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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
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Trees, Weeds and Grasses
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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537.14 NONSUPPORT OF DEPENDENTS.
   (a)   No person shall abandon, or fail to provide adequate support to:
      (1)   The person’s spouse, as required by law;
      (2)   The person’s child who is under age 18, or the persons’s child with a mental or physical disability who is under age 21;
      (3)   The person’s aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent’s own support.
   (b)   (1)   No person shall abandon, or fail to provide support as established by court order to, another person whom, by court order or decree, the person:
         A.   Is legally obligated to support; or
         B.   Was legally obligated to support, and an amount for support:
            1.   Was due and owing prior to the date the person’s duty to pay current support terminated; and
            2.   Remains unpaid.
      (2)   The period of limitation under R.C. § 2901.13 applicable to division (b)(1)B. of this section shall begin to run on the date the person’s duty to pay current support terminates.
   (c)   No person shall aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in Ohio R.C. 2151.04, or a neglected child, as defined in Ohio R.C. 2151.03.
   (d)   It is an affirmative defense to a charge of failure to provide adequate support under division (a) of this section or a charge of failure to provide support established by a court order under division (b) of this section that the accused was unable to provide adequate support or the established support, but did provide the support that was within his or her ability and means.
   (e)   It is an affirmative defense to a charge under division (a)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age 18, or had a mental or physical disability and was under age 21.
   (f)   It is not a defense to a charge under division (b) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.
   (g)   (1)   Except as otherwise provided in this division, whoever violates division (a) or (b) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (a)(2) or (b) of this section or a substantially equivalent state law or municipal ordinance, or if the offender has failed to provide support under division (a)(2) or (b) of this section for a total accumulated period of 26 weeks out of 104 consecutive weeks, whether or not the 26 weeks were consecutive, then a violation of division (a)(2) or (b) of this section is a felony to be prosecuted under appropriate State law. If the offender previously has been convicted of or pleaded guilty to a felony violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(2) or (b) of this section is a felony to be prosecuted under appropriate State law.
      (2)   If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child as required by a child support order issued on or after April 15, 1985, pursuant to Ohio R.C. 2151.23, 2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, 3115.401, or former R.C. § 3115.31, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney’s fees of any adverse party other than the State, as determined by the court, that arose in relation to the charge.
      (3)   Whoever violates division (c) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of a violation of division (c) of this section is a separate offense.
(ORC 2919.21)
537.15 INTERFERENCE WITH CUSTODY.
   (a)   No person, knowing that he or she is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (a)(1), (2) or (3) of this section from the parent, guardian, or custodian of the person identified in division (a)(1), (2) or (3) of this section:
      (1)   A child under the age of 18, or a child with a mental or physical disability under the age of 21;
      (2)   A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;
      (3)   A person committed by law to an institution for persons with mental illnesses or an institution for persons with intellectual disabilities.
   (b)   No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.
   (c)   It is an affirmative defense to a charge of enticing or taking under division (a)(1) of this section that the actor reasonably believed that his or her conduct was necessary to preserve the child’s health or safety. It is an affirmative defense to a charge of keeping or harboring under division (a) of this section that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his or her shelter, protection, or influence.
   (d)   Whoever violates this section is guilty of interference with custody.
      (1)   Except as otherwise provided in this subdivision, a violation of division (a)(1) above is a misdemeanor of the first degree. If the child who is the subject of a violation of division (a)(1) is removed from the State or if the offender previously has been convicted of an offense under this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate State law. If the child who is the subject of a violation of division (a)(1) suffers physical harm as a result of the violation, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate State law.
      (2)   A violation of division (a)(2) or (3) of this section is a misdemeanor of the third degree.
      (3)   A violation of division (b) of this section is a misdemeanor of the first degree. Each day of a violation of division (b) is a separate offense.
(ORC 2919.23)
537.16 DOMESTIC VIOLENCE.
   (a)   Prohibited Conduct.
      (1)   No person shall knowingly cause or attempt to cause physical harm to a family or household member.
      (2)   No person shall recklessly cause serious physical harm to a family or household member.
      (3)   No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
      (4)   A.   Whoever violates this section is guilty of domestic violence, and the court shall sentence the offender as provided in divisions (a)(4)B. to (a)(4)E. of this section.
