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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
CHAPTER 501 General Provisions and Penalty
CHAPTER 503 Abortions (Repealed)
CHAPTER 505 Animals and Fowl
CHAPTER 506 Designation of Nuisance, Dangerous and Vicious Animals
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 510 Nuisance Abatement
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Noise Control
CHAPTER 516 Discrimination Prohibited
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 523 Indoor Air Pollution
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Parades and Special Events
CHAPTER 565 Trees
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
CHAPTER 525
Law Enforcement and Public Office
525.01    Definitions.
525.02    Falsification.
525.021   Giving false information to law enforcement officers.
525.03    Impersonation of peace officer or private police officer.
525.04    Compounding a crime.
525.05    Failure to report a crime or knowledge of death.
525.06    Failure to aid a law enforcement officer.
525.07    Obstructing official business.
525.08    Obstructing justice.
525.09    Resisting arrest.
525.095   Compliance with lawful order of police officer; fleeing.
525.10    Having an unlawful interest in a public contract.
525.11    Soliciting or receiving improper compensation.
525.12    Dereliction of duty.
525.13    Interfering with civil rights.
525.14    Unauthorized display of law enforcement emblems on motor vehicles.
525.15    Conveying intoxicating liquor onto grounds of detention facilities or other institutions.
525.16    Initiative and referendum petitions.
525.17   False allegation of peace officer misconduct.
525.99    Penalty.
CROSS REFERENCES
   See sectional histories for similar State law
   Law enforcement officer defined - see GEN. OFF. 501.01(k)
   Misconduct at an emergency - see GEN. OFF. 509.05
   Making false alarms - see GEN. OFF. 509.07
   Personating an officer to defraud - see GEN. OFF. 545.16
   Law Enforcement Trust Fund - see ADM. 129.32
525.01 DEFINITIONS.
   As used in this chapter:
(a)    “Public official” means any elected or appointed officer, or employee, or agent of the State or any political subdivision thereof, whether in a temporary or permanent capacity, and including without limitation legislators, judges and law enforcement officers.
(b)    “Public servant” means any of the following:
(1)    Any public official;
(2)    Any person performing ad hoc a governmental function, including without limitation a juror, member of a temporary commission, master, arbitrator, advisor or consultant;
(3)    A candidate for public office, whether or not he is elected or appointed to the office for which he is a candidate. A person is a candidate for purposes of this subsection if he has been nominated according to law for election or appointment to public office, or if he has filed a petition or petitions as required by law to have his name placed on the ballot in a primary, general or special election, or if he campaigns as a write-in candidate in any primary, general or special election.
   (c)    “Party official” means any person who holds an elective or appointive post in a political party in the United States or this State, by virtue of which he or she directs, conducts or participates in directing or conducting party affairs at any level of responsibility;
(d)    “Official proceeding” means any proceeding before a legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath and includes any proceeding before a referee, hearing examiner, commissioner, notary or other person taking testimony or a deposition in connection with an official proceeding; (A.O.)
(e)    “Detention” means arrest, confinement in any vehicle subsequent to an arrest, confinement in any facility for custody of persons charged with or convicted of crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent or unruly child in this State or another state or under the laws of the United States; hospitalization, institutionalization or confinement in any public or private facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39 or 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any such facility, detention for extradition or deportation, or, except as provided in this subsection, supervision by any employee of any such facility that is incidental to hospitalization, institutionalization or confinement in the facility but that occurs outside the facility; supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a State correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this State into this State by a private person or entity pursuant to a contract entered into under Ohio R.C. 311.29(E) or Ohio R.C. 5149.03(B). For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, “detention” includes time spent at an assigned work site and going to and from the work site. Detention does not include supervision of probation or parole, or constraint incidental to release on bail. (Ord. 21-02. Passed 4-15-02.)
(f)    “Detention facility” means any place used for the confinement of a person charged with or convicted of crime or alleged or found to be delinquent or unruly;
(g)    “Campaign committee,” “contribution,” “political action committee” and “political party” have the same meanings as in Ohio R.C. 3517.01.
(h)    “Provider agreement” and “medical assistance program” have the same meanings as in Ohio R.C. 2913.40.
(i)    “Valuable thing or valuable benefit” includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in the terms “valuable thing” and/or “valuable benefit” before September 17, 1986.
      (ORC 2921.01)
525.02 FALSIFICATION.
   (a)   No person shall knowingly make a false statement or knowingly swear or
affirm the truth of a false statement previously made, when any of the following applies:
      (1)   The statement is made in any official proceeding.
      (2)   The statement is made with purpose to incriminate another.
      (3)   The statement is made with purpose to mislead a public official in performing his or her official function.
      (4)   The statement is made with purpose to secure the payment of workers' compensation, unemployment compensation, aid for the aged, aid for the blind, aid for the permanently and totally disabled, aid to dependent children, general assistance, disability assistance administered by the Ohio Department of Human Services, retirement benefits or other benefits administered by a governmental agency or paid out of a public treasury.
