PART FIVE - GENERAL OFFENSES CODE
 
Chap. 501.   General Provisions and Penalty.
Chap. 505.   Animals and Fowl.
Chap. 509.   Disorderly Conduct and Peace Disturbance.
Chap. 513.   Drug Abuse Control.
Chap. 517.   Gambling.
Chap. 521.   Health, Safety and Sanitation.
Chap. 525.   Law Enforcement and Public Office.
Chap. 529.   Liquor Control.
Chap. 531.   Minors.
Chap. 533.   Obscenity and Sex Offenses.
Chap. 537.   Offenses Against Persons.
Chap. 541.   Property Offenses.
Chap. 545.   Theft and Fraud.
Chap. 549.   Weapons and Explosives.
Chap. 553.   Railroads.
Chap. 557.   Noxious Weeds and Litter.
CHAPTER 501
General Provisions and Penalty
 
501.01   Definitions.
501.02   Classification of offenses.
501.03   Common law offenses abrogated.
501.04   Rules of construction.
501.05   Criminal law jurisdiction.
501.06   Limitation of criminal prosecution.
501.07   Requirements for criminal liability.
501.08   Culpable mental states.
501.09   Attempt.
501.10   Complicity.
501.11   Organizational criminal liability.
501.12   Personal accountability for organizational conduct.
501.13   Disposition of property.
501.99   Penalties for misdemeanors.
CROSS REFERENCES
See sectional histories for similar State law
Limitation of prosecution for income tax violations - see Ohio R.C. 718.06
Modification of sentence - see Ohio R.C. 2929.10(C), (D)
Penalty considerations - see Ohio R.C. 2929.22
Citation issuance for minor misdemeanors - see Ohio R.C. 2935.26 et seq.
501.01   DEFINITIONS.
   As used in the Codified Ordinances:
   (a)   "Force" means any violence, compulsion or constraint physically exerted by any means upon or against a person or thing.
   (b)   "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person.
   (c)   "Physical harm to persons" means any injury, illness or other physiological impairment, regardless of its gravity or duration.
   (d)   "Physical harm to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment.  "Physical harm to property" does not include wear and tear occasioned by normal use.
   (e)   "Serious physical harm to persons" means any of the following:
      (1)   Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
      (2)   Any physical harm that carries a substantial risk of death;
      (3)   Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
      (4)   Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;
      (5)   Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.
   (f)   "Serious physical harm to property" means any physical harm to property that does either of the following:
      (1)   Results in substantial loss to the value of the property, or requires a substantial amount of time, effort or money to repair or replace;
      (2)   Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use and enjoyment for an extended period of time.
   (g)   "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
   (h)   "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist. (ORC 2901.01; (Ord. 139-07.  Passed 11-19-07.)
   (i)   "Offense of violence" means any of the following:
      (1)   A violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, 2923.161, 2903.04(A)(1), 2911.12(A)(1) to (3) or 2919.22(B)(1) to (4), or felonious sexual penetration in violation of former Ohio R.C. 2907.12; (Ord. 119-17. Passed 11-13-17.)
      (2)   A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section listed in subsection (i)(1) hereof;
      (3)   An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed, purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
      (4)   A conspiracy or attempt to commit, or complicity in committing any offense under subsection (i)(1), (2) or (3) hereof.
   (j)   (1)   "Property" means any property, real or personal, tangible or intangible, and any interest or license in that property.  "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright, or patent.  “Financial instruments associated with computers” include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
      (2)   As used in this section, “trade secret” has the same meaning as in Ohio R.C. 1333.61, and “telecommunications service” and “information service” have the same meanings as in Ohio R.C. 2913.01.
      (3)   As used in this section, “cable television service”, “computer”, “computer software”, “computer system”, “computer network”, “data”, and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01.  (Ord. 139-07.  Passed 11-19-07.)
   (k)   "Law enforcement officer" means any of the following:
      (1)   A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D) or State highway patrol trooper;
         (Ord. 1-14.  Passed 1-13-14.)   
