As used in these Codified Ordinances, unless otherwise expressly provided, or unless the context clearly indicates that a different meaning is intended:
(a) “Campaign committee,” “contribution,” “political action committee,” “legislative campaign fund”, “political party” and “political contributing entity” have the same meanings as in Ohio R.C. 3517.01.
(b) “Contraband” means any property described in the following categories:
(1) Property that in and of itself is unlawful for a person to acquire or possess;
(2) Property that is not in and of itself unlawful for a person to acquire or possess, but that has been determined by a court of this State, in accordance with law, to be contraband because of its use in an unlawful activity or manner, of its nature, or of the circumstances of the person who acquires or possesses it, including, but not limited to, goods and personal property described in Ohio R.C. 2913.34(D);
(3) Property that is specifically stated to be contraband by a section of the Ohio Revised Code or by an ordinance, regulation or resolution;
(4) Property that is forfeitable pursuant to a section of the Ohio Revised Code, or an ordinance, regulation or resolution, including, but not limited to, forfeitable firearms, dangerous ordnance and obscene materials, and goods and personal property described in Ohio R.C. 2913.34(D);
(5) Any controlled substance, as defined in Section 624.01(d), or any device, paraphernalia, money, as defined in Ohio R.C. 1301.01, or other means of exchange that has been, is being or is intended to be used in an attempt or conspiracy to violate, or in a violation of, Chapter 624 of this General Offenses Code or Ohio R.C. Chapter 2925 or 3719;
(6) Any gambling device, paraphernalia, money, as defined in Ohio R.C. 1301.01, or other means of exchange that has been, is being or is intended to be used in an attempt or conspiracy to violate, or in the violation of, Chapter 630 of this General Offenses Code or Ohio R.C. Chapter 2915;
(7) Any equipment, machine, device, apparatus, vehicle, vessel, container, liquid or substance that has been, is being or is intended to be used in an attempt or conspiracy to violate, or in the violation of, any law of the Municipality or the State relating to alcohol or tobacco;
(8) Any personal property that has been, is being or is intended to be used in an attempt or conspiracy to commit, or in the commission of, any offense or in the transportation of the fruits of any offense;
(9) Any property that is acquired through the sale or other transfer of contraband or through the proceeds of contraband, other than by a court or a law enforcement agency acting within the scope of its duties;
(10) Any computer, computer system, computer network, computer software or other telecommunications device that is used in a conspiracy to commit, an attempt to commit, or the commission of any offense, if the owner of the computer, computer system, computer network, computer software or other telecommunications device is convicted of or pleads guilty to the offense in which it is used.
(c) “Deadly force” means any force that carries a substantial risk that it will proximately result in the death of any person;
(d) “Detention” means arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this State or another state or under the laws of the United States; hospitalization, institutionalization or confinement in any public or private facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; or, except as provided in this subsection, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization or confinement in the facility, but that occurs outside the facility, or supervision by an employee of the Ohio Department of Rehabilitation and Correction of a person on any type of release from a State correctional institution. For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, “detention” includes time spent at an assigned work site and going to and from the work site.
(e) “Detention facility” means any public or private place used for the confinement of a person charged with or convicted of any crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this State or another state or under the laws of the United States;
(f) “Force” means any violence, compulsion or constraint physically exerted by any means upon or against a person or thing;
(g) “Law enforcement officer” means any of the following:
(1) A sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, Municipal police officer, member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D), or State Highway Patrol trooper;
(2) 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 the limits of that statutory duty and authority;
(3) The Mayor in the Mayor's capacity as chief conservator of the peace within the Mayor's Municipality;
(4) A member of an auxiliary police force organized by County, Township, or Municipal law enforcement authorities, within the scope of the member's appointment or commission;
(5) A person lawfully called pursuant to Ohio R.C. 311.07 to aid a sheriff in keeping the peace for the purposes and during the time when the person is called;
(6) A person appointed by the Mayor pursuant to Ohio R.C. 737.10 as a special patrolling officer or officer during riot or emergency, for the purposes and during the time when the person is appointed;
(7) A member of the organized militia of the State or the Armed Forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or to protect against domestic violence;
(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer or the Municipal Prosecutor;
(9) An Ohio Veterans' Home police officer appointed under Ohio R.C. 5907.02;
(10) A member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y);
(11) A special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28.
(h) “Offense of violence” means any of the following:
(1) A violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12(A)(1), (2) or (3), 2917.01, 2917.02, 2917.03, 2917.31, 2919.22(B)(1), (2), (3) or (4), 2919.25, 2921.03, 2921.04, 2921.34 or 2923.161, or felonious sexual penetration in violation of former Ohio R.C. 2907.12, or a violation of Section 636.02, 636.04, 636.045, 636.05, 636.17, 642.09, 648.01 or 648.07 of this General Offenses Code;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division or offense listed in paragraph (h)(1) hereof;
(3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
(4) A conspiracy or attempt to commit, or complicity in committing, any offense under paragraph (h)(1), (2) or (3) hereof;
(i) “Official proceeding” means any proceeding before a legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath and includes any proceeding before a referee, hearing examiner, commissioner, notary or other person taking testimony or a deposition in connection with an official proceeding;
(j) “Party official” means any person who holds an elective or appointive post in a political party in the United States or this State, by virtue of which the person directs, conducts or participates in directing or conducting party affairs at any level of responsibility;
(k) “Person” is defined as follows:
(1) A. Subject to paragraph (k)(2) hereof, as used in any section contained in this General Offenses Code that sets forth a criminal offense, “person” includes all of the following:
1. An individual, corporation, business trust, estate, trust, partnership and association;
2. An unborn human who is viable.
B. As used in any section contained in this General Offenses Code that does not set forth a criminal offense, “person” includes an individual, corporation, business trust, estate, trust, partnership and association.
C. As used in paragraph (k)(1)A. hereof:
1. “Unborn human” means an individual organism of the species homo sapiens from fertilization until live birth.
2. “Viable” means the stage of development of a human fetus at which there is a realistic possibility of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
(2) Notwithstanding paragraph (k)(1)A. hereof, in no case shall the portion of the definition of the term “person” that is set forth in paragraph (k)(1)A.2. hereof be applied or construed in any section contained in this General Offenses Code that sets forth a criminal offense in any of the following manners:
A. Except as otherwise provided in this paragraph, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of Ohio R.C. 2903.01 to 2903.08, 2903.11 to 2903.14, 2903.21 or 2903.22, as applicable, or Section 434.08 of the Traffic Code or Sections 636.01 through 636.04 and 636.05 of this General Offenses Code. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate Ohio R.C. 2919.12, 2919.13(B), 2919.15, 2919.17 or 2919.18, may be punished as a violation of Ohio R.C. 2919.12, 2919.13(B), 2919.15, 2919.17 or 2919.18, as applicable. Consent is sufficient under this paragraph if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with Ohio R.C. 2919.12.
B. In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
1. Her delivery of a stillborn baby;
2. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;
3. Her causing the death of her child who is born alive, but who dies from one or more injuries that are sustained while the child is a viable, unborn human;
4. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.
5. Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
(l) “Physical harm to persons” means any injury, illness or other physiological impairment, regardless of its gravity or duration;
(m) “Physical harm to property” means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. “Physical harm to property” does not include wear and tear occasioned by normal use.
(n) “Privilege” means an immunity, license or right conferred by law or bestowed by express or implied grant or arising out of status, position, office or relationship or growing out of necessity;
(o) (1) “Property” means any property, real or personal, tangible or intangible, and any interest or license in that property. “Property” includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computer, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright or patent. “Financial instruments associated with computers” include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
(2) As used in this subsection “trade secret” has the same meaning as in Ohio R.C. 1333.61 and “telecommunications service” and “information service” have the same meanings as in Section 642.01.
(3) As used in this subsection and subsection (b) hereof, “cable television service,” “computer,” “computer software,” “computer system,” “computer network,” “data” and “telecommunications device” have the same meanings as in Section 642.01.
(p) “Provider agreement” and “medical assistance program” have the same meanings as in Section 642.32;
(q) “Public official” means any elected or appointed officer or employee or agent of the State or the Municipality, whether in a temporary or permanent capacity, and includes, but is not limited to, legislators, judges and law enforcement officers;
(r) “Public servant” means any of the following:
(1) Any public official;
(2) Any person performing ad hoc a governmental function, including, but not limited to, a juror, member of a temporary commission, master, arbitrator, advisor or consultant;
(3) A person who is a candidate for public office, whether or not the person is elected or appointed to the office for which the person is a candidate. A person is a candidate for the purposes of this subsection if the person has been nominated according to law for election or appointment to public office or if the person has filed a petition or petitions as required by law to have the person's name placed on the ballot in a primary, general or special election or if the person campaigns as a write-in candidate in any primary, general or special election;
(s) “Risk” means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist;
(t) “School safety zone,” “school,” “school building,” “school premises,” “school activity” and “school bus” are defined as follows:
(1) “School safety zone” consists of a school, school building, school premises, school activity and school bus.
(2) “School,” “school building” and “school premises” have the same meanings as in Section 624.01 of this General Offenses Code.
(3) “School activity” means any activity held under the auspices of a board of education of a city, local exempted village, joint vocational or cooperative education school district, a governing board of an educational service center, or the governing body of a school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07.
(4) “School bus” has the same meaning as in Section 402.37 of the Traffic Code.
(u) “Serious physical harm to persons” means any of the following:
(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
(2) Any physical harm that carries a substantial risk of death;
(3) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
(4) Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;
(5) Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain;
(v) “Serious physical harm to property” means any physical harm to property that does either of the following:
(1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort or money to repair or replace;
(2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use or enjoyment for an extended period of time;
(w) “Substantial risk” means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist;
(x) “Valuable thing or valuable benefit” includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in the terms “valuable thing” and/or “valuable benefit” before September 17, 1986. (ORC 2901.01, 2921.01)