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(a) Definitions. As used in this section:
(1) "City recording device" means a wearable camera system, dashcam, or other device capable of making a video recording that is issued to a police officer for use in the course of the officer's official duties.
(2) "Dashcam" means a video-recording device installed in a City police vehicle by the City, or a City-authorized party, for the purpose of recording video in and around the vehicle.
(3) "Deadly force" means any action that is likely to cause or does cause death or serious physical harm to any person.
(4) "Extraordinary circumstances" means, but is not limited to, any one (1) of the following: terrorist attack; mass-shooting incident; cyberattack; riot; strike; flooding; disruption of City operations by a natural disaster; disruption of City operations through loss of electrical power or other utility outage, or similar circumstances beyond the City's control.
(5) "Footage" means that portion of a video recording made by a City recording device that documents an incident.
(6) "Incident" means a police officer's use of deadly force against a person or use of force resulting in serious physical harm to a person.
(7) "Petition" means a written request for the release of footage made pursuant to this section rather than the Ohio Public Records Act that reasonably describes the incident for which the request was made.
(8) "Petitioner" means an individual who has submitted a petition pursuant to this section.
(9) "Police officer" means any sworn law enforcement agent employed by or volunteering for the Division of Police, Department of Public Safety of the City of Cleveland, including a supervisor or reserve officer, that is engaged in his or her official duties.
(10) "Serious physical harm" means: any physical harm that carries a substantial risk of death; any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary substantial incapacity; any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement; or 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.
(11) "Wearable Camera System" means a body worn digital recording device with secured internal memory for storage of recorded video and audio, which operates in two (2) modes, buffering and event, that is issued by the City to a police officer, and that is designed to be worn or otherwise utilized by the police officer in the course of the officer's duties.
(b) The Director of Public Safety, in consultation with the Chief of Police, shall release footage, redacted as consistent with applicable state and federal laws, within seven (7) days of any incident involving a police officer's use of deadly force against a person or use of force causing serious physical harm to a person. The released footage shall be from at least three (3) City recording devices or, if the incident is recorded by fewer than three (3) such devices, the released footage shall be from all City recording devices that recorded the incident. The released footage shall begin at least sixty (60) seconds prior to the incident or at the beginning of the recording, whichever is shorter. Footage is released by making it publicly available on the City website.
(c) In addition to the footage released pursuant to division (b) of this section, the Director of Public Safety, in consultation with the Chief of Police, shall release all remaining footage of the incident, redacted as consistent with applicable state and federal laws, within thirty (30) days of the incident. The released footage shall begin at least sixty (60) seconds prior to the incident or at the beginning of the recording, whichever is shorter. Footage is released by making it publicly available on the City website.
(d) Any person allegedly aggrieved by the failure of the Director of Public Safety and the Chief of Police to release footage as set forth in divisions (b) or (c) of this section may file a written petition with the Director of Law for the release of the footage. The petition shall include contact information where the petitioner may receive written correspondence. After receipt of the petition, the Director of Law shall determine whether the requested footage exists, and if such footage exists, shall cause it to be released within seven (7) days of receipt of the petition. Such release shall be in the same manner as set forth in divisions (b) or (c) of this section. If the requested footage does not exist or cannot be reasonably identified, the Director of Law shall notify the petitioner in writing within seven (7) days of receipt of the petition.
(e) The Director of Public Safety, the Chief of Police and the Director of Law are not required to release footage of an incident when the release is prohibited by court order or some other legal prohibition that requires denying the release of the footage.
A showing of the existence of a court order or other legal prohibition is a complete defense to any action made to compel the release of footage under this section.
(f) The requirement to release footage within the time frames set forth in divisions (b), (c) and (d) of this section does not apply in extraordinary circumstances, during which the release of requested footage shall be within a reasonable time.
(g) If a petitioner is allegedly aggrieved by the failure of the Director of Law to release footage as required under division (d) of this section, the aggrieved petitioner may file an action in mandamus against the Director of Law.
(Ord. No. 694-2021. Passed 8-10-22, eff. 8-17-22)
In addition to the ranks established by Section 135.09, the Division of Police shall include outside of said ranks the positions of Junior Assistant Secretary of Police, Surgeon of Police, and Superintendent of Criminalistics, which positions shall be in the classified civil service.