      (2)   An officer, agent or employee of the State or any of its agencies, instrumentalities or political subdivisions, upon whom, by statute, Charter or ordinance, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;
      (3)   A mayor or manager in the mayor’s or manager’s capacity as chief conservator of the peace within the mayor’s or manager’s municipal corporation;
      (4)   A member of an auxiliary police force organized by county, township or municipal law enforcement authorities, within the scope of the member's appointment or commission;
      (5)   A person lawfully called pursuant to Ohio R.C. 311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;
      (6)   A person appointed by a mayor pursuant to Ohio R.C. 737.01 as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;
      (7)   A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;
      (8)   A prosecuting attorney, assistant prosecuting attorney, secret service officer or municipal prosecutor.
      (9)   A veterans' home police officer appointed under Ohio R.C. 5907.02.
      (10)   A member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y).
      (11)   A special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28.  (Ord. 139-07.  Passed 11-19-07.)
      (12)   The Senate Sergeant of Arms and or Assistant Sergeant at Arms;
      (13)   A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in Section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States Department of Transportation as provided in Parts 1542 and 1544 of Title 49 of the Code of Federal Regulations, as amended.
         (Ord. 1-14.  Passed 1-13-14.)
   (l)   "Privilege" means an immunity, license or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office or relationship, or growing out of necessity.
   (m)    "Contraband" means any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property’s involvement in an offense.  “Contraband” includes, but is not limited to, all of the following:
      (1)   Any controlled substance, as defined in Ohio  R.C.  3719.01, or any device, or paraphernalia;
      (2)   Any unlawful gambling device, or paraphernalia;
      (3)   Any dangerous ordnance or obscene material.
         (Ord. 139-07.  Passed 11-19-07.)
   (n)   “School safety zone” consists of a school, school building, school premises, school activity, and school bus.
   (o)   “School”, “school building” and “school premises” have the same meaning as in Ohio R.C. 2925.01.
   (p)   “School activity” means any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under Ohio R.C. Chapter 3314; a governing body of an educational service center; or the governing body of a nonpublic school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07.
   (q)   “School bus” has the same meaning as in Ohio R.C. 4511.01.
      (Ord. 31-04.  Passed 2-23-04.)
501.02   CLASSIFICATION OF OFFENSES.
   As used in the Codified Ordinances:
   (a)   Offenses include misdemeanors of the first, second, third and fourth degree, minor misdemeanors and offenses not specifically classified.
   (b)   Regardless of the penalty that may be imposed, any offense specifically classified as a misdemeanor is a misdemeanor.
   (c)   Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty.
      (Ord. 52-04.  Passed 3-22-04.)
   (d)   Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following:
      (1)   For an offense committed prior to January 1, 2004, a fine not exceeding one hundred dollars ($100.00);
      (2)   For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars ($150.00), community service under division (D) of Ohio R.C. 2929.27, or a financial sanction other than a fine under Ohio R.C. 2929.28.
         (Ord. 102-11.  Passed 10-11-11.)
501.03   COMMON LAW OFFENSES ABROGATED.
   (a)   No conduct constitutes a criminal offense against the Municipality unless it is defined as an offense in the Codified Ordinances or any other Municipal ordinance.
   (b)   An offense is defined when one or more sections of the Codified Ordinances state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.
   (c)   This section does not affect the power of a court to punish for contempt or to any sanction authorized by law to enforce an order, civil judgment or decree. (ORC 2901.03)
501.04   RULES OF CONSTRUCTION.
   (a)   Except as otherwise provided in subsection (c) hereof, sections of the Codified Ordinances defining offenses or penalties shall be strictly construed against the Municipality and liberally construed in favor of the accused.
   (b)   Rules of criminal procedure and sections of the Ohio Revised Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy and sure administration of justice.
   (c)   Any provision of a section of the Codified Ordinances that refers to a previous conviction of or plea of guilty to a violation of a section of the Codified Ordinances or Ohio Revised Code or of a division of a section of the Codified Ordinances or Ohio Revised Code shall be construed to also refer to a previous conviction of or plea of guilty to a substantially equivalent offense under an existing or former law of this State, another state, or the United States or under an existing or former municipal ordinance.
