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 which 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 which, 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 which carries a substantial risk of death;
(3) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity;
(4) Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious disfigurement;
(5) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain.
(f) “Serious physical harm to property” means any physical harm to property which 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 or 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.
(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, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2929.04, 2921.34, 2921.35, 2923.161, 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.
(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 such property. “Property” includes, but is not limited to, cable television service, computer data, computer software, financial instruments associated with computers and other documents associated with computers, or copies of the documents, whether in machine or human readable form. “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 meaning as in Ohio R.C. 2913.01.
(k) “Law enforcement officer” means any of the following:
(1) A sheriff, deputy sheriff, constable, police officer of a township or joint township 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;
(2) 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 the limits of such statutory duty and authority;
(3) The Mayor in his or her capacity as chief conservator of the peace within the Municipality;
(4) A member of an auxiliary police force organized by County, Township, or Municipal law enforcement authorities, within the scope of such 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 such person is called;
(6) A person appointed by the Mayor pursuant to Ohio R.C. 737.10 as a special patrolman or officer during riot or emergency, for the purposes and during the time when such person is appointed;
(7) A member of the organized militia of the State or the Armed Forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or to protect against domestic violence;
(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer or the Municipal Prosecutor;
(9) An Ohio Veterans' Home Policeman 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.
(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 described in the following categories:
(1) Property that in and of itself is unlawful for a person to acquire or possess;
(2) Property that is not in and of itself unlawful for a person to acquire or possess, but that has been determined by a court of this State, in accordance with law, to be contraband because of its use in an unlawful activity or manner, of its nature, or of the circumstances of the person who acquires or possesses it;
(3) Property that is specifically stated to be contraband by a section of the Ohio Revised Code or by an ordinance, regulation or resolution;
(4) Property that is forfeitable pursuant to a section of the Ohio Revised Code, or an ordinance, regulation or resolution, including, but not limited to, forfeitable firearms, dangerous ordnance and obscene materials;
(5) Any controlled substance, as defined in Section 513.01(b), or any device, paraphernalia, money, as defined in Ohio R.C. 1301.01, or other means of exchange that has been, is being or is intended to be used in an attempt or conspiracy to violate, or in a violation of, Chapter 513 of this General Offenses Code or Ohio R.C. Chapter 2925 or 3719;
(6) Any gambling device, paraphernalia, money, as defined in Ohio R.C. 1301.01, or other means of exchange that has been, is being or intended to be used in an attempt or conspiracy to violate, or in the violation of, Chapter 517 of this General Offenses Code or Ohio R.C. Chapter 2915;
(7) Any equipment, machine, device, apparatus, vehicle, vessel, container, liquid or substance that has been, is being or is intended to be used in an attempt or conspiracy to violate, or in the violation of, any law of the Municipality or the State relating to alcohol or tobacco;
(8) Any personal property that has been, is being or is intended to be used in an attempt or conspiracy to commit, or in the commission of, any offense or in the transportation of the fruits of any offense;
(9) Any property that is acquired through the sale or other transfer of contraband or through the proceeds of contraband, other than by a court or a law enforcement agency acting within the scope of its duties;
(10) Any computer, computer system, computer network or computer software that is used in a conspiracy to commit, an attempt to commit, or in the commission of any offense, if the owner of the computer, computer system, computer network or computer software is convicted of or pleads guilty to the offense in which it is used. (ORC 2901.01)
(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 body of an educational service center, or the governing body of a 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.
(r) “Unlawful termination of another’s pregnancy” and “another’s unborn” shall have the same meanings and be subject to the same exceptions as in Ohio R.C. 2903.09.
(Ord. 10-02. Passed 11-4-02.)
(s) “Gender identity or expression” means the gender-related identity, external presentation of gender identity through appearance, or mannerism or other gender- related characteristics of an individual, regardless of the individual’s designated sex at birth.
(t) “Sexual orientation” means a person’s actual or perceived homosexuality, bisexuality, or heterosexuality, by orientation or practice.
(Ord. 77-10. Passed 12-20-10.)