606.23 DETENTION OF SHOPLIFTERS, DISORDERLY PERSONS AND THIEVES; ARREST WITHOUT WARRANT.

   (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 subsection (c) hereof, 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 subsection (c) hereof or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in paragraphs (b)(1) and (2) hereof, 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 subsection (b) hereof or a merchant or his employee or agent pursuant to subsection (a) hereof 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; or

      (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 subsection (a) or (b) hereof, 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 or she has probable cause to believe has committed any act described in paragraph (b)(1) or (2) hereof or that he or she 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)

606.24 DISPOSITION OF PROPERTY HELD BY LAW ENFORCEMENT AGENCY. (REPEALED)

   EDITOR'S NOTE:  Former Section 606.24 was repealed by Ordinance 2015-62.

606.25 IMPERSONATING AN 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 Ohio R.C. 3735.31(D); a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y), a State university law enforcement officer appointed under Ohio R.C. 3345.04; a veterans' home police officer appointed under Ohio R.C. 5907.02; a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28; 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 Ohio 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 subsection (b) hereof that the impersonation of the peace officer was for a lawful purpose.

   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.  If the purpose of a violation of subsection (d) hereof 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)

606.26 REFUSAL TO IDENTIFY SELF.

   No person shall willfully refuse to identify himself to any duly authorized law enforcement officer.

(Ord. 1969-54. Passed 7-7-69.)

606.27 METHODS OF ARREST; COMPLIANCE WITH NOTICE.

   (a)    Arrest of a person charged with a misdemeanor under an ordinance of the City or section of these Codified Ordinances may be made by taking the person charged into custody or by serving him with an arrest notice. Such arrest notice may be served by the arresting officer when he is satisfied that the defendant has a continuing bona fide residence in the City, that he will obey the order of arrest and all orders of the Court, and that peace and order will be subserved by not taking such persons into custody. The defendant shall in such cases acknowledge in writing the service of notice and shall agree to obey its order and all orders of the Court.

   (b)    No person shall fail to obey the order of an arrest notice as provided for in subsection (a) hereof. (1964 Code §§70.04, 70.06)

606.28 DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.

   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.

(ORC 2913.441)

606.29 FALSE STATEMENTS OF RESIDENCY.

   No person, for the purpose of obtaining tuition-free attendance at a public or private school, for the purpose of gaining entrance to a public place limited to residents only or for the purpose of obtaining a pass or entry card or a reduced admission charge to a public place, shall declare orally or in writing that such person or another person is a resident of the City when, in fact, such person is not a resident of the City.

(Ord. 1989-78. Passed 6-19-89. )