Chapter 505 Animals and Fowl

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Section 505.01 Dogs and Other Animals Running at Large 

(a) No person being the owner or having charge of cattle, horses, swine, sheep, geese, ducks, goats, 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. 

(ORC 951.02) 

(b) No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat, unless the dog is properly in leash. 

(c) No owner, keeper, or harborer of any dog or cat shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape, or under reasonable control of some person. 

(d) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.

(ORC 951.02) 

(e) Whoever violates this subsection (a) hereof is guilty of a misdemeanor of the fourth degree. 

(ORC 951.99) 

(f) 

(1) Whoever violates subsection (b) or (c) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense. 

(2) In addition to the penalties prescribed in subsection (f)(1) hereof, if the offender is guilty of a violation of subsection (b) or (c) hereof, the court may order the offender to personally supervise the dog that he owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both. 

(ORC 955.99)

Section 505.02 Impounding and Disposition; Records

(a) A police officer or animal warden may impound every animal or dog found in violation of Section 505.01. If the dog is not wearing a valid registration tag and the owner is not otherwise reasonably determined, notice shall be posted in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law. If the dog is wearing a valid registration tag or the identity of the owner, keeper or harborer is otherwise reasonably determined, notice shall be given by certified mail to such owner, keeper or harborer that the dog has been impounded and unless redeemed within fourteen days of the date of notice, it may thereafter be sold or destroyed according to law. Any dog seized and impounded may be redeemed by its owner, keeper or harborer at any time prior to the applicable redemption period upon payment of all lawful costs assessed against the animal and upon providing the dog with a valid registration tag if it has none. 

(b) A record of all dogs impounded, the disposition of the same, the owner's name and address where known, and a statement of any costs assessed against the dog shall be kept by any poundkeeper.

Section 505.03 Annuals Registration of Dogs; Tags Required

(a) Except for guide 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. 

(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.

(ORC 955.99(D))

Section 505.04 Abandoning Animals 

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

(ORC 959.01) 

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

(ORC 959.99)

Section 505.05 Killing or Injuring Animals 

(a) No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity, or to trespassing animals as set forth in Ohio R.C. 959.04. 

(ORC 959.02) 

(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. 

(ORC 959.99(B))

Section 505.06 Poisoning Animals 

(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 farm animal, dog, cat, poultry or 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 of such animals, either upon his own lands or the lands of another. This section does not apply to trespassing animals as set forth in Ohio R.C. 959.04. 

(ORC 959.03) 

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

(ORC 959.99(C))

Section 505.07 Cruelty to Animals Generally 

(a) No person shall: 

(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 such confinement with a sufficient quantity of good wholesome food and water; 

(2) Impound or confine an animal without affording it, during such 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 subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure, windbreak, sunshade or natural windbreak or sunshade that is developed from the earth's contour, tree development or vegetation; 

(3) Carry or convey an animal in a cruel or inhuman manner; 

(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 twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such livestock 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 such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle. 

(ORC 959.13) 

(c) Whoever violates 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 subsection, 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. 

(ORC 959.99(D))

Section 505.08 Cruelty to Companion Animals

(a) As used in this section: 

(1) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. “Companion animal” does not include livestock or any wild animal. 

(2) “Cruelty”, “torment” and “torture” have the same meanings as in Ohio R.C. 1717.01. 

(3) “Residential dwelling” means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation. 

(4) “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01. 

(5) “Wild animal” has the same meaning as in Ohio R.C. 1531.01. 

(6) “Federal animal welfare act” means the “Laboratory Animal Act of 1966", Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. 2131 et seq., as amended by the “Animal Welfare Act of 1970", Pub. L. No. 91-579, 84 Stat. 1560 (1970), the “Animal Welfare Act Amendments of 1976", Pub. L. No. 94-279, 90 Stat. 417 (1976), and the “Food Security Act of 1985", Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended. 

(7) “Dog kennel” means an animal rescue for dogs that is registered under Ohio R.C. 956.06, a boarding kennel or a training kennel. 

(b) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal. 

(c) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following: 

(1) Torture, torment or commit an act or cruelty against the companion animal; 

(2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement; 

(3) Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter. 

(d) No owner, manager or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following: 

(1) Torture, torment, or commit an act of cruelty against the companion animal; 

(2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement; 

(3) Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter. 

(e) Subsections (b), (c) and (d) of this section do not apply to any of the following: 

(1) A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations; 

(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741; 

(3) Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs; 

(4) The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals; 

(5) The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Chapter 4741. 

(ORC 959.131)

(f) 

(1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree on a first offense. On each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. 

(2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. 

(3) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree. 

(4) 

(A) A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care. The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time. 

(B) A court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under Ohio R.C. 959.132. 

(5) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. 

(ORC 959.99) 

Section 505.09 Neglect of Animals 

(a) No person who owns or keeps an animal shall fail to provide the animal all of the following needs: 

(1) Clean, potable drinking water at all times, and suitable food, of sufficient quality and quantity as to ensure normal growth and the maintenance of normal body weight; 

(2) Food and water receptacles that are kept clean and disinfected, and located so as to avoid contamination by feces or other wastes; 

(3) Necessary veterinary care; 

(4) Shelter from the elements, including heat, cold, wind, rain, snow, or excessive direct sunlight. If the animal is housed outside, a structure for shelter and protection must be provided that is suitable for the species, age, condition, size, and type of that animal. The structure must be completely enclosed and insulated, having a single entrance/exit secured with a flap or door or similar devise. The structure shall be moisture-resistant, wind-resistant, and of suitable size and type to allow the animal to stand, turn about freely, lie in a normal position, and regulate proper body temperature. The structure shall be made of a durable material with a solid, moisture-proof floor and a floor raised at least two inches from the ground. Suitable drainage shall be provided so that water cannot be reasonably expected to gather and stand within 10 feet of the structure, and so the animal has access to a dry area at all times. Proper bedding of straw or similar material, that remains dry, must be utilized inside the structure. All structures required by this section shall be subject to all building and zoning regulations. 

(b) No person who shelters an animal from the elements by means of an animal shelter, a cage, or a pen shall fail to conform it to the following requirements: 

(1) The shelter, cage or pen shall be appropriate to the animal's size, weight, and other characteristics, with sufficient space to allow the animal to turn about freely and lie in a normal position; 

(2) The shelter, cage or pen shall provide sufficient shade to allow the animal to escape the direct rays of the sun at all times; 

(3) The shelter, cage or pen shall be regularly cleaned and sanitized. 

(c) 

(1) A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the animals in that person's ownership or care. The court also may prohibit or place limitations on the person's ability to own or care for any animals for a specified or indefinite period of time. 

(2) A court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of an animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under Ohio R.C. 959.132. 

(3) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling pursuant to Ohio R.C. 959.99.

Section 505.10 Barking or Howling Dogs 

(a) No person shall keep or harbor any dog within the Municipality which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the Municipality. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog. 

(b) Whoever violates this section is guilty of a minor misdemeanor.

Section 505.11 Hunting Prohibited

(a) No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality. 

(b) Whoever violates this section is guilty of a minor misdemeanor.

Section 505.12 Coloring Rabbits or Baby Poultry; Sale or Display of Poultry 

(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 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. 

(ORC 925.62) 

(b) Whoever violates this section is guilty of a minor misdemeanor.

Section 505.13 Report of Escape of Exotic or Dangerous Animals

(a) The owner or keeper of any member of a species of the animal kingdom that escapes from his 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 discovers or reasonably should have discovered the escape, report it to: 

(1) A law enforcement officer of the Municipality and the sheriff of the county where the escape occurred; and 

(2) The Clerk of the Municipal Legislative Authority. 

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

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

(ORC 935.16)  

Section 505.14 Dangerous and Vicious Dog

(a) Definitions. 

(1) "Dangerous dog" as the term is used in this section means a dog that without provocation has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top. 

(2) "Vicious dog" as the term is used in this section means: 

(A) Any dog with a known propensity, tendency or disposition to attack, unprovoked, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or 

(B) Any dog which attacks a human being or another domestic animal without provocation; or 

(C) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting. 

(D) Any dog which is not licensed in accordance with state law. 

(3) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person. 

(4) "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity. 

(b) Prohibitions.

(1) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by the owner, keeper, harborer or a handler; 

(A) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained; 

(B) While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following: 

(i) Keep the dog in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top; 

(ii) Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; 

(iii) Muzzle that dog. 

(2) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of dog fighting or for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domestic animals. 

(c) Penalties. 

(1) If a violation of subsection (b) hereof involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the Court may order the offender to personally supervise the dangerous dog that he owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the Court may order the offender to obtain liability insurance pursuant to Division (E) of Ohio R.C. 955.22. The Court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society. 

(2) If a violation of subsection (b) hereof involves a vicious dog, whoever violates that division is guilty of one of the following:  

(A) A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the County Humane Society. 

(B) A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person. 

(3) Whoever violates subsection (b)(2) hereof is guilty of a misdemeanor of the first degree. 

(d) Owner Responsible For Expenses. In the event of a conviction pursuant to this section, any person found guilty shall pay all expenses, including shelter, food and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and any other expenses as may be required for the destruction of any such dog.

Section 505.15 Birds 

(a) No person shall kill or injure any wild bird, nor throw, fire or shoot a bullet, stone, arrow or other missile at such bird, or break, tear down or destroy any bird's nest or the eggs or other contents of such nest, nor shall any person catch or capture any wild bird or set traps, or spread nets or snares, with intent to catch or capture the same, or follow or pursue the same, with intent to catch or injure such bird. 

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

Section 505.16 Excreta Removal 

(a) The owner, keeper or persons having charge of any animal shall be responsible for the removal of any excreta deposited by such animal on a public walk, street or right-of-way, recreation or park area or private property other than his own. 

(b) Whoever violates this section is guilty of a minor misdemeanor

Section 505.17 Tethering Animals 

(a) No person shall tether an animal outdoors in any of the following circumstances: 

(1) For more than six hours total in a 24-hour period or for more than three consecutive hours with less than a one hour period between tetherings; 

(2) Between the hours of 10:00 p.m. and 6:00 a.m.; 

(3) If a heat or cold advisory has been issued by a local or state authority or the National Weather Service; 

(4) If a severe weather warning has been issued by a local or state authority or the National Weather Service; 

(5) If the tether is less than five times the animal's length; 

(6) If the tether allows the animal to touch the fence or cross the property line or cross onto public property; 

(7) If the tether is attached by means of a pinch-type, prong-type, or choke-type collar or if the collar is unsafe or is not properly fitted; 

(8) If the tether may cause injury or entanglement; 

(9) If the animal is not provided with its needs as identified in Section 505.072; 

(10) If the tether is made of a material that is unsuitable for the animal's size and weight or that causes any unnecessary discomfort to the animal; 

(11) If no owner or occupant is present at the premises. 

(b) As used in this section, "tether" means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.

(c) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.

Chapter 509 Disorderly Conduct and Peace Disturbance

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Section 509.01 Riot 

(a) No person shall participate with four or more others in a course of disorderly conduct in violation of Section 509.03:

(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 such institution.

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

(c) Whoever violates this section is guilty of riot, a misdemeanor of the first degree.  

(ORC 2917.03)

Section 509.02 Inciting to Violence 

(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.   

(ORC 2917.01)

Section 509.03 Failure to Disperse

(a) Where five or more persons are participating in a course of disorderly conduct in violation of Section 509.03, 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 such other persons to disperse.  No person shall knowingly fail to obey such order.

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

(c)  

(1) Whoever violates this section is guilty of failure to disperse.

(2) Except as otherwise provided in subsection (c)(3) hereof, failure to disperse is a minor misdemeanor.

(3) Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in subsection (a) hereof, creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.  

(ORC 2917.04)

Section 509.04 Disorderly Conduct; Intoxication

(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 offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;

(3) Insulting, taunting or challenging another, under circumstances in which such 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 which serves no lawful and reasonable purpose of the offender;

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

(b) No person, while voluntarily intoxicated shall do either of the following:

(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 were not intoxicated, should know is likely to have such effect on others;

(2) Engage in conduct or create a condition which presents a risk of physical harm to himself 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 subsection (b) hereof.

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

(e)  

(1) Whoever violates this section is guilty of disorderly conduct.

(2) Except as otherwise provided in subsections (e)(3) and (e)(4), disorderly conduct is a minor misdemeanor.

(3) 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.

(f) As used in this section:

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

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

(3) “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.

(4) “Committed in the vicinity of a school” has the same meaning as in Ohio R.C. 2925.01.  

(ORC 2917.11)

Section 509.05 Disturbing a Lawful Meeting 

(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 such 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.

(ORC 2917.12)

Section 509.06 Misconduct in an Emergency 

(a) No person shall knowingly do any of the following:

(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 subsection, misconduct at an emergency is a misdemeanor of the fourth degree.  If a 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.

(d) As used in this section:

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

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

(3) “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.

(ORC 2917.13)

Section 509.07 Inducing Panic

(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 such report or warning is false;

(2) Threatening to commit any offense of violence;

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

(b) Division (a) hereof does not apply to any person conducting an authorized fire or emergency drill.

(c) Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree.  If inducing panic results in physical harm to any person, economic harm of one thousand dollars ($1,000) or more, if the public place involved in a violation of this section is a school or an institution of higher education, or if the violation pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony and shall be prosecuted under appropriate State law.

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

(e) As used in this section:

(1) “Economic harm” means any of the following:

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

(i) All wages, salaries, or other compensation lost as a result of the criminal conduct;

(ii) 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;

(iii) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;

(iv) 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 Municipality as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Section 509.07, 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.

(2) “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.

(3) “Weapon of mass destruction” means any of the following:

(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 their precursors;

(B) Any weapon involving a disease organism or biological agent;

(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:

(i) 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;

(ii) Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (e)(3)D.1. of this section and from which an item or device described in that division may be readily assembled.

(4) “Biological agent” has the same meaning as in Ohio R.C. 2917.33.

(5) “Emergency medical services personnel” has the same meaning as in Ohio R.C. 2133.21.

(6) “Institution of higher education” means any of the following:

(A) A state university or college as defined in Ohio R.C. 3345.12(A)(1), community college, state community college, university branch, or technical college;

(B) A private, nonprofit college, university or other post-secondary institution located in this State that possesses a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713.

(C) A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools under Ohio R.C. Chapter 3332.  

(ORC 2917.31)

Section 509.08 Making False Alarms 

(a) No person shall do any of the following:

(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 such offense did not occur.

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

(c) Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree.  If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, or 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 and shall be prosecuted under appropriate State law.

(d) Any act that is a violation of this section and any other section of the 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 meanings as in Section 509.06.  

(ORC 2917.32)

Section 509.09 Radio and Television Reception Interference

(a) No person, firm or corporation shall use or cause to be used, maintain and operate or cause to be maintained and operated, any device, appliance, equipment or apparatus in such a manner as to cause electro-static or electro-magnetic waves or high frequency oscillations or radiations which interfere with radio or television broadcast receiving apparatus, or wireless receiving apparatus, except that a person duly licensed to practice medicine, osteopathy, dentistry or any limited branch or branches of medicine or surgery, duly licensed by the State, in the course of the practice of his or her profession, may operate or cause to be operated under his or her direct supervision, any machine necessary to give such treatment, provided, however, that all reasonable methods of preventing interference with radio broadcasting reception, either through insulation, screening of the rooms or premises in which such operation shall be conducted, or other reasonable and approved methods of interference prevention shall be installed and used.

(b) Whoever violates this section is guilty of a minor misdemeanor.

Chapter 513 Drug Abuse Control 

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Section 513.01 Definitions 

As used in this chapter, certain terms are defined as follows:

(a) All words and phrases defined in O.R.C. Sections 3719.01 and 3719.011 have the same meaning as provided therein when used in this chapter except as otherwise provided.

(b) The following word and phrases have the same meaning as provided in O.R.C. Section 2925.01.

(1) "Bulk amount";

(2) "Counterfeit controlled substance";

(3) "Dangerous drug";

(4) “Fentanyl-related compound”;

(5) "Harmful intoxicant";

(6) “Hashish”;

(7) "Juvenile";

(8) “Manufacture”;

(9) “Methamphetamine”;

(10) "Possess" or "possession";

(11) “Public premises”;

(12) "Sample drug";

(13) "School";

(14) "School building" ;

(15) "School premises"; and

(16) "Unit dose".

(c) Offense.

(1) 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 one thousand feet of the boundaries of any school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises.  

(ORC 2925.01)

(2) An offense is “committed in the vicinity of a juvenile” if the offender commits the offense within one hundred 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 one hundred feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.

(ORC 2925.01)

Section 513.02 Gift of Marihuana

(a) No person shall knowingly give or offer to make a gift of twenty grams or less of marihuana.

(b) Whoever violates this section is guilty of trafficking in marihuana.  Trafficking in marihuana is a minor misdemeanor for the first offense and, for any subsequent offense, it is a misdemeanor of the third degree.  If the offense was committed in the vicinity of a school or the vicinity of a juvenile, trafficking in marihuana is a misdemeanor of the third degree.

(c) The court may by order suspend for not more than five years the driver’s or commercial driver’s license or permit of any person who is convicted of or pleads guilty to any violation of this section.   However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall 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 suspended pursuant to this subsection, the offender, at any time after the expiration of two years from the day on which the offender’s sentence was imposed, may file a motion with the sentencing court requesting termination of the suspension; upon the filing of such a motion and the court’s finding of good cause for the termination, the court may terminate the suspension.

(ORC 2925.03)

Section 513.03 Drug Abuse, Controlled Substance Possession or Use 

(a) No person shall knowingly obtain, possess or use a controlled substance or a controlled substance analog.

(b)  

(1) This section does not apply to the following:

(A) 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, 4729, 4730, 4731 and 4741.

(B) 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;

(C) 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", 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that Act;

(D) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs if the prescription was issued for a legitimate medical purpose and not altered, forged or obtained through deception or commission of a theft offense. As used in subsection (b)(1)D. of this section, “deception” and “theft offense” have the same meanings as in Ohio R.C. 2913.01.

(2) 

(A) As used in subsection (b)(2) of this section:

(i) “Community addiction services provider” has the same meaning as in Ohio R.C. 5119.01.

(ii) “Community control sanction” and “drug treatment program” have the same meanings as in Ohio R.C. 2929.01.

(iii) “Health care facility” has the same meaning as in Ohio R.C. 2919.16.

(iv) “Minor drug possession offense” means a violation of this section that is a misdemeanor or a felony of the fifth degree.

(v) “Post-release control sanction” has the same meaning as in Ohio R.C. 2967.28.

(vi) “Peace officer” has the same meaning as in Ohio R.C. 2935.01.

(vii) “Public agency” has the same meaning as in Ohio R.C. 2930.01.

(viii) “Qualified individual” means a person who is not on community control or post-release control and is a person acting in good faith who seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person who experiences a drug overdose and who seeks medical assistance for that overdose, or a person who is the subject of another person seeking or obtaining medical assistance for that overdose as described in subsection (b)(2)B. of this section.

(ix) “Seek or obtain medical assistance” includes, but is not limited to making a 9-1-1 call, contacting in person or by telephone call an on-duty peace officer, or transporting or presenting a person to a health care facility.

(B) Subject to subsection (b)(2)F. of this section, a qualified individual shall not be arrested, charged, prosecuted, convicted or penalized pursuant to this chapter for a minor drug possession offense if all of the following apply:

(i) The evidence of the obtaining, possession or use of the controlled substance or controlled substance analog that would be the basis of the offense was obtained as a result of the qualified individual seeking the medical assistance or experiencing an overdose and needing medical assistance.

(ii) Subject to subsection (b)(2)G. of this section, within thirty days after seeking or obtaining the medical assistance, the qualified individual seeks and obtains a screening and receives a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional.

(iii) Subject to subsection (b)(2)G. of this section, the qualified individual who obtains a screening and receives a referral for treatment under subsection (b)(2)B.1. of this section, upon the request of any prosecuting attorney, submits documentation to the prosecuting attorney that verifies that the qualified individual satisfied the requirements of that subsection.  The documentation shall be limited to the date and time of the screening obtained and referral received.

(C) If a person is found to be in violation of any community control sanction and if the violation is a result of either of the following, the court shall first consider ordering the person’s participation or continued participation in a drug treatment program or mitigating the penalty specified in Ohio R.C. 2929.13, 2929.15, or 2929.25, whichever is applicable, after which the court has the discretion either to order the person’s participation or continued participation in a drug treatment program or to impose the penalty with the mitigating factor specified in any of those applicable sections:

(i) Seeking or obtaining medical assistance in good faith for another person who is experiencing a drug overdose;

(ii) Experiencing a drug overdose and seeking medical assistance for that overdose or being the subject of another person seeking or obtaining medical assistance for that overdose as described in subsection (b)(2)B. of this section.

(D) If a person is found to be in violation of any post-release control sanction and if the violation is a result of either of the following, the court or the parole board shall first consider ordering the person’s participation or continued participation in a drug treatment program or mitigating the penalty specified in Ohio R.C. 2929.141 or 2967.28, whichever is applicable, after which the court or the parole board has the discretion either to order the person’s participation or continued participation in a drug treatment program or to impose the penalty with the mitigating factor specified in either of those applicable sections:

(i) Seeking or obtaining medical assistance in good faith for another person who is experiencing a drug overdose;

(ii) Experiencing a drug overdose and seeking medical assistance for that emergency or being the subject of another person seeking or obtaining medical assistance for that overdose as described in subsection (b)(2)B. of this section.

(E) Nothing in subsection (b)(2)B. of this section shall be construed to do any of the following:

(i) Limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regards to a defendant who does not qualify for the protections of subsection (b)(2)B. of this section or with regards to any crime other than a minor drug possession offense committed by a person who qualifies for protection pursuant to subsection (b)(2)B. of this section for a minor drug possession offense;

(ii) Limit any seizure of evidence or contraband otherwise permitted by law;

(iii) Limit or abridge the authority of a peace officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in that division;

(iv) Limit, modify or remove any immunity from liability available pursuant to law in effect prior to the effective date of this amendment to any public agency or to an employee of any public agency.

(F) Subsection (b)(2)B. of this section does not apply to any person who twice previously has been granted an immunity under subsection (b)(2)B. of this section.  No person shall be granted an immunity under subsection (b)(2)B. of this section more than two times.

(G) Nothing in this section shall compel any qualified individual to disclose protected health information in a way that conflicts with the requirements of the “Health Insurance Portability and Accountability Act of 1996", 104 Pub. L. No. 191, 110 Stat. 2021, 42 U.S.C. 1320d et seq., as amended, and regulations promulgated by the United States Department of Health and Human Services to implement the act or the requirements of 42 C.F.R. Part 2.

(c) Whoever violates subsection (a) hereof is guilty of one of the following:

(1) If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule III, IV, or V, whoever violates subsection (a) hereof is guilty of possession of drugs.  Possession of drugs is a misdemeanor if the amount of the drug involved does not exceed the bulk amount.  The penalty for the offense shall be determined as follows:   possession of drugs is a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, a felony and shall be prosecuted under appropriate State law.

(2) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates subsection (a) hereof is guilty of possession of marihuana.  Possession of marihuana is a misdemeanor if the amount of the drug involved does not exceed 200 grams.  The penalty for the offense shall be determined as follows:

(A) Except as otherwise provided in subsection (c)(2)B. hereof, 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.

(3) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates subsection (a) hereof is guilty of possession of hashish.  Possession of hashish is a misdemeanor if the amount of the drug involved does not exceed the maximum amount specified in subsection (c)(3)B. hereof.  The penalty for the offense shall be determined as follows:

(A) Except as otherwise provided in subsection (c)(3)B. hereof, 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.

(d) In addition to any other sanction that is imposed for an offense under this section,  the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.

(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.  

(ORC 2925.11)

Section 513.04 Possessing Drug Abuse Instruments 

(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, 4729, 4730, 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 upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.  

(ORC 2925.12)

Section 513.05 Permitting Drug Abuse

(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(A), 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 the premises, or real estate, including vacant land, to be used for the commission of a felony drug abuse offense by another person.

(c) Whoever violates this section is guilty of permitting drug abuse, a misdemeanor of the first degree.  If the felony drug abuse offense in question is a violation of Ohio R.C. 2925.02,  2925.03, 2925.04 or 2925.041 as provided in Ohio R.C. 2925.13, permitting drug abuse is a felony and shall be prosecuted under appropriate State law.

(d) In addition to any other sanction imposed for an offense under this section, the court that sentences a person who is convicted of or pleads guilty to a violation of this section may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.

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

(ORC 2925.13)

Section 513.06 Illegal Cultivation of Marihuana

(a) No person shall knowingly cultivate marihuana.

(b) This section does not apply to any person listed in Ohio R.C. 2925.03(B)(1) to (3)  to the extent and under the circumstances described in those divisions.

(c) Whoever commits a violation of subsection (a) hereof is guilty of illegal cultivation of marihuana.  Illegal cultivation of marihuana is a misdemeanor if the amount of marihuana involved does not exceed 200 grams.

(1) Except as otherwise provided in subsection (c)(2) hereof, illegal cultivation of marihuana is a minor misdemeanor, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree.

(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, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree.

(d) In addition to any other sanction imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend the offender’s driver’s or commercial driver’s license or permit in accordance with division (G) of Ohio R.C. 2925.03.  If an offender’s driver’s or commercial driver’s license or permit is suspended in accordance with that division, the offender may request termination of, and the court may terminate, the suspension 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 an application for employment, a license, or any other right or privilege or made in connection with the person’s appearance as a witness.  

(ORC 2925.04)

Section 513.07 Possessing or Using Harmful Intoxicants 

(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 and shall be prosecuted under appropriate State law.

