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Ironton Overview
Ironton, OH Code of Ordinances
IRONTON, OHIO CODE OF ORDINANCES
OFFICIALS PAGE
ADOPTING ORDINANCE
CHARTER OF THE CITY OF IRONTON, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
CHAPTER 606: GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT
CHAPTER 612: ALCOHOLIC BEVERAGES
CHAPTER 618: ANIMALS
CHAPTER 624: DRUGS
CHAPTER 626: FAIR EMPLOYMENT
CHAPTER 628: FAIR HOUSING
CHAPTER 630: GAMBLING
CHAPTER 636: OFFENSES RELATING TO PERSONS
CHAPTER 642: OFFENSES RELATING TO PROPERTY
CHAPTER 648: PEACE DISTURBANCES
CHAPTER 654: RAILROADS
CHAPTER 660: SAFETY, SANITATION AND HEALTH
CHAPTER 666: SEX RELATED OFFENSES
CHAPTER 672: WEAPONS AND EXPLOSIVES
CHAPTER 698: PENALTIES AND SENTENCING
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 606.24 DISPOSITION OF UNCLAIMED OR FORFEITED PROPERTY HELD BY POLICE DEPARTMENT.
   (a)   Safekeeping of property in custody.
      (1)   A.   Any property 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 by the Police Department, pending the time it no longer is needed as evidence or for another lawful purpose, and shall be disposed of pursuant to this section or Ohio R.C. 2981.12 and 2981.13.
         B.   This section does not apply to the custody and disposal of any of the following:
            1.   Vehicles subject to forfeiture under Ohio R.C. Title 45, except as provided in division (b)(1)F. of this section;
            2.   Abandoned junk motor vehicles or other property of negligible value;
            3.   Property held by a department of rehabilitation and correction institution that is unclaimed, that does not have an identified owner, that the owner agrees to dispose of, or that is identified by the department as having little value;
            4.   Animals taken, and devices used in unlawfully taking animals, under Ohio R.C. 1531.20;
            5.   Controlled substances sold by a peace officer in the performance of the officer’s official duties under Ohio R.C. 3719.141;
            6.   Property recovered by a township law enforcement agency under Ohio R.C. 505.105 to 505.109;
            7.   Property held and disposed of under an ordinance of the municipality or under Ohio R.C. 737.29 to 737.33, except that if the municipality has received notice of a citizens’ reward program as provided in division (b)(5) of this section and disposes of property under an ordinance shall pay 25 percent of any moneys acquired from any sale or auction to the citizens’ reward program.
      (2)   A.   The Police Department shall adopt and comply with a written internal control policy that does all of the following:
            1.   Provides for keeping detailed records as to the amount of property acquired by the Police Department and the date property was acquired;
            2.   Provides for keeping detailed records of the disposition of the property, which shall include, but not be limited to, both of the following:
               a.   The manner in which it was disposed, the date of disposition, detailed financial records concerning any property sold, and the name of any person who received the property. The record shall not identify or enable identification of the individual officer who seized any item of property.
               b.   An itemized list of the specific expenditures made with amounts that are gained from the sale of the property and that are retained by the agency, including the specific amount expended on each expenditure, except that the policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.
            3.   Complies with Ohio R.C. 2981.13 if the Police Department has a law enforcement trust fund or similar fund created under that section.
         B.   The records kept under the internal control policy shall be open to public inspection during the Police Department’s regular business hours. The policy adopted under this section is a public record open for inspection under Ohio R.C. 149.43.
      (3)   The Police Department, with custody of property to be disposed of under this section or Ohio R.C. 2981.12 or 2981.13, shall make a reasonable effort to locate persons entitled to possession of the property, 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 identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the county and to briefly describe the nature of the property in custody and inviting persons to view and establish their right to it.
      (4)   As used in this section:
         A.   “Citizens’ reward program” has the same meaning as in Ohio R.C. 9.92.
         B.   “Law enforcement agency” includes correctional institutions.
         C.   “Township law enforcement agency” means an organized police department of a township, a township police district, a joint police district, or the office of a township constable.
(ORC 2981.11)
   (b)   Disposition of unclaimed or forfeited property.
      (1)   Unclaimed or forfeited property in the custody of the Police Department, other than property described in division (a)(1)B. of this section, shall be disposed of by order of any court of record that has territorial jurisdiction over the municipality, as follows:
         A.   Drugs shall be disposed of pursuant to Ohio R.C. 3719.11 or placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
         B.   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 may be sold at public auction pursuant to division (b)(2) of this section. The Police Department may sell other firearms and dangerous ordnance to a federally licensed firearms dealer in a manner that the court considers proper. The Police Department shall destroy any firearms or dangerous ordnance not given to a law enforcement agency or sold or shall send them to the Bureau of Criminal Identification and Investigation for destruction by the Bureau.