   (d)   Any provision of the Codified Ordinances that refers to a section, or to a division of a section, of the Codified Ordinances that defines or specifies a criminal offense shall be construed to also refer to an existing or former law of this State, another state, or the United States, to an existing or former municipal ordinance, or to an existing or former division of any such existing or former law or ordinance that defines or specifies, or that defined or specified, a substantially equivalent offense. 
(ORC 2901.04; Ord. 87-05. Passed 5-9-05.)
501.05   CRIMINAL LAW JURISDICTION.
   (a)    A person is subject to misdemeanor prosecution and punishment in this Municipality if any of the following occur:
      (1)   The person commits an offense under the laws of this Municipality, any element of which takes place in this Municipality.
      (2)   While in this Municipality, the person attempts to commit, or is guilty of complicity in the commission of, an offense in another jurisdiction, which offense is an offense under both the laws of this Municipality or this State and the other jurisdiction, or, while in this Municipality, the person conspires to commit an offense in another jurisdiction, which offense is an offense under both the laws of this Municipality or this State and the other jurisdiction, and a substantial overt act in furtherance of the conspiracy is undertaken in this Municipality by the person or another person involved in the conspiracy, subsequent to the person’s entrance into the conspiracy.  In any case in which a person attempts to commit, is guilty of complicity in the commission of, or conspires to commit an offense in another jurisdiction as described in this subsection, the person is subject to criminal prosecution and punishment in this Municipality for the attempt, complicity, or conspiracy, and for any resulting offense that is committed or completed in the other jurisdiction.
      (3)   While out of this Municipality, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in this Municipality.
      (4)   While out of this Municipality, the person omits to perform a legal duty imposed by the laws of this Municipality, which omission affects a legitimate interest of the Municipality in protecting, governing or regulating any person, property, thing, transaction or activity in this Municipality.
      (5)   While out of this Municipality, the person unlawfully takes or retains property and subsequently brings any of the unlawfully taken or retained property into this Municipality.
      (6)   While out of this Municipality, the person unlawfully takes or entices another and subsequently brings the other person into this Municipality.
      (7)   The person, by means of a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, causes or knowingly permits any writing, data, image, or other telecommunication to be disseminated or transmitted into this Municipality in violation of the law of this Municipality.
   (b)   This Municipality includes the land and water within its boundaries and the air space above such land and water, and real property outside the corporate limits, with respect to which this Municipality has either exclusive or concurrent legislative jurisdiction.  Where the boundary between this Municipality and another jurisdiction is disputed, the disputed territory is conclusively presumed to be within this Municipality for purposes of this section.
   (c)   When an offense is committed under the laws of this Municipality, and it appears beyond a reasonable doubt that the offense or any element of the offense took place either in this Municipality or in another jurisdiction or jurisdictions, but it cannot reasonably be determined in which it took place, the offense or element is conclusively presumed to have taken place in this Municipality for purposes of this section.
   (d)   When a person is subject to criminal prosecution and punishment in this Municipality for an offense committed or completed outside of this Municipality, the person is subject to all specifications for that offense that would be applicable if the offense had been committed within this Municipality.
   (e)   Any act, conduct, or element that is a basis of a person being subject under this section to criminal prosecution and punishment in this Municipality need not be committed personally by the person as long as it is committed by another person who is in complicity or conspiracy with the person.
   (f)   This section shall be liberally construed, consistent with constitutional limitations, to allow this Municipality the broadest possible jurisdiction over offenses and persons committing offenses in, or affecting, this Municipality.
   (g)   For purposes of subsection (a)(2) of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed.
   (h)   As used in this section, “computer”, “computer system”, “computer network”, “information service”, “telecommunication”, “telecommunications device”, “telecommunications service”, “data”, and “writing” have the same meaning as in Ohio R.C. 2913.01.
(Ord. 133-06.  Passed 10-23-06.)
