CROSS REFERENCES

See section histories for similar State law

Statute of limitations for income tax violations see Ohio R.C. 718.06

Modification of sentence - see Ohio R.C. 2929.10(C), (D)

Penalty considerations - see Ohio R.C. 2929.22

Citation issuance for minor misdemeanors - see Ohio R.C. 2935. 26 et seq.

501.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "Campaign committee," "contribution," "legislative campaign fund," "political action committee," "political contributing entity," and "political party." Have the same meanings as in Ohio R.C. 3517.01.

(b) "Contraband." Any property described in the following categories:

(1) Property that in and of itself is unlawful for a person to acquire or possess.

2001 Replacement

(2) Property that is not in and of itself unlawful for a person to acquire or possess, but that has been determined by a court of this State, in accordance with law, to be contraband because of its use in an unlawful activity or manner, of its nature, or of the circumstances of the person who acquires or possesses it, including but not limited to goods and personal property described in Ohio R.C. 2913.34(D).

(3) Property that is specifically stated to be contraband by a section of the Revised Code or by an ordinance, regulation, or resolution.

(4) Property that is forfeitable pursuant to a section of the Revised Code, or an ordinance, regulation, or resolution, including, but not limited to, forfeitable firearms, dangerous ordnance, obscene materials, and goods and personal property described in Ohio R.C. 2913.34(D).

(5) Any controlled substance, as defined in Ohio R.C. 3719.01, or any device, paraphernalia, money as defined in Ohio R.C. 1301.01, or other means of exchange that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in a violation of, Ohio R.C. Chapter 2925 or Ohio R.C. Chapter 3719.

(6) Any gambling device, paraphernalia, money as defined in Ohio R.C. 1301.01 or other means of exchange that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of, Ohio R.C. Chapter 2915.

(7) Any equipment, machine, device, apparatus, vehicle, vessel, container, liquid, or substance that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of, any law of this State or this Municipality relating to alcohol or tobacco.

(8) Any personal property that has been, is being, or is intended to be used in an attempt or conspiracy to commit, or in the commission of, any offense or in the transportation of the fruits of any offense.

(9) Any property that is acquired through the sale or other transfer of contraband or through the proceeds of contraband, other than by a court or a law enforcement agency acting within the scope of its duties.

(10) Any computer, computer system, computer network, computer software, or other telecommunications device that is used in a conspiracy to commit, an attempt to commit, or in the commission of any offense, if the owner of the computer, computer system, computer network, computer software, or other telecommunications device is convicted of or pleads guilty to the offense in which it is used.

(11) Any property that is material support or resources and that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of, Ohio R.C. 2909.22, 2909.23, or 2909.24 or of Ohio R.C. 2921.32 when the offense or act committed by the person aided or to be aided as described in that section is an act of terrorism. As used in this division (11), "material support or resources" and "act of terrorism" have the same meanings as in Ohio R.C. 2909.21.

(c) "Deadly force." Any force that carries a substantial risk that it will proximately result in the death of any person.

(d) "Detention." Arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this State or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this State into this State by a private person or entity pursuant to a contract entered into under Ohio R.C. 311.29(E) or Ohio R.C. 5149.03(B). For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, "detention" includes time spent at an assigned work site and going to and from the work site.

(e) "Detention facility." Any public or private place used for the confinement of a person charged with or convicted of any crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or an unruly child in this State or another state or under the laws of the United States.

(f) "Force." Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

(1) A sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D) or state highway patrol trooper.

(2) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority.

(3) The Mayor, in a capacity as chief conservator of the peace within the Municipality.

(4) A member of an auxiliary police force organized by the county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission.

(5) A person lawfully called pursuant to Ohio R.C. 311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called.

(6) A person appointed by a Mayor pursuant to Ohio R.C. 737.01 as a special patrolling officer during a riot or emergency, for the purposes and during the time when the person is appointed.

(7) A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence.

(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor.

(10) A member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y).

(11) A special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28.

(12) The House Sergeant at Arms if the House Sergeant at Arms has arrest authority pursuant to Ohio R.C. 101.311(E)(1) and an Assistant House Sergeant at Arms.

(h) "Not guilty by reason of insanity." A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in Ohio R.C. 2901.05, that at the time of the commission of the offense, he or she did not know, as a result of a severe mental disease or defect, the wrongfulness of his or her acts.

(1) A violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, division (A)(1), (2) or (3) of Ohio R.C. 2911.12, or of division (B)(1), (2), (3) or (4) of Ohio R.C. 2919.22, or felonious sexual penetration in violation of former Ohio R.C. 2907.12;

(2) A violation of an existing or former municipal ordinance or law of this or any other state or of the United States, substantially equivalent to any section, division or offense listed in division (1) of this definition;

(3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or of the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;

(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (1), (2), or (3) of this definition.

(j) "Official proceeding." Any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a disposition in connection with an official proceeding.

(k) "Party official." Any person who holds an elective or appointive post in a political party in the United States or this State, by virtue of which he or she directs, conducts, or participates in directing or conducting party affairs at any level of responsibility.

(1) A. Subject to division (2) of this definition, as used in any section contained in this General Offenses Code that sets forth a criminal offense, "person" includes all of the following:

1. An individual, corporation, business trust, estate, trust, partnership and association.

B. As used in any section contained in this General Offenses Code that does not set forth a criminal offense, "person" includes an individual, corporation, business trust, estate, partnership and association.

C. As used in division (1)A.2. of this definition, "unborn human" means an individual organism of the species Homo sapiens from fertilization until live birth. "Viable" means the stage of development of a human fetus at which there is a realistic probability of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.

(2) Notwithstanding division (1)A. of this definition, in no case shall the portion of the definition of the term "person" that is set forth in division (1)A.2. of this definition be applied or construed in any section contained in this General Offenses Code that sets forth a criminal offense in any of the following manners:

A. Except as otherwise provided in division (2)A. of this definition, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or

2903.22, or any substantially similar municipal ordinance, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate Ohio R.C. 2919.12, 2919.13(B), 2919.151, 2919.17 or 2919.18, or any substantially similar municipal ordinance, may be punished as a violation of such section, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with Ohio R.C. 2919.12.

B. In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:

2. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.

3. Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.

4. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.

5. Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.

(m) "Physical harm to persons." Any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(n) "Physical harm to property." Any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.

(o) "Privilege." An immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing out of necessity.

(1) Any property, real or personal, tangible or intangible, and any interest or license in that property. "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human-readable form, trade secrets, trademarks, copyrights, patents, and property

protected by a trademark, copyright or patent. "Financial instruments associated with computers" include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.

(2) As used in this definition, "trade secret" has the same meaning as in Ohio R.C. 1333.61, and "telecommunications service" and "information service" have the same meanings as in Ohio R.C. 2913.01.

(3) As used in this definition and in the definition of "contraband" in this section, "cable television service," "computer," "computer network," "computer software," "computer system," "data," and "telecommunications device" have the same meanings as in Ohio R.C. 2913.01.

(q) "Provider agreement" and "medical assistance program." Have the same meanings as in Ohio R.C. 2913.40.

(r) "Public official." Any elected or appointed officer, employee, or agent of the state or any political subdivision thereof, whether in a temporary or permanent capacity, and includes but is not limited to legislators, judges, and law enforcement officers.

(2) Any person performing ad hoc a governmental function, including but not limited to a juror, member of a temporary commission, master, arbitrator, advisor, or consultant.

(3) A person who is a candidate for public office, whether or not he or she is elected or appointed to the office for which he or she is a candidate. A person is a candidate for purposes of this division if he or she has been nominated according to law for election or appointment to public office, or if he or she has filed a petition or petitions as required by law to have his or her name placed on the ballot in a primary, general, or special election, or if he or she campaigns as a write-in candidate in any primary, general, or special election.

(t) "Risk." A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.

(u) "School," "school building," and "school premises." Have the same meanings as in Ohio R.C. 2925.01.

(v) "School activity." Any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district, a governing board of an educational service center, or the governing body of a school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07.

(x) "School safety zone." Consists of a school, school building, school premises, school activity, and school bus.

(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;

(3) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;

(4) Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;

(5) Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.

(z) "Serious physical harm to property." Any physical harm to property that does either of the following:

(1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort, or money to repair or replace;

(2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use or enjoyment for an extended period of time.

(aa) "Substantial risk." A strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.

(bb) "Valuable thing" or "valuable benefit." Includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986.

(a) Offenses include misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified.

(b) Regardless of the penalty that may be imposed, any offense specifically classified as a misdemeanor is a misdemeanor.

(c) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty.

(d) Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is a fine not exceeding one hundred dollars ($100.00).

(a) No conduct constitutes a criminal offense against the Municipality unless it is defined as an offense in this General Offenses Code.

(b) An offense is defined when one or more sections of this General Offenses Code state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.

(c) This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law to enforce an order, civil judgment or decree.

(a) Except as otherwise provided in division (c) of this section, sections of this General Offenses Code defining offenses or penalties shall be strictly construed against the Municipality and liberally construed in favor of the accused.

(b) Rules of criminal procedure and sections of this General Offenses Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy, and sure administration of justice.

(c) Any provision of a section of this General Offenses Code that refers to a previous conviction of or plea of guilty to a violation of a section of this General Offenses Code, the Ohio Revised Code or a division of a section of this General Offenses Code or the Ohio Revised Code shall be construed to also refer to a previous conviction of or plea of guilty to a substantially equivalent offense under an existing or former law of this Municipality, State, another state, or the United States or under an existing or former municipal ordinance.

(a) A person is subject to criminal prosecution and punishment in this Municipality if any of the following occur:

(1) The person commits an offense under the laws of this Municipality, any element of which takes place in this Municipality;

(2) While in this Municipality, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in another jurisdiction, which offense is an offense under both the laws of this Municipality and the other jurisdiction;

(3) While out of this Municipality, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in this Municipality;

(4) While out of this Municipality, the person omits to perform a legal duty imposed by the laws of this Municipality, which omission affects a legitimate interest of the Municipality in protecting, governing or regulating any person, property, thing, transaction, or activity in this Municipality;

(5) While out of this Municipality, the person unlawfully takes or retains property and subsequently brings any of the unlawfully taken or retained property into this Municipality;

(6) While out of this Municipality, the person unlawfully takes or entices another person and subsequently brings the other person into this Municipality;

(7) The person, by means of a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, causes or knowingly permits any writing, data, image or other telecommunication to be disseminated or transmitted into this Municipality in violation of the law of this State or Municipality.

(b) This Municipality includes the land and water within its boundaries and the air space above that land and water, with respect to which this Municipality has either exclusive or concurrent legislative jurisdiction. Where the boundary between this Municipality and another jurisdiction is disputed, the disputed territory is conclusively presumed to be within this Municipality for purposes of this section.

(c) When an offense is committed under the laws of this Municipality, and it appears beyond a reasonable doubt that the offense or any element of the offense took place either in this Municipality or in another jurisdiction or jurisdictions, but it cannot reasonably be determined in which it took place, the offense or element is conclusively presumed to have taken place in this Municipality for purposes of this section.

(d) As used in this section, "computer," "computer system," "computer network," "information service," "telecommunication," "telecommunications device," "telecommunications service," "data" and "writing" have the same meanings as in Ohio R.C. 2913.01.

(a) (1) Except as provided in division (a)(2) or (a)(3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:

(2) There is no period of limitation for the prosecution of a violation of Ohio R.C. 2903.01 or Ohio R.C. 2903.02.

(3) Except as otherwise provided in divisions (b) to (h) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within 20 years after the offense is committed:

A. A violation of Ohio R.C. 2903.03, 2903.04, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02, a violation of Ohio R.C. 2903.11 or 2903.12 if the victim is a peace officer, a violation of Ohio R.C. 2903.13 that is a felony, or a violation of former Ohio R.C. 2907.12.

B. A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (a)(3)A. of this section.

(b) If the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of fiduciary duty within one year after discovery of the offense either by an aggrieved person or by the aggrieved person's legal representative who is not a party to the offense.

(c) If the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution shall be commenced for an offense involving misconduct in office by a public servant, as defined in Ohio R.C. 2921.01, at any time while the accused remains a public servant, or within two years thereafter.

(d) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's accountability for it terminates, whichever occurs first.

(e) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process unless reasonable diligence is exercised to execute the same.

(f) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

(g) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this Municipality or conceals the accused's identity or whereabouts is prima facie evidence of the accused's purpose to avoid prosecution.

(h) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this State, even though the indictment, information, or process which commenced the prosecution is quashed or the proceedings thereon are set aside or reversed on appeal.

(i) As used in this section, "peace officer" has the same meaning as in Ohio R.C. 2935.01.

(a) Except as provided in division (b) of this section, a person is not guilty of an offense unless both of the following apply:

(1) The person's liability is based on conduct that includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing;

(2) The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense.

(b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in the section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense.

(c) Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense. Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense. Evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.

(1) "Culpability." Purpose, knowledge, recklessness, or negligence, as defined in Ohio R.C. 2901.22.

(2) "Intoxication." Includes but is not limited to intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug.

(3) "Involuntary acts." Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor's volition are involuntary acts.

(4) "Possession." A voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor's control of the thing possessed for a sufficient time to have ended possession.

(a) A person acts purposely when it is his or her specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is his or her specific intention to engage in conduct of that nature.

(b) A person acts knowingly, regardless of his or her purpose, when he or she is aware that his or her conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he or she is aware that such circumstances probably exist.

(c) A person acts recklessly when, with heedless indifference to the consequences, he or she perversely disregards a known risk that his or her conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, he or she perversely disregards a known risk that such circumstances are likely to exist.

(d) A person acts negligently when, because of a substantial lapse from due care, he or she fails to perceive or avoid a risk that his or her conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, he or she fails to perceive or avoid a risk that such circumstances may exist.

(e) When the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge, or purpose is also sufficient culpability for such element. When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for such element. When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for such element.

(a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.

(b) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.

(c) No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense, shall be convicted of an attempt to commit the same offense in violation of this section.

(d) It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.

(e) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate State law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of Ohio R.C. Chapter 3734, other than Ohio R.C. 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate State law. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.

(f) As used in this section, "drug abuse offense" has the same meaning as in Ohio R.C. 2925.01.

(a) No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:

(3) Conspire with another to commit the offense in violation of Ohio R.C. 2923.01;

(b) It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.

(c) No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Ohio R.C. 2923.02 or a substantially similar municipal ordinance.

(d) If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court shall charge the jury in accordance with Ohio R.C. 2923.03(D).

(e) It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.

(f) Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.

(a) An organization may be convicted of an offense under any of the following circumstances:

(1) The offense is a minor misdemeanor committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of his or her office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.

(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of his or her office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.

(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.

(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated, or performed by the board of directors, trustees, partners, or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of his or her office or employment.

(b) When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.

(c) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent, or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.

(d) As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial or legal entity. "Organization" does not include an entity organized as or by a governmental agency for the execution of a governmental program.

(a) An officer, agent, or employee of an organization, as defined in Ohio R.C. 2901.23, may be prosecuted for an offense committed by such organization, if he or she acts with the kind of culpability required for the commission of the offense, and any of the following apply:

(1) In the name of the organization or in its behalf, he or she engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he or she has direct responsibility;

(2) He or she has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.

(b) When a person is convicted of an offense by reason of this section, he or she is subject to the same penalty as if he or she had acted in his or her own behalf.

(a) Any person convicted of an offense, other than a minor misdemeanor, originating in the City, who is or was in the custody of the City's Police Department or was confined in the City Jail or County Jail or any facility for which the City is charged any expenses, shall reimburse the City for the City's expenses incurred by reason of such person's custody or confinement, including, but not limited to, expenses relating to the provision of food, clothing and shelter and medical, dental and psychiatric care or treatment. The amount of reimbursement shall be determined by a court at a hearing held pursuant to Ohio R.C. 2929.223. However, the maximum amount permitted by Ohio R.C. 2929.223(B) shall not apply. The amount shall be included as costs as defined by and provided in Ohio R.C. 2949.111.

(b) The Chief of Police and/or the Director of Finance shall maintain records of the expenses chargeable to each prisoner in accordance with a reasonable computation of the per capita cost of maintaining such prisoner, in addition to specific expenses incurred on behalf of each prisoner. The Chief of Police and/or the Director of Finance shall prepare a statement of such expenses and, in the event such expense equals or exceeds fifty dollars ($50.00), shall cause such statement to be transmitted to the Clerk of Court to be placed in the prisoner's court file where it shall be available to the prisoner. Such statement shall be prima facie evidence of the costs of confinement attributable to each prisoner.

(a) (1) Except as provided in division (g) of this section or in Ohio R.C. 2929.23, whoever is convicted of or pleads guilty to a misdemeanor other than a minor misdemeanor shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section. Whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of Section 541.02 that is a misdemeanor, or a violation of Section 541.03(a)(2) when the means used are fire or explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with Ohio R.C. 2929.28.

(2) Except as provided in division (g) of this section, terms of imprisonment for misdemeanors shall be imposed as follows:

A. For a misdemeanor of the first degree, not more than one thousand dollars ($1,000.00);

B. For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);

C. For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);

D. For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00).

(4) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred dollars ($100.00).

(5) The court may require a person who is convicted of or pleads guilty to a misdemeanor to make restitution for all or part of the property damage that is caused by the offense and for all or part of the value of the property that is the subject of any theft offense, as defined in Ohio R.C. 2913.01, that the person committed. If the court determines that the victim of the offense was 65 years of age or older or permanently or totally disabled at the time of the commission of the offense, the court shall, regardless of whether or not the offender knew the age of victim, consider this fact in favor of imposing restitution, but this fact shall not control the decision of the court.

(6) A. If a person is sentenced to a term of imprisonment pursuant to this section and the term of imprisonment is to be served in a county jail in a county that has established a county jail industry program pursuant to Ohio R.C. 5147.30, the court shall specify, as part of the sentence, whether the person may be considered by the county sheriff of that county for participation in the county jail industry program. The court shall retain jurisdiction to modify its specification made pursuant to this division during the person's term of imprisonment upon a reassessment of the person's qualifications for participation in the program.

B. If a person is sentenced to a term of imprisonment pursuant to this section that is to be served in a local detention facility, as defined in Ohio R.C. 2929.35, the court may impose as part of the sentence pursuant to Ohio R.C. 2929.36 a reimbursement sanction and, if the local detention facility is covered by a policy adopted pursuant to Ohio R.C. 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 and Ohio R.C. 2929.37, both of the following apply:

a. If the person is presented with an itemized bill pursuant to Ohio R.C. 2929.37 for payment of the costs of confinement, the person is required to pay the bill in accordance with that section.

b. If the person does not dispute the bill described in division (6)B.1.a. of this section and does not pay the bill by the times specified in Ohio R.C. 2929.37, the Clerk of the Court may issue a certificate of judgment against the person as described in that section.

2. The sentence automatically includes any certificate of judgment issued as described in division (6)B.1.b. of this section.

(7) If an offender if being sentenced for a sexually oriented offense that is a misdemeanor committed on or after January 1, 1997, and if the judge imposing sentence for the sexually oriented offense determines that the offender is a sexual predator, the judge shall include in the offender's sentence a statement that the offender has been adjudicated as being a sexual predator, shall comply with the requirements of Ohio R.C. 2950.03, and shall require the offender to submit to a DNA specimen collection procedure pursuant to Ohio R.C. 2901.07.

(8) Before imposing sentence on an offender who is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after January 1, 1997, the judge shall conduct a hearing in accordance with Ohio R.C. 2950.09(B) to determine whether the offender is a sexual predator. Before imposing sentence on an offender who is being sentenced for a sexually oriented offense, the court also shall comply with Ohio R.C. 2950.09(E).

(9) If an offender is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after January 1, 1997, the judge shall include in the sentence a summary of the offender's duty to register pursuant to Ohio R.C. 2950.04, the offender's duty to provide notice of a change in residence address and register the new residence address pursuant to Ohio R.C. 2950.05, the offender's duty to periodically verify the offender's current residence address pursuant to Ohio R.C. 2950.06, and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration and, if required under Ohio R.C. 2950.03(A)(2), shall perform the duties specified in that section.

(b) (1) Regardless of the other penalties provided in division (a) hereof, an organization convicted of an offense pursuant to Section 501.11 shall be fined by the court as follows:

A. For a misdemeanor of the first degree, not more than five thousand dollars ($5,000.00);

B. For a misdemeanor of the second degree, not more than four thousand dollars ($4,000.00);

C. For a misdemeanor of the third degree, not more than three thousand dollars ($3,000.00);

D. For a misdemeanor of the fourth degree, not more than two thousand dollars ($2,000.00);

F. For a misdemeanor not specifically classified, not more than two thousand dollars ($2,000.00);

G. For a minor misdemeanor not specifically classified, not more than one thousand dollars ($1,000.00).

(2) When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this section.

(3) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this section, then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.

(4) This division (b) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 501.11, either in addition to or in lieu of a fine imposed pursuant to division (b).

(c) Except as may otherwise be provided in the Ohio Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this Code of Ordinances that is substantially similar to a provision of the Ohio Revised Code, and a court is permitted or required to suspend or revoke a person's driver's or commercial driver's license or permit for a violation of that provision, a court, in addition to any other penalties it is authorized by law to impose upon the offender, may suspend the offender's driver's or commercial driver's license or permit for the period of time the court determines appropriate, or may revoke the license or permit, but in no case shall the period of suspension imposed for the violation of the provision of this Code of Ordinances exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Ohio Revised Code to which the provision of this Code of Ordinances is substantially similar.

CROSS REFERENCES

See section histories for similar State law

Owner or keeper liable for damages - see Ohio R.C. 951.10

Dog registration - see Ohio R.C. 955.01

Discharging firearms prohibited - see GEN. OFF. 549.12

Assaulting police dog or horse or handicapped assistance dog see

GEN. OFF. 541.11

505.01 DOGS AND OTHER ANIMALS RUNNING AT LARGE.

(a) No person being the owner or having charge of cattle, sheep, geese, ducks, turkeys, chickens or other fowl or animals shall permit them to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another.

(b) No person being the owner of or having charge of any dog, whether wearing a registration tag or not, shall permit it to run at large upon any public place or upon the premises of another. No owner, keeper or harborer of any female dog shall permit such dog to go beyond the premises of such owner or keeper at any time such dog is in heat, unless such dog is properly in leash. The owner or keeper of every dog shall at all times keep such dog confined upon the premises of the owner or keeper or, when not so confined, properly in leash.

(Ord. 74-75. Passed 10-21-74.)

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(c) The running at large of such animal in or upon any of the places mentioned in divisions (b) and (c) above is prima facie evidence that it is running at large in violation of this section.

(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) A police officer or animal warden may impound every animal or dog found in violation of Section 505.01. If the impounded dog is not wearing a valid registration tag, the dog shall forthwith be turned over to an officer charged by law with the custody and disposal of such dogs. If the dog is wearing a valid registration tag or the identity of the owner or harborer is otherwise established, notice shall immediately be given to such owner or harborer that the dog has been impounded. Notice may be by telephone or by ordinary mail to the last known address of such owner or harborer. The dog shall not be released except upon the payment of reasonable expenses for its taking and keeping. Any dog not redeemed within three days of the time it is seized or impounded may be sold or otherwise disposed of as provided by Ohio R.C. 955.16.

(b) A record of all dogs impounded, the disposition of the same, the owner's name and address, if known, and a statement of any costs or receipts involving such dog shall be kept.

(a) Except for guide, leader or listener dogs, or dogs in training to become guide, leader or listener dogs, registered under Ohio R.C. 955.011, and dogs kept by an institution or organization for teaching and research purposes under Ohio R.C. 955.16, no person shall own, keep or harbor a dog more than three months of age without annually registering such dog with the County Auditor. Failure of any dog at any time to wear a valid registration tag shall be prima facie evidence of lack of registration and subject such dog to impounding and disposition as provided by Ohio R.C. 955.16.

(a) No owner or keeper of a dog, cat, or other domestic animal shall abandon the animal.

(b) Whoever violates division (a) of this section shall be guilty of a minor misdemeanor.

(a) No person shall maliciously, or willfully and without the consent of the owner, kill or injure a dog, cat, or any other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.

(b) Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree.

(a) No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a dog, cat, or any other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any such animal, either upon his or her own lands or the lands of another.

(b) Whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree.

(1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during the confinement with a sufficient quantity of good wholesome food and water;

(2) Impound or confine an animal without affording it, during the confinement, access to shelter from wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This division does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means an artificial enclosure, windbreak, sunshade, or natural windbreak or sunshade that is developed from the earth's contour, tree development, or vegetation;

(4) Keep animals other than cattle, poultry or fowl, swine, sheep, or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;

(5) Detain livestock in railroad cars or compartments longer than 28 hours after they are so placed without supplying them with necessary food, water, and attention, nor permit the stock to be so crowded as to overlie, crush, wound, or kill each other.

(b) Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which the livestock may be detained in any cars or compartment without food, water, and attention may be extended to 36 hours without penalty therefor. This section does not prevent the dehorning of cattle.

(c) All fines collected for violations of this section shall be paid to the society or association for the prevention of cruelty to animals, if there is one in the municipality; otherwise, all fines shall be paid to the general fund.

(d) Whoever violates division (a) of this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.

(a) No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.

(b) Any animal which, by barking, biting, howling or which in any way or manner injures or disturbs the quiet of any person, or destroys or damages any lawn, tree, shrub, plant, building or other public or private property, other than the property of the owner or person in charge or control of such animal, by scratching, digging, running or otherwise, is hereby declared to be a public nuisance and no person being the owner or in charge of any animal shall permit such animal to be or create a nuisance as herein defined.

(c) No person, being the owner or in charge or control of any animal, shall allow or permit such animal to defecate or urinate on any school grounds, City park or other public property or upon any private property other than that of the owner or person in charge or control .of such animal, without the permission of the owner of such property. The restriction in this section shall not be applicable to public property where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of the same in a sanitary manner.

(a) No person being the owner or having possession or control of a dog within the City shall bring such dog into or permit such dog to enter any public park in the City unless such dog is properly in leash.

(a) Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Health Commissioner within twenty four hours. The dog or other animal inflicting a bite shall immediately be examined by a qualified veterinarian and results of such examination shall be reported to the Health Commission within twenty four hours. At the direction of the Health Commissioner, the dog or other animal shall either be confined by its owner or harborer to his premises away from the public at large, or be placed under supervision of a veterinarian at the owner's or harborer's expense. The isolation or observation period shall not be less than ten days from the date the person was bitten at which time report of the condition of the animal shall be made to the Health Commissioner.

No person shall fail to comply with the requirements of this section or with any order of the Health Commissioner made pursuant thereto, nor fail to immediately report to the Health Commissioner any symptom or behavior suggestive of rabies.

(a) The hunting of animals or fowl within the Municipality is prohibited. No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms or any other means.

(a) No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or baby poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than six. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree on a first offense; each subsequent offense is a misdemeanor of the third degree.

(a) The owner or keeper of any member of a species of the animal kingdom that escapes from his or her custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he or she discovers or reasonably should have discovered the escape, report it to:

(b) If the office of the Clerk of Council is closed to the public at the time a report is required by division (a) of this section, then it is sufficient compliance with division (a)(2) of this section if the owner or keeper makes the report within one hour after the office is next open to the public.

(a) No person owning, harboring or having the care of a vicious dog shall suffer or permit such dog to go unconfined on the premises of such person.

(b) No person owning, harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely leashed and muzzled or otherwise securely restrained.

(c) A vicious dog is "unconfined," as the term is used in this section, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in subsection (a) hereof. Such pen or structure shall have secure sides. If the structure does not have a secure top, the sides shall extend to a height of six feet above the ground. If the pen or structure has no bottom secured to the sides, the sides shall be embedded in the ground not less than two feet. The fence shall be made of adequate material to restrain the dog.

(1) Any dog with a propensity, tendency or disposition to attack, to cause injury to or to otherwise endanger the safety of persons or other domestic animals;

(2) Any dog which attacks a person or another domestic animal one or more times without provocation, which attack results in any substantial injury to such person or domestic animal; or

(3) Any pit bull terrier, which means any Staffordshire Bull Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier or American Staffordshire Terrier so as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier by a person qualified to make such an identification.

(e) Subsections (a) and (b) hereof are necessary controls on the unrestrained activity of vicious dogs which threaten the safety of streets, parks, sidewalks, yards and other areas of the City. Lack of knowledge or lack of intent is not a defense to a violation of this section.

(f) Whoever violates subsection (a) or (b) hereof shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than sixty days, or both. In addition, any vicious dog which attacks a person or another domestic animal may be ordered destroyed when, in the court's judgment, such vicious dog represents a continuing threat of serious harm to persons or other animals. Any person found guilty of a violation of subsection (a) or (b) hereof shall pay all expenses, including expenses for shelter and/or food, expenses for the identification or certification of the breed of the animal, boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public and such other expenses as may be required for the destruction of any such dog.

(a) The keeping or harboring of bees (including, but not limited to, honey bees and bumble bees), wasps, yellow jackets or hornets, by placing or permitting the existence of a natural or man made hive or nest for bees (including, but not limited to, honey bees and bumble bees), wasps, yellow jackets or hornets, on any premises within the City, is hereby declared to be a public nuisance.

(b) No person being the owner or occupant of any premises within the City shall permit the keeping or harboring of any bees (including, but not limited to, honey bees and bumble bees), wasps, yellow jackets or hornets, by placing or permitting the existence of a natural or man made hive or nest for bees (including, but not limited to, honey bees and bumble bees), wasps, yellow jackets or hornets on such premises.

(c) The failure to remove or authorize the removal of any natural or man made hive or nest, or other living quarters for bees (including, but not limited to, honey bees and bumble bees), wasps, yellow jackets or hornets, within three days after notice is served by the Building Inspector upon the owner and/or occupant, shall be prima facie evidence that bees (including, but not limited to honey bees and bumble bees), wasps, yellow jackets or hornets, are being kept or harbored on the premises by such owner and/or occupant.

(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(a) No person shall keep or maintain any animal in any yard structure or area that is not clean, dry and sanitary, free from debris, animal feces and offensive odors and free from rodents and vermin.

(b) All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs and standing water is not present.

(c) All premises on which animals are kept shall be subject to inspection by the Lake County Department of Health or the Zoning Inspector. If the Department of Health or the Zoning Inspector determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she or it shall notify the owner of the animal, in writing, to correct the sanitation deficiencies within twenty four hours after notice is served. Any animal kept under any condition which could endanger the public or the animal's health or create a health nuisance may be impounded. Animals shall be released after fees are paid and the cause for impoundment has been corrected.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

Power to regulate advertising see Ohio R. C. 715.65

Advertising on traffic control device see TRAF. 313.07

Criminal mischief see GEN. OFF. 541.04

507.01 DEFINITIONS.

As used in this chapter:

(a) "Billposter" means any person engaging in the business for hire of posting, fastening, nailing or otherwise affixing any written, painted or printed matter of any kind, or other form or reproduction thereof, hereinafter called "sign", containing a message or information of any kind whatsoever, to any outdoor billboard or to or upon any bridge, fence, pole, post, sidewalk or tree or to or upon the exterior of any other structure. However, the terms of this definition shall not apply to nor include any such sign mounted on, fastened to or suspended from the outside of any building or other structure, in accordance with and authorized by any provisions of an ordinance or statute, either for any public convenience or use, or regulating the construction or use of so called outdoor display signs, whether such display signs are illuminated or not.

(b) "Commercial handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature:

(1) Which advertises for sale any merchandise, product, commodity or thing;

(2) Which directs attention to any business, mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales;

2001 Replacement

(3) Which directs attention to or advertises any meeting, theatrical performance, motion picture, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit. The terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this subparagraph shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of the State, or under any ordinance of the City;

(4) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor; or

(c) "Handbill distributor" means any person engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.

(d) "Newspaper" means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. It also means any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

(e) "Noncommercial handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforementioned definitions of sign, commercial handbill or newspaper.

(a) No person shall post, stick, stamp, paint or otherwise fix or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way or public place, or any lamppost, electric light, telegraph, telephone or trolley line pole, or

railway structure, hydrant, shade tree or tree box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct, or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, the State, or the City.

(c) Where a bona fide civic organization makes application, in writing, for a waiver of the prohibitions of subsection (a) hereof, to announce or advertise an event occurring within the City and conducted for civic purposes, Council may waive the requirements of this section for a limited time not exceeding fourteen days. Council, upon authorizing a waiver under this subsection shall record its action in its journal and advise the Director of Public Safety of such waiver.

(a) No person shall deposit, place, throw, scatter or cast any commercial handbill in or upon any public place within the City. No person shall hand out or distribute or sell any commercial handbill in any public place. However, it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handball in any public place to any person willing to accept such noncommercial handbill. (Ord. 62 18. Passed 5 2 62.)

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

507.05 DISTRIBUTION OF HANDBILLS ON UNINHABITED OR VACANT PRIVATE PREMISES PROHIBITED.

(a) No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing", "No Peddlers or Agents" "No Advertisement" or any similar notice, indicating in any manner that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left upon the premises.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person licensed under the provisions of this chapter or any other person, shall distribute, deposit, place, throw scatter or cast any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or any other person then present in or upon such private premises. However, in the case of inhabited private premises which are not posted as provided in this chapter, the licensed or other person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere, except that mailboxes may not be so used when so prohibited by Federal postal laws or regulations.

(b) Whoever violates this section is guilty of a misdemeanor. of the fourth degree.

(a) No person shall distribute, deposit, scatter, hand out or circulate any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the following:

(2) The person who caused the same to be distributed. In the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring such handbill shall also appear thereon.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No owner, lessee, occupant or agent of premises shall permit any person, whether licensed or acting under the terms of this chapter, or otherwise, to post, affix or otherwise attach to any building, structure or fixture located upon such premises, whether such fixture is natural or artificial, any poster or handbill containing any matter prohibited by the terms of this chapter.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person shall post, hand out, distribute or transmit any sign or any commercial or noncommercial handbill:

(1) Which may reasonably tend to incite riot or other public disorder or which advocates disloyalty to or the overthrow of the Federal or State Government by means of any artifice, scheme or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community; or

(2) Which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous or scurrilous language, or tends to arouse prurient interest.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) Any person desiring to engage, as principal, either in the business of a billposter for hire, or in the business of distributing commercial or noncommercial handbills for hire, shall make application to and receive from the Mayor, or other officer authorized to issue the same, who shall act whenever the Mayor is herein. referred to, a license in the manner and for the period prescribed by the terms of this chapter and by all relevant provisions of other ordinances of the City. Such applicant shall make written application to the Mayor upon a form provided for such purpose by the Mayor. Such form shall contain, among other things that may be required, the name and business address of the applicant and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees so to be engaged, a brief description of the commercial handbills to be posted or distributed, together with a request for a license for the period for which the applicant seeks to engage in such business. Prior to the posting or distribution of any commercial handbill, a true copy thereof shall be deposited in the office of the Mayor together with a statement identifying the person who is to cause its posting or distribution, and the times and places of posting and distribution.