      (5)   The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release or provider agreement.
      (6)   The statement is sworn or affirmed before a notary public or other person empowered to administer oaths.
      (7)   The statement is in writing on or in connection with a report or return which is required or authorized by law.
      (8)   The statement is in writing and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom such statement is directed relies upon it to his or her detriment.
      (9)   The statement is made with purpose to commit or facilitate the commission of a theft offense involving the proceeds of an insurance policy.
      (10)   The statement is knowingly made to a probate court in connection with any action, proceeding or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint or other pleading, or an inventory, account or report.
      (11)   The statement is made on an application for a marriage license under Ohio R.C. 3101.05.
      (12)   The statement is made, either orally or in writing, in connection with an application for legal representation submitted to a court, the State Public Defender, the County Public Defender, or a joint county public defender, by a defendant in a criminal case for the purpose of a determination of indigency and eligibility for legal representation by the State Public Defender, the County Public Defender, a joint county public defender or a court-appointed counsel.
   (b)   It is no defense to a charge under subsection (a)(4) hereof that the oath or affirmation was administered or taken in an irregular manner.
   (c)   Where contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.
   (d)   Whoever violates paragraph (a)(1), (2), (3), (4), (5), (6), (7), (8), (10) or (11) hereof is guilty of falsification, a misdemeanor of the first degree.
   (e)   Whoever violates paragraph (a)(9) hereof is guilty of falsification of an insurance claim, a misdemeanor of the first degree, provided the amount of the claim is less than one thousand dollars ($1,000) and provided the offender has not previously been convicted of a theft offense and provided the claim is not made for the theft of a motor vehicle. (Ord. 13-12. Passed 3-5-2012.)
   (f)   Whoever violates paragraph (a)(12) hereof is guilty of falsification, a misdemeanor of the first degree. If, as a result of the false statement that is the basis of the conviction under paragraph (a)(12) hereof, the offender received legal representation to which he or she was not entitled from the State Public Defender, the County Public Defender, a joint county public defender, or court-appointed counsel, the court shall order the offender to make restitution, in an amount equal to the value of the legal representation provided by the State Public Defender, the County Public Defender, a joint county public defender, or court-appointed counsel, to the public entity that paid for the legal representation.
(ORC 2921.13)
525.021 GIVING FALSE INFORMATION TO LAW ENFORCEMENT OFFICERS.
   (a)   No person shall knowingly give or assist in giving false information relative to the name, address or date of birth of any person to any law enforcement officer as defined in Ohio R. C. 2901.01(K).
   (b)   Where contradictory information is given by the offender within the period of the statute of limitations for giving false information, it is not necessary for the prosecution to prove which information was false, but only that one or the other was false.
   (c)   Whoever violates this section is guilty of giving false information, a misdemeanor of the first degree.
(Ord. 37-84. Passed 4-16-1984.)
525.03 IMPERSONATION OF PEACE OFFICER OR PRIVATE POLICE OFFICER.
   (a)   As used in this section:
      (1)   “Peace officer” means 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 Ohio R.C. 3735.31(D), a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y), a State university law enforcement officer appointed under Ohio R.C. 3345.04, an Ohio Veterans’ home police officer appointed under Ohio R.C. 5907.02, a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28, or a State Highway Patrol trooper, and 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.
      (2)   “Private police officer” means any security guard, special police officer, private detective or other person who is privately employed in a police capacity.
      (3)   “Impersonate” means to act the part of, assume the identity of, wear the uniform or any part of the uniform of ir 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.
   (b)   No person shall impersonate a peace officer or a private police officer.
   (c)   No person, by impersonating a peace officer or a private police 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 or an officer, agent or employee of the State or the Municipality.
   (e)   It is an affirmative defense to a charge under subsection (b) hereof that the impersonation of the peace officer was for a lawful purpose.
   (f)   Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsections (c) or (d) hereof is guilty of a misdemeanor of the first degree, provided that the purpose of a violation of subsection (d) hereof is not to commit or facilitate the commission of a felony.
(Ord. 22-02. Passed 4-15-02.)
   
525.04 COMPOUNDING A CRIME.
   (a)   No person shall knowingly demand, accept or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.
   (b)   It is an affirmative defense to a charge under this section when both of the following apply:
      (1)   The pending prosecution involved is for violation of Sections 545.05, 545.09 or 545.10(b)(2) of this General Offenses Code, or Ohio R.C . 2913.02, 2913.11 2913.21(B)(2) or 2913.47, in which the actor under this section was the victim.
      (2)   The thing of value demanded, accepted or agreed to be accepted, in consideration of abandoning or agreeing to abandon the prosecution, did not exceed an amount which the actor reasonably believed due him as restitution for the loss caused him by the offense.
   (c)   When a prosecuting witness abandons or agrees to abandon a prosecution under subsection (b) hereof, such abandonment or agreement in no way binds the State or Municipality to abandoning the prosecution.
   (d)   Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.
(ORC 2921.21)
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