501.06   LIMITATION OF CRIMINAL PROSECUTION.
   (a)   Except as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:
      (1)   For misdemeanor other than a minor misdemeanor, two years;
      (2)   For a minor misdemeanor, six months.
   (b)   If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by his legal representative who is not himself a party to the offense.
   (c)   (1)   If the period of limitation provided in this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time:
         A.   For an offense involving misconduct in office by a public servant at any time while the accused remains a  public servant, or within two years thereafter;
         B.   For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.
      (2)   As used in this subsection:
         A.   An “offense is directly related to the misconduct in office of a public servant” includes, but is not limited to, a violation of Ohio R.C. 101.71, 101.91, 121.61 or 2921.13, division (F) or (H) of Ohio R.C. 102.03, division (A) of Ohio R.C. 2921.02, division (A) or (B) of Ohio R.C. 2921.43, or division (F) or (G) of Ohio R.C. 3517.13, that is directly related to an offense involving misconduct in office of a public servant.
         B.   “Public servant” has the same meaning as in Section 525.01.
   (d)   An offense is committed when every element of the offense occurs.  In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's accountability for it terminates, whichever occurs first.
   (e)   A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs first.  A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same.  A prosecution is not commenced upon issuance of a warrant, summons, citation or other process, unless reasonable diligence is exercised to execute the same.
   (f)   The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
   (g)   The period of limitation shall not run during any time when the accused purposely avoids prosecution.  Proof that the accused absented himself from this Municipality or concealed his identity or whereabouts is prima-facie evidence of his purpose to avoid prosecution.
   (h)   The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this State, even though the indictment, information or process that commenced the prosecution is quashed or the proceedings on the indictment, information or process are set aside or reversed on appeal.
   (i)    The period of limitation for a violation of any provision of this General Offenses Code that involves a physical or mental wound, injury, disability or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a child with a developmental disability or physical impairment under twenty-one years of age shall not begin to run until either of the following occurs: (Ord. 101-16. Passed 12-5-16.)
      (1)   The victim of the offense reaches the age of majority.
      (2)   A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.  (ORC 2901.13)
   (j)   This section shall not apply to prosecutions commenced within the period of limitations set forth in Ohio R.C. 718.12(B) for violations of the Municipal income tax ordinance.
(Ord. 157-08.  Passed 12-8-08.)
501.07   REQUIREMENTS FOR CRIMINAL LIABILITY.
   (a)   Except as provided in subsection (b) hereof, a person is not guilty of an offense unless both of the following apply:
      (1)   The person’s liability is based on conduct that includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing;
      (2)   The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the language defining the offense.
   (b)   When the language defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in the section, then culpability is not required for a person to be guilty of the offense. The fact that one subsection of a section plainly indicates a purpose to impose strict liability for an offense defined in that subsection does not by itself plainly indicate a purpose to impose strict criminal liability for an offense defined in other subsections of the section that do not specify a degree of culpability.
   (c)   (1)   When language defining an element of an offense that is related to knowledge or intent or to which mens rea could fairly be applied neither specifies culpability nor plainly indicates a purpose to impose strict liability, the element of the offense is established only if a person acts recklessly.
      (2)   Subsection (c)(1) of this section does not apply to offenses defined in the Traffic Code.
      (3)   Subsection (c)(1) of this section does not relieve the prosecution of the burden of proving the culpable mental state required by any definition incorporated into the offense.
   (d)   Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense.  Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense.  Evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.
   (e)   As used in this section:
      (1)   Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor’s control of the thing possessed for a sufficient time to have ended possession.
      (2)   Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor's volition, are involuntary acts.
      (3)   "Culpability" means purpose, knowledge, recklessness or negligence, as defined in Section 501.08.
      (4)   “Intoxication” includes, but is not limited to, intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug. 
         (ORC 2901.21; Ord. 99-15.  Passed 11-23-15.)
501.08   CULPABLE MENTAL STATES.
   (a)   A person acts purposely when it is the person’s specific intention to cause a certain result, or when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender’s specific intention to engage in conduct of that nature.