(c) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.  

(ORC 2925.31)

Section 513.08 Illegally Dispensing Drug Samples 

(a) No person shall knowingly furnish another a sample drug.

(b) Subsection (a) hereof 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, 4729, 4730, 4731, and 4741.

(c) Whoever violates this section is guilty of illegal dispensing of drug samples.  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, or is marihuana, the penalty for the offense shall be determined as follows:

(1) Except as otherwise provided in subsection (c)(2) hereof, illegal dispensing of drug samples is a misdemeanor of the second degree.

(2) 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 other sanction imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.  

(ORC 2925.36)

Section 513.09 Controlled Substance or Prescription Labels 

(a) As used in this section, “repackager” and “outsourcing facility” have the same meanings as in ORC 4729.01.

Whenever a manufacturer sells a controlled substance, and whenever a wholesaler, repackager, or outsourcing facility sells a controlled substance in a package the wholesaler, repackager or outsourcing facility has prepared, the manufacturer or the wholesaler, repackager or outsourcing facility, as the case may be, 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) Except as provided in subsection (c) of this section, when a pharmacist dispenses any controlled substance on a prescription for use by a patient, or supplies a controlled substance to a licensed health professional authorized to prescribe drugs for use by the professional in personally furnishing patients with controlled substances, the pharmacist shall affix to the container in which the controlled substance is dispensed or supplied a label showing the following:

(1) The name and address of the pharmacy dispensing or supplying the controlled substance;

(2) The name of the patient for whom the controlled substance is prescribed and, if the patient is an animal, the name of the owner and the species of the animal;

(3) The name of the prescriber;

(4) All directions for use stated on the prescription or provided by the prescriber;

(5) The date on which the controlled substance was dispensed or supplied;

(6) The name, quantity and strength of the controlled substance and, if applicable, the name of the distributor or manufacturer.

(c) The requirements of subsection (b) of this section do not apply when a controlled substance is prescribed or supplied for administration to an ultimate user who is institutionalized.

 (d) A licensed health professional authorized to prescribe drugs who personally furnishes a controlled substance to a patient shall comply with division (A) of ORC 4729.291 with respect to labeling and packaging of the controlled substance.

 (e) No person shall alter, deface, or remove any label affixed pursuant to this section as long as any of the original contents remain.

 (f) Every label for a schedule II, III or IV controlled substance shall contain the following warning:

 (g) “Caution: federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed”.

(ORC 3719.08)

 (h) Whoever violates this section is guilty of a misdemeanor of the first degree.  If the offender has previously been convicted of a violation of this section, Ohio R.C. 3719.07 or 3719.08 or a drug abuse offense, such violation is a felony and shall be prosecuted under appropriate State law.

(ORC 3719.99)

Section 513.10 Hypodermic Possession, Display, Dispensing 

(a) Possession of a hypodermic is authorized for the following:

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

(2) 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 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;

(6) A farmer, for the lawful administration of a drug to an animal;

(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.  

(ORC 3719.172)

 (c) Whoever violates this section is guilty of a misdemeanor of the third degree.  If the offender has previously been convicted of a violation of this section, Ohio R.C. 3719.05, 3719.06, 3719.13, 3719.172(B) or (E), or 3719.31 or a drug abuse offense, a violation is a misdemeanor of the first degree.  

(ORC 3719.99)

Section 513.11 Harmful Intoxicants; Possessing Nitrous Oxide in Motor Vehicle

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

(b) Unless authorized under Ohio R.C. Chapter 3719, 4715, 4729, 4731, 4741 or 4765, 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.

(d) In addition to any other sanction imposed upon an offender for possessing nitrous oxide in a motor vehicle, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  

(ORC 2925.33)

 Section 513.12 Drug Paraphernalia 

(a) As used in this section, "drug paraphernalia" means any equipment, product or material of any kind that is used by the offender, intended by the offender for use or designed for use, in 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 in violation of this chapter or Ohio R.C. Chapter 2925.  "Drug paraphernalia" includes, but is not limited to, any of the following equipment, products or materials that are used by the offender, intended by the offender for use or designated by the offender for use, in any of the following manners:

(1) A kit for propagating, cultivating, growing or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;

(2) A kit for manufacturing, compounding, converting, producing, processing or preparing a controlled substance;

(3) Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine;

(4) An isomerization device for increasing the potency of any species of a plant that is a controlled substance;

(5) Testing equipment for identifying, or analyzing the strength, effectiveness or purity of, a controlled substance;

(6) A scale or balance for weighing or measuring a controlled substance;

(7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, for cutting a controlled substance;

(8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;

(9) A blender, bowl, container, spoon or mixing device for compounding a controlled substance;

(10) A capsule, balloon, envelope or container for packaging small quantities of a controlled substance;

(11) A container or device for storing or concealing a controlled substance;

(12) A hypodermic syringe, needle or instrument for parenterally injecting a controlled substance into the human body;

(13) An object, instrument or device for ingesting, inhaling or otherwise introducing into the human body, marihuana, cocaine, hashish or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe, with or without a screen, permanent screen, hashish head or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.

(b) In determining if any equipment, product or material  is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:

(1) Any statement by the owner, or by anyone in control, of the equipment, product or material, concerning its use;

(2) The proximity in time or space of the equipment, product or material, or of the act relating to the equipment, product or material, to a violation of any provision of this chapter or Ohio R.C. Chapter 2925;

(3) The proximity of the equipment, product or material to any controlled substance;

(4) The existence of any residue of a controlled substance on the equipment, product or material;

(5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product or material, to deliver it to any person whom the owner or person in control of the equipment, product or material knows intends to use the object to facilitate a violation of any provision of this chapter or Ohio R.C. Chapter 2925.  A finding that the owner, or anyone in control, of the equipment, product or material, is not guilty of a violation of any other provision of this chapter or Ohio R.C. Chapter 2925, does not prevent a finding that the equipment, product or material was intended or designed by the offender for use as drug paraphernalia;

(6) Any oral or written instruction provided with the equipment, product or material concerning its use;

(7) Any descriptive material accompanying the equipment, product or material and explaining or depicting its use;

(8) National or local advertising concerning the use of the equipment, product or material;

(9) The manner and circumstances in which the equipment, product or material is displayed for sale;

(10) Direct or circumstantial evidence of the ratio of the sales of the equipment, product or material to the total sales of the business enterprise;

(11) The existence and scope of legitimate uses of the equipment, product or material in the community;

(12) Expert testimony concerning the use of the equipment, product or material.

(c)  

(1) Subject to subsection (d)(2) of this section, no person shall knowingly use, or possess with purpose to use, drug paraphernalia.

(2) No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if the person knows or reasonably should know that the equipment, product or material will be used as drug paraphernalia.

(3) No person shall place an advertisement in any newspaper, magazine, handbill or other publication that is published and printed and circulates primarily within this State, if the person knows that the purpose of the advertisement is to promote the illegal sale in the State of the equipment, product or material that the offender intended or designed for use as drug paraphernalia.

(d)  

(1) 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, 4729, 4730, 4731, and 4741.  This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.

(2) Subsection (c)(1) of this section does not apply to a person’s use, or possession with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana.

(e) Notwithstanding Ohio R.C. Chapter 2981, any drug paraphernalia that was used, possessed, sold or manufactured in violation of this section shall be seized, after a conviction for that violation shall be forfeited, and upon forfeiture shall be disposed of pursuant to Ohio R.C. 2981.12.

(f)  

(1) Whoever violates subsection (c)(1) hereof is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.

(2) Except as provided in subsection (f)(3) hereof, whoever violates subsection (c)(2) hereof is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.

(3) Whoever violates subsection (c)(2) hereof by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.

(4) Whoever violates subsection (c)(3) hereof is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.

(g) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.  If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R.C. 2925.38.  

(ORC 2925.14)

Section 513.13 Marihuana Drug Paraphernalia 

(a) As used in this section, “drug paraphernalia” has the same meaning as in Section 513.12.

 (b) In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in subsection (b) of Section 513.12.

 (c) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana.

(d) This section does not apply to any person identified in subsection (d)(1) of Section 513.12 and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.

 (e) Subsection (e) of Section 513.12 applies with respect to any drug paraphernalia that was used or possessed in violation of this section.

(f) Whoever violates subsection (c) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.

(g) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.  However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.   If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R.C. 2925.38.  

(ORC 2925.141)

Section 513.14 Counterfeit Controlled Substances 

(a) No person shall knowingly possess any counterfeit controlled substance.

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

(ORC 2925.37)

(c) The court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.   However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.  

(ORC 2925.37)

Section 513.15 Offender May be Required to Pay for Controlled Substance Tests 

In addition to the financial sanctions authorized or required under Ohio R.C. 2929.18 and 2929.28 and to any costs otherwise authorized or required under any provision of law, the court imposing sentence upon an offender who is convicted of or pleads guilty to a drug abuse offense may order the offender to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in having tests performed under Ohio R.C. 2925.51, or in any other manner on any substance that was the basis of, or involved in, the offense to determine whether the substance contained any amount of a controlled substance if the results of the tests indicate that the substance tested contained any controlled substance. No court shall order an offender under this section to pay the costs of tests performed on a substance if the results of the tests do not indicate that the substance tested contained any controlled substance.

The court shall hold a hearing to determine the amount of costs to be imposed under this section.  The court may hold the hearing as part of the sentencing hearing for the offender.

(ORC 2925.511)

Section 513.16 Medical Marihuana

(a) The cultivation, processing, and retail dispensing of marijuana for medical purposes, as defined in Chapter 3796 of the Ohio Revised Code, is hereby specifically prohibited with the City of North Canton.

(b) For the purpose of this section, "medical marijuana" shall have the same meaning as defined in Section 3796.01(A)(2) of the Ohio Revised Code.

Chapter 517 Gambling 

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Section 517.01 Definitions 

(a) All words and phrases defined in Ohio Revised Code Section 2915.01 have the same meaning as provided therein when used in this Chapter except as otherwise provided.

Section 517.02 Gambling 

(a) No person shall do any of the following:

(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 game of chance conducted for profit or any scheme of chance;

(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 game of chance conducted for profit or any scheme of chance;

(4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;

(5) Conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility and either:

(A) Give to another person any merchandise prize as a prize for playing or participating in a sweepstakes; or

(B) Give to another person any merchandise prize, or a redeemable voucher for a merchandise prize, the wholesale value of which is in excess of ten dollars and which is awarded as a single entry for playing or participating in a sweepstakes.  Redeemable vouchers shall not be redeemable for a merchandise prize that has a wholesale value of more than ten dollars.

(6) Conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility without first obtaining a current annual “certificate of registration” from the Attorney General as required by O.R.C. 2915.02(F).

(7) With purpose to violate Section 517.02(a)(1), (2), (3), (4), (5), or (6) acquire, possess, control, or operate any gambling device.

(b) For purposes of Section 517.02(a)(1), a person facilitates bookmaking if the person 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 Section 517.02(a)(2), a person facilitates a game of chance conducted for profit or a scheme of chance if the person in any way knowingly aids in the conduct or operation of any such game or scheme, including, without limitation, playing any such game or scheme.

(c) This section does not prohibit conduct in connection with gambling expressly permitted by law.

(d) This section does not apply to any of the following:

(1) Games of chance, if all of the following apply:

(A) The games of chance are not craps for money or roulette for money.

(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 subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code.

(C) The games of chance are conducted at festivals of the charitable organization that are conducted not more than a total of five days a calendar 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 Section 517.02(d)(1)(C) if the veteran's or fraternal organization has already leased the premises twelve 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 Section 517.02(d)(1)(C), 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 Section 517.06(b)(1) 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, or given, donated or otherwise transferred to, any organization that is described in subsection 509(a)(1), (2) or (3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;

(E) The games of chance are not conducted during, or within ten hours of, a bingo game conducted for amusement purposes only pursuant to Section 517.13.

No person shall receive any commission, wage, salary, reward, tip, donations, gratuity or other form of compensation, directly or indirectly, for operating or assisting in the operation of any game of chance.

(2) Any tag fishing tournament operated under a permit issued under O.R.C. 1533.92, as "tag fishing tournament" is defined in O.R.C. 1531.01.

(3) Bingo conducted by a charitable organization that holds a license issued under O.R.C. 2915.08.

(e) Section 517.02(d) shall not be construed to authorize the sale, lease or other temporary or permanent transfer of the right to conduct games of chance, as granted by subsection (d) hereof, 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 a gambling offense, gambling is a felony and shall be prosecuted under appropriate State law.  

(ORC 2915.02)

Section 517.03 Operating a Gambling House 

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

(1) Use or occupy such premises for gambling in violation of Section 517.02;

(2) Recklessly permit such premises to be used or occupied for gambling in violation of Section 517.02.

(b) Whoever violates 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 and shall be prosecuted under appropriate State law.

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

(ORC 2915.03)

Section 517.04 Public Gaming

(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 or scheme 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 those premises to be used or occupied in violation of Section 517.04(a).

(c) Section 517.04(a) and (b) do not prohibit conduct in connection with gambling expressly permitted by law.

(d) Whoever violates this section is guilty of public gaming. Except as otherwise provided in this subsection, public gaming is 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 Section 517.04(b) constitute a nuisance subject to abatement under O.R.C. 3767.  

(ORC 2915.04)

Section 517.05 Cheating 

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

(1) The subject of a bet;

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

(3) A scheme or game of chance;

(4) Bingo.

(b) Whoever violates this section is guilty of cheating.  Except as otherwise provided in this subsection cheating is a misdemeanor of the first degree.  If the potential gain from the cheating is one thousand dollars ($1,000) or more, or if the offender previously has been convicted of any gambling offense or of any theft offense as defined in O.R.C. 2913.01, cheating is a felony and shall be prosecuted under appropriate State law.  

(ORC 2915.05)

Section 517.06 Methods of Conducting Bingo Game; Prohibitions 

(a) No charitable organization that conducts bingo shall fail to do any of the following:

(1) Own all of the equipment used to conduct bingo or lease that equipment from a charitable organization that is licensed to conduct bingo, or from the landlord of a premises where bingo is conducted, for a rental rate that is not more than is customary and reasonable for that equipment;

(2) Use, or give, donate, or otherwise transfer, all of the net profit derived from bingo, other than instant bingo, for a charitable purpose listed in its license application or distribute all of the net profit from the proceeds of the sale of instant bingo as stated in its license application and in accordance with O.R.C. 2915.101.

(b) No charitable organization that conducts a charitable bingo game shall fail to do any of the following:

(1) 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 the lesser of six hundred dollars ($600.00) per bingo session or forty-five per cent of the gross receipts of the 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. No charitable organization is required to pay property taxes or assessments on premises that the charitable organization leases from another person to conduct bingo sessions.  If the charitable organization leases from a person  other than a charitable organization the premises on which it  conducts bingo sessions, the lessor of the premises shall   provide the premises to the organization and shall not provide the organization with bingo game operators, security personnel, concessions or concession operators, bingo supplies, or any other type of service. A charitable organization shall not lease or sublease premises that it owns or leases to more than three other charitable organizations per calendar week for conducting bingo sessions 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 three charitable organizations per calendar week for conducting bingo sessions on the premises. In no case shall more than nine bingo sessions be conducted on any premises in any calendar week.

(2) Display its license conspicuously at the premises where the bingo session is conducted;

(3) Conduct the bingo session in accordance with the definition of bingo set forth in O.R.C. 2915.01(O)(1).

(c) No charitable organization that conducts a charitable bingo game shall do any of the following:

(1) Pay any compensation to a bingo game operator for operating a bingo session that is conducted by the charitable organization or for preparing, selling, or serving food or   beverages at the site of the bingo session, 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 session;

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

(4) Except as otherwise provided in subsection (c)(4) of this section, conduct more than three bingo sessions in any seven-day period. 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 three bingo sessions in a seven-day period after notifying the Attorney General when it will conduct the sessions;

(5) Pay out more than six thousand dollars ($6,000) in prizes for bingo games described in O.R.C. 2915.01(O)(1) during any bingo session that is conducted by the charitable organization.  “Prizes” does not include awards from the conduct of instant bingo;

(6) Conduct a bingo session at any time during the eight-hour period between two a.m. and ten a.m., at any time during, or within ten hours of, a bingo game conducted for amusement only pursuant to O.R.C. 2915.12, at any premises not specified on its license, or on any day of the week or during any time period not specified on its license.  Section 517.06(c)(6) does not prohibit the sale of instant bingo tickets beginning at nine a.m. for a bingo session that begins at ten a.m.  If circumstances make it impractical for the charitable organization to conduct a bingo session at the premises, or on the day of the week or at the time, specified on its 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 license, the charitable organization may apply in writing to the Attorney General for an amended license, pursuant to O.R.C. 2915.08(F). A charitable organization may apply twice 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 license. If the amended license is granted, the organization may conduct bingo sessions at the premises, 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 eighteen 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 the bingo session is conducted, if the lessor is not a charitable organization, to provide the charitable organization with bingo game operators, security personnel, concessions, bingo  supplies, or any other type of service;

(10) Purchase or lease bingo supplies from any person except a distributor issued a license under O.R.C. 2915.081;

(11)  

(A) Use or permit the use of electronic bingo aids except under the following circumstances:

(i) For any single participant, not more than ninety bingo faces can be played using an electronic bingo aid or aids.

(ii) The charitable organization shall provide a participant using an electronic bingo aid with corresponding paper bingo cards or sheets.

(iii) The total price of bingo faces played with an electronic bingo aid shall be equal to the total price of the same number of bingo faces played with a paper bingo card or sheet sold at the same bingo session but without an electronic bingo  aid.

(iv) An electronic bingo aid cannot be part of an electronic network other than a network that includes only bingo aids and devices that are located on the premises at which the bingo is being conducted or be interactive with any device not located on the premises at which the bingo is being conducted.

(v) An electronic bingo aid cannot be used to participate in bingo that is conducted at a location other than the location at which the bingo session is conducted and at which the electronic bingo aid is used.

(vi) An electronic bingo aid cannot be used to provide for the input of numbers and letters announced by a bingo caller other than the bingo caller who physically calls the numbers and letters at the location at which the bingo session is conducted and at which the electronic bingo aid is used.

(B) The Attorney General may adopt rules in accordance with O.R.C. 119 that govern the use of electronic bingo aids. The rules may include a requirement that an electronic bingo aid be capable of being audited by the Attorney General to verify the number of bingo cards or sheets played during each bingo session.

(12) Permit any person the charitable organization knows, or should have known, to be under eighteen years of age to play bingo described in O.R.C. 2915.01(O)(1).

(d)  

(1) Except as otherwise provided in Section 517.06(d)(3), no charitable organization shall provide to a bingo game operator, and no bingo game operator shall receive or accept, any commission, wage, salary, reward, tip, donation, gratuity, or  other form of compensation, directly or indirectly, regardless of the source, for conducting bingo or providing other work or labor at the site of bingo during a bingo session.

(2) Except as otherwise provided in Section 517.06(d)(3), no charitable organization shall provide to a bingo game operator any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting instant bingo other than at a bingo session at the site of instant bingo other than at a bingo session.

(3) Nothing in Section 517.06(d) prohibits an employee of a fraternal organization, veteran’s organization, or sporting organization from selling instant bingo tickets or cards to the organization’s members or invited guests, as long as no portion of the employee’s compensation is paid from any receipts of bingo.

(e) Notwithstanding Section 517.06(b)(1), 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.

(f) This section does not prohibit a bingo licensed charitable organization or a game operator from giving any person an instant bingo ticket as a prize.

(g) Except as otherwise provided in this subsection, whoever violates Section 517.06(a) or (b),  or Section 517.06(c)(1) to (11) or Section 517.06(d) is guilty of a minor misdemeanor.  If the offender previously has been convicted of a violation of Section 517.06(a) or (b),  or Section 517.06(c)(1) to (11) or Section 517.06(d), a violation of Section 517.06(a) or (b),  or Section 517.06(c)(1) to (11) or Section 517.06(d) is a misdemeanor of the first degree.   Whoever violates Section 517.06(c)(12) is guilty of a misdemeanor of the first degree.   If the offender previously has been convicted of a violation of Section 517.06(c)(12), a violation of Section 517.06(c)(12) is a felony and shall be prosecuted under appropriate State law.

(ORC 2915.09)

Section 517.07 Instant Bingo Conduct

(a) No charitable organization that conducts instant bingo shall do any of the following:

(1) Fail to comply with the requirements of O.R.C. 2915.09(A)(1) to (3);

(2) Conduct instant bingo unless either of the following applies:

(A) That organization 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 subsection 501(a), is described in subsection 501(c)(3) of the Internal Revenue Code, is a charitable organization as defined in O.R.C. 2915.01, is in good standing in the State pursuant to O.R.C. 2915.08, and is in compliance with O.R.C. 1716;

(B) That organization 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 subsection 501(a), is described in subsection 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran’s organization described in subsection 501(c)(4) of the Internal Revenue Code, and conducts instant bingo under Section 517.14.

(3) Conduct instant bingo on any day, at any time, or at any premises not specified on the organization's license issued pursuant to O.R.C. 2915.08;

(4) Permit any person whom the organization knows or should have known has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator in the conduct of instant bingo;

(5) Purchase or lease supplies used to conduct instant bingo or punch board games from any person except a distributor licensed  under O.R.C.  2915.081;

(6) Sell or provide any instant bingo ticket or card for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare;

(7) Sell an instant bingo ticket or card to a person under eighteen years of age;

(8) Fail to keep unsold instant bingo tickets or cards for less than three years;

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

(10) Pay fees to any person for any services performed in relation to an instant bingo game, except as provided in Section 517.09(d);

(11) Pay fees to any person who provides refreshments to the participants in an instant bingo game;

(12)  

(A) Allow instant bingo tickets or cards to be sold to bingo game operators at a premises at which the organization sells instant bingo tickets or cards or to be sold to employees of a D permit holder who are working at a premises at which instant bingo tickets or cards are sold;

(B) Section 517.07(a)(12)(A) does not prohibit a licensed charitable organization or a bingo game operator from giving any person an instant bingo ticket as a prize in place of a cash prize won by a participant in an instant bingo game.  In no case shall an instant bingo ticket or card be sold or provided for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare.

(13) Fail to display its bingo license, and the serial numbers of the deal of instant bingo tickets or cards to be sold, conspicuously at each premises at which it sells instant bingo tickets or cards;

(14) Possess a deal of instant bingo tickets or cards that  was not purchased from a distributor licensed under O.R.C. 2915.081 as reflected on an invoice issued by the distributor that contains all of the information required by Section 517.11(f);

(15) Fail, once it opens a deal of instant bingo tickets or cards, to continue to sell the tickets or cards in that deal until the tickets or cards with the top two highest tiers of prizes in that deal are sold;

(16) Possess bingo supplies that were not obtained in  accordance with O.R.C.  2915.01 to 2915.13.

(b) A charitable organization may purchase, lease, or use instant bingo ticket dispensers to sell instant bingo tickets or cards.

(c) Whoever violates Section 517.07(a) or a rule adopted under O.R.C. 2915.091(C) is guilty of illegal instant bingo conduct.  Except as otherwise provided in this subsection, illegal instant bingo conduct is a misdemeanor of the first degree.  If the offender previously has been convicted of a violation of Section 517.07(a) or of such a rule, illegal instant bingo conduct is a felony and shall be prosecuted under appropriate State law.

(ORC 2915.091)

Section 517.08 Raffles

(a)  

(1) Subject to Section 517.08(a)(2), a charitable organization, a public school, a chartered nonpublic school, a community school, or a veteran’s organization, fraternal organization, or sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code may conduct a raffle to raise money for the organization or school and does not need a license to conduct bingo in order to conduct a raffle drawing that is not for profit.

(2) If a charitable organization that is described in Section 517.08(a)(1), but that is not also described in subsection 501(c)(3) of the Internal Revenue Code, conducts a raffle, the charitable organization shall distribute at least fifty per cent of the net profit from the raffle to a charitable purpose or to a department or agency of the federal government, the state, or any political subdivision.

(b) Except as provided in Section 517.08(a), no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit.

(c) Whoever violates Section 517.08(b) is guilty of illegal conduct of a raffle. Except as otherwise provided in this subsection, illegal conduct of a raffle is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of Section 517.08(b), illegal conduct of a raffle is a felony and shall be prosecuted under appropriate State law.  

(ORC 2915.092)

Section 517.09 Charitable Instant Bingo Organizations

(a) As used in this section, "retail income from all commercial activity" means the income that a person receives from the provision of goods, services, or activities that are provided at the location where instant bingo other than at a bingo session is conducted, including the sale of instant bingo tickets.  A religious organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, at not more than one location at which it conducts its charitable programs, may include donations from its members and guests as retail income.

(b)  

(1) If a charitable instant bingo organization conducts instant bingo other than at a bingo session, the charitable  instant bingo organization shall enter into a written contract  with the owner or lessor of the location at which the instant   bingo is conducted to allow the owner or lessor to assist in the conduct of instant bingo other than at a bingo session, identify each location where the instant bingo other than at a bingo session is being conducted, and identify the owner or lessor of each location.

(2) A charitable instant bingo organization that conducts instant bingo other than at a bingo session is not required to enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted provided that the owner or lessor is not assisting in the conduct of the instant bingo other than at a bingo session and provided that the conduct of the instant bingo other than at a bingo session at that location is not more than five days per calendar year and not more than ten hours per day.

 (c) Except as provided in Section 517.09(f), no charitable instant bingo organization shall conduct instant bingo other than at a bingo session at a location where the primary source of retail income from all commercial activity at that location is the sale of instant bingo tickets.

