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Avon Lake Overview
Avon Lake, OH Code of Ordinances
CITY OF AVON LAKE, OHIO CODE OF ORDINANCES
THE CHARTER OF THE MUNICIPALITY OF AVON LAKE, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
CHAPTER 606: GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT
CHAPTER 610: ADVERTISING, BILLPOSTING AND HANDBILLS
CHAPTER 612: ALCOHOLIC BEVERAGES
CHAPTER 618: ANIMALS
CHAPTER 624: DRUGS
CHAPTER 630: GAMBLING
CHAPTER 636: OFFENSES RELATING TO PERSONS
CHAPTER 642: OFFENSES RELATING TO PROPERTY
CHAPTER 648: PEACE DISTURBANCES
CHAPTER 660: SAFETY, SANITATION AND HEALTH
CHAPTER 662: NUISANCE PROPERTIES
CHAPTER 666: SEX RELATED OFFENSES
CHAPTER 667: SMOKING IN MUNICIPAL BUILDINGS
CHAPTER 668: VEGETATION AND LITTER
CHAPTER 670: WATERCRAFT
CHAPTER 672: WEAPONS AND EXPLOSIVES
CHAPTER 698: PENALTIES AND SENTENCING
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Avon Lake, OH Municipal Utilities Regulations
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§ 636.09 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 slander against any person.
      (3)   Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, or 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)   Divisions (a)(4) and (a)(5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
      (1)   Offering or agreeing to grant, or granting immunity from prosecution pursuant to 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 a 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 division (a)(3), (a)(4) or (a)(5) of this section that the actor’s conduct was a reasonable response to the circumstances which 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 which the actor reasonably believed the other person to be under a duty to take.
   (d)   Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
   (e)   As used in this section:
      (1)   “Community control sanction” has the same meaning as in R.C. § 2929.01.
      (2)   “Threat” includes a direct threat and a threat by innuendo.
(R.C. § 2905.12) (Prior Code, § 636.09)
§ 636.10 NONSUPPORT OF DEPENDENTS.
   (a)   No person shall abandon, or fail to provide adequate support to:
      (1)   The person’s spouse, as required by law;
      (2)   The person’s child who is under age 18, or the persons’s child with a mental or physical disability who is under age 21;
      (3)   The person’s aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent’s own support.
   (b)   (1)   No person shall abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person:
         A.   Is legally obligated to support; or
         B.   Was legally obligated to support, and an amount for support:
            1.   Was due and owing prior to the date the person’s duty to pay current support terminated; and
            2.   Remains unpaid.
      (2)   The period of limitation under R.C. § 2901.13 applicable to division (b)(1)B. of this section shall begin to run on the date the person’s duty to pay current support terminates.
   (c)   No person shall aid, abet, induce, cause, encourage or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in R.C. § 2151.04, or a neglected child, as defined in R.C. § 2151.04.
   (d)   It is an affirmative defense to a charge of failure to provide adequate support under division (a) of this section or a charge of failure to provide support established by a court order under division (b) of this section that the accused was unable to provide adequate support or the established support, but did provide the support that was within his or her ability and means.
   (e)   It is an affirmative defense to a charge under division (A)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age 18, or had a mental or physical disability and was under age 21.
   (f)   It is not a defense to a charge under division (b) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.
   (g)   (1)   Except as otherwise provided in this division, whoever violates division (a) or (b) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (a)(2) or (b) of this section or a substantially equivalent state law or municipal ordinance, or if the offender has failed to provide support under division (a)(2) or (b) of this section for a total accumulated period of 26 weeks out of 104 consecutive weeks, whether or not the 26 weeks were consecutive, then a violation of division (a)(2) or (b) of this section is a felony to be prosecuted under appropriate state law. If the offender previously has been convicted of or pleaded guilty to a felony violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(2) or (b) of this section is a felony to be prosecuted under appropriate state law.
      (2)   If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child as required by a child support order issued on or after April 15, 1985, pursuant to R.C. § 2151.23, 2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, 3115.401, or former R.C. § 3115.31, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney’s fees of any adverse party other than the state, as determined by the court, that arose in relation to the charge.
      (3)   Whoever violates division (c) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of a violation of division (c) of this section is a separate offense.
(R.C. § 2919.21) (Prior Code, § 636.10)
§ 636.11 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 18 years of age or a child with a mental or physical disability under 21 years of age, shall create a substantial risk to the health or safety of the child by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
   (b)   No person shall do any of the following to a child under 18 years of age or a child with a mental or physical disability under 21 years of age:
      (1)   Abuse the child.
      (2)   Torture or cruelly abuse the child.
      (3)   Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.
      (4)   Repeatedly administer unwarranted disciplinary measures to a child when there is a substantial risk that this conduct, if continued, will seriously impair or retard the child’s mental health or development.
      (5)   Entice, coerce, permit, encourage, compel, hire, employ, use or allow the child to act, model or in any other way participate in, or be photographed for, the production, presentation, dissemination or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter or is nudity-oriented matter.