(b) Without excluding other just grounds for revocation, Council may revoke any license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with. intent to obtain a license by means of false or fraudulent representation, or for violation of any of the provisions this chapter, or any other grounds specified by law. Such application shall be accompanied by the fee provided in subsection (c) hereof. No license issued under this chapter shall be transferrable. If any such license is surrendered by the licensee therein named, or is revoked for cause, neither the licensee named in such license, nor any other person, shall be entitled to any refund of any part of such fee.

Persons acting for licensees, as agents or employees, in the posting or distributing of any such signs or handbills, shall not be required to obtain a license or pay a fee, but each such person shall comply with each and all of the other provisions of this chapter and be subject thereto.

(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

The provisions of this chapter shall not apply to the distribution of mail by the United States, nor to newspapers.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See sectional histories for similar State law

Use of force to suppress riot - see Ohio R.C. 2917.05

Cordoning off riot areas, prohibiting sales of firearms and explosives - see

Ohio R.C. 3761.16

Emergency suspension of permits and sales by Director of Liquor Control - see

Ohio R.C. 4301.251

Playing car radios, etc., at high volume - see TRAF. 337.28

Trespass - see GEN. OFF. 541.05, 541.055

509.01 RIOT.

(a) No person shall participate with four or more others in a course of disorderly conduct in violation of Ohio R.C. 2917.11 or a substantially similar municipal ordinance:

(1) With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;

(2) With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede, or obstruct a function of government;

(3) With purpose to hinder, impede, or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at the institution.

(b) No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though the act might otherwise be lawful.

2001 Replacement

(a) Where five or more persons are participating in a course of disorderly conduct in violation of Ohio R.C. 2917.11 or a substantially similar municipal ordinance, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and the other persons to disperse. No person shall knowingly fail to obey the order.

(b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.

(a) No person shall recklessly cause inconvenience, annoyance, or alarm to another, by doing any of the following:

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;

(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if he or she were not intoxicated, should know is likely to have such effect on others;

(2) Engage in conduct or create a condition that presents a risk of physical harm to himself, herself or another, or to the property of another.

(c) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse is not a violation of division (b) of this section.

(d) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that the person is voluntarily intoxicated for purposes of division (b) of this section.

(1) Except as otherwise provided in division (e)(2) of this section, disorderly conduct is a minor misdemeanor.

(2) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

A. The offender persists in disorderly conduct after reasonable warning or request to desist.

B. The offense is committed in the vicinity of a school or in a school safety zone.

C. The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

D. The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.

(1) "Committed in the vicinity of a school" has the same meaning as in Ohio R.C. 2925.01.

(3) "Emergency facility person" is the singular of "emergency facility personnel" as defined in R.C. § 2909.04.

(4) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in Ohio R.C. 2133.21.

(a) No person, with purpose to prevent or disrupt a lawful meeting, procession, or gathering, shall do either of the following:

(1) Do any act which obstructs or interferes with the due conduct of the meeting, procession, or gathering.

(2) Make any utterance, gesture, or display which outrages the sensibilities of the group.

(b) Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree.

(1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;

(2) Hamper the lawful activities of any emergency facility person who is engaged in the person's duties in an emergency facility;

(3) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind.

(b) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative's duties.

(c) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, misconduct at an emergency is a minor misdemeanor. If violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.

(2) "Emergency facility person" is the singular of "emergency facility personnel" as defined in Ohio R.C. 2909.04.

(3) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in Ohio R.C. 2133.21.

(a) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false.

(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

(b) Division (a)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.

(2) Except as otherwise provided in division (c)(3), inducing panic is a misdemeanor of the first degree.

(3) If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section results in economic harm of five hundred dollars ($500.00) or more, inducing panic is a felony to be prosecuted under appropriate state law. If the public place involved in a violation of division (a)(1) is a school and if the violation results in economic harm, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to be prosecuted under appropriate state law.

(d) (1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.

(2) Any act that is a violation of this section and any other section of the Ohio Revised Code or these Codified Ordinances may be prosecuted under this section, the other section, or both sections.

A. All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. "Economic harm" as described in this division includes but is not limited to all of the following:

1. All wages, salaries or other compensation lost as a result of the criminal conduct;

2. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;

3. The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;

4. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

B. All costs incurred by the State or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Ohio R.C. 2917.32, or any substantially similar municipal ordinance, including but not limited to all costs so incurred by any law enforcement officers, firefighters, rescue

personnel, or emergency medical services personnel of the State or the political subdivision.

(3) "Emergency medical services personnel" has the same meaning as in Ohio R.C. 2133.21.

(4) "School" means any school operated by a board of education or any school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of this section is committed.

A. Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or other precursors;

C. Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

D. Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of "destructive device" pursuant to 18 U.S.C. 921(a)(4) and regulations issued under that section:

1. Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

2. Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division D.1. of this definition and from which an item or device described in that division may be readily assembled.

(1) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm.

(2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property.

(3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that the offense did not occur.

(b) This section does not apply to any person conducting an authorized fire or emergency drill.

42A Disorderly Conduct and Peace Disturbance 509.08

(c) Whoever violates this section is guilty of making false alarms. Except as otherwise provided in this division, making false alarms is a misdemeanor of the first degree. If a violation of this section results in economic harm of five hundred dollars ($500.00) or more, making false alarms is a felony to be prosecuted under appropriate State law. If a violation of this section pertains to a purported, threatened, or actual use of a weapon of mass destruction, making false alarms is a felony to be prosecuted under appropriate State law.

(2) Any act that is a violation of this section and any other section of the Ohio Revised Code or these Codified Ordinances may be prosecuted under this section, the other section, or both sections.

(e) As used in this section, "economic harm" and "weapon of mass destruction" have the same meaning as in Ohio R.C. 2917.31.

(ORC 2917.32)

509.08 MAYOR'S EMERGENCY POWERS.

(a) Whenever the Mayor finds it necessary, in the exercise of the authority granted to him under the Constitution and laws of the State and the City Charter, to cordon off any area, which may be limited to a single building or parcel of land, when engaged in the suppression of a riot or when there is a clear and present danger of a riot or when engaged in the protection of lives and property from any natural disaster or manmade calamity, including flood, conflagration, tornado, windstorm, earthquake or explosion within the corporate limits resulting in death or injury to persons or destruction of property to such extent that extraordinary measures must be taken to protect lives and property, he shall issue a proclamation stating the facts requiring such action, describing the area to be cordoned off and the terms and conditions upon which persons may enter such area and setting forth any other restrictions upon the activities of persons within such area which he may deem necessary and which he is authorized to impose under the Constitution and laws of the State and the City Charter, including, but not limited to, the following:

(1) Prohibiting persons from being out of doors during certain hours, excepting officers of the City and employees of the City acting under their directions, firemen and law enforcement officers, physicians, nurses, ambulance operators and attendants performing medical services, utility personnel maintaining essential public services, and with such other exceptions and under such conditions as the Mayor may deem to be consistent with the public peace, health and safety;

2002 Replacement

(2) Prohibiting the sale, offering for sale, dispensing and transportation of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, or incendiary devices and any necessary ingredient thereof.

(b) Copies of the proclamation provided for in subsection (a) hereof shall promptly be posted conspicuously within and surrounding such cordoned off area in such manner as to give notice of its terms to persons entering, leaving or within such area, and shall as soon as possible be published once in at least one newspaper of general circulation in the City. Copies of such proclamation may also be delivered to representatives of newspapers, radio and television stations and other communications media to which residents of the City commonly resort for news of current events.

(c) The proclamation provided for in subsection (a) hereof shall remain in effect until modified or rescinded by subsequent proclamation or order of the Mayor or by order of a court of competent jurisdiction. Any person affected or aggrieved by the continued effectiveness of such proclamation cordoning off an area of the City may petition the Mayor for modification or rescission of such proclamation and may request a hearing on such petition by leaving a copy thereof at the office of the Mayor. Such petition shall contain the name of the petitioner and the address at which he can be served with notice. If more than one person presents the petition, one of their number shall be designated to receive notice in behalf of all of such petitioners. Not more than five days following receipt of such a petition the Mayor shall conduct a hearing thereon at which the petitioner and all other interested persons shall be entitled to be heard. Any number of petitions relating to the same area may be considered at the same hearing. Notice of the time and place of such hearing shall be given to the petitioner by delivering such notice to him personally, by leaving a copy thereof at the address contained in the petition, or by certified mail sent to such address not less than three days prior to the hearing. Copies of such notice shall also be posted in the five public places in the City designated by Council for the posting of ordinances, resolutions, statements, orders, proclamations, notices and reports required by law or ordinance to be published and may also be published in .one or more newspapers of general circulation in the City.

(d) Not less than two days after the conclusion of such hearing the Mayor shall issue an order modifying, rescinding or continuing in effect such proclamation. Any such order shall be a final order within the meaning of Ohio R.C. 2506.01 .

(e) No person, regardless of whether or not a proclamation as described in subsection (a) hereof, has been issued, except police officers and those assisting them, shall remain at the scene of any natural disaster, unlawful assembly, civil disturbance or riot after such person has been ordered to remove himself from such area by police or other lawful authority.

(f) The powers conferred by this section are in addition to any other powers which are now or may hereafter be conferred by law, and nothing in this section shall be construed to modify or limit such authority, powers, duties and responsibilities of any officer or public official as may be provided by law. Nothing in this section shall be construed as permitting suspension of the writ of habeas corpus.

(g) Whoever violates any provision or order or fails to perform any duty contained in or required by a proclamation issued and in effect pursuant to this section is guilty of a misdemeanor of the second degree.

(a) No person shall make, continue or cause to be made within the City any unreasonably loud, disturbing and unnecessary noise, or noises of such character, intensity and duration as to be detrimental to the life and health of any individual.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section but such enumeration shall not be deemed to be exclusive, namely:

(1) The sounding of any horn, bell or other signal or warning device on any automobile, motorcycle, bus or other vehicle, except as a danger or warning signal, but any such sounding of a horn, bell or other signal or warning device as a danger or warning signal shall not be unreasonably loud or harsh or continued for an unnecessary length of time.

(2) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.

(3) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine.

(4) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.

(5) The use of any drum, loudspeaker or other instrument or device to create noise for the purpose of attracting attention to any performance, show or sale or display of merchandise, except where a specific permit therefor is granted by the Director of Public Safety.

(6) The making of any construction noises anywhere within the City between the hours of 9:00 p.m. and 7:00 a.m. This subsection shall not apply to noise created by emergency repairs authorized in writing by the Director of Public Safety.

(7) The use of any motorized mechanical device to cut, edge or otherwise perform landscaping, gardening or similar functions, unless the noise created thereby is effectively muffled and reduced, between the hours of 9:00 p.m. and 8:00 a.m. of the following day.

(8) Except in districts zoned for commercial use, or for good cause shown, the use of any plow, snowblower or other machine, mechanism, apparatus, tool, or motorized mechanical device used for the removal, moving, displacement or redistribution of snow, unless the noise created thereby is effectively muffled and reduced, between the hours of 10:00 p.m. and 5:00 a.m. of the following day. This subsection shall not apply to the noise created by the legal actions of the Service Department or other duly authorized agents, servants, officials or employees of the City.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree.

(EDITOR'S NOTE: Section 509.10 was repealed by Ordinance 87 1, passed January 6, 1987.)

(EDITOR'S NOTE: Section 509.11 was repealed by Ordinance 87 1, passed January 6, 1987.)

Except as otherwise provided in Section 953.01 of the Streets, Utilities and Public Services Code:

(a) No child under the age of twelve years shall be upon any street, sidewalk, park, beach, public or private school ground, public or private playground, public or private parking lot, church ground or recreational area between the hours of 9:30 p.m. and 5:00 a.m. of the following morning unless accompanied by his parent, guardian or some responsible person over the age of twenty-one years or by a member of such child's family eighteen years of age or older.

(b) No child between the ages of twelve and fourteen years, inclusive, shall be upon any street, sidewalk, park, beach, public or private school ground, public or private playground, public or private parking lot, church ground or recreational area between the hours of 11:00 p. m. and 5:00 a. m. of the following morning unless accompanied by his parent, guardian or some responsible person over the age of twenty one years or by a member of such child's family eighteen years of age or older.

(c) No child between the ages of fifteen years and seventeen years, both inclusive, shall be upon any street, sidewalk, park, beach, public or private school ground, public or private playground, public or private parking lot, church ground or recreational area between the hours of 12:00 midnight and 5:00 a. m. unless accompanied by a parent, guardian or some responsible person over the age of twenty-one years, or by a member of such child's family eighteen years of age or older.

(d) No parent or guardian shall allow any child during the hours applicable to such child as set forth in subsections (a) through (c) hereof to be upon any street, sidewalk, park, beach, public or private school ground, public or private playground, public or private parking lot, church ground or recreational area. (Ord. 71 40. Passed 10 18 71.)

(e) Any school, church, lodge or other organization, or any parent or guardian desiring to hold any meeting, entertainment or similar function which it is anticipated will be attended by persons under the age of eighteen years and which will require such persons to be upon any location specified in subsections (a) through (c) hereof at such times as are prohibited by such sections shall register in advance with the Chief of Police or an officer designated by him. Such registration shall state the approximate time that the meeting, entertainment or other function will end and the anticipated number of persons under eighteen years who are expected to attend. No person under eighteen years attending a function so registered shall be required to comply with subsections (a) through (c) hereof until one half hour after such meeting, entertainment or similar function has ended. Any such school, church, lodge or other organization or parent or guardian which has registered with the Chief of Police pursuant to this section shall notify such Chief of Police or officer designated by him of the time that such function ended.

(f) It shall be a defense to any prosecution under subsections (a) through (d) hereof that the child's presence was necessitated by an emergency, or was necessitated by a legitimate and lawful business endeavor in which the child was engaged at the time of the offense, or that the child had attended a meeting, entertainment or similar function which was registered pursuant to subsection (e) hereof and that such function had ended less than one half hour prior to the time such child was in a location at a time prohibited by subsections (a) through (c) hereof.

(g) Any child found in violation of this section shall be taken to the Police Division and his parent or guardian shall be notified to come to the Police Division and take personal charge of the child. Such child shall be released only to his parent or guardian or to the juvenile authorities.

(h) Whoever violates this section shall be fined not more than twenty five dollars ($25.00) nor less than five dollars ($5.00) for the first offense and shall be guilty of a minor misdemeanor for each subsequent offense.

(a) No person shall play any radio, music player such as a "boom box," cassette player, disc player, television, audio system, musical instrument, or other type of sound device, upon any public road, street, highway or private property in the City in a manner or at a volume as to disturb the quiet, comfort or repose of other persons. An exception is made for organized events which have received a valid permit from the City.

(b) No person shall play any radio, music player such as a "boom box," cassette player, disc player, television, audio system, musical instrument, or other type of sound device, in a manner or at a volume as to disturb the quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the room in which such device or instrument is played and who are voluntary listeners thereto.

(c) Upon conviction for a violation of this section, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.

509.14 CHILDREN OF COMPULSORY SCHOOL AGE TO BE IN ATTENDANCE AT SCHOOL; PARENTAL DUTY IMPOSED.

(a) No child between the ages of six and seventeen, inclusive, other than a child that has been suspended or expelled from school, shall be at any place within the City except in attendance at school during regularly scheduled class time during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian to supervise the child.

(b) Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary to subsection (a) hereof. No person shall negligently fail to fulfill the duty imposed by this section.

(c) It shall be an affirmative defense to a prosecution under subsections (a) and (b) hereof that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.

(d) It shall be an affirmative defense to a prosecution under subsection (b) hereof that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating subsection (a) hereof.

(e) A police officer or school attendance officer may transport any child found violating subsection (a) hereof to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors and subject to the need to respond to emergency or priority calls.

(f) Any child who violates subsection (a) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.

(g) Any person who violates subsection (b) hereof is guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree.

509.15 CHILDREN SUSPENDED OR EXPELLED FROM SCHOOL TO REMAIN UNDER SUPERVISION; PARENTAL DUTIES IMPOSED.

(a) If a child is suspended or expelled from school, each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion:

(1) To personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and

(2) To prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:

A. When the child is accompanied by his or her parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child;

B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling directly to or from the job site;

D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.

No person shall negligently fail to fulfill the duties imposed by this subsection.

(b) No child who has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to paragraph (a)(1) hereof.

(c) No child who has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance had he or she not been suspended or expelled, except in the circumstances described in paragraphs (a)(2)A., C. or D. hereof.

(d) As used in this section, "public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.

(e) A police officer or school attendance officer may transport any child found violating subsection (a) hereof to the child's residence and may release the child into the care of a parent or legal guardian, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors and subject to the need to respond to emergency or priority calls.

(f) Any child who violates subsection (b) or (c) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.

(g) Any person who violates subsection (a) hereof is guilty of negligently failing to supervise a suspended or expelled child, a misdemeanor of the fourth degree.

(a) No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence when either of the following apply:

(1) The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed.

(2) The conduct proximately results in the commission of any offense of violence.

(b) Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony to be prosecuted under appropriate State law.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See section histories for similar State law

Federal prosecution bar to local prosecution - see Ohio R.C. 2925.70, 3719.19

Analysis report and notarized statement as evidence - see Ohio R.C. 2925.51

Criteria for granting probation - see Ohio R.C. 3719.70(B)

Drug Law Enforcement Fund - see ADM. 133.25

Drug testing policy - see ADM. 155.13

Adulterating food with drug of abuse - see GEN. OFF. 537.13

Using weapons while under the influence - see GEN. OFF. 549.03

Items designed or marketed for use with marihuana or other controlled

substances - see BUS. REG. Ch. 765

513.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "Administer." The direct application of a drug, whether by injection, inhalation, ingestion, or any other means to a person or an animal.

(b) "Adulterate." To cause a drug to be adulterated as described in Ohio R.C. 3715.63.

2001 Replacement

(1) For any compound, mixture, preparation, or substance included in Schedule I, Schedule II or Schedule III, with the exception of marihuana, cocaine, L.S.D., heroin, and hashish and except as provided in division (2) or (5) of this definition, whichever of the following is applicable:

A. An amount equal to or exceeding 10 grams or 25 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule I opiate or opium derivative;

B. An amount equal to or exceeding 10 grams of a compound, mixture, preparation, or substance that is or contains any amount of raw or gum opium;

C. An amount equal to or exceeding 30 grams or 10 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a Schedule I stimulant or depressant;

D. An amount equal to or exceeding 20 grams or 5 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule II opiate or opium derivative;

E. An amount equal to or exceeding 5 grams or 10 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of phencyclidine;

F. An amount equal to or exceeding 120 grams or 30 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule II stimulant that is in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq., as amended) and the Federal drug abuse control laws, as defined in this section, that is or contains any amount of a Schedule II depressant substance or a Schedule II hallucinogenic substance;

G. An amount equal to or exceeding 3 grams of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq., as amended) and the Federal drug abuse control laws;

(2) An amount equal to or exceeding 120 grams or 30 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule III or IV substance other than an anabolic steroid or a Schedule III opiate or opium derivative;

(3) An amount equal to or exceeding 20 grams or 5 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule III opiate or opium derivative;

(4) An amount equal to or exceeding 250 milliliters or 250 grams of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule V substance.

(5) An amount equal to or exceeding 200 solid dosage units, 16 grams, or 16 milliliters of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule III anabolic steroid.

(d) "Certified grievance committee." A duly constituted and organized committee of the Ohio State Bar Association or of one or more local bar associations of the State that complies with the criteria set forth in Rule V, Section 6 of the Rules for the Government of the Bar of Ohio.

(1) A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or derivative, or the base form of cocaine.

(2) Coca leaves or a salt, compound, derivative, or preparation of coca leaves, including ecgonine, a salt, isomer, or derivative of ecgonine, or a salt of an isomer or derivative of ecgonine.

(3) A salt, compound, derivative, or preparation of a substance identified in division (1) or (2) of this definition that is chemically equivalent to or identical with any of those substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves if the extractions do not contain cocaine or ecgonine.

(f) "Committed in the vicinity of a juvenile." An offense is "committed in the vicinity of a juvenile" if the offender commits the offense within 100 feet of a juvenile or within the view of a juvenile, regardless of whether the offender knows the age of the juvenile, whether the offender knows the offense is being committed within 100 feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.

(g) "Committed in the vicinity of a school." An offense is "committed in the vicinity of a school" if the offender commits the offense on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises.

(h) "Controlled substance." A drug, compound, mixture, preparation, or substance included in Schedule I, II, III, IV, or V of Ohio R.C. 3719.41.

(1) Any drug that bears, or whose container or label bears, a trademark, trade name, or other identifying mark used without authorization of the owner of rights to the trademark, trade name, or identifying mark.

(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed, or distributed by a person other than the person that manufactured, processed, packed, or distributed it.

(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance.

(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, and color, or its markings, labeling, packaging, distribution, or the price for which it is sold or offered for sale.

(j) "Crack cocaine." A compound, mixture, preparation, or substance that is or contains any amount of cocaine that is analytically identified as the base form of cocaine or that is in a form that resembles rocks or pebbles generally intended for individual use.

A. Under the Federal Food, Drug, and Cosmetic Act, is required to bear a label containing the legend "Caution: Federal law prohibits dispensing without a prescription" or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian" or any similar restrictive statement, or may be dispensed only upon a prescription.

B. Under Ohio R.C. Chapter 3715 or 3719, may be dispensed only upon a prescription.

(2) Any drug that contains a Schedule V controlled substance and that is exempt from Ohio R.C. Chapter 3719 or to which that chapter does not apply.

(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.

(m) "Disciplinary counsel." The disciplinary counsel appointed by the Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court under the Rules for the Government of the Bar of Ohio.

(o) "Distribute." Means to deal in, ship, transport or deliver, but does not include administering or dispensing a drug.

(1) Any article recognized in the official United States pharmacopeia, national formulary, or any supplement intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals.

(2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals.

(3) Any article, other than food, intended to affect the structure or any function of the body of humans or other animals.

(4) Any article intended for use as a component of any article specified in division (1), (2), or (3) above; but does not include devices or their components, parts, or accessories.

(1) A violation of Ohio R.C. 2913.02(A) that constitutes theft of drugs, or any violation of Ohio R.C. 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37.

(2) A violation of an existing or former law of any municipality, state, or of the United States, that is substantially equivalent to any section listed in division (1) of this definition.

(3) An offense under an existing or former law of any municipality, state, or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element.

(4) A conspiracy to commit, attempt to commit, or complicity in committing or attempting to commit, any offense under division (1), (2), or (3) of this definition.

(r) "Drug dependent person." Any person who, by reason of the use of any drug of abuse, is physically and/or psychologically dependent upon the use of such drug to the detriment of the person's health or welfare.

(s) "Drug of abuse." Any controlled substance, any harmful intoxicant, and any dangerous drug, as defined in this section.

(t) "Federal drug abuse control laws." The "Comprehensive Drug Abuse Prevention and Control Act of 1970," 21 U.S.C. 801 et seq., as amended.

(u) "Felony drug abuse offense." Any drug abuse offense that would constitute a felony under the laws of this State, any other state, or the United States.

(v) "Harmful intoxicant." Does not include beer or intoxicating liquor, but means any of the following:

(1) Any compound, mixture, preparation, or substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and includes but is not limited to any of the following:

A. Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, or other preparation containing a volatile organic solvent.

(w) "Hashish." The resin or a preparation of the resin contained in marihuana, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.

(x) "Hypodermic." A hypodermic syringe or needle, or other instrument or device for the injection of medication.

(z) "Laboratory." A laboratory approved by the State Board of Pharmacy as proper to be entrusted with the custody of controlled substances and the use of controlled substances for scientific and clinical purposes and for purposes of instruction.

(aa) "Licensed health professional authorized to prescribe drugs" or "prescriber." An individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual's professional practice, including only the following:

(2) Until January 17, 2004, an advanced practice nurse approved under Ohio R.C. 4723.56 to prescribe drugs and therapeutic devices.

(3) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under Ohio R.C. 4723.48.

(4) An optometrist licensed under Ohio R.C. Chapter 4725 to practice optometry under a therapeutic pharmaceutical agents certificate.

(5) A physician authorized under Ohio R.C. Chapter 4731 to practice medicine and surgery, osteopathic medicine and surgery, or podiatry.

(ee) "Manufacture." To plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same, and includes packaging, repackaging, labeling, and other activities incident to production.

(ff) "Manufacturer." A person who manufactures a controlled substance, as "manufacture" is defined by this section.

(gg) "Marihuana." All parts of a plant of the genus cannabis, whether growing or not, the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. "Marihuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination. "Marihuana" does not include "hashish."

(1) A violation of Ohio R.C. 2925.11 as it existed prior to July 1, 1996, or a substantially similar municipal ordinance.

(2) A violation of Ohio R.C. 2925.11 as it exists on and after July 1, 1996, or a substantially similar municipal ordinance, that is a misdemeanor or a felony of the fifth degree.

(ii) "Official written order." An order written on a form provided for that purpose by the Director of the United States Drug Enforcement Administration, under any laws of the United States making provision for the order, if the order forms are authorized and required by Federal law.

(jj) "Person." Means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.

(kk) "Pharmacist." A person licensed under Ohio R.C. Chapter 4729 to engage in the practice of pharmacy.

(ll) "Pharmacy." Except when used in a context that refers to the practice of pharmacy, means any area, room, rooms, place of business, department, or portion of any of the foregoing, where the practice of pharmacy is conducted.

(mm) "Possess" or "possession." Having control over a thing or substance but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

(nn) "Prescription." A written, electronic or oral order for drugs or combination or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs.

(oo) "Presumption for a prison term" or "presumption that a prison term shall be imposed." A presumption as described in Ohio R.C. 2929.13(D) that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under Ohio R.C. 2929.11.

(pp) "Professional license." Any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate, or temporary registration that is described in Ohio R.C. 2925.01(W)(1) to (35) and that qualifies a person as a professionally licensed person.

(qq) "Professionally licensed person." Any of the persons listed in Ohio R.C. 2925.01(W)(1) to (35).

(rr) "Public premises." Any hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort.

(ss) "Sale." Includes delivery, barter, exchange, transfer, or gift, or offer thereof, and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant or employee.

(tt) "Sample drug." A drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.

(uu) "Schedule I, II, III, IV or V." Controlled substance Schedules I, II, III, IV, and V established pursuant to Ohio R.C. 3719.41, as amended pursuant to Ohio R.C. 3719.43 or 3719.44.

(vv) "School." Any school operated by a board of education or any school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a criminal offense is committed.

(ww) "School building." Any building in which any of the instruction, extracurricular activities, or training provided by a school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted in the school building at the time a criminal offense is committed.

(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed.

(2) Any other parcel of real property that is owned or leased by a board of education of a school or the governing body of a school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07 and on which some of the instruction, extracurricular activities, or training of the school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed.

(yy) "Standard Pharmaceutical Reference Manual." The current edition, with cumulative changes if any, of any of the following reference works:

(2) The United States Pharmacopeia, prepared by the authority of the United States Pharmacopeia Convention, Inc.

(zz) "Unit dose." An amount or unit or a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.

(aaa) "Wholesaler." A person who, on official written orders other than prescriptions, supplies controlled substances that the person has not manufactured, produced or prepared personally and includes "wholesale distributor of dangerous drugs," which means a person engaged in the sale of dangerous drugs at wholesale and includes any agent or employee of that person authorized by that person to engage in the sale of dangerous drugs at wholesale.

(bbb) Words, terms and phrases and their derivatives used in this chapter which are not defined in this section shall have the meanings given to them in the Ohio Revised Code.

(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knows or has reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person.

(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4731, and 4741.

(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration.

(3) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the "Federal Food, Drug and Cosmetic Act" (21 U.S.C. 301 et seq., as amended), and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that Act.

(1) Except as otherwise provided in divisions (c)(2) and (c)(3) of this section, trafficking in controlled substances is a felony to be prosecuted under appropriate State law.

(2) Except as otherwise provided in division (c)(3) of this section, if the offense involves a gift of 20 grams or less of marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, trafficking in marihuana is a minor misdemeanor upon a first offense and a misdemeanor of the third degree upon a subsequent offense.

(3) If the offense involves a gift of 20 grams or less of marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a misdemeanor of the third degree.

(d) In addition to any prison term authorized or required by division (c) of this section and Ohio R.C. 2929.13 and 2929.14, and in addition to any other sanction imposed for the offense under this section or Ohio R.C. 2929.11 through 2929.18, the court that sentences a person who is convicted of or pleads guilty to a violation of division (a) of this section shall do all of the following that are applicable regarding the offender:

(1) The court shall suspend for not less than six months nor more than five years the driver's or commercial driver's license or permit of any person who is convicted of or has pleaded guilty to a violation of this section.

(2) If the offender is a professionally licensed person or a person who has been admitted to the Bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other sanction imposed for a violation of this section, the court shall comply with Ohio R.C. 2925.38.

(e) (1) Notwithstanding any contrary provision of Ohio R.C. 3719.21 and except as provided in Ohio R.C. 2925.03(H), the Clerk of the Court shall pay any mandatory fine imposed pursuant to this section and any fine other than a mandatory fine that is imposed for a violation of this section pursuant to Ohio R.C. 2929.18(A) or (B)(5) to the County, Township, Municipality, park district, as created pursuant to Ohio R.C. 511.18 or 1545.04, or state law enforcement agencies in this State that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender. However, the Clerk shall not pay a mandatory fine so imposed to a law enforcement agency unless the agency has adopted a written internal control policy under division (e)(2) of this section that addresses the use of the fine moneys that it receives. Each agency shall use the mandatory fines so paid to subsidize the agency's law enforcement efforts that pertain to drug offenses, in accordance with the written internal control policy adopted by the recipient agency under division (e)(2) of this section.

(2) A. Prior to receiving any fine moneys under division (e)(1) of this section or Ohio R.C. 2925.42(B)(5), a law enforcement agency shall adopt a written internal control policy that addresses the agency's use and disposition of all fine moneys so received and that provides for the keeping of detailed financial records of the receipts of those fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure. The policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation. All financial records of the receipts of those fine moneys, the general type of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure by an agency are public records open for inspection under Ohio R.C. 149.43. Additionally, a written internal control policy adopted under this division is such a public record, and the agency that adopted it shall comply with it.

B. Each law enforcement agency that receives in any calendar year any fine moneys under division (e)(1) of this section or Ohio R.C. 2925.42(B)(5) shall prepare a report covering the calendar year that cumulates all of the information contained in all of the public financial records kept by the agency pursuant to division (e)(2)A. of this section for that calendar year, and shall send a copy of the cumulative report, no later than the first day of March in the calendar year following the calendar year covered by the report, to the Attorney General. Each report received by the Attorney General is a public record open for inspection under Ohio R.C. 149.43.

A. "Law enforcement agencies" includes, but is not limited to, the State Board of Pharmacy and the office of a prosecutor.

(b) This section does not apply to any person listed in Ohio R.C. 2925.03(B)(1), (2) or (3), or a substantially similar municipal ordinance, to the extent and under the circumstances described in that division.

(1) Except as otherwise provided in the following divisions, illegal cultivation of marihuana is a minor misdemeanor.

(2) If the amount of marihuana involved equals or exceeds 100 grams but is less than 200 grams, illegal cultivation of marihuana is a misdemeanor of the fourth degree.

(3) If the amount of marihuana involved equals or exceeds 200 grams, illegal cultivation of marihuana is a felony to be prosecuted under appropriate State law.

(1) The court shall revoke or suspend the offender's driver's or commercial driver's license or permit in accordance with Ohio R.C. 2925.03(G). If an offender's driver's or commercial driver's license or permit is revoked in accordance with that division, the offender may request termination of, and the court may terminate, the revocation in accordance with that division.

(e) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person's appearance as a witness.

(3) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the Federal Food, Drug, and Cosmetic Act, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that Act.

(4) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.

(1) If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule I or II of Ohio R.C. 3719.41, with the exception of marihuana, or is cocaine, L.S.D., heroin, or a compound, mixture or preparation containing such drug, drug abuse is a felony to be prosecuted under appropriate State law.

(2) If the drug involved is a compound, mixture, preparation, or substance included in Schedule III, IV, or V of Ohio R.C. 3719.41, whoever violates division (a) of this section is guilty of possession of drugs. The penalty for the offense shall be determined as follows:

A. Except as otherwise provided in the following division, possession of drugs is a misdemeanor of the third degree or, if the offender previously has been convicted of a drug abuse offense, it is a misdemeanor of the second degree. If the drug involved in the violation is an anabolic steroid included in Schedule III and if the offense is a misdemeanor of the third degree under this division, in lieu of sentencing the offender to a term of imprisonment in a detention facility, the court may place the offender on conditional probation pursuant to Ohio R.C. 2951.02(F).

B. If the amount of the drug involved equals or exceeds the bulk amount, possession of drugs is a felony to be prosecuted under appropriate State law.

(3) If the drug involved in the violation is marihuana or a compound, mixture, preparation or substance containing marihuana other than hashish, whoever violates division (a) of this section is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:

A. Except as otherwise provided in the following divisions, possession of marihuana is a minor misdemeanor.

B. If the amount of the drug involved equals or exceeds 100 grams but is less than 200 grams, possession of marihuana is a misdemeanor of the fourth degree.

C. If the amount of the drug involved equals or exceeds 200 grams, possession of marihuana is a felony to be prosecuted under appropriate State law.

(4) If the drug involved in the violation is hashish or a compound, mixture, preparation or substance containing hashish, whoever violates division (a) of this section is guilty of possession of hashish. The penalty for the offense shall be determined as follows:

A. Except as otherwise provided in the following divisions, possession of hashish is a minor misdemeanor.

B. If the amount of the drug involved equals or exceeds five grams but is less than ten grams of hashish in a solid form or equals or exceeds one gram but is less than two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree.

C. If the amount of the drug involved equals or exceeds ten grams of hashish in a solid form or equals or exceeds two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony to be prosecuted under appropriate State law.