 (d) The owner or lessor of a location that enters into a contract pursuant to subsection (b) of this section shall pay the full gross profit to the charitable instant bingo organization, in return for the deal of instant bingo tickets.  The owner or lessor may retain the money that the owner or lessor receives for selling the instant bingo tickets, provided, however, that after the deal has been sold, the owner or lessor shall pay to the charitable instant bingo organization the value of any unredeemed instant bingo prizes remaining in the deal of instant bingo tickets.

The charitable instant bingo organization shall pay six per cent of the total gross receipts of any deal of instant bingo tickets for the purpose of reimbursing the owner or lessor for expenses described in this subsection.

As used in this subsection, “expenses” means those items provided for in subsections (GG)(4), (5), (6), (7), (8), (12) and (13) of O.R.C. 2915.01 and that percentage of the owner’s or lessor’s rent for the location where instant bingo is conducted.  “Expenses” in the aggregate, shall not exceed six per cent of the total gross receipts of any deal of instant bingo tickets.

As used in this subsection, “full gross profit” means the amount by which the total receipts of all instant bingo tickets, if the deal had been sold in full, exceeds the amount that would be paid out if all prizes were redeemed.

(e) A charitable instant bingo organization shall provide the Attorney General with all of the following information:

(1) That the charitable instant bingo organization has terminated a contract entered into pursuant to Section 517.09(b) with an owner or lessor of a location;

(2) That the charitable instant bingo organization has entered into a written contract pursuant to Section 517.09(b) with a new owner or lessor of a location;

(3) That the charitable instant bingo organization is aware of conduct by the owner or lessor of a location at which instant bingo is conducted that is in violation of this chapter or O.R.C. 2915.

(f) Section 517.09(c) does not apply to a volunteer firefighter’s organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that conducts instant bingo other than at a bingo session on the premises where the organization conducts firefighter training, that has conducted instant bingo continuously for at least five years prior to July 1, 2003, and that, during each of those five years, had gross receipts of at least one million five hundred thousand dollars.  

(ORC 2915.093)

Section 517.10 Location of Instant Bingo 

(a) No owner or lessor of a location shall assist a charitable instant bingo organization in the conduct of  instant bingo other than at a bingo session at that location unless the owner or lessor has entered into a written contract, as described in Section 517.09, with the charitable instant bingo organization to assist in the conduct of instant bingo other than at a bingo session.

(b) The location of the lessor or owner shall be designated as a location where the charitable instant bingo organization conducts instant bingo other than at a bingo session.

(c) No owner or lessor of a location that enters into a written contract as prescribed in subsection (a) of this section shall violate any provision of O.R.C. 2915, or permit, aid, or abet any other person in violating any provision of O.R.C. 2915.

(d) No owner or lessor of a location that enters into a written contract as prescribed in subsection (a) of this section shall violate the terms of the contract.

(e) 

(1) Whoever violates Section 517.10(c) or (d) is guilty of illegal instant bingo conduct. Except as otherwise  provided in this subsection, illegal instant bingo conduct is a  misdemeanor of the first degree. If the offender previously has been convicted of a violation of Section 517.10(c) or (d), illegal instant bingo conduct is a felony and shall be prosecuted under appropriate State law.

(2) If an owner or lessor of a location knowingly, intentionally, or recklessly violates Section 517.10(c) or (d), any license that the owner or lessor holds for the retail sale of any goods on the owner's or lessor's premises that is issued by the State or a political subdivision is subject to suspension, revocation, or payment of a monetary penalty at the request of the Attorney General.  

(ORC 2915.094)

Section 517.11 Bingo or Game of Chance Records 

(a) No charitable organization that conducts bingo or a game of chance pursuant to Section 517.02(d), shall fail to maintain the following records for at least three years from the date on which the bingo or game of chance is conducted:

(1) An itemized list of the gross receipts of each bingo session, each game of instant bingo by serial number, each raffle, each punch board game, and each game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number;

(2) An itemized list of all expenses, other than prizes, that are incurred in conducting bingo or instant  bingo, 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 each bingo session, each raffle, each punch board game, and each game of chance conducted by the charitable organization,  the total prizes awarded from each game of instant bingo by serial number, and the name, address, and social security number of all persons who are winners of prizes of six hundred dollars ($600.00) or  more in value;

(4) An itemized list of the recipients of the net profit of the bingo or game of chance, including the name and address of each recipient to whom the money is distributed, and if the organization uses the net profit of bingo, or the money or assets received from a game of chance, for any charitable purpose or other purpose set forth in Section 517.02(d), or O.R.C. 2915.101, 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 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 gross receipts;

(7) An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of instant bingo 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.

 (b) A charitable organization shall keep the records that it is required to maintain pursuant to Section 517.11(a) at its principal place of business in this State or at its headquarters in this State and shall notify the Attorney General   of the location at which those records are kept.

(c) The gross profit from each bingo session or game described in O.R.C. 2915.01(o)(1) or (2) shall be deposited into a checking account devoted exclusively to the bingo session or game. Payments for allowable expenses incurred in conducting the bingo session or game and payments to recipients of some or all of the net profit of the bingo session or game shall be made only by checks or electronic fund transfers drawn on the bingo session or game account.

(d) Each charitable organization shall conduct and record an inventory of all of its bingo supplies as of the first day of November of each year.

(e) The Attorney General may adopt rules in accordance with O.R.C. 119 that establish standards of accounting, record keeping, and reporting to ensure that gross receipts from bingo or games of chance are properly accounted for.

(f) A distributor shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing to another person bingo supplies for use in this State. The record shall include all of the following for each instance:

(1) The name of the manufacturer from which the distributor purchased the bingo supplies and the date of the purchase;

(2) The name and address of the charitable organization or  other distributor to which the bingo supplies were sold or   otherwise provided;

(3) A description that clearly identifies the bingo supplies;

(4) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each charitable organization.

(g) A manufacturer shall maintain, for a period of three  years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing bingo supplies for use in this State. The record shall include all of the following for each instance:

(1) The name and address of the distributor to whom the bingo supplies were sold or otherwise provided;

(2) Description that clearly identifies the bingo supplies, including serial numbers;

(3) Invoices that include the nonrepeating serial numbers of  all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each distributor.

 (h) The Attorney General, or any law enforcement agency, may do all of the following:

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

(2) Examine the accounts and records of the organization;

(3) Conduct inspections, audits, and observations of bingo or games of chance;

(4) Conduct inspections of the premises where bingo or games of chance are conducted;

(5) Take any other necessary and reasonable action to determine if a violation of any provision of this chapter has occurred and to determine whether Section 517.12 has been complied with.

If any 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, the law enforcement agency may proceed by action in the proper court to enforce this chapter, provided that the law enforcement agency shall give written notice to the Attorney General when commencing an action as described in this subsection.

(i) 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 bingo or a game of chance or premises where bingo or a game of chance is conducted, 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 law enforcement agency pursuant to Section 517.11(h).

(j) Whoever violates Section 517.11(a) or (i) is guilty of a misdemeanor of the first degree.  

(ORC 2915.10)

Section 517.12 Bingo Operator Prohibitions

(a) No person shall be a bingo game operator unless he is eighteen 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 Section 517.12(a) is guilty of a misdemeanor of the third degree.

(d) Whoever violates Section 517.12(b) is guilty of a misdemeanor of the first degree.   

(ORC 2915.11)

Section 517.13 Bingo Exceptions 

(a) O.R.C. 2915.07 to 2915.11 or Section 517.06 et seq. of this Chapter 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 Section 517.13(a)(1) or (2).

(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 nonmonetary, and in the form of merchandise, goods or entitlements 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.

(D) The bingo game is not conducted either during or within ten hours of any of the following:

(i) A bingo session during which a charitable bingo game is conducted pursuant to O.R.C. 2915.07 to 2915.11 or Section 517.06 et seq. of this Chapter;

(ii) A scheme or game of chance or bingo described in O.R.C 2915.01(o)(2).

(E) The number of players participating in the bingo game does not exceed fifty.

(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 (25¢) to purchase a bingo card or sheet, objects to cover the spaces or other devices used in playing bingo.

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

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

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

(6) 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.

(7) The bingo game is not conducted during or within ten hours of either of the following:

(i) A bingo session during which a charitable bingo game is conducted pursuant to O.R.C. 2915.07 to 2915.11 or Section 517.06 et seq. of this chapter;

(ii) A scheme of chance or game of chance or bingo described in O.R.C. 2915.01(o)(2).

(B) All of the participants reside at the premises where the bingo game is conducted.

(C) 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 Section 517.13(a).  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.  

(ORC 2915.12)

Section 517.14 Instant Bingo Conduct by a Veteran's or Fraternal Organization 

(a) A veteran's organization, a fraternal  organization, or a sporting organization authorized to conduct a bingo session pursuant to O.R.C.  2915.01 to 2915.12 may conduct instant bingo other than at a bingo session if all of the following apply:

(1) The veteran's organization, fraternal organization or sporting organization limits the sale of instant bingo to twelve hours during any day, provided that the sale does not begin earlier than ten a.m. and ends not later than two a.m.

(2) The veteran's organization, fraternal organization or a sporting organization limits the sale of instant bingo to its own premises and to its own members and invited guests.

(3) The veteran’s organization, fraternal organization, or sporting organization is raising money for an organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this State and executes a written contract with that organization as required in Section 517.14(b).

(b) If a veteran’s organization, fraternal organization, or sporting organization authorized to conduct instant bingo pursuant to Section 517.14(a) is raising money for another organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this State, the veteran’s organization, fraternal organization, or sporting organization shall execute a written contract with the organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this State in order to conduct instant bingo.  That contract shall include a statement of the percentage of the net proceeds that the veteran’s, fraternal or sporting organization will be distributing to the organization that is described in subsection 509(a)(1), 509(a)(2) or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this State.

(c) 

(1) If a veteran's organization, fraternal  organization or a sporting organization authorized to conduct instant bingo pursuant to Section 517.14(a)has been issued a liquor permit under O.R.C. 4303, that permit may be subject to suspension, revocation, or cancellation if the veteran's organization, fraternal organization, or a sporting organization violates a provision of this chapter or O.R.C. 2915.

(2) No veteran's organization, fraternal organization, or a sporting organization that enters into a written contract pursuant to Section 517.14(b) shall violate any provision of this chapter or O.R.C. 2915, or permit, aid, or abet any other person in violating any provision of this chapter or O.R.C. 2915.

(d) A veteran's organization, fraternal organization, or a sporting organization shall give all required proceeds earned from the conduct of instant bingo to the organization with which the veteran's organization, fraternal organization, or a sporting organization has entered into a written contract.

(e) Whoever violates this section is guilty of illegal instant bingo conduct. Except as otherwise provided in this subsection, illegal instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal instant bingo conduct is a felony and shall be prosecuted under appropriate State law.

(ORC 2915.13)

Section 517.15 Skill-Based Amusement Machines

(a) No person shall give to another person any merchandise prize in exchange for a noncash prize, toy, or novelty received as a reward for playing or operating a skill-based amusement machine or for a free or reduced-prize game won on a skill-based amusement machine.

(b) Whoever violates Section 517.15(a) is guilty of skill-based amusement machine prohibited conduct.  Except as provided herein, a violation of Section 517.15(a) is a misdemeanor of the first degree for each redemption of a prize that is involved in the violation.  If the offender previously has been convicted of a violation of Section 517.15(a), a violation of Section 517.15(a) is a felony and shall be prosecuted under appropriate State law.

(ORC 2915.06)

(c) Any regulation of skill-based amusement machines shall be governed by this chapter and O.R.C. 2915 and not by O.R.C. 1345.

(ORC 2915.061)

Chapter 519 Graffiti

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Section 519.01 Definition

“Graffiti” means any unauthorized inscription, design, word, figure or mark of any type, drawn, marked, painted, etched, scratched or written upon any property located within the City, which is visible from a public right-of-way or other public or quasi-public location located within the City.

Section 519.02 Prohibited Acts 

It shall be unlawful for any person to apply Graffiti to any real or personal property located within the City without the prior consent of the property owner, the property owner's agent, occupant, lessee, or tenant, or any other person in rightful control and possession of the property.

Section 519.03 Graffiti as a Nuisance 

(a) Graffiti in violation of this chapter is detrimental to the health, safety, and welfare of the City and is therefore expressly declared to be a public nuisance subject to the removal and/or abatement provisions specified in this chapter.

(b) It is the duty of an Owner of real property in the City ("Owner") to, at all times, keep his/her/its real property, and all personal property located on his/her/its real property, free from Graffiti, and otherwise comply with the requirements of this chapter.

Section 519.04 Graffiti Removal 

(a) Removal by the Perpetrator.  Any person who is found guilty of or pleads guilty to applying Graffiti on property located within the City ("Perpetrator") has the duty to remove the Graffiti within twenty-four (24) hours after receiving notice from the Director of Administration or his/her designee ("Director of Administration"). The notice shall be served on the Perpetrator by regular mail, and removal of the Graffiti shall be accomplished in the manner prescribed in the notice. The provisions of this section shall be in addition to the provisions of any other law concerning offenses against property rights and shall in no way limit such other provisions.

(b) Owner Responsibility. If the Director of Administration is, through no fault of his/her own, unable to identify the Perpetrator at the time that he/she becomes aware of the existence of Graffiti within the City in violation of any provision(s) of this chapter, or if the Perpetrator fails to remove the Graffiti according to the subsection (a) above, the Graffiti shall be removed pursuant to the following provisions:

(1) Notice to Remove Graffiti. 

(A) The Director of Administration shall serve a written Notice to Remove Graffiti ("Notice") on the Owner and any rightful occupant(s) of the real property upon which the Graffiti is located. The Notice shall be served by personal service, unless the Owner resides outside of the City, or, through no fault of  his/her own, the Director of Administration is unable to accomplish personal service. Where personal service is not required by this subsection, the Director of Administration shall accomplish service by posting the Notice in a conspicuous place on the real property upon which the Graffiti is located, by mailing the Notice by regular mail to the address of said real property, and/or by mailing the Notice by regular mail to the address to which the Stark County Auditor mails the tax bill for the affected property.

(B) The Notice shall state that the Director of Administration has determined that Graffiti exists in violation of this ordinance and describe the Graffiti that shall be removed. The Notice shall inform the Owner of the date, time, and location of a hearing during which the City of North Canton Mayor's Court ("Mayor's Court") shall review the validity of the Notice. The Notice shall also inform the Owner that he/she/it has ten (10) business days from the date of service to either remove the Graffiti, notify the Director of Administration, in writing, that he/she/it consents to allowing the City to enter his/her/its real property and remove the Graffiti and shall reimburse the City for all expenses associated with the removal, or notify the Director of Administration, in writing, that he/she/it wishes to contest the Notice at the abovementioned Mayor's Court hearing.

(i) If the Owner chooses to allow the City to enter his/her/its real property and remove the Graffiti, the Owner shall first sign a release, provided by the Director of Administration, thereby releasing the City from liability for damage to property or personal injury in connection with the removal.

(ii) If the Owner chooses to inform the Director of Administration, in writing, that he/she/it wishes to contest the Notice at the abovementioned Mayor's Court hearing, then the Owner's notification to the Director of Administration shall include the Owner's name, address, and phone number, the name(s), address(es), and phone number(s) of any representative(s) who shall appear at the hearing on the Owner's behalf, and a brief statement of the reason(s) why the Owner wishes to contest the Notice. In addition, the Owner's notification to the Director of Administration shall be accompanied by a deposit of fifty dollars ($50.00) to partially compensate the City for the costs associated with the hearing.

(2) Order to Remove Graffiti.

(A) If the Director of Administration determines that Graffiti exists that is hateful, defamatory, racially offensive, ethnically offensive, obscene, vulgar, sexually explicit, or otherwise so offensive in nature that it requires immediate action to protect the health, safety and welfare of the City, the Director of Administration shall issue an Order to Remove Graffiti ("Order"). The Order shall be effective immediately, and the Director of Administration shall serve the Order on the Owner and any rightful occupant(s) of the real property upon which the Graffiti is located by the fastest method of service available under the circumstances, as determined by the Director of Administration.

(B) The Order shall state that the Director of Administration has determined that Graffiti exists in violation of this ordinance and is of such a nature that immediate action is necessary to protect the public health, safety, and welfare of the City. The  Order shall describe the Graffiti that shall be removed, and it shall inform the Owner of the actions that he/she/it shall take and the amount of time that he/she/it has to act. The Order shall also inform the Owner of the date, time, and location of a hearing during which the Mayor's Court shall review the validity of the Order. In addition, the Order shall inform the Owner that he/she/it may notify the Director of Administration, in writing, that he/she/it wishes to contest the Order at the abovementioned Mayor's Court hearing.

(i) If the Owner chooses to inform the Director of Administration, in writing, that he/she/it wishes to contest the Order at the abovementioned  Mayor's Court hearing, then the Owner's notification to the Director of Administration shall include the Owner's name, address, and phone number, the name(s), address(es), and phone number(s) of any representative(s) who shall  appear at the hearing on the Owner's behalf, and a brief statement of the reason(s) why the Owner wishes to contest the Order. In addition, the Owner's notification to the Director of Administration shall be accompanied by a deposit of fifty dollars ($50.00) to partially compensate the City for the costs associated with the hearing.

(ii) The Owner's decision to inform the Director of Administration, in writing, that he/she/it wishes to contest the Order at the abovementioned Mayor's Court hearing shall not serve to suspend the Owner's obligation to comply with that Order.

(3) Mayor's Court Hearing to Review Validity of Notice or Order.

(A) The Director of Administration shall schedule a hearing during which the Mayor's Court shall review the validity of a Notice on a date that the Mayor's Court is already scheduled to be in session.

(B) The Director of Administration may schedule a hearing during which the Mayor's Court shall review the validity of an Order on a date that requires the Mayor's Court to hold a previously unscheduled session.

(C) Hearing Procedure.

(i) The Director of Administration shall be given an opportunity to be heard and to present evidence as to why the Notice or Order should be affirmed. The failure of the Director of Administration or his/her representative to appear at the hearing shall be grounds for a summary dismissal of the Notice or Order.

(ii) The Owner or his/her/its representative(s) shall be given an opportunity to be heard and to present evidence as to why the Notice or Order should be modified or dismissed. The failure of the Owner or his/her/its representative(s) to appear at the hearing shall be grounds for a summary affirmation of the Notice or Order.

(iii) Upon consideration of the evidence presented at the hearing, the Mayor's Court shall affirm, modify, or dismiss the Notice or Order. The Mayor's Court shall also have the power to grant the City the right to enter an Owner's property and remove Graffiti at the Owner's expense, as well as the power to enter any order that the Mayor's Court deems necessary in the interest of the health, safety, and welfare of the City.

(iv) If the Mayor's Court decides to dismiss the Notice or Order, the City shall refund the Owner his/her/its entire deposit and cover all court costs.

(v) The Owner or his/her/its representative(s) shall be notified forthwith, in writing, of the Mayor's Court's decision.

(vi) Any person aggrieved by the decision of Mayor's Court may seek relief therefrom pursuant to Ohio R.C. Chapter 1905.

Section 519.05 Remedy of the City  

(a) After the City receives authorization from the Mayor's Court to enter an Owner's property and remove Graffiti at the Owner's expense, the Director of Administration shall direct all necessary labor to perform such services.

(b) No person shall refuse to allow access to any property for the purpose of removing Graffiti or to interfere with the removal of such Graffiti in accordance with this ordinance.

(c) The expense incurred by the City to remove Graffiti, including court costs, and any applicable fines shall be reported to the Director of Finance, who shall mail a statement and invoice thereof to the property Owner. If after thirty (30) days, the amount remains unpaid, pursuant to Ohio R.C. 731.54, the Director of Finance shall certify the total amount of the expense, the name of the Owner, and a sufficient description of the premises to the Stark County Auditor, to be entered upon the tax duplicate, to be a lien on the land from the date of entry, to be collected as other taxes and assessments and returned to the City to be deposited into its general fund.

Section 519.06 Nonliability of the City 

No City officer, agent, or employee shall be personally liable for any damage or injury resulting from a determination, order, or action required or permitted in the discharge of duties under this chapter. The City shall defend and indemnify the Director of Administration and any other employee or official specifically designated and authorized to make official determinations, orders, or actions against judgments or liabilities that may arise as a result of official action taken in the discharge of duties under this chapter.

Chapter 521 Health, Safety, and Sanitation

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Section 521.01 Sidewalk Obstructions; Damage or Injury 

(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 such 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. 

(f) Whoever violates this section is guilty of a minor misdemeanor.

Section 521.02 Fences

(a) No person shall erect or maintain any fence charged with electrical current. 

(b) No person shall erect or maintain a barbed wire fence which abuts or is adjacent to any public street or sidewalk. This subsection (b) does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two inches from the ground. 

(c) Whoever violates this section is guilty of a minor misdemeanor.

Section 521.03 Littering and Deposit of Garbage, Rubbish, Junk, etc. 

(a) Rubbish Defined. "Rubbish", as used in this chapter, means any dirt, paper, filth, sweepings, ashes, shavings, filthy water, scraps, metals, cans, barrels, bricks, stones, used automobile parts and accessories and debris. 

(b) Garbage Defined. "Garbage", as used in this chapter, means the offal of all food originally intended for human consumption, excepting greens and trimmings of vegetables, fruit droppings from trees, paper, tin cans and other foreign substances.

(c) Throwing, Placing or Permitting Rubbish to Remain; Receptacle Required. No person shall throw, place or permit to be thrown, placed or deposited in any manner whatsoever, any rubbish or liquid, or substance which is dangerous, offensive or unwholesome to persons or to the public, upon any lot, land, street, sidewalk or public ground within the corporate limits of the City, unless contained in ratproof receptacles.

(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.

Section 521.04 Smoking in Public Places Owned by City Prohibited

(a) For the purposes of this section, "smoking material" means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form. "Public place" means that portion of any enclosed indoor area owned by, leased by or otherwise controlled by the City to which members of the general public are invited or in which members of the general public are permitted free access. 

(b) The possession of lighted smoking material in all public places owned by, leased by or otherwise controlled by the City is prohibited. 

(c) The Director of Administration shall erect or post signs that smoking is prohibited at all entrance ways to all public places and at any other necessary locations throughout the public places, as is necessary. 

(d) The appropriate departmental authority is hereby authorized to designate areas in those enclosed buildings owned by, leased by or otherwise controlled by the City where smoking is permitted.

Chapter 525 Law Enforcement and Public Office

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Section 525.01 Definitions 

All words and phrases defined in Ohio Revised Code Section 2921.01 have the same meanings as provided therein when used in the Chapter except as otherwise provided.

Section 525.02 Falsifications 

(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:

(1) The statement is made in any official proceeding.

(2) The statement is made with purpose to incriminate another.

(3) The statement is made with purpose to mislead a public official in performing the public official’s 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 financial assistance; retirement benefits or health care coverage from a state retirement system; economic development assistance as defined in O.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 that person’s 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 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.

(13) The statement is required under O.R.C. 5743.71 in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.

 (b) It is no defense to a charge under Section 525.02(a)(6) that the oath or affirmation was administered or taken in an irregular manner.

(c) 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.

(d) 

(1) Whoever violates any provision of Section 525.02(a)(1) to (8) or (10) to (13) is guilty of falsification, a misdemeanor of the first degree.

(2) Whoever violates Section 525.02(a)(9) is guilty of falsification in a theft offense, a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars ($1,000) or more, falsification in a theft offense is a felony and shall be prosecuted under appropriate State law.

(e) A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney’s fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this section.  A civil action under this section is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.

(ORC 2921.13)

Section 525.03 Impersonation of a Peace Officer

(a) As used in this section:

(1) "Peace officer" means 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 O.R.C. 3735.31(D); a member of a police force employed by a regional transit authority under O.R.C. 306.35(Y), a State university law enforcement officer appointed under O.R.C. 3345.04; a veterans' home police officer appointed under O.R.C. 5907.02; a special police officer employed by a port authority under O.R.C. 4582.04 or 4582.28; 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 limits of that statutory duty and authority; or a State highway patrol trooper 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.

(2) "Private police officer" means any security guard, special police officer, private detective or other person who is privately employed in a police capacity.

(3) “Federal law enforcement officer” means an employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.

(4) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in O.R.C. 2903.11.

(5) "Impersonate" means 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.

(b) No person shall impersonate a peace officer, private police officer, federal law enforcement officer or investigator of the Bureau of Criminal Identification and Investigation.

(c) No person, by impersonating a peace officer, private police officer,  federal law enforcement officer, or investigator of the Bureau of Criminal Identification and Investigation, 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, private police officer, federal law enforcement officer, an officer, agent or employee of the State or the Municipality or investigator of the Bureau of Criminal Identification and Investigation.

(e) It is an affirmative defense to a charge under Section 525.03(b) that the impersonation of the peace officer was for a lawful purpose.

(f) Whoever violates Section 525.03(b) is guilty of a misdemeanor of the fourth degree.  Whoever violates Section 525.03(c) or (d) hereof is guilty of a misdemeanor of the first degree.  If the purpose of a violation of Section 525.03(d) is to commit or facilitate the commission of a felony, such violation is a felony and shall be prosecuted under appropriate State law.

(ORC 2921.51)

Section 525.04 Compounding a Crime 

(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 violation of Sections 545.05, 545.07, 545.09 or 545.10(b)(2), or O.R.C. 2913.02, 2913.11, 2913.21(B)(2) or 2913.47, 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 as restitution for the loss caused him by the offense.

(c) When a prosecuting witness abandons or agrees to abandon a prosecution under subsection (b) hereof, the abandonment or agreement in no way binds the State or Municipality to abandoning the prosecution.

(d) Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.

(ORC 2921.21)

Section 525.05 Failure to Report Crime, Injury, or Knowledge of Death

(a)  

(1) Except as provided in Section 525.05(a)(1), no person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.

