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Euclid, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF EUCLID, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
THE CHARTER OF THE CITY OF EUCLID, OHIO
PART ONE - ADMINISTRATION CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions; Administration and Enforcement
CHAPTER 503 Alcoholic Beverages
CHAPTER 505 Animals
CHAPTER 513 Drugs
CHAPTER 517 Gambling
CHAPTER 523 Labor Relations
CHAPTER 529 Nuisance Abatement
CHAPTER 537 Offenses Relating to Persons
CHAPTER 541 Offenses Relating to Property
CHAPTER 545 Peace Disturbances
CHAPTER 553 Railroads
CHAPTER 555 Registration of Felons (Repealed)
Chapter 556 Sex Offender Residency Prohibition
CHAPTER 559 Safety
CHAPTER 563 Sex Related Offenses
CHAPTER 567 Topsoil Removal
CHAPTER 569 Watercraft
CHAPTER 571 Weapons and Explosives
CHAPTER 599 Penalties and Sentencing
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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537.09 COERCION.
   (a)   No person, with purpose to coerce another into taking or refraining from action concerning which he or she has a legal freedom of choice, shall do any of the following:
      (1)   Threaten to commit any offense.
      (2)   Utter or threaten any slander against any person.
      (3)   Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage his or her personal or business repute, or to impair his or her credit.
      (4)   Institute or threaten criminal proceedings against any person.
      (5)   Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
   (b)   Divisions (a)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
      (1)   Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44.
      (2)   In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which he or she is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence.
      (3)   Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his or her offense.
   (c)   It is an affirmative defense to a charge under division (a)(3), (4), or (5) of this section that the actor’s conduct was a reasonable response to the circumstances which occasioned it, and that his or her purpose was limited to:
      (1)   Compelling another to refrain from misconduct or to desist from further misconduct.
      (2)   Preventing or redressing a wrong or injustice.
      (3)   Preventing another from taking action for which the actor reasonably believed the other person to be disqualified.
      (4)   Compelling another to take action which the actor reasonably believed the other person to be under a duty to take.
   (d)   Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
   (e)   As used in this section, "threat" includes a direct threat and a threat by innuendo.
(ORC 2905.12)
537.10 NONSUPPORT OF DEPENDENTS.
   (a)   No person shall abandon, or fail to provide adequate support to:
      (1)   His or her spouse, as required by law;
      (2)   His or her legitimate or illegitimate child who is under age 18, or mentally or physically disabled child who is under age 21;
      (3)   His or her aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for his or her own support.
   (b)   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 is legally obligated to support.
   (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 was mentally or physically disabled and 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. 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, or 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.
      (2)   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)
537.11 ENDANGERING CHILDREN.
   (a)   No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under 18 years of age or a mentally or physically disabled child under 21 years of age, shall create a substantial risk to the health or safety of the child by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
   (b)   No person shall do any of the following to a child under 18 years of age or a mentally or physically disabled child under 21 years of age:
      (1)   Abuse the child.
      (2)   Torture or cruelly abuse the child.
      (3)   Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.
      (4)   Repeatedly administer unwarranted disciplinary measures to a child when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child’s mental health or development.
      (5)   Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter.
      (6)   Allow the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of, any act in violation of Ohio R.C. 2925.04 or 2925.041 when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of Ohio R.C. 2925.04 or 2925.041 that is the basis of the violation of this division.
   (c)   No person shall operate a vehicle, as defined by Ohio R.C. 4511.01, within the Municipality and in violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance, when one or more children under 18 years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of this division. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, a combination of them or for operating a vehicle with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine.
   (d)   (1)   Division (b)(5) of this section does not apply to any material or performance that is produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursing bona fide studies for research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.
      (2)   Mistake of age is not a defense to a charge under division (b)(5) of this section.
      (3)   In a prosecution under division (b)(5) of this section, the trier of fact may infer that an actor, model, or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the actor, model, or participant as a juvenile.
