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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CHAPTER 555 Registration of Felons (Repealed)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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537.15 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.)
537.18 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 days 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)
537.19 HAZING.
   (a)   As used in this section, "hazing" means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.
   (b)   (1)   No person shall recklessly participate in the hazing of another.
      (2)   No administrator, employee, or faculty member of any primary, secondary, or post-secondary school or of any other educational institution, public or private, shall recklessly permit the hazing of any person.
   (c)   Whoever violates this section is guilty of hazing, a misdemeanor of the fourth degree.
(ORC 2903.31)
Statutory reference:
   Civil liability for hazing, see Ohio R.C. 2307.44
537.20 ILLEGAL DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS; TRANSACTION SCANS.
   (a)   Illegal distribution of cigarettes or other tobacco products.
      (1)   As used in this section:
         A.   “Alternative nicotine product” means an electronic cigarette 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.
         B.   “Child” has the same meaning as in Ohio R.C. 2151.011.
         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 cigarette” means any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.
         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 Ohio 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 from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff.
         H.   “Vending machine” has the same meaning as “Coin Machine” in Ohio R.C. 2913.01.
      (2)   No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or any 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 to any child;
         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 sign 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 child with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that child;
         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.
      (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 children 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 products, and alternative nicotine 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.
      (4)   The following are affirmative defenses to a charge under division (a)(2)A. of this section:
         A.   The child was accompanied by a parent, spouse who is 21 years of age or older, or legal guardian of the child.
         B.   The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a child 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 child.
      (5)   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 child cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the child is participating in a research protocol if all of the following apply:
         A.   The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol.
         B.   An institutional human subjects protection review board, or an equivalent entity, has approved of the research protocol.
         C.   The child is participating in the research protocol at the facility or location specified in the research protocol.
      (6)   A.   Whoever violates division (a)(2)A., (a)(2)B., (a)(2)D. or (a)(2)E. or (a)(3) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (a)(2)A., (a)(2)B., (a)(2)D., (a)(2)E. or (a)(3) of this section or a substantially equivalent state law or municipal ordinance, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products, is a misdemeanor of the third degree.
         B.   Whoever violates division (a)(2)C. of this section is guilty of permitting children to use cigarettes, other tobacco products, or alternative nicotine products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (a)(2)C. or a substantially equivalent state law or municipal ordinance, permitting children to use cigarettes, other tobacco products, or alternative nicotine products, is a misdemeanor of the third degree.
      (7)   Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a child in violation of this division (a) and that are used, possessed, purchased, or received by a child in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. 2933.42 and 2933.43.
(ORC 2927.02)
   (b)   Tobacco Product 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” means 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 cigarette, other tobacco products, or alternative nicotine products transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000.00) 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), “authorized recipient of tobacco products” means a person who is:
         A.   Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15;
          B.   Licensed as a distributor of tobacco products under Ohio R.C. 5743.61;
         C.   An export warehouse proprietor as defined in Section 5702 of the Internal Revenue Code;
         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 Tax Commissioner under Ohio R.C. 5743.71.
      (2)   The purpose of this division (d) is to prevent the sale of cigarettes to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01.
      (3)   A.   No person shall cause to be shipped any cigarettes to any person in this Municipality other than an authorized recipient of tobacco products.
         B.   No common carrier, contract carrier, or other person shall knowingly transport cigarettes to any person in this Municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes are transported to a home or residence, it shall be presumed that the common carrier, contract carrier, or other person knew that the person to whom the cigarettes were delivered was not an authorized recipient of tobacco products.
      (4)   No person engaged in the business of selling cigarettes who ships or causes to be shipped cigarettes to any person in this Municipality in any container or wrapping other than the original container or wrapping of the cigarettes shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes are shipped with the words “cigarettes”.
      (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) (Ord. 134-2016. Passed 11-21-16.)
537.205 PURCHASE, USE OR POSSESSION OF ALTERNATIVE NICOTINE PRODUCT, CIGARETTES OR TOBACCO PRODUCTS BY MINORS.
   (a)   As used in this section, “alternative nicotine product,” “cigarette,” and “tobacco product” have the same meanings as in Section 537.20 of the Codified Ordinances.
   (b)   No person under the age of eighteen years shall pay for, share the cost of, or attempt to purchase, any alternative nicotine product, cigarette or tobacco product or shall knowingly possess or use any alternative nicotine product, cigarette or tobacco product in any public or private place.
   (c)   Whoever violates this section is guilty of a misdemeanor of the fourth degree and shall be dealt with in accordance with Juvenile Court law and procedure.
(Ord. 186-1996. Passed 10-7-96; Eff. 11-7-96; Ord. 134-2016. Passed 11-21-16.)
537.21 ETHNIC INTIMIDATION.
   (a)   No person shall violate Ohio R.C. 2903.21, 2903.22, 2909.06, or 2909.07, or Ohio R.C. 2917.21(A)(3), (4), or (5), or any substantially equivalent municipal ordinance to any of these sections, by reason of the race, color, religion, or national origin of another person or group of persons.
   (b)   Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation. In the case of an offense that is a misdemeanor of the first degree, ethnic intimidation is a felony to be prosecuted under appropriate State law.
(ORC 2927.12)
537.22 INTIMIDATION IN CONNECTION WITH HOUSING. (REPEALED)
(EDITOR'S NOTE: Section 537.22 was repealed by implication by Ordinance 141-1992, passed June 1, 1992. See Section 763.06 of the Business Regulation and Taxation Code.)
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