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(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, 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 paragraph (1) hereof.
(ORC 3716.11)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.
(ORC 3716.99(C))
(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 subsection (d)(3) to (5) of this section, 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.
(3) Except as otherwise provided in subsection (d)(4) of this section, 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 Ohio 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 subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section 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 subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, 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) of this section is a misdemeanor of the first degree.
(5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant 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) of this section 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:
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. (ORC 2919.25)
(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.
(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.
(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)
(a) As used in this section:
(1) “Hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in Ohio R.C. 3719.011.
(2) “Organization” includes a national or international organization with which a fraternity or sorority is affiliated.
(b) (1) No person shall recklessly participate in the hazing of another.
(2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization.
(c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person.
(2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person.
(d) Whoever violates subsections (b) or (c) of this section is guilty of hazing. A violation of subsections (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsections (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law. (ORC 2903.31)
(e) Reckless failure to immediately report knowledge of hazing.
(1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred.
(2) A violation of subsection (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm.
(ORC 2903.311(B), (C))
(f) Any person who is subjected to hazing, as defined in subsection (a) hereof, may commence a civil action for injury or damages, including mental and physical pain and suffering, that result from the hazing. The action may be brought against any participants in the hazing, any organization whose local or national directors, trustees or officers authorized, requested, commanded or tolerated the hazing, and any local or national director, trustee or officer of the organization who authorized, requested, commanded or tolerated the hazing. If the hazing involves students in a primary, secondary or post-secondary school, university, college or any other educational institution, an action may also be brought against any administrator, employee or faculty member of the school, university, college or other educational institution who knew or reasonably should have known of the hazing and who did not make reasonable attempts to prevent it and against the school, university, college or other educational institution. If an administrator, employee or faculty member is found liable in a civil action for hazing, then notwithstanding Ohio R.C. Chapter 2743, the school, university, college or other educational institution that employed the administrator, employee or faculty member may also be held liable.
The negligence or consent of the plaintiff or any assumption of the risk by the plaintiff is not a defense to an action brought pursuant to this section. In an action against a school, university, college or other educational institution, it is an affirmative defense that the school, university, college or other institution was actively enforcing a policy against hazing at the time the cause of action arose. (ORC 2307.44)
(a) Definitions. For the purposes of this Section, the following definitions shall apply:
(1) "Distribute" means giving, providing, or delivering Tobacco Products.
(2) "Electronic Smoking Device" means any device that may be used to deliver any aerosolized or vaporized nicotine or any other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen ore-hookah. Electronic Smoking Device includes any component, part, or accessory to such a device, whether or not sold separately, and also includes any substance intended to be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic Smoking Device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(3) "Purchaser" means any person who obtains or attempts to obtain a Tobacco Product.
(4) "Sale", "Sell" or "Sold" means transferring, or offering or attempting to transfer, a Tobacco Product for money, trade, barter, exchange or other consideration.
(5) "Self-Service Display" means the open display or storage of Tobacco Products in a manner that is physically accessible in any way to the general public without the assistance of the Tobacco Retailer or its agent, employee, or representative or without a direct person-to-person transfer between the Purchaser and the Tobacco Retailer or its agent, employee or representative.
(6) "Tobacco" or "Tobacco Product(s)" means: (a) any product containing, made of, or derived from tobacco or containing any form of nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff or snus; (b) any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; ( c) any component, part, or accessory of (a) or (b), whether or not any of these contain tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, or pipes. Tobacco Product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(7) "Tobacco Retailer" means any individual, firm, partnership, joint venture, association, joint stock company, corporation, unincorporated business entity, or any other group acting as a unit that owns a business where Tobacco Products are available for sale to the general public and are licensed pursuant to Chapter 868 of the Codified Ordinances. Tobacco Retailer, as used herein, includes any manufacturer, producer, distributor or wholesaler of Tobacco Products. Tobacco Retailer does not mean the employees or agents of an owner of a business where Tobacco Products are available to the general public.
(8) "Vending Machine" has the same meaning as "Coin Machine" in Ohio Revised Code Section 2913.01, as same may be amended from time to time.
(b) Restrictions on the Sale of Tobacco Products.
(1) Age Restriction. No Tobacco Retailer, or its agent, employee or representative, nor any other person, shall sell or distribute any Tobacco Product to any person under twenty-one (21) years of age, except if a person is participating in a research protocol described in subsections (c)(1)A. and (c)(2) herein and meets the requirements provided therein.