      (6)   Allow the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of, any act in violation of R.C. § 2925.04 or 2925.041 when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of R.C. § 2925.04 or 2925.041 that is the basis of the violation of this division.
   (c)   (1)   No person shall operate a vehicle, as defined by R.C. § 4511.01, within the municipality and in violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, when one or more children under 18 years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of this division. For purposes of R.C. §§ 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, 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)   For the purpose of division (c)(1) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
         A.   “Controlled substance.” Has the same meaning as in R.C. § 3719.01.
         B.   “Vehicle.” Has the same meaning as in R.C. § 4511.01.
   (d)   (1)   Division (b)(5) of this section does not apply to any material or performance that is produced, presented or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies for research, librarian, member of the clergy, prosecutor, judge or other person having a proper interest in the material or performance.
      (2)   Mistake of age is not a defense to a charge under division (b)(5) of this section.
      (3)   In a prosecution under division (b)(5) of this section, the trier of fact may infer that an actor, model or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation or otherwise, represents or depicts the actor, model or participant as a juvenile.
      (4)   For the purpose of this division and division (b)(5) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         A.   “Material,” “performance,” “obscene” and “sexual activity.” Have the same meanings as in R.C. § 2907.01.
         B.   “Nudity-oriented matter.” Any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to the prurient interest.
         C.   “Sexually oriented matter.” Any material or performance that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
   (e)   Whoever violates this section is guilty of endangering children.
      (1)   If the offender violates division (a) or (b)(1) of this section, endangering children is one of the following:
         A.   Except as otherwise provided in division (e)(1)B., (e)(1)C. or (e)(1)D., a misdemeanor of the first degree.
         B.   If the offender previously has been convicted of an offense under this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(1)C. or (e)(1)D. of this section, endangering children is a felony to be prosecuted under appropriate state law.
         C.   If the violation is a violation of division (a) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
         D.   If the violation is a violation of division (b)(1) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
      (2)   If the offender violates division (b)(2), (b)(3), (b)(4), (b)(5) or (b)(6) of this section, endangering children is a felony to be prosecuted under appropriate state law.
      (3)   If the offender violates division (c) of this section, the offender shall be punished as follows:
         A.   Except as provided in (e)(3)B. or (e)(3)C., endangering children in violation of division (c) of this section is a misdemeanor of the first degree.
         B.   If the violation results in serious physical harm to the child or if the offender previously has been convicted of a violation of this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(3)C. of this section, endangering children in violation of division (c) of this section is a felony to be prosecuted under appropriate state law.
         C.   If the violation results in serious physical harm to the child and if the offender previously has been convicted of a violation of this section, R.C. § 2903.06, 2903.08, 2919.22(C) or former R.C. § 2903.07 as it existed prior to March 23, 2000, or R.C. § 2903.04, in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (c) of this section is a felony to be prosecuted under appropriate state law.
         D.   In addition to any term of imprisonment, fine or other sentence, penalty or sanction it imposes upon the offender pursuant to divisions (e)(3)A., (e)(3)B. or (e)(3)C. of this section or pursuant to any other provision of law and in addition to any suspension of the offender’s driver’s license or commercial driver’s license or permit or nonresident operating privilege under R.C. Chapter 4506, Chapter 4509, Chapter 4510 or Chapter 4511, or any other provision of law, the court also may impose upon the offender 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 R.C. § 4510.02(A)(7).
         E.   In addition to any term of imprisonment, fine, or other sentence, penalty or sanction imposed upon the offender pursuant to division (e)(3)A., (e)(3)B., (e)(3)C. or (e)(3)D. of this section or pursuant to any other provision of law for the violation of division (c) of this section, if as a part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, the offender also shall be sentenced in accordance with R.C. § 4511.19, or a substantially equivalent municipal ordinance, for that violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance.
   (f)   (1)   If a person violates division (c) of this section and if, at the time of the violation, there were two or more children under 18 years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (c) of this section for each of the children, but the court may sentence the offender for only one of the violations.
      (2)   A.   If a person is convicted of or pleads guilty to a violation of division (c) of this section but the person is not also convicted of and does not also plead guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, both the following apply:
            1.   For purposes of the provisions of R.C. § 4511.19, or a substantially equivalent municipal ordinance, that set forth the penalties and sanctions for a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, the conviction of or plea of guilty to the violation of division (c) of this section shall not constitute a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance.
            2.   For purposes of the provisions of law that refers to a conviction of or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, and that is not described in division (f)(2)A.1. of this section, the conviction of or plea of guilty to the violation of division (c) of this section shall constitute a conviction or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance.
         B.   If a person is convicted of or pleads guilty to a violation of division (c) of this section and the person also is convicted of or pleads guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, the conviction of or plea of guilty to the violation of division (c) of this section shall not constitute, for the purposes of any provision of law that refers to a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance, a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance.
(R.C. § 2919.22(A) - (E), (H)) (Prior Code, § 636.11)
Statutory reference:
   Community service, requirements, see R.C. § 2919.22(F)
   License suspension, requirements, see R.C. § 2919.22(G)
   Permitting child abuse, felony offense, see R.C. § 2903.15
§ 636.12 INTERFERENCE WITH CUSTODY.
