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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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537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER.
   (a)   No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways:
      (1)   Negligently;
      (2)   As the proximate result of committing a violation of any provision of any section contained in Chapter 45 of the Ohio Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Chapter 45 of the Ohio Revised Code that is a minor misdemeanor.
   (b)   (1)   Whoever violates subsection (a)(1) of this section is guilty of vehicular homicide. Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree.
      (2)   Whoever violates subsection (a)(2) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension imposed under Ohio R.C. Chapter 4507 or if the offender previously has been convicted of or pleaded guilty to a violation of this section, or any traffic-related homicide, manslaughter, or assault offense.
   (c)   The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of subsection (a)(1) hereof if either of the following applies:
      (1)   The offender previously has been convicted of or pleaded guilty to a violation of this section or Ohio R.C. 2903.06 or 2903.08.
      (2)   At the time of the offense, the offender was driving under suspension under Ohio R.C. Chapter 4507.
   (d)   As used in this section:
      (1)   “Mandatory prison term” has the same meaning as in Ohio R.C. 2929.01.
      (2)   “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000.
   (e)   For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States.
   (f)   The court imposing a sentence upon an offender for any violation of a municipal ordinance substantially equivalent to a violation of Ohio R.C. 2903.06 also shall impose a suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege that is equivalent in length to the suspension required for a violation of Ohio R.C. 2903.06 under similar circumstances.
(Ord. 34-02. Passed 11-4-02.)
537.03 ASSAULT.
   (a)   No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn.
   (b)   No person shall recklessly cause serious physical harm to another or to another’s unborn.
   (c)   Whoever violates any of the provisions of this section is guilty of assault, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 501.99, provided the offense is not committed by a caretaker against a functionally impaired person under his or her care and provided the offense is not committed in either of the following circumstances:
      (1)   The offense occurs in or on the grounds of a State penal or reformatory institution or an institution of the Ohio Department of Youth Services, the victim of the offense is an employee of the Ohio Department of Rehabilitation and Correction, the Ohio Department of Youth Services, or a probation department, or is on the premises of the particular institution for business purposes or as a visitor, and the offense is committed by a person incarcerated in the State penal or reformatory institution, a person institutionalized in the Ohio Department of Youth Services institution pursuant to a commitment to the Ohio Department of Youth Services, or a probationer, furloughee or parolee;
      (2)   The offense occurs off the grounds of a State penal or reformatory institution and off the grounds of an institution of the Ohio Department of Youth Services, the victim of the offense is an employee of the Ohio Department of Rehabilitation and Correction, the Ohio Department of Youth Services, or a probation department, the offense occurs during the employee's official work hours and while he or she is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State penal or reformatory institution or institutionalized in the Ohio Department of Youth Services institution, who temporarily is outside of the institution for any purpose, or by a probationer, parolee or furloughee.
         (Ord. 35-02. Passed 11-4-02.)
537.04 NEGLIGENT ASSAULT.
   (a)   No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 549.01, cause physical harm to another or to another’s unborn.
   (b)   Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree. (Ord. 36-02. Passed 11-4-02.)
537.05 AGGRAVATED MENACING.
   (a)   No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or member of the other person’s immediate family.
   (b)   Whoever violates this section is guilty of aggravated menacing, a misdemeanor of the first degree. (Ord. 37-02. Passed 11-4-02.)
537.055 MENACING BY STALKING.
   (a)   Prohibited Conduct.
      (1)   No person, by engaging in a pattern of conduct, shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
      (2)   As used in this section:
         A.    “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, or emergency medical services person of any authorized act within the public official’s, firefighter’s, rescuer’s or emergency medical services person’s official capacity may constitute a “pattern of conduct”.
            (Ord. 38-02. Passed 5-6-02.)
         B.    “Mental distress” means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
            (ORC 2903.211)
   (b)   Anti-Stalking Protection Order.
      (1)   Except when the complaint involves a person who is a family or household member, as defined in Section 537.14(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, or Section 537.05, subsection (a) hereof, Section 537.06 or Section 541.055 of this General Offenses Code, the complainant may file a motion that requests the issuance of an anti-stalking protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Rule 46 of the Ohio Rules of Criminal Procedure. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant may file a motion for a temporary protection order pursuant to Ohio R.C. 2919.26 or Section 537.14(b) of this General Offenses Code.
      (2)   A motion for an anti-stalking protection order shall be prepared on a form that is provided by the clerk of the court, which form shall be substantially as follows:
MOTION FOR ANTI-STALKING PROTECTION ORDER
    ................ Court
   Name and address of court
Municipality of Lakewood, Ohio
   v.                   No...............
