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(a) No person shall negligently cause the death of another by means of a deadly weapon or dangerous ordnance as defined in Section 627.01.
(b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.
(RC 2903.05; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft or aircraft shall negligently cause the death of another.
(b) Whoever violates this section is guilty of vehicular homicide, a misdemeanor of the first degree. If the jury or judge as trier of fact in the case in which the person is convicted finds that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, at the time of the commission of the offense, the offender shall in addition be given mandatory sentence and license revocation found in RC 4507.16.
(c) To assist the trier of fact in determining whether the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the concentration of alcohol in the offender’s blood, breath or urine as shown by a chemical test taken pursuant to RC 1547.111 or 4511.191 may be considered as a competent evidence and the offender shall be presumed to have been under the influence of alcohol if there was at the time the bodily substance was withdrawn for the chemical test a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in the offender’s blood, ten- hundredths (0.10) of one (1) gram or more by weight of alcohol per 210 liters of his or her breath, or fourteen- hundredths (0.14) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her urine.
(RC 2903.07).
(d) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.07.
(Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)
(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)
(a) No child between the ages of six (6) and seventeen (17), inclusive, shall knowingly cause or attempt to cause physical harm to an official or employee of the Cleveland City School District or City of Cleveland while performing his or her official duties.
(b) Each parent or legal guardian of a child between the ages of six (6) and seventeen (17), inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
(c) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; or
(2) Can demonstrate based upon the records of the Cleveland City School District that they have been actively working with officials of the Cleveland City School District regarding the behavior of the child prior to the time that the child was found violating division (a) of this section.
(d) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(e) Any school official or employee who has knowledge that a child between the ages of six (6) and seventeen (17), inclusive, has caused or attempted to cause physical harm to an official or employee of the Cleveland City School District or City of Cleveland while performing his or her official duties shall immediately notify the Chief of Police or his or her designee and request the assistance of the Division of Police. This division (e) shall not apply to any school official or employee who has personal knowledge that the notification required by this division (e) has already been given with respect to a particular assault. The notification required by this division (e) shall be separate from and in addition to any notification regarding prohibited weapons required to be given pursuant to Section 627.082.
(f) Any person who violates division (b) or division (e) of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)
(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 627.01 cause physical harm to another.
(b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.
(RC 2903.14; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of such other person or member of his or her immediate family.
(b) Whoever violates this section is guilty of aggravated menacing, a misdemeanor of the first degree.
(RC 2903.21; Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
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