   (a)   No person, knowing that he or she is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor a person identified in division (a)(1), (a)(2) or (a)(3) of this section from the parent, guardian or custodian of the person identified in division (a)(1), (a)(2) or (a)(3) of this section:
      (1)   A child under the age of 18, or a child with a mental or physical disability under the age of 21;
      (2)   A person committed by law to an institution for delinquent, unruly, neglected, abused or dependent children;
      (3)   A person committed by law to an institution for persons with mental illnesses or an institution for persons with intellectual disabilities.
   (b)   No person shall aid, abet, induce, cause or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department or public or private institution to leave the custody of that person, department or institution without legal consent.
   (c)   It is an affirmative defense to a charge of enticing or taking under division (a)(1) of this section that the actor reasonably believed that his or her conduct was necessary to preserve the child’s health or safety. It is an affirmative defense to a charge of keeping or harboring under division (a) of this section that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his or her shelter, protection, or influence.
   (d)   Whoever violates this section is guilty of interference with custody.
      (1)   Except as otherwise provided in this subdivision, a violation of division (a)(1) above is a misdemeanor of the first degree. If the child who is the subject of a violation of division (a)(1) is removed from the state or if the offender previously has been convicted of an offense under this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate state law. If the child who is the subject of a violation of division (a)(1) suffers physical harm as a result of the violation, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate state law.
      (2)   A violation of division (a)(2) or (a)(3) of this section is a misdemeanor of the third degree.
      (3)   A violation of division (b) of this section is a misdemeanor of the first degree. Each day of a violation of division (b) is a separate offense.
(R.C. § 2919.23) (Prior Code, § 636.12)
§ 636.13 CONTRIBUTING TO THE UNRULINESS OR DELINQUENCY OF A CHILD.
   (a)   As used in this section:
      (1)   “Delinquent child.” Has the same meaning as in R.C. § 2152.02.
      (2)   “Unruly child.” Has the same meaning as in R.C. § 2152.02.
   (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 R.C. Chapters 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 R.C. § 2919.121, fail to ensure that the child complies with those duties under 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.
(R.C. § 2919.24) (Prior Code, § 636.125)
§ 636.14 THREATENING OR HARASSING TELECOMMUNICATIONS.
   (a)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following:
      (1)   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 R.C. § 2903.21 or a substantially equivalent municipal ordinance;
      (4)   Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family or any other person who resides at the premises to which the telecommunication is made owns, leases, resides or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises;
      (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 telecommunications harassment.
      (2)   A violation of division (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9), (a)(10), or (a)(11) or (b) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in this division (c)(3), a violation of division (a)(4) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, to be prosecuted under appropriate state law. If a violation of division (a)(4) of this section results in economic harm of $1,000 or more, telecommunications harassment is a felony to be prosecuted under appropriate state law.
   (d)   No cause of action may be asserted in any court of this municipality against any provider of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, or against any officer, employee or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, 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 47 U.S.C. § 230, or information service, or an officer, employee or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, is immune from any civil or criminal liability for injury, death or loss to person or property that allegedly arises out of the provider’s, officer’s, 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 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 the person believes is, or will be sent, in violation of this section.
      (2)   Division (e)(1) of this section 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)   Division (e)(1) of this section 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 47 U.S.C. § 230, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in 47 U.S.C. § 230, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in 47 U.S.C. § 230. Nothing in this division 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)   Divisions (a)(5) to (a)(11) and (b)(2) of this section 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)   For the purpose of divisions (a) through (d) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Cable operator.” Has the same meaning as in R.C. § 1332.21.
      (2)   “Caller.” The person described in division (a) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control.
      (3)   “Economic harm.” All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. The term includes but is not limited to all of the following:
         A.   All wages, salaries or other compensation lost as a result of the criminal conduct;
         B.   The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
         C.   The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;
         D.   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
      (4)   “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 division (a)(9) of this section is committed:
            1.   A spouse, a person living as a spouse, or a former spouse of the recipient;
            2.   A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;
            3.   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 division (a)(9) of this section is committed is the other natural parent or is the putative other natural parent.
      (5)   “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 division (a)(9) of this section 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.
      (6)   “Sexual activity.” Has the same meaning as in R.C. § 2907.01.
      (7)   “Telecommunication” and “telecommunications device.” Have the same meanings as in R.C. § 2913.01.
   (h)   Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 15 U.S.C. § 1692, as amended, or the “Telephone Consumer Protection Act”, 47 U.S.C. § 227, as amended.
(R.C. § 2917.21) (Prior Code, § 636.15)
§ 636.15 PLACING HARMFUL SUBSTANCE OR OBJECTS IN FOOD OR CONFECTION.
   (a)   No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:
      (1)   Place a pin, razor blade, glass, laxative, drug of abuse or other harmful or hazardous object or substance in any food or confection.
      (2)   Furnish to any person any food or confection which has been adulterated in violation of division (a)(1) of this section.
(R.C. § 3716.11)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 3716.99(C))
(Prior Code, § 636.16)
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