(d) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person's appearance as a witness.

(e) In addition to any prison term authorized or required by division (c) of this section and Ohio R.C. 2929.13 and 2929.14 and in addition to any other sanction that is imposed for the offense under this section or Ohio R.C. 2929.11 through 2929.18, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (a) of this section shall do the following if applicable regarding the offender:

(1) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the Clerk of Court shall pay a fine imposed for a violation of this section pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the requirements of Ohio R.C. 2925.03(F). The agency that receives the fine shall use the fine as specified in Ohio R.C. 2925.03(F).

(2) The court shall suspend for not less than six months nor more than five years the driver's or commercial driver's license or permit of any person who is convicted of or has pleaded guilty to a violation of this section.

(3) If the offender is a professionally licensed person or a person who has been admitted to the Bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other sanction imposed for a violation of this section, the court shall comply with Ohio R.C. 2925.38.

(a) No person shall knowingly make, obtain, possess, or use any instrument, article, or thing the customary and primary purpose of which is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.

(b) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4731, and 4741.

(c) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, violation of this section is a misdemeanor of the first degree.

(d) In addition to any other sanction imposed for a violation of this section, the court shall suspend for not less than six months nor more than five years the driver's or commercial driver's license or permit of any person who is convicted of or has pleaded guilty to a violation of this section. If the offender is a professionally licensed person or a person who has been admitted to the Bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other sanction imposed for a violation of this section, the court forthwith shall comply with Ohio R.C. 2925.38.

(a) No person who is the owner, operator, or person in charge of a locomotive, watercraft, aircraft, or other vehicle, as defined in Ohio R.C. 4501.01, shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.

(b) No person, who is the owner, lessee, or occupant, or who has custody, control, or supervision of premises, or real estate, including vacant land, shall knowingly permit his or her premises, or real estate, including vacant land, to be used for the commission of a felony drug abuse offense by another person.

(1) Except as provided in division (c)(2) of this section, permitting drug abuse is a misdemeanor of the first degree.

(2) Permitting drug abuse is a felony, and punishable under appropriate State law, if the felony drug abuse offense in question is a violation of Ohio R.C. 2925.02 or 2925.03.

(1) The court shall suspend for not less than six months nor more than five years the driver's or commercial driver's license or permit of the offender.

(e) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the Clerk of Court shall pay a fine imposed for a violation of this section pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the requirements of Ohio R.C. 2925.03(F). The agency that receives the fine shall use the fine as specified in Ohio R.C. 2925.03(F).

(f) Any premises or real estate that is permitted to be used in violation of division (b) of this section constitutes a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.

(EDITOR'S NOTE: Section 513.06 was repealed as part of the 1992 updating and revision of these Codified Ordinances because a violation of substantially identical State law (Ohio R.C. 2925.22) was made a felony by the Ohio General Assembly by Am. Sub. H.B. No. 615, effective March 27, 1991.)

(a) Except for lawful research, clinical, medical, dental, or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess, or use a harmful intoxicant.

(b) Whoever violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree. If the offender previously has been convicted of a drug abuse offense, abusing harmful intoxicants is a felony to be prosecuted under appropriate State law.

(c) In addition to any other sanction imposed for a violation of this section, the court shall suspend for not less than six months nor more than five years the driver's or commercial driver's license or permit of any person who is convicted of or has pleaded guilty to a violation of this section. If the offender is a professionally licensed person or a person who has been admitted to the Bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other sanction imposed for a violation of this section, the court forthwith shall comply with Ohio R.C. 2925.38.

(a) No person who dispenses or distributes nitrous oxide in cartridges shall fail to comply with either of the following:

(1) The record-keeping requirements established under division (c) of this section.

(2) The labeling and transaction identification requirements established under division (d) of this section.

(b) Whoever violates division (a)(1) or (a)(2) of this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the fourth degree.

(c) Beginning July 1, 2001, a person who dispenses or distributes nitrous oxide shall record each transaction involving the dispensing or distribution of the nitrous oxide on a separate card. The person shall require the purchaser to sign the card and provide a complete residence address. The person dispensing or distributing the nitrous oxide shall sign and date the card. The person shall retain the card recording a transaction for one year from the date of the transaction. The person shall maintain the cards at the person's business address and make them available during normal business hours for inspection and copying by officers or employees of the State Board of Pharmacy or of other law enforcement agencies that are authorized to investigate violations of this code, Ohio R.C. Chapters 2925, 3719, or 4729, or Federal drug abuse control laws. The cards used to record each transaction shall inform the purchaser of the following:

(1) That nitrous oxide cartridges are to be used only for purposes of preparing food;

(3) That it is a violation of State law to distribute or dispense cartridges of nitrous oxide to any person under age 21, punishable as a felony of the fifth degree.

(d) (1) Each cartridge of nitrous oxide dispensed or distributed in this Municipality shall bear the following printed warning: "Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under age 21. Do not inhale contents. Misuse can be dangerous to your health."

(2) Each time a person dispenses or distributes one or more cartridges of nitrous oxide, the person shall mark the packaging containing the cartridges with a label or other device that identifies the person who dispensed or distributed the nitrous oxide and the person's business address.

(a) As used in this section, "motor vehicle," "street," and "highway" have the same meaning as in Ohio R.C. 4511.01.

(b) Unless authorized by these Codified Ordinances or by State law, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:

(1) While operating or being a passenger in or on a motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.

(2) While being in or on a stationary motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.

(c) Whoever violates this section is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree.

(b) Division (a) of this section does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, licensed health professionals authorized to prescribe drugs, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4725, 4729, 4731, and 4741.

(2) If the drug involved in the offense is a compound, mixture, preparation, or substance included in Schedule I or II of Ohio R.C. 3719.41 with the exception of marihuana, illegal dispensing of drug samples is a felony to be prosecuted under appropriate State law.

(3) If the drug involved in the offense is a dangerous drug or a compound, mixture, preparation, or substance included in Schedule III, IV or V of Ohio R.C. 3719.41, or is marihuana, the penalty for the offense shall be determined as follows:

A. Except as otherwise provided in the following division, illegal dispensing of drug samples is a misdemeanor of the second degree.

B. If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal dispensing of drug samples is a misdemeanor of the first degree.

(d) In addition to any prison term authorized or required by division (c) of this section and Ohio R.C. 2929.13 and 2929.14, and in addition to any other sanction imposed for the offense under this section or Ohio R.C. 2929.11 through 2929.18, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (a) of this section shall do both of the following:

(a) Whenever a manufacturer sells a controlled substance, and whenever a wholesaler sells a controlled substance in a package the wholesaler has prepared, the manufacturer or wholesaler shall securely affix to each package in which the controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind and form of controlled substance contained therein. No person, except a pharmacist for the purpose of dispensing a controlled substance upon a prescription, shall alter, deface or remove any label so affixed.

(b) No person shall alter, deface or remove any label affixed pursuant to Ohio R.C. 3719.08 as long as any of the original contents remain.

(c) Whoever violates this section is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, or Ohio R.C. 3719.07 or 3719.08, or a drug abuse offense, a violation of this section is a felony to be prosecuted under appropriate State law. If the violation involves the sale, offer to sell, or possession of a Schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, then Ohio R.C. 3719.99(D) applies.

(1) A manufacturer or distributor of, or dealer in hypodermics, or medication packaged in hypodermics, and any authorized agent of employee of that manufacturer, distributor or dealer, in the regular course of business;

(2) A terminal distributor of dangerous drugs, in the regular course of business;

(3) A person authorized to administer injections, in the regular course of the person's profession or employment;

(4) A person, when the hypodermic in his possession was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs;

(5) A person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;

(7) A person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.

(b) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (a) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person's possession from theft or acquisition by any unauthorized person.

(EDITOR'S NOTE: Section 513.11 was repealed as part of the 1998 updating and revision of these Codified Ordinances because a violation of substantially identical State law (Ohio R.C. 2925.32) was made a felony by the Ohio General Assembly by H.B. 162, effective January 1, 1997.)

(EDITOR'S NOTE: Section 513.12 was repealed as part of the 1989 updating and revision of these Codified Ordinances because substantially identical State law (Ohio R.C. 2925.14) was repealed by the Ohio General Assembly by Am. Sub. H.B. No. 182, effective November 2, 1989. See Chapter 515.)

(b) Whoever violates division (a) of this section shall be guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.

(c) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the Clerk of Court shall pay a fine imposed for a violation of this section pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the requirements of Ohio R.C. 2925.03(F). The agency that receives the fine shall use the fine as specified in Ohio R.C. 2925.03(F).

Trafficking, other felony counterfeit controlled substance offenses, see Ohio R.C.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

Possessing drug abuse instruments see GEN. OFF. 513. 04

Sale to minors see GEN. OFF. 513.12

Licensing see BUS. REG. Ch. 765

515.01 DEFINITIONS.

As used in this chapter:

(a) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance. It includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(5) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;

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(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes or other containers used, intended for use or designed for use in packaging small quantities of controlled substances;

(10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;

(11) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; and

(12) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:

A. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

E. Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

(b) In determining whether an object is "drug paraphernalia", a court or other authority should consider, in addition to all other logically relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) Prior convictions, if any, of an owner; or of anyone in control of the object under any city, state or Federal law relating to any controlled substance;

(3) The proximity of the object, in time and space, to a direct violation of this chapter;

(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as "drug paraphernalia";

(8) Descriptive materials accompanying the object which explain or depict its use;

(11) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(12) The existence and scope of legitimate uses for the object in the community; and

(14) Controlled substance means a drug, compound, mixture, preparation or substance included in controlled substance schedules I, II, III, IV or V established pursuant to Ohio R.C. 3719.41 and any amendment thereto.

(15) Words, terms and phrases not defined herein, but which words, terms and phrases are defined either directly or by reference in Ohio R.C. Chapter 3719 shall have the same meaning as provided in Ohio R.C. Chapter 3719. (Ord. 83 66. Passed 10 18 83.)

(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.

(b) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.

(c) It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(d) Any person eighteen years of age or over who violates subsection (b) hereof, by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a special offense.

(e) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4731 and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.

(f) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.

(g) If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 501.99.

CROSS REFERENCES

See section histories for similar State law

Lotteries prohibited; exception - see Ohio Const., Art. XV, Sec. 6

Contributing to delinquency of minors - see Ohio R.C. 2151.41

Licensing charitable bingo games - see Ohio R.C. 2915.08

Search warrants - see Ohio R.C. 2933.21(E)

Rental of Community Building for Monte Carlo casino nights or bingo

events - see S.U. & P.S. 955.13

517.01 DEFINITIONS.

(a) "Amateur athletic organization." Any organization, not organized for profit, that is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are training for amateur athletic competition that is sanctioned by a national governing body as defined in the Amateur Sports Act of 1978, 90 Stat. 3045, 36 U.S.C. 373.

(b) "Bet." The hazarding of anything of value upon the result of an event, undertaking, or contingency, but does not include a bona fide business risk.

(1) A game with all of the following characteristics:

A. The participants use bingo cards that are divided into 25 spaces arranged in 5 horizontal and 5 vertical rows of spaces, with each space, except the central space, being designated by a combination of a letter and a number and with the central space being designated as a free space;

B. The participants cover the spaces on the bingo cards that correspond to combinations of letters and numbers that are announced by a bingo game operator;

2001 Replacement

C. A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game operator selects by chance, either manually or mechanically, from a receptacle that contains 75 objects at the beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one of the 75 possible combinations of a letter and a number that can appear on the bingo cards;

D. The winner of the bingo game includes any participant who properly announces during the interval between the announcements of letters and numbers, as described in division (1)C. of this definition, that a predetermined and pre-announced pattern of spaces has been covered on a bingo card being used by the participant.

(2) Any scheme or game other than a game as defined in division (1) of this definition with the following characteristics:

A. The participants use cards, sheets, or other devices that are divided into spaces arranged in horizontal, vertical, or diagonal rows of spaces, with each space, except free spaces, being designated by a single letter, number, or symbol; by a combination of letters, numbers, or symbols; by a combination of a letter and a number, a letter and a symbol, or a number and a symbol; or by any combination of letters, numbers, and symbols, with some or none of the spaces being designated as a free, complimentary, or similar space;

B. The participants cover the spaces on the cards, sheets, or devices that correspond to letters, numbers, symbols, or combinations of such that are announced by a bingo game operator or otherwise transmitted to the participants;

C. A bingo game operator announces, or otherwise transmits to the participants, letters, numbers, symbols, or any combination of such as set forth in division (2)A. of this definition that appear on objects that a bingo game operator selects by chance that correspond to one of the possible letters, numbers, symbols, or combinations of such that can appear on the bingo cards, sheets, or devices;

D. The winner of the bingo game is any participant who properly announces that a predetermined and pre-announced pattern of spaces has been covered on a card, sheet, or device being used by the participant.

(d) "Bingo game operator." Any person, except security personnel, who performs work or labor at the site of a bingo game including but not limited to collecting money from participants, handing out bingo cards or objects to cover spaces on the bingo cards, selecting from a receptacle the objects that contain the combination of letters and numbers that appear on the bingo cards, calling out the combinations of letters and numbers, distributing prizes to the winner of the bingo game, and preparing, selling, and serving food or beverages.

(e) "Bingo session." A period, not to exceed five continuous hours, during which a person conducts one or more bingo games.

(g) "Charitable bingo game." Any bingo game that is conducted by a charitable organization that has obtained a bingo license pursuant to Ohio R.C. 2915.08 and the proceeds of which are used for a charitable purpose.

(h) "Charitable organization." Any tax exempt religious, educational, veteran's, fraternal, service, nonprofit medical, volunteer rescue service, volunteer firefighter's, senior citizen's, youth athletic, amateur athletic or youth athletic park organization. An organization is tax exempt if the organization has received from the Internal Revenue Service a determination letter that is currently in effect, stating that the organization is exempt from Federal income taxation under IRC 501(a) and described in IRC 501(c)(3), (c)(4), (c)(8), (c)(10) or (c)(19). To qualify as a charitable organization, an organization, except a volunteer rescue service or volunteer firefighter's organization, shall have been in continuous existence as such in this State for a period of two years immediately preceding either the making of an application for a bingo license under Ohio R.C. 2915.08 or the conducting of any scheme of chance or game of chance as provided in Ohio R.C. 2915.02 or a substantially similar municipal ordinance.

(i) "Conduct." To back, promote, organize, manage, carry on, or prepare for the operation of a scheme or game of chance but does not include any act performed by a bingo game operator.

(j) "Educational organization." Any organization within this State that is not organized for profit, the primary purpose of which is to educate and develop the capabilities of individuals through instruction, and that operates or contributes to the support of a school, academy, college, or university.

(k) "Fraternal organization." Any society, order, or association within this State, except a college or high school fraternity, that is not organized for profit, that is a branch, lodge, or chapter of a national or state organization, and that exists exclusively for the common business or association of its members, and that has been in continuous existence in this State for a period of five years.

(2) A ticket, token, or other device representing a chance, share, or interest in a scheme of chance, except a charitable bingo game, or evidencing a bet;

(3) A deck of cards, dice, gaming table, roulette wheel, slot machine, punch board, or other apparatus designed for use in connection with a game of chance;

(4) Any equipment, device, apparatus, or paraphernalia specially designed for gambling purposes.

(1) A violation of Ohio R.C. 2915.02, 2915.03, 2915.04, 2915.05, 2915.07, 2915.08, 2915.09, 2915.10, or 2915.11;

(2) A violation of an existing or former municipal ordinance or law of this or any other state or of the United States substantially equivalent to any section listed in division (1) of this definition or a violation of Ohio R.C. 2915.06 as it existed prior to July 1, 1996;

(3) An offense under an existing or former municipal ordinance or law of this or any other state or of the United States, of which gambling is an element;

(4) A conspiracy to commit, attempt to commit, or complicity in committing any offense under division (1), (2), or (3) of this definition.

(n) "Game of chance." Poker, craps, roulette, a slot machine, a punch board, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely or wholly by chance.

(o) "Gross receipts." All money or assets, including admission fees, that a person receives from a bingo session that the person conducts without the deduction of any amounts for prizes paid out during the session or for the expenses of conducting the bingo session. "Gross receipts" does not include any money directly taken in from the sale of food or beverages by a charitable organization conducting a bingo session, or by a bona fide auxiliary unit or society of a charitable organization, at a bingo session conducted by the charitable organization, provided all of the following apply:

(1) The auxiliary unit or society has been in existence as a bona fide auxiliary unit or society of the charitable organization for at least two years prior to the bingo session.

(2) The person who purchases the food or beverage receives nothing of value except the food or beverage and items customarily received with the purchase of that food or beverage.

(4) No person preparing, selling, or serving the food or beverages at the site of the bingo game receives directly or indirectly any form of compensation for the preparation, sale, or service of the food or beverages.

(p) "IRC or Internal Revenue Code." The Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1 et seq., as now or hereafter amended.

(q) "Nonprofit medical organization." Any organization that has been incorporated as a nonprofit corporation for at least five years and that has continuously operated and will be operated exclusively to provide or to contribute to the support of organizations or institutions organized and operated exclusively to provide hospital, medical, research, or therapeutic services for the public.

(r) "Participant." Any person who plays bingo by covering the spaces on a bingo card that correspond to combinations of letters and numbers that are announced by a bingo game operator.

(s) "Religious organization." Any church, body of communicants, or group that is not organized or operated for profit and that gathers in common membership for regular worship and religious observances.

(t) "Scheme of chance." A lottery, numbers game, pool, or other scheme in which a participant gives a valuable consideration for a chance to win a prize.

(u) "Scheme or game of chance conducted for profit." Any scheme or game of chance designed to produce income for the person who conducts or operates the scheme or game of chance, but does not include a charitable bingo game.

(v) "Security personnel." Any person who either is a sheriff, deputy sheriff, marshal, deputy marshal, township constable, or member of an organized police department of a municipal corporation or has successfully completed a peace officer's training course pursuant to Ohio R.C. 109.71 to 109.79 and who is hired to provide security for the premises on which a bingo game is conducted.

(w) "Senior citizen's organization." Any private organization, not organized for profit, that is organized and operated exclusively to provide recreational or social services for persons who are 55 years of age or older and that is described and qualified under IRC 501(c)(3).

(x) "Service organization." Any organization, not organized for profit, that is organized and operated exclusively to provide or to contribute to the support of organizations or institutions organized and operated exclusively to provide medical and therapeutic services for persons who are disabled, born with birth defects, or have any other mental or physical disabilities or those organized and operated exclusively to protect or to contribute to the support of organizations or institutions organized and operated exclusively to protect animals from inhumane treatment.

(y) "To use gross receipts for a charitable purpose." Means that the proceeds of the bingo game are used by, given, donated or otherwise transferred to any organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that is tax exempt under IRC 501(a) and described in IRC 501(c)(3); that the proceeds of the bingo game are used by, given, donated or otherwise transferred to a veteran's organization, as defined below in this section, that is a post, chapter, or organization of war veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post, chapter, or organization organized in the United States or any of its possessions, at least 75% of the members of which are war veterans and substantially all of the other members of which are individuals who are veterans (but not war veterans) or are cadets, or are spouses, widows or widowers of war veterans, or such individuals, provided that no part of the net earnings of such post or organization inures to the benefit of any private shareholder or individual, and further provided that the bingo game proceeds are used by the post or

organization for the charitable purposes set forth in Ohio R.C. 5739.02(B)(12), are used for awarding scholarships to or for attendance at an institution mentioned in that division of the revised code, are donated to a governmental agency, or are used for nonprofit youth activities, the purchase of United States or Ohio flags that are donated to schools, youth groups, or other bona fide nonprofit organizations, promotion of patriotism, or disaster relief; that the proceeds of the bingo game are used by, given, donated or otherwise transferred to a fraternal organization that has been in continuous existence in this State for 15 years for use exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals and contributions for such use would qualify as a deductible charitable contribution under IRC 170; or that the proceeds of the bingo game are used by a volunteer firefighter's organization and are used by the organization for the purposes set forth in the definition of "volunteer firefighter's organization" in this section.

(z) "Veteran's organization." Any individual post of a national veteran's association or an auxiliary unit of any individual post of a national veteran's association, which post or auxiliary unit has been incorporated as a nonprofit corporation for at least two years and has received a letter from the state headquarters of the National Veteran's Association indicating that the individual post or auxiliary unit is in good standing with the National Veteran's Association. As used in this division, "National Veteran's Association" means any veteran's association that has been in continuous existence as such for a period of at least ten years and either is incorporated by an act of the United States Congress or has a national dues-paying membership of at least 5,000 persons.

(aa) "Volunteer firefighter's organization." Any organization of volunteer firefighters, as defined in Ohio R.C. 146.01, that is organized and operated exclusively to provide financial support for a volunteer fire department or a volunteer fire company.

(bb) "Volunteer rescue service organization." Any organization of volunteers organized to function as an emergency medical service organization as defined in Ohio R.C. 4765.01.

(cc) "Youth athletic organization." Any organization, not organized for profit, that is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are 21 years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.

(dd) "Youth athletic park organization." Any nonprofit organization that satisfies both of the following:

(1) It owns, operates, and maintains playing fields that satisfy both of the following:

A. The playing fields are used at least 100 days per year for athletic activities by one or more organizations, not organized for profit, each of which is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are 18 years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.

B. The playing fields are not used for any profit-making activity at any time during the year.

(2) It uses the proceeds of the bingo games it conducts exclusively for the operation, maintenance, and improvement of its playing fields of the type described in division (1) of this definition.

(1) Engage in bookmaking, or knowingly engage in conduct that facilitates bookmaking.

(2) Establish, promote, or operate or knowingly engage in conduct that facilitates any scheme or game of chance conducted for profit.

(3) Knowingly procure, transmit, exchange, or engage in conduct that facilitates the procurement, transmission, or exchange of information for use in establishing odds or determining winners in connection with bookmaking or with any scheme or game of chance conducted for profit.

(4) Engage in betting or in playing any scheme or game of chance, except a charitable bingo game, as a substantial source of income or livelihood.

(5) With purpose to violate division (a)(1), (2), (3), or (4) of this section, acquire, possess, control, or operate any gambling device.

(b) For purposes of division (a)(1) of this section, a person facilitates bookmaking if he or she in any way knowingly aids an illegal bookmaking operation, including, without limitation, placing a bet with a person engaged in or facilitating illegal bookmaking. For purposes of division (a)(2) of this section, a person facilitates a scheme or game of chance conducted for profit if he or she in any way knowingly aids in the conduct or operation of any such scheme or game, including, without limitation, playing any such scheme or game.

(1) Schemes of chance conducted by a charitable organization that has received from the Internal Revenue Service a determination letter that is currently in effect, stating that the organization is exempt from Federal income taxation under IRC 501(a) and described in IRC 501(c)(3), provided that all of the money or assets received from the scheme of chance after deduction only of prizes paid out during the conduct of the scheme of chance are used by, given, donated or otherwise transferred to any organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that is tax exempt under IRC 501(a) and described in IRC 501(c)(3), and provided that the scheme of chance is not conducted during or within ten hours of a bingo game conducted for amusement purposes only pursuant to Ohio R.C. 2915.12 or a substantially similar municipal ordinance.

A. The games of chance are not craps for money, roulette for money, or slot machines.

B. The games of chance are conducted by a charitable organization that is and has received from the Internal Revenue Service a determination letter that is currently in effect, stating that the organization is exempt from Federal income taxation under IRC 501(a) and described in IRC 501(c)(3).

C. The games of chance are conducted at festivals of the organization that are conducted either for a period of four consecutive days or less and not more than twice a year, or for a period of five consecutive days not more than once a year, and are conducted on premises owned by the charitable organization for a period of no less than one year immediately preceding the conducting of the games of chance, on premises leased from a governmental unit, or on premises that are leased from a veteran's or fraternal organization and that have been owned by the lessor veteran's or fraternal organization for a period of no less than one year immediately preceding the conducting of the games of chance. A charitable organization shall not lease premises from a veteran's or fraternal organization to conduct a festival described in this subsection, if the veteran's or fraternal organization already has leased the premises four times during the preceding year to charitable organizations for that purpose. If a charitable organization leases premises from a veteran's or fraternal organization to conduct a festival described in this subsection, the charitable organization shall not pay a rental rate for the premises per day of the festival that exceeds the rental rate per bingo session that a charitable organization may pay under Ohio R.C. 2915.09(A)(3) or a substantially similar municipal ordinance when it leases premises from another charitable organization to conduct bingo games.

D. All of the money or assets received from the games of chance after deduction only of prizes paid out during the conduct of the games of chance are used by, given, donated or otherwise transferred to any organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that is tax exempt under IRC 501(a) and described in IRC 501(c)(3).

E. The games of chance are not conducted during or within ten hours of a bingo game conducted for amusement purposes only pursuant to Ohio R.C. 2915.12 or a substantially similar municipal ordinance. No person shall receive any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, for operating or assisting in the operation of any scheme or game of chance.

(3) Any tag fishing tournament, as defined in Ohio R.C. 1531.01, operated under a permit issued under Ohio R.C. 1533.92.

(e) Division (d) of this section shall not be construed to authorize the sale, lease, or other temporary or permanent transfer of the right to conduct schemes of chance or games of chance, as granted by division (d) of this section, by any charitable organization that is granted that right.

(f) Whoever violates this section is guilty of gambling, a misdemeanor of the first degree. If the offender previously has been convicted of any gambling offense, gambling is a felony to be prosecuted under appropriate State law.

(a) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall:

(1) Use or occupy the premises for gambling in violation of Ohio R.C. 2915.02 or a substantially similar municipal ordinance.

(2) Recklessly permit the premises to be used or occupied for gambling in violation of Ohio R.C. 2915.02 or a substantially similar municipal ordinance.

(b) Whoever violates division (a) of this section is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony to be prosecuted under appropriate State law.

(c) Premises used or occupied in violation of this section constitute a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.

(a) No person, while at a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall make a bet or play any game of chance.

(b) No person, being the owner or lessee, or having custody, control, or supervision of a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall recklessly permit the premises to be used or occupied in violation of division (a) of this section.

(d) Whoever violates this section is guilty of public gaming, a minor misdemeanor. If the offender previously has been convicted of any gambling offense, public gaming is a misdemeanor of the fourth degree.

(e) Premises used or occupied in violation of division (b) of this section constitute a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.

(a) No person, with purpose to defraud or knowing that he or she is facilitating a fraud, shall engage in conduct designed to corrupt the outcome of any of the following:

(2) A contest of knowledge, skill, or endurance that is not an athletic or sporting event.

(1) Offer, give, solicit, or accept anything of value to corrupt the outcome of an athletic or sporting event.

(2) Engage in conduct designed to corrupt the outcome of an athletic or sporting event.

(c) (1) Whoever violates division (a) of this section is guilty of cheating, a misdemeanor of the first degree. If the potential gain from the cheating is five hundred dollars ($500.00) or more or if the offender previously has been convicted of any gambling offense or of any theft offense as defined in Ohio R.C. 2913.01, cheating is a felony to be prosecuted under appropriate State law.

(2) Whoever violates division (b) of this section is guilty of corrupting sports. Corrupting sports is a felony to be prosecuted under appropriate State law.

(a) A charitable organization that conducts a bingo game shall do all of the following:

(1) Own all of the equipment used to conduct the bingo game or lease that equipment from a charitable organization that is licensed to conduct a bingo game for a rental rate that is not more than is customary and reasonable for that equipment.

(2) Conduct the bingo game on premises that are owned by the charitable organization, on premises that are owned by another charitable organization and leased from that charitable organization for a rental rate not in excess of four hundred fifty dollars ($450.00) per bingo session, on premises that are leased from a person other than a charitable organization for a rental rate that is not more than is customary and reasonable for premises that are similar in location, size, and quality, but not in excess of four hundred fifty dollars ($450.00) per bingo session, or on premises that are owned by a person other than a charitable organization, that are leased from that person by another charitable organization, and that are subleased from that other charitable organization by the charitable organization for a rental rate not in excess of four hundred fifty dollars ($450.00) per bingo session. If the charitable organization leases from a person other than a charitable organization the premises on which it conducts bingo games, the lessor of the premises shall provide only the premises to the organization and shall not provide the organization with bingo game operators, security personnel, concessions or concession operators, bingo equipment or any other type of service or equipment. A charitable organization shall not lease or sublease premises that it owns or leases to more than one other charitable organization per calendar week for the purpose of conducting bingo games on the premises. A person that is not a charitable organization shall not lease premises that it owns, leases, or otherwise is empowered to lease to more than one charitable organization per calendar week for conducting bingo games on the premises. In no case shall more than two bingo sessions be conducted on any premises in any calendar week.

(3) Display its bingo license conspicuously at the location where the bingo game is conducted.

(4) Conduct the bingo game in accordance with the definition of bingo set forth in Ohio R.C. 2915.01.

(b) A charitable organization that conducts a bingo game shall not do any of the following:

(1) Pay any compensation to a bingo game operator for operating a bingo game that is conducted by the charitable organization or for preparing, selling, or serving food or beverages at the site of the bingo game, permit any auxiliary unit or society of the charitable organization to pay compensation to any bingo game operator who prepares, sells, or serves food or beverages at a bingo session conducted by the charitable organization, or permit any auxiliary unit or society of the charitable organization to prepare, sell, or serve food or beverages at a bingo session conducted by the charitable organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell, or serve the food or beverages.

(2) Pay consulting fees to any person for any services performed in relation to the bingo game.

(3) Pay concession fees to any person who provides refreshments to the participants in the bingo game.

(4) Conduct more than two bingo sessions in any seven day period, except that a volunteer firefighter's organization or a volunteer rescue service organization that conducts not more than five bingo sessions in a calendar year may conduct more than two bingo sessions in a seven day period after notifying the Attorney General when it will conduct the sessions.

(5) Pay out more than three thousand five hundred dollars ($3,500.00) in prizes during any bingo session that is conducted by the charitable organization.

(6) Conduct a bingo session at any time during the ten-hour period between midnight and 10:00 a.m. at any time during or within ten hours of a bingo game conducted for amusement only pursuant to Ohio R.C. 2915.12 or a substantially similar municipal ordinance or at any location not specified on its bingo license, or on any day of the week or during any time period not specified on its bingo license. If circumstances beyond its control make it impossible for the charitable organization to conduct a bingo session at the location specified on its bingo license, or if a charitable organization wants to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its bingo license, the charitable organization may apply in writing to the Attorney General for an amended bingo license, pursuant to Ohio R.C. 2915.08(F). A charitable organization may apply only once in each calendar year for an amended license to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its bingo license. If the amended license is granted, the organization may conduct bingo sessions at the location, on the day of the week, and at the time specified on its amended license.

(7) Permit any person whom the charitable organization knows, or should have known, is under the age of 18 to work as a bingo game operator.

(8) Permit any person whom the charitable organization knows, or should have known, has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator.

(9) Permit the lessor of the premises on which bingo is conducted, if the lessor is not a charitable organization, to provide the charitable organization with bingo game operators, security personnel, concessions, bingo equipment, or any other type of service or equipment.

(c) A bingo game operator shall not receive or accept any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for operating a bingo game or providing other work or labor at the site of the bingo game.

(d) Notwithstanding division (a)(2) of this section, a charitable organization that prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to another charitable organization or other charitable organizations for the conducting of bingo sessions so that more than two bingo sessions are conducted per calendar week on the premises, and a person that is not a charitable organization and that, prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to charitable organizations for the conducting of more than two bingo sessions per calendar week on the premises, may continue to lease the premises to those charitable organizations, provided that no more than four sessions are conducted per calendar week, that the lessor organization or person has notified the Attorney General in writing of the organizations that will conduct the sessions and the days of the week and the times of the day on which the sessions will be conducted, that the initial lease entered into with each organization that will conduct the sessions was filed with the Attorney General prior to December 6, 1977, and that each organization that will conduct the sessions was issued a license to conduct bingo games by the Attorney General prior to December 6, 1977.

(e) Whoever violates division (a)(1), (a)(2), (a)(3), (a)(4), (b) or (c) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of a violation of any of these divisions, or of a substantially similar state law or municipal ordinance, a violation of division (a)(1), (a)(2), (a)(3), (a)(4), (b) or (c) of this section is a misdemeanor of the first degree.

(a) A charitable organization that conducts a bingo session or scheme or game of chance pursuant to Ohio R.C. 2915.02(D) or a substantially similar municipal ordinance shall maintain the following records for at least three years from the date on which the bingo session or scheme or game of chance is conducted:

(1) An itemized list of the gross receipts of each session or scheme or game of chance.

(2) An itemized list of all expenses other than prizes that are incurred in conducting the bingo session, the name of each person to whom the expenses are paid, and a receipt for all of the expenses.

(3) A list of all prizes awarded during the bingo session or scheme or game of chance conducted by the charitable organization and the name and address of all persons who are winners of prizes of one hundred dollars ($100.00) or more in value.

(4) An itemized list of the charitable recipients of the proceeds of the bingo session or scheme or game of chance, including the name and address of each recipient to whom the money is distributed, and if the organization uses the proceeds of a bingo session or the money or assets received from a scheme or game of chance for any purpose set forth in the definition of "to use gross receipts for a charitable purpose" in Ohio R.C. 2915.01 or as set forth in Ohio R.C. 2915.02(D), a list of each purpose and an itemized list of each expenditure for each purpose.

(5) The number of persons who participate in any bingo session or scheme or game of chance that is conducted by the charitable organization.

(6) A list of receipts from the sale of food and beverages by the charitable organization or one of its auxiliary units or societies, if the receipts were excluded from the definition of "gross receipts" under Ohio R.C. 2915.01.

(7) An itemized list of all expenses incurred at each bingo session conducted by the charitable organization in the sale of food and beverages by the charitable organization or by an auxiliary unit or society of the charitable organization, the name of each person to whom the expenses are paid, and a receipt for all of the expenses.

(1) Investigate any charitable organization or any officer, agent, trustee, member, or employee of the organization.

(3) Conduct inspections, audits, and observations of bingo games or schemes or games of chance while they are in session.

(4) Conduct inspections of the premises where bingo games or schemes or games of chance are operated.

(5) Take any other necessary and reasonable action to determine if a violation of any provision of Ohio R.C. 2915.01, 2915.02, and 2915.07 through 2915.12, or any substantially similar municipal ordinance, has occurred and to determine whether Ohio R.C. 2915.11 or a substantially similar municipal ordinance has been complied with.

