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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE I: GENERAL OFFENSES
TITLE III: CONSUMER PROTECTION
TITLE V: DISCRIMINATION
TITLE VII: BUSINESS REGULATION
TITLE IX: AMUSEMENTS
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 621.04 Negligent Assault
   (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)
§ 621.05 Reserved
§ 621.06 Aggravated Menacing
   (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)
§ 621.07 Menacing
   (a)   No person shall knowingly cause another to believe that the offender will cause 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 menacing, a misdemeanor of the fourth degree.
(RC 2903.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
§ 621.071 Menacing by Stalking
   (a)   No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
   (b)   Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree.
   (c)   RC 2919.27 applies in relation to a defendant charged with violation of this section.
   (d)   As used in this section:
      (1)   “Pattern of conduct” means two (2) or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity may constitute a “pattern of conduct.”
      (2)   “Mental distress” means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
      (3)   “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in RC 2133.21.
      (4)   “Emergency facility person” is the singular of “emergency facility personnel” as defined in RC 2909.04.
      (5)   “Public official” has the same meaning as in RC 2921.01.
   (e)   This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.211.
(RC 2903.211; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
§ 621.072 Exceptions to Aggravated Menacing and Menacing
   Sections 621.06 and 621.07 do not apply if the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s employee’s performance or anticipated performance of official responsibilities or duties or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties.
(RC 2903.214; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
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