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Lincoln Heights, OH Code of Ordinances
VILLAGE OF LINCOLN HEIGHTS, OHIO CODE OF ORDINANCES
ADOPTING ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 132.17   CURFEW FOR MINORS.
   (A)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DRIVE OR RIDE AIMLESSLY. To drive or to ride as a passenger in or upon any public place by an unnecessarily circuitous route or to retrace the same route.
      ESTABLISHMENT. Any privately owned place of business earned on for a profit, or any place of amusement or entertainment to which the public is invited.
      MINOR. Any person under the age of 18 years.
      OFFICIAL VILLAGE TIME. Eastern standard time.
      OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment, whenever used on any clause prescribing a penalty, the term "operator," as applied to associations or partnerships, includes the members or partners thereof, and as applied to a corporation, includes the officers thereof.
      PARENT. Any natural parent of a minor, a guardian or any adult person 21 years of age or over, responsible for the care and custody of a minor.
      PUBLIC PLACE. Any public street, highway, road, alley, park, playground, public building or vacant lot.
      REMAIN. To loiter, idle, wander, stroll or play in or upon.
   (B)   Curfew hours; prohibited conduct; exceptions.
      (1)   No minor shall remain in or upon any public place or any establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (2)   No minor enrolled in a public school shall remain in or upon any public place or establishment during the school hours of the minor's school.
      (3)   No minor shall drive or ride aimlessly in an automobile, a truck or a motorcycle between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (4)   The provisions of this section shall not apply to any minor accompanied by a parent, or to a minor upon an errand or other legitimate business directed by such minor's parent, or to any minor who is engaged in lawful employment during the school/curfew hours or to a minor traveling from a scheduled school activity or event during the curfew hours.
      (5)   Any school, church, lodge or other organization that desires to hold any activity for minors under 18 years of age, and which activity shall require such minors be out at a later hour than provided in this section, shall make application to the Village Manager for permission to have the minors stay out to a later hour. The application shall state the time the activity will end, and the minors who attend such activity shall be required to be off the streets and public places one hour after the activity is ended.
   (C)   Parents' responsibilities.
      (1)   No parent shall knowingly permit any minor to remain in or upon any public place or any establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (2)   The provisions of this section shall not apply to any parent who accompanies a minor, or to a parent who directs a minor upon an errand or other legitimate business, or to any parent of a minor engaged in gainful lawful employment during the curfew hours, or to any parent of a minor who shall attend any activity in accordance with the provisions of Section 132.17(B)(5).
   (D)   Owners' and operators' responsibilities.
      (1)   No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of such establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (2)   The provisions of this section shall not apply to any minor accompanied by a parent or to a minor upon an errand or other legitimate business directed by such minor's parent.
   (E)   Parental responsibilities.
      (1)   A parent who has parental rights and responsibilities for the care of a minor and is the residential parent and legal custodian of such minor, a guardian who has custody of such minor, or other custodian of such minor, is charged with the control of the minor and shall have the power to exercise parental control and authority over the minor.
         It shall be unlawful for a parent, legal custodian, legal guardian, or other person lawfully charged with the care of a minor, to fail to supervise such minor.
      (2)   Parental responsibility to supervise such minor and exercise parental control with regard to such minor includes, but is not limited to, the following duties:
         (a)   To keep illegal drugs out of the home and out of possession of such minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional.
         (b)   To keep firearms out of the possession of such minor except those used for hunting in accordance with state law and with knowledge and supervision of a parent.
         (c)   To exercise and have in place reasonable controls so as to prevent such minor from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including real or personal property of the Village of Lincoln Heights.
         (d)   To exercise and have in place reasonable controls so as to prevent such minor from engaging in theft of property or keeping in his or her possession property known to be stolen.
         (e)   To exercise and have in place reasonable controls so as to prevent such minor from engaging in violent or assaultive behavior directed at persons.