(c) If any local law enforcement agency has reasonable grounds to believe that a charitable organization or an officer, agent, trustee, member, or employee of the organization has violated any provision of this chapter or Ohio R.C. Chapter 2915, the local law enforcement agency may proceed by action in the proper court to enforce this chapter and Ohio R.C. Chapter 2915, provided that the local law enforcement agency shall give written notice to the Attorney General when commencing an action as described in this division.

(d) No person shall destroy, alter, conceal, withhold, or deny access to any accounts or records of a charitable organization that have been requested for examination, or obstruct, impede, or interfere with any inspection, audit, or observation of a bingo game or scheme or game of change or premises where a bingo game or scheme or game of chance is operated, or refuse to comply with any reasonable request of, or obstruct, impede, or interfere with any other reasonable action undertaken by the Attorney General or a local law enforcement agency pursuant to division (b) and (c) of this section.

(e) Whoever violates division (a) or (d) of this section is guilty of a misdemeanor of the first degree.

(a) No person shall be a bingo game operator unless he or she is 18 years of age or older.

(b) No person who has been convicted of a felony or a gambling offense in any jurisdiction shall be a bingo game operator.

(c) Whoever violates division (a) of this section is guilty of a misdemeanor of the third degree. Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree.

(a) Sections 517.06 to 517.08 do not apply to bingo games that are conducted for the purpose of amusement only. A bingo game is conducted for the purpose of amusement only if it complies with all of the requirements specified in either division (a)(1) or (2) of this section.

(1) A. The participants do not pay any money or any other thing of value, including an admission fee or any fee, for bingo cards, sheets, objects to cover the spaces, or other devices used in playing bingo, for the privilege of participating in the bingo game, or to defray any costs of the game, or pay tips or make donations during or immediately before or after the bingo game.

B. All prizes awarded during the course of the game are non-monetary, and in the form of merchandise, goods, or entitlement to goods or services only, and the total value of all prizes awarded during the game is less than one hundred dollars ($100.00).

C. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.

1. A bingo session during which a charitable bingo game is conducted pursuant to Ohio R.C. 2915.07 through 2915.11 or a substantially similar municipal ordinance.

2. A scheme or game of chance other than a bingo game conducted pursuant to this section.

(2) A. The participants do not pay money or any other thing of value as an admission fee, and no participant is charged more than twenty-five cents ($0.25) to purchase a bingo card, sheet, objects to cover the spaces, or other devices used in playing bingo.

B. The total amount of money paid by all of the participants for bingo cards, sheets, objects to cover the spaces, or other devices used in playing bingo does not exceed one hundred dollars ($100.00).

C. All of the money paid for bingo cards, sheets, objects to cover spaces, or other devices used in playing bingo are used only to pay winners monetary and nonmonetary prizes and to provide refreshments.

D. The total value of all prizes awarded during the game does not exceed one hundred dollars ($100.00).

E. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.

F. The bingo game is not conducted during or within ten hours of either of the following: a bingo session during which a charitable bingo game is conducted pursuant to Ohio R.C. 2915.07 through 2915.11 or a substantially similar municipal ordinance, or a scheme of chance or a game of chance other than a bingo game conducted pursuant to this section.

G. All of the participants reside at the premises where the bingo game is conducted.

H. The bingo games are conducted on different days of the week and not more than twice in a calendar week.

(b) The Attorney General, or any local law enforcement agency, may investigate the conduct of a bingo game that purportedly is conducted for purposes of amusement only if there is reason to believe that the purported amusement bingo game does not comply with the requirements of either division (a)(1) or (2) of this section. A local law enforcement agency may proceed by action in the proper court to enforce this section if the local law enforcement agency gives written notice to the Attorney General when commencing the action.

(a) The sale of instant bingo tickets within the City shall be regulated as follows:

(1) The applicant shall be a "charitable organization" as described in Ohio R.C. 2915.01(H) and shall also be exempt from federal income tax under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code. The applicant shall provide a copy of a determination letter from the Internal Revenue Service verifying its tax exempt status.

(2) The applicant organization shall have been a registered entity with the Ohio Secretary of State for at least two years prior to making an application and must be certified by the Ohio Secretary of State as being in good standing at the time of the application.

(3) The sale of instant bingo tickets shall be ancillary to the conduct of one or more legitimate business operations at the location where instant bingo sales will occur, and the applicant's income from instant bingo sales shall at no time exceed the income derived from conducting the other business operation(s).

(4) All proceeds from the sale of instant bingo tickets, after deducting only the expense for prizes paid out, shall be turned over to the applicant charitable organization. No person shall receive compensation, directly or indirectly, for participating in the sale of instant bingo tickets.

(5) The applicant charitable organization shall maintain such records pertaining to the sale of instant bingo tickets as are required by Ohio R.C. 2915.10, and such records shall be maintained for a period of three years following the sale.

(6) Any permission granted to the applicant charitable organization to sell instant bingo tickets may not be transferred or assigned to any other person or entity, and such transfer or assignment shall render the permission initially granted to the applicant null and void.

(b) Notwithstanding the provisions of division (a) hereof, approval of instant bingo sales shall be limited to one permit for each 7,500 residents of the City.

(c) Whoever violates division (a) is guilty of a misdemeanor of the first degree and subject to revocation of the permission initially granted by the City.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See sectional histories for similar State law

Excavation liability - see Ohio R.C. 723.49 et seq.

Removal of noxious weeds - see Ohio R.C. 731.51 et seq.

Nuisances - see Ohio R.C. Ch. 3767

Tampering with safety devices - see GEN. OFF. 541.04

Noxious weeds and litter - see S.U. & P.S. Ch. 961

521.01 ABANDONED REFRIGERATORS AND AIRTIGHT CONTAINERS.

(a) No person shall abandon, discard, or knowingly permit to remain on premises under his or her control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of 1½ cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with a hinge, latch, or other fastening device capable of securing such door or lid, without rendering the equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. This section shall not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse official or repair technician.

(ORC 3767.29)

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(ORC 3767.99(B))

2001 Replacement

(a) The use of a brazier, salamander, space heater, room heater, furnace, water heater, or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gases must comply with the following provisions;

(1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed, and maintained as to vent the products of combustion outdoors; except in storage, factory, or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

(2) When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed, or structure in which persons are temporarily present, shall be vented as provided in division (a)(1) or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

(b) This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.

(c) No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the use of a burner or heater in violation of the standards for venting and ventilation provided in this section.

(d) Division (a) above does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shut-off system, and that has its fuel piped from a source outside the building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the State Fire Code adopted by him or her under Ohio R.C. 3737.82.

(e) The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas, or liquid petroleum gas heaters exempted from division (a) above when used in assembly buildings, business buildings, high hazard buildings, institutional buildings, mercantile buildings, and type R 1 and R 2 residential buildings, as these groups of buildings are defined in rules adopted by the Board of Building Standards under Ohio R.C. 3781.10. No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of a heater in violation of any rules adopted under this division.

(f) The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas, or liquid petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas, or liquid petroleum gas heater unless the manufacturer provides with the heater written instructions that comply with any rules adopted under this division.

(g) No product labeled as a fuel additive for kerosene heaters and having a flash point below 100°F or 37.8°C shall be sold, offered for sale, or used in any kerosene space heater.

(h) No device that prohibits any safety feature on a kerosene, natural gas, or liquid petroleum gas space heater from operating shall be sold, offered for sale, or used in connection with any kerosene, natural gas, or liquid petroleum gas space heater.

(i) No person shall sell or offer for sale any kerosene-fired, natural gas, or liquid petroleum gas-fired heater that is not exempt from division (a) above, unless it is marked conspicuously by the manufacturer on the container with the phrase "Not Approved For Home Use."

(j) No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him or her under Ohio R.C. 3737.82.

(k) Whoever violates this section is guilty of a misdemeanor of the first degree.

(a) No person shall abandon or knowingly permit to remain on public or private property, any excavation, well, cesspool or structure which is in the process of construction, reconstruction, repair or alteration unless the same is adequately protected by suitable barricades and guarded by warning devices or lights at night so that the condition will not reasonably prove dangerous to life or limb.

(b) No person shall destroy, remove, damage or extinguish any barricade or warning light that is placed for the protection of the public so as to prevent injury to life or limb.

(c) Any owner or agent in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build or any other reason shall cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material.

(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(a) No person shall place or knowingly drop upon any part of a sidewalk, playground or other public place any tacks, bottles, wire, glass, nails or other articles which may damage property of another or injure any person or animal traveling along or upon such sidewalk or playground.

(b) No person shall walk on, or allow any animal upon, or injure or deface in any way any soft or newly laid sidewalk pavement.

(c) No person shall place, deposit or maintain any merchandise, goods, material or equipment upon any sidewalk so as to obstruct pedestrian traffic thereon except for such reasonable time as may be actually necessary for the delivery or pickup of such articles. In no case shall the obstruction remain on such sidewalk for more than one hour.

(d) No person shall unload upon, or transport any heavy merchandise, goods, material or equipment over or across any sidewalk or curb without first placing some sufficient protection over the pavement to protect against damage or injury. The affected area shall be rendered safe and free from danger.

(e) No person shall allow any cellar or trap door, coal chute or elevator or lift opening in any sidewalk to remain open without providing suitable safeguards to protect and warn pedestrian traffic of the dangerous condition.

(a) No person shall cause, suffer or permit any public watercourse, public drain, public water supply, public storm sewer or public sanitary sewer to be obstructed or diverted, except upon permission granted by ordinance of Council.

(a) No person owning, occupying or having charge or management of any building or premises in the City shall fail to keep all sidewalks, gutters and public drains or ditches abutting upon or adjacent to the same clean and free from snow, ice or say obstruction or nuisance.

(a) No person shall construct, cause to be constructed, maintain or permit to be maintained a snow fence parallel or approximately parallel to the side or back property line of the property on which such snow fence is placed or to be placed, at a distance of less than fifteen feet from such property line, unless the written consent of the adjoining landowner is first obtained.

(b) "Snow fence" means any barrier erected for the principal purpose of deflecting the drifting of snow.

(a) No person shall throw or cause to be thrown, place or dispose of in any manner upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk, dirt, sweepings, grass clippings, filth, or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.

(b) No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.

(c) No person shall cause or permit any rubbish, garbage, paper, household furnishings or any other material, equipment or personal property to be stored, piled or deposited upon any street, sidewalk, lane, alley or public ground or place within the City, nor shall any person cause or permit any rubbish, garbage, paper, household furnishings or other material, equipment or personal property to be stored, piled or deposited upon any tree lawn within the City, for any purpose other than for its collection and disposal, before 4:00 p.m. on the day prior to the scheduled refuse or garbage collection day. No person shall cause or permit any rubbish or garbage containers to be left on the tree lawn after 8:00 a.m. on the day following the day that actual refuse or garbage collection occurs.

(d) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the fourth degree.

(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal, which dwelling, building, structure or place, or which activity, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.

(b) No person shall burn dog or cat manure or other animal waste, or rubbish containing animal waste, in any indoor or outdoor incinerator, and no person shall operate an indoor or outdoor incinerator in any manner which produces objectionable quantities of smoke or obnoxious odors offensive to or unwholesome for the public. No person shall keep or maintain any property or substance or conduct any trade or activity within the City from which emanates obnoxious odors offensive to or unwholesome for the public. On receipt by the City of two or more written complaints alleging a violation of any of the foregoing provisions, any such person violating any of the foregoing provisions shall be subject to prosecution.

(a) No person, including any individual, corporation, association, partnership, trustee, trustee in bankruptcy, lessee, agent or assignee, being the owner, lessee or having charge or management of any property located within the City shall cause or permit to exist upon such property any substance, condition or activity which unreasonably interferes with or endangers the peace, health, welfare of safety of the City or any of its inhabitants. Any such substance, condition or activity constitutes a public nuisance in addition to any substance, condition or activity defined or declared to be such by any law of the State or ordinance of the City.

(b) Upon recommendation of the Director of Public Service, the Building Inspector or the Chief of Police, the Mayor may declare that a public nuisance exists on any premises or in any dwelling house, apartment building, house trailer, storeroom, manufactory, workship or other building, structure or place within the City and may cause written notice of such declaration to be served upon the person causing or permitting such nuisance to exist or be maintained, either personally or by certified mail addressed to such person at his last known address, specifying a reasonable time within which such nuisance must be removed or abated.

(c) Upon the failure of such person to remove or abate such nuisance within the time specified in such notice, the Mayor may cause such nuisance to be removed or abated. Such removal or abatement may include the seizure and destruction or sale of property constituting or used in the maintenance of a nuisance, and the Mayor may enter into contracts on behalf of the City for the removal or abatement of such nuisances. Any person failing to remove or abate a nuisance as stated above shall be liable to the City for any and all costs of such removal or abatement, which costs may be recovered by a proceeding instituted in any court of competent jurisdiction.

(d) Any person receiving notice to remove or abate a nuisance as provided for in subsection (b) hereof may, within the period of time specified in such notice, file a written request for a hearing on such order by delivering a copy of such request, specifying an address to which notices to such person are to be sent, to the office of the Mayor. Upon receipt of such a request, the Mayor shall set a time and place for such a hearing and shall cause notice thereof to be given to such person by delivering such notice to him personally, by leaving a copy thereof at the address contained in the request for hearing, or by certified mail sent to such address not less than five days prior to the hearing. Copies of such notice, specifying the purpose of the hearing and the time and place thereof at which all interested persons shall be heard, shall also be posted in the five public places in the City designated by Council for the posting of ordinances, resolutions, statements, orders, proclamations, notices and reports required by law or ordinance to be published. Such notice may also be published in one or more newspapers of general circulation in the City.

(e) Such hearing shall be conducted by the Mayor, and not less than five days after the conclusion of such hearing the Mayor shall issue an order confirming, modifying or rescinding the order of removal or abatement. Any such order shall be a final order within the meaning of Ohio R. C. 2506. 01, upon the filing of a copy thereof with the Clerk of Council. A copy of such order shall be served as soon as possible in the manner specified in subsection (d) hereof upon the person requesting the hearing.

521.11 ILLEGAL DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS TO MINORS; TRANSACTION SCANS.

C. "Distribute" means to furnish, give, or provide cigarettes, other tobacco products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, or papers used to roll cigarettes.

D. "Proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is 18 years of age or older.

E. "Vending machine" has the same meaning as "Coin Machine" in Ohio R.C. 2913.01.

(2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or any papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes, and no other person shall do any of the following:

A. Give, sell, or otherwise distribute cigarettes, other tobacco products, or papers used to roll cigarettes to any child;

B. Give away, sell, or distribute cigarettes, other tobacco products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a sign stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, or papers used to roll cigarettes to a person under 18 years of age is prohibited by law;

C. Knowingly furnish any false information regarding the name, age, or other identification of any child with purpose to obtain cigarettes, other tobacco products, or papers used to roll cigarettes for that child;

D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than 20 cigarettes or any package of roll-your-own tobacco containing less that six-tenths of one ounce of tobacco;

E. Sell cigarettes in a smaller quantity than that placed in the pack or other container by the manufacturer.

(3) No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:

A. An area within a factory, business, office, or other place not open to the general public;

C. Any other place not identified in division (a)(3)A. or (a)(3)B. of this section, upon all of the following conditions:

1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place, or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person.

(4) The following are affirmative defenses to a charge under division (a)(2)A. of this section:

A. The child was accompanied by a parent, spouse who is 18 years of age or older, or legal guardian of the child.

B. The person who gave, sold, or distributed cigarettes, other tobacco products, or papers used to roll cigarettes to a child under division (a)(2)A. of this section is a parent, spouse who is 18 years of age or older, or legal guardian of the child.

(5) It is not a violation of division (a)(2)A. or (a)(2)B. of this section for a person to give or otherwise distribute to a child cigarettes, other tobacco products, or papers used to roll cigarettes while the child is participating in a research protocol if all of the following apply:

A. The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol.

B. An institutional human subjects protection review board, or an equivalent entity, has approved of the research protocol.

C. The child is participating in the research protocol at the facility or location specified in the research protocol.

(6) A. Whoever violates division (a)(2)A. (a)(2)B., (a)(2)D. or (a)(2)E. (a)(2)B. or (a)(3) of this section is guilty of illegal distribution of cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (a)(2)A., (a)(2)B. or (a)(3) of this section or a substantially similar state law or municipal ordinance, illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree.

B. Whoever violates division (a)(2)C. of this section is guilty of permitting children to use cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (a)(2)C. or a substantially similar state law or municipal ordinance, permitting children to use cigarettes or other tobacco products is a misdemeanor of the third degree.

(7) Any cigarettes, other tobacco products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a child in violation of this division (a) and that are used, possessed, purchased, or received by a child in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. 2933.42 and 2933.43.

A. "Card holder" means any person who presents a driver's or commercial driver's license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes or other tobacco products from a seller, agent, or employee.

B. "Identification card" means an identification card issued under Ohio R.C. 4507.50 to 4507.52.

C. "Seller" means a seller of cigarettes or other tobacco products and includes any person whose gift of or other distribution of cigarettes or other tobacco products is subject to the prohibitions of division (a) of this section.

D. "Transaction scan" means the process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver's or commercial driver's license or an identification card that is presented as a condition for purchasing or receiving cigarettes or other tobacco products.

E. "Transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's or commercial driver's license or an identification card.

(2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver's or commercial driver's license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder cigarettes or other tobacco products.

B. If the information deciphered by the transaction scan performed under division (b)(2)A. of this section fails to match the information printed on the driver's or commercial driver's license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any cigarettes or other tobacco products to the card holder.

C. Division (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver's or commercial driver's license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away, or otherwise distributing cigarettes or other tobacco products to the person presenting the document.

(3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this division (b) and division (c) of this section.

(4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following:

1. The name and date of birth of the person listed on the driver's or commercial driver's license or identification card presented by the card holder;

2. The expiration date and identification number of the driver's or commercial driver's license or identification card presented by the card holder.

B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (b)(4)A. of this section, except for purposes of division (c) of this section.

C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (c)(2)A. of this section.

D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by division (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code.

(5) Nothing in this division (b) or division (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, State or Federal laws or rules governing the sale, giving away, or other distribution of cigarettes or other tobacco products.

(6) Whoever violates division (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000.00) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.

(1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of division (a) of this section in which the age of the purchaser or other recipient of cigarettes or other tobacco products is an element of the alleged violation, if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:

A. A card holder attempting to purchase or receive cigarettes or other tobacco products presented a driver's or commercial driver's license or an identification card.

B. A transaction scan of the driver's or commercial driver's license or identification card that the card holder presented indicated that the license or card was valid.

C. The cigarettes or other tobacco products were sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.

(2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (c)(1) of this section, the trier of fact in the action for the alleged violation of division (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of division (a) of this section. For purposes of division (c)(1)C. of this section, the trier of fact

shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:

A. Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes cigarettes or other tobacco products is 18 years of age or older;

B. Whether the description and picture appearing on the driver's or commercial driver's license or identification card presented by a card holder is that of the card holder.

(3) In any criminal action in which the affirmative defense provided by division (c)(1) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action.

(a) No person under the age of eighteen years shall use, possess, obtain, order, pay for, share the cost of, purchase, or attempt to purchase, any cigarettes, cigars or tobacco in any form or quantity.

(b) Whoever violates subsection (a) hereof is guilty of illegal possession of cigarettes or other tobacco products, a minor misdemeanor.

(1) "Agricultural waste." Any matter generated by crop, horticultural or livestock production practices and includes such items as bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities, but does not include land clearing waste; buildings; garbage; dead animals; motor vehicles and parts thereof; nor economic poisons and containers therefor, unless the manufacturer has identified open burning as a safe disposal procedure.

(2) "Economic poisons." Include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.

(3) "Garbage." Any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products.

(4) "Landscape waste." Any plant matter, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residue.

(5) "Land clearing waste." Plant matter which is removed from land, including plant matter removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial, or industrial development.

(6) "Ohio EPA." The Ohio Environmental Protection Agency director of agencies delegated authority by the Director pursuant to Ohio R.C. 3704.03 or the chief of any Ohio Environmental Protection Agency district office.

(7) "Open burning." The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of OAC 3745 17 09 or 3745 17 10.

(8) "Residential waste." Any matter, including landscape wastes, generated on a one-, two- or three-family residence as a result of residential activities, but not including garbage.

(9) "Restricted area." The area within the boundary of any municipal corporation established in accordance with the provisions of Title 7 of the Ohio Revised Code, plus a zone extending 1,000 feet beyond the boundaries of any such municipal corporation having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any such municipal corporation having a population of 10,000 persons or more according to the latest federal census.

(10) "Unrestricted area." All areas outside the boundaries of a restricted area as defined above.

(1) Notwithstanding any provision in OAC Chapter 3745 19, no open burning shall be conducted in an area where an air alert, warning or emergency under OAC Chapter 3745 25 is in effect.

(2) No provisions of OAC Chapter 3745 19 permitting open burning, and no permission to open burn granted by the Ohio EPA, shall exempt any person from compliance with any section of the Ohio Revised Code, or any regulation of any state department, or any local ordinance or regulation dealing with open burning.

(1) No person or property owner shall cause or allow open burning in a restricted area except as provided in divisions (c)(2) to (c)(4) of this section or in Ohio R.C. 3704.11.

(2) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:

B. Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.

C. Fires allowed by divisions (c)(2)A. and (c)(2)B. of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.

(3) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA:

A. Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local health department, cooperative extension service, Ohio Department of Agriculture, or United States Department of Agriculture, that open burning is the only appropriate disposal method.

1. The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours;

3. The fuel shall be chosen so as to minimize the generation and emission of air contaminants.

(4) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA provided that any conditions specified in the permission are followed:

A. Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal;

B. Instruction in methods of fire fighting or for research in the control of fires;

C. In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA; and

D. Recognized horticultural, silvicultural, range, or wildlife management practices.

(1) No property owner or other person shall cause or allow open burning in an unrestricted area except as provided in divisions (d)(2) to (4) of this section in Ohio R.C. 3704.11.

(2) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:

B. Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs;

C. Fires allowed by divisions (d)(2)A. and (d)(2)B. of this section shall not be used for waste disposal purposes and shall be the minimum size sufficient for their intended purpose. The fuel shall be chosen to minimize the generation and emission of air contaminants;

D. Disposal of residential waste or agricultural waste generated on the premises if all of the following conditions are observed:

1. The fire is set only when atmospheric conditions will readily dissipate contaminants;

2. The fire does not create a visibility hazard on roadways, railroad tracks or airfields;

3. The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on the premises;

4. The wastes are stacked and dried to provide the best practicable condition for efficient burning;

5. No materials are burned which contain rubber, grease, asphalt or liquid petroleum products.

1. The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours.

3. The fuel shall be chosen so as to minimize the generation and emission of air contaminants.

(3) Open burning shall be allowed for the following purposes upon receipts of written permission from the Ohio EPA, provided that any conditions specified in the permission are followed:

A. Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternative method of disposal;

B. Instruction in methods of fire fighting or for research in the control of fire;

C. In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA;

D. Disposal of land clearing waste if all of the following conditions are observed:

1. The fire is set only when atmospheric conditions will readily dissipate contaminants;

2. The fire does not create a visibility hazard on roadways, railroad tracks or airfields;

3. The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on the premises;

4. An air curtain destructor, or another device or method determined by the Director of the Ohio EPA to be at least as effective, is used to curtail release of air contaminants.

E. Recognized horticultural, silvicultural, range or wildlife management practices.

(4) Open burning shall be allowed for the prevention or control of disease or pests, with written or verbal verification to the Ohio EPA from the local health department, the Cooperative Extension Service, the Ohio Department of Agriculture or the U.S. Department of Agriculture, that open burning is the only appropriate disposal method.

A. An application for permission to open burn shall be submitted in writing at least ten days before the fire is to be set. It shall be in such form and contain such information as required by the Ohio EPA.

4. The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields, and other pertinent landmarks; and

5. The methods or actions which will be taken to reduce the emissions of air contaminants.

C. Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio EPA that open burning is necessary to the public interest; will be conducted in time, place and manner as to minimize the emission of air contaminants; and will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio EPA may impose such conditions as may be necessary to accomplish the purpose of OAC Chapter 3745 19.

D. Permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the Ohio EPA.

E. Violations of any of the conditions set forth by the Ohio EPA in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as for the imposition of other sanctions provided by law.

A. Notification shall be submitted in writing at least ten days before the fire is to be set. It shall be in such form and contain such information as shall be required by the Ohio EPA.

C. The Ohio EPA, after receiving notification, may determine that the open burning is not allowed under OAC Chapter 3745 19 and the Ohio EPA shall notify the applicant to this effect.

(f) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. In addition, the offender shall be required to pay the cost of proper disposal of the materials burned. The cost of proper disposal of the materials burned shall be the amount it would have cost to dispose of the materials in a manner that is consistent with the air, water and solid waste laws, ordinances and regulations of the Municipality and the State.

(a) No person shall remove, burn, overturn or tamper with any rubbish, garbage or the container therefor, when such rubbish, garbage or container is set out on a public street or highway, sidewalk or alley, or on private premises, and when such rubbish, garbage or container is placed there for the purpose of collection. This provision shall not apply to any employee of the Department of Public Service or any of its fully authorized agents or to a private person or organization authorized to remove such rubbish, garbage or container.

(1) "Street" and "highway" mean the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular traffic.

(2) "Sidewalk" has the same meaning given in Section 301.37 of these Codified Ordinances.

(3) "Alley" has the same meaning given in Section 301.03 of these Codified Ordinances.

(4) "Private premises" means all structures, and the lots or land upon which they are located, owned by an individual, partnership, association, company, church or corporation, whether occupied or not.

(5) "Rubbish" means combustible and noncombustible materials, except garbage. "Rubbish" shall include, but not be limited to, the following: wood, coal, coke and other combustible materials and their residue, paper, rags, clothing, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, glass, crockery, mineral matter, items containing any type of metal, stoves, refrigerators, televisions, radios, household appliances and any other similar items.

(6) "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(a) No incinerator used to burn household garbage, yard waste or any other refuse, in one, two or three family dwellings, shall be operated within the City.

(b) The Fire Chief, the Building Inspector or the Police Chief, or their assistants, may issue a citation and summons to any person in violation of this section. In addition, any incinerator operated in violation of this section is hereby declared to be a nuisance and may be abated, in addition to the prosecution and penalty provided in this chapter.

(c) Incinerators which are permanently banned from use shall have all openings, ash pits, chutes, loading doors and other openings permanently fixed in a closed or inoperable condition.

(d) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the first degree for any subsequent offense. Each day during or on which any such violation occurs shall constitute a separate offense.

(a) Every owner, lessee, sublessee, tenant, agent, servant, contractor, officer or other individual having charge of, or responsibility for, maintenance of any lot or land located within the City, who maintains, or allows the maintenance of, firewood on said lot or land outside the confines of an enclosed building, shall store such firewood in compliance with this section.

(b) Any firewood stacked shall be elevated at least twelve inches above the grade or on a concrete surface.

(c) Firewood shall not be permitted in a front or side yard and must be at least two feet from any rear and side property lines.

(e) Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See sectional history for similar State law

Law Enforcement Trust Fund - see ADM. 133.24

Drug Law Enforcement Fund - see ADM. 133.25

Enforcement and Education Fund - see ADM. 133.26

Ethics re public contracts - see ADM. 155.14

Law enforcement officer defined - see GEN. OFF. 501.01(k)

Misconduct at an emergency - see GEN. OFF. 509.05

Making false alarms - see GEN. OFF. 509.07

Personating an officer to defraud - see GEN. OFF. 545.16

525.01 DEFINITIONS.

As used in this chapter:

(a) "Campaign committee", "contribution", "legislative campaign fund", "political action committee", "political contributing entity", and "political party" have the same meanings as in Ohio R.C. 3517.01.

(b) "Detention" means arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States; hospitalization,

2001 Replacement

institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this state into this state by a private person or entity pursuant to a contract entered into under Ohio R.C. 311.29(E) or Ohio R.C. 5149.03(B). For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, "detention" includes time spent at an assigned work site and going to and from the work site.

(c) "Detention facility" means any public or private place used for the confinement of a person charged with or convicted of any crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or an unruly child in this state or another state or under the laws of the United States.

(d) "Official proceeding" means any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a disposition in connection with an official proceeding.

(e) "Party official" means any person who holds an elective or appointive post in a political party in the United States or this state, by virtue of which he or she directs, conducts, or participates in directing or conducting party affairs at any level of responsibility.

(f) "Provider agreement" and "medical assistance program" have the same meanings as in Ohio R.C. 2913.40.

(g) "Public official" means any elected or appointed officer, employee, or agent of the state or any political subdivision thereof, whether in a temporary or permanent capacity, and includes but is not limited to legislators, judges, and law enforcement officers.

(2) Any person performing ad hoc a governmental function, including but not limited to a juror, member of a temporary commission, master, arbitrator, advisor, or consultant.

(i) "Valuable thing" or "valuable benefit" includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986.

(a) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:

(3) The statement is made with purpose to mislead a public official in performing his or her official function.

(4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio Works First; prevention, retention and contingency benefits and services; disability assistance; retirement benefits; economic development assistance as defined in Ohio R.C. 9.66; or other benefits administered by a governmental agency or paid out of a public treasury.

(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.

(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.

(7) The statement is in writing on or in connection with a report or return that is required or authorized by law.

(8) The statement is in writing, and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to his or her detriment.

(9) The statement is made with purpose to commit or facilitate the commission of a theft offense.

(10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.

(11) The statement is made on an account, form, record, stamp, label or other writing that is required by law.

(12) The statement is made in connection with the purchase of a firearm, as defined in Ohio R.C. 2923.11, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver's or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity.

(13) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the Secretary of State, a county recorder, or the clerk of a court of record.

(b) No person, in connection with the purchase of a firearm as defined in Ohio R.C. 2923.11, shall knowingly furnish to the seller of the firearm a fictitious or altered driver's or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity.

(c) It is no defense to a charge under division (a)(4) of this section that the oath or affirmation was administered or taken in an irregular manner.

(d) If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.

(e) (1) Whoever violates division (a)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11) or (13) of this section is guilty of falsification, a misdemeanor of the first degree.

(2) Whoever violates division (a)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars ($500.00) or more, falsification in a theft offense is a felony to be prosecuted under appropriate State law.

(3) Whoever violates division (a)(12) or (b) of this section is guilty of falsification to purchase a firearm, a felony to be prosecuted under appropriate State law.

(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Impersonate." To act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.

(2) "Peace officer." A sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this State, a member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D), a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y), a state university law enforcement officer appointed under Ohio R.C. 3345.04, an Ohio veterans' home police officer appointed under Ohio R.C. 5907.02, a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28, or a state highway patrol trooper and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the State or any of its political subdivisions.

(3) "Private police officer." Any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.

(c) No person, by impersonating a peace officer or a private police officer, shall arrest or detain any person, search any person, or search the property of any person.

(d) No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, a private police officer, or an officer, agent or employee of the Municipality or the State.

(e) No person shall commit a felony while impersonating a peace officer, a private police officer, or an officer, agent or employee of the Municipality or of the State.

(f) It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer was for a lawful purpose.

(g) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (d) of this section is to commit or facilitate the commission of a felony, a violation of division (d) is a felony to be prosecuted under appropriate State law. Whoever violates division (e) of this section is guilty of a felony to be prosecuted under appropriate State law.

(a) No person shall knowingly demand, accept, or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.

(b) It is an affirmative defense to a charge under this section when both of the following apply:

(1) The pending prosecution involved is for a violation of Ohio R.C. 2913.02, 2913.11, 2913.21(B)(2), or 2913.47, or a substantially similar municipal ordinance, of which the actor under this section was the victim.

(2) The thing of value demanded, accepted, or agreed to be accepted, in consideration of abandoning or agreeing to abandon the prosecution, did not exceed an amount that the actor reasonably believed due him or her as restitution for the loss caused him or her by the offense.

(c) When a prosecuting witness abandons or agrees to abandon a prosecution under division (b) of this section, the abandonment or agreement in no way binds the State to abandoning the prosecution.

(d) Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.

(a) No person, knowing that a felony has been or is being committed, shall knowingly fail to report the information to law enforcement authorities.

(b) Except for conditions that are within the scope of division (e) of this section, no person who is a physician, limited practitioner, nurse, or other person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound that the person treated or observed, or any serious physical harm to other persons that the person knows or has reasonable cause to believe resulted from an offense of violence.

(c) No person who discovers a body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician whom the person knows to be treating the deceased for a condition from which death at that time would not be unexpected, or to a law enforcement officer, ambulance service, emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained.

(d) No person shall fail to provide upon request of the person to whom a report required by division (c) of this section was made, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within his or her knowledge that may have a bearing on the investigation of the death.

B. Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;

(2) No physician, nurse, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.

(3) No manager, superintendent, or other person in charge of a hospital, sanitarium, or other medical facility in which a person is attended or treated for any burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.

(4) No person who is required to report any burn injury under division (e)(2) or (3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the State Fire Marshal. The report shall be made on a form provided by the State Fire Marshal.

(5) Anyone participating in the making of reports under division (e) of this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding Ohio R.C. 4731.22, the physician-patient relationship is not a ground for excluding evidence regarding a person's burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted pursuant to division (e) of this section.

(f) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence as defined in Ohio R.C. 3113.31 shall note that knowledge or belief and the basis for it in the patient's or client's records.

(2) Notwithstanding Ohio R.C. 4731.22, the physician-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted pursuant to division (f)(1), and the information may be admitted as evidence in accordance with the Rules of Evidence.

(g) Division (a) or (d) of this section does not require disclosure of information, when any of the following applies:

(1) The information is privileged by reason of the relationship between attorney and client, doctor and patient, licensed psychologist or licensed school psychologist and client, member of the clergy or rabbi or minister or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister or priest for a religious counseling purpose in the professional character of the member of the clergy, rabbi, minister or priest, husband and wife, or a communications assistant and those who are a party to a telecommunications relay service call.

(2) The information would tend to incriminate a member of the actor's immediate family.

(3) Disclosure of the information would amount to revealing a news source, privileged under Ohio R.C. 2739.04 or 2739.12.

(4) Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to him or her in his or her capacity as such by a person seeking his or her aid or counsel.

(5) Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or organization certified pursuant to Ohio R.C. 3793.06.

(6) Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of Ohio R.C. 2907.02 or 2907.05, or to victims of felonious sexual penetration in violation of former Ohio R.C. 2907.12. As used in this division, "counseling services" include services provided in an informal setting by a person who, by education or experience, is competent to provide such services.

(h) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.

(i) Whoever violates division (a) or (b) of this section is guilty of failure to report a crime. Violation of division (a) of this section is a misdemeanor of the fourth degree. Violation of division (b) of this section is a misdemeanor of the second degree.

