Loading...
(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)
(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
(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.)
(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.)
(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)
(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.)
(a) No caretaker shall knowingly fail to provide a functionally impaired person under his or her care with any treatment, care, goods, or service that is necessary to maintain the health of safety of the functionally impaired person when this failure results in physical harm or serious physical harm to the functionally impaired person.
(b) No caretaker shall recklessly fail to provide a functionally impaired person under his or her care with any treatment, care, goods, or service that is necessary to maintain the health of safety of the functionally impaired person when this failure results in serious physical harm to the functionally impaired person.
(c) (1) Whoever violates division (a) of this section is guilty of knowingly failing to provide for a functionally impaired person, a misdemeanor of the first degree. If the functionally impaired person under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (a) of this section is a felony to be prosecuted under appropriate State law.
(2) Whoever violates division (b) of this section is guilty of recklessly failing to provide for a functionally impaired person, a misdemeanor of the second degree. If the functionally impaired person under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (b) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2903.16)
(d) As used in this section:
(1) "Caretaker" means a person who assumes the duty to provide for the care and protection of a functionally impaired person on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. "Caretaker" does not include a person who owns, operates, or administers, or who is an agent or employee of, a care facility, as defined in Ohio R.C. 2903.33.
(2) "Functionally impaired person" means any person who has a physical or mental impairment that prevents the person from providing for his or her own care or protection or whose infirmities caused by aging prevent the person from providing for his or her own care or protection.
(ORC 2903.10)
(a) No person shall assault, strike, threaten or menace a teacher, instructor, professor, person in charge of a class of students or any employee of any school, college or university while in the performance of their duties, and no person shall disrupt, disturb or interfere with the teaching of any class of students, and no person shall disrupt, disturb or interfere with any activity conducted in a school, college or university building, or upon the campus or grounds thereof, or in any public place, and no person shall assault, strike, threaten, menace, follow, pursue or lay hands upon a student or other person in a school, college or university building, or upon the grounds or campus thereof, or upon the way to or from any school, college or university, or on the way to or from any school, college or university sponsored activity, except that this section in no way interferes with, diminishes or abolishes the duty and right of a teacher, instructor, professor, person in charge of a class of students or member of a school administration from exercising the authority to discipline students in order to maintain the proper decorum required in an educational atmosphere.
(Ord. 210-1969. Passed 10-6-69.)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
Loading...