(2) No person, knowing that a violation of O.R.C. 2913.04(B) has been, or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities.

(b) Except for conditions that are within the scope of Section 525.05(e), no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.

(c) No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician or advanced practice registered nurse whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an 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.  For purposes of this subsection, “advanced practice registered nurse” does not include a certified registered nurse anesthetist.

(d) No person shall fail to provide upon request of the person to whom a report required by Section 525.05(c) 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 the person’s knowledge that may have a bearing on the investigation of the death.

(e)  

(1) As used in this subsection, “burn injury” means any of the following:

(A) Second or third degree burns;

(B) Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air;

(C) Any burn injury or wound that may result in death;

(D) Any physical harm to persons caused by or as the result of the use of fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined by O.R.C. 3743.01.

(2) No physician, nurse, physician assistant, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury that is 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, or fire and explosion investigation, bureau, if there is a bureau of this type 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 that is 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, or fire and explosion investigation, bureau, if there is a bureau of this type 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 Section 525.05(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 comply with the uniform standard developed by the State Fire Marshal pursuant to O.R.C. 3737.22(A)(15).

(5) Anyone participating in the making of reports under Section 525.05(e) 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 O.R.C. 4731.22, the physician-patient relationship or advanced practice registered nurse-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 under Section 525.05(e).

(f)  

(1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in O.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 O.R.C. 4731.22, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under Section 525.05(f)(1), and the information may be admitted as evidence in accordance with the Rules of Evidence.

(g) Section 525.05(a) and (d) do 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; physician and patient; advanced practice registered nurse and patient; licensed psychologist or licensed school psychologist and client; licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, or marriage and family therapist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; 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 O.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 that member of the clergy in that member’s capacity as a member of the clergy by a person seeking the aid or counsel of that member of the clergy.

(5) Disclosure would amount to revealing information acquired by the actor in the course of the actor’s 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 community addiction services provider whose alcohol and drug addiction services are certified pursuant to O.R.C. 5119.36.

(6) Disclosure would amount to revealing information acquired by the actor in the course of the actor’s duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of O.R.C. 2907.02 or 2907.05 or to victims of felonious sexual penetration in violation of former O.R.C. 2907.12.   As used in this subsection, “counseling services” include services provided in an informal setting by a person who, by education or experience, is competent to provide those 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 Section 525.05(a) or (b) is guilty of failure to report a crime.   Violation of Section 525.05(a)(1) is a misdemeanor of the fourth degree.   Violation of Section 525.05(a)(2) or (b) is a misdemeanor of the second degree.

(j) Whoever violates Section 525.05(c) or (d) is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.

(k) 

(1) Whoever negligently violates Section 525.05(e) is guilty of a minor misdemeanor.

(2) Whoever knowingly violates Section 525.05(e) is guilty of a misdemeanor of the second degree.

(1) As used in this section, “nurse” includes an advanced practice registered nurse, registered nurse, and licensed practical nurse.   

(ORC 2921.22)

Section 525.06 Failure to Aid a Law Enforcement Officer

(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 such 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.  

(ORC 2921.23)

Section 525.07 Obstructing Official Business 

(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 subsection, 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 and shall be prosecuted under appropriate State law.

(ORC 2921.31)

Section 525.08 Obstructing Justice 

(a) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for a misdemeanor, or to assist another to benefit from the commission of a misdemeanor, 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 misdemeanor or to assist a child to benefit from the commission of an act that if committed by an adult would be a misdemeanor, shall do any of the following:

(1) Harbor or conceal the other person or child;

(2) Provide the other person or child with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension;

(3) Warn the other person or child of impending discovery or apprehension;

(4) Destroy or conceal physical evidence of the misdemeanor, or act, or induce any person to withhold testimony or information or to elude legal process summoning the person to testify or supply evidence;

(5) Communicate false information to any person.

(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 Section 525.08(a), 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 Section 525.08(c) in determining the penalty for the violation of Section 525.08(a), 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.

(c)  

(1) Whoever violates this section is guilty of obstructing justice.

(2) 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, obstructing justice is a misdemeanor of the same degree as the misdemeanor 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.

(d) As used in this section:

(1) “Adult” and “child” have the same meanings as in O.R.C. 2151.011.

(2) “Delinquent child” has the same meaning as in O.R.C. 2152.02.

(ORC 2921.32)

Section 525.09 Resisting Arrest 

(a) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person 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) Whoever violates this section is guilty of resisting arrest.  A violation of Section 525.09(a) is a misdemeanor of the second degree.  A violation of Section 525.09(b) is a misdemeanor of the first degree.  

(ORC 2921.33)

Section 525.10 Having an Unlawful Interest in a Public Contact 

(a) No public official shall knowingly do any of the following:

(1) During the public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission or board of which the public official was a member at the time of authorization unless the contract was let by competitive bidding, to the lowest and best bidder;

(2) Have an interest in the profits or benefits of a public contract entered into by or for the use of the Municipality or governmental agency or instrumentality with which the public official is connected;

(3) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding if 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 a public official’s family or any of a public official’s business associates shall not be considered as having an interest in a public contract 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 five percent (5%) of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed five percent (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 Municipality or governmental agency or instrumentality involved, an affidavit giving that person’s 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 a public official’s family, or one of a public official’s 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 Municipality 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 Municipality or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the Municipality or governmental agency or instrumentality involved;

(3) The treatment accorded the Municipality 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 Municipality or governmental agency or instrumentality involved, of the interest of the public official, member of the public official’s family or business associate, and the public official takes no part in the deliberations or decisions of the Municipality or governmental agency or instrumentality with respect to the public contract.

(d) Section 525.10(a)(2) does not prohibit participation by a public employee in any housing program funded by public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of the public employee’s office or employment to secure benefits from the program and if the moneys 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 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 O.R.C. 309.06 and 2921.421, or for a chief legal officer of a municipal corporation or an official designated as prosecutor in a municipal corporation to appoint assistants and employees in accordance with O.R.C. 733.621 and 2921.421.

(g) Any public contract in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest in violation of this section is void and unenforceable.  Any contract securing the investment of public funds in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees and that was entered into in violation of this section is void and unenforceable.

(h) As used in this section:

(1) "Public contract" means any of the following:

(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, 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.

(2) "Chief legal officer" has the same meaning as in O.R.C. 733.621.  

(ORC 2921.42)

Section 525.11 Soliciting or Receiving Improper Compensation 

(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 is allowed by O.R.C. 102.03(G), (H), and (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 Municipality for a period of seven years from the date of conviction.

(f) Section 525.11(a), (b) and (c) hereof do not prohibit a 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.  

(ORC 2921.43)

Section 525.12 Dereliction of Duty 

(a) No law enforcement officer shall negligently do any of the following:

(1) Fail to serve a lawful warrant without delay;

(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.

(c) No officer, having charge of a detention facility, shall negligently do any of the following:

(1) Allow the detention facility to become littered or unsanitary;

(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;

(4) Allow a prisoner to escape;

(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.

(d) No public official of the Municipality shall recklessly create a deficiency, incur a liability or expend a greater sum than is appropriated by the legislative authority of the Municipality 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 O.R.C. 9.08.

Section 525.13 Interfering with Civil Rights 

(a) No public servant, under color of his office, employment or authority, shall knowingly deprive, or 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.  

(ORC 2921.45)

Section 525.14 Unauthorized Display of Law Enforcement Emblems on Motor Vehicles 

(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.

(ORC 2913.441)

Section 525.15 Disclosure of Confidential Information 

(a) No officer or employee of a law enforcement agency or court, or of the office of the clerk of any court, shall disclose during the pendency of any criminal case the home address of any peace officer, as defined in O.R.C. 2935.01 who is a witness or arresting officer in the case.

(b) Section 525.15(a) does not prohibit a peace officer from disclosing his own home address, and does not apply to any person who discloses the home address of a peace officer pursuant to a court ordered disclosure under Section 525.15(c).

(c) The court in which any criminal case is pending may order the disclosure of the home address of any peace officer who is a witness or arresting officer in the case, if the court determines after a written request for the disclosure that good cause exists for disclosing the home address of the peace officer.

(d) Whoever violates Section 525.15(a) is guilty of disclosure of confidential information, a misdemeanor of the fourth degree.

Section 525.16 Disclosure of Peace Officer's Home Address 

No mayor presiding over a mayor's court, shall order a peace officer, as defined in O.R.C. 2935.01, who is a witness in a criminal case, to disclose his home address during his examination in the case, unless the judge or mayor determines that the defendant has a right to the disclosure.

Section 525.17 Assaulting Police Dog or Horse or an Assistance Dog

(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.

(b) No person shall recklessly do any of the following:

(1) Taunt, torment, or strike a police dog or horse;

(2) Throw an object or substance at a police dog or horse;

(3) Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:

(i) Inhibits or restricts the law enforcement officer’s control of the police dog or horse;

(ii) Deprives the law enforcement officer of control of the police dog or horse;

(iii) Releases the police dog or horse from its area of control;

(iv) 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;

(v) Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.

(vi) Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse.

(vii) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer’s duties or that the person knows is a police dog or horse.

(c) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:

(1) The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.

(2) The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.

(d) No person shall recklessly do any of the following:

(1) Taunt, torment, or strike an assistance dog;

(2) Throw an object or substance at an assistance dog;

(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:

(A) Inhibits or restricts the assisted or served person’s control of the dog;

(B) Deprives the assisted or served person of control of the dog;

(C) Releases the dog from its area of control;

(D) Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;

(E) Inhibits or restricts the ability of the dog to assist the assisted or served person.

(4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;

(5) If the person is the owner, keeper or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.

(e)  

(1) Whoever violates Section 525.17(a) is guilty of assaulting a police dog or horse.   If the violation results in physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the first degree.  If the violation does not result in death, serious physical harm, or physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the second degree.  If the violation results in death or serious physical harm to the police dog or horse, such violation is a felony and shall be prosecuted under appropriate State law.

(2) Whoever violates Section 525.17(b) is guilty of harassing a police dog or horse.   Except as otherwise provided in this subsection, 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 or if the violation results in serious physical harm to the police dog or horse but does not result in its death, harassing a police dog or horse is a felony and shall 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 Section 525.17(c) is guilty of assaulting an assistance dog.   If the violation results in physical harm to the dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree.  If the violation does not result in death, serious physical harm, or physical harm to the dog, assaulting an assistance dog is a misdemeanor of the second degree.  If the violation results in death or serious physical harm to the dog, such violation is a felony and shall be prosecuted under appropriate State law.

(4) Whoever violates Section 525.17(d) is guilty of harassing an assistance dog.   Except as otherwise provided in this subsection, harassing an assistance dog is a misdemeanor of the second degree.   If the violation results in the death of or serious physical harm to the assistance dog but does not result in its death, harassing an assistance dog is a felony and shall be prosecuted under appropriate State law.  If the violation results in physical harm to the assistance dog but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.

(5) In addition to any other sanction or penalty imposed for the offense under this section, whoever violates Section 525.17(a), (b), (c) or (d) is responsible for the payment of all of the following:

(A) Any veterinary bill or bill for medication incurred as a result of the violation by the Police Department regarding a violation of Section 525.17(a) or (b) or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of Section 525.17(c) or (d);

(B) The cost of any damaged equipment that results from the violation;

(C) If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog;

(D) If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog or horse that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.

(f) This section does not apply to a licensed veterinarian whose conduct is in accordance with O.R.C. Chapter 4741.

(g) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or assistance dog.

(h) As used in this section:

(1) "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(2) "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.

(3) "Serious physical harm" means any of the following:

(A) Any physical harm that carries a substantial risk of death;

(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.

(4) "Assistance dog”, "blind", and "mobility impaired person" have the same meanings as in O.R.C. 955.011.

(ORC 2921.321)

Section 525.18 False Allegation of Peace Officer Misconduct 

(a) As used in this section, “peace officer” has the same meaning as in O.R.C. 2935.01.

(b) No person shall knowingly file a complaint against a peace officer that alleges that the peace officer engaged in misconduct in the performance of the officer’s duties if the person knows that the allegation is false.

(c) Whoever violates this section is guilty of making a false allegation of peace officer misconduct, a misdemeanor of the first degree.

(ORC 2921.15)

Section 525.19 Refusal to Disclose Personal Information in Public Place

(a) No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.

(2) The person witnessed any of the following:

(A) An offense of violence that would constitute a felony under the laws of this State;

(B) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;

(C) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in Section 525.19(a)(2)(A) or (B);

(D) Any conduct reasonably indicating that any offense identified in Section 525.19(a)(2)(A) or (B) or any attempt, conspiracy, or complicity described in Section 525.19(a)(2)(C) has been, is being, or is about to be committed.

(b) Whoever violates this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.

(c) Nothing in this section requires a person to answer any questions beyond that person’s name, address, or date of birth.  Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person’s name, address, or date of birth or for refusing to describe the offense observed.

(d) It is not a violation of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.

(ORC 2921.29)

Chapter 529 Liquor Control

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Section 529.01 Definitions 

As used in the Codified Ordinances:

(a) "Alcohol" means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol.  Such term excludes denatured alcohol and wood alcohol.

(b) "Intoxicating liquor" and "liquor" include all liquids and compounds, other than beer as defined in subsection (c) hereof, containing one half of one percent (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.  Such phrase includes cider and alcohol and all solids and confections which contain one-half of one percent or more of alcohol by volume.

(c) "Beer" includes all beverages brewed or fermented wholly or in part from malt products and containing one-half of one percent (0.5%) or more of alcohol by volume. Beer, regardless of the percent of alcohol by volume, is not intoxicating liquor for purposes of this chapter.  (ORC 4301.244)

(d) "Person" includes firms and corporations.

(e) "Low-alcohol beverage” means 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 one-half of one percent (0.5%) of alcohol by volume.  The beverages described in subsection (e) hereof do not include a soft drink such as root beer, birch beer, or ginger beer.

(ORC 4301.01)

Section 529.02 Sales to and Use by Underage Persons; Securing Public Accommodations 

(a) Except as otherwise provided in this Chapter or O.R.C. 4301, no person shall sell beer or intoxicating liquor to an underage person, or 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 his practice or given for established religious purposes, or unless the underage person is supervised by a parent, spouse who is not an underage person or legal guardian.

In proceedings before the Liquor Control Commission, no permit holder, or no employee or agent of a permit holder, charged with a violation of this subsection shall be charged, for the same offense, with a violation of O.R.C. 4301.22(A)(1).

(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 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 subsection 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 he 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 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 practitioner 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 supervised 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 twenty-one years of age or older for the purpose of violating this section.

(e) 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 subsection 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 supervised 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.

(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 Section 529.03(a) to (c).

(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) As used in this section:

(1) "Drug of abuse" has the same meaning as in O.R.C. 3719.011.

(2) "Hotel" has the same meaning as in O.R.C. 3731.01.

(3) “Licensed health professional authorized to prescribe drugs” and “prescription” have the same meanings as in O.R.C. 4729.01.

(4) “Minor” means a person under the age of eighteen years.

(5) "Underage person" means a person under the age of twenty-one years.

(ORC 4301.69)

(i) Whoever violates this section is guilty of a misdemeanor of the first degree.  In addition, whoever violates Section 529.02(a) shall be fined not less than five hundred dollars ($500.00).

(ORC 4301.99)

Section 529.03 Purchase by Minor; Misrepresentation 

(a) Except as otherwise provided in this Chapter or O.R.C. 4301, no person under the age of twenty-one years shall purchase beer or intoxicating liquor.  

(ORC 4301.63)

(b) Except as otherwise provided in this Chapter or O.R.C. 4301, no person shall knowingly furnish any false information as to the name, age or other identification of any person under twenty-one years of age for the purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under twenty-one years of age, by purchase, or as a gift.

(ORC 4301.633)

(c) Except as otherwise provided in this Chapter or O.R.C. 4301, no person under the age of twenty-one years shall knowingly show or give false information concerning the person’s name, age or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place 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.

(ORC 4301.634)

(d)  

(1) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the first degree.

(2) Whoever violates Section 529.03(a), 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 Section 529.03(a) may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court.  The court shall designate the time within which the public work shall be completed.

(3) 

(A) Whoever violates Section 529.03(c) is guilty of a misdemeanor of the first degree.   If, in committing a first violation of that subsection, the offender presented to the permit holder or the permit holder’s 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) and may be sentenced to a term of imprisonment of not more than six months.

(B) On a second violation in which, for the second time, the offender presented to the permit holder or the permit holder’s 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), and may be sentenced to a term of imprisonment of not more than six months.  The court also may impose a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in O.R.C. 4510.02(A)(7).

(C) On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or the permit holder’s 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), and may be sentenced to a term of imprisonment of not more than six months.  Except as provided in this subsection, the court also may impose a class six suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in O.R.C. 4510.02(A)(6), and the court may order that the suspension or denial remain in effect until the offender attains the age of twenty-one years.  The court, in lieu of suspending the offenders temporary instruction permit, probationary driver’s license or driver’s license, instead 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.  

(ORC 4301.99)

Section 529.04 Sales to Intoxicated Persons 

(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.

(ORC 4301.22)

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

(ORC 4301.99)

Section 529.05 Liquor Possession in Motor Vehicle

(a) No person shall consume any beer or intoxicating liquor in a motor vehicle.  This section does not apply to persons described in Section 529.08(d).  

(ORC 4301.64)

(b) No person shall transport or possess an open container of beer or intoxicating liquor in a motor vehicle in such a manner that the container is accessible to the operator or a passenger without leaving the vehicle.

(c) No person under the age of twenty-one years shall transport or possess beer or intoxicating liquor in a motor vehicle.

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

Section 529.06 Permit Required

(a) No person personally or by the person’s 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 Municipality, or transport, import or cause to be transported or imported any beer, intoxicating liquor or alcohol on or into this Municipality for delivery, use or sale, unless the person has fully complied with O.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.  

(ORC 4303.25)

(b) Whoever violates this section is guilty of a minor misdemeanor.

Section 529.07 Low-Alcohol Beverages; Sale to and Purchase by Underage Persons Prohibited 

(a) As used in this section, "underage person" means a person under eighteen years of age.

(b) No underage person shall purchase any low-alcohol beverage.

(c) No underage person shall order, pay for, share the cost of, or attempt to purchase any low-alcohol beverage.

(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 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 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) 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.

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.

(h) No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless 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 the physician’s practice or given for established religious purposes.

(i) 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.  

(ORC 4301.631)

(j) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the fourth degree.

(k) Whoever violates Section 529.07(b) 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 Section 529.07(b) may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court.  The court shall designate the time within which the public work shall be completed.

(ORC 4301.99)

Section 529.08 Open Container Prohibited

(a) As used in this section:

(1) “Chauffeured limousine” means a vehicle registered under O.R.C. 4503.24.

(2) "Street," "highway" and "motor vehicle" have the same meanings as in O.R.C. 4511.01.

(b) No person shall have in the person’s possession an opened container of beer or intoxicating liquor in any of the following circumstances:

(1) Except as provided in Section 529.08(c)(1)(E), in an agency store;

(2) Except as provided in Section 529.08(c), on the premises of the holder of any permit issued by the Division of Liquor Control;

(3) In any other public place;

(4) Except as provided in Section 529.08(d) or (e) hereof, 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 Section 529.08(d) or (e) hereof, 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.

(c) 

(1) A person may have in the person’s possession an opened container of any of the following:

(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, A-2(f), A-3a, 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-5l, D-5m, D-5n, D-5o, D-7, D8, E, F, F-2, F-5, F-7 or F-8 permit;

(B) Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit, wine served as a tasting sample by an A-2 permit holder or S permit holder for consumption on the premises of a farmers market for which an F- 10 permit has been issued, or wine served for consumption on the premises by the holder of an F-4 or F-6 permit;

(C) Beer or intoxicating liquor consumed on the premises of a convention facility as provided in O.R.C. 4303.201;

(D) Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission.

(E) Spirituous liquor to be consumed for purposes of a tasting sample, as defined in O.R.C. 4301.171.

(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 section, “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 forty acres.

(3)  

(A) A person may have in the person’s possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued.

(B) As used in Section 529.08(c)(3)(A):

(i) “Orchestral performance” means a concert comprised of a group of not fewer than forty musicians playing various musical instruments.

(ii) “Outdoor performing arts center” means an outdoor performing arts center that is located on not less than one  hundred fifty acres of land and that is open for performances from the first day of April to the last day of October of each year.

(4) A person may have in the person’s possession an opened or unopened container of beer or intoxicating liquor at an outdoor location at which the person is attending an orchestral performance as defined in Section 529.08(c)(3)(B)(i) if the person with supervision and control over the performance grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of that outdoor location.

(5) A person may have in the person’s possession on an F-9 liquor permit premises an opened or unopened container of beer or intoxicating liquor that was not purchased from the holder of the F-9 permit if the person is attending either of the following:

(A) An orchestral performance and the F-9 permit holder grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of the premises during the period for which the F-9 permit is issued;

(B) An outdoor performing arts event or orchestral performance that is free of charge and the F-9 permit holder annually hosts not less than twenty-five other events or performances that are free of charge on the permit premises.

As used in Section 529.08(c)(5), “orchestral performance” has the same meaning as in Section 529.08(c)(3)(B).

(6)  

(A) A person may have in the person’s possession on the property of an outdoor motorsports facility an opened or unopened container of beer or intoxicating liquor that was not purchased from the owner of the facility if both of the following apply:

(i) The person is attending a racing event at the facility; and

(ii) The owner of the facility grants permission for the possession and consumption of beer or intoxicating liquor on the property of the facility;

(B) As used in Section 529.08(c)(6)(A):

(i) “Racing event” means a motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.

(ii) “Outdoor motorsports facility” means an outdoor racetrack to which all of the following apply:

(a) It is two and four-tenths miles or more in length.

(b) It is located on two hundred acres or more of land.

(c) The primary business of the owner of the facility is the hosting and promoting of racing events.

(d) The holder of a D-1, D-2 or D-3 permit is located on the property of the facility.

(7)  

(A) A person may have in the person’s possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under O.R.C. 4301.82, if the opened container of beer or intoxicating liquor was purchased from an A-1, A-1-A, A-1c, A-2, A-2f, D class or F class permit holder to which both of the following apply:

(i) The permit holder’s premises is located within the outdoor refreshment area.

(ii) The permit held by the permit holder has an outdoor refreshment area designation.

(B) Section 529.08(c)(7) does not authorize a person to do either of the following:

(i) Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere;

(ii) Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area, unless the possession is otherwise authorized under subsection (d) or (e) of this section.

(C) As used in Section 529.08(c)(7), “D class permit holder” does not include a D-6 or D-8 permit holder.

(8)  

(A) A person may have in the person’s possession on the property of a market, within a defined F-8 permit premises, an opened container of beer or intoxicating liquor that was purchased from a D permit premises that is located immediately adjacent to the market if both of the following apply:

(i) The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises;

(ii) The market is hosting an event pursuant to an F-8 permit and the market has notified the Division of Liquor Control about the event in accordance with O.R.C. 4303.208(A)(3).

(B) As used in Section 529.08(c)(8), market means a market, for which an F-8 permit is held, that has been in operation since 1860.

(d) This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of such a person, when all of the following apply:

(1) The person or guest is a passenger in the limousine;

(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;

(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.

(e) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:

(1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises.  The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.

(2) The opened bottle of wine that is resealed in accordance with Section 529.08(e)(1) is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

(f) 

(1) Except if an ordinance or resolution is enacted or adopted under Section 529.08(f)(2), this section does not apply to a person who, pursuant to a prearranged contract, is a passenger riding on a commercial quadricycle when all of the following apply:

(A) The person is not occupying a seat in the front of the commercial quadricycle where the operator is steering or braking.

(B) The commercial quadricycle is being operated on a street, highway or other public or private property open to the public for purposes of vehicular travel or parking.

(C) The person has in their possession on the commercial quadricycle an opened container of beer or wine.

(D) The person has in their possession on the commercial quadricycle not more than either thirty-six ounces of beer or eighteen ounces of wine.

(2) The legislative authority of a municipal corporation or township may enact an ordinance or adopt a resolution, as applicable, that prohibits a passenger riding on a commercial quadricycle from possessing an opened container or beer or wine.

(3) As used in this section, “commercial quadricycle” means a vehicle that has fully-operative pedals for propulsion entirely by human power and that meets all of the following requirements:

(A) It has four wheels and is operated in a manner similar to a bicycle.

(B) It has at least five seats for passengers.

(C) It is designed to be powered by the pedaling of the operator and the passengers.

(D) It is used for commercial purposes.

(E) It is operated by the vehicle owner or an employee of the owner.

(g) This section does not apply to a person that has in the person’s possession an opened container of beer or intoxicating liquor on the premises of a market if the beer or intoxicating liquor has been purchased from a D liquor permit holder that is located in the market.

(1) As used in Section 529.08(g), “market” means an establishment that:

(A) Leases space in the market to individual vendors, not less than fifty percent of which are retail food establishments or food service operations licensed under O.R.C. Chapter 3717;

(B) Has an indoor sales floor area of not less than twenty-two thousand square feet;

(C) Hosts a farmer’s market on each Saturday from April through December.

(ORC 4301.62)

(h) Whoever violates this section is guilty of a minor misdemeanor.

(ORC 4301.99(A))

Section 529.09 Hours of Sale of Consumption

(a) This rule shall apply to the retail sale of beer, wine, mixed beverages, or spirituous liquor.

(b) No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1, A-1c, A-2, B-1, B-2, B-4, B-5, C-1, C-2, C-2X, D-1, D-2, D-2X, D-3 when issued without a D-3A, D-3X, D-4, D-5H, D-5K, D-8, F, F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, G or I permit holder:

(1) From Monday to Saturday between the hours of one a.m. and five thirty a.m.