(j) Whoever violates division (c) or (d) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.

(k) (1) Whoever negligently violates division (e) of this section is guilty of a minor misdemeanor.

(2) Whoever knowingly violates division (e) of this section is guilty of a misdemeanor of the second degree.

(a) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when the aid can be given without a substantial risk of physical harm to the person giving it.

(b) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.

(a) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official's official capacity, shall do any act that hampers or impedes a public official in the performance of the public official's lawful duties.

(b) Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division, obstructing official business is a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, obstructing official business is a felony to be prosecuted under appropriate State law.

(a) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime, or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to benefit from the commission of an act that if committed by an adult would be a crime, shall do any of the following:

(2) Provide the other person or child with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension.

(4) Destroy or conceal physical evidence of the crime or act, or induce any person to withhold testimony or information or to elude legal process summoning him or her to testify or supply evidence.

(6) Prevent or obstruct any person, by means of force, intimidation, or deception, from performing any act to aid in the discovery, apprehension, or prosecution of the other person or child.

(b) A person may be prosecuted for, and may be convicted of or adjudicated a delinquent child for committing, a violation of division (a) of this section regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed. The crime or act the person or child aided committed shall be used under division (c) of this section in determining the penalty for violation of division (a) of this section, regardless of whether the person or child aided ultimately is apprehended for, is charge with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed.

(1) If the crime committed by the person aided is a misdemeanor or if the act committed by the child aided would be a misdemeanor if committed by an adult, or if the crime or act committed by the person or child aided is an act of terrorism, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided or a misdemeanor of the same degree that the act committed by the child aided would be if committed by an adult.

(2) If the crime committed by the person aided is a felony or if the act committed by the child aided would be a felony if committed by an adult, obstructing justice is a felony to be prosecuted under appropriate State law.

(a) No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself, herself or another.

(b) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.

(c) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:

(1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon; or

(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.

(d) Whoever violates this section is guilty of resisting arrest. A violation of division (a) of this section is a misdemeanor of the second degree. A violation of division (b) of this section is a misdemeanor of the first degree. A violation of division (c) of this section is a felony to be prosecuted under appropriate State law.

(e) As used in this section, "deadly weapon" has the same meaning as in Ohio R.C. 2923.11.

Unlawful taking of deadly weapon from law enforcement officer, felony, see Ohio R.C. 2911.01

(a) No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.

(b) No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop.

(2) A violation of division (a) of this section is a misdemeanor of the first degree.

(3) Except as provided in divisions (c)(4) and (5) of this section, a violation of division (b) of this section is a misdemeanor of the first degree.

(4) Except as provided in division (c)(5) of this section, a violation of division (b) of this section is a felony and shall be prosecuted under appropriate State law if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that in committing the offense, the offender was fleeing immediately after the commission of a felony.

(5) A. A violation of division (b) of this section is a felony and shall be prosecuted under appropriate State law if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:

1. The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.

2. The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.

B. If a police officer pursues an offender who is violating division (b) of this section and division (c)(5)A. of this section applies, the sentencing court, in determining the seriousness of an offender's conduct for purposes of sentencing the offender for a violation of division (b) of this section, shall consider, along with the factors set forth in Ohio R.C. 2929.12 and 2929.13 that are required to be considered, all of the following:

3. The rate of speed at which the offender operated the motor vehicle during the pursuit;

4. Whether the offender failed to stop for traffic lights or stop signs during the pursuit;

5. The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;

6. Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;

9. Any other relevant factors indicating that the offender's conduct is more serious than conduct normally constituting the offense.

(1) Authorize or employ the authority of his or her office to secure authorization of any public contract in which he, she, a member of his or her family, or any of his or her business associates has an interest.

(2) Authorize or employ the authority or influence of his or her office to secure the investment of public funds in any share, bond, mortgage, or other security with respect to which he, she, a member of his or her family, or any of his or her business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees.

(3) During his or her term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by him or her or by a legislative body, commission, or board of which he or she was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder.

(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which he or she is connected.

(5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding when required by law, and that involves more than one hundred fifty dollars ($150.00).

(b) In the absence of bribery or a purpose to defraud, a public official, member of his or her family, or any of his or her business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:

(1) The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested.

(2) The shares owned or controlled by that person do not exceed 5% of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed 5% of the total indebtedness of the corporation or other organization.

(3) That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving his or her exact status in connection with the corporation or other organization.

(c) This section does not apply to a public contract in which a public official, member of his or her family, or one of his or her business associates has an interest, when all of the following apply:

(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved.

(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the political subdivision or governmental agency or instrumentality involved.

(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions.

(4) The entire transaction is conducted at arm's length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of his or her family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.

(d) Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by public monies if the public employee otherwise qualifies for the program and does not use the authority or influence of his or her office or employment to secure benefits from the program and if the monies are to be used on the primary residence of the public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this section.

(e) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (a)(1) or (2) of this section is a felony to be prosecuted under appropriate State law. Violation of division (a)(3), (4), or (5) of this section is a misdemeanor of the first degree.

(f) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with Ohio R.C. 309.06 and 2921.421, or for a chief legal officer of a municipality or an official designated as prosecutor in a municipality to appoint assistants and employees in accordance with Ohio R.C. 733.621 and 2921.421, or for a township law director appointed under Ohio R.C. 504.15 to appoint assistants and employees in accordance with Ohio R.C. 504.151 and 2921.421.

(g) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the State or any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the State, any of its political subdivisions, or any agency or instrumentality of either.

B. A contract for the design, construction, alteration, repair, or maintenance of any public property.

(a) No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:

(1) Any compensation, other than as allowed by Ohio R.C. 102.03(G), (H), (I), or other provisions of law, to perform the public servant's official duties, to perform any other act or service in the public servant's public capacity, for the general performance of the duties of the public servant's public office or public employment, or as a supplement to the public servant's public compensation.

(2) Additional or greater fees or costs than are allowed by law to perform the public servant's official duties.

(b) No public servant for the public servant's own personal or business use and no person for the person's own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:

(1) Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.

(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.

(c) No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity shall coerce any contribution in consideration of either of the following:

(1) Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.

(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.

(d) Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.

(e) A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment, or position of trust in this State for a period of seven years from the date of conviction.

(f) Divisions (a), (b), and (c) of this section do not prohibit any person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity from accepting voluntary contributions.

(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer's power to do so alone or with available assistance.

(b) No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.

(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention.

(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another.

(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.

(d) No public official shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the Council for the use in any one year of the department, agency, or institution with which the public official is connected.

(e) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant's office, or recklessly do any act expressly forbidden by law with respect to the public servant's office.

(f) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.

(g) As used in this section, "public servant" includes an officer or employee of a contractor as defined in Ohio R.C. 9.08.

(a) No public servant, under color of his or her office, employment, or authority, shall knowingly deprive, conspire or attempt to deprive any person of a constitutional or statutory right.

(b) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.

(a) No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.

(b) Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.

(1) "Lawfully issued." Adopted, issued, or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.

(2) "Political subdivisions." Municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.

(3) "Sham legal process." An instrument that meets all of the following conditions:

1. To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.

2. To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.

3. To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.

(4) "State." A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. "State" does not include the political subdivisions of the state.

(b) No person shall, knowing the sham legal process to be a sham legal process, do any of the following:

(1) Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.

(2) Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.

(3) Knowingly commit or facilitate the commission of an offense using sham legal process.

(c) It is an affirmative defense to a charge under division (b)(1) or (2) of this section that the use of sham legal process was for a lawful purpose.

(d) Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate State law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate State law.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See sectional histories for similar State law

Prohibiting sale of intoxicating liquor on Sunday - see Ohio R.C. 4301.22(D)

Local option - see Ohio R.C. 4301.32 et seq., 4303.29

Disorderly conduct; intoxication - see GEN. OFF. 509.03

Using weapons while intoxicated - see GEN. OFF. 549.03

529.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "Alcohol." Ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. The term does not include denatured alcohol and wood alcohol.

(b) "At retail." For use or consumption by the purchaser and not for resale.

(c) "Beer." Includes all beverages brewed or fermented wholly or in part from malt products and containing 0.5% or more, but not more than 12%, of alcohol by volume.

(d) "Cider." All liquids that are fit to use for beverage purposes that contain 0.5% of alcohol by volume, but not more than 6% of alcohol by weight that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must.

2002 Replacement

(e) "Club." A corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part of a permanent building operated solely for such purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.

(1) Any convention, sports or entertainment facility or complex, or any combination of these, that is used by or accessible to the general public and that is owned or operated in whole or in part by the state, a state agency, or a political subdivision of the state or that is leased from, or located on property owned by or leased from, the state, a state agency, a political subdivision of the state, or a convention facilities authority created pursuant to Ohio R.C. 351.02;

(2) An area designated as a community entertainment district pursuant to Ohio R.C. 4301.80.

(g) "Controlled access alcohol and beverage cabinet." A closed container, either refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by means of a device that requires the use of a key, magnetic card, or similar device and from which beer, intoxicating liquor, other beverages, or food may be sold.

(h) "Hotel." The same meaning as in Ohio R.C. 3731.01, subject to the exceptions mentioned in Ohio R.C. 3731.03.

(i) "Intoxicating liquor" and "liquor." All liquids and compounds, other than beer, containing 0.5% or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called, and whether they are medicated, proprietary, or patented. "Intoxicating liquor" and "liquor" include wine even if it contains less than 4% of alcohol by volume, mixed beverages even if they contain less than 4% of alcohol by volume, cider, alcohol, and all solids and confections which contain any alcohol.

(j) "Low-alcohol beverage." Any brewed or fermented malt product or any product made from the fermented juices of grapes, fruits, or other agricultural products that contains either no alcohol or less than 0.5% of alcohol by volume. The beverages described in this definition do not include a soft drink such as root beer, birch beer, or ginger beer.

(k) "Manufacture." All processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner.

(l) "Manufacturer." Any person engaged in the business of manufacturing beer or intoxicating liquor.

(m) "Mixed beverages." Bottled and prepared cordials, cocktails, and highballs, produced by mixing any type of whiskey, neutral spirits, brandy, gin or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume.

(n) "Nightclub." A place habitually operated for profit, where food is served for consumption on the premises, and one or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by patrons.

(p) "Pharmacy." An establishment as defined in Ohio R.C. 4729.01, that is under the management or control of a licensed pharmacist in accordance with Ohio R.C. 4729.27.

(q) "Restaurant." A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.

(r) "Sale" and "sell." The exchange, barter, gift, offer for sale, sale, distribution, and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to Ohio R.C. 4301.21. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the Division of Liquor Control authorizing the sale of the beer or intoxicating liquor, but no solicitor shall solicit any orders until the solicitor has been registered with the Department pursuant to Ohio R.C. 4303.25.

(s) "Sales area or territory." An exclusive geographic area or territory that is assigned to a particular A or B permit holder and that either has one or more political subdivisions as its boundaries or consists of an area of land with readily identifiable geographic boundaries. "Sales area or territory" does not include, however, any particular retail location in an exclusive geographic area or territory that is assigned to another A or B permit holder.

(t) "Sealed container." Any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.

(u) "Spirituous liquor." All intoxicating liquors containing more than 21% of alcohol by volume.

(v) "Vehicle." All means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.

(w) "Wholesale distributor" and "distributor." A person engaged in the business of selling to retail dealers for purposes of resale.

(x) "Wine." All liquids fit to use for beverage purposes containing not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products. Except as provided in Ohio R.C. 4301.01(B)(3), the term does not include cider.

(a) Except as otherwise provided in this chapter or in Ohio R.C. Chapter 4301, no person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person unless given by a physician in the regular line of the physician's practice or given for established religious purposes or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian. In proceedings before the Liquor Control Commission, no permit holder, or the employee or agent of a permit holder, charged with a violation of this division shall be charged, for the same offense, with a violation of Ohio R.C. 4301.22(A)(1) or a substantially similar municipal ordinance.

(b) No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the public place while possessing or consuming beer or intoxicating liquor, unless the intoxicating liquor or beer is given to the person possessing or consuming it by that person's parent, spouse who is not an underage person, or legal guardian and the parent, spouse who is not an underage person, or legal guardian is present at the time of the person's possession or consumption of the beer or intoxicating liquor. An owner of a public or private place is not liable for acts or omissions in violation of this division that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.

(c) No person shall engage or use accommodations at a hotel, inn, cabin, campground, or restaurant when the person knows or has reason to know either of the following:

(1) That beer or intoxicating liquor will be consumed by an underage person on the premises of the accommodations that the person engages or uses, unless the person engaging or using the accommodations is the spouse of the underage person and who is not an underage person, or is the parent or legal guardian of all of the underage persons, who consume beer or intoxicating liquor on the premises and that person is on the premises at all times when beer or intoxicating liquor is being consumed by an underage person.

(2) That a drug of abuse will be consumed on the premises of the accommodations by any person, except a person who obtained the drug of abuse pursuant to a prescription issued by a licensed health professionals authorized to prescribe drugs and has the drug of abuse in the original container in which it was dispensed to the person.

(d) (1) No person is required to permit the engagement of accommodations at any hotel, inn, cabin, or campground by an underage person or for an underage person, if the person engaging the accommodations knows or has reason to know that the underage person is intoxicated, or that the underage person possesses any beer or intoxicating liquor and is not accompanied by a parent, spouse who is not an underage person, or legal guardian who is or will be present at all times when the beer or intoxicating liquor is being consumed by the underage person.

(2) No underage person shall knowingly engage or attempt to engage accommodations at any hotel, inn, cabin, or campground by presenting identification that falsely indicates that the underage person is 21 years of age or older for the purpose of violating this section.

(e) (1) No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place. The prohibitions set forth in this division against an underage person knowingly possessing, consuming, or being under the influence of any beer or intoxicating liquor shall not apply if the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician's practice or given for established religious purposes.

(2) A. If a person is charged with violating division (e)(1) of this section in a complaint filed under Ohio R.C. 2151.27, the court may order the child into a diversion program specified by the court and hold the complaint in abeyance pending successful completion of the diversion program. A child is ineligible to enter into a diversion program under this division if the child previously has been diverted pursuant to this division. If the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child's record in the case sealed under Ohio R.C. 2151.358(D)(3). If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.

B. If a person is charged in a criminal complaint with violating division (e)(1) of this section, Ohio R.C. 2935.36 shall apply to the offense, except that a person is ineligible for diversion under that section if the

person previously has been diverted pursuant to divisions (e)(2)A. or (e)(2)B. of this section. If the person completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the record in the case sealed under Ohio R.C. 2953.52. If the person fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.

(f) No parent, spouse who is not an underage person, or legal guardian of a minor shall knowingly permit the minor to violate this section or Ohio R.C. 4301.63, 4301.632, 4301.633, or 4301.634, or any substantially similar municipal ordinance.

(g) The operator of any hotel, inn, cabin, or campground shall make the provisions of this section available in writing to any person engaging or using accommodations at the hotel, inn, cabin, or campground.

(h) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(3) "Licensed health professional authorized to prescribe drugs" and "prescription" have the same meanings as in Ohio R.C. 4729.01.

(i) Except as otherwise provided in this chapter or in Ohio R.C. Chapter 4301, no person under the age of 21 years shall purchase beer or intoxicating liquor.

(j) (EDITOR'S NOTE: Division (j) was repealed because substantially similar State law, Ohio R.C. 4301.632, was repealed in 2002.)

(k) Except as otherwise provided in this chapter or in Ohio R.C. Chapter 4301, no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age, for the purpose of obtaining, or with the intent to obtain, beer or intoxicating liquor for a person under 21 years of age, by purchase, or as a gift.

(l) Except as otherwise provided in this chapter or in Ohio R.C. Chapter 4301, no person under the age of 21 years shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this municipality where beer

or intoxicating liquor is sold under a permit issued by the Division of Liquor Control, or sold by the Division of Liquor Control.

(m) Whoever violates division (a) of this section is guilty of a misdemeanor, shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and in addition to the fine, may be imprisoned for a definite term of not more than six months.

(n) Whoever violates division (b), (c), (d), (e), (f), (g) or (k) of this section is guilty of a misdemeanor of the first degree. If an offender who violates division (e)(1) of this section was under the age of 18 years at the time of the offense and the offense occurred while the offender was the operator of or a passenger in a motor vehicle, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender's temporary instruction permit or probationary driver's license for a period of six months. If the offender is 15 years and 6 months of age or older and has not been issued a temporary instruction permit or probationary driver's license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of 15 years and 6 months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years.

(o) Whoever violates division (i) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed.

(p) (EDITOR'S NOTE: Division (p) was repealed because the penalty for a substantially similar State law, Ohio R.C. 4301.632, was repealed in 2002.)

(q) (1) Whoever violates division (l) of this section is guilty of a misdemeanor of the first degree. If, in committing a first violation of division (l), the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six months.

(2) On a second violation in which, for the second time, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or

altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six months. The court also may suspend the offender's driver's or commercial driver's license or permit or nonresident operation privilege or deny the offender the opportunity to be issued a driver's or commercial driver's license for a period not exceeding 60 days.

(3) On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six months. The court also shall suspend the offender's driver's or commercial driver's license or permit or nonresident operating privilege or deny the offender the opportunity to be issued a driver's or commercial driver's license for a period of 90 days, and the court may order that the suspension or denial remain in effect until the offender attains the age of 21 years. The court also may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.

(a) No person, business, corporation or partnership shall sell, provide, give or cause to be sold to any person under the age of twenty-one, nonalcoholic beer, near beer or any malt beverage with any alcoholic content, however much reduced, except that a parent, legal guardian or spouse who is not under the age of twenty-one may provide or give a nonalcoholic beer or near beer, etc., to his or her children, ward or spouse so long as the child, etc., consumes the product in the presence of the parent, legal guardian or spouse.

(b) No person under the age of twenty-one shall possess a nonalcoholic beer, near beer or any malt beverage with any alcoholic content, however much reduced, except as provided in subsection (a) hereof.

(a) No permit holder and no agent or employee of a permit holder shall sell or furnish beer or intoxicating liquor to an intoxicated person.

(b) No intoxicating liquor shall be sold to any individual who habitually drinks intoxicating liquor to excess, or to whom the Department has, after investigation, determined to prohibit the sale of intoxicating liquor, because of cause shown by the husband, wife, father, mother, brother, sister, or other person dependent upon, or in charge of the individual, or by the Mayor of the municipality in which the individual resides. The order of the Department in such case shall remain in effect until revoked by the Department.

(a) No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in Ohio R.C. 4301.62(D) or a substantially similar municipal ordinance.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. If an offender who violates this section was under the age of 18 years at the time of the offense, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender's temporary instruction permit, probationary driver's license or driver's license for a period of six months. If the offender is 15 years and 6 months of age or older and has not been issued a temporary instruction permit or probationary driver's license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of 15 years and 6 months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years.

(a) No person, by himself, herself or by his or her clerk, agent, or employee, shall manufacture, manufacture for sale, offer, keep, or possess for sale, furnish or sell, or solicit the purchase or sale of any beer or intoxicating liquor in this state, or transport, or import, or cause to be transported or imported any beer, intoxicating liquor, or alcohol in or into this municipality for delivery, use or sale, unless such person has fully complied with Ohio R.C. Chapters 4301 and 4303 or is the holder of a permit issued by the Division of Liquor Control and in force at the time.

(a) (1) Except as otherwise provided in Ohio R.C. 4301.691, every place in this municipality where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the Division of Liquor Control and which shall read substantially as follows:

Under the statutes of the state of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume beer or intoxicating liquor in any public place, or furnish false information as to name, age, or other identification, you are subject to a fine of up to $1,000, or imprisonment up to 6 months, or both.

Under the statutes of the state of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or posses or consume, any type of beer or wine that contains either no alcohol or less than one-half of one per cent of alcohol by volume in any public place, or furnish false information as to the name, age, or other identification, you are subject to a fine of up to $250 or to imprisonment up to 30 days, or both.

(2) No person shall be subject to any criminal prosecution or any proceedings before the Department or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked, or canceled because of the failure of the permit holder to display this card.

(b) (1) Every place in this municipality for which a D permit has been issued under Ohio R.C. Chapter 4303 shall be issued a printed card by the Division of Liquor Control that shall read substantially as follows:

Under the statutes of Ohio, if you possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303 of the Revised Code, you may be guilty of a felony and may be subjected to a prison term of up to one year.

(2) No person shall be subject to any criminal prosecution or any proceedings before the Division of Liquor Control or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked, or canceled because of the failure of the permit holder to display this card.

(2) "Street," "highway," and "motor vehicle" have the same meanings as in Ohio R.C. 4511.01.

(b) No person shall have in his or her possession an opened container of beer or intoxicating liquor in any of the following circumstances:

(2) Except as provided in division (c) of this section, on the premises of the holder of any permit issued by the Division of Liquor Control;

(4) Except as provided in division (d) of this section while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;

(5) Except as provided in division (d) of this section while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

A. Beer or intoxicating liquor that has been lawfully purchased for consumption on the premises where bought from the holder of an A 1 A, A 2, D 1, D 2, D 3, D 3a, D 4, D 4a, D 5, D 5a, D 5b, D 5c, D 5d, D 5e, D 5f, D 5g, D 5h, D 5i, D 5j, D-5k, D 7, D 8, E, F, or F 2 permit;

B. Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F 3 permit or wine served for consumption on the premises by the holder of an F 4 permit;

C. Beer or intoxicating liquor consumed on the premises of a convention facility as provided in Ohio R.C. 4303.201.

D. Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission.

(2) A person may have in the person's possession on an F liquor permit premises an opened container of beer or intoxicating liquor that was not purchased from the holder of the F permit if the premises for which the F permit is issued is a music festival and the holder of the F permit grants permission for that possession on the premises during the period for which the F permit is issued. As used in this division (c)(2), "music festival" means a series of outdoor live musical performances extending for a period of at least three consecutive days and located on an area of land of at least 40 acres.

(d) This section does not apply to a person who pays all or a portion of the fee imposed for use of a chauffeured limousine pursuant to a prearranged contract or the guest of the person, when all of the following apply:

(2) The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located.

529.08 GENERAL OFFENSES CODE 144

(3) The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

(ORC 4301.62)

(e) Whoever violates this section is guilty of a minor misdemeanor.

(ORC 4301.99(A))

529.08 HOURS OF SALE OR CONSUMPTION.

(a) No beer or other malt beverages shall be sold, delivered, or be permitted to be consumed on weekdays upon the premises of a C 1, C 2X, D 1, or D 2X permit holder between the hours of 1:00 a.m. and 5:30 a.m. The above restriction on hours of operation shall also apply to retail sales by an A 1 permit holder.

(b) No wine, prepared highballs, cocktails, cordials or other mixed beverages, as defined in the Liquor Control Act, shall be sold, delivered, or be permitted to be consumed on weekdays upon the premises of an A 2, C 2, D 2, or D 3X permit holder between the hours of 1:00 a.m. and 5:30 a.m.

(c) No spiritous liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D 3 permit holder between the hours of 1:00 a.m. and 5:30 a.m.

(d) No beer or intoxicating liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D 3A, D 4A, D 5, D 5A, D 5B, D 5C, D 5D, D 5E, D 5F, D 5I, D 5J, D 7, or an A 1 A permit holder between the hours of 2:30 a.m. and 5:30 a.m.

(e) No beer or intoxicating liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D 4, D 5G, or D 5H permit holder between the hours of 1:00 a.m. and 5:30 a.m.

(f) No intoxicating liquor shall be sold, delivered, or be permitted to be consumed on the premises of any permit holder during the hours between 1:00 a.m. on Sunday and Sunday midnight, except on the premises of a D 3A, D 5, D 5A, D 5B, D 5C, D 5D, D 5E, D 5F, D 5I, D 5J, D 7, or an A 1 A permit holder. As to the holders of these excepted classes, no intoxicating liquor shall be sold, delivered, or be permitted to be consumed after 2:30 a.m. on Sunday.

(g) No beer, whether by the package or by the glass, shall be sold, delivered, or be permitted to be consumed on the premises of a permit holder on Sunday between the hours of 1:00 a.m. and 5:30 a.m. except on the premises of a holder of a D 3A permit who is also the holder of a D 1 permit or the holder of a D 5, D 5A, D 5B, D 5C, D 5D, D 5E, D 5F, D 5I, D 5J, D 7, or an A 1 A permit. As to these excepted classes, neither shall sell,

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deliver, or permit beer to be consumed on the premises between the hours of 2:30 a.m. and 5:30 a.m.

(h) The holder of a D 6 permit may sell, deliver, or allow the consumption of intoxicating liquors between the hours of 1:00 p.m. Sunday and Sunday midnight for on or off premises consumption as authorized by its other permits.

(i) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person who is not the holder of a permit issued by the Ohio Division of Liquor Control in force at the time and authorizing the same, shall have in his possession any spiritous liquor in one or more containers which do not have thereon the seal prescribed by the Director of Liquor Control, or any other intoxicating liquor in one or more containers which do not have thereon the seal prescribed by the Board of Liquor Control pursuant to Ohio R.C. Chapters 4301 and 4303, unless such intoxicating liquor was lawfully acquired by him. The possession of such intoxicating liquor in such container is prima facie evidence that it was not lawfully acquired by such person.

529.10 CONVEYING INTOXICATING LIQUOR OR CASH ONTO GROUNDS OF DETENTION FACILITIES OR OTHER INSTITUTIONS.

(a) No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution that is under the control of the Department of Mental Health or the Department of Mental Retardation and Developmental Disabilities, any of the following items:

(1) Any deadly weapon or dangerous ordnance, as defined in Ohio R.C. 2923.11, or any part of or ammunition for use in such deadly weapon or dangerous ordnance.

(b) Division (a) of this section does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution under the control of the Department of Mental Health or the Department of Mental Retardation and Developmental Disabilities, with written authorization of the person in charge of the detention facility or the institution and in accordance with the written rules of the detention facility or the institution.

(c) No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility or to any patient in an institution under the control of the

Department of Mental Health or the Department of Mental Retardation and Developmental Disabilities, any item listed in division (a).

(d) No person shall knowingly deliver or attempt to deliver cash to any person who is confined in a detention facility.

(e) (1) It is an affirmative defense to a charge under division (a)(1) of this section that the weapon or dangerous ordnance in question was being transported in a motor vehicle for any lawful purpose, that it was not on the actor's person, and if the weapon or dangerous ordnance was a firearm, that it was unloaded and was being carried in a closed package, box or case or in a compartment that can be reached only by leaving the vehicle.

(2) It is an affirmative defense to a charge under division (c) of this section that the actor was not otherwise prohibited by law from delivering the item to the confined person or the patient and that either of the following applies:

A. The actor was permitted by the written rules of the detention facility or the institution to deliver the item to the confined person or the patient.

B. The actor was given written authorization by the person in charge of the detention facility or the institution to deliver the item to the confined person or the patient.

(f) (1) Whoever violates division (a)(1) of this section or commits a violation of division (c) of this section involving any item listed in division (a)(1) of this section is guilty of illegal conveyance of weapons onto the grounds of a detention facility or a mental health or mental retardation and developmental disabilities institution, a felony to be prosecuted under appropriate State law.

(2) Whoever violates division (a)(2) of this section or commits a violation of division (c) of this section involving any drug of abuse is guilty of illegal conveyance of drugs of abuse onto the grounds of a detention facility or a mental health or mental retardation and developmental disabilities institution, a felony to be prosecuted under appropriate State law.

(3) Whoever violates division (a)(3) of this section or commits a violation of division (c) of this section involving any intoxicating liquor is guilty of illegal conveyance of intoxicating liquor onto the grounds of a detention facility or a mental health or mental retardation and developmental disabilities institution, a misdemeanor of the second degree.

(4) Whoever violates division (d) of this section is guilty of illegal conveyance of cash onto the grounds of a detention facility, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (d) of this section or a substantially similar state law or municipal ordinance, illegal conveyance of cash onto the grounds of a detention facility is a felony to be prosecuted under appropriate State law.

529.11 SALES OF LOW ALCOHOL BEVERAGES TO UNDERAGE PERSONS; PROHIBITIONS AND MISREPRESENTATIONS.

(a) As used in this section, "underage person" means a person under 18 years of age.

(d) No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low-alcohol beverage for an underage person, by purchase or as a gift.

(e) No underage person shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this Municipality.

(f) No person shall sell or furnish any low-alcohol beverage to, or buy any low-alcohol beverage for, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.

(g) (1) No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming any low-alcohol beverage, unless the low-alcohol beverage is given to the person possessing or consuming it by that person's parent, spouse who is not an underage person, or legal guardian, and the parent, spouse who is not an underage person, or legal guardian is present when the person possesses or consumes the low-alcohol beverage.

(2) An owner of a public or private place is not liable for acts or omissions in violation of division (g)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.

(h) No permit issued by the Division of Liquor Control shall be suspended, revoked, or cancelled because of a violation of either division (f) or (g).

(i) No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he or she is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his or her practice or given for established religious purposes.

(j) No parent, spouse who is not an underage person, or legal guardian of an underage person shall knowingly permit the underage person to violate this section.

(l) Whoever violates division (b) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of division (b) of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed.

(m) Whoever violates subsections (c) through (k) hereof is guilty of a misdemeanor of the fourth degree.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See sectional histories for similar State law

Cost incurred in medical examination or test - see Ohio R.C. 2907.28

Complicity - see GEN. OFF. 501.10

Offensive conduct - see GEN. OFF. 509.03

Telecommunication harassment - see GEN. OFF. 537.10

Criminal trespass - see GEN. OFF. 541.05

Adult entertainment establishments - see BUS. REG. Ch. 785

533.01 DEFINITIONS.

As used in this chapter:

(a) "Harmful to juveniles." Any material or performance is "harmful to juveniles" if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:

(1) It tends to appeal to the prurient interest of juveniles.

(2) It contains a display, description, or representation of sexual activity, masturbation, sexual excitement, or nudity.

(3) It contains a display, description, or representation of bestiality or extreme or bizarre violence, cruelty, or brutality.

(4) It contains a display, description, or representation of human bodily functions of elimination.

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(6) It contains a display, description, or representation in lurid detail of the violent physical torture, dismemberment, destruction, or death of a human being.

(7) It contains a display, description, or representation of criminal activity that tends to glorify or glamorize the activity and that, with respect to juveniles, has a dominant tendency to corrupt.

(1) A. As used in Section 533.14 and in portions of Section 533.11 that pertain to materials that are harmful to juveniles but not obscene, "material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, tape, or other tangible thing capable of arousing interest through sight, sound, or touch and, except as provided in division (c)(1)B. of this section, includes an image or text appearing on a computer monitor or on a television screen, liquid crystal display, or similar display device used as a computer monitor or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar storage device.

B. As used in Section 533.14 and in the portions of Section 533.11 that pertain to materials that are harmful to juveniles but not obscene, both of the following apply:

1. Except as otherwise provided in division (c)(1)B.2. of this section, "material" does not include an image or text that appears on a computer monitor or on a television screen, liquid crystal display, or similar display device used as a computer monitor while the monitor, screen, display, or device is actively connected to a web site on the internet.

2. "Material" includes an image or text that appears on a computer monitor or on a television screen, liquid crystal display, or similar display device used as a computer monitor while the monitor, screen, display, or device is actively connected to a web site on the internet if the image or text is contained in an e mail message or if the image or text is so appearing on the monitor, screen, display, or device during a direct presentation to a specific, known juvenile or group of known juveniles. The image or text is "material" under this division only regarding the application of Section 533.14 and the portions of Section 533.11 that pertain to materials that are harmful to juveniles but not obscene to the person who sends the e-mail message or who directly presents the image or text to the specific, know juvenile or group of known juveniles.

(2) As used in all provisions of this chapter that are not identified in division (c)(1) of this section, "material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, video cassette, laser disc, phonograph record, cassette tape, compact disc, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.

(d) "Mental health client or patient." Has the same meaning as in Ohio R.C. 2305.51.

(e) "Mental health professional." Has the same meaning as in Ohio R.C. 2305.115.

(g) "Nudity." The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

(h) "Obscene." When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply:

(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite.

(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality.

(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose.

(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.

(i) "Performance." Any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.

(j) "Prostitute." A male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.

(l) "Sexual conduct." Vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and,

without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(m) "Sexual contact." Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(n) "Sexual excitement." The condition of human male or female genitals when in a state of sexual stimulation or arousal.

(o) "Spouse." A person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:

(1) When the parties have entered into a written separation agreement pursuant to Ohio R.C. 3103.06.

(2) When an action is pending between the parties for annulment, divorce, dissolution of marriage, or legal separation.

(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.

(a) An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling material or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.11 is presumed to have knowledge of the character of the material or performance involved if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.

(b) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the Municipality. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles, and bear the date of such notice.

(c) Section 533.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of the theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator or projectionist's place of employment, other than wages.

(d) (1) The provisions of Sections 533.11, 533.13(a) and 533.14 do not apply to a person solely because the person provided access or connection to or from a computer facility, system, or network not under that person's control, including having provided transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing access or connection to or from a computer facility, system, or network, and that do not include the creation of the content of the material that is the subject of the access or connection.

(2) Division (d)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of Section 533.11, 533.13 and 533.14 or who knowingly advertises the availability of material of that nature.

(3) Division (d)(1) of this section does not apply to a person who provides access or connection to a computer facility, system, or network that is engaged in the violation of Section 533.11, 533.13 or 533.14 and that contain content that person has selected and placed in or on the facility, system, or network or content over which that person exercises editorial control.

(e) An employer is not guilty of a violation of Section 533.11, 533.13 or 533.14 based on the actions of an employee or agent of the employer unless the employee's or agent's conduct is within the scope of the employee's or agent's employment or agency, and the employer does either of the following:

(1) With knowledge of the employee's or agent's conduct, the employer authorizes or ratifies the conduct.

(f) It is an affirmative defense to a charge under Section 533.11 or 533.14 as the section applies to an image transmitted through the internet that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.

(a) No person who is 18 years of age or older shall engage in sexual conduct with another who is not the spouse of the offender, when the offender knows the other person is 13 years of age or older but less than 16 years of age, or the offender is reckless in that regard.

(b) Whoever violates this section is guilty of unlawful sexual conduct with a minor.

(1) Except as otherwise provided in division (b)(2), unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate State law.

(2) Except as otherwise provided in division (b)(3) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.

(3) If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2907.02, 2907.03 or 2907.04, or any substantially similar municipal ordinance, or a violation of former Ohio R.C. 2907.12, or any substantially similar municipal ordinance, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate State law.