      (4)   As used in this division and division (b)(5) of this section:
         A.   "Material," "performance," "obscene," and "sexual activity" have the same meanings as in Ohio R.C. 2907.01.
         B.   "Nudity-oriented matter" means any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to the prurient interest.
         C.   "Sexually oriented matter" means any material or performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality.
   (e)   Whoever violates this section is guilty of endangering children.
      (1)   If the offender violates division (a) or (b)(1) of this section, endangering children is one of the following:
         A.   Except as otherwise provided in division (e)(1)B., C., or D., a misdemeanor of the first degree.
         B.   If the offender previously has been convicted of an offense under this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(1)C. or D. of this section, endangering children is a felony to be prosecuted under appropriate State law.
         C.   If the violation is a violation of division (a) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate State law.
         D.   If the violation is a violation of division (b)(1) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate State law.
      (2)   If the offender violates division (b)(2), (3), (4), (5) or (6) of this section, endangering children is a felony to be prosecuted under appropriate State law.
      (3)   If the offender violates division (c) of this section, the offender shall be punished as follows:
         A.   Except as provided in (e)(3)B. or C., endangering children in violation of division (c) of this section is a misdemeanor of the first degree.
         B.   If the violation results in serious physical harm to the child or if the offender previously has been convicted of a violation of this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(3)C. of this section, endangering children in violation of division (c) of this section is a felony to be prosecuted under appropriate State law.
         C.   If the violation results in serious physical harm to the child and if the offender previously has been convicted of a violation of this section, Ohio R.C. 2903.06, 2903.08, 2919.22(C) or former Ohio R.C. 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04, in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (c) of this section is a felony to be prosecuted under appropriate State law.
         D.   In addition to any term of imprisonment, fine, or other sentence, penalty or sanction it imposes upon the offender pursuant to divisions (e)(3)A., B. or C. of this section or pursuant to any other provision of law and in addition to any suspension of the offender's driver's license or commercial driver's license or permit or nonresident operating privilege under Ohio R.C. Chapter 4506, 4509, 4510, or 4511, or any other provision of law, the court also may impose upon the offender a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(7).
         E.   In addition to any term of imprisonment, fine, or other sentence, penalty or sanction imposed upon the offender pursuant to division (e)(3)A., B., C. or D. of this section or pursuant to any other provision of law for the violation of division (c) of this section, if as a part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, the offender also shall be sentenced in accordance with Ohio R.C. 4511.19, or a substantially equivalent municipal ordinance, for that violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance.
   (f)   (1)   If a person violates division (c) of this section and if, at the time of the violation, there were two or more children under 18 years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (c) of this section for each of the children, but the court may sentence the offender for only one of the violations.
      (2)   A.   If a person is convicted of or pleads guilty to a violation of division (c) of this section but the person is not also convicted of and does not also plead guilty to a separate charge of violating Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, both the following apply:
            1.   For purposes of the provisions of Ohio R.C. 4511.19, or a substantially equivalent municipal ordinance, that set forth the penalties and sanctions for a violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance, the conviction of or plea of guilty to the violation of division (c) of this section shall not constitute a violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance.
            2.   For purposes of the provisions of law that refers to a conviction of or plea of guilty to a violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance, and that is not described in division (f)(2)A.1. of this section, the conviction of or plea of guilty to the violation of division (c) of this section shall constitute a conviction or plea of guilty to a violation of Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance.
         B.   If a person is convicted of or pleads guilty to a violation of division (c) of this section and the person also is convicted of or pleads guilty to a separate charge of violating Ohio R.C. 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, the conviction of or plea of guilty to the violation of division (c) of this section shall not constitute, for the purposes of any provision of law that refers to a conviction of or a plea of guilty to a violation of Ohio R.C. 4511.19(A) or a substantially equivalent municipal ordinance, a conviction of or a plea of guilty to a violation of Ohio R.C. 4511.19(A) or a substantially equivalent municipal ordinance.
