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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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§ 132.19   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
§ 132.24   LOITERING WITH THE INTENTION OF COMMITTING UNLAWFUL DRUG TRANSACTIONS.
   A.   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CONTROLLED SUBSTANCE. Has the same meaning as that term has in Ohio R.C. § 3719.01(C).
      LOITER. To sit, stand, pace or otherwise remain within 200 feet of the location first observed within one hour.
      PUBLIC PLACE. Any area of property, either publicly owned or to which the public has access. The term shall specifically include, but not be limited to, a street, sidewalk, alley, park, playground, parking lot or garage, the doorway or entrance to any building that fronts such a location, and a motor vehicle that is parked or idling in such a location.
      UNLAWFUL DRUG-RELATED ACTIVITY. Conduct which constitutes an offense defined in Ohio R.C. Chapter 2925; conduct which constitutes complicity to commit such an offense by, for example, acting as a lookout; or conduct which constitutes conspiracy to commit such an offense.
   (B)   Offense. It shall be unlawful for any person to loiter in a public place with the intention of engaging in unlawful drug-related activity.
   (C)   Police officer observation. A police officer who observes a person loitering under circumstances which provide the officer with a reasonable basis to believe that the person intends to engage in unlawful drug-related activity may detain the individual for the purpose of investigating whether the person is in violation of division (B).
   (D)   Police officer may not detain. A police officer may not detain an individual under division (C) unless both of the following elements are satisfied.
      (1)   The person engages in one or more of the following behaviors:
         (a)   The person passes or receives from passers-by, bystanders or person in motor vehicles money, objects having characteristics consistent with controlled substances, and/or an envelope, bag or other container which could reasonably contain such objects or money;
         (b)   The person conceals or attempts to conceal an object having characteristics consistent with controlled substances and/or an envelope, bag or other container which could reasonably contain such objects;
         (c)   The person flees or obscures himself or herself upon seeing law enforcement officers;
         (d)   The person communicates the fact that law enforcement officers are in the vicinity to another person in a manner which suggests that the communication is a warning; and/or
         (e)   The officer observes the person in possession of any instrument or object which is customarily used in the sale, administration or use of controlled substances.
      (2)   One of the following factors applies:
         (a)   The officer is aware that, within the preceding three years, the person has been convicted or found delinquent of an offense defined in Ohio R.C. Chapter 2925, of complicity to commit such an offense, or of conspiracy to commit such an offense within the preceding three years;
         (b)   The officer has knowledge of a specific tip concerning unlawful drug-related activity at a specific location, and the person who is loitering is doing so at a time, in a place or in a manner that is otherwise reasonably similar to the details provided in the tip;
         (c)   The person is loitering in an area that is known by the officer to have a reputation for unlawful drug-related activity;
         (d)   The person is in an area where he or she is prohibited by court order from being, and the officer is aware of the court order;
         (e)   The officer knows that the person has previously been convicted under this section, or other similar state or municipal provision; or
         (f)   Any vehicle the person has approached or communicated with is registered to an individual who has been convicted of an unlawful drug-related activity in the previous three years, and the officer is aware of that fact.
   (E)   Opportunity for explanation. Upon detaining a person pursuant to division (C), a police officer must afford the person an opportunity to explain his or her conduct or otherwise to dispel the officer's suspicion. No person shall be convicted upon trial if it appears that the officer failed to do so, and no person shall be convicted upon trial if it appears that the explanation he or she provided the office at the scene is true and disclosed a lawful purpose.
   (F)   Procedure. If a police officer who detains a person pursuant to division (C) develops probable cause to believe that the person is in violation of division (B), the officer shall order the person to immediately leave the location and to remain at least 500 feet away from the location for five hours. In the event that the person refuses to comply with such an order, the police officer may arrest the person and charge him or her with a violation of this section.
   (G)   Penalty.
      (1)   Whoever violates this section is guilty of loitering with the intention of engaging in unlawful drug-related activity, a misdemeanor of the fourth degree.
      (2)   If any offender has previously been convicted under this section, violation of this section is a second degree misdemeanor.
(Ord. 2003-O-43, passed 9-22-2003)