(a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.

(2) The offender knows that the other person's, or one of the other person's ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.

(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.

(4) The other person, or one of the other persons, is 13 years of age or older but less than 16 years of age, whether or not the offender knows the age of the person, and the offender is at least 18 years of age and four or more years older than the other person.

(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

(b) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.

(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender has been convicted previously of a violation of this section, Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former Ohio R.C. 2907.12, or a substantially similar state law or municipal ordinance, a violation of this section is a misdemeanor of the first degree.

Notice to licensing board or agency upon indictment, conviction or guilty plea of

(Editor's note: This section, formerly based on R.C. § 2907.07, was repealed because the underlying misdemeanor offense (importuning - solicitation of a person of the same sex to engage in sexual activity with the offender, when the offender knows the solicitation is offensive to the other person, or is reckless in that regard) was held unconstitutional in State v. Thompson, 767 N.E.2d 251 (Ohio 2002) (holding that the statute imposed an unconstitutional content-based restriction on speech). For felony provisions, see R.C. § 2907.07(A), (C), (D) and (E).)

(a) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.

(b) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another to photograph the other person in a state of nudity.

(c) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another to photograph the other person in a state of nudity if the other person is a minor.

(d) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise surreptitiously invade the privacy of another to photograph the other person in a state of nudity if the other person is a minor and any of the following applies:

(1) The offender is the minor's natural or adoptive parent, step-parent, guardian or custodian, or person in loco parentis of the minor.

(2) The minor is in custody of law or is a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the minor.

(3) The offender is a teacher, administrator, coach or other person in authority employed by or serving in a school for which the State Board of Education prescribes minimum standards pursuant to Ohio R.C. 3301.07(D), the minor is enrolled in or attends that school, and the offender is not enrolled in or does not attend that school.

(4) The offender is a teacher, administrator, coach or other person in authority employed by or serving in an institution of higher education, and the minor is enrolled in or attends that institution.

(5) The offender is a caregiver, administrator or other person in authority employed by or serving in a child day-care center, Type A family day-care home, or Type B family day-care home, and the minor is enrolled in or attends that center or home.

(6) The offender is the minor's athletic or other type of coach, is the minor's instructor, is the leader of a scouting troop of which the minor is a member, provides babysitting care for the minor, or is a person with temporary or occasional disciplinary control over the minor.

(e) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person under or through the clothing being worn by that person for the purpose of viewing the body of, or the undergarments worn by, that other person.

(1) A violation of division (a) of this section is a misdemeanor of the third degree.

(2) A violation of division (b) of this section is a misdemeanor of the second degree.

(3) A violation of division (c) or (e) of this section is a misdemeanor of the first degree.

(4) A violation of division (d) of this section is a felony to be prosecuted under appropriate State law.

(1) "Babysitting care" means care provided for a child while the parents, guardians, or legal custodians of the child are temporarily away.

(2) "Child day-care center," "type A family day-care home" and "type B family day-care home" have the same meanings as in Ohio R.C. 5104.01.

(3) "Institution of higher education" means a State institution of higher education as defined in Ohio R.C. 3345.031, a private nonprofit college or university located in this State that possesses a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713, or a school certified under Ohio R.C. Chapter 3332.

(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be viewed by and affront others, not members of his or her household:

(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

(b) Whoever violates this section is guilty of public indecency. Except as otherwise provided in this division, public indecency is a misdemeanor of the fourth degree.

(1) If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially similar state law or municipal ordinance, public indecency is a misdemeanor of the third degree.

(2) If the offender previously has been convicted of or pleaded guilty to two violations of this section or a substantially similar state law municipal ordinance, public indecency is a misdemeanor of the second degree.

(3) If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or a substantially similar state law or municipal ordinance, public indecency is a misdemeanor of the first degree.

(2) Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.

(b) No person, having authority or responsibility over the use of premises, shall knowingly permit the premises to be used for the purpose of engaging in sexual activity for hire.

(a) No person shall solicit another to engage with the other person in sexual activity for hire.

(b) Whoever violates this section is guilty of soliciting, a misdemeanor of the third degree.

Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.24(B)

(a) No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:

(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;

(4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;

A. A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.

B. A doorway or entrance way to a building that fronts on a place described in division (1)A. of this definition.

C. A place not described in division (1)A. or (1)B. of this definition that is open to the public.

(b) Whoever violates this section is guilty of prostitution, a misdemeanor of the third degree.

Offenders with knowledge that they test HIV positive, felony, see Ohio R.C. 2907.25(B)

(a) No person, with knowledge of its character or content, shall recklessly do any of following:

(1) Sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile any material or performance that is obscene or harmful to juveniles;

(2) Offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile any material or performance that is obscene or harmful to juveniles;

(3) Allow any juvenile to review or peruse any material or view any live performance that is harmful to juveniles.

(b) The following are affirmative defenses to a charge under this section that involves material or a performance that is harmful to juveniles but not obscene:

(2) The juvenile involved, at the time of the conduct in question, was accompanied by his or her parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.

(3) The juvenile exhibited to the defendant or his or her agent or employee a draft card, driver's license, birth record, marriage license, or other official or apparently official document purporting to show that the juvenile was 18 years of age or over or married, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of 18 and unmarried.

(c) (1) It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial, or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergy, prosecutor, judge, or other proper person.

(2) Except as provided in division (b)(3) of this section, mistake of age is not a defense to a charge under this section.

(d) Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, violation of this section is a felony to be prosecuted under appropriate State law.

(EDITOR'S NOTE: Section 533.12 was repealed as part of the 1997 updating and revision of these Codified Ordinances because a violation of substantially identical Stat law (Ohio R.C. 2907.32) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 2, effective July 1, 1996.)

(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:

(1) Falsely represent that he or she is the parent, guardian, or spouse of the juvenile.

(2) Furnish the juvenile with any identification or document purporting to show that the juvenile is 18 years of age or over or married.

(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:

(2) Exhibit any identification or document purporting to show that he or she is 18 years of age or over or married.

(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates division (b) of this section shall be adjudged an unruly child, with the disposition of the case as may be appropriate under Ohio R.C. Chapter 2151.

(a) No person who has custody, control, or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.

(b) It is not a violation of division (a) of this section if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.

(c) Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense.

(EDITOR'S NOTE: Section 533.15 was repealed as part of the 1997 revision of these Codified Ordinances because a violation of substantially identical State law (Ohio R.C. 2907.322 and 2907.323) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 2, effective July 1, 1996.)

(a) If a person is charged with a violation of Section 533.03, 533.04, 533.05, 533.09 or 533.10, the arresting authorities or a court shall cause the accused to be examined by a physician to determine if the accused is suffering from a venereal disease.

If the accused is found to be suffering from a venereal disease in an infectious stage, he or she shall be required to submit to medical treatment for that disease. If the accused is convicted of or pleads guilty to the offense with which he or she is charged and is placed

on probation, a condition of probation shall be that the offender submit to and faithfully follow a course of medical treatment for the venereal disease.

(b) Notwithstanding the requirements for informed consent in Ohio R.C. 3701.242, if a person is charged with a violation of Section 533.03, 533.04, 533.05, 533.09 or 533.10, the court shall cause the accused to be examined by a physician, who shall perform or order the performance of one or more tests designated by the Ohio Director of Health under Ohio R.C. 3701.241 to determine if the accused is a carrier of a virus that causes acquired immunodeficiency syndrome. The results of the test shall be communicated in confidence to the court, and the court shall inform the victim that the test was performed and that the victim has a right to receive the results on request. If the accused tests positive for a virus that causes acquired immunodeficiency syndrome, the test results shall be reported to the Ohio Department of Health in accordance with Ohio R.C. 3701.24 and to the County Sheriff, head of the State penal or reformatory institution, or other person in charge of any jail or prison in which the accused is incarcerated. No other disclosure of the test results or the fact that a test was performed shall be made. If the test result is negative and the charge has not been dismissed, or if the accused has been convicted of the charge or a different offense arising out of the same circumstances as the offense charged, the court shall order that the test be repeated not earlier than three months nor later than six months after the original test.

Neither the fact that the accused was given a test for a virus that causes acquired immunodeficiency syndrome, nor the results of the test, shall be admitted in evidence over the objection of the accused in a prosecution for any offense listed in this section or a different offense arising out of the same circumstances as the offense charged.

Any cost incurred by a hospital or other emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of Section 533.03, 533.04, 533.05, 533.09 or 533.10, pursuant to Section 533.16 (b) shall be charged to and paid by the accused, unless the court determines that the accused is unable to pay, in which case it shall be charged to and paid by the City.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See section histories for similar State law

"Physical harm to persons" defined see GEN. OFF. 501.01

Fighting; provoking violent response - see GEN. OFF. 509.03

Sex related offenses see GEN. OFF. Ch. 533

537.001 DEFINITIONS.

(a) As used in this chapter and any other provision of these Codified Ordinances:

(1) "Another's unborn" or "other person's unborn." A member of the species Homo sapiens who is or was carried in the womb of another during a period that begins with fertilization and that continues unless and until live birth occurs.

(2) "Unlawful termination of another's pregnancy." Causing the death of an unborn member of the species Homo sapiens who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.

2001 Replacement

(b) Notwithstanding division (a) of this section, in no case shall the definitions of the terms "another's unborn," "other person's unborn" and "unlawful termination of another's pregnancy" that are set forth in division (a) of this section be applied or construed in any of the following manners:

(1) Except as otherwise provided in division (b)(1) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as any violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or a substantially similar municipal ordinance, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate Ohio R.C. 2919.12, 2919.13(B), 2919.151, 2919.17 or 2919.18, or a substantially similar municipal ordinance, may be punished as a violation of such section, as applicable.

(2) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:

B. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.

C. Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.

D. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.

E. Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.

(a) No person shall negligently cause the death of another or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance, as defined in Ohio R.C. 2923.11.

(b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.

(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another's pregnancy in any of the following ways:

(1) As the proximate result of committing a violation of Ohio R.C. 4511.19(A) or of a substantially equivalent municipal ordinance;

(4) As the proximate result of committing a violation of any provision of any section contained in Ohio R.C. Title 45 that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Ohio R.C. Title 45 that is a minor misdemeanor.

(b) (1) Whoever violates division (a)(1) or (2) of this section is guilty of aggravated vehicular homicide, a felony to be prosecuted under appropriate State law.

(2) A. Whoever violates division (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide is a felony to be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or revocation imposed under Ohio R.C. Chapter 4507, or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.

B. In addition to any other sanctions imposed, the court shall suspend the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of one to five years pursuant to Ohio R.C. 4507.16 or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, for a definite period of two to ten years pursuant to Ohio R.C. 4507.16.

(3) A. Whoever violates division (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension imposed under Ohio R.C. Chapter 4507 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.

B. In addition to any other sanctions imposed, the court shall suspend the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of three months to two years pursuant to Ohio R.C. 4507.16 or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, for a definite period of one to five years pursuant to Ohio R.C. 4507.16.

(c) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a felony violation of this section, as provided in Ohio R.C. 2903.06(C).

B. "Traffic-related homicide, manslaughter, or assault offense" means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07, or 2903.08 as they existed prior to March 23, 2000.

(2) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of this or another state or the United States.

Trial court to suspend or revoke driver's license, see Ohio R.C. 4507.16 and 4507.163

(a) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.

(b) No person shall recklessly cause serious physical harm to another or to another's unborn.

(c) Whoever violates division (a) or (b) of this section is guilty of assault. Except as provided in Ohio R.C. 2903.13(C), assault is a misdemeanor of the first degree.

Felony offenses: assaulting functionally impaired person, peace officer, firefighter,

person performing emergency medical service, officer or employee of a public children

services agency or private child placing agency; assault at a correctional institution;

Persons who may seek relief under anti-stalking protection order; ex parte orders, see

(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Ohio R.C. 2923.11, cause physical harm to another or to another's unborn.

(b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.

(a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, such other person's unborn, or a member of such other person's immediate family.

(b) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division (b), aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony to be prosecuted under appropriate State law or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the

victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony to be prosecuted under appropriate State law.

(a) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.

(b) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division (b), menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony to be prosecuted under appropriate State law.

(1) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.

(2) Whoever violates division (a)(1) of this section is guilty of menacing by stalking.

A. Except as otherwise provided in divisions (a)(2)B. and (a)(2)C. of this section, menacing by stalking is a misdemeanor of the first degree.

B. Menacing by stalking is a felony, to be prosecuted under appropriate State law, if any of the following applies:

1. The offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2903.211 or a violation of Ohio R.C. 2911.211, or a substantially similar municipal ordinance to either of these offenses.

2. In committing the offense, the offender made a threat of physical harm to or against the victim.

3. In committing the offense, the offender trespassed on the land or premises where the victim lives, is employed, or attends school.

5. The offender has a history of violence towards the victim or any other person or a history of other violent acts towards the victim or any other person.

6. While committing the offense, the offender had a deadly weapon on or about the offender's person or under the offender's control.

7. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or Ohio R.C. 2903.214, regardless of whether or not the person to be protected under the order is the victim of the offense or another person.

8. In committing the offense, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises.

9. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious harm, or other evidence of then-present dangerousness.

10. The victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties.

11. The offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties.

(3) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section.

A. "Emergency facility person" is the singular of "emergency facility personnel" as defined in R.C. § 2909.04

B. "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in Ohio R.C. 2133.21.

C. "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.

D. "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's, firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity may constitute a "pattern of conduct."

(b) Protection Order. Consult Ohio R.C. 2903.213 for current provisions regarding protection orders, consent agreements, anti-stalking protection orders and orders issued by a court of another state.

(c) Violating a protection order, consent agreement, anti-stalking protection order or order issued by a court of another state.

A. A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or Ohio R.C. 3113.31;

B. A protection order issued pursuant to Ohio R.C. 2903.213 or Ohio R.C. 2903.214;

(2) Whoever violates division (c) of this section is guilty of violating a protection order.

A. If the offense involves a violation of division (c)(1)A. or (c)(1)C. of this section, one of the following applies:

1. Except as otherwise provided in division (c)(2)A.2. of this section, violating a protection order is a misdemeanor of the first degree.

2. If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 2903.211 or 2911.211, or a substantially similar state law or municipal ordinance, that involved the same person who is the subject of the protection order or consent agreement, or previously has been convicted of or pleaded guilty to one or more violations of this section or a substantially similar state law or municipal ordinance, violating a protection order is a felony to be prosecuted under appropriate State law.

B. If the offense involves a violation of division (c)(1)B. of this section, one of the following applies:

1. Except as otherwise provided in division (c)(2)B.2. of this section, violating a protection order is a misdemeanor of the first degree.

2. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a prior version of this section, Ohio R.C. 2919.27 and/or of former Ohio R.C. 2919.27 involving a protection order issued pursuant to Ohio R.C. 2903.213 or Ohio R.C. 2903.214, two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211, or a substantially similar state law or municipal ordinance, that involved the same person who is the subject of the protection order, or two or more violations of Ohio R.C. 2903.214 as it existed prior to July 1, 1996, violating a protection order is a felony to be prosecuted under appropriate State law.

(3) It is an affirmative defense to a charge under division (c)(1)C. of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith a credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).

(4) As used in this section, "protection order issued by a court of another state" means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. The term does not include an order for support or for custody of a child.

(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under 18 years of age or a mentally or physically disabled child under 21 years of age, shall create a substantial risk to the health or safety of the child by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

(b) No person shall do any of the following to a child under 18 years of age or a mentally or physically disabled child under 21 years of age:

(3) Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.

(4) Repeatedly administer unwarranted disciplinary measures to a child when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child's mental health or development.

(5) Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter.

(c) No person shall operate a vehicle, as defined by Ohio R.C. 4511.01, within the Municipality and in violation of Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance, when one or more children under 18 years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance, that constitutes the basis of the charge of the violation of this division. For purposes of Ohio R.C. 4511.191 and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine.

(d) (1) Division (b)(5) of this section does not apply to any material or performance that is produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursing bona fide studies for research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.

(2) Mistake of age is not a defense to a charge under division (b)(5) of this section.

(3) In a prosecution under division (b)(5) of this section, the trier of fact may infer that an actor, model, or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the actor, model, or participant as a juvenile.

A. "Material," "performance," "obscene," and "sexual activity" have the same meanings as in Ohio R.C. 2907.01.

B. "Nudity-oriented matter" means any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to the prurient interest.

C. "Sexually oriented matter" means any material or performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality.

(1) If the offender violates division (a) or (b)(1) of this section, endangering children is one of the following:

A. Except as otherwise provided in division (e)(1)B., C., or D., a misdemeanor of the first degree.

B. If the offender previously has been convicted of an offense under this section or a substantially similar state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(1)C. or D. of this section, endangering children is a felony to be prosecuted under appropriate State law.

C. If the violation is a violation of division (a) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate State law.

D. If the violation is a violation of division (b)(1) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate State law.

(2) If the offender violates division (b)(2), (3), (4) or (5) of this section, endangering children is a felony to be prosecuted under appropriate State law.

(3) If the offender violates division (c) of this section, the offender shall be punished as follows:

A. Except as provided in (e)(3)B. or C., endangering children in violation of division (c) of this section is a misdemeanor of the first degree.

B. If the violation results in serious physical harm to the child or if the offender previously has been convicted of a violation of this section or a substantially similar state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(3)C. of this section, endangering children in violation of division (c) of this section is a felony to be prosecuted under appropriate State law.

C. If the violation results in serious physical harm to the child and if the offender previously has been convicted of a violation of this section, Ohio R.C. 2903.06, 2903.08, 2919.22(C) or former Ohio R.C. 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04, in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (c) of this section is a felony to be prosecuted under appropriate State law.

D. In addition to any term of imprisonment, fine, or other sentence, penalty or sanction it imposes upon the offender pursuant to divisions (e)(3)A., B. or C. of this section or pursuant to any other provision of law, the court may also impose upon the offender one or both of the following sanctions:

1. It may require the offender, as part of his or her sentence and in the manner described in Ohio R.C. 2919.22(F), to perform not more than 200 hours of supervised community service work under the authority of any agency, political subdivision, or charitable organization of the type described in Ohio R.C. 2951.02(F)(1), provided that the court shall not require the offender to perform supervised community service work under this division unless the offender agrees to perform the supervised community service work.

2. It may suspend the driver's license or commercial driver's license or permit or nonresident operating privilege of the offender for up to 90 days, in addition to any suspension or revocation of the offender's driver's license or commercial driver's license or permit or nonresident operating privilege under Ohio R.C. Chapter 4506, 4507, 4509 or 4511, or any other provision of law.

E. In addition to any term of imprisonment, fine, or other sentence, penalty or sanction imposed upon the offender pursuant to division (e)(3)A., B., C. or D. of this section or pursuant to any other provision of law for the violation of division (c) of this section, if as a part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of Ohio R.C.

4511.19(A), or a substantially similar municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, the offender also shall be sentenced in accordance with Ohio R.C. 4511.99, or a substantially similar municipal ordinance, and also shall be subject to all other sanctions that are required or authorized by any provision of law for that violation of Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance.

(f) (1) If a person violates division (c) of this section and if, at the time of the violation, there were two or more children under 18 years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (c) of this section for each of the children, but the court may sentence the offender for only one of the violations.

(2) A. If a person is convicted of or pleads guilty to a violation of division (c) of this section but the person is not also convicted of and does not also plead guilty to a separate charge of violating Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, both the following apply:

1. For purposes of the provisions of Ohio R.C. 4511.99, or a substantially similar municipal ordinance, that set forth the penalties and sanctions for a violation of Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance, the conviction of or plea of guilty to the violation of division (c) of this section shall not constitute a violation of Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance.

2. For purposes of the provisions of law that refers to a conviction of or plea of guilty to a violation of Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance, and that is not described in division (f)(2)A.1. of this section, the conviction of or plea of guilty to the violation of division (c) of this section shall constitute a conviction or plea of guilty to a violation of Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance.

B. If a person is convicted of or pleads guilty to a violation of division (c) of this section and the person also is convicted of or pleads guilty to a separate charge of violating Ohio R.C. 4511.19(A), or a substantially similar municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, the conviction of or plea of guilty

to the violation of division (c) of this section shall not constitute, for the purposes of any provision of law that refers to a conviction of or a plea of guilty to a violation of Ohio R.C. 4511.19(A) or a substantially similar municipal ordinance, a conviction of or a plea of guilty to a violation of Ohio R.C. 4511.19(A) or a substantially similar municipal ordinance.

(a) No person, without privilege to do so, shall knowingly restrain another of his or her liberty.

(b) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.

(a) No person, with purpose to coerce another into taking or refraining from action concerning which he or she has a legal freedom of choice, shall do any of the following:

(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage his or her personal or business repute, or to impair his or her credit.

(5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.

(b) Divisions (a)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:

(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44.

(2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which he or she is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence.

(3) Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his or her offense.

(c) It is an affirmative defense to a charge under division (a)(3), (4), or (5) of this section that the actor's conduct was a reasonable response to the circumstances which occasioned it, and that his or her purpose was limited to:

(1) Compelling another to refrain from misconduct or to desist from further misconduct.

(3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified.

(4) Compelling another to take action which the actor reasonably believed the other person to be under a duty to take.

(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.

(e) As used in this section, "threat" includes a direct threat and a threat by innuendo.

(a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person's control, to another, if the caller does any of the following:

(1) Fails to identify the caller to the recipient of the telecommunication and makes the telecommunication with purpose to harass or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient.

(2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made.

(3) During the telecommunication, violates Ohio R.C. 2903.21 or a substantially similar municipal ordinance.

(4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged.

(5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.

(b) No person shall make or cause to be made a telecommunication or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person.

(2) A violation of division (a)(1), (2), (3) or (5) or (b) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, which shall be prosecuted under appropriate State law.

(3) Except as otherwise provided in this division (c)(3), a violation of division (a)(4) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, to be prosecuted under appropriate State law. If a violation of division (a)(4) of this section results in economic harm of five hundred dollars ($500.00) or more, telecommunications harassment is a felony to be prosecuted under appropriate State law.

(d) No cause of action may be assessed in any court of this Municipality against any provider of a telecommunications service or information service, or against any officer, employee, or agent of a telecommunications service or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service or information service, or an officer, employee, or agent of a telecommunications service or information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employees, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.

(1) "Caller" means the person described in division (a) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person's control.

(2) "Economic harm" means all direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. The term includes but is not limited to all of the following:

A. All wages, salaries or other compensation lost as a result of the criminal conduct;

B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;

C. The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;

D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

(4) "Telecommunication" and "telecommunications device" have the same meanings as in Ohio R.C. 2913.01.

(f) Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the "Fair Debt Collection Practices Act," 15 U.S.C. 1692, as amended, or the "Telephone Consumer Protection Act," 47 U.S.C. 227, as amended.

(a) No person shall, while communicating with any other person over a telephone, threaten to do bodily harm or use or address to such other person any words or language of a lewd, lascivious, or indecent character, nature, or connotation for the sole purpose of annoying such other person; nor shall any person telephone any other person repeatedly or cause any person to be telephoned repeatedly for the sole purpose of harassing or molesting such other person or his or her family. Any use, communication, or act prohibited by this division (a) may be deemed to have occurred or to have been committed at either the place at which the telephone call was made or was received.

(b) Whoever violates division (a) of this section is guilty of a misdemeanor of the third degree.

(a) No person shall willfully refuse immediately to yield or relinquish the use of a party line to another person for the purpose of permitting such other person to report a fire or summon law enforcement agencies, ambulance service, medical or other aid in case of emergency.

(b) No person shall ask for or request the use of a party line on the pretext that an emergency exists, knowing that no emergency exists.

(1) "Party line" means a subscriber's line telephone circuit to which two or more main telephone stations are connected, each station having a distinctive ring or telephone number.

(2) "Emergency" means a situation in which property or human life is in jeopardy and in which prompt summoning of aid is essential.

(d) Whoever violates this section is guilty of a misdemeanor of the third degree.

(a) No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:

(1) Place a pin, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection.

(2) Furnish to any person any food or confection which has been adulterated in violation of division (a)(1) of this section.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree.

(a) Definition. As used in this section: "attempt" means an endeavor to accomplish the leading, taking, carrying, decoying, or enticing beyond mere preparation, but falling short of execution of the ultimate design or any part of it.

(1) Annoy, disturb, or make indecent advances to a child under the age of sixteen years;

(2) Lead or attempt to lead, take, carry, decoy, or entice away a child under the age of sixteen years without just cause or without the authority of any person having lawful charge or custody of such child, with intent to detain or conceal such child from its parent, guardian or other person having the lawful charge or custody thereof; or

(3) Knowingly harbor or conceal a child so led, taken, carried, decoyed or enticed away.

(c) Intent to Detain or Conceal. It shall be prima facie evidence of an intent to detain or conceal as used in subsection (b) hereof when any person leads, takes, carried, decoys or entices a child under sixteen years of age into an automobile, inhabited or uninhabited dwelling, wooded area, vacant lot or any other location where such a child could be concealed or detained.

(d) Misdemeanor Classification. Whoever violates this section is guilty of a misdemeanor of the first degree.

(1) "Child" means any person who is under the age of eighteen and is residing with a parent.

(2) "Parent" means mother, father, legal guardian or any other person having the care or custody of a child.

(3) "Act of delinquency" means an act which violates the laws of the State, the United States or any ordinance or regulation of a political subdivision of the State which would be a crime if committed by an adult, excluding, however, traffic violations.

(4) "Juvenile traffic offense" means a violation of any traffic law, traffic ordinance or regulation of the State, the United States or any political subdivision of the State committed by a child.

(5) "Habitual offender" means a child who commits two acts of delinquency or four or more juvenile traffic violations, as determined by juvenile court proceedings, within a twelve-month period.

(b) No parent of any child shall fail to exercise reasonable parental control which results in the child committing any act of delinquency or juvenile traffic offense.

(c) Whenever a child is arrested for the commission of an act of delinquency or juvenile traffic offense within the City, the parent of such minor shall be immediately notified by the Police Division, advised of such arrest, the reason therefor and his or their responsibility under this section. A record of such notifications shall be kept by the Division.

(a) No person shall manufacture, possess for sale or distribution, advertise or hold himself out as possessing for sale or distribution, or sell or distribute any drug, medicine, instrument or thing, when any of the following apply:

(1) The offender knows or has reasonable cause to believe that such drug, medicine, instrument or thing is capable of causing an abortion and is used primarily for that purpose.

(2) The offender knows or has reasonable cause to believe that the person to whom he sells or distributes such drug, medicine, instrument or thing intends to use it to cause an abortion.

(3) The offender directly or indirectly represents that such drug, medicine, instrument or thing is effective in causing an abortion, regardless of whether it is effective as represented.

(b) This section does not prohibit a manufacturer or distributor of drugs or surgical supplies, or a pharmacist or physician, from lawfully manufacturing, possessing, selling or distributing, in the usual course of his business or profession, any drug, medicine, instrument or thing intended for any lawful medical purpose, including an abortion permitted under Ohio R.C. 29291.11

(a) (1) Except as provided in division (a)(3) of this section, no physician shall perform or induce or attempt to perform or induce an abortion upon a pregnant woman after the beginning of her twenty second week of pregnancy unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in good faith and in the exercise of reasonable medical judgment, that the unborn human is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing the performing of gestational age, weight, lung maturity or other tests of the unborn human that a reasonable physician making a determination as to whether an unborn human is or is not viable would perform or cause to be performed.

(2) Except as provided in division (a)(3) of this section, no physician shall perform or induce or attempt to perform or induce an abortion upon a pregnant woman after the beginning of her twenty second week of pregnancy without first entering the determination described in division (a)(1) of this section and the associated findings of the medical examination and tests described in that division in the medical record of the pregnant woman.

(3) Divisions (a)(1) and (a)(2) of this section do not prohibit a physician from performing or inducing or attempting to perform or induce an abortion upon a pregnant woman after the beginning of her twenty second week of pregnancy without making the determination described in division (a)(1) of this section or without making the entry described in divisions (a)(2) of this section if a medical emergency exists.

(b) Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.

a. A spouse, a person living as a spouse as defined below, or a former spouse of the offender;

b. A parent or a child of the offender, or another person related by consanguinity or affinity to the offender;

c. A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.

2. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.

B. "Person living as a spouse." A person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.

(2) No person shall knowingly cause or attempt to cause physical harm to a family or household member.

(3) No person shall recklessly cause serious physical harm to a family or household member.

(4) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

(5) Whoever violates this section is guilty of domestic violence. Except as otherwise provided in this division, a violation of division (a)(4) is a misdemeanor of the fourth degree and a violation of division (a)(2) or (a)(3) is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of domestic violence, of a violation of a municipal ordinance that is substantially similar to domestic violence, of a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211, 2903.22, 2911.211 or 2919.22 involving a person who was a family or household member at the time of the violation, or of a violation of a municipal ordinance, a law of the United States or of any other state, or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to one of those sections involving a person who was a family or household member at the time of the violation, a violation of division (a)(2) or (a)(3) is a felony to be prosecuted under appropriate State law. A violation of division (a)(4) is a misdemeanor of the third degree.

(b) Temporary Protection Order. Consult Ohio R.C. 2919.26 for current provisions regarding protection orders.

(c) Violating a protection order, consent agreement, anti-stalking protection order or order issued by a court of another state. See Section 537.065(c) for current provisions.

(1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or Ohio R.C. 3113.31;

(2) A protection order issued pursuant to Ohio R.C. 2903.213 or Ohio R.C. 2903.214;

(1) If the offense involves a violation of division (a)(1) or (a)(3) of this section, one of the following applies:

A. Except as otherwise provided in division (b)(1)B. of this section, violating a protection order is a misdemeanor of the first degree.

B. If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 2903.211 or 2911.211, or a substantially similar state law or municipal ordinance, that involved the same person who is the subject of the protection order or consent agreement,

or previously has been convicted of or pleaded guilty to one or more violations of this section or a substantially similar state law or municipal ordinance, violating a protection order is a felony to be prosecuted under appropriate State law.

(2) If the offense involves a violation of division (a)(2) of this section, one of the following applies:

A. Except as otherwise provided in division (b)(2)B. of this section, violating a protection order is a misdemeanor of the first degree.

B. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a prior version of this section, Ohio R.C. 2919.27 and/or of former Ohio R.C. 2919.27 involving a protection order issued pursuant to Ohio R.C. 2903.213 or Ohio R.C. 2903.214, two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211, or a substantially similar state law or municipal ordinance, that involved the same person who is the subject of the protection order, or two or more violations of Ohio R.C. 2903.214 as it existed prior to July 1, 1996, violating a protection order is a felony to be prosecuted under appropriate State law.

(c) It is an affirmative defense to a charge under division (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith a credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).

(d) As used in this section, "protection order issued by a court of another state" means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. The term does not include an order for support or for custody of a child.

(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under 14 years of age to accompany the person in any manner, including entering into any vehicle as defined in Ohio R.C. 4501.01, whether or not the offender knows the age of the child, if both of the following apply:

(1) The actor does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity.

(2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of, any board of education, or the actor is any such person, but at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity.

(b) It is an affirmative defense to a charge under division (a) of this section that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.

(c) Whoever violates this section is guilty of criminal child enticement, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, a substantially similar state law or municipal ordinance, Ohio R.C. 2907.02, 2907.03, or former Ohio R.C. 2907.12, or Ohio R.C. 2905.01 or 2907.05 when the victim of that prior offense was under 17 years of age at the time of the offense, criminal child enticement is a felony to be prosecuted under appropriate State law.

(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Concert." A musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. A "concert" does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.

(2) "Facility." Any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including, but not limited to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.

(3) "Live entertainment performance." Any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. A "live entertainment performance" does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.

(4) "Person." Includes, in addition to an individual or entity specified in Ohio R.C. 1.59(C), any governmental entity.

185 Offenses Relating to Persons 537.20

(5) "Restricted entertainment area." Any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstiles or similar devices.

(b) (1) No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:

A. A live entertainment performance that is not exempted under division (d) of this section, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public;

B. A concert that is not exempted under division (d) of this section and for which more than 3,000 tickets are offered to the public.

(2) No person shall advertise any live entertainment performance as described in division (b)(1)A. of this section or any concert as described in division (b)(1)B. of this section, unless the advertisement contains the words "Reserved Seats Only."

(c) Unless exempted by division (d)(1) of this section, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under division (e) of this section for a minimum of 90 minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.

(d) (1) A live entertainment performance, other than a concert, is exempted from the provisions of divisions (b) and (c) of this section if both of the following apply:

A. The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstiles or similar devices are used, has at least eight turnstiles or similar devices.

B. The eight entrances or, if applicable, the eight turnstiles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.

(2) A. The officer responsible for public safety in the Municipality may, upon application of the sponsor of a concert covered by division (b) of this section, exempt the concert from the provisions of that division if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of that division. In determining whether to grant an exemption, the officer shall consider the following factors:

1. The size and design of the facility in which the concert is scheduled;

2. The size, age and anticipated conduct of the crowd expected to attend the concert;

2001 Replacement

If the sponsor of any concert desires to obtain an exemption under this division, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five day. after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.

B. If an official grants an exemption under division (d)(2)A. of this section, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

(3) Notwithstanding division (d)(2) of this section, in the case of a concert held in a facility located on the campus of an educational institution covered by Ohio R.C. 3345.04, a state university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall do both of the following:

A. Exercise the authority to grant exemptions provided by division (d)(2)A. of this section in lieu of an official designated in that division;

B. If the officer grants an exemption under division (d)(3)A. of this section, designate an on-duty state university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

(e) (1) Unless a live entertainment performance is exempted by division (d)(1) of this section, the officer responsible for public safety within the Municipality shall designate, for purposes of division (c) of this section, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.

(2) Notwithstanding division (e)(1) of this section, a state university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by Ohio R.C. 3345.04.

(f) No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.

(g) (1) This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.

(2) This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.

(h) This section does not prohibit the Council from imposing additional requirements, not in conflict with the section, for the promotion or holding of live entertainment performances.

(i) Whoever violates division (b), (c) or (f) of this section is guilty of a misdemeanor of the first degree. If any individual suffers physical harm to his or her person as a result of a violation of this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.

(a) No person shall violate Ohio R.C. 2903.21, 2903.22, 2909.06, or 2909.07, or Ohio R.C. 2917.21(A)(3), (4), or (5), or any substantially similar municipal ordinance to any of these sections, by reason of the race, color, religion, or national origin of another person or group of persons.