         An adjudication that a minor has been found a "delinquent child," as defined in R.C. 2151.02 for criminal conduct other than that which would lead to a "status" crime violation, such as a curfew or truancy violation, or has been found guilty of a criminal conviction when said minor has been tried as an adult shall be prima facie evidence that said parent or guardian failed to supervise the minor.
      (3)   This section shall not apply to public childrens services agencies as defined in R.C. 21 51.011, or to foster parents.
      (4)   In a prosecution of a person for failing to supervise a minor under subsection (A) of this section, it is an affirmative defense that the person:
         (a)   Is the victim of the act that brings the minor within the jurisdiction of the juvenile court; or
         (b)   Reported the act to the appropriate authorities; or
         (c)   Is charged with the parental control and authority over a minor who is a "mentally retarded person" or a "developmentally disabled person" as these terms are defined in R.C. 5321.01.
   (F)   Enforcement and penalties.
      (1)   Any police officer who finds a minor violating any provisions of § 132.17(B) shall obtain information from such minor as to his or her name and address, age, and the name of his or her parents or parents. The minor shall thereupon be instructed to proceed to his or her home forthwith. A written notice shall then be mailed by the Chief of Police to the parent or parents of the minor, advising of the violation of § 132.17(B).
      (2)   Any parent who shall violate any provision of § 132.17(C) after having received notice of a prior violation as provided in Paragraph (1) hereof, shall be fined not more than $100, together with costs.
      (3)   Any operator of an establishment and any agents or employees of any operator who shall violate the provisions of § 132.17(D) shall be fined nor more than $100, together with costs.
      (4)   Whoever violates § 132.17(E) is guilty of failing to supervise a minor. Upon first conviction, the offender shall be subject to a fine of up to $250 and/or ordered to perform community service. The fine and/or community service will be suspended if the offender completes a parenting training class designated by the Village of Lincoln Heights. In addition to any fine or order imposed pursuant to this section the Court may order the offender to make restitution to any victim of the minor's conduct. The amount of restitution shall not exceed the statutory liability for parents established in R.C. 3109.09 and R.C. 3109.10.
      (5)   Each violation of any provision of this Section shall constitute a separate offense.
         For a conviction of a second offense and/or additional offenses, the offender shall be subject to a fine of up to $500 and/or ordered to perform community service for each offense.
(1995 Code, § 132.17) (Ord. 84-O-14, passed 8-13-1984; Am. Ord. 88-O-17, passed 6-8-1988; Am. Ord. 96-O-20, passed 8-12-1996; Am. Ord. 97-O-26, passed 7-14-1997)
§ 132.18   ACTS IN VIOLATION OF THE ORDERS OF THE COURT.
   No person shall do any of the following:
   (A)   Disobey or resist a lawful writ, process or order, rule, judgment or command of the court or an officer of the court;
   (B)   Fail to obey subpoena duly served or refuse to answer as a witness when lawfully required;
   (C)   Fail as witness or defendant to comply with the terms of a recognizance granted to them by the court; or
   (D)   Whoever violates this section shall be guilty of a misdemeanor of the fourth degree.
(1995 Code, § 132.18) (Ord. 95-O-04, passed 3-27-1995) Penalty, § 130.99
§ 132.19   DEFAULT OF PAYMENT OF FINE.
   (A)   Any person convicted of violating any ordinances of the municipality who fails to pay the fine and costs of court as imposed by the Mayor shall be confined to a suitable place imprisonment until such time as he or she has remained in confinement a sufficient length of time, receiving credit at the rate of $25 per day, to have paid the fine and costs in full, unless such fine and costs are suspended.
   (B)   Notwithstanding the provisions of division (A) above, the Mayor, in his or her discretion and with the consent of the convicted person, may allow the convicted person to perform labor in the service of the municipality and within the municipality limits, with credit being given against such fine and costs at the rate of $4.25 or minimum wage per hour.
   (C)   No such convicted person so employed under the provisions of division (B) above, shall be required to work more than eight hours per day, nor does such work need to be performed on consecutive days.
