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East Palestine Overview
East Palestine, OH Code of Ordinances
CODIFIED ORDINANCES OF EAST PALESTINE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
PRELIMINARY UNIT
CHARTER OF THE MUNICIPALITY OF EAST PALESTINE
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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   636.17   ETHNIC INTIMIDATION.
   (a)   No person shall violate Ohio R.C. 2903.21, 2903.22, 2909.06, or 2909.07, or Ohio R.C. 2917.21(A)(3), (4), or (5), or any substantially equivalent municipal ordinance to any of these sections, by reason of the race, color, religion, or national origin of another person or group of persons.
   (b)   Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation. In the case of an offense that is a misdemeanor of the first degree, ethnic intimidation is a felony to be prosecuted under appropriate state law.
(ORC 2927.12)
   636.18   FAILING TO PROVIDE FOR A FUNCTIONALLY IMPAIRED PERSON.
   (a)   No caretaker shall knowingly fail to provide a person with a functional impairment under the caretaker’s care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in physical harm or serious physical harm to the person with a functional impairment.
   (b)   No caretaker shall recklessly fail to provide a person with a functional impairment under the caretaker’s care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in serious physical harm to the person with a functional impairment.
   (c)   (1)   Whoever violates division (a) of this section is guilty of knowingly failing to provide for a person with a functional impairment, a misdemeanor of the first degree. If the person with a functional impairment under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (a) of this section is a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (b) of this section is guilty of recklessly failing to provide for a person with a functional impairment, a misdemeanor of the second degree. If the person with a functional impairment under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (b) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.16)
   (d)   As used in this section:
      (1)   “Caretaker.” A person who assumes the duty to provide for the care and protection of a person with a functional impairment on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. The term does not include a person who owns, operates, or administers, or who is an agent or employee of, a care facility, as defined in R.C. § 2903.33.
      (2)   “Person with a functional impairment.” Any person who has a physical or mental impairment that prevents the person from providing for the person’s own care or protection or whose infirmities caused by aging prevent the person from providing for the person’s own care or protection.
(R.C. § 2903.10)
   636.19   FAILURE TO PERFORM VIABILITY TESTING.
   (a)   Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in the physician’s good faith medical judgment, that the unborn child is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing to be performed those tests for assessing gestational age, weight, lung maturity, or other tests that the physician, in that physician’s good faith medical judgment, believes are necessary to determine whether an unborn child is viable.
   (b)   Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation without first entering the determination made in division (a) of this section and the associated findings of the medical examination and tests in the medical record of the pregnant woman.
   (c)   Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.
   (d)   The State Medical Board shall suspend a physician’s license to practice medicine in this state for a period of not less than six months if the physician violates this section.
(ORC 2919.18)
   636.20   PURCHASE OR POSSESSION OF TOBACCO PRODUCTS IN PUBLIC BY PERSONS UNDER THE AGE OF 18 YEARS.
   (a)   Definitions.
      (1)   “Public place” means any public street, sidewalk or park, or any area open to the general public in any publicly-owned or operated building.
      (2)   “Tobacco product” means any product that contains tobacco and is intended for human consumption.
   (b)   Prohibitions.
      (1)   It is unlawful for a person who has not attained 18 years of age:
         A.   To possess a tobacco product in a public place.
         B.   To purchase or accept receipt of a tobacco product, or to offer to any person any purported proof of age which is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco product.
      (2)   It is not unlawful for a person under 18 years of age to handle or transport tobacco products as a part of and in the course of such person's employment.
   (c)   Penalties. Whoever violates this section shall be guilty of a minor misdemeanor and shall be subject to the penalty provided in Chapter 698. The Juvenile Court may, in its discretion, also impose community service work in lieu of a fine.
(Ord 8-00. Passed 3-13-00.)
   636.21   UNLAWFUL COLLECTION OF BODILY SUBSTANCES.
   (a)   No person shall knowingly collect any blood, urine, tissue, or other bodily substance of another person without privilege or consent to do so.
   (b)   (1)   Division (a) of this section does not apply to any of the following:
         A.   The collection of any bodily substance of a person by a law enforcement officer, or by another person pursuant to the direction or advice of a law enforcement officer, for purposes of a chemical test or tests of the substance under Ohio R.C. 1547.111(A)(1) or Ohio R.C. 4511.191(A)(2) to determine the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the bodily substance;
         B.   The collection of any bodily substance of a person by a peace officer, or by another person pursuant to the direction or advice of a peace officer, for purposes of a test or tests of the substance as provided in Ohio R.C. 4506.17(A) to determine the person's alcohol concentration or the presence of any controlled substance or metabolite of a controlled substance.
      (2)   Division (b)(1) of this section shall not be construed as implying that the persons identified in divisions (b)(1)A. and B. of this section do not have privilege to collect the bodily substance of another person as described in those divisions or as limiting the definition of "privilege" set forth in Ohio R.C. 2901.01.
   (c)   Whoever violates division (a) of this section is guilty of unlawful collection of a bodily substance. Except as otherwise provided in this division, unlawful collection of a bodily substance is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (a) of this section or a substantially equivalent State law or municipal ordinance, unlawful collection of a bodily substance is a felony to be prosecuted under appropriate State law.
(ORC 2927.15)