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(a) Any property, other than contraband that is subject to the provisions of RC 2933.43 and other than property that has been lawfully seized in relation to a violation of RC 2933.42 or forfeited pursuant to federal law and required to be used for law enforcement purposes, that has been lost, abandoned, stolen or lawfully seized or forfeited, and that is in the custody of the Division of Police, shall be safely kept pending the time it is no longer needed as evidence, and disposed of pursuant to this section.
(b) The Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, and to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the property in custody and inviting persons to view and establish their right to view and establish their right to it.
(c) A person loses any right he or she may have to possession of property if either of the following apply:
(1) Which was the subject, or was used in a conspiracy or attempt to commit, or the commission of an offense other than a traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense;
(2) When a court determines that the property should be forfeited because, in light of the nature of the property or the circumstances of such person, it is unlawful for him or her to acquire or possess it.
(d) Unclaimed and forfeited property in the custody of the Division, other than contraband that is subject to the provisions of RC 2933.43 and other property that has been lawfully seized in relation to a violation of RC 2923.32, shall be disposed of as follows:
(1) Drugs shall be destroyed, or placed in custody of the Secretary of the Treasury of the United States, for disposal or use for medical or scientific purposes under applicable Federal law;
(2) Firearms and dangerous ordinances so seized and remaining unclaimed shall be destroyed after ninety (90) days from date of notice given pursuant to division (b) of this section. Proper records shall be kept listing type, serial number and date of destruction. Records shall be open to public inspection;
(3) Obscene materials shall be destroyed;
(4) Other unclaimed or forfeited property shall be sold at public auction, subject to the provisions of division (a) of this section, held no less than thirty (30) days from the date of the newspaper notice provided for in division (b) of this section, except that forfeited property, excluding money but including motor vehicles, notwithstanding division (f) of this section, may be retained by the Division of Police, if the Chief of Police determines that it is suitable for use in the work of the Division of Police.
(e) The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)
(a) For the purpose of locating stolen motor vehicles and/or stolen motor vehicle parts, the Chief of Police, or his or her authorized representative, may inspect any motor vehicle, as defined in RC 4501.01 and may inspect any motor vehicle part that has been marked with an identifying number by the manufacturer, situated in the City of Cleveland in any public garage, community garage, storage garage, service garage, repair shop, parking lot, auto sales lot, vehicle leasing or rental lot, motor vehicle salvage facility, scrap metal processing facility, auto wrecking yard, junk yard, or other similar establishment, and may inspect the title, registration, vehicle identification number, or license plates of the vehicle in order to establish the rightful ownership or possession of the vehicle or vehicle part.
(b) For the purpose of locating a stolen vehicle, the Chief of Police, or his or her authorized representative, may inspect implements of husbandry and construction equipment in places described in division (a) of this section.
(c) Whenever possible, inspections conducted pursuant to division (a) or (b) of this section shall be conducted at a time and in a manner so as to minimize any interference with, or delay of, business operations.
(d) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance of a police officer from inspecting any place described in division (a), shall do any act which hampers or impedes a police officer from making an inspection pursuant to this section.
Whoever violates this section is guilty of obstructing vehicle inspections, a misdemeanor of the second degree.
(Ord. No. 137-86. Passed 1-13-86, eff. 1-16-86)
(a) Whoever is convicted of or pleads guilty to a misdemeanor as classified in the Codified Ordinances (the “offender”), other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
Whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of Section 623.01 that is a misdemeanor, or a violation of division (a)(2) of Section 623.02 when the means used are fire or explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with RC 2929.28.
Misdemeanor Classification
|
Maximum Imprisonment Term
|
Maximum Fine |
1st degree | 6 months | $1,000.00 |
2nd degree | 90 days | $750.00 |
3rd degree | 60 days | $500.00 |
4th degree | 30 days | $250.00 |
Minor | No imprisonment | $150.00 |
(RC 2929.21)
(b) Notwithstanding the provisions of division (a) of this section, if the sentencing court determines that the victim of an offense set forth in Section 619.04, 621.03, 621.06, 621.07, 621.09, 621.10, 621.11, 623.01, 623.02, 623.03, 623.04, 625.05, 625.07, 625.12, 625.17, 625.20 or 625.26 of these Codified Ordinances was sixty (60) years of age or older at the time of the commission of the offense:
(1) In the case of offenses which are classified misdemeanors of the first degree, the court shall set the offender’s fine at one thousand dollars ($1,000.00) and in addition to said fine, shall sentence the offender to not less than sixty (60) days’ and not more than six (6) months’ imprisonment;
(2) In the case of offenses which are classified minor misdemeanors or misdemeanors of the second, third or fourth degree, the penalty for the offense shall be the next greater degree of misdemeanor than that which is set forth in the section defining the offense.
A. In the case of offenses which become misdemeanors of the first degree pursuant to this division, the court shall set the offender’s fine at not less than seven hundred fifty dollars ($750.00) and, in addition to said fine, shall sentence the offender to not less than sixty (60) days imprisonment.
B. In the case of offenses which become misdemeanors of the second degree pursuant to this division, the court shall set the offender’s fine at not less than five hundred dollars ($500.00) and, in addition to said fine, shall sentence the offender to not less than thirty (30) days’ imprisonment.
C. In the cases of offenses which become misdemeanors of the third degree pursuant to this division, the court shall set the offender’s fine at not less than two hundred fifty dollars ($250.00) and, in addition to said fine, shall sentence the offender to not less than fifteen (15) days’ imprisonment.
D. In the case of offenses which become misdemeanors of the fourth degree pursuant to this division, the court shall set the offender’s fine at not less than one hundred dollars ($100.00) and, in addition to said fine, shall sentence the offender to not less than ten (10) days’ imprisonment.
(3) Where applicable, the court may require the offender to make restitution for all or part of the property damage that is caused by his or her offense and for all or part of the value of the property that is the subject of any theft offense;
(4) The minimum fines and imprisonment to be imposed by the court pursuant to divisions (b)(1) and (b)(2) of this section are mandatory. The court shall not suspend all or any portion of said minimum fines and imprisonment.
(c) Regardless of the penalties provided in division (a) of this section, an organization convicted of an offense pursuant to Section 601.10 shall be fined, which fine shall be fixed by the court as follows:
Type of Misdemeanor
|
Maximum Fine
|
Type of Misdemeanor
|
Maximum Fine
|
1st degree | $5,000.00 |
2nd degree | $4,000.00 |
3rd degree | $3,000.00 |
4th degree | $2,000.00 |
Minor | $1,000.00 |
Misdemeanor not specifically classified | $2,000.00 |
Minor misdemeanor not specifically classified | $1,000.00 |
(1) When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this division (c);
(2) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this division (c), then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense;
(3) This division (c) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 601.10, either in addition to or in lieu of a fine imposed pursuant to this division (c).
(RC 2929.31; Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)