   (b)   A person acts knowingly, regardless of purpose, when the person is aware that the person’s conduct will probably cause a certain result or will probably be of a certain nature.  A person has knowledge of circumstances when the person is aware that such circumstances probably exist. 
   When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact.
   (c)   A person acts recklessly when, with heedless indifference to the consequences, the person perversely disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause a certain result or is likely to be of a certain nature.  A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person perversely disregards a substantial and unjustifiable risk that such circumstances are likely to exist.
   (d)   A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person’s conduct may cause a certain result or may be of a certain nature.  A person is negligent with respect to circumstances when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.
   (e)   When the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge or purpose is also sufficient culpability for such element.  When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for such element.  When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for such element. 
(ORC 2901.22; Ord. 99-15.  Passed 11-23-15.)
501.09   ATTEMPT.
   (a)   No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.
   (b)   It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
   (c)   No person who is convicted of committing a specific offense or of complicity in the commission of an offense, shall be convicted of an attempt to commit the same offense in violation of this section.
   (d)   It is an affirmative defense to a charge under this section that the actor abandoned the actor’s effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of the actor’s criminal purpose.
   (e)   Whoever violates this section is guilty of an attempt to commit an offense.  An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt.  An attempt to commit any other misdemeanor is a misdemeanor of the next lesser degree than the misdemeanor attempted.  In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony under the Ohio Revised Code, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor.  An attempt to commit a minor misdemeanor is not an offense under this section. 
   (f)   As used in this section, “drug abuse offense” has the same meaning as in Ohio R.C. 2925.01.  (ORC 2923.02; Ord.  65-01.  Passed 5-14-01.)
501.10   COMPLICITY.
   (a)   No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:
(1)   Solicit or procure another to commit the offense;
(2)   Aid or abet another in committing the offense;
(3)   Cause an innocent or irresponsible person to commit the offense.
   (b)   It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.
   (c)   No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Section 501.09. (A.O.)
   (d)   If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense or an offense, the court when it charges the jury, shall state substantially the following:
   "The testimony of an accomplice does not become inadmissible because of his complicity, moral turpitude or self-interest, but the admitted or claimed complicity of a witness may affect his credibility and make his testimony subject to grave suspicion, and require that it be weighed with great caution.
   "It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and to determine its quality and worth or its lack of quality and worth."
(Ord. 38-88. Passed 2-22-88.)
   (e)   It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his complicity, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.
   (f)   Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(ORC 2923.03)
501.11   ORGANIZATIONAL CRIMINAL LIABILITY.
   (a)   An organization may be convicted of an offense under any of the following circumstances:
      (1)   The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf and within the scope of the officer’s, agent’s or employee’s office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (2)   A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent or employee of the organization acting in its behalf and within the scope of the officer’s, agent’s or employee’s office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (3)   The offense consists of an omission to discharge a specific duty imposed by law on the organization.
      (4)   If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high managerial officer, agent or employee acting in behalf of the organization and within the scope of such a board’s or person’s office or employment.
 
   (b)   If strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.
 
   (c)   In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission.  This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.
 
   (d)   As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust or other commercial or legal entity.  "Organization" does not include an entity organized as or by a governmental agency for the execution of a governmental program. 
(Ord. 103-12.  Passed 11-26-12.)
501.12   PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.
   (a)   An officer, agent or employee of an organization as defined in Section 501.11 may be prosecuted for an offense committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any of the following apply:
(1)   In the name of the organization or in its behalf, he engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility;
(2)   He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
   (b)   When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted in his own behalf.
(ORC 2901.24)
501.13   DISPOSITION OF PROPERTY.
   (a)   Any property, other than contraband that is subject to the provisions of Ohio R.C. 2933.43 and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2933.42, that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited, and that is in the custody of the Police Department, shall be kept safely pending the time it no longer is needed as evidence, and shall be disposed of pursuant to this section. The Police Department shall maintain an accurate record of any lost, abandoned, stolen, seized or forfeited property in its custody. The record shall include the manner in which it was disposed of, the date of its disposition and the name of the person who received the property if it was not destroyed. The record of any property that is no longer needed as evidence shall be open to public inspection during the Department's regular business hours.