(Ord. No. 1098-85. Passed 6-24-85, eff. 7-1-85)
(a) There shall be in the Division of Police a position to be known as Secretary of Police, the compensation for which shall be at the rate fixed for the rank of Captain of Police.
(b) The position shall have the incidences prescribed by RC 124.51.
(Ord. No. 939-69. Passed 9-22-69, eff. 9-24-69)
(a) There is established in the Department of Public Safety, a Division of Animal Care and Control, which shall consist of one (1) Chief Animal Control Officer and at least one (1) animal control officer permanently assigned to each of the five (5) police districts on a full-time basis, and other animal control officers as the Director of Public Safety deems necessary. All of these employees shall be uniformed employees under the control and management of the Director, who shall designate the kind of uniform to be worn and direct the operation of the Chief and other animal control officers.
(b) The Chief Animal Control Officer and all other animal control officers are authorized to give notice and issue citations, in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure, to anyone found to be in violation of Section 603.01, Section 603.02 or Section 603.04. The Chief Animal Control Officer and all other animal control officers are hereby established as "dog wardens" for purposes of enforcing applicable statutes pertaining to animals under the Ohio Revised Code. The Chief Animal Control Officer and all other animal control officers are authorized with the power and duty to enforce and prosecute the provisions of Chapters 603 and 604.
(c) There is established in the Department of Public Safety, Division of Animal Care and Control, a Spay and Neuter Clinic, to be administered and controlled by a Veterinarian in Charge, subject to the direction of the Director of Public Safety. City residents may neuter or spay dogs or cats for the following fees:
Cat neuter | $25.00 |
Cat spay | $30.00 |
Dog neuter | $35.00 |
Dog spay | $40.00 |
All fees shall be paid to the City of Cleveland at the time the neuter or spay operation is performed.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)
The Director of Public Safety is authorized to accept, with the grateful appreciation of the City, the funds, other personal properties, and services unconditionally given as may from time to time be donated for the use and benefit of the Division of Animal Care and Control.
The Director of Public Safety is authorized, as part of general fundraising efforts for the Division of Animal Care and Control, to recognize a donor for their generosity and support by placing the donor's name in the interior of a building owned or operated by the City for the Division of Animal Care and Control and on outdoor animal cages. Donors shall not be conferred any legal right or entitlement to the naming and the Director shall at all times retain sole authority to select the donors to be so honored and the location, manner and duration of the naming. Donor recognition posted on the premises must be approved by the Director of Law. No donor's name shall be affixed to the exterior of a building owned or operated by the City of Cleveland.
(Ord. No. 200-17. Passed 4-3-17, eff. 4-5-17)
All moneys accepted under Section 135.17 shall be placed to the credit of the Division of Animal Care and Control in a special revenue fund. The moneys deposited in the special revenue fund shall be expended for the benefit of the Division of Animal Care and Control at the discretion of the Director of Public Safety, or in the manner and for the specific purpose named in the gift.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)
Expenditures from accounts shall be made on vouchers signed by the Director of Public Safety, or his or her designee, when the amount is less than ten thousand dollars ($10,000.00); otherwise such expenditure shall first be authorized by ordinance of Council in the manner provided in Charter Section 108. No part of any funds credited to the accounts shall be paid to or for the benefit of any officer or employee, either as additional compensation or as reimbursement for expenses incurred, or paid for purposes other than those directly benefiting the Division of Animal Care and Control or in any manner other than that applicable to the expenditure of other public funds, unless the payment is specifically provided for in the terms of the gift or authorized by resolution or ordinance of Council.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)
The Director of Public Safety is authorized to apply for and accept any reward in the nature of money, property or services to which the Division of Police may be entitled under the BP Oil Company Shield Program. The Director is further authorized to file all papers and execute all documents necessary to receive the rewards. Any such reward shall be used for the benefit of the Division of Police, unconditionally or limited by such conditions as the donor may impose, and any such reward monies are hereby appropriated for the benefit of the Division of Police and for the purposes specified by the donor. The Director shall report the acceptance of any such reward to the Clerk of Council.
(Ord. No. 1703-91. Passed 7-24-91, eff. 7-31-91)
No person shall refuse to obey any subpoena issued under the authority of Charter Section 115-3, nor refuse to produce books, papers or other evidence required by the Police Review Board, or a committee or person authorized by it.
(Ord. No. 1256-99. Passed 7-14-99, eff. 7-14-99)
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