         C.   Obscene materials shall be destroyed.
         D.   Beer, intoxicating liquor, or alcohol seized from a person who does not hold a permit issued under Ohio R.C. Chapters 4301 and 4303 or otherwise forfeited to the state for an offense under Ohio R.C. 4301.45 or Ohio R.C. 4301.53 shall be sold by the Division of Liquor Control if the Division determines that it is fit for sale or shall be placed in the custody of the Investigations Unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Ohio Department of Public Safety, with the assistance of the Division of Liquor Control, shall adopt rules in accordance with Ohio R.C. Chapter 119 to provide for the distribution to state or local law enforcement agencies upon their request. If any tax imposed under Ohio R.C. Title 43 has not been paid in relation to the beer, intoxicating liquor, or alcohol, any moneys acquired from the sale shall first be used to pay the tax. All other money collected under this division (b)(1)D. shall be paid into the state treasury. Any beer, intoxicating liquor, or alcohol that the Division determines to be unfit for sale shall be destroyed.
         E.   Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates’ industrial and entertainment fund of the institution if the sender is not known.
         F.   1.   Any mobile instrumentality forfeited under Ohio R.C. Chapter 2981 may be given to the law enforcement agency that initially seized the mobile instrumentality for use in performing its duties, if the agency wants the mobile instrumentality. The agency shall take the mobile instrumentality subject to any security interest or lien on the mobile instrumentality.
            2.   Vehicles and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in performing its duties. Those parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives of them may be sold or disposed of as provided by rules of the Director of Public Safety. Parts from which a vehicle identification number or derivative of it 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.
         G.   Computers, computer networks, computer systems, and computer software suitable for police work may be given to a law enforcement agency for that purpose or disposed of under division (b)(2) of this section.
         H.   Money seized in connection with a violation of Ohio R.C. 2905.32, 2907.21, or 2907.22 shall be deposited in the Victims of Human Trafficking Fund created by Ohio R.C. 5101.87.
      (2)   Unclaimed or forfeited property that is not described in division (b)(1) of this section or division (a)(1)B. of this section, with court approval, may be used by the law enforcement agency in possession of it. If it is not used by the agency, it may be sold without appraisal at a public auction to the highest bidder for cash or disposed of in another manner that the court considers proper.
      (3)   Except as provided in divisions (b)(1) and (b)(5) of this section and after compliance with division (b)(4) of this section when applicable, any moneys acquired from the sale of property disposed of pursuant to this section shall be placed in the general revenue fund of the state, or the general fund of the municipality.
      (4)   If the property was in the possession of the Police Department in relation to a delinquent child proceeding in a juvenile court, 10% of any moneys acquired from the sale of property disposed of under this section shall be applied to one or more community addiction services providers, as defined in R.C. § 5119.01. A juvenile court shall not specify a services provider, except as provided in this division, unless the services provider is in the same county as the court or in a contiguous county. If no services provider is located in any of those counties, the juvenile court may specify a services provider anywhere in Ohio. The remaining 90% of the proceeds or cash shall be applied as provided in division (b)(3) of this section.
      (5)   A.   If the Board of County Commissioners recognizes a citizens’ reward program under Ohio R.C. 9.92, the Board shall notify the Police Department of the recognition by filing a copy of its resolution conferring that recognition with the Police Department. When the Board recognizes a citizens’ reward program and the county includes a part, but not all, of the territory of the municipality, the Board shall so notify the Police Department of the recognition of the citizens’ reward program only if the county contains the highest percentage of the municipality’s population.
         B.   Upon being so notified, the Police Department shall pay 25 percent of any forfeited proceeds or cash derived from each sale of property disposed of pursuant to this section to the citizens’ reward program for use exclusively to pay rewards. No part of the funds may be used to pay expenses associated with the program. If a citizens’ reward program that operates in more than one county or in another state in addition to this state receives funds under this section, the funds shall be used to pay rewards only for tips and information to law enforcement agencies concerning offenses committed in the county from which the funds were received.
      (6)   Any property forfeited under Ohio R.C. Chapter 2981 not be used to pay any fine imposed upon a person who is convicted of or pleads guilty to an underlying criminal offense or a different offense arising out of the same facts and circumstances.