(ORC 2919.22(A) - (E), (H))
Statutory reference:
   Community service, requirements, see Ohio R.C. 2919.22(F)
   License suspension, requirements, see Ohio R.C. 2919.22(G)
   Permitting child abuse, felony offense, see Ohio R.C. 2903.15
537.12 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 mentally or physically disabled child 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 the mentally ill or mentally disabled.
   (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)
537.13 CONTRIBUTING TO THE UNRULINESS OR DELINQUENCY OF A CHILD.
   (a)   No person, including a parent, guardian, or other custodian of a child, shall do any of the following:
      (1)   Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child, as defined in Ohio R.C. 2151.022, or a delinquent child, as defined in Ohio R.C. 2152.02;
      (2)   Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child, as defined in Ohio R.C. 2151.022, or a delinquent child, as defined in Ohio R.C. 2152.02.
      (3)   If the person is the parent, guardian, or custodian of a child who has the duties under Ohio R.C. Chapters 2152 and 2950 to register, register a new residence address, and to periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Ohio R.C. 2919.121, fail to ensure that the child complies with those duties under Ohio R.C. Chapters 2152 and 2950.
(ORC 2919.24(A)(1) - (3))
      (4)   Allow a child under the care and control of the parent, guardian or other custodian to violate any provision of Chapter 311 or Chapter 315 of the Traffic Code of these Codified Ordinances. It shall be an affirmative defense to a violation of this provision that the parent, guardian, or other custodian of the child has invoked the jurisdiction of the Juvenile Court against the child prior to the time the child was found to be violating any provision of Chapter 311 or Chapter 315 of the Traffic Code.
   (b)   Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, except for a violation of division (a)(4) of this section, a misdemeanor of the first degree. A violation of division (a)(4) of this section shall be a minor misdemeanor. Each day of a violation of this section is a separate offense.
(Ord. 185-2005. Passed 12-19-05.)
537.14 PARTY LINES TO BE YIELDED IN EMERGENCIES.
   (a)   No person shall willfully refuse immediately to yield or relinquish the use of a party line to another person for the purpose of permitting such other person to report a fire or summon law enforcement agencies, ambulance service, medical or other aid in case of emergency.
   (b)   No person shall ask for or request the use of a party line on the pretext that an emergency exists, knowing that no emergency exists.
   (c)   As used in this section:
      (1)   "Party line" means a subscriber’s line telephone circuit to which two or more main telephone stations are connected, each station having a distinctive ring or telephone number.
      (2)   "Emergency" means a situation in which property or human life is in jeopardy and in which prompt summoning of aid is essential.
(ORC 4931.30)
   (d)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4931.99(B))
537.15 THREATENING OR HARASSING TELECOMMUNICATIONS.
   (a)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following:
      (1)   Fails to identify the caller to the recipient of the telecommunication and makes the telecommunication with purpose to harass or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient.
      (2)   Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made.
      (3)   During the telecommunication, violates Ohio R.C. 2903.21 or a substantially equivalent municipal ordinance.
      (4)   Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged.
      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.
   (b)   No person shall make or cause to be made a telecommunication or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person.
   (c)   (1)   Whoever violates divisions (a) or (b) of this section is guilty of telecommunications harassment.
      (2)   A violation of division (a)(1), (a)(2), (a)(3) or (a)(5) or (b) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, which shall be prosecuted under appropriate State law.
      (3)   Except as otherwise provided in this division (c)(3), a violation of division (a)(4) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, to be prosecuted under appropriate State law. If a violation of division (a)(4) of this section results in economic harm of five hundred dollars ($500.00) or more, telecommunications harassment is a felony to be prosecuted under appropriate State law.
   (d)   No cause of action may be assessed in any court of this Municipality against any provider of a telecommunications service or information service, or against any officer, employee, or agent of a telecommunications service or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service or information service, or an officer, employee, or agent of a telecommunications service or information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employees, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.
   (e)   As used in divisions (a) through (d) of this section:
      (1)   "Caller" means the person described in division (a) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control.