   (b)   When the Police Department has property in its possession that is required to be disposed of pursuant to this section, it shall make a reasonable effort to locate the persons entitled to possession of the property in its custody, to notify them of when and where it may be claimed and to return the property to them at the earliest possible time. In the absence of evidence idenitfying persons entitled to custody, it is sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the property in custody, and inviting persons to view and establish their right to it. Property except that listed under subsection (c)(1) and (2) and subsection (d)(1), (2), (3) and (4) herein, which is turned in to the Police Department shall be returned to the person finding the property after sixty days have passed from the date it was turned in to the Police Department.
   (c)   A person loses any right he may have to the possession of property if either of the following apply:
(1)   The property was the subject, or was used in a conspiracy or attempt to commit, or in the commission, of an offense other than a traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense;
(2)   When a court determines that the property should be forfeited because, in light of the nature of the property or the circumstances of such person, it is unlawful for the person to acquire or possess the property.
   (d)   Unclaimed or forfeited property in the custody of the Police Department other than contraband that is subject to the provisions of Ohio R.C. 2933.43 and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2933.42, shall be disposed of as follows:
(1)   Drugs shall be disposed of pursuant to Ohio R.C. 3719.11.
(2)   Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use, or as museum pieces or collectors' items, and other firearms that are in safe operating condition but will not be used by the Police Department may be sold or traded for weapons or other equipment suitable for police work to a dealer having a license to sell firearms pursuant to the Gun Control Act of 1968, 82 Stat. 1213, 18 U.S.C. 923 and any amendments or additions thereto or any reenactments thereof.
(3)   All firearms of the type commonly known as "Saturday Night Specials" and all other dangerous ordnance shall be destroyed.
(4)   Obscene materials shall be destroyed.
(5)   Beer, intoxicating liquor or alcohol seized from a person who is not the holder of a permit issued under Ohio R.C. Chapters 4301 and 4303, or is an offender, and forfeited to the State under Ohio R.C. 4301.45 and 4301.53 shall be sold by the Department of Liquor Control, if the Department determines that the beer, intoxicating liquor or alcohol is fit for sale. If any tax imposed under Ohio R.C. Title XLIII has not been paid in relation to the beer, intoxicating liquor or alcohol, the proceeds of the sale shall first be used to pay the tax. All other moneys collected under subsection (d)(5) hereof shall be paid into the State Treasury. Any such beer, intoxicating liquor or alcohol that the Department determines to be unfit for sale shall be destroyed.
(6)   Vehicle and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in the performance of its duties. Such parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives thereof may be sold or disposed of as provided by rules of the Director of Highway Safety. Parts from which a vehicle identification number or derivative thereof has been removed, defaced, covered, altered or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
(7)    A.   Computers, computer networks, computer systems and computer software suitable for police work may be given to a law enforcement agency for that purpose, other computers, computer networks, computer systems and computer software shall be disposed of pursuant to subsection (d)(8) hereof.
B.   As used in this section "computers", "computer networks", "computer systems", and "computer software" have the same meaning as in Ohio R.C. 2913.01.
(8)   Other unclaimed or forfeited property may be used by the law enforcement agency that has possession of it. If the other unclaimed or forfeited property is not used by the law enforcement agency, it may be sold at public auction, or disposed of in another manner that the Chief of Police determines is proper in the circumstances.
(9)   Contraband that is subject to the provisions of Ohio R.C. 2933.43 and Property that has been lawfully seized in relation to a violation of Ohio R.C. 2933.42, and property that has been lawfully seized as evidence in relation to any violation wherein an arrest was made, shall be disposed of on application to and order of any court of record that has territorial jurisdiction over the Municipality.
(e)    (1)   Except as provided in subsections (d)(5), (e)(2) and (f) hereof, the proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the Municipality.