      (7)   Any moneys acquired from the sale of personal effects, tools, or other property seized because the personal effects, tools, or other property were used in the commission of a violation of Ohio R.C. 2905.32, 2907.21, or 2907.22 or derived from the proceeds of the commission of a violation of Ohio R.C. 2905.32, 2907.21, or 2907.22 and disposed of pursuant to this division (b) shall be placed in the Victims of Human Trafficking Fund created by Ohio R.C. 5101.87.
(ORC 2981.12)
   (c)   Disposition of Contraband, Proceeds, or Instrumentalities. Except as otherwise provided in Ohio R.C. 2981.13, property ordered forfeited as contraband, proceeds, or an instrumentality pursuant to Ohio R.C. Chapter 2981 shall be disposed of, used, or sold pursuant to division (b) of this section or Ohio R.C. 2981.12. If the property is to be sold under division (b) of this section or Ohio R.C. 2981.12, the prosecutor shall cause notice of the proposed sale to be given in accordance with law.
(ORC 2981.13(A))
Statutory reference:
   Forfeiture of property generally, see R.C. Chapter 2981
§ 606.25 IMPERSONATING AN OFFICER.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Federal law enforcement officer.” An employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
      (2)   “Impersonate.” To act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
      (3)   “Investigator of the Bureau of Criminal Identification and Investigation.” Has the same meaning as in Ohio R.C. 2903.11.
      (4)   “Peace officer.” A Sheriff, Deputy Sheriff, Marshal, Deputy Marshal, member of the organized police department of a municipal corporation or township constable, who is employed by a political subdivision of this state; a member of a police force employed by a metropolitan housing authority under R.C. § 3735.31(D); a member of a police force employed by a regional transit authority under R.C. § 306.35(Y); a state university law enforcement officer appointed under R.C. § 3345.04; a veterans’ home police officer appointed under R.C. § 5907.02; a special police officer employed by a port authority under R.C. § 4582.04 or § 4582.28; an officer, agent or employee of the state or any of its agencies, instrumentalities or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a State Highway Patrol trooper whose primary duties are to preserve the peace, to protect life and property and to enforce the laws, ordinances or rules of the state or any of its political subdivisions.
      (5)   “Private police officer.” Any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.
   (b)   No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or federal law enforcement officer.
   (c)   No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or federal law enforcement officer, shall arrest or detain any person, search any person, or search the property of any person.
   (d)   No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, a private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or the state, or investigator of the Bureau of Criminal Identification and Investigation.
   (e)   No person shall commit a felony while impersonating a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state, or investigator of the Bureau of Criminal Identification and Investigation.
   (f)   It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state, or investigator of the Bureau of Criminal Identification and Investigation was for a lawful purpose.
   (g)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (d) of this section is to commit or facilitate the commission of a felony, a violation of division (d) is a felony to be prosecuted under appropriate state law. Whoever violates division (e) of this section is guilty of a felony to be prosecuted under appropriate state law.
(ORC 2921.51)
§ 606.26 DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
   (a)   No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
   (b)   Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.
(ORC 2913.441)
§ 606.27 REWARDS.
   Whoever provides information which leads to the arrest and subsequent conviction of a person accused of vandalism or theft of Municipal property is eligible to receive a reward of twenty-five dollars ($25.00). Such reward shall be given at the sole discretion of the city to those individuals deemed to qualify therefor.
(Ord. 79-66, passed 10-11-1979)
§ 606.28 FALSE REPORT OF CHILD ABUSE OR NEGLECT.
   (a)   No person shall knowingly make or cause another person to make a false report under Ohio R.C. 2151.421(B) alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in Ohio R.C. 2151.031 or a neglected child as defined in Ohio R.C. 2151.03.
   (b)   Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree.
(ORC 2921.14)
§ 606.29 USING SHAM LEGAL PROCESS.
   (a)   For the purpose of this section, the following definitions shall apply:
      (1)   “Lawfully issued.” Adopted, issued, or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.
      (2)   “Political subdivisions.” Municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
      (3)   “Sham legal process.” An instrument that meets all of the following conditions:
         A.   It is not lawfully issued.
         B.   It purports to do any of the following:
            1.   To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
            2.   To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
            3.   To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
         C.   It is designed to make another person believe that it is lawfully issued.
      (4)   “State.” A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. “State” does not include the political subdivisions of the state.
   (b)   No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
      (1)   Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.
      (2)   Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
      (3)   Knowingly commit or facilitate the commission of an offense using sham legal process.
      (4)   Knowingly commit a felony by using sham legal process.
   (c)   It is an affirmative defense to a charge under division (b)(1) or (2) of this section that the use of sham legal process was for a lawful purpose.
   (d)   Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate state law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate state law.
(ORC 2921.52(A) - (D))
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