636.14 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 Ohio R.C. Chapter 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 Ohio R.C. Chapter 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 subsection (b) hereof is guilty of a misdemeanor of the fourth degree.

      (2)   Whoever violates subsection (c) or (d) hereof 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)

636.15 THREATENING OR HARASSING TELEPHONE CALLS.

   (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 636.15 was derived was repealed by Senate Bill 162, effective September 13, 2010.  See now Section 636.13 “Telecommunication Harassment”.)

636.16 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 subsection (a)(1) hereof.  (ORC 3716.11)

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

(ORC 3716.99(C))

636.17 ABUSING FAMILY.

   No person shall abuse or threaten his family or household or any member thereof.

(Ord. 1973-105.  Passed 9-17-73.)

636.18 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)   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:

            1.   A spouse, a person living as a spouse or a former spouse of the offender;

            2.   A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender;

            3.   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.

   (e)   Whoever violates this section is guilty of domestic violence.  Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the fourth degree and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree.  If the offender previously has pleaded guilty to or been convicted of domestic violence, of a violation of a municipal ordinance that is substantially similar to domestic violence, of a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211, 2903.22, 2911.211 or 2919.22 involving a person who was a family or household member at the time of the violation, or of a violation of a municipal ordinance, a law of the United States or of any other state, or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to one of those sections involving a person who was a family or household member at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law and a violation of subsection (c) hereof is a misdemeanor of the third degree.  (ORC 2919.25)

   (f)   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.

   (g)   The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section.

636.185 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 Ohio R.C. 2919.26 or 3113.31;

      (2)   A protection order issued pursuant to Ohio 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 subsection (b)(3) of this section, 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 Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31;

         B.   Two or more violations of Ohio 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 Ohio 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 Ohio 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 Ohio R.C. 2743.191.  The total amount paid from the reparations fund created pursuant to Ohio R.C. 2743.191 for electronic monitoring under this section and Ohio 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 subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith 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)

636.19 SAFETY OF CROWDS ATTENDING LIVE ENTERTAINMENT PERFORMANCES.

   (a)    As used in this section:

      (1)    "Live entertainment performance" means any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. A "live entertainment performance" does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.

      (2)    "Restricted entertainment area" means any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstyles or similar devices.

      (3)    "Concert" means a musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. A "concert" does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.

      (4)    "Facility" means any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including, but not limited to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.

      (5)    "Person" includes, in addition to an individual or entity specified in Ohio R.C. 1.59(C), any governmental entity.

   (b)    No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:

      (1)    A live entertainment performance that is not exempted under subsection (e) hereof, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public;

      (2)    A concert that is not exempted under subsection (e) hereof and for which more than 3,000 tickets are offered to the public.

   (c)    No person shall advertise any live entertainment performance as described in paragraph (b)(l) hereof or any concert as described in paragraph (b)(2) hereof, unless the advertisement contains the words "reserved seats only. "

   (d)    Unless exempted by subsection (e) hereof, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under subsections (i) and (j) hereof for a minimum of ninety minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.

   (e)    A live entertainment performance, other than a concert, is exempted from the provisions of subsections (b), (c) and (d) hereof if both of the following apply:

      (1)    The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstyles or similar devices are used, has at least eight turnstyles or similar devices.

      (2)    The eight entrances or, if applicable, the eight turnstyles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.

   (f)   The officer responsible for public safety in the Municipality may, upon application of the sponsor of a concert covered by subsections (b) and (c) hereof, exempt the concert from the provisions of such subsections if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of such subsections.

   In determining whether to grant an exemption, the officer shall consider the following factors:

      (1)    The size and design of the facility in which the concert is scheduled;

      (2)    The size, age and anticipated conduct of the crowd expected to attend the concert;

      (3)    The ability of the sponsor to manage and control the expected crowd.

   If the sponsor of any concert desires to obtain an exemption under subsections (e) through (h) hereof, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five days after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.

   (g)    If an official grants an exemption under subsection (f) hereof, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

   (h)    Notwithstanding subsections (f) and (g) hereof, in the case of a concert held in a facility located on the campus of an educational institution covered by Ohio R.C. 3345.04, a State university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall do both of the following:

      (1)    Exercise the authority to grant exemptions provided by subsection (f) hereof  in lieu of an official designated in that subsection;

      (2)    If the officer grants an exemption under paragraph (h)(l) hereof, designate an on-duty State university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

   (i)    Unless a live entertainment performance is exempted by subsection (e) hereof, the officer responsible for public safety within the Municipality shall designate, for purposes of subsection (d) hereof, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.

   (j)    Notwithstanding subsection (i) hereof, a State university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by Ohio R.C. 3345.04.

   (k)    No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.

   (1)    This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.

   (m)    This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.

   (n)    This section does not prohibit Council from imposing additional requirements, not in conflict with this section, for the promotion or holding of live entertainment performances.

   (o)    If any individual suffers physical harm to his or her person as a result of a violation of or noncompliance with this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.

(ORC 2917.40)