      (2)   "Economic harm" means all direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. The term includes but is not limited to all of the following:
         A.   All wages, salaries or other compensation lost as a result of the criminal conduct;
         B.   The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
         C.   The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;
         D.   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
      (3)   "Sexual activity" has the same meaning as in Ohio R.C. 2907.01.
      (4)   "Telecommunication" and "telecommunications device" have the same meanings as in Ohio R.C. 2913.01.
   (f)   Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the "Fair Debt Collection Practices Act," 15 U.S.C. 1692, as amended, or the "Telephone Consumer Protection Act," 47 U.S.C. 227, as amended.
(ORC 2917.21)
537.16 PLACING HARMFUL SUBSTANCE OR OBJECTS IN FOOD OR CONFECTION.
   (a)   No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:
      (1)   Place a pin, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection.
      (2)   Furnish to any person any food or confection which has been adulterated in violation of division (a)(1) of this section.
(ORC 3716.11)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 3716.99(C))
537.17 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)   As used in this section:
         A.   "Family or household member" means 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, or a former spouse, of the offender;
               b.   A 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" means 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.
      (1)   Upon the filing of a complaint that alleges a violation of subsection (a) hereof, or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211, or Section 537.02, 537.045 or 541.125 of this General Offenses Code, that involves a person who was a family or household member at the time of the violation, the complainant may file, or, if in an emergency the complainant is unable to file, a person who made an arrest for the alleged violation under Ohio R.C. 2935.03, may file on behalf of the complainant, a motion that requests the issuance of a temporary protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Rule 46 of the Ohio Rules of Criminal Procedure. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint.
      (2)   For purposes of Ohio R.C. 2930.09, all stages of a proceeding arising out of a violation specified in paragraph (b)(1) hereof, including all proceedings on a motion for a temporary protection order, are critical stages of the case, and a complainant may be accompanied by a victim advocate or another person to provide support to the victim as provided in that section.
      (3)   The motion shall be prepared on a form that is provided by the clerk of the court, which form shall be substantially as follows:
MOTION FOR TEMPORARY PROTECTION ORDER
................ Court
Name and address of court
Municipality of Euclid, Ohio       No.............
v.
..............................................
Name of Defendant
   (Name of person), the complainant in the above-captioned case, moves the court to issue a temporary protection order containing terms designed to ensure the safety and protection of the complainant and other family or household members, in relation to the named defendant, pursuant to its authority to issue such an order under Ohio R.C. 2919.26 or Section 537.17 of the Codified Ordinances.
   A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with at least one of the following violations of subsection (a) hereof or Ohio R.C. 2919.25 that constitutes "domestic violence;" knowingly causing or attempting to cause physical harm to a family or household member; recklessly causing serious physical harm to a family or household member; or, by threat of force, knowingly causing a family or household member to believe that the named defendant would cause imminent physical harm to that family or household member; charging the named defendant with felonious assault, aggravated assault, or assault that involved a family or household member, in violation of Ohio R.C. 2903.11, 2903.12 or 2903.13, or Section 537.02 of the Codified Ordinances; charging the named defendant with menacing by stalking or aggravated trespass that involves a family or household member in violation of Ohio R.C. 2903.211 or 2911.211, or Section 537.045 or 541.125 of the Codified Ordinances.
   I understand that I must appear before the court, at a time set by the court within twenty-four hours after the filing of this motion, for a hearing on the motion, or that, if I am unable to appear because of hospitalization or a medical condition resulting from the offense alleged in the complaint, a person who can provide information about my need for a temporary protection order must appear before the court in lieu of my appearing in court. I understand that any temporary protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint, or the issuance of a civil protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint, under Ohio R.C. 3113.31.
