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Lakewood Overview
Lakewood, OH Code of Ordinances
Codified Ordinances of the City of Lakewood, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 32-00
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - SANITARY CODE
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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 his 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, such 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 his 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, such 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 his office or employment.
   (b)   When 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 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.
(ORC 2901.23)
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 VICTIM NOTIFICATION.
   (a)   This provision specifically incorporates and adopts the provisions of Ohio Revised Code Chapter 2930 as it relates to the following offenses set forth in the Lakewood Codified Ordinances: 537.01, 537.02, 537.03, 537.05, 537.055, 537.06, 533.04, 537.14, and 537.18.
   (b)   This victim notification requirement is consistent with and in addition to notification required by Ohio Revised Code Chapter 2930.
   (c)   In addition, in the event that a death occurs as the result of actions by a person charged and prosecuted with a traffic offense within the City of Lakewood, the law department of the City of Lakewood shall, to the extent practicable, notify the victim’s family or representative of the charge or charges brought against the defendant, the appropriate court dates, and the disposition of the charges. If no charge or charges result from the death, then the victim’s family or representative shall be so notified.
   (d)   The failure of a public official or public agency to comply with the requirements of this chapter does not give rise to a claim for damages against that public official or public agency. (Ord. 150-02. Passed 12-16-02.)
501.99 PENALTIES FOR MISDEMEANORS.
   (a)   Whoever is convicted of or pleads guilty to a misdemeanor shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section:
 
Classification of
Misdemeanor
Maximum Term
of Imprisonment
Maximum
Fine
First degree
6 months
$1,000.00
Second degree
90 days
750.00
Third degree
60 days
500.00
Fourth degree
30 days
250.00
Minor
No imprisonment
150.00
 
(ORC 2929.28)
   (b)   Regardless of the penalties provided in subsection (a) hereof, an organization convicted of an offense pursuant to Section 501.11 shall be fined, which fine shall be fixed by the court 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 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 such penalty shall be imposed in lieu of the penalty provided in this subsection (b).
      (2)   When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this subsection (b), then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.
      (3)   This subsection (b) 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 (b).
(Ord. 68-04. Passed 6-7-04.)