(2) On Sunday between the hours of one a.m. and Sunday midnight, unless statutorily authorized otherwise.

(3) Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption.

(c) No beer, wine, mixed beverages, or spirituous liquid shall be sold or delivered by an A-1A, D-3 when issued with a D-3A, D-4A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5G,  D-5I, D-5J, D-5l, D-5m, D-5n, D-5o, or D-7 permit holder:

(1) From Monday to Saturday between the hours of two thirty a.m. and five thirty a.m.

(2) On Sunday between the hours of two thirty a.m. and Sunday midnight, unless statutorily authorized otherwise.

(3) Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages or spirituous liquor for on-premises consumption.

(d) Permit holders authorized to sell beer, wine, mixed beverages, or spirituous liquor at retail who are not specifically identified in Section 529.09(b) or (c) above shall be subject to the provisions of Section 529.09(b), unless statutorily authorized otherwise.

(e) The hours on Sunday during which sales, delivery, or consumption of alcoholic beverages may take place are established by statute, but in no event shall they begin prior to five thirty a.m.

(OAC 4301:1-1-49)

(f) Whoever violates this section is guilty of a minor misdemeanor.

Chapter 531 Noise Control

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Section 531.01 Noise Making and Noise Amplifying Devices; Variances

(a) The operation or maintenance of noise making, noise amplifying or noise producing instruments or devices by which the peace or good order of a neighborhood is disturbed is hereby declared to be a nuisance.   No person shall operate or maintain any radio, phonograph, tape player, compact disc device, in any public or private place by which the peace and good order of the neighborhood is disturbed or persons owning or occupying property in the neighborhood are disturbed or annoyed.   "Neighborhood" includes the vicinity of any school, institution of learning, place of worship, court or hospital, while the same is in use.

(b) No person shall use, operate or permit the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way, operate or permit for any noncommercial purposes any loudspeaker, public address system, mobile sound vehicle, or similar device between the hours of 8:00 p.m. and 8:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary.

(c) The Director of Administration or his designated representative shall have the authority, consistent with this chapter, to grant special variances.

(1) Any person seeking a special variance shall file an application with the Director of Administration or his designated representative.  The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons.

(2) In determining whether to grant or deny the application, the Director of Administration or his designated representative shall balance the hardship to the applicant, the community and other persons, of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance.  Any regulations of time, place and manner shall be independent of the content of the speech.  Applicants for special variances and persons contesting special variances may be required to submit any information the Director of Administration or his representative may reasonably require.

(3) A special variance shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity.  The special variance shall not become effective until all conditions are agreed to by the applicant.  Noncompliance with any conditions of the special variance shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special variance was granted.

(d) The provisions of this chapter shall not apply to the following:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency or for the performance of emergency work.

(2) Organized school-related programs, activities or events, or parades or other public programs, activities or events, authorized by the Director of Public Safety or his designated representative.

(e) Any violation of this chapter is declared to be a nuisance.  In addition to any other relief provided by this chapter, the Law Director may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter.  Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction.

(f) Whoever violates this section is guilty of a minor misdemeanor; if the offender has had one prior conviction of this offense, the second violation of this section is a misdemeanor of the fourth degree; if the offender has had two or more prior convictions of this offense, any subsequent violation of this section is a misdemeanor of the third degree.

Chapter 533 Obscenity and Sex Offenses

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Section 533.01 Definitions

All words and phrases defined in Ohio Revised Code Section 2907.01 have the same meanings as provided therein when used in this Chapter except as otherwise provided.

Section 533.02 Presumption of Knowledge; Actual Notice and Defense

(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 materials or exhibiting performances, who, in the course of business does any of the acts prohibited by Section 533.12, 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 jurisdiction in which the person to whom the notice is directed does business.  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 533.12 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 a 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’s or projectionist’s place of employment, other than wages.

(d) 

(1) Section 533.12, Section 533.13(a) and Section 533.14 do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.

(2) Section 533.02(d)(1) 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 533.12, Section 533.13 or Section 533.14, or who knowingly advertises the availability of material of that nature.

(3) Section 533.02(d)(1) does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of Section 533.12, Section 533.13 or Section 533.14, and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.

(e) An employer is not guilty of a violation of Section 533.12, Section 533.13 or Section 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 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.

(2) The employer recklessly disregards the employee’s or agent’s conduct.

(f) It is an affirmative defense to a charge under Section 533.12 or Section 533.14 as the sections apply to an image transmitted through the internet or another electronic method of remotely transmitting information 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.

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

(ORC 2907.35)

Section 533.03 Unlawful Sexual Conduct with a Minor

(a) No person, who is eighteen 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 thirteen years of age or older but less than sixteen 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, a misdemeanor of the first degree.  If the offender is four years older or more than the other person, or if the offender has previously been convicted of or pleaded guilty to a violation of O.R.C. 2907.02, 2907.03 or 2907.04, or former O.R.C. 2907.12, unlawful sexual conduct with a minor is a felony and shall be prosecuted under appropriate State law.

(ORC 2907.04)

Section 533.04 Sexual Imposition

(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 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 thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such 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 previously has been convicted of or pleaded guilty to a violation of O.R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06 or former Section 2907.12, or a substantially similar municipal ordinance, a violation of this section is a misdemeanor of the first degree.  If the offender previously has been convicted of or pleaded guilty to three or more violations of O.R.C. 2907.02, 2907.03, 2907.04 or 2907.05, 2907.06 or former Section 2907.12 or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in O.R.C. 2929.24, the court may impose on the offender a definite jail term of not more than one year.

(ORC 2907.06)

Section 533.06 Voyeurism

(a) No person, for the purpose of sexually arousing or gratifying the person’s self, 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 the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, or otherwise record the other person in a state of nudity.

(c) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.

(d) Whoever violates this section is guilty of voyeurism.

(1) A violation of Section 533.06(a) is a misdemeanor of the third degree.

(2) A violation of Section 533.06(b) is a misdemeanor of the second degree.

(3) A violation of Section 533.06(c) is a misdemeanor of the first degree.

(ORC 2907.08)

Section 533.07 Public Indecency

(a) No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others, who are in the person’s physical proximity and who are not members of the person’s household:

(1) Expose the person’s private parts;

(2) Engage in sexual conduct or masturbation;

(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

(b) No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:

(1) Engage in masturbation;

(2) Engage in sexual conduct;

(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;

(4) Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.

(c) Whoever violates this section is guilty of public indecency and shall be punished as provided in Section 533.07(c)(1), (2), (3) and (4).

(1) Except as otherwise provided in Section 533.07(c)(1), a violation of Section 533.07(a)(1) is a misdemeanor of the fourth degree.  If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of Section 533.07(a)(1)is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree.  If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of Section 533.07(a)(1) is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree.  If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of Section 533.07(a)(1) is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.

(2) Except as otherwise provided in Section 533.07(c)(2), a violation of Section 533.07(a)(2) or (3) is a misdemeanor of the third degree.  If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of Section 533.07(a)(2) or (3) is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree.  If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of Section 533.07(a)(2) or (3) is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony which shall be prosecuted under appropriate state law.

(3) Except as otherwise provided in Section 533.07(c)(4), a violation of Section 533.07(b)(1), (2), or (3) is a misdemeanor of the second degree.   If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of Section 533.07(b)(1), (2), or (3) is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of Section 533.07(b)(1), (2), or (3) is a felony and shall be prosecuted under appropriate state law.

(4) A violation of Section 533.07(b)(4) is a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to any violation of this section in which case the violation is a felony and shall be prosecuted under appropriate state law.

(d) 

(1) If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of Section 533.07(b)(4):

(A) The offender is less than ten years older than the other person.

(B) The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section.

(2) If the offender is convicted of or pleads guilty to a violation of subsection (b)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under O.R.C. 2950.04, 2950.041, 2950.05 and 2950.06.

(ORC 2907.09)

Section 533.08 Procuring

(a) No person, knowingly and for gain, shall do either of the following:

(1) Entice or solicit another to patronize a prostitute or brothel;

(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 such premises to be used for the purpose of engaging in sexual activity for hire.

(c) Whoever violates this section is guilty of procuring.   Except as otherwise provided in this subsection, procuring is a misdemeanor of the first degree.  If the prostitute who is procured, patronized or otherwise involved in a violation of Section 533.08(a)(2) is under sixteen years of age at the time of the violation, regardless of whether the offender who violates Section 533.08(a)(2) knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of Section 533.08(b) is under sixteen years of age at the time of the violation, regardless of whether the offender who violates Section 533.08(b) knows the prostitute’s age, procuring is a felony and shall be prosecuted under appropriate state law.  If the prostitute who is procured, patronized or otherwise involved in a violation of Section 533.08(a)(2) is sixteen or seventeen years of age at the time of the violation or if a prostitute who engages in sexual activity for hire in premises used in violation of Section 533.08(b) is sixteen or seventeen years of age at the time of the violation, procuring is a felony and shall be prosecuted under appropriate state law.

(ORC 2907.23)

Section 533.09 Soliciting

(a) No person shall solicit another who is eighteen years of age or older to engage with such other person in sexual activity for hire.

(b) Whoever violates this section is guilty of soliciting, a misdemeanor of the third degree.

(c) If a person is convicted of or pleads guilty to a violation of any provision of this section or an attempt to commit a violation of any provision of this section, and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, shall impose upon the offender a class six suspension of the person’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in O.R.C. 4510.02(A)(6).  In lieu of imposing upon the offender the class six suspension, the court instead may require the offender to perform community service for a number of hours determined by the court.

(d) As used in this section, “sexual activity for hire” means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.  

(ORC 2907.24)

Section 533.10 Loitering to Engage in Solicitation

(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:

(1) Beckon to, stop or attempt to stop another;

(2) Engage or attempt to engage another in conversation;

(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;

(5) Interfere with the free passage of another.

(b) As used in this section:

(1) “Vehicle” has the same meaning as in O.R.C. 4501.01.

(2) “Public place” means any of the following:

(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 Section 533.10(b)(2)(A);

(C) A place not described in Section 533.10(b)(2)(A) or (B) that is open to the public.

(c) Whoever violates (a) is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.  

(ORC 2907.241)

Section 533.11 Prostitution

(a) No person shall engage in sexual activity for hire.

(b) Whoever violates this section is guilty of prostitution, a misdemeanor of the third degree.  

(ORC 2907.25)

Section 533.12 Disseminating Matter Harmful to Juveniles 

(a) No person, with knowledge of its character or content, shall recklessly do any of the following:

(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;

(2) Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;

(3) While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a 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:

(1) The defendant is the parent, guardian or spouse of the juvenile involved.

(2) The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile’s 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 the defendant’s agent or employee a draft card, driver's license, birth certificate, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen 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, clergyman, prosecutor, judge or other proper person.

(2) Except as provided in Section 533.12(b)(3), mistake of age is not a defense to a charge under this section.

(d)  

(1) A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.

(2) A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:

(A) The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.

(B) The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.

(e) If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application.  To this end, the provisions are severable.

(f) 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 subsection, a violation of this section is a misdemeanor of the first degree.  If the material or performance involved is obscene, a violation of this section is a felony and shall be prosecuted under appropriate State law.  

(ORC 2907.31)

Section 533.13 Deception to Obtain Matter Harmful to Juveniles

(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 is the parent, guardian or spouse of such juvenile;

(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen 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:

(1) Falsely represent that he is eighteen years of age or over or married;

(2) Exhibit any identification or document purporting to show that he is eighteen 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 Section 533.13(b) shall be adjudged an unruly child, with such disposition of the case as may be appropriate under O.R.C. 2151.  

(ORC 2907.33)

Section 533.14 Displaying Matter Harmful to Juveniles

(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 Section 533.14(a) 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.

(ORC 2907.311)

Section 533.15 Residential Restrictions for Sexual Predators

(a) No person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and has been classified as a sexual predator and/or Tier III sex offender/child victim offender ("Tier III") shall establish a residence or occupy residential premises within two thousand five hundred feet (2,500), of any school premises, preschool, daycare, public park, library, or public pool that is located within the City of North Canton.

(b) If a person to whom Section 533.15(a) applies violates Section 533.15(a) by establishing a residence of or occupying residential premises within two thousand five hundred feet (2,500), of any school premises, preschool, daycare, public park, library, or public pool, that is located within the City of North Canton, the Director of Law has a cause of action for injunctive relief against the person.  The City of North Canton shall not be required to prove irreparable harm in order to obtain the relief.

(c) The City of North Canton adopts the provisions of the law of Ohio now or hereafter in effect concerning the definition, determination, registration, or classification of a person who has been convicted of, is convicted of, has plead guilty to, or pleads guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child victim oriented offense and has been classified as a sexual predator and/or Tier III.

(d) The City Council of the City of North Canton finds that because children are especially vulnerable to being victims of sexually abusive behavior, kidnapping, and abduction, and are likely to be present a significant amount of time on or near school premises, preschools, daycares, public parks, libraries, and public pools that certain persons who have been convicted of, or have plead guilty to, a sexually oriented offense or child victim oriented offense and classified as a sexual predator and/or Tier III must not establish a  residence or occupy residential premises within two thousand five hundred feet (2,500) of any school premises, preschool, daycare, public park, library, or public pool.

(e) The Council of the City of North Canton adopts the determinations and intent of the Ohio General Assembly as articulated in O.R.C. 2950.02.

(f) The City of North Canton adopts the definitions now and hereafter in effect for school premises, preschool, daycare, public park, library, or public pool as defined by the law of Ohio.

(g) It is hereby declared to be the intention of the Council of the City of North Canton that the subsections, paragraphs, sentences, clauses, and words of this section are severable and if any word, clause, sentence, paragraph, or subsection of this section shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionally or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs, and subsections of this section, because the same would have been enacted by the Council of the City of North Canton without the incorporation in this section of any such unconstitutional or invalid word, clause, sentence, paragraph, or subsection.

Section 533.16 Unlawful Advertising of Massage

(a) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.

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

(c) Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of Section 533.16(a) and (b).

(ORC 2927.17)

Section 533.17 Dissemination of Private Sexual Images

(a) As used in this section:

(1) “Disseminate” means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.

(2) “Image” means a photograph, film, videotape, digital recording or other depiction or portrayal of a person.

(3) “Interactive computer service” has the meaning defined in the “Telecommunications Act of 1996", 47 U.S.C. 230, as amended.

(4) “Internet provider” means a provider of internet service, including all of the following:

(A) Broadband service, however defined or classified by the federal communications commission;

(B) Information service or telecommunication service, both as defined in the “Telecommunications Act of 1996" 47 U.S.C. 153, as amended.

(C) Internet protocol-enabled services, as defined in O.R.C. 4927.01.

(5) “Mobile service” and “telecommunications carrier” have the meanings defined in 47 U.S.C. 153, as amended.

(6) “Cable service provider” has the same meaning as in O.R.C. 1332.01.

(7) “Direct-to-home satellite service” has the meaning defined in 47 U.S.C. 303, as amended.

(8) “Video service provider” has the same meaning as in O.R.C. 1332.21.

(9) “Sexual act” means any of the following:

(A) Sexual activity;

(B) Masturbation;

(C) An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;

(D) Sado-masochistic abuse.

(b) No person shall knowingly disseminate an image of another person if all of the following apply:

(1) The person in the image is eighteen years of age or older;

(2) The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.

(3) The person in the image is in a state of nudity or is engaged in a sexual act;

(4) The image is disseminated without consent from the person in the image;

(5) The image is disseminated with intent to harm the person in the image.

(c) This section does not prohibit the dissemination of an image if any of the following apply:

(1) The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.

(2) The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.

(3) The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.

(4) The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.

(5) The image is disseminated for another lawful public purpose;

(6) The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.

(7) The image is disseminated for the purpose of medical treatment or examination.

(d) The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:

(1) A provider of interactive computer service;

(2) A mobile service;

(3) A telecommunications carrier;

(4) An internet provider;

(5) A cable service provider;

(6) A direct-to-home satellite service;

(7) A video service provider.

(e) Any conduct that is a violation of this section and any other section of the General Offenses Code, or the Revised Code may be prosecuted under this section, the other section, or both sections.

(f) 

(1) 

(A) Except as otherwise provided in Section 533.17(f)(1)(B), (C), or (D), whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.

(B) If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.

(C) If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.

(D) If the offender is under eighteen years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.

(2) In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under O.R.C. 2981.

(A) Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;

(B) Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.

(g) A victim of a violation of this section may commence a civil cause of action against the offender, as described in O.R.C. 2307.66.

(ORC 2917.211)

Chapter 537 Offenses Against Persons 

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Section 537.01 Negligent Homicide

(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 Section 549.01.

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

(ORC 2903.05)

Section 537.02 Vehicular Homicide and Manslaughter 

(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) Negligently;

(2) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this subsection applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) of this section.

(3) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Ohio Revised Code 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 Title XLV of the Ohio Revised Code that is a minor misdemeanor.

(b) 

(1) Whoever violates Section 537.02(a)(1) or (2) is guilty of vehicular homicide.   Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree.   Vehicular homicide is a felony and shall be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under O.R.C. 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under O.R.C. 4507.10 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.  The court shall impose a mandatory jail term on the offender when required by O.R.C. 2903.06(E).

(2) Whoever violates Section 537.02(a)(3) is guilty of vehicular manslaughter.   Except as otherwise provided in this subsection, 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 or cancellation imposed under O.R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under O.R.C. 4507.10 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.

(c) The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a violation of Section 537.02(a)(2) and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99.  The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of Section 537.02(a)(1)  if either of the following applies:

(1) The offender previously has been convicted of or pleaded guilty to a violation of this section or O.R.C. 2903.06 or 2903.08.

(2) At the time of the offense, the offender was driving under suspension or cancellation under O.R.C. 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under O.R.C. 4507.10.

(d) Section 537.02(a)(2) does not apply in a particular construction zone unless signs of the type described in O.R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under O.R.C. 5501.27. The failure to erect signs of the type described in O.R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of Section 537.02(a)(1) or (3) of this section in that construction zone or the prosecution of any person who violates any of those subsections in that construction zone.

(e) As used in this section:

(1) “Mandatory prison term” and “mandatory jail term” have the same meanings as in O.R.C. 2929.01.

(2) “Traffic-related homicide, manslaughter or assault offense” means a violation of O.R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of O.R.C. 2903.06 or 2903.08, or a violation of O.R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000.

(3) “Construction zone” has the same meaning as in O.R.C. 5501.27.

(4) “Speeding offense” means a violation of O.R.C. 4511.21 or a municipal ordinance pertaining to speed.

(f) 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 another state or the United States.  

(ORC 2903.06)

(g) The court imposing a sentence upon an offender for any violation of this section also shall impose a suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in O.R.C. 4510.02(B) that is equivalent in length to the suspension required for a violation of O.R.C. 2903.06 under similar circumstances.

(ORC 4510.07)

Section 537.03 Vehicular Assault in a Construction Zone 

(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense.  This subsection applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in Section 537.03(d).

(b) Whoever violates this section is guilty of vehicular assault.  Except as provided in this subsection, vehicular assault is a misdemeanor of the first degree.  Vehicular assault is a felony if, at the time of the offense, the offender was driving under a suspension imposed under O.R.C. 4510, 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, and shall be prosecuted under appropriate state law.

In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in O.R.C. 4510.02(A)(4).

(c) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a violation of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99.

(d) This section does not apply in a particular construction zone unless signs of the type described in O.R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under O.R.C. 5501.27.

(e) As used in this section:

(1) “Mandatory jail term” has the same meaning as in O.R.C. 2929.01.

(2) “Traffic-related homicide, manslaughter or assault offense” has the same meaning as in O.R.C. 2903.06.

(3) “Construction zone” has the same meaning as in O.R.C. 5501.27.

(4) “Speeding offense” has the same meaning as in O.R.C. 2903.06.

(f) 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 another state or the United States.  

(ORC 2903.08)

Section 537.04 Assault 

(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 this section is guilty of assault, a misdemeanor of the first degree, and the court shall sentence the offender as provided in this subsection.  If the assault was committed under any of the circumstances provided in Section 537.04(c)(1) through (8), assault is a felony and shall be prosecuted under appropriate State law.

(1) Except as otherwise provided in this subsection, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care.

(2) If the offense occurs in or on the grounds of a State correctional institution or an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction or the Department of Youth Services, and the offense is committed by a person incarcerated in the State correctional institution or by a person institutionalized in the Department of Youth Services Institution pursuant to a commitment to the Department of Youth Services.

(3) If the offense is committed in any of the following circumstances:

(A) The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child.

(B) The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction, the Department of Youth Services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Department of Youth Services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.

(C) The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.

(D) The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s    employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises.

(4) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties.

(5) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation and if the victim suffered serious physical harm as a result of the commission of the offense.

(6) 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.

(7) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital; a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers or officers, assault is one of the following:

(A) Except as otherwise provided in Section 537.04(c)(7)(B), assault committed in the specified circumstances is a misdemeanor of the first degree.  Notwithstanding the fine specified in O.R.C. 2929.28(A)(2)(b) for a misdemeanor of the first degree, in sentencing the offender under this subsection and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000).

(B) If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony.

(8) If the victim of the offense is a judge, magistrate, prosecutor or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor or court official or employee, and if the victim is engaged in the performance of the victim’s duties, assault is one of the following:

(A) Except as otherwise provided in Section 537.04(c)(8)(B), assault committed in the specified circumstances is a misdemeanor of the first degree.  In sentencing the offender under this subsection, if the court decides to impose a fine, notwithstanding the fine specified in O.R.C. 2929.28(A)(2)(b)  for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000).

(B) If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony.

(9) If an offender who is convicted of, or pleads guilty to, assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in O.R.C. 2941.1423 that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in O.R.C. 2929.24(G).

(d) As used in this section:

(1) “Peace officer” has the same meaning as in O.R.C. 2935.01.

(2) “Firefighter” has the same meaning as in O.R.C. 3937.41.

(3) “Emergency medical service” has the same meaning as in O.R.C. 4765.01.

(4) “Local correctional facility” means a county, multicounty, municipal, municipal-county   or multicounty-municipal jail or workhouse.  A minimum security jail established under O.R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county, or multicounty- municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child.

(5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility.

(6) “School teacher or administrator” means either of the following:

(A) A person who is employed in the public schools of the State under a contract described in O.R.C. 3311.77 or 3319.08 in a position in which the person is required to have a certificate issued pursuant to O.R.C. 3319.22 to 3319.311.

(B) A person who is employed by a nonpublic school for which the State Board of Education prescribes minimum standards under O.R.C. 3301.07 and who is certified in accordance with O.R.C. 3301.071.

(7) “Community control sanction” has the same meaning as in O.R.C. 2929.01.

(8) “Escorted visit” means an escorted visit granted under O.R.C. 2967.27.

(9) “Post-release control” and “transitional control” have the same meanings as in O.R.C. 2967.01.

(10) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in O.R.C. 2903.11.

(11) “Health care professional” and “health care worker” have the same meanings as in O.R.C. 2305.234.

(12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or O.R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which all of the following apply:

(A) The victim of the offense was a health care professional of a hospital, a health care worker of a hospital or a security officer of a hospital.

(B) The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital;

(C) The victim was engaged in the performance of the victim’s duties.

(D) The hospital offered de-escalation or crisis intervention training for such professionals, workers or officers.

(13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient’s family, and visitors, including those with mental impairments.

(14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of O.R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim’s duties.

(15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this State or of a United States court located in this State.

(16) “Judge” means a judge of a court created under the constitution or statutes of this State or of a United States court located in this State.

(17) “Magistrate” means an individual who is appointed by a court of record of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this State who has similar powers and functions.

(18) “Prosecutor” has the same meaning as in O.R.C. 2935.01.

(19) 

(A) “Hospital” means, subject to Section 537.04(d)(19)(B), an institution classified as a hospital under O.R.C. 3701.01 in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization.

(B) "Hospital” does not include any of the following:

(i) A facility licensed under O.R.C. 3721, a health care facility operated by the Department of Mental Health or the Department of Developmental Disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice;

(ii) An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under Section 501 of the “Internal Revenue Code of 1986", 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in O.R.C. 4723.32(E) from the licensing requirements of O.R.C. 4723.

(20) “Health maintenance organization” has the same meaning as in O.R.C. 3727.01.  

(ORC 2903.13)

Section 537.05 Negligent Assault 

(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in O.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.  

(ORC 2903.14)

Section 537.06 Aggravated Menacing 

(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, the other person’s unborn, or a member of the other person’s immediate family.  In addition to any other basis for the other person’s belief that the offender will cause serious 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, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs.

(b) Whoever violates this section is guilty of aggravated menacing.  Except as otherwise provided in this subsection, 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, 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, aggravated menacing is a felony and shall be prosecuted under appropriate State law.

(c) As used in this section, “organization” includes an entity that is a governmental employer.  

(ORC 2903.21)

Section 537.07 Menacing by Stalking 

(a)  

(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person.  In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs.

(2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following:

(A) Violate Section 537.07(a)(1);

(B) Urge or incite another to commit a violation of Section 537.07(a)(1).

(3) No person, with sexual motivation, shall violate Section 537.07(a)(1) or (2).

(b) Whoever violates this section is guilty of menacing by stalking.

(1) Except as otherwise provided in Section 537.07(b)(2) and (3), menacing by stalking is a misdemeanor of the first degree.

(2) Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the following applies:

(A) The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Section 541.06.

(B) In committing the offense under Section 537.07(a)(1), (2), or (3), the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under Section 537.07(a)(2) or (3), a third person induced by the offender’s posted message made a threat of physical harm to or against the victim.