............................................................Signature of complainant (or signature of the arresting officer who filed the motion on behalf of the complainant)
.........................................................Address of complainant (or office address of the arresting officer who filed the motion on behalf of the complainant)
      (4)   As soon as possible after the filing of a motion that requests the issuance of a temporary protection order, but not later than twenty-four hours after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the person who requested the order is unable to appear and if the court finds that the failure to appear is because of the person's hospitalization or medical condition resulting from the offense alleged in the complaint, another person who is able to provide the court with the information it requests may appear in lieu of the person who requested the order. If the court finds that the safety and protection of the complainant or any other family or household member of the alleged offender may be impaired by the continued presence of the alleged offender, the court may issue a temporary protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant or the family or household member, including a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or family or household member.
      (5)   If the court issues a temporary protection order that includes a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or the family or household member, the order shall state clearly that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant or family or household member to enter the residence, school, business or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant or family or household member.
      (6)   Paragraph (b)(5) hereof does not limit any discretion of a court to determine that an alleged offender charged with a violation of Ohio R.C. 2919.27, this subsection (b) hereof, or another municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a temporary protection order issued under this section, did not commit the violation or was not in contempt of court.
      (7)   A.   Upon the filing of a complaint that alleges a violation of subsection (a) hereof, or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211, or Section 537.02, 537.045 or 541.125 of this General Offenses Code, that involves a person who was a family or household member at the time of the violation, the court, upon its own motion, may issue a temporary protection order as a pretrial condition of release if it finds that the safety and protection of the complainant or other family or household member of the alleged offender may be impaired by the continued presence of the alleged offender.
         B.   If the court issues a temporary protection order under this subsection as an ex parte order, it shall conduct, as soon as possible after the issuance of the order, a hearing in the presence of the alleged offender not later than the next day on which the court is scheduled to conduct business after the day on which the alleged offender was arrested, or at the time of the appearance of the alleged offender pursuant to summons, to determine whether the order should remain in effect, be modified or be revoked. The hearing shall be conducted under the standards set forth in paragraph (b)(4) hereof.
         C.   An order issued under this paragraph shall contain only those terms authorized in orders issued under paragraph (b)(4) hereof.
         D.   If a municipal court or a county court issues a temporary protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the Court of Common Pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the Court of Common Pleas, while the charges against the alleged offender are pending in the Court of Common Pleas, for the period of time described in paragraph (b)(8)B. hereof, and the Court of Common Pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This paragraph applies when the alleged offender is bound over to the Court of Common Pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.
      (8)   A temporary protection order that is issued as a pretrial condition of release under this subsection:
         A.   Is in addition to, but shall not be construed as a part of, any bail set under Rule 46 of the Ohio Rules of Criminal Procedure;
         B.   Is effective only until the occurrence of either of the following:
            1.   The disposition by the court that issued the order or, in the circumstances described in paragraph (b)(7)D. hereof, by the Court of Common Pleas to which the alleged offender is bound over for prosecution of the criminal proceeding arising out of the complaint upon which the order is based.
            2.   The issuance of a protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint upon which the order is based, under Ohio R.C. 3113.31;
         C.   Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
      (9)   A person who meets the criteria for bail under Rule 46 of the Ohio Rules of Criminal Procedure and who, if required to do so pursuant to that Rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a temporary protection order.
      (10)   The following regulations shall govern temporary protection orders:
         A.   A copy of any temporary protection order that is issued under this section shall be issued by the court to the complainant, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a temporary protection order under this section, and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the Court of Common Pleas for prosecution as described in paragraph (b)(7)D. hereof, the municipal court or county court shall direct that a copy of the order be delivered to the Court of Common Pleas to which the defendant is bound over.
         B.   All law enforcement agencies shall establish and maintain an index for the temporary protection orders delivered to the agencies pursuant to paragraph (b)(10)A. hereof. With respect to each order delivered, each agency shall note on the index, the date and time of the receipt of the order by the agency.
         C.   A complainant who obtains a temporary protection order under this subsection may provide notice of the issuance of the temporary protection order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county in accordance with Ohio R.C. 3113.31(N) and filing a copy of the registered protection order with a law enforcement agency in the other county in accordance with that division.
