simple, yet they would go a long way in allowing the great work of many neighborhood organizations to continue without fear of breaking the law.”

At least one member of the Senate’s criminal justice committee has firsthand knowledge of such cleanup efforts. Chairman Tim Grendell, a Republican from Chesterland, said he has cut down weeds and removed garbage from an abandoned gas station in his home community.

One day, a police officer stopped to tell him he was trespassing.

“I asked him not to pick me up until about 4:30, because I’d be done by then,” Grendell said.