         B.   Except as otherwise provided in division (a)(4)C., (a)(4)D. or (a)(4)E. of this section, a violation of division (a)(3) is a misdemeanor of the fourth degree and a violation of division (a)(1) or (a)(2) is a misdemeanor of the first degree.
         C.   Except as otherwise provided in division (a)(4)D. of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211 or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of division (a)(1) or (a)(2) is a felony to be prosecuted under appropriate State law, and a violation of division (a)(3) is a misdemeanor of the second degree.
         D.   If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (a)(4)C. of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of division (a)(1) or (a)(2) of this section is a felony to be prosecuted under appropriate State law, and a violation of division (a)(3) of this section is a misdemeanor of the first degree.
         E.   Except as otherwise provided in division (a)(4)C. or (a)(4)D. of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (a)(1) or (a)(2) of this section is a felony to be prosecuted under appropriate State law, and a violation of division (a)(3) of this section is a misdemeanor of the third degree.
      (5)   Notwithstanding any provision of law to the contrary, no court or unit of State or local government shall charge any fee, cost, deposit or money in connection with the filing of charges against a person alleging that the person violated this section or a municipal ordinance substantially equivalent to this section or in connection with the prosecution of any charges so filed.
      (6)   As used in this section:
         A.   "Family or household member." Any of the following:
            1.   Any of the following who is residing or has resided with the offender:
               a.   A spouse, a person living as a spouse as defined below, or a former spouse of the offender;
               b.   A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
               c.   A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
            2.   The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
         B.   "Person living as a spouse." A person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
(ORC 2919.25)
   (b)   Temporary Protection Order. Consult Ohio R.C. 2919.26 for current provisions regarding protection orders.
   (c)   Violating a protection order, consent agreement, anti-stalking protection order or order issued by a court of another state. See Section 537.055(c) for current provisions.
537.17 SAFETY OF CROWDS ATTENDING LIVE ENTERTAINMENT PERFORMANCES.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   "Concert." A musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. A "concert" does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.
      (2)   "Facility." Any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including, but not limited to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.
      (3)   "Live entertainment performance." Any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. A "live entertainment performance" does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.
      (4)   "Person." Includes, in addition to an individual or entity specified in Ohio R.C. 1.59(C), any governmental entity.
      (5)   "Restricted entertainment area." Any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstiles or similar devices.
   (b)   (1)   No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:
         A.   A live entertainment performance that is not exempted under division (d) of this section, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public;
         B.   A concert that is not exempted under division (d) of this section and for which more than 3,000 tickets are offered to the public.
      (2)   No person shall advertise any live entertainment performance as described in division (b)(1)A. of this section or any concert as described in division (b)(1)B. of this section, unless the advertisement contains the words "Reserved Seats Only."
   (c)   Unless exempted by division (d)(1) of this section, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under division (e) of this section for a minimum of 90 minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.
   (d)   (1)   A live entertainment performance, other than a concert, is exempted from the provisions of divisions (b) and (c) of this section if both of the following apply:
         A.   The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstiles or similar devices are used, has at least eight turnstiles or similar devices.
         B.   The eight entrances or, if applicable, the eight turnstiles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.
      (2)   A.   The officer responsible for public safety in the Municipality may, upon application of the sponsor of a concert covered by division (b) of this section, exempt the concert from the provisions of that division if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of that division. In determining whether to grant an exemption, the officer shall consider the following factors:
            1.   The size and design of the facility in which the concert is scheduled;
            2.   The size, age and anticipated conduct of the crowd expected to attend the concert;
            3.   The ability of the sponsor to manage and control the expected crowd.
      If the sponsor of any concert desires to obtain an exemption under this division, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five day. after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.
         B.   If an official grants an exemption under division (d)(2)A. of this section, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
      (3)   Notwithstanding division (d)(2) of this section, in the case of a concert held in a facility located on the campus of an educational institution covered by Ohio R.C. 3345.04, a state university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall do both of the following:
         A.   Exercise the authority to grant exemptions provided by division (d)(2)A. of this section in lieu of an official designated in that division;
         B.   If the officer grants an exemption under division (d)(3)A. of this section, designate an on-duty state university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
   (e)   (1)   Unless a live entertainment performance is exempted by division (d)(1) of this section, the officer responsible for public safety within the Municipality shall designate, for purposes of division (c) of this section, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.
