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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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529.12 CONVEYING INTOXICATING LIQUOR OR CASH ONTO GROUNDS OF DETENTION FACILITIES OR OTHER SPECIFIED GOVERNMENTAL FACILITIES.
   (a)   No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution, office building or other place that is under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services or the Department of Rehabilitation and Correction, any of the following items:
      (1)   Any deadly weapon or dangerous ordnance, as defined in Ohio R.C. 2923.11, or any part of or ammunition for use in the deadly weapon or dangerous ordnance.
      (2)   Any drug of abuse, as defined in Ohio R.C. 3719.011.
      (3)   Any intoxicating liquor, as defined in R.C. § 4301.01, except for small amounts of wine for sacramental purposes when the person engaging in the specified conduct is a cleric, as defined in R.C. § 2317.02.
   (b)   Division (a) of this section does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution, office building or other place under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services or the Department of Rehabilitation and Correction, with written authorization of the person in charge of the detention facility or the institution and in accordance with the written rules of the detention facility or the institution, office building or other place.
   (c)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, to a prisoner who is temporarily released from confinement for a work assignment, or to any patient in an institution under the control of the Department of Mental Health and Addiction Services, or the Department of Developmental Disabilities, any item listed in division (a).
   (d)   No person shall knowingly deliver or attempt to deliver cash to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment.
   (e)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment a cellular telephone, two-way radio or other electronic communications device.
   (f)   (1)   It is an affirmative defense to a charge under division (a)(1) of this section that the weapon or dangerous ordnance in question was being transported in a motor vehicle for any lawful purpose, that it was not on the actor's person, and if the weapon or dangerous ordnance was a firearm, that it was unloaded and was being carried in a closed package, box or case or in a compartment that can be reached only by leaving the vehicle.
      (2)   It is an affirmative defense to a charge under division (c) of this section that the actor was not otherwise prohibited by law from delivering the item to the confined person, the child, the prisoner or the patient and that either of the following applies:
         A.   The actor was permitted by the written rules of the detention facility or the institution, office building or other place to deliver the item to the confined person or the patient.
         B.   The actor was given written authorization by the person in charge of the detention facility or the institution, office building or other place to deliver the item to the confined person or the patient.
   (g)   (1)   Whoever violates division (a)(1) of this section or commits a violation of division (c) of this section involving any item listed in division (a)(1) of this section is guilty of illegal conveyance of weapons onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate State law.
      (2)   Whoever violates division (a)(2) of this section or commits a violation of division (c) of this section involving any drug of abuse is guilty of illegal conveyance of drugs of abuse onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate State law.
      (3)   Whoever violates division (a)(3) of this section or commits a violation of division (c) of this section involving any intoxicating liquor is guilty of illegal conveyance of intoxicating liquor onto the grounds of a specified governmental facility, a misdemeanor of the second degree.
      (4)   Whoever violates division (d) of this section is guilty of illegal conveyance of cash onto the grounds of a detention facility, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (d) of this section or a substantially equivalent State law or municipal ordinance, illegal conveyance of cash onto the grounds of a detention facility is a felony to be prosecuted under appropriate State law.
      (5)   Whoever violates division (e) of this section is guilty of illegal conveyance of a communications device onto the grounds of a specified governmental facility, a misdemeanor of the first degree. If the offender previously has been convicted or pleaded guilty to a violation of division (e) of this section or a substantially equivalent State law or municipal ordinance, illegal conveyance of a communications device onto the grounds of a detention facility is a felony to be prosecuted under appropriate State law.
(ORC 2921.36)
529.13 SALES OF LOW-ALCOHOL BEVERAGES TO UNDERAGE PERSONS; PROHIBITIONS AND MISREPRESENTATIONS.
   (a)   As used in this section,"underage person" means a person under 18 years of age.
   (b)   No underage person shall purchase any low-alcohol beverage.
   (c)   No underage person shall order, pay for, share the cost of, or attempt to purchase any low- alcohol beverage.
   (d)   No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low-alcohol beverage for an underage person, by purchase or as a gift.
   (e)   No underage person shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining any low- alcohol beverage in any place in this Municipality.
   (f)   No person shall sell or furnish any low-alcohol beverage to, or buy any low-alcohol beverage for, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.
   (g)   (1)   No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming any low-alcohol beverage, unless the low-alcohol beverage is given to the person possessing or consuming it by that person's parent, spouse who is not an underage person, or legal guardian, and the parent, spouse who is not an underage person, or legal guardian is present when the person possesses or consumes the low- alcohol beverage.
      (2)   An owner of a public or private place is not liable for acts or omissions in violation of division (g)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.
   (h)   No permit issued by the Division of Liquor Control shall be suspended, revoked, or cancelled because of a violation of either division (f) or (g).
   (i)   No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he or she is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his or her practice or given for established religious purposes.
   (j)   No parent, spouse who is not an underage person, or legal guardian of an underage person shall knowingly permit the underage person to violate this section.
(ORC 4301.631)
   (k)   No low-alcohol beverage shall be sold to any person under 18 years of age.
(ORC 4301.22)
   (l)   Whoever violates division (b) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of division (b) of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed.
(ORC 4301.99(E))
   (m)   Whoever violates subsections (c) through (k) hereof is guilty of a misdemeanor of the fourth degree.
(ORC 4301.99(B))
529.14 ALCOHOL VAPORIZING DEVICES PROHIBITED.
   (a)   As used in this section, “alcohol vaporizing device” means a machine or other device that mixes beer or intoxicating liquor with pure oxygen or any other gas to produce a vaporized product for the purpose of consumption by inhalation.
   (b)   No person shall sell or offer for sale an alcohol vaporizing device.
   (c)   No person shall purchase or use an alcohol vaporizing device.
(ORC 4301.65)
   (d)   (1)   Whoever violates division (b) of this section is guilty of misdemeanor of the third degree. For a second or subsequent violation occurring within a period of five consecutive years after the first violation, a person is guilty of a misdemeanor of the first degree.
(ORC 4301.99(J))
      (2)   Whoever violates division (c) of this section is guilty of a minor misdemeanor.
(ORC 4301.99(A))
529.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)