................................................
Name of Defendant
   (Name of person), the complainant in the above-captioned case, moves the court to issue an anti-stalking protection order containing terms designed to ensure the safety and protection of the complainant in relation to the named defendant, pursuant to its authority to issue such an order under Ohio R.C. 2903.213.
   A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with a violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, or Section 537.05, 537.055, 537.06 or 541.055 of the Codified Ordinances.
   I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any anti-stalking protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint.
.......................................................
Signature of complainant
.......................................................
Address of complainant
      (3)   As soon as possible after the filing of a motion that requests the issuance of an anti-stalking protection order, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The complainant shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender, the court may issue an anti-stalking protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant, including a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant.
      (4)   A.    Except when the complaint involves a person who is a family or household member as defined in Section 537.14(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, or Section 537.05, subsection (a) hereof, Section 537.06 or Section 541.055 of this General Offenses Code, the court, upon its own motion, may issue an anti-stalking protection order as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender.
         B.    If the court issues an anti-stalking protection order under this section as an ex parte order, it shall conduct, as soon as possible, after the issuance of the order but not later than the next day the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified or be revoked. The hearing shall be conducted under the standards set forth in paragraph (b)(3) hereof.
      (5)   An anti-stalking protection order that is issued as a pretrial condition of release under this section:
         A.    Is in addition to, but shall not be construed as a part of, any bail set under Rule 46 of the Ohio Rules of Criminal Procedure;
         B.    Is effective only until the disposition of the criminal proceeding arising out of the complaint upon which it is based;
         C.    Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
      (6)   A person who meets the criteria for bail under Rule 46 of the Ohio Rules of Criminal Procedure and who, if required to do so pursuant to that Rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting an anti-stalking protection order.
      (7)   A copy of any anti-stalking protection order that is issued under this section shall be issued by the court to the complainant, to the defendant and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered.
      (8)   All law enforcement agencies shall establish and maintain an index for the anti-stalking protection orders delivered to the agencies pursuant to paragraph (b)(7) hereof. With respect to each order delivered, each agency shall note, on the index, the date and time of the receipt of the order by the agency.
      (9)   Any officer of a law enforcement agency shall enforce an anti-stalking protection order in accordance with the provisions of the order.
      (10)   Upon a violation of an anti-stalking protection order, the court may issue another anti-stalking protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.
      (11)   Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section.
         (ORC 2903.213)
   (c)   Violation of Anti-Stalking Protection Order. No person shall recklessly violate any terms of an anti-stalking protection order issued pursuant to this section or Ohio R.C. 2903.213.
(ORC 2903.214(A))
   (d)   Penalties.
      (1)   Whoever violates subsection (a) hereof is guilty of menacing by stalking, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 501.99, provided the offender previously has not been convicted of or pleaded guilty to a violation of subsection (a) hereof or Ohio R.C. 2903.211 involving the same person who is the victim of the current offense.
         (ORC 2903.211(B))
      (2)   Whoever violates subsection (c) hereof is guilty of a violating an antistalking protection order. If the offender previously has not been convicted of or pleaded guilty to a violation of subsection (c) hereof, or a violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, that involves the same person who is the subject of the anti-stalking protection order, violating an anti-stalking protection order is a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 501.99. If the offender previously has been convicted of or pleaded guilty to one violation of subsection (c) hereof, or one violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, that involves the same person who is the subject of the anti-stalking protection order, violating an anti- stalking protection order is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 501.99. If the offender previously has been convicted of or pleaded guilty to two or more violations of subsection (c) hereof, or to two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, that involve the same person who is the subject of the anti-stalking protection order, violating an anti-stalking protection order is a felony of the fourth degree and shall be prosecuted under Ohio R.C. 2903.214.
         (ORC 2903.214(B))
537.06 MENACING.
   (a)   No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of such other person, the other person’s unborn, or a member of the other person’s immediate family.
   (b)   Whoever violates this section is guilty of menacing, a misdemeanor of the fourth degree. (Ord. 38-02. Passed 11-4-02.)
537.07 ENDANGERING CHILDREN.
   (a)   No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
   (b)   No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age.
   (c)   Whoever violates this section is guilty of endangering children, a misdemeanor of the first degree, if the violation of this section does not result in serious physical harm to the child involved, or if the offender has not previously been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child. (ORC 2919.22)
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