(2)   Upon receipt of a notice of the recognition of a citizens' reward program by the County, each law enforcement agency shall pay twenty-five percent (25%) of the proceeds from each sale of property disposed of pursuant to this section to the citizens' reward program for use exclusively for the payment of rewards.
   (f)   This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. 121-90. Passed 7-23-90.)
501.99   PENALTIES FOR MISDEMEANORS.
   (a)   Financial Sanctions.  In addition to imposing court costs pursuant to Ohio R.C. 2947.23, the court imposing a sentence upon an offender for a misdemeanor committed under the Codified Ordinances, including a minor misdemeanor, may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section.  If the court in its discretion imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following:
      (1)   Restitution.  Unless the misdemeanor offense is a minor misdemeanor or could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13, restitution by the offender to the victim of the offender’s crime or any survivor of the victim, in an amount based on the victim’s economic loss.  The court may not impose restitution as a sanction pursuant to this section if the offense is a minor misdemeanor or could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13.  If the court requires restitution, the court shall order that the restitution be made to the victim in open court or to the adult probation department that serves the jurisdiction or the clerk of the court on behalf of the victim.
If the court imposes restitution, the court shall determine the amount of restitution to be paid by the offender.  If the court imposes restitution, the court may base the amount of restitution it orders on an amount recommended by the victim, the offender, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing property, and other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense.  If the court decides to impose restitution, the court shall hold an evidentiary hearing on restitution if the offender, victim or survivor disputes the amount of restitution.  If the court holds an evidentiary hearing, at the hearing the victim or survivor has the burden to prove by a preponderance of the evidence the amount of restitution sought from the offender.
All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or any survivor of the victim against the offender.  No person may introduce evidence of an award of restitution under this section in a civil action for purposes of imposing liability against an insurer under Ohio R.C. 3937.18.
If the court imposes restitution, the court may order that the offender pay a surcharge, of not more than five per cent of the amount of the restitution otherwise ordered, to the entity responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the case file a motion, or the offender may file a motion, for modification of the payment terms of any restitution ordered.  If the court grants the motion, it may modify the payment terms as it determines appropriate.
(Ord. 102-11.  Passed 10-11-11.)
      (2)   Fines.  A fine in the following amount:
         A.   For a misdemeanor of the first degree, not more than one thousand dollars ($1,000);
         B.   For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
         C.   For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
         D.   For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00);
         E.   For a minor misdemeanor, not more than one hundred fifty dollars ($150.00).
      (3)   Reimbursement of costs of sanctions.
         A.   Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including, but not limited to, the following:
            1.   All or part of the costs of implementing any community control sanction, including a supervision fee under Ohio R.C. 2951.021;
            2.   All or part of the costs of confinement in a jail or other residential facility, including, but not limited to, a per diem fee for room and board, the costs of medical and dental treatment, and the costs of repairing property damaged by the offender while confined.
         B.   The amount of reimbursement ordered under subsection (a)(3)A. of this section shall not exceed the total amount of reimbursement the offender is able to pay and shall not exceed the actual cost of the sanctions.  The court may collect any amount of reimbursement the offender is required to pay under that subsection.  If the court does not order reimbursement under that subsection, confinement costs may be assessed pursuant to a repayment policy adopted under Ohio R.C. 2929.37.  In addition, the offender may be required to pay the fees specified in Ohio R.C. 2929.38 in accordance with that section.
            (ORC 2929.28)
   (b)   Jail Terms. 
      (1)   Except as provided in Ohio R.C. 2929.22 or 2929.23 of the Revised Code, and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this General Offenses Code, the court shall impose a definite jail term that shall be one of the following:   
A.   For a misdemeanor of the first degree, not more than one hundred eighty days;
B.   For a misdemeanor of the second degree, not more than ninety days;
C.   For a misdemeanor of the third degree, not more than sixty days;
D.   For a misdemeanor of the fourth degree, not more than thirty days.  (ORC 2929.31)
      (2)   A.   A court that sentences an offender to a jail term under this section may permit the offender to serve the sentenced in intermittent confinement or may authorize a limited release of the offender as provided in Ohio R.C. 2929.26(B).  The court retains jurisdiction over every offender sentenced to jail to modify the jail sentence imposed at any time, but the court shall not reduce any mandatory jail term.