(b) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation. In the case of an offense that is a misdemeanor of the first degree, ethnic intimidation is a felony to be prosecuted under appropriate state law.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See sectional histories for similar State law

Parents' liability for destruction acts of their children - see Ohio R.C. 3109.09

Physical harm to property defined - see GEN. OFF. 501.01

Damage to sidewalks - see GEN. OFF. 521.04

541.01 DETERMINING PROPERTY VALUE IN ARSON.

(a) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of Section 541.02:

(1) If the property is an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.

(2) If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.

(3) If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.

2001 Replacement

(b) As used in this section, "fair market value" has the same meaning as in Ohio R.C. 2913.61.

(c) Prima facie evidence of the value of property, as provided in Ohio R.C. 2913.61(D), may be used to establish the value of property pursuant to this section.

(a) No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any property of another without the other person's consent.

(b) Whoever violates this section is guilty of arson. Except as otherwise provided in this division, violation of this section is a misdemeanor of the first degree. If the value of the property or the amount of physical harm involved is five hundred dollars ($500.00) or more, then the violation is a felony to be prosecuted under appropriate State law.

Convicted arsonist to make restitution to public agency, see Ohio R.C. 2929.28

(a) No person shall cause or create a substantial risk of physical harm to any property of another without the other person's consent:

(2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.

(b) Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person, criminal damaging or endangering is a felony to be prosecuted under appropriate State law. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other

equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal damaging or endangering is a felony to be prosecuted under appropriate State law.

(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another;

(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed, or that tends to cause public alarm;

(3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;

(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;

(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land.

(b) As used in this section, "safety device" means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.

(c) Whoever violates this section is guilty of criminal mischief, a misdemeanor of the third degree. If violation of this section creates a risk of physical harm to any person, criminal mischief is a misdemeanor of the first degree. If the property involved in violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation creates a risk of physical harm to any person, criminal mischief is a felony to be prosecuted under appropriate State law. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal damaging or endangering is a felony to be prosecuted under appropriate State law.

(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows he or she is in violation of any such restriction or is reckless in that regard;

(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either.

(b) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.

(c) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when the authorization was secured by deception.

(d) Whoever violates division (a) of this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

(e) As used in this section, "land" or "premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.

(a) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him or her.

(b) Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.

(a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.

(b) In addition to the penalty provided in division (c) of this section, whoever violates this section is liable in treble damages for the injury caused.

(a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:

(3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing or site of great historical or archeological interest;

(4) A place of worship, its furnishings, or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located;

(b) As used in this section, "cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.

(c) Whoever violates this section is guilty of desecration. A violation of division (a)(1), (2), (3), (5) or (6) of this section is a misdemeanor of the second degree. A violation of division (a)(4) of this section is a felony to be prosecuted under appropriate State law.

A reward of fifty dollars ($50.00) shall be paid from the General Fund to any person providing information leading to the conviction of any person maliciously, wantonly or mischievously injuring, interfering with or destroying any property whatever owned by the City or under the control or responsibility of the City pursuant to lease or contract. If more than one person gives information leading to a conviction for such offense, the reward of fifty dollars ($50.00) shall be divided between the informants in such fair manner as determined by the Director of Public Safety.

(a) No person, unless authorized by the Mayor, shall, except in time of fire, displace or remove the cover from any public cistern or fire hydrant, or turn any public or private valve or stopcock, or remove the cover from any valve or stopcock.

(b) At the discretion of and subject to the regulations of the Mayor, a special permit may be issued for the use of a fire hydrant for building or construction purposes upon payment of such charges as may be fixed by Council, and subject to such conditions as the Mayor shall impose and stipulate in the special permit.

(a) No person removing snow from any real property within the City shall intentionally deposit substantial quantities of snow on the real property of another.

(c) This section shall not apply to the removal of snow from the streets of the City by employees or contractors of the City.

(a) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:

(1) The police dog or horse is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted.

(2) The police dog or horse is not assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.

(3) Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer assisted b a police dog or horse, in a manner that any of the following:

A. Inhibits or restricts the law enforcement officer's control of the police dog or horse;

D. Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;

(4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse.

(c) No person shall knowingly cause, or attempt to cause, physical harm to a handicapped assistance dog in either of the following circumstances:

(1) The handicapped assistance dog is assisting a blind, deaf, or mobility impaired person at the time the physical harm is caused or attempted.

(2) The handicapped assistance dog is not assisting a blind, deaf, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is a handicapped assistance dog.

(d) (1) Whoever violates division (a) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation results in serious physical harm to the police dog or horse or results in its death, assaulting a police dog or horse is a felony to be prosecuted under appropriate State law.

(2) Whoever violates division (b) of this section is guilty of harassing a police dog or horse. Except as otherwise provided this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, harassing a police dog or horse is a felony to be prosecuted under appropriate State law. If the violation results in serous physical harm to the police dog or horse but does not result in its death, harassing a police dog or horse is a felony to be prosecuted under appropriate State law. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree.

(3) Whoever violates division (b) of this section is responsible for the payment of all of the following:

A. Any veterinary bill or bills for medication incurred by the Police Department as a result of the violation;

C. The cost of replacing the police dog or horse and of any further training of a new police dog or horse by a law enforcement officer that is required because of the death of or serious physical harm to the police dog or horse that is the subject of the violation.

(4) Whoever violates division (c) of this section is guilty of assaulting a handicapped assistance dog. Except as otherwise provided in this division, assaulting a handicapped assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the dog other than death or serious physical harm, assaulting a handicapped assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the dog or results in its death, assaulting a handicapped assistance dog is a felony to be prosecuted under appropriate State law.

(e) This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.

(f) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Blind" and "mobility impaired person" have the same meaning as in Ohio R.C. 955.011.

(2) "Handicapped assistance dog" means a dog that serves as a guide or leader for a blind person or as a listener for a deaf person or that provides support or assistance for a mobility impaired person.

(3) "Physical harm" means any injury, illness, or other psychological impairment, regardless of its gravity or duration.

(4) "Police dog or horse" means a dog or horse that has been trained and may be used to assist law enforcement officers in the performance of their official duties.

B. Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming.

C. Any physical harm that causes acute pain of a duration that results in substantial suffering.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

543.01 DEFINITIONS.

For the purpose of this chapter:

(a) "Shopping cart" means that type of basket, of wire or other construction, on wheels, propelled by human power, commonly but not exclusively used for transporting articles of merchandise within or from a place of business, and popularly known as a shopping cart.

(b) "Place of business" means a grocery store, supermarket, drugstore, dry goods store, department store, discount store, variety store or other retail establishment which supplies shopping carts for the use of its customers to transport articles of merchandise within or from such establishment.

(c) "Customer" means any person who enters a place of business for the purpose of purchasing, or inspecting with a view toward purchasing, articles of merchandise.

(d) "Parking lot" means any parcel of land used for parking vehicles or otherwise, adjoining or used in connection with a place of business and owned or leased by the person, firm or corporation which is the owner, lessee or operator of such place of business or which is provided for the use of the customers of such place of business under any form of lease or other contractual arrangement.

(e) "Business premises" means a place of business and any parking lot related thereto.

(Ord. 72 60. Passed 12 18 72.)

543.02 LEAVING UNATTENDED IN PARKING LOTS.

(a) No person, firm or corporation, being the owner, lessee or operator or in charge of a place of business, shall leave, or permit to be left, its shopping carts unattended within. the boundaries of any parking lot. This section shall not be deemed to be violated if such person, firm or corporation, at intervals of not more than one hour each, during the hours such place of business is open to the public for business and within one hour after the closing of such place of business each day, removes its unattended shopping carts from such parking lot.

(Ord. 72 15. Passed 5 1 72.)

(b) Whoever violates this section is guilty of a minor misdemeanor.

2001 Replacement

(a) Not less than one hour following the close of business each day, any person, firm or corporation which is the owner, lessee or operator of a place of business shall remove its unattended shopping carts from any parking lot, and such shopping carts shall, until such place of business is again open to the public for business, be placed within a locked enclosure or otherwise secured in place so as to prevent their unauthorized removal from

(a) No person, firm or corporation being the owner, lessee or operator or in charge of a place of business shall remove or permit the removal by a customer or other person of a shopping cart from any business premises and no customer or other person shall remove a shopping cart from any business premises.

Any shopping cart found abandoned on any street, alley, sidewalk, tree lawn or other public place or in any parking lot after the close of business hours within the City may be impounded by the Police. Any shopping cart which has been impounded may be reclaimed by the owner upon payment of ten dollars ($10. 00) per shopping cart, which shall be paid into the General Fund. Thirty days after the mailing of notice by certified mail to the owner, and as to any shopping cart that is unidentifiable as to ownership, thirty days after it has been impounded, any unclaimed shopping cart may be disposed of by the City in the manner provided in Section 139.06 of the Administrative Code.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See sectional histories for similar State law

Property defined - see GEN. OFF. 501.01

Cheating - see GEN. OFF. 517.05

Falsification - see GEN. OFF. 525.02

Impersonating a public servant - see GEN. OFF. 525.03

Possessing criminal tools see GEN. OFF. 549.17

545.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "Cable television service." Any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.

(b) "Coin machine." Any mechanical or electronic device designed to do both of the following:

(1) Receive a coin or bill, or token made for that purpose;

(2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license.

2002 Replacement

(c) "Computer." An electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature.

(d) "Computer network." A set of related and remotely-connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.

(e) "Computer program." An ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to process data.

(f) "Computer services." Includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.

(g) "Computer software." Computer programs, procedures, and other documentation associated with the operation of a computer system.

(h) "Computer system." A computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.

(i) "Counterfeit telecommunications device." A telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. The phrase includes but is not limited to a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone.

(j) "Credit card." Includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine.

(l) "Data." A representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network.

(m) "Deception." To knowingly deceive another or cause another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.

(n) "Defraud." To knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.

(1) To withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;

(2) To dispose of property so as to make it unlikely that the owner will recover it;

(3) To accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.

(p) "Disabled adult." A person who is 18 years of age or older and has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least 12 months without any present indication of recovery from the impairment, or who is 18 years of age or older and has been certified as permanently and totally disabled by an agency of this State or the United States that has the function of so classifying persons.

(s) "Electronic fund transfer." Has the same meaning as in 92 Stat. 3728, 15 U.S.C. 1693a, as amended.

(t) "Firearm" and "dangerous ordnance." Have the same meaning as in Ohio R.C. 2923.11.

(u) "Forge." To fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.

(v) "Gain access." To approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in Ohio R.C. 2913.04.

(1) Subject to division (2) of this definition, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including but not limited to electronic publishing.

(2) "Information service" does not include any use of a capability of a type described in division (1) of this definition for the management, control, or operation of a telecommunications system or the management of a telecommunications service.

(y) "Owner." Unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.

(z) "Rented property." Personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property within any applicable minimum or maximum term; and the amount of consideration is generally determined by the duration of possession of the property.

(aa) "Services." Includes labor, personal, professional, public utility, common carrier, food, drink, transportation, entertainment, and cable television services and, for purposes of Ohio R.C. 2913.04 or any substantially similar municipal ordinance, includes cable services as defined in that section.

(bb) "Slug." An object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose.

(cc) "Telecommunication." The origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence or intelligence of any nature over any communications system by any method, including but not limited to a fiber optic, electronic, magnetic, optical, digital or analog method.

(dd) "Telecommunications device." Any instrument, equipment, machine, or other device that facilitates telecommunication, including but not limited to a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.

(ee) "Telecommunications service." The providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.

(1) A violation of Ohio R.C. 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, former Ohio R.C. 2913.47 or 2913.48, or Ohio R.C. 2913.51, 2915.05, or 2921.41;

(2) A violation of an existing or former municipal ordinance or law of this or any other state or of the United States substantially equivalent to any section listed in division (1) of this definition, or a violation of Ohio R.C. 2913.41, 2913.81 or 2915.06 as it existed prior to July 1, 1996;

(3) An offense under an existing or former municipal ordinance or law of this or any other state or the United States involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud;

(4) A conspiracy to commit, attempt to commit, or complicity in committing any offense under division (1), (2), or (3) of this definition.

(gg) "Utter." To issue, publish, transfer, use, put or send into circulation, deliver, or display.

(hh) "Writing." Any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, type-written, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.

(a) If more than one item of property or services is involved in a theft offense or in a violation of Ohio R.C. 1716.14(A) involving a victim who is an elderly person or disabled adult, or any substantially similar municipal ordinance, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property or services involved in the offense.

(b) (1) When a series of offenses under Ohio R.C. 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio R.C. 2913.31 or 2913.43 involving a victim who is an elderly person or disabled adult, or any substantially similar municipal ordinance to any of these offenses, is committed by the offender in the offender's same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all offenses in the series.

(2) If an offender commits a series of offenses under Ohio R.C. 2913.02 that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio R.C. 2913.31 or 2913.43, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, or any substantially similar municipal ordinance to any of these offenses, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the course of conduct.

(3) When a series of two or more offenses under Ohio R.C. 2921.41 is committed by the offender in the offender's same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.

(4) In prosecuting a single offense under division (b)(1), (b)(2) or (b)(3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of Ohio R.C. 2921.41 in the offender's same employment, capacity, or relationship to another as described in division (b)(1) or (b)(3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (b)(2) of this section.

(1) The value of an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that has intrinsic worth to its owner and that either is irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, is the amount which would compensate the owner for its loss.

(2) The value of personal effects and household goods, and of materials, supplies, equipment, and fixtures used in the profession, business, trade, occupation, or avocation of its owner, which property is not covered under division (c)(1) of this section, and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing such property with new property of like kind and quality.

(3) The value of any real or personal property that is not covered under division (c)(1) or (2) of this section, and the value of services, is the fair market value of the property or services. As used in this section, "fair market value" is the money consideration which a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and the seller is willing to sell, that both are fully informed as to all facts material to the transaction, and that neither is under any compulsion to act.

(d) Without limitation on the evidence which may be used to establish the value of property or services involved in a theft offense:

(1) When the property involved is personal property held for sale at wholesale or retail, the price at which the property was held for sale is prima facie evidence of its value.

(2) When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest marked quotation prior to the offense, is prima facie evidence of the value of the security or commodity.

(3) When the property involved is livestock, poultry, or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima facie evidence of the value of the livestock, poultry, or products.

(4) When the property involved is a negotiable instrument, the face value is prima facie evidence of the value of the instrument.

(5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check, or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property, is prima facie evidence of the value of the instrument.

(6) When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services which may be received by the instrument is prima facie evidence of the value of the instrument.

(7) When the services involved are gas, electricity, water, telephone, transportation, shipping, or other services for which the rate is established by law, the duly established rate is prima facie evidence of the value of the services.

(8) When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for the services, either in writing, or orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in the notice is prima facie evidence of the value of the services.

Regardless of the value of the property involved, and regardless of whether the offender previously has been convicted of a theft offense, a violation of Section 545.01 or Section 545.02 is a felony to be prosecuted under appropriate State law if the property involved is any of the following:

(b) A printed form for a check or other negotiable instrument, that on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank;

(c) A motor vehicle identification license plate as prescribed by Ohio R.C. 4503.22, a temporary license placard or windshield sticker as prescribed by Ohio R.C. 4503.182, or any comparable license plate, placard, or sticker as prescribed by the applicable law of another state or the United States;

(d) A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle, as prescribed by Ohio R.C. 4505.07;

(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(2) "Rentee." A person who pays consideration to a renter for the use of rented property.

(b) Each of the following shall be considered evidence of intent to commit theft of rented property:

(1) At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious, or not current with respect to name, address, place of employment, or other relevant information.

(2) After receiving a notice demanding the return of the rented property as provided in division (c) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.

(c) To establish that a rentee has an intent to commit theft of rented property under division (b)(2) above, a renter may issue a notice to a rentee demanding the return of the rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee's agent furnished in writing to the renter.

(d) A demand for the return of the rented property is not a prerequisite for the prosecution of a rentee for theft of rented property. The evidence specified in division (b) above does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property.

(1) "Archival institution." Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.

(2) "Museum." Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.

(b) A merchant, or his or her employee or agent, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

(c) Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in (c)(1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:

(1) Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or

(2) With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.

(d) An officer, agent, or employee of a library, museum, or archival institution pursuant to (c) above or a merchant or his or her employee or agent pursuant to (b) above may detain another person for any of the following purposes:

(1) To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;

(e) The officer, agent, or employee of the library, museum, or archival institution, or the merchant or his or her employee or agent acting under (b) or (c) above shall not search the person, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.

(f) Any peace officer may arrest without a warrant any person that he or she has probable cause to believe has committed any act described in (c)(1) or (2) above, or that he or she has probable cause to believe has committed an unlawful taking in a mercantile establishment. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.

(a) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

(b) Whoever violates this section is guilty of theft. Except as otherwise provided in this division, a violation of this section is petty theft, a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate State law:

(1) If the value of the property or services is five hundred dollars ($500.00) or more;

(6) If the property stolen is any dangerous drug, or if the offender previously has been convicted of a felony drug abuse offense.

(a) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

(b) No person shall knowingly use or operate an aircraft, motor vehicle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this State, or keep possession of it for more than 48 hours.

(1) At the time of the alleged offense, the actor, though mistaken, reasonably believed that he or she was authorized to use or operate the property.

(2) At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.

(1) Except as otherwise provided in this division (d)(1), a violation of division (a) of this section is a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled adult and if the victim incurs a loss as a result of the violation, a violation of division (a) of this section is a felony to be prosecuted under appropriate State law.

(2) A violation of division (b) of this section is a felony to be prosecuted under appropriate State law.

Theft offense involving motor vehicle, offender to pay towing and storage fees, see Ohio R.C. 2913.82

(EDITOR'S NOTE: Section 545.07 was repealed as part of the 1989 updating and revision of these Codified Ordinances because a violation of substantially identical State law (ORC 4549.042) was made a felony by the Ohio General Assembly.)

(a) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.

(b) No person shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent by the owner.

(d) Whoever violates division (a) of this section is guilty of unauthorized use of property. Except as otherwise provided in this division, unauthorized use of property is a misdemeanor of the fourth degree.

(1) If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is whichever of the following is applicable:

A. Except as otherwise provided below, unauthorized use of property is a misdemeanor of the first degree.

B. If the value of the property or services or the loss to the victim is five hundred dollars ($500.00) or more, it is a felony to be prosecuted under appropriate State law.

(2) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is a felony to be prosecuted under appropriate State law.

(e) Whoever violates division (b) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, a felony to be prosecuted under appropriate State law.

(1) "Cable operator" means any person or group of persons that does either of the following:

A. Provides cable service over a cable system and directly through one or more affiliates owns a significant interest in that cable system;

B. Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.

A. The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;

B. Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in division (f)(1)A. above;

(3) "Cable system" means any facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. "Cable system" does not include any of the following:

A. Any facility that serves only to retransmit the television signals of one or more television broadcast stations;

C. Any facility of a common carrier that, under 47 U.S.C. 522(7)(c), is excluded from the term "cable system" as defined in 47 U.S.C. 522(7);

E. Any facility of any electric utility used solely for operating its electric utility system.

Telecommunications: fraud and unlawful use of a device, felony offenses, see Ohio R.C.

(a) No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored.

(b) For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs:

(1) The drawer has no account with the drawee at the time of issue or the stated date, whichever is later.

(2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within 30 days after issue or the stated date, whichever is later, and the liability of the drawer, indorser, or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.

(c) For purposes of this section, a person who issues or transfers a check, bill of exchange, or other draft is presumed to have the purpose to defraud if the drawer fails to comply with Ohio R.C. 1349.16 by doing any of the following when opening a checking account intended for personal, family, or household purposes at a financial institution:

(1) Falsely stating that he or she has not been issued a valid driver's or commercial driver's license or identification card issued under Ohio R.C. 4507.50;

(2) Furnishing the license or card, or another identification document that contains false information;

(3) Making a false statement with respect to the drawer's current address or any additional relevant information reasonably required by the financial institution.

(d) Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or other negotiable instrument is for payment of five hundred dollars ($500.00) or more, passing bad checks is a felony to be prosecuted under appropriate State law.

(a) No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:

(1) Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess.

(2) Practice deception in making, retouching, editing, or reproducing any photograph, movie film, video tape, phonograph record, or recording tape.

(3) Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, or use more than once any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303.

(4) Offer, or possess with the purpose to offer, any object that the person knows to have been simulated as provided in divisions (a)(1), (2) or (3) of this section.

(b) Whoever violates this section is guilty of criminal simulation. Except as otherwise provided in this division, criminal simulation is a misdemeanor of the first degree. If the loss to the victim is five hundred dollars ($500.00) or more, criminal simulation is a felony to be prosecuted under appropriate State law.

(1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;

(2) Knowingly buy or sell a credit card from or to a person other than the issuer.

(2) Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtained, is retained, or is being used in violation of law;

(3) Furnish property or services upon presentation of a credit card, knowing that the card is being used in violation of law;

(4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false.

(1) Except as otherwise provided in division (d)(3) of this section, a violation of division (a), (b)(1), or (c) of this section is a misdemeanor of the first degree.

(2) Except as otherwise provided in this division or division (d)(3) of this section, a violation of division (b)(2), (3), or (4) of this section is a misdemeanor of the first degree. If the cumulative retail value of the property and services involved in one or more violations of division (b)(2), (3), or (4) of this section which violations involve one or more credit card accounts and occur within a period of 90 consecutive days commencing on the date of the first violation, is five hundred dollars ($500.00) or more, misuse of credit cards is a felony to be prosecuted under appropriate State law.

(3) If the victim of the offense is an elderly person or disabled adult, and if the offense involves a violation of division (b)(1) or (b)(2) of this section, misuse of credit cards is a felony to be prosecuted under appropriate State law.

(2) Make, possess, or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin machine.

(b) Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.

(a) No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with, or insert any part of an instrument into any coin machine.

(b) Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or of any theft offense as defined in Ohio R.C. 2913.01, tampering with coin machines is a felony to be prosecuted under appropriate State law.

In a prosecution of a person for a theft offense that alleges that the person, with purpose to defraud or knowing that he or she was facilitating a fraud, hired or rented an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, kept or operated any of the same that has been hired or rented, or engaged accommodations at a hotel, motel, inn, campground, or other hostelry, it is prima facie evidence of purpose to defraud if the person did any of the following:

(a) Used deception to induce the rental agency to furnish the person with the aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or used deception to induce the hostelry to furnish the person with accommodations;

(b) Hired or rented any aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or engaged accommodations, knowing that he or she is without sufficient means to pay the hire or rental;

(d) Knowingly failed to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for the failure;

(e) Knowingly failed to return hired or rented property as required by the contract of hire or rental, without reasonable excuse for the failure.

(a) No person, knowing that he or she has no privilege to do so, and with purpose to defraud or knowing that he or she is facilitating a fraud, shall do any of the following:

(1) Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record;

(2) Utter any writing or record, knowing it to have been tampered with as provided in division (a)(1) of this section.

(1) Except as provided in division (b)(3) of this section, if the offense does not involve data or computer software, tampering with records is whichever of the following is applicable:

A. If division (b)(1)B. of this section does not apply, it is a misdemeanor of the first degree.

B. If the writing or record is a will unrevoked at the time of the offense, it is a felony to be prosecuted under appropriate State law.

(2) Except as provided in division (b)(3) of this section, if the offense involves a violation of division (a) of this section involving data or computer software, tampering with records is whichever of the following is applicable:

A. Except as otherwise provided in division (b)(2)B. of this section, it is a misdemeanor of the first degree;

B. If the value of the data or computer software involved in the offense or the loss to the victim is five hundred dollars ($500.00) or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is five thousand dollars ($5,000.00) or more, it is a felony to be prosecuted under appropriate State law.

(3) If the writing, data, computer software, or record is kept by or belongs to a local, State, or Federal governmental entity, it is a felony to be prosecuted under appropriate State law.

(a) No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.

(b) Whoever violates this section is guilty of securing writings by deception. Except as otherwise provided in this division, securing writings by deception is a misdemeanor of the first degree. If the value of the property or the obligation involved is five hundred dollars ($500.00) or more, securing writings by deception is a felony to be prosecuted under appropriate to State law. If the victim of the offense is an elderly person or disabled adult, securing writings by deception is a felony to be prosecuted under appropriate State law.

(a) No person, with purpose to defraud or knowing that he or she is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator, or agent of any governmental agency.

(b) Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.

(a) As used in this section, "personal identifying information" includes, but is not limited to, the following: the name, address, telephone number, driver's license, driver's license number, commercial driver's license, commercial driver's license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.

(b) No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:

(2) Represent the other person's personal identifying information as the person's own personal identifying information.

(c) No person shall create, obtain, possess, or use the personal identifying information of any person with the intent to aid or abet another person in violating division (b) of this section.

(d) No person, with intent to defraud, shall permit another person to use the person's own personal identifying information.

(e) No person who is permitted to use another person's personal identifying information as described in division (d) of this section shall use, obtain, or posses the other person's personal identifying information with intent to defraud any person by doing any act identified in division (b)(1) or (b)(2) of this section.

(f) (1) It is an affirmative defense to a charge under division (b) of this section that the person using the personal identifying information is acting in accordance with a legally recognized guardianship or conservatorship or as a trustee or fiduciary.

(2) It is an affirmative defense to a charge under division (b), (d), or (e) of this section that either of the following applies:

A. The person or entity using the personal identifying information is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using the personal identifying information in a bona fide investigation, and information security evaluation, a pretext calling evaluation, or a similar matter.

B. The personal identifying information was obtained, possessed, or used for a lawful purpose.

(g) It is not a defense to a charge under this section that the person whose personal identifying information was obtained, possessed, or used was deceased at the time of the offense.

(h) (1) If the violation of division (b), (d), or (e) of this section occurs as part of a course of conduct involving other violations of division (b), (d), or (e) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (c) of this section or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43 or 2921.13, or any substantially similar municipal ordinance, the court, in determining the degree of the offense pursuant to division (i) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the offender and all debts or other legal obligations avoided or sought to be avoided by the offender in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.

(2) If the violation of division (c) of this section occurs as part of a course of conduct involving other violations of division (c) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (b), (d), or (e) of this section or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43 or 2921.13, or any substantially similar municipal ordinance, the court, in determining the degree of the offense pursuant to division (i) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the person aided or abetted and all debts or other legal obligations avoided or sought to be avoided by the person aided or abetted in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.

(i) Whoever violates this section is guilty of identity fraud. Except as otherwise provided in this division, identity fraud is a misdemeanor of the first degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is five hundred dollars ($500.00) or more, identity fraud is a felony to be prosecuted under appropriate State law.

(a) No person, with purpose to defraud one or more of his or her creditors, shall do any of the following:

(1) Remove, conceal, destroy, encumber, convey, or otherwise deal with any of his or her property;

545.19 GENERAL OFFENSES CODE 220

(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his or her affairs or estate, the existence, amount, or location of any of his or her property, or any other information regarding the property which he or she is legally required to furnish to the fiduciary.

(b) Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is five hundred dollars ($500.00) or more, defrauding creditors is a felony to be prosecuted under appropriate State law.

(ORC 2913.45)

545.18 RECEIVING STOLEN PROPERTY.

(a) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.

(b) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.

(c) Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division, receiving stolen property is a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate State law:

(1) The value of the property involved is five hundred dollars ($500.00) or more;

(2) The property involved is any of the property listed in Ohio R.C. 2913.71;

(3) The property involved is a firearm or dangerous ordnance, as defined in Ohio R.C. 2923.11;

(4) The property involved is a motor vehicle as defined in Ohio R.C. 4501.01; or

(5) The property involved is any dangerous drug, as defined in Ohio R.C. 4729.01.

(ORC 2913.51)

545.19 PROSECUTIONS FOR THEFT OF UTILITIES.

(a) In a prosecution for a theft offense, as defined in Ohio R.C. 2913.01, that involves alleged tampering with a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment of a utility has been tampered with is prima facie evidence that the person who is obligated to pay for the service rendered through the meter, conduit or attachment, and who is in possession or control of the meter, conduit or attachment at the time the tampering occurred has caused the tampering with intent to commit a theft offense.

2002 Replacement

(b) In a prosecution for a theft offense, as defined in Ohio R.C. 2913.01, that involves the alleged reconnection of a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment disconnected by a utility has been reconnected without the consent of the utility is prima facie evidence that the person in possession or control of the meter, conduit or attachment at the time of the reconnection has reconnected the meter, conduit or attachment with intent to commit a theft offense.

(1) "Utility" means any electric light company, gas company, natural gas company, pipe line company, water works company or heating or cooling company, as defined in Ohio R.C. 4905.03, its lessees, trustees or receivers, or any similar utility owned or operated by a political subdivision.

(2) "Tamper" means to interfere with, damage or bypass a utility meter, conduit or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on the meter.

(d) Each electric light company, gas company, natural gas company, pipeline company, waterworks company or heating or cooling company, as defined by Ohio R.C. 4905.03, or its lessees, trustees or receivers, and each similar utility owned or operated by a political subdivision, shall notify its customers, on an annual basis, that tampering with or bypassing a meter constitutes a theft offense that could result in the imposition of criminal sanctions.

(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Data" has the same meaning as in Ohio R.C. 2913.01 and additionally includes any other representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner.

(2) "Deceptive" means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information, or by any other conduct, act, or omission creates, confirms, or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind, or other objective or subjective fact.

(3) "Insurer" means any person that is authorized to engage in the business of insurance in this State under Ohio R.C. Title 39, the Ohio Fair Plan Underwriting Association created under Ohio R.C. 3929.43, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members.

(4) "Policy" means a policy, certificate, contract, or plan that is issued by an insurer.

(5) "Statement" includes but is not limited to any notice, letter, or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account, or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical, or dental chart or other record; x-ray, photograph, videotape, or movie film; test result; other evidence of loss, injury, or expense; computer-generated document; and data in any form.

(b) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do either of the following:

(1) Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive;

(2) Assist, aid, abet, solicit, procure, or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive.

(c) Whoever violates this section is guilty of insurance fraud. Except as otherwise provided in this division, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is five hundred dollars ($500.00) or more, insurance fraud is a felony to be prosecuted under appropriate State law.

(d) This section shall not be construed to abrogate, waive, or modify Ohio R.C. 2317.02(A).

Forgery of originating address or other routing information in connection with the

(a) No person, with purpose to defraud or knowing that the person is facilitating a fraud shall do any of the following:

(2) Make or present or cause to be made or presented a false or misleading statement with the purpose to secure payment for goods or services rendered under Ohio R.C. Chapter 4121, 4123, 4127, or 4131 or to secure workers' compensation benefits;

(3) Alter, falsify, destroy, conceal, or remove any record or document that is necessary to fully establish the validity of any claim filed with, or necessary to establish the nature and validity of all goods and services for which reimbursement or payment was received or is requested from the Bureau of Workers' Compensation, or a self-insuring employer under Ohio R.C. Chapter 4121, 4123, 4127, or 4131;

(4) Enter into an agreement or conspiracy to defraud the Bureau of Workers' Compensation or a self-insuring employer by making or presenting or causing to be made or presented a false claim for workers' compensation benefits.

(b) Whoever violates this section is guilty of workers' compensation fraud. Except as otherwise provided in this division, workers' compensation fraud is a misdemeanor of the first degree. If the value of the goods, services, property, or money stolen is five hundred dollars ($500.00) or more, workers' compensation fraud is a felony to be prosecuted under appropriate State law.

(c) Upon application of the governmental body that conducted the investigation and prosecution of a violation of this section, the court shall order the person who is convicted of the violation to pay the governmental body its costs of investigating and prosecuting the case. These costs are in addition to any other costs or penalty provided under Federal, State or local law.

(d) The remedies and penalties provided in this section are not exclusive remedies and penalties and do not preclude the use of any other criminal or civil remedy or penalty for any act that is in violation of this section.

(e) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) "Claim" means any attempt to cause the Bureau of Workers' Compensation, an independent third party with whom the administrator or an employer contracts under Ohio R.C. 4121.44, or a self-insuring employer to make payment or reimbursement for workers' compensation benefits.

(2) "Employer," "employee," and "self-insuring employer" have the same meanings as in Ohio R.C. 4123.01.

(3) "Employment" means participating in any trade, occupation, business, service, or profession for substantial gainful remuneration.

(5) "Goods" includes but is not limited to medical supplies, appliances, rehabilitative equipment, and any other apparatus or furnishing provided or used in the care, treatment, or rehabilitation of a claimant for workers' compensation benefits.

(6) "Records" means any medical, professional, financial, or business record relating to the treatment or care of any person, to goods or services provided to any person, or to rates paid for goods or services provided to any person, or any record that the administrator of workers' compensation requires pursuant to rule.

(7) "Remuneration" includes but is not limited to wages, commissions, rebates, and any other reward or consideration.

(8) "Services" includes but is not limited to any service provided by any health care provider to a claimant for workers' compensation benefits.

(9) "Statement" includes but is not limited to any oral, written, electronic, electronic impulse, or magnetic communication notice, letter, memorandum, receipt for payment, invoice, account, financial statement, bill for services; a diagnosis, prognosis, prescription, hospital, medical, or dental chart or other record; and a computer generated document.

(10) "Workers' compensation benefits" means any compensation or benefits payable under Ohio R.C. Chapter 4121, 4123, 4127, or 4131.

(1) "Medical assistance program" means the program established by the Ohio Department of Job and Family Services to provide medical assistance under Ohio R.C. 5111.01 and the Medicaid program of Title XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.

(2) "Provider" means any person who has signed a provider agreement with the Ohio Department of Job and Family Services to provide goods or services pursuant to the medical assistance program or any person who has signed an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medical assistance program.

(3) "Provider agreement" means an oral or written agreement between the Ohio Department of Job and Family Services and a person in which the person agrees to provide goods or services under the medical assistance program.

(4) "Recipient" means any individual who receives goods or services from a provider under the medical assistance program.

(5) "Records" means any medical, professional, financial or business records relating to the treatment or care of any recipient, to goods or services provided to any recipient, or to rates paid for goods or services provided to any recipient, and any records that are required by the rules of the Ohio Director of Job and Family Services to be kept for the medical assistance program.

(6) "Statement or representation" means any oral, written, electronic, electronic impulse or magnetic communication that is used to identify an item of goods or a service for which reimbursement may be made under the medical assistance program or that states income and expense and is or may be used to determine a rate of reimbursement under the medical assistance program.

(b) No person shall knowingly make or cause to be made a false or misleading statement or representation for use in obtaining reimbursement from the medical assistance program.