(C) In committing the offense under Section 537.07(a)(1), (2), or (3), the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under Section 537.07(a)(2) or (3), a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed, or attends school.

(D) The victim of the offense is a minor.

(E) The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.

(F) While committing the offense under Section 537.07(a)(1) or a violation of Section 537.07(a)(3) is based on conduct in violation of Section 537.07(a)(1), the offender had a deadly weapon on or about the offender’s person or under the offender’s control.  This item does not apply in determining the penalty for a violation of Section 537.07(a)(2) or (a)(3) based on conduct in violation of Section 537.07(a)(1).

(G) At the time of the commission of the offense, the offender was the subject of a protection order issued under O.R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person.

(H) In committing the offense under Section 537.07(a)(1), (2), or (3), 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, or as a result of an offense committed under Section 537.07(a)(2), or an offense committed under Section 537.07(a)(3) based on a violation of Section 537.07(a)(2), a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises.

(I) 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 physical harm, or other evidence of then-present dangerousness.

(3) 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, 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, menacing by stalking is a felony and shall be prosecuted under appropriate State law.

(c) O.R.C. 2919.271 applies in relation to a defendant charged with a violation of this section.

(d) As used in this section:

(1) “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, or 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, directed at one or more persons employed by or belonging to the same corporation, association, or other organization.  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, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct”.

(2) “Mental distress” means any of the following:

(A) Any mental illness or condition that involves some temporary substantial incapacity;

(B) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.

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

(4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in O.R.C. 2909.04.

(5) “Public official” has the same meaning as in O.R.C. 2921.01.

(6) "Computer”, “computer network”, “computer program”, “computer system” and “telecommunications device” have the same meanings as in O.R.C. 2913.01.

(7) “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication, any message or information, whether truthful or untruthful, about an individual, and whether done under one’s own name, under the name of another, or while impersonating another.

(8) “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an individual who is neither the offender nor the victim of the conduct.

(9) “Sexual motivation” has the same meaning as in O.R.C. 2971.01.

(10) “Organization” includes an entity that is a governmental employer.

(11) “Family or household member” means any of the following:

(A) Any of the following who is residing or has resided with the person against whom the act prohibited in Section 537.07(a)(1) is committed:

(i) A spouse, a person living as a spouse, or a former spouse of the person;

(ii) A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person;

(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person.

(B) The natural parent of any child of whom the person against whom the act prohibited in Section 537.07(a)(1) is committed is the other natural parent or is the putative other natural parent.

(12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in Section 537.07(a)(1) is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question.

(e) The Municipality does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in Section 537.07(d)(2)(B).

(f) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.  In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section.

(1) Section 537.07(f) does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.

(2) Section 537.07(f) not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.

(ORC 2903.211)

Section 537.08 Menacing 

(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.  In addition to any other basis for the other person’s belief 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 immediately family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs.

(b) Whoever violates this section is guilty of menacing.   Except as otherwise provided in this subsection, 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, 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, menacing is a felony and shall be prosecuted under appropriate State law.

(c) As used in this section, “organization” includes an entity that is a governmental employer.  

(ORC 2903.22)

Section 537.09 Endangering Children

(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one 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 subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

(b) No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age.

(c) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle.   

(1) Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection c hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of Section 537.09(c).  For purposes of O.R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of Section 537.09(c) shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.

(2) As used in Section 537.09(c):

(A) “Controlled substance” has the same meaning as in O.R.C. 3719.01.

(B) "Vehicle" has the same meaning as in O.R.C. 4511.01.

(d) Whoever violates this section is guilty of endangering children.

(1) Whoever violates Section 537.09(a) or (b) is guilty of a misdemeanor of the first degree.   If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, O.R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law.

(2) Whoever violates Section 537.09(c) is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies:

(A) The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under O.R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child.

(B) The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of O.R.C. 2919.22(C) or Section 537.09(c), O.R.C. 2903.06, or 2903.08, O.R.C. Section 2903.07 as it existed prior to March 23, 2000, or O.R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section.

(3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to Section 537.09(d)(2), or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under O.R.C. 2919.22(E)(5)(d).

(e) 

(1) If a person violates Section 537.09(c) and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of Section 537.09(c) 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 Section 537.09(c) but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of Section 537.09(c), both of the following apply:

(i) For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of Section 537.09(c) shall not constitute a violation of Section 333.01(a) of the Traffic Code.

(ii) For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in Section 537.09(e)(2)(A)(i), the conviction of or plea of guilty to the violation of Section 537.09(c) shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code.

(B) If a person is convicted of or pleads guilty to a violation of Section 537.09(c) and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of Section 537.09(c), the conviction of or plea of guilty to the violation of Section 537.09(c) shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code.

(ORC 2919.22)

Section 537.10 Unlawful Restraint 

(a) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty.

(b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty.

(c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.

(d) As used in this section, “sexual motivation” has the same meaning as in O.R.C. 2971.01.  

(ORC 2905.03)

Section 537.11 Coercion 

(a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:

(1) Threaten to commit any offense;

(2) Utter or threaten any calumny against any person;

(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit;

(4) Institute or threaten criminal proceedings against any person;

(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) Section 537.11(a)(4) and (5) shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice:

(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to O.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 the accused 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 community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense.

(c) It is an affirmative defense to a charge under Section 537.11(a)(3), (4), or (5) that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following:

(1) Compelling another to refrain from misconduct or to desist from further misconduct;

(2) Preventing or redressing a wrong or injustice;

(3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified;

(4) Compelling another to take action that 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:

(1) "Threat" includes a direct threat and a threat by innuendo.

(2) “Community control sanction” has the same meaning as in O.R.C. 2929.01.

(ORC 2905.12)

Section 537.12 Telecommunication Harassment 

(a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following:

(1) Makes the telecommunication with purpose to harass, intimidate, 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 O.R.C. 2903.21;

(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 person at those premises.

(6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient;

(7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person;

(8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device;

(9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient;

(10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person;

(11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner.

(b)  

(1) 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) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person.

(c)  

(1) Whoever violates this section is guilty of telecommunication harassment.

(2) A violation of Section 537.12(a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or Section 537.12(b) is a misdemeanor of the first degree on a first offense.  Each subsequent offense is a felony and shall be prosecuted under appropriate State law.

(3) Whoever violates Section 537.12(a)(4) is guilty of a misdemeanor of the first degree for a first offense.  For each subsequent offense or if a violation of Section 537.12(a)(4) results in economic harm of one thousand dollars ($1,000) or more, a violation of Section 537.12(a)(4) is a felony and shall be prosecuted under appropriate State law.

(d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, 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, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of 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, 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.

(e)  

(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.  In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section.

(2) Section 537.12(e)(1) does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.

(3) Section 537.12(e)(1) does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.

(4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code.  Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section.

(f) Section 537.12(a)(5) to (11) and Section 537.12(b)(2) do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity.

(g) As used in this section:

(1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct.  “Economic harm” 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 for 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.

(2) “Caller” means the person described in Section 537.12(a) 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.

(3) “Telecommunication” and “telecommunications device” have the same meanings as in O.R.C. 2913.01.

(4) “Sexual activity” has the same meaning as in O.R.C. 2907.01.

(5) “Family or household member” means any of the following:

(A) Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in Section 537.12(a)(9) is committed:

(i) A spouse, a person living as a spouse, or a former spouse of the recipient;

(ii) A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;

(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient.

(B) The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in Section 537.12(a)(9) is committed is the other natural parent or is the putative other natural parent.

(6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in Section 537.12(a)(9) is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question.

(7) “Cable operator” has the same meaning as in O.R.C. 1332.21.

(h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended.  

(ORC 2917.21)

Section 537.13 Misuse of 9-1-1 System 

(a) “9-1-1 system” means a system through which individuals can request emergency service using the telephone number 9-1-1.  

(ORC 128.01)

(b) No person shall knowingly use the telephone number of the 9-1-1 system established under O.R.C. 128 to report an emergency if he knows that no emergency exists.

(c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service.

(d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under O.R.C. 128, except for any of the following purposes or under any of the following circumstances:

(1) For the purpose of the 9-1-1 system;

(2) For the purpose of responding to an emergency call to an emergency service provider;

(3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point;

(4) In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages.  The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee.

(5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee.  The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee.

(ORC 128.32)

(e) 

(1) Whoever violates Section 537.13(b) is guilty of a misdemeanor of the fourth degree.

(2) Whoever violates Section 537.13(c) or (d) is guilty of a misdemeanor of the fourth degree on a first offense. For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law.

(ORC 128.99)

Section 537.14 Adulterating of or Furnishing Adulterated Food or Confection 

(a) No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:

(1) Place a pin, needle, 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 Section 537.14(a)(1).  

(ORC 3716.11)

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

(ORC 3716.99(C))

Section 537.15 Domestic Violence 

(a) No person shall knowingly cause or attempt to cause physical harm to a family or household member.

(b) No person shall recklessly cause serious physical harm to a family or household member.

(c) 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.

(d)  

(1) Whoever violates this section is guilty of domestic violence.

(2) Except as otherwise provided in Section 537.15(d)(3) to (5), a violation of Section 537.15(c) is a misdemeanor of the fourth degree, and a violation of Section 537.15(a) or (b) of this section is a misdemeanor of the first degree.

(3) Except as otherwise provided in Section 537.15(d)(4), if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of O.R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of Section 537.15(a) or (b) is a felony and shall be prosecuted under appropriate state law, and a violation of Section 537.15(c) is a misdemeanor of the second degree.

(4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in Section 537.15(d)(3) involving a person who was a family or household member at the time of the violations or offenses, a violation of Section 537.15(a) or (b) is a felony and shall be prosecuted under appropriate state law, and a violation of Section 537.15(c) is a misdemeanor of the first degree.

(5) Except as otherwise provided in Section 537.15(d)(3) or (4), if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of Section 537.15(a) or (b) is a felony and shall be prosecuted under appropriate State law, and a violation of Section 537.15(c) is a misdemeanor of the third degree.

(e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed.

(f) As used in this section:

(1) "Family or household member" means any of the following:

(A) Any of the following who is residing or has resided with the offender:

(i) A spouse, a person living as a spouse or a former spouse of the offender;

(ii) A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender;

(iii) 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.

(B) The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.

(2) "Person living as a spouse" means 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.   

(ORC 2919.25)

(g) The same relief available under the Ohio Revised Code for filing a complaint for violation of O.R.C. 2919.25 shall be available for filing a complaint for violation of this section.

Section 537.16 Temporary Protection Order 

(a) No person shall recklessly violate the terms of any of the following:

(1) A protection order issued or consent agreement approved pursuant to O.R.C. 2919.26 or 3113.31;

(2) A protection order issued pursuant to O.R.C. 2151.34, 2903.213 or 2903.214;

(3) A protection order issued by a court of another state.

(b)  

(1) Whoever violates this section is guilty of violating a protection order.

(2) Except as otherwise provided in Section 537.16(b)(3), violating a protection order is a misdemeanor of the first degree.

(3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:

(A) A violation of a protection order issued or consent agreement approved pursuant to O.R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31;

(B) Two or more violations of O.R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement;

(C) One or more violations of this section.

(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law.

(5) If the protection order violated by the offender was an order issued pursuant to O.R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court.   If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. If the court determines that the offender is indigent and subject to the maximum amount allowable and the rules promulgated by the Attorney General under O.R.C. 2903.214, the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to O.R.C. 2743.191.  The total amount paid from the reparations fund created pursuant to O.R.C. 2743.191 for electronic monitoring under this section and O.R.C. 2151.34 and 2903.214 shall not exceed three hundred thousand dollars per year.

(c) It is an affirmative defense to a charge under Section 537.16(a)(3) 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 and 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) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement.

(e) 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.  “Protection order issued by a court of another state” does not include an order for support or for custody of a child.

(ORC 2919.27)

Section 537.17 Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternate Nicotine Products 

(a) As used in this section:

(1) "Age verification" means a service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older.

(2) "Alternative nicotine product" means, subject to Section 537.17(a)(2)(A), an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.

(A) “Alternative nicotine product” does not include any of the following:

(i) Any cigarette or other tobacco product;

(ii) Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1);

(iii) Any product that is a “device” as that term is defined in 21 U.S.C. 321(h);

(iv) Any product that is a “combination product” as described in 21 U.S.C. 353(g).

(3) “Cigarette” includes clove cigarettes and hand-rolled cigarettes.

(4) "Distribute" means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.

(5) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).

(6) "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 O.R.C. Sections 4507.50 to 4507.52 that shows that a person is eighteen years of age or older.

(7) "Tobacco product" means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus.

(A) "Tobacco product" also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine.

(B) "Tobacco product" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).

(8) "Vapor product" means a product, other than a cigarette or other tobacco product as defined in O.R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. "Vapor product" includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product.

(A) "Vapor product" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).

(B) "Vapor product" includes any product containing nicotine, regardless of concentration.

(9) "Vending machine" has the same meaning as "coin machine" in O.R.C. 2913.01.

(b) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following:

(1) Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any person under twenty-one years of age;

(2) Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law;

(3) Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person;

(4) Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;

(5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;

(6) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification.

(c) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations:

(1) An area within a factory, business, office, or other place not open to the general public;

(2) An area to which persons under twenty-one years of age are not generally permitted access;

(3) Any other place not identified in Section 537.17(c)(1) or (2) upon all of the following conditions:

(A) 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, other tobacco product, and alternative nicotine 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.

(B) The vending machine is inaccessible to the public when the place is closed.

(C) A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high:

(4) "It is illegal for any person under the age of 21 to purchase tobacco or alternative nicotine products."

(d) The following are affirmative defenses to a charge under Section 537.17(b)(1):

(1) The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age.

(2) The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under division (B)(1) of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age.

(e) It is not a violation of Section 537.17(b)(1) or (2) for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply:

(1) The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol.

(2) An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.

(3) The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol.

(f) Penalty.

(1) Whoever violates Section 537.17(b)(1), (2), (4), (5), or (6) or Section 537.17(c) is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of Section 537.17(b)(1), (2), (4), (5), or (6) or Section 537.17(c), illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.

(2) Whoever violates Section 537.17(b)(3) is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of Section 537.17(b)(3), permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.

(g) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of O.R.C Section 2151.87 are subject to seizure and forfeiture as contraband under O.R.C. 2981.

(ORC 2927.02)

Section 537.18 Criminal Child Enticement 

(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle, or onto any vessel, 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 of such persons, 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) No person, with a sexual motivation, shall violate Section 537.18(a).

(c) No person, for any unlawful purpose other than, or in addition to, that proscribed by Section 537.18(a), shall engage in any activity described in Section 537.18(a).

(d) It is an affirmative defense to a charge under Section 537.18(a) 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.

(e) Whoever violates this section is guilty of criminal child enticement, a misdemeanor of the first degree.  If the offender has previously been convicted of a violation of this section or O.R.C. 2905.05, 2907.02, or 2907.03, or former Section 2907.12, or O.R.C. 2905.01 or 2907.05 when the victim of that prior offense was under seventeen years of age at the time of the offense, criminal child enticement is a felony and shall be prosecuted under appropriate State law.

(f) As used in this section:

(1) “Sexual motivation” has the same meaning as in O.R.C. 2971.01.

(2) “Vehicle” has the same meaning as in O.R.C. 4501.01.

(3) “Vessel” has the same meaning as in O.R.C. 1546.01.

(ORC 2905.05)

Section 537.19 Contributing to Unruliness or Delinquency of a Child 

(a) As used in this section:

(1) “Delinquent child” has the same meaning as in O.R.C. 2152.02.

(2) “Unruly child” has the same meaning as in O.R.C. 2151.022.

(b) No person, including a parent, guardian or other custodian of a child, shall do any of the following:

(1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child;

(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child;

(3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant;

(4) If the person is the parent, guardian, or custodian of a child who has the duties under O.R.C. 2152 and 2950 to register, register a new residence address, and periodically verify a residence address and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in O.R.C. 2919.121, fail to ensure that the child complies with those duties under O.R.C. Chapters 2152 and 2950.

(c) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree.  Each day of violation of this section is a separate offense.  

(ORC 2919.24)

Section 537.20 Hazing 

(a) As used in this section, "hazing" means doing any act or coercing another, including the victim, to do any act of initiation unto any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.

(b) No person shall recklessly participate in the hazing of another.

(c) No administrator, employee or faculty member of any primary, secondary or post-secondary school or of any other educational institution, public or private, shall recklessly permit the hazing of any person.

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

(ORC 2903.31)

Section 537.21 Intimidation of Crime Victim or Witness 

(a) No person shall knowingly attempt to intimidate or hinder the victim of a crime in the filing or prosecution of criminal charges or a witness in a criminal case in the discharge of his duty.

(b) Section 537.21(a) does not apply to any person who is attempting to resolve a dispute pertaining to the alleged commission of a criminal offense, either prior to or subsequent to the filing of a complaint, or who is attempting to arbitrate or assist in the conciliation of any such dispute, either prior to or subsequent to the filing of a complaint.

(c) Whoever violates this section is guilty of intimidation of a crime victim or witness.  Violation of this section is a misdemeanor of the first degree.

(ORC 2921.04)

Section 537.22 Patient Abuse and Neglect in Care Facilities 

(a) As used in this section:

(1) "Care facility" means any of the following:

(A) Any "home" as defined in O.R.C. 3721.10 or 5111.20.

(B) Any "residential facility", "family home" or "group home" as defined in O.R.C. 5123.19.

(C) Any institution or facility operated or provided by the Department of Mental Health or by the Department of Mental Retardation and Development Disabilities pursuant to O.R.C. 5119.02 and 5123.03.

(D) Any "residential care facility" as defined in O.R.C. 5119.22.

(E) Any unit of any hospital, as defined in O.R.C. 3701.01, that provides the same services as a nursing home, as defined in O.R.C. 3721.01.

(F) Any institution, residence or facility that provides, for a period of more than twenty-four hours, whether for a consideration or not, accommodations to one individual or two unrelated individuals who are dependent upon the services of others.

(2) "Gross abuse" means knowingly causing serious physical harm to a person by physical contact with the person.

(3) "Abuse" means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint, medication or isolation of the person.

(4) "Gross neglect" means knowingly failing to provide a person with any treatment, care, goods or service that is necessary to maintain the health or safety of the person when the failure results in physical harm or serious physical harm to the person.

(5) "Neglect" means recklessly failing to provide a person with any treatment, care, goods or service that is necessary to maintain the health or safety of the person when the failure results in serious physical harm to the person.

(6) "Inappropriate use of a physical or chemical restraint, medication or isolation" means the use of physical or chemical restraint, medication or isolation as punishment, for staff convenience, excessively, as a substitute for treatment or in quantities which preclude habilitation and treatment.

(ORC 2903.33)

(b) No person who owns, operates or administers, or who is an agent or employee of a care facility shall do any of the following:

(1) Commit gross neglect against a resident or patient of the facility.

(2) Commit neglect against a resident or patient of the facility.

(c) 

(1) A person who relies upon treatment by spiritual means through prayer alone, in accordance with the tenets of a recognized religious denomination, shall not be considered neglected under Section 537.22(b)(2) for that reason alone.

(2) It is an affirmative defense to a charge of gross neglect or neglect under this section that the actor's conduct was committed in good faith solely because the actor was ordered to commit the conduct by a person with supervisory authority over the actor.

(ORC 2903.34)

(d) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, alleging a violation of this section, when the statement is made with purpose to incriminate another.

(ORC 2903.35)

(e) Whoever violates this section shall be punished as follows:

(1) Whoever violates Section 537.22(b)(1) is guilty of gross patient neglect, a misdemeanor of the first degree, as long as the offender previously has not been convicted of, or pleaded guilty to, any violation of this section.

(2) Whoever violates Section 537.22(b)(2) is guilty of patient neglect, a misdemeanor of the second degree, as long as the offender previously has not been convicted of any violation of this section.

(3) Whoever violates Section 537.22(d) is guilty of filing a false patient abuse or neglect complaint, a misdemeanor of the first degree.

(ORC 2903.34, 2903.35)

Chapter 541 Property Offenses

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Section 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 Section 541.01(a)(1), 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 Section 541.01(a)(1), 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.

(b) As used in this section, "fair market value" has the same meaning as in Section 545.02(c)(3).

(c) Prima-facie evidence of the value of property, as provided in Section 545.02(d) may be used to establish the value of property pursuant to this section.  

(ORC 2909.11)

Section 541.02 Arson 

(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)  

(1) No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any structure of another that is not an occupied structure;

(2) It is an affirmative defense to a charge under Section 541.02(b)(1) that the defendant acted with the consent of the other person.

(c) Whoever violates this section is guilty of arson, a misdemeanor of the first degree.  If the value of the property or the amount of physical harm involved is one thousand dollars ($1,000) or more, arson is a felony and shall be prosecuted under appropriate State law.

(ORC 2909.03)

Section 541.03 Criminal Damaging or Endangering 

(a) No person shall cause, or create a substantial risk of physical harm to any property of another without his consent:

(1) Knowingly, by any means;

(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 if the property involved is not 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 does not create a risk of physical harm to any person, and if the property involved is not an occupied aircraft.  A violation of this section is 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.

(ORC 2909.06)

Section 541.04 Criminal Mischief

(a) No person shall:

(1) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with either of the following:

(A) The property of another;

(B) One’s own residential real property with the purpose to decrease the value of or enjoyment of the residential real property, if both of the following apply:

(i) The residential real property is subject to a mortgage.

(ii) The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that real property.  As used in this subsection, “pending” includes the time between judgment entry and confirmation of sale.

(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.

(6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, all as defined in O.R.C. 2909.01, knowingly do any of the following:

(A) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;

(B) Introduce a computer contaminant into a computer, computer system, computer network, computer software or computer program.

(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, and shall be punished as provided below.

(1) Except as otherwise provided in this subsection, criminal mischief committed in violation of Section 541.04(a)(1), (2), (3), (4) or (5) is a misdemeanor of the third degree.  Except as otherwise provided in this subsection, if the violation of Section 541.04(a)(1), (2), (3), (4) or (5) creates a risk of physical harm to any person, criminal mischief committed in violation of Section 541.04(a)(1), (2), (3), (4) or (5) is a misdemeanor of the first degree. If the property involved in the violation of Section 541.04(a)(1), (2), (3), (4) or (5) 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, criminal mischief committed in violation of Section 541.04(a)(1), (2), (3), (4) or (5) is a felony and shall be prosecuted under appropriate State law.

(2) Except as otherwise provided in this subsection, criminal mischief committed in violation of Section 541.04(a)(6) is a misdemeanor of the first degree.  If the value of the computer, computer system, computer network, computer software, computer program or data involved in the violation of Section 541.04(a)(6) or the loss to the victim resulting from the violation is one thousand dollars or more, or if the computer, computer system, computer network, computer software, computer program or data involved in the violation of Section 541.04(a)(6) is used or intended to be used in the operation of an aircraft and the violation creates a risk of physical harm to any person, criminal mischief committed in violation of Section 541.04(a)(6) is a felony and shall be prosecuted under appropriate State law.

(ORC 2909.07)

Section 541.05 Criminal Trespass

(a) No person, without privilege to do so, shall do any of the following:

(1) Knowingly enter or remain on the land or premises of another;

(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 the offender 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 by signage posted in a conspicuous place or otherwise 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 such authorization was secured by deception.

(d)  

(1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

(2) Notwithstanding Section 501.99, if the person, in committing the violation of this section, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court shall impose a fine of two times the usual amount imposed for the violation.

(3) If an offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, or state law, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all-purpose vehicle for not less than sixty days.  In such a case, O.R.C. 4519.47 applies.

(e) As used in this section:

(1) “All-purpose vehicle,” “off-highway motorcycle” and “snowmobile” have the same meaning as in O.R.C. 4519.01.

(2) “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.

(ORC 2911.21)

Section 541.06 Aggravated Trespass

(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.

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

(ORC 2911.211)

Section 541.07 Destruction of Shrubs, Trees, or Crops

(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 any penalty provided, whoever violates this section is liable in treble damages for the injury caused.  

(ORC 901.51)

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

(ORC 901.99(A))

Section 541.08 Desecration

(a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:

(1) The flag of the United States or of this State;

(2) Any public monument;

(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 work of art or museum piece;

(5) Any other object of reverence or sacred devotion.

(b) Whoever violates this section is guilty of desecration, a misdemeanor of the second degree.

(c) 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.  

(ORC 2927.11)

Section 541.09 Ethnic Intimidation

(a) No person shall violate O.R.C. 2903.21, 2903.22, 2909.06, 2909.07 or 2917.21(A)(3) to (5) or Sections 537.05, 537.06, 537.10(a)(3) to (5), 541.03 or 541.04 of the General Offenses Code 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.

(ORC 2927.12)

Section 541.10 Abuse of a Corpse

(a) No person, except as authorized by law, shall treat a human corpse in a way that he knows would outrage reasonable family sensibilities.

(b) Whoever violates this section is guilty of abuse of a corpse, a misdemeanor of the second degree.

Section 541.11 Endangering Aircraft or Airport Operations 

(a) As used in this section:

(1) "Air gun" means a hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide or other gas.

(2) "Firearm" has the same meaning as in Section 549.01.

(3) "Spring-operated gun" means a hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.

(4) "Airport operational surface" means any surface of land or water that is developed, posted or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.

(b) No person shall do either of the following:

(1) Knowingly throw an object at, or drop an object upon, any moving aircraft.

(2) Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun or spring-operated gun, at or toward any aircraft.

(c) No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun or spring-operated gun, upon or over any airport operational surface.  This subsection does not apply to the following:

(1) An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of his duties.

(2) A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.