         D.   Any officer of a law enforcement agency shall enforce a temporary protection order issued by any court in this State in accordance with the provisions of the order, including removing the defendant from the premises, regardless of whether the order is registered in the county in which the officer's agency has jurisdiction as authorized by paragraph (b)(10)C. hereof.
      (11)   Upon a violation of a temporary protection order, the court may issue another temporary protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.
      (12)   As used in this paragraph, "defendant" means a person who is alleged in a complaint to have committed a violation of the type described in paragraphs (b)(1) and (2) hereof.
   If a complaint is filed that alleges that a person committed a violation of the type described in paragraphs (b)(1) and (2) hereof, the court may not issue a temporary protection order under this subsection that requires the complainant or another family or household member of the defendant to do or refrain from doing an act that the court may require the defendant to do or refrain from doing under a temporary protection order unless both of the following apply:
         A.   The defendant has filed a separate complaint that alleges that the complainant or other family or household member in question who would be required under the order to do or refrain from doing the act committed a violation of the type described in paragraph (b)(1) or (2) hereof.
         B.   The court determines that both the complainant or other family or household member in question who would be required under the order to do or refrain from doing the act and the defendant acted primarily as aggressors, that neither the complainant or other family or household member in question who would be required under the order to do or refrain from doing the act nor the defendant acted primarily in self-defense, and, in accordance with the standards and criteria of this subsection as applied in relation to the separate complaint filed by the defendant, that it should issue the order to require the complainant or other family or household member in question to do or refrain from doing the act.
      (13)   Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section.
      (14)   As used in this subsection, "victim advocate" means a person who provides support and assistance for a victim of an offense during court proceedings.
(ORC 2919.26)
   (c)   Violation of Protection Orders. No person shall recklessly violate the terms of any of the following:
      (1)   A protection order issued or consent agreement approved pursuant to this section or Ohio R.C. 2919.26 or 3113.31; or
      (2)   A protection order issued by a court of another state.
(ORC 2919.27)
   (d)   Penalties.
      (1)   Whoever violates any of the provisions of subsection (a) hereof is guilty of domestic violence. Except as otherwise provided in this paragraph, a violation of paragraph (a)(1) or (2) hereof is a misdemeanor of the first degree and a violation of paragraph (a)(3) hereof is a misdemeanor of the fourth degree and the penalty shall be as provided in Section 599.02. If the offender previously has been convicted of a violation of subsection (a) hereof, or a violation of another municipal ordinance that is substantially equivalent to subsection (a) hereof, or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211, 2903.22, 2911.211, 2919.22 or 2919.25, involving a person who was a family or household member at the time of the violation, or a violation of Section 537.02, 537.03, 537.04, 537.045, 537.05, 537.11 or 541.125 of this General Offenses Code, involving a person who was a family or household member at the time of the violation, or a violation of another municipal ordinance that is substantially equivalent to one of those sections, involving a person who was a family or household member at the time of the violation, then a violation of paragraph (a)(1) or (2) hereof is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2919.25, and a violation of paragraph (a)(3) hereof is a misdemeanor of the third degree and shall be subject to the penalty provided in Section 599.02.
(ORC 2919.25)
      (2)   Whoever violates subsection (c) hereof is guilty of violating a protection order and shall be subject to the following penalties:
         A.   Except as otherwise provided in paragraph (d)(2)B. hereof, violating a protection is a misdemeanor of the first degree and the penalty shall be as provided in Section 599.02.
         B.   If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 2903.211 or 2911.211, or Section 537.045 or 541.125 of this General Offenses Code, that involved the same person who is the subject of the protection order or consent agreement, or previously has been convicted of or pleaded guilty to one or more violations of this section, violating a protection order is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2919.27.
      (3)   It is an affirmative defense to a charge under paragraph (c)(2) hereof that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this state or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).
      (4)   As used in this section, "protection order issued by a court of another state" means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. "Protection order issued by a court of another state" does not include an order for support or for custody of a child.
(ORC 2919.27; Ord. 79-2004. Passed 4-19-04.)
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