(2) Age Verification. Tobacco Retailers or their agents, employees or representatives shall verify by means of government-issued photographic identification that the Purchaser is at least twenty-one (21) years of age. No Tobacco Retailer, or its agents, employees, or representatives, nor any other person, shall sell or distribute any Tobacco Product to any individual who does not demonstrate, through a government-issued photographic identification, that the individual is at least twenty-one (21) years of age. Verification is not required for a person over thirty (30) years of age; provided however, that the Purchaser appeared to be thirty (30) years of age or older shall not constitute a defense to a violation of this Section in any proceeding alleging the sale of Tobacco Products to an individual under the age of twenty-one (21).
(3) Signage. Signs reading "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 IS PROHIBITED BY LAW" shall be legibly printed in letters at least one inch high and shall be posted clearly and conspicuously in every location where Tobacco Products are sold. Selling Tobacco Products in any place that does not have a sign consistent with this Section is prohibited by law and punishable as provided herein.
(4) Self-Service Display Prohibition. No Tobacco Retailer or its agent, employee or representative, nor any other person, shall sell or distribute Tobacco Products by or from a Self-Service Display.
(5) Vending Machine Prohibition. No Tobacco Retailer or its agent, employee or representative, nor any other person, shall sell or distribute Tobacco Products by or from a Vending Machine.
(6) False Information. No Tobacco Retailer or its agent, employee or representative, nor any other person, shall knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one (21) years of age with purposes to sell or distribute Tobacco Products.
(7) No Tobacco Retailer or its agent, employee or representative, not any other person, shall manufacture, sell or distribute any pack or other container of cigarettes containing fewer than twenty (20) cigarettes or any package of roll-your own tobacco containing less than six-tenths (6/10) of one ounce of tobacco.
(8) No Tobacco Retailer or its agent, employee or representative, nor any other person, shall sell any Tobacco Product in a smaller quantity than that placed in the pack or container by the manufacturer.
(9) No Tobacco Retailer or its agent, employee or representative, nor any other person, shall sell or distribute any Tobacco Product in a smaller quantity than was intended for retail when the Tobacco Product was packaged by the manufacturer.
(c) Affirmative Defenses.
(1) The following are affirmative defenses to a charge under subsections (b)(1) and (b)(2) hereof:
A. The parent, guardian, or legal custodian of a person under the age of eighteen (18) has consented in writing to a person under the age of eighteen (18) participating in research protocol, or a person over the age of eighteen (18), but under the age of twenty-one (21), has consented in writing, on his or her own behalf, to participate in research protocol.
B. The person who has sold or distributed Tobacco Products to a person under the age of twenty-one is a parent, spouse who is twenty-one (21) years of age or older, or legal guardian of the person who is under the age of twenty-one (21).
(2) It is not a violation of subsections (b)(1) or (b)(2) hereof to sell or distribute Tobacco Products to a person under the age of twenty-one (21) while the person under the age of twenty-one (21) is participating in a research protocol if all of the following apply:
A. The parent, guardian, or legal custodian of a person under the age of eighteen (18) has consented in writing to a person under the age of eighteen (18) participating in the research protocol, or a person over the age of eighteen (18), but under the age of twenty-one (21), has consented in writing, on his or her own behalf, to participate in the research protocol.
B. An institutional human subjects protection review board, or equivalent entity, has approved the research protocol.
C. The person under the age of twenty-one (21) is participating in the research protocol at the facility or location specified in the research protocol.
(d) Severability. The provisions of this Section are severable, and if any provision, clause, sentence or paragraph of this Section or the application thereof to any person or circumstances are held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a ruling shall not affect the other parts of this Section that can be given effect.
(e) Penalty. Whoever violates subsection (b) is guilty of illegal distribution of Tobacco Products. Except as otherwise provided herein, illegal distribution or sale of Tobacco Products is a misdemeanor of the fourth degree. If the offender has previously been convicted of or pleaded guilty to a violation of subsection (b) within the previous twelve (12) months, or any previous version of the Codified Ordinances relating to illegal distribution or sale of Tobacco Products, then illegal distribution or sale of Tobacco Products is a misdemeanor of the third degree. If the offender has been convicted of or pleaded guilty to two (2) or more violations of subsection (b) within the previous twelve (12) months, or any previous version of the Codified Ordinances relating to illegal distribution or sale of Tobacco Products, then illegal distribution of sale of Tobacco Products is a misdemeanor of the first degree and any Conditional Use Permit issued shall be revoked in accordance with the provisions of Section 1274.17.
(Ord. 20-2024. Passed 3-11-24.)
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