(c) No person, with purpose to commit fraud or knowing that the person is facilitating a fraud, shall do either of the following:

(1) Contrary to the terms of the person's provider agreement, charge, solicit, accept or receive for goods or services that the person provides under the medical assistance program any property, money or other consideration in addition to the amount of reimbursement under the medical assistance program and the person's provider agreement for the goods or services and any deductibles or co payments authorized by rules adopted under Ohio R.C. 5111.0112 or by any rules adopted pursuant to that section.

(2) Solicit, offer or receive any remuneration, other than any deductibles or co payments authorized by rules adopted under Ohio R.C. 5111.0112 or by any rules adopted pursuant to that section, in cash or in kind, including, but not limited to, a kickback or rebate, in connection with the furnishing of goods or services for which whole or partial reimbursement is or may be made under the medical assistance program.

(d) No person, having submitted a claim for or provided goods or services under the medical assistance program, shall do either of the following for a period of at least six years after a reimbursement pursuant to that claim, or a reimbursement for those goods or services, is received under the medical assistance program:

(1) Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received, by the person; or

(2) Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for the person.

(e) Whoever violates this section is guilty of medicaid fraud. Except as otherwise provided in this division, medicaid fraud is a misdemeanor of the first degree. If the value of the property, services or funds obtained in violation of this section is five hundred dollars ($500.00) or more, medicaid fraud is a felony to be prosecuted under appropriate State law.

(f) Upon application of the governmental agency, office or other entity that conducted the investigation and prosecution in a case under this section, the court shall order any person who is convicted of a violation of this section for receiving any reimbursement for furnishing goods or services under the medical assistance program to which the person is not entitled to pay to the applicant its cost of investigating and prosecuting the case. The costs of investigation and prosecution that a defendant is ordered to pay pursuant to this division shall be in addition to any other penalties for the receipt of that reimbursement that are provided in this section, Ohio R.C. 2913.40 or 5111.03, or any other provision of law.

(g) The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See section histories for similar State law

License or permit to possess dangerous ordnance - see Ohio R.C. 2923.18

Hunting prohibited - see GEN. OFF. 505.11

Reporting gunshot and stab wounds - see GEN. OFF. 525.05

Property destruction by tear gas device, etc. - see GEN. OFF. 541.04

549.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "Automatic firearm." Any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire more than 31 cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges.

(b) "Ballistic knife." A knife with a detachable blade that is propelled by a spring-operated mechanism.

2001 Replacement

(1) Any of the following, except as provided in division (2) of this definition:

C. Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions.

D. Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon.

F. Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

A. Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder.

B. Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm.

C. Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder.

D. Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (2)C. of this definition during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition.

E. Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.

F. Any device that is expressly excepted from the definition of a destructive device pursuant to the Gun Control Act of 1968, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that Act.

(d) "Deadly weapon." Any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

(e) "Explosive." Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. "Explosive" includes all materials that have been classified as Class A, Class B, or Class C explosives by the United States Department of Transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. "Explosives" does not include "fireworks," as defined in Ohio R.C. 3743.01, or any explosive that is not subject to regulation under the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.

(f) "Explosive device." Any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.

(1) Any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.

(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.

(i) "Incendiary device." Any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agent and a means to ignite it.

(j) "Sawed-off firearm." A shotgun with a barrel less than 18 inches long, or a rifle with a barrel less than 16 inches long, or a shotgun or rifle less than 26 inches long overall.

(k) "Semi-automatic firearm." Any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.

(2) Any device, including without limitation a starter's pistol, not designed as a firearm, but that is specially adapted for use as a firearm.

(3) Any industrial tool, signalling device, or safety device, not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm.

(a) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance.

(b) This section does not apply to officers, agents, or employees of this or any other state or of the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties.

(c) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon, and that any of the following apply:

(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from his or her lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, that would justify a prudent person in going armed.

(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity, and had reasonable cause to fear a criminal attack upon himself, herself or a member of his or her family, or upon his or her home, such as would justify a prudent person in going armed.

(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in his or her own home.

(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of Ohio R.C. 2923.16(C).

(d) Whoever violates this section is guilty of carrying concealed weapons, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or a substantially similar state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for

which the offender has ammunition ready at hand, or if the weapon involved is a dangerous ordnance, carrying concealed weapons is a felony to be prosecuted under appropriate State law. If the weapon involved is a firearm and the violation of this section is committed at premises for which a D Permit has been issued under Ohio R.C. Chapter 4303, or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons is a felony to be prosecuted under appropriate State law.

Conveyance or possession of deadly weapons or dangerous ordnance on school premises, felony

Conveyance, possession, or control of deadly weapon or dangerous ordinance in a courthouse, felony

Possession of deadly weapon while under detention, felony offense, see Ohio R.C. 2923.131

(a) "Detention" and "detention facility" have the same meanings as in Ohio R.C. 2921.01.

(b) No person under detention at a detention facility shall possess a deadly weapon.

(1) Except as otherwise provided in division (c)(2) of this section, possession of a deadly weapon while under detention is a felony to be prosecuted under state law.

(2) If the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child and if at the time the offender commits the act for which the offender was under detention it would not be a felony if committed by an adult, possession of a deadly weapon while under detention is a misdemeanor of the first degree.

Possession of deadly weapon while under detention, felony offenses, see Ohio R.C. 2923.131

(a) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.

(b) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.

(a) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(b) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.

(c) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded and is carried in one of the following ways:

(4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

(d) (1) This section does not apply to officers, agents, or employees of this or any other state or of the United States, or to law enforcement officers, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of their duties.

(2) Division (a) of this section does not apply to a person if all of the following circumstances apply:

A. The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the Chief of the Division of Wildlife of the Department of Natural Resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful.

B. The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that is either zoned for agriculture or is used for agriculture.

C. The person owns the real property described in division (d)(2)B. of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.

1. While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;

2. In the direction of a street, highway or other public or private property used by the public for vehicular traffic or parking;

3. At or into an occupied structure that is a permanent or temporary habitation;

4. In the commission of any violation of law, including but not limited to a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle.

(3) Divisions (b) and (c) of this section do not apply to a person if all of the following circumstances apply:

A. At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle.

B. The motor vehicle is on real property that is located in an unincorporated area of a township and that is either zoned for agriculture or is used for agriculture.

C. The person owns the real property described in division (d)(3)B. of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property.

D. The person, prior to arriving at the real property described in division (d)(3)B. of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (b) or (c) of this section while the motor vehicle was being operated on a street, highway or other public or private property used by the public for vehicular traffic or parking.

(e) The affirmative defenses contained in Ohio R.C. 2923.12(C)(1) and (2) are affirmative defenses to a charge under division (b) or (c) of this section.

(f) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (a) or (b) of this section is a misdemeanor of the first degree. Violation of division (c) of this section is a misdemeanor of the fourth degree.

(2) "Motor vehicle," "street" and "highway" have the same meaning as in Ohio R.C. 4511.01.

(5) "Unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan.

(EDITOR'S NOTE: Section 549.05 was repealed as part of the 1979 updating and revision of these Codified Ordinances because a violation of substantially identical State law (Ohio R.C. 2923.17) was made a felony by the Ohio General Assembly by Am. H.B. No. 728, effective August 22, 1978.)

(a) No person, in acquiring, possessing, carrying, or using any dangerous ordnance, shall negligently fail to take proper precautions:

(1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person.

(b) Whoever violates this section is guilty of failure to a secure dangerous ordnance, a misdemeanor of the second degree.

(1) Recklessly sell, lend, give or furnish any firearm to any person prohibited by Ohio R.C. 2923.13 or 2923.15, or a substantially similar municipal ordinance, from acquiring or using any firearm, or recklessly sell, lend, give or furnish any dangerous ordnance to any person prohibited by Ohio R.C. 2923.13, 2923.15 or 2923.17, or a substantially similar municipal ordinance, from acquiring or using any dangerous ordnance;

(2) Possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division (a)(1) of this section;

(3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon;

(4) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing him or her to be authorized to acquire dangerous ordnance pursuant to Ohio R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of the record to the sheriff of the county or Safety Director or Police Chief of the Municipality where the transaction takes place;

(5) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person's possession and under his or her control.

(b) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (a)(1) or (2) of this section is a felony to be prosecuted under appropriate State law. A violation of division (a)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (a)(5) of this section is a misdemeanor of the fourth degree.

(EDITOR'S NOTE: Section 549.08 was repealed as part of the 1996 updating and revision of these Codified Ordinances because a violation of substantially identical State law (Ohio R.C. 2923.21) was made a felony by the Ohio General Assembly by Sub. H.B. No. 4, effective November 9, 1995.)

(a) No person under 18 years of age shall purchase or attempt to purchase a firearm.

(b) No person under 21 years of age shall purchase or attempt to purchase a handgun; provided, that this division does not apply to the purchase or attempted purchase of a handgun by a person 18 years of age or older and under 21 years of age if the person 18 years of age or older and under 21 years of age is a law enforcement officer and has received firearms training approved by the Ohio Peace Officer Training Council or equivalent firearms training.

(c) Whoever violates division (a) of this section is guilty of underage purchase of a firearm, a delinquent act that would be a felony to be prosecuted under appropriate State law if it could be committed by an adult. Whoever violates division (b) of this section is guilty of underage purchase of a handgun, a misdemeanor of the second degree.

(a) No person shall sell, give away or otherwise dispose of or deliver to any person under eighteen years of age any explosives, whether such person is acting for himself or for any other person.

(b) Whoever violates this section is guilty of a misdemeanor of the third degree.

(1) "1.3G fireworks." Display fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation "Division 1.3" in Title 49 of the Code of Federal Regulations.

(2) "1.4G fireworks." Consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation "Division 1.4" in Title 49 of the Code of Federal Regulations.

(3) "Beer" and "intoxicating liquor." Have the same meaning as in Ohio R.C. 4301.01.

(4) "Booby trap." A small tube that has a string protruding from both ends that has a friction-sensitive composition and that is ignited by pulling the ends of the string.

(5) "Cigarette load." A small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.

(7) "Discharge site." An area immediately surrounding the mortars used to fire aerial shells.

(8) "Explosive." Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. "Explosive" includes all materials that have been classified as Class A, Class B, or Class C explosives by the United States Department of Transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. "Explosives" does not include "fireworks" as defined below, or any explosive that is not subject to regulation under the rules of the State Fire Marshal adopted pursuant to Ohio R.C. 3737.82. (ORC 2923.11)

(9) "Fireworks." Any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches and except as provided in Ohio R.C. 3743.80.

(10) "Fireworks incident." Any action or omission that occurs at a fireworks exhibition that results in injury or death, or a substantial risk of injury or death, to any person, and that involves either of the following:

A. The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials;

B. The failure of any person to comply with any applicable requirement imposed by this section or Ohio R.C. Chapter 3743, or any applicable rule adopted under this section or Ohio R.C. Chapter 3743.

(11) "Fireworks incident site." A discharge site or other location at a fireworks exhibition where a fireworks incident occurs, a location where an injury or death associated with a fireworks incident occurs, or a location where evidence of a fireworks incident or an injury or death associated with a fireworks incident is found

(12) "Fireworks plant." All buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place.

(13) "Highway." Any public street, road, alley, way, lane or other public thoroughfare.

(14) "Licensed building." A building on the licensed premises of a licensed manufacturer or wholesaler of fireworks that is approved for occupancy by the building official having jurisdiction.

(15) "Licensed exhibitor of fireworks" or "licensed exhibitor." A person licensed pursuant to Ohio R.C. 3743.50 through 3743.55.

(16) "Licensed manufacturer of fireworks" or "licensed manufacturer." A person licensed pursuant to Ohio R.C. 3743.02 through 3743.08.

(17) "Licensed premises." The real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business.

(18) "Licensed wholesaler of fireworks" or "licensed wholesaler." A person licensed pursuant to Ohio R.C. 3743.15 through 3743.21.

(19) "Manufacturing of fireworks." The making of fireworks from raw materials, none of which in and of themselves constitute fireworks, or the processing of fireworks.

A. Devices that produce a small report intended to surprise the user, including but not limited to booby traps, cigarette loads, party poppers, and snappers;

(21) "Party popper." A small plastic or paper item that contains not more than 16 milligrams of friction-sensitive explosive composition that is ignited by pulling a string protruding from the item, and from which paper streamers are expelled when the item is ignited.

(22) "Processing of fireworks." The making of fireworks from materials all or part of which in and of themselves constitute fireworks, but does not include the mere packaging or repackaging of fireworks.

(23) "Railroad." Any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs, and sidings installed and primarily used in serving a mine, quarry or plant.

(24) "Retail sale" or "sell at retail." A sale of fireworks to a purchaser who intends to use the fireworks and not to resell them.

(25) "Smoke device." A tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

(26) "Snake" or "glow worm." A device that consists of a pressed pellet of pyrotechnic composition that produces a large snake-like ash upon burning, which ash expands in length as the pellet burns.

(27) "Snapper." A small paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand and that, when dropped, implodes.

(28) "Trick match." A kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.

(29) "Wholesale sale" or "sell at wholesale." A sale of fireworks to a purchaser who intends to resell the fireworks so purchased.

(30) "Wire sparkler." A sparkler consisting of a wire or stick coated with a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition and that contains no more than 100 grams of this mixture.

(1) No licensed manufacturer of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.05 or the requirements of Ohio R.C. 3743.06.

(2) No licensed manufacturer of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by Ohio R.C. 3743.07, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to Ohio R.C. 3743.08.

(3) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.08(B)(1) within the specified period of time.

(4) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.08(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the 72 hour period specified in those divisions has expired, whichever occurs first.

(5) No person shall smoke or shall carry a pipe, cigarette, or cigar, or a match, lighter, other flame-producing item, or open flame on, or shall carry a concealed source of ignition into, the premises of a fireworks plant, except as smoking is authorized in specified lunchrooms or restrooms by a manufacturer pursuant to Ohio R.C. 3743.06(C).

(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises of a fireworks plant.

(1) No licensed wholesaler of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.18 or the requirements of Ohio R.C. 3743.19.

(2) No licensed wholesaler of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by Ohio R.C. 3743.20, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to Ohio R.C. 3743.21.

(3) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.21(B)(1) within the specified period of time.

(4) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.21(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the 72 hour period specified in those divisions has expired, whichever occurs first.

(5) No person shall smoke or shall carry a pipe, cigarette, or cigar, or a match, lighter, other flame-producing item, or open flame on, or shall carry a concealed source of ignition into, the premises of a wholesaler of fireworks, except as smoking is authorized in specified lunchrooms or restrooms by a wholesaler pursuant to Ohio R.C. 3743.19(D).

(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises of a wholesaler of fireworks.

(1) No person who resides in another state and purchases fireworks in this State shall obtain possession of the fireworks in this State unless the person complies with Ohio R.C. 3743.44, provided that knowingly making a false statement on the fireworks purchasers form is not a violation of this section but is a violation of Ohio R.C. 2921.13 (Falsification) or a substantially similar municipal ordinance.

(2) No person who resides in another state and who purchases fireworks in this State shall obtain possession of fireworks in this State other than from a licensed manufacturer or wholesaler, or fail, when transporting the fireworks, to transport them directly out of this State within 72 hours after the time of their purchase. No such person shall give or sell to any other person in this State fireworks that the person has acquired in this State.

(3) No person who resides in this state and purchases fireworks in this State shall obtain possession of the fireworks in this State unless the person complies with Ohio R.C. 3743.45, provided that knowingly making a false statement on the fireworks purchasers form is not a violation of this section but is a violation of Ohio R.C. 2921.13 (Falsification) or a substantially similar municipal ordinance.

(4) No person who resides in this State and who purchases fireworks in this State under Ohio R.C. 3743.45 shall obtain possession of the fireworks in this State other than from a licensed manufacturer or licensed wholesaler, or fail, when transporting the fireworks, to transport them directly out of this State within 48 hours after the time of their purchase. No such person shall give or sell to any other person in this State fireworks that the person has acquired in this State.

(1) An exhibitor of fireworks licensed under Ohio R.C. 3743.50 through 3743.55 who wishes to conduct a public fireworks exhibition shall apply for approval to conduct the exhibition to the Fire Chief or fire prevention officer and to the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, having jurisdiction over the premises.

(2) The approval required by division (e)(1) of this section shall be evidenced by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer, signing a permit for the exhibition. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the State Fire Marshal or, if available, from the Fire Chief, a fire prevention officer, the Police Chief or other similar chief law enforcement officer, or a designee of the Police Chief or other similar chief law enforcement officer.

(3) Before a permit is signed and issued to a licensed exhibitor of fireworks, the Fire Chief or fire prevention officer, in consultation with the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show his or her license as an exhibitor of fireworks to the Fire Chief or fire prevention officer.

(4) The Fire Chief or fire prevention officer and the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall give approval to conduct a public fireworks exhibition only if satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Fire Chief or fire prevention officer, in consultation with the Police Chief or other similar chief law enforcement officer or with the designee of the Police Chief or other similar chief law enforcement officer, may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke a permit for noncompliance with the rules.

(5) If the Council has prescribed a fee for the issuance of a permit for a public fireworks exhibition, the Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or their designee, shall not issue a permit until the exhibitor pays the requisite fee.

(6) Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars with surety satisfactory to the Fire Chief or fire prevention officer and to the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death, or loss to person or property emanating from the fireworks exhibitor, or proof of insurance coverage of at least one million dollars for liability arising from injury, death, or loss of persons or property emanating from the fireworks exhibition. The Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this division. The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or their designee, shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this division or by the Council.

(7) Each permit for a fireworks exhibition issued by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall contain a distinct number, designate the municipality, and identify the certified fire safety inspector, Fire Chief, or fire prevention officer who will be present before, during and after the exhibition, where appropriate. A copy of each permit issued shall be forwarded by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, issuing it to the State Fire Marshal. A permit is not transferable or assignable.

(8) The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, shall keep a record of issued permits for fireworks exhibitions. In this list, the Fire Chief, fire prevention officer, Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, shall list the name of the exhibitor, his or her license number, the premises on which the exhibition will be conducted, the date and time of the exhibition, and the number and political subdivision designation of the permit issued to the exhibitor for the exhibition.

(9) The Council shall require that a certified fire safety inspector, Fire Chief or fire prevention officer be present before, during and after the exhibition, and shall require the certified fire safety inspector, Fire Chief or fire prevention officer to inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this section and Ohio R.C. Chapter 3743.

(10) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) or to comply with Ohio R.C. 3743.53(C) and (D).

(11) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to Ohio R.C. 3743.54 or a substantially similar municipal ordinance, or if a permit so secured is revoked by a Fire Chief or fire prevention officer, in consultation with a Police Chief or other similar chief law enforcement officer, or with a designee of a Police Chief or other similar chief law enforcement officer, pursuant to those sections.

(12) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with Ohio R.C. 3743.54 and 3743.55, or a substantially similar municipal ordinance.

(13) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises on which the exhibition is being conducted.

(14) No licensed exhibitor of fireworks shall permit an employee to assist the licensed exhibitor in conducting fireworks exhibitions unless the employee is registered with the State Fire Marshal under Ohio R.C. 3743.56.

(1) No person shall possess fireworks in this Municipality or shall possess for sale or sell fireworks in this Municipality, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 through 3743.08, a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 through 3743.21, a shipping permit holder as authorized by Ohio R.C. 3743.40, an out-of-state resident as authorized by Ohio R.C. 3743.44, a resident of this State as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 through 3743.55, or as authorized by any municipal ordinance that is substantially similar to any of these statutes, and except as provided in Ohio R.C. 3743.80 or a substantially similar municipal ordinance.

(2) Except as provided in Ohio R.C. 3743.80 or a substantially similar municipal ordinance, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 through 3743.55 or a substantially similar municipal ordinance, no person shall discharge, ignite, or explode any fireworks in this Municipality.

(3) No person shall use in a theater or public hall what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.

(4) No person shall sell fireworks of any kind to a person under 18 years of age.

(5) No person shall advertise 1.4G fireworks for sale. A sign located on a seller's premises identifying him or her as a seller of fireworks is not the advertising of fireworks for sale.

(6) No person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder shall possess 1.3G fireworks in this Municipality.

(1) No person shall transport fireworks in this Municipality except in accordance with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.58.

(2) As used in this division, "fireworks" includes only 1.3G and 1.4G fireworks. No person shall ship fireworks into this Municipality by mail, parcel post, or common carrier unless the person possesses a valid shipping permit issued under Ohio R.C. 3743.40, and the fireworks are shipped directly to the holder of a license issued under Ohio R.C. 3743.03, 3743.16 or 3743.51.

(3) No person shall ship fireworks within this Municipality by mail, parcel post, or common carrier unless the fireworks are shipped directly to the holder of a license issued under Ohio R.C. 3743.01, 3743.16 or 3743.51.

(1) The manufacture, sale, possession, transportation, storage, or use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation, or highway use;

(2) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes, or other signals necessary for the safe operation of railroads;

(3) The manufacture, sale, possession, transportation, storage or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals for ceremonial purposes;

(4) The manufacture for, the transportation, storage, possession or use by, or the sale to the armed forces of the United States and the militia of this State of pyrotechnic devices;

(5) The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing .025 grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage or use of those caps;

(6) The manufacture, sale, possession, transportation, storage or use of novelties and trick noisemakers, auto burglar alarms, or model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;

(7) The manufacture, sale, possession, transportation, storage or use of wire sparklers.

(8) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges; provided, that the exhibition complies with all of the following:

C. The person conducting the exhibition complies with regulations of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury and the United States Department of Transportation with respect to the storage and transport of the explosive black powder used in the exhibition.

(i) Forfeiture and Disposal. Fireworks manufactured, sold, possessed, transported, or used in violation of this section shall be forfeited by the offender. The Fire Marshal's office or certified fire safety inspector's office shall dispose of seized fireworks pursuant to the procedures specified in Ohio R.C. 2933.41 for the disposal of forfeited property by law enforcement agencies, and the Fire Marshal or that office is not liable for claims for the loss of or damages to the seized fireworks.

(1) Except as otherwise provided in division (j)(2) or (j)(3) of this section, whoever violates any provisions of this section is guilty of a misdemeanor of the first degree.

(2) If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 3743.60(I) or Ohio R.C. 3743.61(I), or a substantially similar municipal ordinance, a violation of division (b)(5) of this section or division (c)(5) of this section is a felony to be prosecuted under appropriate state law.

(3) Whoever violates division (e)(10) of this section is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended, and the person is ineligible to apply for either type of license, for a period of five years. If the violation of division (e)(10) of this section results in serious physical harm to persons or serious physical harm to property, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked, and that person is ineligible to apply for a license as or to be licensed as an exhibitor of fireworks or as an assistant exhibitor of fireworks in this State.

(a) No person under the age of eighteen years shall have in his or her possession a rocket, missile, rocket engine or other device propelled by the thrust from a combustible fuel jet, nor shall any person sell, barter, furnish or give to a person under the age of eighteen years such a rocket missile, rocket engine or other device propelled by the thrust from a combustible fuel jet within the City.

(b) No person shall set off, explode, ignite or otherwise set in motion or send into flight into the air a rocket, missile, rocket engine or other device propelled by the thrust from a combustible fuel jet within the City except that this provision shall not apply to the following:

(1) Activities conducted and supervised by a teacher in the course of educational instruction or research upon school property.

(2) When written authorization has been issued by the Chief of the Fire Division as provided for in subsection (c) hereof permitting such activities under suitable conditions which ensure the safety of persons and property.

(3) The possession, sale or use of fireworks as regulated and prohibited by Section 549.10.

(c) Any person, being at least eighteen years of age, desiring to conduct any of the activities otherwise prohibited by this section shall make written application to the Fire Chief setting forth the date, time and place of such proposed activity a description of the persons who are to be in charge of such activities. Upon receipt of such an application, the Fire Chief may grant written permission for conducting such activities, subject to such restrictions and conditions as he may reasonably deem necessary for the protection of lives, health, safety and property.

(d) The Fire Chief may, as a condition for granting permission for the conduct of activities otherwise prohibited by this section, require the applicant or other responsible person to file with the Director of Finance an indemnity bond payable to the City in such sums as may be determined by the Fire Chief but not in excess of one thousand dollars ($1,000), with surety satisfactory to the Director of Finance, conditioned for the payment of all final judgments that may be rendered against the applicant for damages caused to persons or property by the activities otherwise prohibited by this section.

(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.

(b) No person shall discharge a blank cartridge pistol or rifle within the City, except that the prohibition against the discharge of a blank cartridge pistol or rifle shall not be applicable when the discharge is in connection with a properly supervised athletic event, or a theatrical performance, nor shall such prohibition be applicable when a permit authorizing the discharge of a blank cartridge pistol or rifle has been issued by the Mayor. (Ord. 63 4. Passed 1 2 63.)

(a) No minor shall have in his possession a blank cartridge pistol or gun or a blank cartridge therefor, nor shall any person sell, barter, furnish or give to a minor such a pistol or gun or a blank cartridge for a blank cartridge pistol or gun.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person shall have in his possession, carry or use within the boundaries of the City, except within his own domicile, any knife having a blade three inches in length or longer except where such knife is clearly designed for domestic use or is of the type commonly known as a hunting knife, is properly encased, and is being carried to or from a location for domestic or hunting uses.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person shall throw, cast or sling by hand or by means of a pea shooter, sling shot, bow or other similar instrument any stone, pellet or other missile within the confines of the City, except within his own domicile.

(a) No person shall have in his possession, carry or use within the boundaries of the City, except within his own domicile, any air gun, pellet gun, "B B" gun, gas operated gun, spring gun or any other similar type of instrument. However, nothing in this section shall be construed to prevent the carrying of any such instrument when unloaded and properly cased to and from any shooting range or gallery or to and from any area where hunting is allowed by law.

(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(a) No person shall possess or have under his or her control any substance, device, instrument, or article, with purpose to use it criminally.

(1) Possession or control of any dangerous ordnance, or the materials or parts for making a dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials or parts are intended for a legitimate use.

(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use.

(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.

(c) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony to be prosecuted under appropriate State law.

549.18 POSSESSION OF AN OBJECT INDISTINGUISHABLE FROM A FIREARM IN A SCHOOL SAFETY ZONE.

(a) No person shall knowingly possess an object in a school safety zone if both of the following apply:

(1) The object is indistinguishable from a firearm, whether or not the object is capable of being fired.

(2) The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.

(b) (1) This section does not apply to officers, agents or employees of this State or any other state or the United States, to law enforcement officers authorized to carry deadly weapons or dangerous ordnance and acting within the scope of their duties, to any security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment, or to any other person who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization.

(2) This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, or a ROTC activity or another similar use of the object.

(c) Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.

(d) (1) In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to division (d)(2) of this section, if the offender has not attained 19 years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender whichever of the following penalties applies:

A. If the offender has been issued a probationary driver's license, restricted license, driver's license or probationary commercial driver's license that then is in effect, the court shall suspend for a period of not less than 12 months and not more than 36 months that license of the offender.

B. If the offender has been issued a temporary instruction permit that then is in effect, the court shall revoke it and deny the offender the issuance of another temporary instruction permit. The period of denial shall be for not less than 12 months and not more than 36 months.

C. If the offender has been issued a commercial driver's license temporary instruction permit that then is in effect, the court shall suspend the offender's driver's license, revoke the commercial driver's license temporary instruction permit and deny the offender the issuance of another commercial driver's license temporary instruction permit. The period of suspension plus the period of denial shall total not less than 12 months and not more than 36 months.

D. If, on the date the court imposes sentence upon the offender for a violation of this section, the offender has not been issued any type of license that then is in effect to operate a motor vehicle in this State or a temporary instruction permit that then is in effect, the court shall deny the offender the issuance of a temporary instruction permit for a period of not less than 12 months and not more than 36 months.

E. If the offender is not a resident of this State, the court shall suspend for a period of not less than 12 months and not more than 36 months the nonresident operating privilege of the offender.

(2) If the offender shows good cause why the court should not suspend or revoke one of the types of licenses, permits or privileges specified in division (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in division (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in division (d)(1) of this section.

(e) As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.

Conveyance or possession of deadly weapons or dangerous ordnance in a school safety zone, felony offense, see Ohio R.C. 2923.122(A), (B)

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

See section histories for similar State law

Lighting railroads see Ohio R.C. 723.33 et seq.

Power to regulate train speed - see Ohio R.C. 723.48

Vehicular homicide - see GEN. OFF. 537.02

Criminal mischief - see GEN. OFF. 541.04

EDITOR'S NOTE: The United States Circuit Court of Appeals for the Sixth Circuit has held in a recent case that the Federal Railway Safety Act preempts local ordinances regarding railroad obstructions and railroad safety. See CSX Transportation, Inc. v. City of Plymouth, 86 F.3d 626 (6th Cir. 1996). Therefore, the provisions in this chapter have been repealed. For current enforcement, please consult appropriate State law.

553.01 OBSTRUCTING STREETS BY RAILROAD COMPANIES. (REPEALED)

Statutory reference:

Obstructing streets by railroad companies, see Ohio R.C. 5589.21

553.02 CLIMBING UPON RAILROAD CARS. (REPEALED)

Statutory reference:

Climbing upon railroad cars, see Ohio R.C. 4999.02

553.03 DUTIES OF LOCOMOTIVE ENGINEER. (REPEALED)

Statutory reference:

Duties of locomotive engineer, see Ohio R.C. 4999.04

553.04 SPEED AT GRADE CROSSINGS. (REPEALED)

(EDITOR'S NOTE: Section 553.05 was repealed as part of the 2001 updating and revision of these Codified Ordinances.)

2001 Replacement

(EDITOR'S NOTE: Section 553.99 was repealed as part of the 2001 updating and revision of these Codified Ordinances.)

CROSS REFERENCES

Smoking at self service filling stations see Ohio R.C. 3741.14

Smoking at places of fireworks storage see Ohio R.C. 3743.30, 3743.34

Smoking in places of public assembly see Ohio R.C. 3791.031

Causing fire through negligence in places of assembly see FIRE PREV.

1501.07 (BOCA F 322.0)

555.01 DEFINITIONS.

As used in this chapter:

(a) "Enclosed" means closed in by a roof and walls with appropriate openings for ingress or egress.

(b) "Smoke" and "smoking" mean the act of burning a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment, and also refers to the gaseous products and/or particles created by the use of such pipe, cigar, cigarette or other smoking equipment, including, but not limited to, the burning of any tobacco product, weed and/or other vegetable matter.

(Ord. 88 52. Passed 10 4 88.)

555.02 PURPOSE.

The health, safety and welfare of the residents of the City require that smoking be regulated in certain enclosed places of public assembly and/or employment.

(Ord. 88 52. Passed 10 4 88.)

555.03 AREAS IN WHICH SMOKING PROHIBITED.

(a) No person shall smoke in any of the following designated areas within the City and no person who owns or has control of any of the following designated areas shall permit smoking therein:

2001 Replacement

(3) All buildings and other enclosed structures owned by the City, County or State, provided that this subsection shall not apply to buildings or parts thereof which are rented to private parties or groups during the time or times when the building or part of a building is rented;

(b) Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(c) Businesses licensed by the Ohio Division of Liquor Control to sell intoxicating beverages for consumption on the premises;

(a) The owner, manager or operator of any of the places set forth in subsection (b) hereof may set aside designated areas where smoking is permitted, provided that the smoke is contained within those designated areas so as not to adversely affect nonsmoking areas within the same enclosed area. Smoke shall be contained in the smoking areas by the use of walls, separation, air segregation, partitions, filtration and/or ventilating systems, and in the absence of such controls, smoking shall not be permitted.

(2) Restaurants and other eating establishments with a seating capacity in excess of forty persons;

(4) Business establishments, offices and factories not previously enumerated, subject to such additional regulations as provided in this chapter governing work place smoking; and

(a) No employer, owner, operator or manager of a business shall fail, within three months of the adoption of this section (Ordinance 88 52, passed October 4, 1988), to adopt, implement and maintain a written smoking policy which shall provide for at least the following:

(1) That any nonsmoking employee may object, in writing, to his or her employer about smoke in the workplace; and

(2) That if such an objection is made, the employer shall, by use of walls, separation, partition or ventilating equipment, create a smoke free area so as to protect any such nonsmoking employee, and in the absence of such effective controls, the employer shall entirely prohibit smoking in the workplace.

(b) Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

The owner, manager or operator of any place where smoking is otherwise permitted may voluntarily provide and designate all or any part of such area as a no smoking area.

(a) No owner, manager or other person having control of any room, building or place shall fail to post "smoking permitted" and "no smoking" signs in conspicuous locations in every room, building or other place where smoking is permitted or prohibited under the provisions of this chapter.

(b) Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Any violation of this chapter shall be deemed to be a nuisance. In addition to other relief as may be provided, the Law Director may be directed to apply to the Court of Common Pleas for an injunction to prohibit continuing or repeated violations of this chapter.

(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

CROSS REFERENCES

Examination and treatment for venereal disease; HIV tests see Ohio R.C. 2907.27

Assistance to victims of sexual assault - see Ohio R.C. 2907.28 - 2907.30

Child victim, disposition of - see Ohio R.C. 2945.481

Registration of sex offenders in cities and counties see Ohio R.C. 2950.01 et seq.

Definitions generally see GEN. OFF. 606.01

Criminal child enticement see GEN. OFF. 636.075

Spreading contagion see GEN. OFF. 660.02

666.01 DEFINITIONS.

As used in this chapter:

(1) It tends to appeal to the prurient interest of juveniles.

(2) It contains a display, description, or representation of sexual activity, masturbation, sexual excitement, or nudity.

(3) It contains a display, description, or representation of bestiality or extreme or bizarre violence, cruelty, or brutality.

(4) It contains a display, description, or representation of human bodily functions of elimination.

(5) It makes repeated use of foul language.

2001 Replacement

(6) It contains a display, description, or representation in lurid detail of the violent physical torture, dismemberment, destruction, or death of a human being.

(7) It contains a display, description, or representation of criminal activity that tends to glorify or glamorize the activity and that, with respect to juveniles, has a dominant tendency to corrupt.

(c) "Material." Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, video cassette, laser disc, phonograph record, cassette tape, compact disc, or other tangible thing capable of arousing interest through sight, sound, or touch.

(e) "Nudity." The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

(f) "Obscene." When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply:

(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality.

(g) "Performance." Any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.

(h) "Prostitute." A male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.

(j) "Sexual conduct." Vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(k) "Sexual contact." Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(l) "Sexual excitement." The condition of human male or female genitals when in a state of sexual stimulation or arousal.

(m) "Spouse." A person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply: