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Centerville, OH Code of Ordinances
CENTERVILLE MUNICIPAL CODE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER OF THE MUNICIPALITY OF CENTERVILLE MONTGOMERY COUNTY, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
CHAPTER 606 General Provisions; Administration and Enforcement
CHAPTER 612 Alcoholic Beverages
CHAPTER 618 Animals
CHAPTER 624 Drugs
CHAPTER 628 Fair Housing
CHAPTER 630 Gambling
CHAPTER 636 Offenses Relating to Persons
CHAPTER 642 Offenses Relating to Property
CHAPTER 648 Peace Disturbances
CHAPTER 660 Safety, Sanitation and Health
CHAPTER 666 Sex Related Offenses
CHAPTER 672 Weapons and Explosives
CHAPTER 698 Penalties and Sentencing
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
Centerville, OH Zoning Code
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606.25   IMPERSONATING AN OFFICER.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Federal law enforcement officer.” 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.
      (2)   “Impersonate.” 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.
      (3)   “Investigator of the Bureau of Criminal Identification and Investigation.” Has the same meaning as in Ohio R.C. 2903.11.
      (4)   “Peace officer.” 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 R.C. § 3735.31(D); a member of a police force employed by a regional transit authority under R.C. § 306.35(Y); a state university law enforcement officer appointed under R.C. § 3345.04; a veterans’ home police officer appointed under R.C. § 5907.02; a special police officer employed by a port authority under 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.
      (5)   “Private police officer.” Any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.
   (b)   No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer.
   (c)   No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer, 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 Municipality or the State, or investigator of the Bureau of Criminal Identification and Investigation.
   (e)   No person shall commit a felony while impersonating a peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation.
   (f)   It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation was for a lawful purpose.
   (g)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (d) of this section is to commit or facilitate the commission of a felony, a violation of division (d) is a felony to be prosecuted under appropriate State law. Whoever violates division (e) of this section is guilty of a felony to be prosecuted under appropriate State law.
(ORC 2921.51)
606.26   DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
   (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)
606.27   PAYMENT OF COSTS OF CONFINEMENT.
   (a)   Any person convicted of a criminal offense other than a minor misdemeanor and who, as a consequence thereof, is confined to jail, shall reimburse the City for its expenses incurred by reason of his or her confinement, including, but not limited to, expenses relating to the provisions of food, clothing, medical care and shelter.
   (b)   The Law Director is hereby authorized to institute any appropriate civil suit in any court having jurisdiction for recovery of the expenses referred to in division (a) of this section, the amount of the reimbursement to be determined by the court pursuant to Ohio R.C. 2929.15.
(Ord. 7-85. Passed 6-17-86; Ord. 26-24. Passed 11-18-24.)
606.28   USING SHAM LEGAL PROCESS.
   (a)   For the purpose of this section, the following definitions shall apply:
      (1)   “Lawfully issued.” Adopted, issued, or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.
      (2)   “Political subdivisions.” Municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
      (3)   “Sham legal process.” An instrument that meets all of the following conditions:
         A.   It is not lawfully issued.
         B.   It purports to do any of the following:
            1.   To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
            2.   To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
            3.   To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
         C.   It is designed to make another person believe that it is lawfully issued.
      (4)   “State.” A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. “State” does not include the political subdivisions of the state.
   (b)   No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
      (1)   Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.
      (2)   Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
      (3)   Knowingly commit or facilitate the commission of an offense using sham legal process.
      (4)   Knowingly commit a felony by using sham legal process.
   (c)   It is an affirmative defense to a charge under division (b)(1) or (2) of this section that the use of sham legal process was for a lawful purpose.
   (d)   Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate State law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2921.52(A) - (D))
606.29   FAILURE TO DISCLOSE PERSONAL INFORMATION.
   (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 property;
         C.   Any attempt or conspiracy to commit, or complicity in committing, any offenses identified in division (a)(2)A. or (a)(2)B. of this section;
         D.   Any conduct reasonably indicating that any offense identified in division (a)(2)A. or (a)(2)B. of this section or any attempt, conspiracy, or complicity described in division (a)(2)C. of this section has been, is being, or is about to be committed.
   (b)   Whoever violates division (a) of this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.
   (c)   Nothing in division (a) of this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in division (a) of this section authorizes a law enforcement officer to arrest a person for not providing any information beyond the person’s name, address, or date of birth or for refusing to describe the offense observed.
   (d)   It is not a violation of division (a) 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)
   (e)   No person entering an airport, train station, port, or other similar critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer when there is a threat to security and the law enforcement officer is requiring identification of all persons entering the site.
   (f)   A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (e) of this section from entering the critical transportation infrastructure site.
(ORC 2909.31)
606.30   MISUSE OF 9-1-1 SYSTEM.
   (a)   As used in this section, "9-1-1 system" means a system through which individuals can request emergency service using the access number 9-1-1.
(ORC 128.01(A))
   (b)   No person shall knowingly use the telephone number of a 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if the person 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 database 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 wireless telephone network portion of the 9-1-1 system not allowing access to the database to be restricted to 9-1-1 specific answering lines at a public safety answering point;
      (4)   In the circumstance of access to a database being given by a telephone company that is a wireless 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 database shall be subject to the jurisdiction of the Steering Committee;
      (5)   In the circumstance of access to a database 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 database is subject to the jurisdiction of the Steering Committee.
(ORC 128.96(F) - (H))
   (e)   (1)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.
      (2)   Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(ORC 128.99(A), (B))
606.31   SELF-DEFENSE; LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.
   (a)   As used in this section, “residence” has the same meaning as in R.C. § 2901.05.
   (b)   For purposes of any section of this code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence if that person is in a place in which the person lawfully has a right to be.
   (c)   A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
(ORC 2901.09)