CHAPTER 531
Minors
531.01   Distribution and sale of cigarettes, cigars and tobacco; vending machines.
531.02   Evidence of illegality.
531.03   Posting of signs.
531.04   Curfew.
531.05   Children of compulsory school age to be in attendance at school; parental duty imposed.
531.051   Criminal conduct of a child while at school.
531.06   Failure to supervise resulting in criminal conduct of a child.
 
CROSS REFERENCES
Liquor control violations - see GEN. OFF. 529.02 et seq.
Corruption of a minor - see GEN. OFF. 533.03
Disseminating matter harmful to juveniles - see GEN. OFF. 533.11 et seq.
Endangering children - GEN. OFF. 537.07
Furnishing firearms to minors - see GEN. OFF. 549.07
 
 
531.01 DISTRIBUTION AND SALE OF CIGARETTES, CIGARS AND TOBACCO; VENDING MACHINES.
   (a)   No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, cigars and tobacco, or any agent, employee or representative of a manufacturer, producer, distributor, wholesaler, or retailer shall do either of the following:
      (1)   Give, sell or otherwise distribute cigarettes, cigars or tobacco to any person under eighteen years of age;
      (2)   Give away, sell or otherwise distribute cigarettes or other tobacco products in any place that does not have a sign posted in a conspicuous place stating that giving, selling or otherwise distributing cigarettes or other tobacco products to a person under eighteen years of age is prohibited by law.
   (b)   No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:
      (1)   An area either:
         A.   Within a factory, business, office or other place not open to the general public; or
         B.   To which persons under the age of eighteen years are not generally permitted access.
      (2)   In any other place not identified in subsection (b)(1) hereof, upon all of the following conditions:
         A.   The vending machine is located within the immediate vicinity, in plain view, and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of such 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 within the immediate vicinity, in plain view, and control of the person who owns or operates the place, or an employee of such person.
         B.   The vending machine is inaccessible to the public when the place is closed.
   (c)   As used in this section, “vending machine” has the same meaning as “coin machine” as defined in Section 2913.01 of the Ohio Revised Code.
   (d)   Whoever violates this section is guilty of illegal distribution of cigarettes, cigars or tobacco, a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of this section, then illegal distribution of cigarettes, cigars or tobacco is a misdemeanor of the third degree.
(Ord. 13-2002. Passed 2-25-02.)
531.02 EVIDENCE OF ILLEGALITY.
   (a)   No person under eighteen years of age shall knowingly obtain, possess, purchase or use cigarettes, cigars or tobacco.
   (b)   Possession of cigarettes, cigars or tobacco by a person under eighteen years of age in any public place or in any motor vehicle upon public streets shall be considered prima- facie evidence that such cigarettes, cigars or tobacco have been illegally purchased or otherwise obtained.
   (c)   Violation of this section shall be punishable as a minor misdemeanor. If the offender has previously been convicted of a violation of this section, then violation of this section shall be punishable as a fourth degree misdemeanor.
(Ord. 68-1979. Passed 3-10-80.)
531.03 POSTING OF SIGNS.
   (a)   Every place in the City where cigarettes, cigars or tobacco are sold shall display at all times, in a prominent place on the premises thereof, a printed sign, which shall read substantially as follows:
WARNING TO PERSONS UNDER EIGHTEEN (18) YEARS
OF AGE
Under the Codified Ordinances of the City of Garfield Heights, Section 531.02 , it is unlawful for a person under eighteen (18) years of age to purchase, possess, procure, attempt to procure or use any cigarettes, cigars or tobacco and any person found violating this section shall be subject to punishment according to law.
   (b)   The sign, as required in subsection (a) hereof, shall be eighteen and one-half inches, in width and eleven and one-half inches in length. The lettering shall be in boldfaced red print on a white background and the sign shall be made from any material which is durable, sturdy and able to withstand constant handling.
 