(d) Whoever violates Section 541.11(b) is guilty of endangering aircraft, a misdemeanor of the first degree, as long as the violation does not create a risk of physical harm to any person or the aircraft that is the subject of the violation is not occupied.

(e) Whoever violates Section 541.11(c) is guilty of endangering airport operations, a misdemeanor of the second degree, as long as the violation does not create a risk of physical harm to any person.  Whoever violates Section 541.11(c) while hunting shall additionally have his hunting license or permit suspended or revoked pursuant to O.R.C. 1533.68. 

(ORC 2909.08)

Section 541.12 Vehicular Vandalism

(a) As used in this section:

(1) “Highway” means any highway as defined in O.R.C. 4511.01 or any lane, road, street, alley, bridge, or overpass.

(2) “Alley”, “street”, and “vehicle” have the same meanings as in O.R.C. 4511.01.

(3) “Vessel” and “waters in this State” have the same meanings as in O.R.C. 1546.01.

(b) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of any of the following:

(1) Any vehicle on a highway;

(2) Any boat or vessel on any of the waters in this State that are located in the Municipality.

(c) Whoever violates this section is guilty of vehicular vandalism.  Except as otherwise provided in this subsection, vehicular vandalism is a misdemeanor of the first degree.  If the violation of this section creates a substantial risk of physical harm to any person, serious physical harm to property, physical harm to any person or serious physical harm to any person, vehicular vandalism is a felony and shall be prosecuted under appropriate State law.

(ORC 2909.09)

Section 541.13 Trespass on a Place of Public Amusement

(a) As used in this section, “place of public amusement” means a stadium, theater or other facility, whether licensed or not, at which a live performance, sporting event, or other activity takes place for entertainment of the public and to which access is made available to the public, regardless of whether admission is charged.

(b) No person, without privilege to do so, shall knowingly enter or remain on any restricted portion of a place of public amusement and, as a result of that conduct, interrupt or cause the delay of the live performance, sporting event, or other activity taking place at the place of public amusement after a printed written notice has been given as provided in Section 541.13(d)(1) that the general public is restricted from access to that restricted portion of the place of public amusement.  A restricted portion of a place of public amusement may include, but is not limited to, a playing field, an athletic surface, or a stage located at the place of public amusement.

(c) An owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement may use reasonable force to restrain and remove a person from a restricted portion of the place of public amusement if the person enters or remains on the restricted portion of the place of public amusement and, as a result of that conduct, interrupts or causes the delay of the live performance, sporting event, or other activity taking place at the place of public amusement.  This subsection does not provide immunity from criminal liability for any use of force beyond reasonable force by an owner or lessee of a place of public amusement, an agent of either the owner or lessee, or a performer or participant at a place of public amusement.

(d)  

(1) Notice has been given that the general public is restricted from access to a portion of a place of public amusement if a printed written notice of the restricted access has been conspicuously posted or exhibited at the entrance to that portion of the place of public amusement.  If a printed written notice is posted or exhibited as described in this subsection, regarding a portion of a place of public amusement, in addition to that posting or exhibition, notice that the general public is restricted from access to that portion of the place of public amusement also may be given, but is not required to be given, by either of the following means:

(A) By notifying the person personally, either orally or in writing, that access to that portion of the place of public amusement is restricted;

(B) By broadcasting over the public address system of the place of public amusement an oral warning that access to that portion of the public place of amusement is restricted.

(2) If notice that the general public is restricted from access to a portion of a place of public amusement is provided by the posting or exhibition of a printed written notice as described in Section 541.13(d)(1), the Municipality, in a criminal prosecution for a violation of Section 541.13(b), is not required to prove that the defendant received actual notice that the general public is restricted from access to a portion of a place of public amusement.

(e)

(1) Whoever violates Section 541.13(b) is guilty of criminal trespass on a place of public amusement, a misdemeanor of the first degree.

(2) In addition to any jail term, fine or other sentence, penalty, or sanction it imposes upon the offender pursuant to Section 541.13(e)(1), a court may require an offender who violates this section to perform not less than thirty and not more than one hundred twenty hours of supervised community service work.

(ORC 2911.23)

Chapter 545 Theft and Fraud

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Section 545.01 Definitions

(a) All words and phrases defined in Ohio Revised Code Section 2913.01 have the same meaning as provided therein when used in this Chapter except as otherwise provided.

Section 545.02 Determining Property Value in Theft Offense

(a) If more than one item of property or service is involved in a theft offense, the value of the property or services involved for the purpose of determining the value is the aggregate value of all property or services involved in the offense.

(b)

(1) When a series of offenses under Section 545.05, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Section 545.05, 545.06, or 545.08, Section 545.10(b)(1) or (2), or Section 545.15 or 545.20 involving a victim who is an elderly person or disabled adult, 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.  When a series of offenses under Section 545.05, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Section 545.05 or 545.15 involving a victim who is an active duty service member or spouse of an active duty service member 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 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 Section 545.05 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 Section 545.05, 545.06 or 545.08, Section 545.10(b)(1) or (2), or Section 545.15 or 545.20, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense.  If the 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 Section 545.05 or 545.15, whether committed against one victim or more than one victim, involving a victim who is an active duty service member or spouse of an active duty service member 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 is the aggregate value of all property and services involved in all of the offenses in the course of conduct.

(3) In prosecuting a single offense under Section 545.02(b)(1) or (2), 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 in the offender’s same employment, capacity, or relationship to another as described in Section 545.02(b)(1) or that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in Section 545.02(b)(2).  While it is not necessary to separately allege and prove each offense in the series in order to prosecute a single offense under Section 545.02(b)(1) or (2), it remains necessary in prosecuting them as a single offense to prove the aggregate value of the property or services in order to meet the requisite statutory offense level sought by the prosecution.

(c) The following criteria shall be used in determining the value of property or services involved in a theft offense:

(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 is either irreplaceable or is replaceable only on the expenditure of substantial time, effort or money, is the amount that 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 Section 545.02(c)(1), and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing the property with new property of like kind and quality.

(3) The value of any real or personal property that is not covered under Section 545.02(c)(1) or (2), 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 that 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 that 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 market 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 that may be received by the instrument, is prima-facie evidence of the value of the instrument.

(e) 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.

(f) 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.  

(ORC 2913.61)

Section 545.03 Property Exceptions as Felony Offense

Regardless of the value of the property involved, and regardless of whether the offender has previously been convicted of a theft offense, the provisions of Section 545.05 or 545.18 do not apply if the property involved is any of the following:

(a) A credit card;

(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 firearm or dangerous ordnance as defined in O.R.C. 2923.11;

(d) A motor vehicle identification license plate as prescribed by O.R.C. 4503.22, a temporary license placard or windshield sticker as prescribed by O.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;

(e) A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle, as prescribed by O.R.C. 4505.07;

(f) A blank form for any license listed in O.R.C. 4507.01(A).

(ORC 2913.71)

Section 545.04 Detention of Shoplifters; Rights of Museums and Libraries 

(a) A merchant, or his employee or agent, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in Section 545.04(c), detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

(b) Any officer, employee or agent of a library, museum or archival institution may, for the purposes set forth in Section 545.04(c) or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in Section 545.04(b)(1) and (2), 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 either:

(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.

(c) An officer, agent or employee of a library, museum or archival institution pursuant to Section 545.04(b) or a merchant or his employee or agent pursuant to Section 545.04(a) 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;

(2) To cause an arrest to be made by a peace officer;

(3) To obtain a warrant of arrest.

(4) To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this General Offenses or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution or merchant.

(d) The officer, agent or employee of the library, museum or archival institution, or the merchant or his employee or agent acting under Section 545.04(a) or (b) 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.

(e) Any peace officer may arrest without a warrant any person that he has probable cause to believe has committed any act described in Section 545.04(a) or (b) or that he has probable cause to believe has committed an unlawful taking in a mercantile establishment.  An arrest under this subsection shall be made within a reasonable time after the commission of the act or unlawful taking.

(f) As used in this section:

(1) "Archival institution" means 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" means 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.

(3) “Pretrial diversion program” means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this State.  

(ORC 2935.041)

Section 545.05 Petty Theft

(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:

(1) Without the consent of the owner or person authorized to give consent;

(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

(3) By deception;

(4) By threat;

(5) By intimidation.

(b) Whoever violates this section is guilty of petty theft, a misdemeanor of the first degree.   Petty theft is a felony and shall be prosecuted under appropriate State law if:

(1) The value of the property or services stolen is one thousand dollars ($1,000) or more; or

(2) The victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, or

(3) The property stolen is a firearm or dangerous ordnance, or

(4) The property stolen is a motor vehicle, or

(5) The property stolen is any dangerous drug, or

(6) The property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, or

(7) The property stolen is anhydrous ammonia, or

(8) The property stolen is a special purpose article as defined in O.R.C. 4737.04 or a bulk merchandise container as defined in O.R.C. 4737.012.

(c) In addition to the penalties described in Section 545.05(b), if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:

(1) Unless Section 545.05(c)(2) applies, suspend for not more than six months the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege;

(2) If the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to Section 545.05(c)(1), impose a class seven suspension of the offender’s license, permit, or privilege from the range specified in O.R.C. 4510.02(A)(7), provided that the suspension shall be for at least six months.

(3) The court, in lieu of suspending the offender’s driver’s or commercial driver’s license, probationary driver’s license, temporary instruction permit, or nonresident operating privilege pursuant to Section 545.05(c)(1) or (2), instead may require the offender to perform community service for a number of hours determined by the court.

(d) In addition to the penalties described in Section 545.05(b), if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to O.R.C. 2929.18 or 2929.28.  Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented.  Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of O.R.C. 2913.72.

(e) The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under Section 545.05(c) may grant the offender limited driving privileges during the period of the suspension in accordance with O.R.C. Chapter 4510.

(ORC 2913.02)

Section 545.06 Unauthorized Use of a Vehicle; Vehicle Trespass

(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) This section does not apply to property removed from the State or if possession is kept for more than forty-eight hours.

(c) The following are affirmative defenses to a charge under this section:

(1) At the time of the alleged offense, the actor, though mistaken, reasonably believed that the actor 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.

(d) No person shall knowingly enter into or upon a motor vehicle, motorcycle or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

(e) Whoever violates Section 545.06(a) is guilty of unauthorized use of a vehicle, 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 Section 545.06(a) is a felony and shall be prosecuted under appropriate State law.  

(ORC 2913.03)

(f) Whoever violates Section 545.06(d) is guilty of vehicle trespass, a misdemeanor of the fourth degree.

Section 545.07 Insurance Fraud

(a) As used in this section:

(1) "Data" has the same meaning as in O.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 Title XXXIX of the Ohio Revised Code; The Ohio Fair Plan Underwriting Association created under O.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 a misdemeanor of the first degree.  If the amount of the claim that is false or deceptive is one thousand dollars ($1,000) or more, insurance fraud is a felony and shall be prosecuted under appropriate State law.

(d) This section shall not be construed to abrogate, waive or modify O.R.C. 2317.02(A).  

(ORC 2913.47)

Section 545.08 Unauthorized Use of Property

(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) The affirmative defenses contained in Section 545.06(c) are affirmative defenses to a charge under this section.

(c) Whoever violates this section is guilty of unauthorized use of property.  Except as provided in Section 545.08(d), unauthorized use of property is a misdemeanor of the fourth degree.

(d) 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 a misdemeanor of the first degree.  Unauthorized use of property is a felony and shall be prosecuted under appropriate State law if:

(1) Unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, and if the value of the property is one thousand dollars ($1,000) or more; or

(2) If the victim of the offense is an elderly person or disabled adult.

(ORC 2913.04)

Section 545.09 Passing Bad Checks

(a) As used in this section:

(1) “Check” includes any form of debit from a demand deposit account, including, but not limited to any of the following:

(A) A check, bill of exchange, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument;

(B) An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.

(2) “Issue a check” means causing any form of debit from a demand deposit account.

(b) 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 or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.

(c) 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 had 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 thirty days after issue or the stated date, whichever is later, and the liability of the drawer, endorser or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.

(d) 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 O.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 the drawer has not been issued a valid driver's or commercial driver's license or identification card issued under O.R.C. 4507.50;

(2) Furnishing such 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.

(e) In determining the value of the payment for purposes of Section 545.09(f), the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of Section 545.09(a) within a period of one hundred eighty consecutive days.

(f) Whoever violates this section is guilty of passing bad checks.  Except as otherwise provided in this subsection, passing bad checks is a misdemeanor of the first degree.  If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of one thousand dollars ($1,000) or more or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand five hundred dollars ($1,500) or more, passing bad checks is a felony and shall be prosecuted under appropriate State law.

(ORC 2913.11)

Section 545.10 Misuse of Credit Cards

(a) No person shall do any of the following:

(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.

(3) As an officer, employee, or appointee of a political subdivision or as a public servant as defined under O.R.C. 2921.01, knowingly misuse a credit card account held by a political subdivision.

(b) No person, with purpose to defraud, shall do any of the following:

(1) Obtain control over a credit card as security for a debt;

(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.

(c) No person, with purpose to violate this section, shall receive, possess, control or dispose of a credit card.

(d) Whoever violates this section is guilty of misuse of credit cards, a misdemeanor of the first degree.  Misuse of credit cards is a felony and shall be prosecuted under appropriate State law if:

(1) The cumulative retail value of the property and services involved in one or more violations of Section 545.10(b)(2), (3) or (4), which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is one thousand dollars ($1,000) or more; or

(2) The victim of the offense is an elderly person or disabled adult and the offense involves a violation of Section 545.10(b)(1) or (2).

(ORC 2913.21)

Section 545.11 Making or Using Slugs

(a) No person shall do any of the following:

(1) Insert or deposit a slug in a coin machine, with purpose to defraud;

(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.  

(ORC 2913.33)

Section 545.12 Tampering with Coin Machines

(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 has previously been convicted of a violation of O.R.C. 2911.32 or of any theft offense, tampering with coin machines is a felony and shall be prosecuted under appropriate State law.  

(ORC 2911.32)

Section 545.13 Criminal Simulation

(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 O.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 O.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 O.R.C. Chapters 4301 and 4303.

(4) Utter, or possess with purpose to utter, any object that the person knows to have been simulated as provided in Section 545.13(a)(1), (2) or (3).

(b) Whoever violates this section is guilty of criminal simulation, a misdemeanor of the first degree.  If the loss to the victim is one thousand dollars ($1,000) or more, criminal simulation is a felony and shall be prosecuted under appropriate State law.

(ORC 2913.32)

Section 545.14 Tampering with Records

(a) No person, knowing the person has no privilege to do so, and with purpose to defraud or knowing that the person 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 Section 545.14(a)(1).

(b) Whoever violates this section is guilty of tampering with records, a misdemeanor of the first degree.  If the violation involves data or computer software the value of which or loss to the victim is one thousand dollars ($1,000) or more, or if the writing or record is a will unrevoked at the time of the offense, tampering with records is a felony and shall be prosecuted under appropriate State law.  

(ORC 2913.42)                                                         

Section 545.15 Securing Writings by Deception

(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, a misdemeanor of the first degree.   Securing writings by deception is a felony and shall be prosecuted under appropriate State law if:

(1) The value of the property or obligation involved is one thousand dollars ($1,000) or more; or

(2) The victim of the offense is an elderly person, disabled adult, active duty service member or spouse of an active duty service member.

(ORC 2913.43)

Section 545.16 Personating and Officer

(a) No person, with purpose to defraud or knowing that he 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.  

(ORC 2913.44)

Section 545.17 Defrauding Creditors

(a) No person, with purpose to defraud one or more of the person’s creditors, shall do any of the following:

(1) Remove, conceal, destroy, encumber, convey or otherwise deal with any of the person’s property.

(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person’s affairs or estate, the existence, amount or location of any of the person’s property, or any other information regarding such property that the person is legally required to furnish to the fiduciary.

(b) Whoever violates this section is guilty of defrauding creditors, a misdemeanor of the first degree. If the value of the property involved is one thousand dollars ($1,000) or more, defrauding creditors is a felony and shall be prosecuted under appropriate State law.

(ORC 2913.45)

Section 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, a misdemeanor of the first degree.  Receiving stolen property is a felony and shall be prosecuted under appropriate State law if:

(1) The value of the property involved is one thousand dollars ($1,000) or more; or

(2) The property involved is:

(A) Listed in Section 545.03; or

(B) A motor vehicle as defined in O.R.C. 4501.01; or

(C) A dangerous drug as defined in O.R.C. 4729.01.

(D) A special purchase article as defined in O.R.C. 4737.04 or a bulk merchandise container as defined in O.R.C. 4737.012.

(ORC 2913.51)

Section 545.19 Possession of Criminals Tools 

(a) No person shall possess or have under the person’s control any substance, device, instrument, or article, with purpose to use it criminally.

(b) Each of the following constitutes prima-facie evidence of criminal purpose:

(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for 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, 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 and shall be prosecuted under appropriate State law.

(ORC 2923.24)

Section 545.20 Forgery of Identification

(a) No person shall knowingly do either of the following:

(1) Forge an identification card;

(2) Sell or otherwise distribute a card that purports to be an identification card, knowing it to have been forged.

(3) As used in this section, "identification card" means a card that includes personal information or characteristics of an individual, a purpose of which is to establish the identity of the bearer described on the card, whether the words "identity," "identification," "identification card" or other similar words appear on the card.

(b) Whoever violates Section 545.20(a) is guilty of forging identification cards or selling or distributing forged identification cards.  Except as otherwise provided in this subsection, forging or selling or distributing forged identification cards is a misdemeanor of the first degree.  If the offender previously has been convicted of a violation of this section or O.R.C. 2913.31(B), forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree and, in addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00).

(ORC 2913.31)

Section 545.21 Improper Solicitation of Contributions for Missing Children

(a) No organization shall solicit contributions for the purpose of distributing materials containing information relating to missing children unless it complies with all of the following requirements:

(1) It has been incorporated under O.R.C. 1702 or the nonprofit corporation law of another state for a period of two years prior to the time of the solicitation of contributions.

(2) It has been exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code of 1954, 68A Stat. 3, 26 U.S.C. 1, as now or hereafter amended, for a period of two years prior to the time of the solicitation of contributions.

(3) It does not use professional fund raisers or professional solicitors, as these terms are defined in O.R.C. 1716.01, to solicit such contributions.

(b) No organization that solicits contributions for the purpose of distributing materials containing information relating to missing children shall expressly state or imply in any way that it is affiliated with, or is soliciting contributions on behalf of, an organization established to assist in the location of missing children without the express written consent of that organization.

(c) Whoever violates Section 545.21(a) or (b) is guilty of improper solicitation of contributions for missing children, a misdemeanor of the third degree.

(ORC 2901.32)

Section 545.22 Trafficking in or Illegal Use of Food Stamps

(a) No organization, as defined in O.R.C. 2901.01 shall:

(1) Knowingly allow an employee to sell, transfer or trade items or services, the purchase of which is prohibited by the "Food Stamp Act of 1977", 91 Stat. 958, 7 U.S.C. 2011, as amended, in exchange for food stamp coupons.

(2) Negligently allow an employee to sell, transfer or exchange food stamp coupons for anything of value.

(b) Whoever violates this section is guilty of illegal use of food stamps.  If the face value of the food stamp coupons involved in the violation is less than two hundred dollars ($200.00), or as long as the offender has not previously been convicted of a violation of the "Food Stamp Act", illegal use of food stamps is a misdemeanor of the first degree.

(ORC 2913.46)

Chapter 549 Weapons and Explosives

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Section 549.01 Definitions

All words and phrases defined in Ohio Revised Code Section 2923.01 have the same meaning as provided therein when used in this Chapter except as otherwise provided.

Section 549.02 Carrying Concealed Weapons 

(a) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:

(1) A deadly weapon other than a handgun;

(2) A handgun other than a dangerous ordnance;

(3) A dangerous ordnance.

(b) No person who has been issued a concealed handgun license, shall do any of the following:

(1) If the person is stopped for a law enforcement purpose, and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a concealed handgun license and that the person then is carrying a concealed handgun;

(2) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

(3) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.

(c)  

(1) This section does not apply to any of the following:

(A) An officer, agent or employee or this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance, or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s or employee’s duties;

(B) Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of O.R.C. 109.801 unless the appointing authority of the person has expressly specified that the exemption provided in Section 549.02(c)(1)(B) does not apply to the person.

(C) A person’s transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of O.R.C. 2923.11 in a motor vehicle for any lawful purpose if the firearm is not on the actor’s person;

(D) A person’s storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of O.R.C. 2923.11 in the actor’s own home for any lawful purpose.

(2) Section 549.02(a)(2) does not apply to any person who, at the time of the alleged carrying or possession of a handgun, either is carrying a valid concealed handgun license or is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of O.R.C. 2923.125, unless the person knowingly is in a place described in division (B) of O.R.C. 2923.126.

(d) It is an affirmative defense to a charge under Section 549.02(a)(1) of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:

(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 the actor’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as 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 the actor, a member of the actor’s family, or the actor’s 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 the actor’s own home.

(e) No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.

(f)  

(1) Whoever violates this section is guilty of carrying concealed weapons.  Except as otherwise provided in this subsection or Section 549.02(f)(2), (5) and (6), carrying concealed weapons in violation of Section 549.02(a) is a misdemeanor of the first degree.  Except as otherwise provided in this subsection or Section 549.02(f)(2), (5) and (6), if the offender previously has been convicted of a violation of this section 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 dangerous ordnance, carrying concealed weapons in violation of Section 549.02(a) is a felony and shall be prosecuted under appropriate State law.  Except as otherwise provided in Section 549.02(f)(2), (5) and (6), 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 Chapter 4303, of the Revised Code 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 in  violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law.

(2) Except as provided in Section 549.02(f)(5), if a person being arrested for a violation of Section 549.02(a)(2) promptly produces a valid concealed handgun license, and if at the time of the violation the person was not knowingly in a place described in O.R.C. 2923.126(B), the officer shall not arrest the person for a violation of that subsection.  If the person is not able to promptly produce any concealed handgun license and if the person is not in a place described in that section, the officer may arrest the person for a violation of that subsection, and the offender shall be punished as follows:

(A) The offender shall be guilty of a minor misdemeanor if both of the following apply:

(i) Within ten days after the arrest, the offender presents a concealed handgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.

(ii) At the time of the arrest, the offender was not knowingly in a place described in O.R.C. 2923.126(B).

(B) The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars ($500.00) if all of the following apply:

(i) The offender previously had been issued a concealed handgun license and that license expired within the two years immediately preceding the arrest.

(ii) Within forty-five days after the arrest, the offender presents any type of concealed handgun license to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender’s right to a speedy trial on the charge of the violation that is provided in O.R.C. 2945.71.

(iii) At the time of the commission of the offense, the offender was not knowingly in a place described in O.R.C. 2923.126(B).

(C) If Section 549.02(f)(2)(A) and  (B) and Section 549.02(f)(5) do not apply, the offender shall be punished under Section 549.02(f)(1) or (6) of this section.

(3) Except as otherwise provided in this subsection, carrying concealed weapons in violation of Section 549.02(b)(1) is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of Section 549.02(b)(1), the offender’s concealed handgun license shall be suspended pursuant to O.R.C. 2923.128(A)(2).

If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a concealed handgun license, carrying concealed weapons in violation of Section 549.02(b)(1) is a minor misdemeanor, and the offender’s concealed handgun license shall not be suspended pursuant to O.R.C. 2923.128(A)(2).

(4) Except as otherwise provided herein, carrying concealed weapons in violation of Section 549.02(b)(2) or (3) is a misdemeanor of the first degree.   If the offender has previously been convicted or pleaded guilty to a violation of O.R.C. 2923.12(B)(2) or (4) or a substantially equivalent municipal ordinance, carrying concealed weapons is a felony and shall be prosecuted under appropriate state law.   In addition to any other penalty or sanction imposed for a violation of Section 549.02(b)(2) or (3), the offender’s concealed handgun license shall be suspended pursuant to O.R.C. 2923.128(A)(2).

(5) If a person being arrested for a violation of Section 549.02(a)(2) is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in O.R.C. 2923.125(G)(1), and if at the time of the violation the person was not knowingly in a place described in O.R.C. 2923.126(B), the officer shall not arrest the person for a violation of that division.  If the person is not able to promptly produce a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of O.R.C. 2923.125 and if the person is not in a place described in division (B) of O.R.C. 2923.126, the officer shall issue a citation and the offender shall be assessed a civil penalty of not more than five hundred dollars ($500.00).   The citation shall be automatically dismissed and the civil penalty shall not be assessed if both of the following apply:

(A) Within ten days after the issuance of the citation, the offender presents a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of O.R.C. 2923.125, which were both valid at the time of the issuance of the citation to the law enforcement agency that employs the citing officer.

(B) At the time of the citation, the offender was not knowingly in a place described in division (B) of O.R.C. 2923.126.

(6) If a person being arrested for a violation of Section 549.02(a)(2) is knowingly in a place described in division (B)(5) of O.R.C. 2923.126, and is not authorized to carry a handgun or have a handgun concealed on the person’s person or concealed ready at hand under that division, the penalty shall be as follows:

(A) Except as otherwise provided in this subsection, if the person produces a valid concealed handgun license within ten days after the arrest and has not previously been convicted or pleaded guilty to a violation of Section 549.02(a)(2), the person is guilty of a minor misdemeanor;

(B) Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to a violation of Section 549.02(a)(2), the person is guilty of a misdemeanor of the fourth degree;

(C) Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to two violations of Section 549.02(a)(2), the person is guilty of a misdemeanor of the third degree;

(D) Except as otherwise provided in this subsection, if the person has previously been convicted of or pleaded guilty to three or more violations of Section 549.02(a)(2), or convicted of or pleaded guilty to 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, the person is guilty of a misdemeanor of the second degree.