         B.   1.   If a prosecutor, as defined in Ohio R.C. 2935.01, has filed a notice with the court that the prosecutor wants to be notified about a particular case and if the court is considering modifying the jail sentence of the offender in that case, the court shall notify the prosecutor that the court is considering modifying the jail sentence of the offender in that case.  The prosecutor may request a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, and, if the prosecutor requests a hearing, the court shall notify the eligible offender of the hearing.
      2.   If the prosecutor requests a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, the court shall hold the hearing before considering whether or not to release the offender from the offender’s jail sentence.
               (Ord. 110-10.  Passed 12-6-10.)
      (3)   If a court sentences an offender to a jail term under this section and the court assigns the offender to a county jail that has established a county jail industry program pursuant to Ohio R.C. 5147.30, the court shall specify, as part of the sentence, whether the offender may be considered for participation in the program.  During the offender’s term in the county jail, the court retains jurisdiction to modify its specification regarding the offender’s participation in the county jail industry program.
      (4)   If a person is sentenced to a jail term pursuant to this section, the court may impose as part of the sentence pursuant to Ohio R.C. 2929.28 a reimbursement sanction, and, if the local detention facility in which the term is to be served is covered by a policy adopted pursuant to Ohio R.C. 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 and Ohio R.C. 2929.37, both of the following apply:
         A.   The court shall specify both of the following as part of the sentence:
            1.   If the person is presented with an itemized bill pursuant to Ohio R.C. 2929.37 for payment of the costs of confinement, the person is required to pay the bill in accordance with that section.
            2.   If the person does not dispute the bill described in subsection (b)(4)A.1. of this section and does not pay the bill by the times specified in Ohio R.C. 2929.37, the clerk of the court may issue a certificate of judgment against the person as described in that section.
         B.   The sentence automatically includes any certificate of judgment issued as described in subsection (b)(4)A.2. of this section.
            (ORC 2929.24)
   (c)   Organizations.  Regardless of the penalties provided in subsections (a) and (b) hereof, an organization convicted of an offense pursuant to Section 501.11 shall be fined, in accordance with this section.  The court shall fix the fine as follows:
 
 
Type of Misdemeanor
Maximum Fine
First degree
$5000.00
Second degree
  4000.00
Third degree
  3000.00
Fourth degree
  2000.00
Minor
  1000.00
Misdemeanor not specifically classified
  2000.00
Minor misdemeanor not  specifically classified
  1000.00
      (1)   When an organization is convicted of an offense that is not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then the penalty so provided shall be imposed in lieu of the penalty provided in this subsection (c).
      (2)   When an organization is convicted of an offense that is not specifically classified, and the penalty provided includes a higher fine than the fine that is provided in this subsection (c), then the penalty imposed shall be pursuant to the penalty provided for the violation of the section defining the offense.
      (3)   This subsection (c) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 501.11, either in addition to or in lieu of a fine imposed pursuant to this subsection (c).
         (ORC 2929.31)
   (d)   Upon the motion of any person who is convicted of or pleads guilty to a misdemeanor, the court may in its discretion require that person to perform supervised community service work under authority of the City of Fairfield in lieu of imprisonment or the payment of a fine or the payment of court costs or any combination thereof. The following do not control the court's discretion, but shall be considered in favor of allowing an offender to perform supervised community service work in lieu of imprisonment or the payment of a fine:
      (1)   The offense did not cause property damage or personal injury to others.
      (2)   The offense was the result of circumstances unlikely to recur.
      (3)   The offender has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial period before commission of the present offense.
      (4)   The character and attitude of the offender indicate that he is unlikely to commit another offense.
      (5)   Imprisonment of the offender will entail undue hardship to himself or his dependents.
   Supervised community service work under this section shall not be considered a suspension of sentence.
(Ord. 87-05.  Passed 5-9-05.)