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Cadiz Overview
Codified Ordinances of Cadiz, OH
CODIFIED ORDINANCES OF CADIZ, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
Adopting Ordinance Number 2005-1
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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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 subsection (a) hereof, 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 subsection (c) hereof in determining the penalty for the violation of subsection (a) hereof, 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 Ohio R.C. 2151.011.
      (2)   “Delinquent child” has the same meaning as in Ohio R.C. 2152.02.
         (ORC 2921.32)
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 subsection (a) hereof is a misdemeanor of the second degree. A violation of subsection (b) hereof is a misdemeanor of the first degree. (ORC 2921.33)
525.10 HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.
   (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)   Subsection (a)(4) 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 Ohio 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 Ohio 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 Ohio R.C. 733.621. (ORC 2921.42)
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 Ohio 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)   Subsections (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)
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 Ohio R.C. 9.08.
525.13 INTERFERING WITH CIVIL RIGHTS.
      (a)    No public servant, under color of the public servant’s 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)
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)
525.15 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:
         A.   Inhibits or restricts the law enforcement officer’s control of the police dog or horse;
         B.   Deprives the law enforcement officer of control of the police dog or horse;
         C.   Releases the police dog or horse from its area of control;
         D.   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;
         E.   Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.
      (4)   Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse.
      (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 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 subsection (a) hereof 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 subsection (b) hereof 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 subsection (c) hereof 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 subsection (d) of this section 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 subsection (a), (b), (c) or (d) of this section 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 subsection (a) or (b) of this section or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of subsection (c) or (d) of this section;
         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 Ohio 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 Ohio R.C. 955.011.
         (ORC 2921.321)
525.16 FALSE ALLEGATION OF PEACE OFFICER MISCONDUCT.
   (a)   As used in this section, “peace officer” has the same meaning as in Ohio 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)
525.17 COMPLYING WITH LAWFUL ORDER.
   (a)   No person shall fail to comply immediately with any lawful order or direction of any police officer with regards to situations that reasonably appear to such officer to be developing that threaten to endanger the public peace, and/or the health, safety and welfare of other persons or property.
 
   (b)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree.
(Ord. 78-25. Passed 8-8-78.)
525.18 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 subsection (a)(2)A. or B. of this section;
         D.   Any conduct reasonably indicating that any offense identified in subsection (a)(2)A. or B. of this section or any attempt, conspiracy, or complicity described in subsection (a)(2)C. of this section 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)
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