   (c)   Whoever violates this section is guilty of a minor misdemeanor. If the offender has previously been convicted of a violation of this section, then violation of this section shall be punishable as a fourth degree misdemeanor. (Ord. 68-1979. Passed 3-10-80.)
531.04 CURFEW.
   (a)   Definitions. For the purposes of this section:
      (1)   "City" means the City of Garfield Heights.
      (2)   "Minor" means a person under the age of eighteen years.
      (3)   "Parent" means the natural or adoptive parent of a minor.
      (4)   "Guardian" means any person other than a parent who has legal guardianship of a minor.
      (5)   "Custodian" means any person over the age of eighteen who is in loco parentis to a juvenile.
      (6)   "Public place" means any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purposes. A public place includes but is not limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public, and also includes the front or immediate area of the above.
         (Ord. 113-1976. Passed 11-8-76.)
   (b)   Curfew; Hours of Operation.
      (1)   No minor, twelve years of age or under shall be upon the streets or sidewalks or in any public place from 9:00 p.m. to dawn; nor shall any minor between the age of thirteen through and including fourteen years be upon the streets or sidewalks or in any public place between the hours of 9:30 p.m. and 6:00 a.m., nor shall any minor between the age of fifteen through and including sixteen years be upon the streets or sidewalks or in any public place between the hours of 11:00 p.m. and 6:00 a.m.; nor shall any minor seventeen years of age be upon the streets or sidewalks or in any public place between the hours of 12:00 midnight and 6:00 a.m. unless accompanied by his parent or guardian or some responsible person over the age of twenty-one years or a member of his family eighteen years or older, except as follows: where a minor is attending or actively participating in a school, church or Citywide recognized organizational event, the curfew for such minor shall be one-half hour after the termination of such event.
         (Ord. 39-2007. Passed 5-14-07.)
      (2)   No parent, guardian, custodian or person having the responsibility and care of any minor twelve years of age or under shall permit or allow such minor to be upon the streets or sidewalks or in any public place during the period from 9:00 p.m. to dawn; nor shall any parent, guardian, custodian or person having the responsibility and care of any minor between the ages of thirteen through and including sixteen years of age allow such minor to be upon the streets and sidewalks or in any public place between the hours of 11:00 p.m. and 5:00 a.m. nor shall any parent, guardian, custodian or person having the responsibility and care of any minor seventeen years of age allow such minor to be upon the streets, sidewalks or in any public place between the hours of 12:00 midnight and 5:00 a.m. unless accompanied by such parent, guardian or responsible person over the age of twenty-one years of age or a member of his family eighteen years of age or older.
   (c)   Violations Procedure. Any police officer finding a person in violation of this section shall take such person to his or her home, discuss the provisions of this section with the parent, guardian or custodian and issue the appropriate citations to the minor violator and his or her parent, guardian or custodian. If such parent, guardian or custodian cannot be found, or lives outside the City, the police officer may detain such violator in a convenient place and notify such parent, guardian or custodian of his action.
(Ord. 113-1976. Passed 11-8-76.)
 
   (d)   Penalty. Any minor violating the provisions of this section is guilty of a misdemeanor of the fourth degree and shall be dealt with in accordance with juvenile court laws and procedures. Any parent, guardian or other person having the care and custody of a minor violating this section is guilty of a misdemeanor of the fourth degree for a first offense and shall be subject to the penalties applicable to such misdemeanor classification. A second or subsequent offense shall be punishable as a first degree misdemeanor and shall be subject to the penalties applicable to such misdemeanor classification. (Ord. 1-1995. Passed 1-9-95.)
531.05 CHILDREN OF COMPULSORY SCHOOL AGE TO BE IN ATTENDANCE AT SCHOOL; PARENTAL DUTY IMPOSED.
   (a)   No child between the ages of six and seventeen, inclusive, other than a child that has been expelled from school, shall be at any place within the City of Garfield Heights except in attendance at school between the hours of 9:00 a.m. and 2:00 p.m. during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child.
 
   (b)   Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit the child from acting contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
 
   (c)   It shall be an affirmative defense to divisions (a) and (b) of this section that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
 
   (d)   It shall be an affirmative defense to division (b) of this section that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section.
 
   (e)   A police officer or school attendance officer may transport any child found violating division (a) of this section to the child’s residence and may release the child into the care of a parent or legal guardian or to the school the child usually attends, the choice of destination to be made at the discretion of the police officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
   (f)   Penalty. Any minor violating the provisions of this section is guilty of a misdemeanor of the fourth degree and shall be dealt with in accordance with Juvenile Court laws and procedures. Any parent, guardian or other person having the care and custody of a minor violating this section is guilty of a minor misdemeanor for a first offense and shall be subject to the penalties applicable to such misdemeanor classification. A second offense shall be punishable as a fourth degree misdemeanor and shall be subject to the penalties applicable to such misdemeanor classification. A third or subsequent offense shall be punishable as a first degree misdemeanor and shall be subject to the penalties applicable to such misdemeanor classification. (Ord. 2-1995. Passed 4-10-95.)
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