   (D)   The Mayor, at his or her discretion, may give any person who is sentenced to three days or more, and who performs labor in lieu of incarceration, the option to substitute a payment of $25 per day for up to 1/3 of the sentence, provided the first two-thirds of the sentence is served with good behavior, and provided the time off does not reduce any sentence requiring a minimum number of days to less than the minimum.
(1995 Code, § 132.19) (Ord. 95-O-04, passed 3-27-1995)
§ 132.20   DISPOSITION OF UNCLAIMED CASH BAIL BONDS.
   (A)   The Village Manager is hereby authorized to establish a provision for unclaimed cash bail bonds in the general fund in a manner approved by the State Auditor.
   (B)   If a defendant or the person entitled to the unclaimed cash bail bond fails to claim or recover the cash bail bond within five years after the completion of the criminal process for which it was posted, then such cash bail bond is forfeited to the village, provided, however, such forfeiture shall not become final until notice of the unclaimed cash bail bond has been published in a newspaper of general circulation within the village once a week for two consecutive weeks.
(1995 Code, § 132.20) (Ord. 95-O-5, passed 3-27-1995)
§ 132.21   MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
   (A)   As used in this section, PUBLIC TRANSPORTATION SYSTEM means a county transit system operated in accordance with Ohio R.C. §§ 306.01 through 306.13, a regional transit authority operated in accordance with Ohio R.C. §§ 306.30 through 306.71, or a regional transit commission operated in accordance with Ohio R.C. §§ 306.80 through 306.90.
   (B)   No person shall evade the payment of the known fares of a public transportation system.
   (C)   No person shall alter any transfer, pass, ticket or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system.
   (D)   No person shall do any of the following while in any facility or on any vehicle of a public transportation system:
      (1)   Play sound equipment without the proper use of a private earphone;
      (2)   Smoke, eat or drink in any area where the activity is clearly marked as being prohibited; or
      (3)   Expectorate upon a person, facility or vehicle.
   (E)   No person shall write, deface, draw or otherwise mark on any facility or vehicle of a public transportation system.
   (F)   No person shall fail to comply with a lawful order of a public transportation system police officer, and no person shall resist, obstruct or abuse a public transportation police officer in the performance of the officer’s duties.
   (G)   Whoever violates any of the provisions of this section is guilty of misconduct involving a public transportation system.
      (1)   A violation of division (B), (C), or (F) of this section is a misdemeanor of the fourth degree.
      (2)   A violation of division (D) of this section is a minor misdemeanor on a first offense. If a person previously has been convicted of or pleaded guilty to a violation of any division of this section or of a municipal ordinance that is substantially equivalent to any division of this section, a violation of division (D) of this section is a misdemeanor of the fourth degree.
      (3)   A violation of division (E) of this section is a misdemeanor of the third degree.
   (H)   Notwithstanding any other provision of law, 75% of each fine paid to satisfy a sentence imposed for a violation of any of the provisions of this section shall be deposited into the treasury of the county and 25% shall be deposited with the county transit board, regional transit authority or regional transit commission that operates the public transportation system involved in the violation, unless the Board of County Commissioners operates the public transportation system, in which case 100% of each fine shall be deposited into the treasury of the county.
(ORC § 2917.41)
§ 132.22   INCITING TO VIOLENCE.
   (A)   No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence when either of the following apply:
      (1)   The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed.
      (2)   The conduct proximately results in the commission of any offense of violence.
   (B)   Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony to be prosecuted under appropriate state law.
(ORC § 2917.01)
§ 132.23   FAILURE TO APPEAR.
   (A)   It shall be unlawful for a person to fail to appear on the scheduled date and time the person has been cited to Mayor's Court for an initial appearance, a continuance, trial, or any other purpose. Each failure to appear shall constitute a separable offense.
   (B)   Whoever violates this section shall be guilty of a minor misdemeanor.
(Ord. 2002-O-18, passed 3-11-2002) Penalty, see § 130.99
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