(g) If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.  If a court orders a law enforcement officer to return a firearm to a person pursuant to the   requirement set forth in this subsection, division (B) of O.R.C. 2923.163 applies.  

(ORC 2923.12)

Section 549.03 Using Weapons While Intoxicated

(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.  

(ORC 2923.15)

Section 549.04 Improperly Handling Firearms in a Motor Vehicle

(a) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:

(1) In a closed package, box or case;

(2) In a compartment which can be reached only by leaving the vehicle;

(3) In plain sight and secured in a rack or holder made for the purpose;

(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either 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.

(b) No person who has been issued a concealed handgun license, or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of O.R.C. 2923.125, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in O.R.C. 5503.34, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:

(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a concealed handgun license or is authorized to carry a concealed handgun as an active duty member of the armed forces of the United States and that the person then possesses or has a loaded handgun in the motor vehicle;

(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a concealed handgun license or is authorized to carry a concealed handgun as an active duty member of the armed forces of the United States and that the person then possesses or has a loaded handgun in the commercial motor vehicle.

(3) Knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer.

(4) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.

(c)  

(1) This section does not apply to any of the following:

(A) An officer, agent or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of the officer’s, agent’s or employee’s duties;

(B) Any person who is employed in this State, who is authorized to carry or have loaded or accessible firearms in motor vehicles, and who is subject to and in compliance with the requirements of O.R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in Section 549.04(c)(1)(B) does not apply to the person.

(2) Subsection (a) of this section does not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply:

(A) The person transporting or possessing the handgun is either carrying a valid concealed handgun license or is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of O.R.C. 2923.125.

(B) The person transporting or possessing the handgun is not knowingly in a place described in division (B) of O.R.C. 2923.126.

(3) Section 549.04(a) does not apply to a person if all of the following apply:

(A) The person possesses a valid all-purpose vehicle permit issued under O.R.C. 1533.103 by the Chief of the Division of Wildlife.

(B) The person is on or in an all-purpose vehicle as defined in O.R.C. 1531.01 on private or publicly owned lands or on or in a motor vehicle during the open hunting season for a wild quadruped or game bird.

(C) The person is on or in an all-purpose vehicle as defined in O.R.C. 1531.01 or a motor vehicle that is parked on a road that is owned or administered by the Division of Wildlife.

(d)  

(1) The affirmative defenses authorized in Section 549.02(d)(1) and (2) are affirmative defenses to a charge under Section 549.04(a) that involves a firearm other than a handgun.

(2) It is an affirmative defense to a charge under Section 549.04(a) of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor’s own property, provided that the affirmative defense is not available unless the person, immediately prior to arriving at the actor’s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by Section 549.04(a) while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.

(e) 

(1) No person who is charged with a violation of Section 549.04(a) shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge.

(2) If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of Section 549.04(b) as it existed prior to  September 30, 2011, and if the conduct that was the basis of the violation no longer would be a violation of Section 549.04(b) on or after September 30, 2011, the person may file an application under O.R.C. 2953.37 requesting the expungement of the record of conviction.

If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of Section 549.04(a) as the subsection existed prior to September 30, 2011, and if the conduct that was the basis of the violation no longer would be a violation of Section 549.04(a) on or after September 30, 2011, due to the application of Section 549.04(b)(4) as it exists on and after September 30, 2011, the person may file an application under O.R.C. 2953.37 requesting the expungement of the record of conviction.

(f) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle.  Violation of Section 549.04(a) is a misdemeanor of the fourth degree.   Except as otherwise provided in this subsection, a violation of Section 549.04(b)(1) or (2) is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for the violation, the offender’s concealed handgun license shall be suspended pursuant to O.R.C. 2923.128(A)(2).  If at the time of the stop of the offender for a traffic stop, for another law enforcement purpose, or for a purpose defined in O.R.C. 5503.34 that was the basis of the violation any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the offender’s status as a licensee, a violation of Section 549.04(b)(1) or (2) is a minor misdemeanor, and the offender’s concealed handgun license shall not be suspended pursuant to division (A)(2) of O.R.C. 2923.128.  A violation of Section 549.04(b)(3) or (4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of Section 549.04(b)(3) or (4) of this section, a felony and shall be prosecuted under appropriate State law.  In addition to any other penalty or sanction imposed for a misdemeanor violation of Section 549.04(b)(3) or (4) of this section, the offender’s concealed handgun license shall be suspended pursuant to O.R.C. 2923.128(A)(2).

 (g) If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.  If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of O.R.C. 2923.163 applies.

(h) As used in this section:

(1) “Motor vehicle”, “street” and “highway” have the same meanings as in O.R.C. 4511.01.

(2)  

(A) “Unloaded” means:

(i) With respect to a firearm other than a firearm described in Section 549.04(h)(2)(B), that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question and one of the following applies:

a. There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

b. Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.

(ii) For the purposes of Section 549.04(h)(2)(A)(i)b, a “container that provides complete and separate enclosure” includes, but is not limited to, any of the following:

a. A package, box or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

b. A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.      

(iii) For the purposes of Section 549.04(h)(2)(A), ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.

(B) “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.

(3) “Commercial motor vehicle” has the same meaning as in O.R.C. 4506.25(A).

(4) “Motor carrier enforcement unit” means the motor carrier enforcement unit in the Department of Public Safety, Division of State Highway Patrol, that is created by O.R.C. 5503.34.

(i) Section 549.04(h)(2) does not affect the authority of a person who is carrying a valid concealed handgun license to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in that subsection, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter or O.R.C. Chapter 2923.  A person who is carrying a valid concealed handgun license may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter or O.R.C. Chapter 2923.  

(ORC 2923.16)

Section 549.05 Failure to Secure Dangerous Ordinance

(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;

(2) To insure the safety of persons and property.

(b) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree.

(ORC 2923.19)

Section 549.06 Unlawful Transactions in Weapons

(a) No person shall do any of the following:

(1) 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;

(2) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to O.R.C. 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;

(3) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person's possession or under the person’s control.

(b) Whoever violates this section is guilty of unlawful transactions in weapons.  Violation of Section 549.06(a)(1) or (2) is a misdemeanor of the second degree.   Violation of Section 549.06(a)(3) is a misdemeanor of the fourth degree.  

(ORC 2923.20)

Section 549.07 Underage Purchase of Firearms

(a) No person under eighteen years of age shall purchase or attempt to purchase a firearm.

(b) No person under twenty-one years of age shall purchase or attempt to purchase a handgun, provided that this subsection does not apply to the purchase or attempted purchase of a handgun by a person eighteen years of age or older and under twenty-one years of age if either of the following apply:

(1) The person is a law enforcement officer who is properly appointed or employed as a law enforcement officer and has received firearms training approved by the Ohio Peace Officer Training Council or equivalent firearms training.

(2) The person is an active or reserve member of the armed services of the United States or the Ohio national guard, or was honorably discharged from military service in the active or reserve armed services of the United States or the Ohio national guard, and the person has received firearms training from the armed services or the national guard or equivalent firearms training.

(c) Whoever violates Section 549.07(a) is guilty of underage purchase of a firearm, a delinquent act that would be a felony of the fourth degree if it could be committed by an adult.  Whoever violates Section 549.07(b) is guilty of underage purchase of a handgun, a misdemeanor of the second degree. 

(ORC 2923.211)

Section 549.08 Discharging Firearms

(a) No person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality.

(b) This section does not apply when firearms are used in self-defense, in the discharge of official duty or when otherwise lawfully authorized.

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

Section 549.09 Throwing or Shooting Missiles

(a) No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another.  This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.

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

Section 549.10 Possessing Replica Firearm in School 

(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) Section 549.10(a) does not apply to premises upon which home schooling is conducted.  Section 549.10(a) 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, reenactment, or other dramatic presentation, or a ROTC activity or another similar use of the object.

(c) Whoever violates Section 549.10(a) is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone.  Except as otherwise provided in this subsection, 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 O.R.C. 2923.122, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony and shall 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 Section 549.10(d)(2), if the offender has not attained nineteen 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 O.R.C. 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit, or probationary commercial driver’s license that then is in effect from the range specified in division (A)(4) of O.R.C. 4510.02 and shall deny the offender the issuance of any permit or license of that type during the period of the suspension.

If the offender is not a resident of this State, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in division (A)(4) of O.R.C. 4510.02.

(2) If the offender shows good cause why the court should not suspend one of the types of licenses, permits, or privileges specified in Section 549.10(d)(1) or deny the issuance of one of the temporary instruction permits specified in that subsection, the court in its discretion may choose not to impose the suspension, revocation, or denial required in that subsection, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.

(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.

(ORC 2923.122)

Section 549.11 Defacing Identification Marks of a Firearm; Possessing a Defaced Firearm

(a) No person shall do either of the following:

(1) Change, alter, remove, or obliterate the name of the manufacturer, model, manufacturer’s serial number, or other mark or identification on a firearm.

(2) Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer’s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated.

(b) 

(1) Whoever violates Section 549.11(a)(1) is guilty of defacing identification marks of a firearm.  Except as otherwise provided in this subsection, defacing identification marks of a firearm is a misdemeanor of the first degree.  If the offender previously has been convicted of or pleaded guilty to a violation of Section 549.11(a)(1), defacing identification marks of a firearm is a felony and shall be prosecuted under appropriate State law.

(2) Whoever violates Section 549.11(a)(2) is guilty of possessing a defaced firearm.   Except as otherwise provided in this subsection, possessing a defaced firearm is a misdemeanor of the first degree.   If the offender previously has been convicted of or pleaded guilty to a violation of Section 549.11(a)(2), possessing a defaced firearm is a felony and shall be prosecuted under appropriate State law.

(ORC 2923.201)

Chapter 553 Weeds, Trees, and Grass

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Section 553.01 Obstructions on Lawn Strips and Lawn Debris in Street Gutters

(a) No person shall plant, allow to be planted, or upon notification fail to promptly remove any trees, flowers, shrubbery, or other similar obstructions within the limits of any dedicated streets of the City, or upon the portion of any such streets known as the lawn strips, between the sidewalk and roadway.

(b) No person shall place or allow to be placed grass clippings, shrub and tree trimmings, leaves, limbs, or a yard waste of any kind (“lawn debris”) on any public street, sidewalk, curb or gutter within the City or to allow lawn debris to sit on private property for such period of time or in such a manner as to cause the lawn debris to gain access by natural means onto public streets, sidewalks, curbs, or gutters within the City, or fail to promptly remove the lawn debris upon notification.

(c) In the interest of public safety, all pavement, driveways, curbs, gutters, sidewalks, and lawn strips shall be edged when necessary to prevent encroachment from the adjacent grassed areas or ground cover.

Section 553.02 Declaration of Nuisances

The City has hereby determined that the following are public nuisances subject to abatement by the Superintendent of Permits and Inspections as set forth herein; the presence of weeds, noxious weeds and rank vegetation on any property within the City after the first day of April.  

Section 553.03 Definitions

(a) “Weeds”, include Bittersweet (Nightshade), Buckhorn, Thistles, Curley Dock, Corn Cockle, Golden Rod, Iron Weed, Horse Nettle, Johnsongrass, Milkweed, Oxeye Daisy, Poison Hemlock, Poison Ivy, Poison Oak, Quackgrass, Queen Anne’s Lace, Ragweed, Wild Onion, Wild Mustard, Wild Parships, Prickly Lettuce, Stinging Nettle, and other plants capable of causing skin reactions upon contact or producing severe allergic respiratory reactions.

(b)  “Noxious weeds”  means those plants defined as “Prohibited Noxious Weeds” in Section 901-5-37-01 of the Ohio Administrative Code and any of the following Golden Road, Poison Hemlock, Poison Ivy, Poison Oak, Ragweed, Stinging Nettle, and other plants capable of causing skin reactions upon contact or producing severe respiratory reactions.

(c) “Rank vegetation” is any growth of weeds or grass reaching a height of eight inches or more on improved property or twelve inches or more upon unimproved property.

(d) “Hazardous trees, shrubs and plants”  means any such growth upon, overhanging or infringing upon a height of eight feet  vertical necessary for pedestrians on public sidewalks and fourteen feet vertical clearance for vehicular traffic upon public roadways or which endangers pedestrians or vehicles due to damaged, decayed or broken portions of such growth; or obstructs the view at intersections of vehicular traffic.

(e) “Improved property”  means any property that has constructed upon it, or in proximity to it, any building or similar structure used or intended to be used as the residence or domicile of persons or as a place of business where persons are present during working hours or any property in a residential subdivision to which is extended any improvement required by the Subdivision Regulations.

(f) “Public nuisance”  means vegetation which creates or promotes human health problems or constitutes a hazard to public safety due to obstructed paths of pedestrian and vehicular travel, obstructed views or falling portion of said vegetation.

Section 553.04 Annual Notice by Publication 

The Director of Administration shall publish in one newspaper of local circulation on or about the first day of April each year notice of the City’s determination that noxious weeds and rank vegetation are public nuisances.   The notice shall further demand that all owners of improved property within the City remove all noxious weeds and regularly cut rank vegetation to a height of less than eight inches on improved property and twelve inches on unimproved property.

Section 553.05 Notice of Violation 

After the publication of the foregoing notice, no person, whether the owner or person having control of the real estate, shall permit any noxious weeds or rank vegetation on any improved property in the City.  The Superintendent of Permits and Inspection shall cause a written Notice of Violation to be served by any method set forth in Section 553.06 below upon the owner or person having control of the real estate notifying them that noxious weeds and/or rank vegetation are growing on the property and that the noxious weeds must be removed and the rank vegetation must be cut and removed within seven calendar days of service of such notice.   One notification per calendar year shall be deemed notice for all subsequent violations during the same calendar year.  The Superintendent of Permits and Inspections may summarily abate any subsequent public nuisance hereunder after the first notice is given.

Section 553.06 Manner of Notice

The Superintendent of Permits and Inspections shall serve a copy of the Notice of Violation upon the owner or person having control of the real estate by any of the following methods:

(a) Delivered personally;

(b) Certified mail return receipt requested;

(c) Leaving it at their usual place of business or residence;

(d) Mailing by regular first class mail if not returned; or, if it cannot be served in any of the other ways above;

(e) Posting it in a conspicuous place on the real estate involved; or

(f) Publishing it once in a newspaper of general circulation within the City.

Section 553.07 Failure to Comply 

If the owner or person in control of the property fails to comply with the foregoing notice, the Superintendent of Permits and Inspections may pursue any remedy on behalf of the City and shall cause all weeds or noxious weeds to be removed and rank vegetation to be cut or removed at the expense of the owner.  In addition, the owner is liable for the penalties provided herein.

Section 553.08 Assessment of Costs

Whenever any public nuisance is abated by the City pursuant to the provisions of this chapter, the City shall assess the costs of such abatement to the owner of the real estate upon which the nuisance was abated whether such   abatement is performed by the City or an independent contractor.  A notice of such assessment shall be sent by regular mail to the owner or person having control of the real estate at his last known address to pay the costs of such abatement.  If payment of such costs is not received by the City within thirty days after the mailing of such notice or the address of the owner is unknown,  then the amount shall be certified to the County Auditor for collection the same as other real estate taxes and assessments are collected.   The cost of abatement of the public nuisance shall be an amount determined  by the Superintendent of Permits and Inspections and includes, without limitation, the cost of preparing and sending any notices, the cost of inspection of properties by City officials, and the costs of abating the public nuisance whether such abatement is performed by the City or by an independent contractor.  Costs for services of City employees include, without limitation, an amount based on the hourly rate of pay, including all fringe benefits, of the personnel involved.

Section 553.09 Fines

A fine of fifty dollars ($50.00) shall be added to the first abatement performed on any property subject to these provisions within any calendar year.  A fine of one hundred dollars ($100.00) shall be added to any second or third abatement performed on any property subject to these provisions within any calendar year.   A fine of two hundred dollars ($200.00) shall be added to each subsequent abatement performed thereafter on any property subject to these provisions within any calendar year.

Section 553.10 Appeal 

The owner or person in control of the property may appeal the order of the Superintendent of Permits and Inspections to the Director of Administration by filing a written notice of appeal with the Director of Administration at his office within the time period for compliance set forth in the notice set forth in Section  553.06.   The owner or person in control of the property may appeal the assessment of costs by the Superintendent of Permits and Inspections to the Director of Administration by filing a written notice of appeal with the Director of Administration within the thirty days of mailing of the assessment.  The Director of Administration shall hear such appeal within five working days or as soon thereafter as is practical, and shall affirm, reverse or modify the order of the Superintendent of Permits and Inspections consistent with the preservation of the health and safety,  considering the rights of affected parties, as justice shall require.  The decision of the Director of Administration shall be final.

Section 553.99 Penalty

Whoever violates this section is guilty of a minor misdemeanor.  Each day of violation after expiration of the period for compliance as set forth in the notice shall constitute a separate offense.

Chapter 555 Parks and Playgrounds

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Section 555.1 Park Regulations 

The Park Department and Police Department have authority to enforce the following general and specific regulations by ejecting or arresting any violators. Convicted violators may be fined in the Mayor's Court.  Furthermore, individuals or groups guilty of misconduct or a misdemeanor in any park or who damage park facilities may be denied further use of the park and will be required to pay for any damages they may cause as well as be subject to criminal prosecution.

Section 555.02 Acts Prohibited in City Parks

(a) Motor Vehicles.

(1) No person or persons other than authorized City personnel operating City equipment shall operate any motorized vehicle in and upon any City park areas; excepting lawfully registered and licensed vehicles only are permitted upon the parking areas and/or roadways of the City parks or with the issuance of special written permission by the Director of Administration.

(2) No person shall operate any commercial vehicle upon the parking areas and or roadways of any park in the City except as permitted by the issuance of special written permission by the Director of Administration.

(3) No person shall wash, polish, clean in any manner whatsoever, and repair any motor vehicle, except emergency repairs thereto, in any public park or playground of the City.

(4) No vehicles shall remain on Park property after closing unless authorized by the Director of Administration, the Chief of Police, or their designee.  Vehicles in violation may be ticketed and/or towed by the Police Department.

(b) Animals.

(1) No person, being the owner of any animal or fowl, or harboring or having charge or control of the same, shall permit such animal or fowl to run at large in or upon any public park or playground of the City.

(2) No person shall lead, ride or drive any horse upon any land of any park belonging to the City; nor hitch any horse to any of the trees, lamp posts, hydrants, fences or buildings of the park.

(3) No person shall disturb, molest or harm any animal for which the park may be a home or a haven or refuge.

(c) Games and Gambling.

(1) No person shall play any game in any park of the City except such as the Superintendent of Parks thereof shall designate and upon such portion thereof as the Superintendent shall designate.

(2) No person shall play or practice the game of golf on or upon any public park in the City.

(3) No person shall ride a skateboard, roller blades, coaster, sled, toy vehicle or bicycling in prohibited areas.

(4) No person shall gamble or participate in games of chance on park property.

(d) City Property.

(1) No person shall deface, injure or tear down any of the rules and regulations for the government of the parks of the City, or notices of any kind posted therein by order of the Superintendent of Parks.

(2) No person shall interfere with or interrupt the laborers, officers or persons employed in the parks for the improvement or management thereof.

(3) No person shall willfully injure or climb upon the trees, shrubs, fences or gates of any of the parks of the City or dig up the sod or injure the grass in such parks.

(4) No person shall climb upon, in, and/or over fences, gates, or buildings in any City park.

(e) Firearms and Hunting.  No person shall use firearms or bow and arrows for hunting and/or target practice in any of the parks of the City.

(f) Refuse and Garbage.

(1) Garbage, rubbish and other disposable wastes shall be placed in proper containers provided for such purposes.  

(2) No person shall dump, or cause to be dumped, any rubbish, garbage, trash, debris of any kind or type whatsoever, in any public park or playgrounds of the City.

(3) No person shall shake or otherwise clean any carpets or rugs in any of the parks, or fasten to any trees or shrubs any clothesline or hang up any clothes to dry or bleach within any parks.

(g) Fire. No person shall start or maintain any fires on park property except charcoal in appropriate facilities.

(h) Intoxicants.  No person shall use or possess beer, wine, and other beverages containing alcohol on park property.

(i) Posted Rules / Signs. No person shall violate any posted park rule or sign.

Section 555.03 Park Facilities

(a) Condition of Park and Facilities. All facilities shall be left in a condition equal to that in which they were found.  Any facility which becomes defective while in use or is observed to be defective should be called to the attention of the Park Department.

(b) Use and Misuse of Recreational Facilities.  Swings, slides, teeter-totters, climb-arounds, sandboxes and similar play area facilities are to be used in a proper manner at all times and by the age groups for which they are designed.  Users of these facilities are expected to "play safe" at all times and any injuries resulting from unsafe acts or practices will be the responsibility of the user or users concerned.

Section 555.04 Seizure and Impounding of Animals and Vehicles in Violation of Chapter's Provisions 

It shall be the duty of any police officer as well as the park policeman, to seize any animal or vehicle found in any of the parks in violation of any of the provisions of sections hereof, and to remove the same from the parks and hold the same subject to the discretion of the Mayor or until all fines and costs are paid.

Section 555.05 Authority of Police to Remove Persons and Property from Parks

It shall be lawful for any police officer as well as the park policeman, or employee or other officer in the parks to remove from any of the parks of the City, any person who is violating any provision of this chapter, or who is committing any nuisance, or is guilty of any disorderly conduct, and also hold or remove until the payment of all costs and expenses, any property or material placed, or at any time remaining there, in violation of this chapter or any of the ordinances of the City.

Section 555.06 Hours of Operation 

(a) Park Opening and Closing Time.  City parks will open at 5:00 a.m.  No person or persons shall remain on park property after 10:00 p.m. May through August inclusive; 8:00 p.m. September through April inclusive; except in those lighted facilities and adjacent parking areas wherein activities scheduled in advance with the Recreation Department and/or the City Administrator (or designee).

(b) All park property will close at 11:00 p.m.

Section 555.91 Penalty

Whoever violates any provision of Section 555.02 is guilty of a minor misdemeanor.

Chapter 557 Unsafe Buildings 

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Section 557.01 Building or Structure Constituting Public Nuisances 

The phrase "public nuisance" as used in this Chapter shall mean a residential or commercial building or other structure that is a menace to the public health, welfare, or safety; that is structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, is otherwise dangerous to human life, or is otherwise no longer fit and habitable; or that, in relation to its existing use, constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

Section 557.02 Inspection; Written Report 

Upon receipt of information that a building or other structure constitutes a public nuisance, the Superintendent of Permits and Inspections, shall cause to be made an inspection thereof.  If after said inspection it is found that said building or structure constitutes a public nuisance, he or she shall cause to be filed a detailed written report of the condition in the office of the Mayor which shall be a matter of public record and he or she shall cause a written notice thereof to be served as hereinafter provided.

Section 557.03 Notice Ordering Abatement; Content of Notice; Service of Notice

(a) Whenever the Superintendent of Permits and Inspections finds any building or structure or portion thereof to be a public nuisance, the Superintendent of Permits and Inspections shall give written notice to the owner or owners of record or holders of legal or equitable liens on the premises. The notice shall be written and specifically state the defects that cause the building to be a public nuisance and shall require the owner within a stated time to either complete the specified repairs or improvements or to demolish and remove the building or structure or portion thereof, leaving the premises in a clean, safe and sanitary condition being subject to the approval of the Superintendent of Permits and Inspections.

(b) Proper service of the notice set forth in subsection (a) hereof shall be made by personal service, residence service or by certified mail; provided, however, that such notice shall be deemed to be properly served if a copy thereof is sent by certified mail to the owner's last known address.  If a party cannot be located, nor his address ascertained, this notice shall be deemed to be properly served if a copy thereof is placed in a conspicuous place in or about the building or structure affected by such notice and further, a copy of this notice shall be published in a newspaper of general circulation in this county for a period of three consecutive days.  If such notice is by certified mail, the time period within which the owner is required to comply with the notice of the Superintendent of Permits and Inspections shall begin as of the date he receives such notice.

(c) No action to demolish any structure or building shall be commenced sooner than thirty (30) days after the service of the notice described in subsection (b) hereof or thirty (30) days of the last date of publication of the notice.

(d) Within thirty (30) days of the service of the notice or last date of publication, the owners or holders of any legal or equitable liens of record may enter an agreement with the City to repair or demolish the structure or building provided that all agreements to repair or demolish shall be full performed within sixty (60) days or the agreement shall be void and the City may proceed as described below. 

Section 557.04 Failure to Comply with Notice

If the persons served with a notice to repair or demolish and remove such building, structure or portion thereof which has been determined to be a public nuisance should fail to do so within the time stated in said notice, such party shall be subject to the penal provisions of this Chapter and the Superintendent of Permits and Inspections shall request the Director of Law to file an appropriate action in a court of competent jurisdiction wherein the Director of Law shall seek an Order from said court declaring a public nuisance and permitting the City to remedy the public nuisance through demolition or other appropriate means.  The building or structure owner shall be liable for all costs of repair or demolition as well as all administrative costs, court costs and attorney fees incurred by the City in enforcing this Chapter.  If the City is not reimbursed for such costs, fees and expenses within thirty days after written notice to the building or structure owner the amount thereof shall be certified to the County Treasurer and levied as a special assessment against the property on which the building or structure is located and shall be collected in such a manner provided for special assessments.   Such certification shall not, however, preclude any other methods of recovery of such costs, fees and expenses available under law.

Section 557.99 Penalty

Whoever violates any provision of this Chapter or any rule or regulation promulgated  thereunder or fails to comply therewith or with any written notice or written order issued thereunder, is guilty of a misdemeanor of the first degree for each offense.  Each day such violation occurs or continues shall constitute a separate offense.