(a) No person shall knowingly cause or attempt to cause physical harm to another.
(b) No person shall recklessly cause serious physical harm to another.
(c) Whoever violates this section is guilty of assault, a misdemeanor of the first degree.
(d) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was any of the following:
(1) An official or employee of the Cleveland City School District or the City of Cleveland; or
(2) A member of the City's Auxiliary Police Force; or
(3) A school crossing guard or his or her alternate; or
(4) A volunteer working on school property, whether public or private, or at a City-owned recreation center; or
(5) A taxicab driver licensed under Chapter 443 of the Codified Ordinances; or
(6) A Regional Transit Authority worker, driver or operator or any other public transportation system worker, driver or operator,
and the court further determines that the victim was performing his or her official duties at the time of the offense, 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. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment.
(e) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was a child between the ages of six (6) and seventeen (17) and was in attendance in a facility owned by the Cleveland City School District at the time of the offense, 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. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment.
(f) This section does not apply where the offense constitutes a felony pursuant to RC 2903.13.
(Ord. No. 167-13. Passed 4-15-13, eff. 4-19-13)