      (2)   Notwithstanding division (e)(1) of this section, a state university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by Ohio R.C. 3345.04.
   (f)   No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.
   (g)   (1)   This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.
      (2)   This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.
   (h)   This section does not prohibit the Council from imposing additional requirements, not in conflict with the section, for the promotion or holding of live entertainment performances.
   (i)   Whoever violates division (b), (c) or (f) of this section is guilty of a misdemeanor of the first degree. If any individual suffers physical harm to his or her person as a result of a violation of this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.
(ORC 2917.40)
537.18 HAZING.
   (a)   As used in this section:
      (1)   “Hazing.” Means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in R.C. § 3719.011.
      (2)   “Organization.” Includes a national or international organization with which a fraternity or sorority is affiliated.
   (b)   (1)   No person shall recklessly participate in the hazing of another.
      (2)   No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization.
   (c)   (1)   No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person.
      (2)   No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person.
   (d)   Whoever violates divisions (b) or (c) of this section is guilty of hazing. A violation of division (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of division (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.31)
   (e)   Reckless failure to immediately report knowledge of hazing.
      (1)   No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred.
      (2)   A violation of division (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm.
(R.C. § 2903.311(B), (C))
Statutory reference:
   Civil liability for hazing, see Ohio R.C. 2307.44
537.19 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATIVE NICOTINE PRODUCTS; TRANSACTION SCANS.
   (a)   Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products.
      (1)   As used in this section:
         A.   “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is 21 years of age or older.
         B.   “Alternative nicotine product.”
            1.   Subject to division 2. of this definition, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.
            2.   The phrase does not include any of the following:
               a.   Any cigarette or other tobacco product;
               b.   Any product that is a “drug” as that term is defined in 21 U.S.C. § 321(g)(1);
               c.   Any product that is a “device” as that term is defined in 21 U.S.C. § 321(h);
               d.   Any product that is a “combination product” as described in 21 U.S.C. § 353(g).
         C.   “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes.
         D.   “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
         E.   “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. §§ 321 and 353(g).
         F.   “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under R.C. §§ 4507.50 to 4507.52 that shows that a person is 21 years of age or older.
         G.   “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. §§ 321 and 353(g).
         H.   “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. §§ 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration.
         I.   “Vending machine.” Has the same meaning as “coin machine” in R.C. § 2913.01.
      (2)   No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following:
         A.   Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes:
            1.   To any person under 21 years of age; or
            2.   Without first verifying proof of age.
         B.   Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21 years of age is prohibited by law;
         C.   Knowingly furnish any false information regarding the name, age, or other identification of any person under 21 years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person;
         D.   Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than 20 cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
         E.   Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;
         F.   Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification;
         G.   Allow an employee under 18 years of age to sell any tobacco product;
         H.   Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products, or alterative tobacco products.
      (3)   No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations:
         A.   An area within a factory, business, office, or other place not open to the general public;
         B.   An area to which persons under 21 years of age are not generally permitted access;
         C.   Any other place not identified in division (a)(3)A. or (a)(3)B. of this section, upon all of the following conditions:
            1.   The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person.
            2.   The vending machine is inaccessible to the public when the place is closed.
            3.   A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of 21 to purchase tobacco or alternative nicotine products.”
      (4)   The following are affirmative defenses to a charge under division (a)(2)A. of this section:
         A.   The person under 21 years of age was accompanied by a parent, spouse who is 21 years of age or older, or legal guardian of the person under 21 years of age.
         B.   The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21 years of age under division (a)(2)A. of this section is a parent, spouse who is 21 years of age or older, or legal guardian of the person under 21 years of age.
      (5)   A.   It is not a violation of division (a)(2)A. or (a)(2)B. of this section for a person to give or otherwise distribute to a person under 21 years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under 21 years of age is participating in a research protocol if all of the following apply:
            1.   The parent, guardian, or legal custodian of the person under 21 years of age has consented in writing to the person under 21 years of age participating in the research protocol.
            2.   An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.
            3.   The person under 21 years of age is participating in the research protocol at the facility or location specified in the research protocol.
         B.   It is not a violation of division (a)(2)A. or (a)(2)B. of this section for an employer to permit an employee 18, 19, or 20 years of age to sell a tobacco product.
      (6)   A.   No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under 21 years of age with respect to any of the following:
            1.   Alternative nicotine products;
            2.   Papers used to roll cigarettes;
            3.   Tobacco products other than cigarettes.
         B.   A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in divisions (a)(6)A.1. to 3. of this section.
      (7)   Whoever violates division (a)(2)A., (a)(2)B., (a)(2)D., (a)(2)E., (a)(2)F., (a)(2)G., (a)(2)H., (a)(3) or (a)(6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
      (8)   Whoever violates division (a)(2)C. of this section is guilty of permitting a person under 21 years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under 21 years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under 21 years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
      (9)   Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under 21 years of age in violation of this section and that are used, possessed, purchased, or received by a person under 21 years of age in violation of R.C. § 2151.87 are subject to seizure and forfeiture as contraband under R.C. Chapter 2981.
(R.C. § 2927.02)
   (b)   Transaction Scan.
      (1)   As used in this division and division (c) of this section:
         A.   “Card holder” means any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee.
         B.   “Identification card” means an identification card issued under Ohio R.C. 4507.50 to 4507.52.
         C.   “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of division (a) of this section.
         D.   “Transaction scan” means the process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products.
         E.   “Transaction scan device” means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card.
      (2)   A.   A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products.
         B.   If the information deciphered by the transaction scan performed under division (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder.
         C.   Division (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away, or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document.
      (3)   Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this division (b) and division (c) of this section.
      (4)   A.   No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following:
            1.   The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder;
            2.   The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder.
         B.   No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (b)(4)A. of this section, except for purposes of division (c) of this section.
         C.   No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (c)(2)A. of this section.
         D.   No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by division (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code.
      (5)   Nothing in this division (b) or division (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, State or Federal laws or rules governing the sale, giving away, or other distribution of cigarettes, other tobacco products, or alternative nicotine products.
      (6)   Whoever violates division (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to $1,000 for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.
(ORC 2927.021)
   (c)   Affirmative Defenses.
      (1)   A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of division (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred:
         A.   A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card.
         B.   A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid.
         C.   The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
      (2)   In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (c)(1) of this section, the trier of fact in the action for the alleged violation of division (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of division (a) of this section. For purposes of division (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
         A.   Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is 21 years of age or older;
         B.   Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder.
      (3)   In any criminal action in which the affirmative defense provided by division (c)(1) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action.
(ORC 2927.022)
   (d)   Shipment of Tobacco Products.
      (1)   As used in this division (d):
         A.   “Authorized recipient of tobacco products.” Means:
            1.   In the case of cigarettes, a person who is:
               a.   Licensed as a cigarette wholesale dealer under R.C. § 5743.15;
               b.   Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed;
               c.   An export warehouse proprietor as defined in Internal Revenue Code § 5702;
               d.   An operator of a customs bonded warehouse under 19 U.S.C. § 1311 or 19 U.S.C. § 1555;
               e.   An officer, employee, or agent of the federal government or of this state acting in the person's official capacity;
               f.   A department, agency, instrumentality, or political subdivision of the federal government or of this state;
               g.   A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under R.C. § 5743.71.
            2.   In the case of electronic smoking devices or vapor products, a person who is:
               a.   Licensed as a distributor of tobacco or vapor products under R.C. § 5743.61;
               b.   A retail dealer of vapor products, as defined in R.C. § 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by R.C. § 5743.51, 5743.62, or 5743.63, as applicable, has been paid;
               c.   An operator of a customs bonded warehouse under 19 U.S.C. § 1311 or 19 U.S.C. § 1555;
               d.   An officer, employee, or agent of the federal government or of this state acting in the person's official capacity;
               e.   A department, agency, instrumentality, or political subdivision of the federal government or of this state.
         B.   “Motor carrier.” Has the same meaning as in R.C. § 4923.01.
      (2)   The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in R.C. § 1346.01.
      (3)   A.   No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products.
         B.   No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products.
      (4)   No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words “cigarettes”, “electronic smoking devices”, or “vapor products”, as applicable.
      (5)   A court shall impose a fine of up to one thousand dollars ($1,000.00) for each violation of division (d)(3)A., (d)(3)B. or (d)(4) of this section.
(ORC 2927.023)
   (e)   Furnishing False Information to Obtain Tobacco Products.
      (1)   No person who is 18 years of age or older but younger than 21 years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products.
      (2)   Whoever violates division (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree.
(R.C. § 2927.024)
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