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Middletown Overview
Middletown, OH Code of Ordinances
CITY OF MIDDLETOWN, OHIO CODE OF ORDINANCES
CHARTER
PART TWO: ADMINISTRATION CODE
PART FOUR: TRAFFIC CODE
PART SIX: GENERAL OFFENSES CODE
CHAPTER 606: GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT
§ 606.01 DEFINITIONS.
§ 606.02 CULPABLE MENTAL STATES.
§ 606.03 CLASSIFICATION OF OFFENSES.
§ 606.04 OFFENSES DEFINED.
§ 606.05 RULES OF CONSTRUCTION.
§ 606.055 CRIMINAL LAW JURISDICTION.
§ 606.06 LIMITATION ON CRIMINAL PROSECUTIONS.
§ 606.07 REQUIREMENTS FOR CRIMINAL LIABILITY; VOLUNTARY INTOXICATION.
§ 606.08 ORGANIZATIONAL CRIMINAL LIABILITY.
§ 606.09 PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.
§ 606.10 FALSIFICATION.
§ 606.105 FALSE REPORT OF CHILD ABUSE OR NEGLECT.
§ 606.11 COMPOUNDING A CRIME.
§ 606.12 FAILURE TO REPORT A CRIME OR DEATH.
§ 606.13 FAILURE TO AID A LAW ENFORCEMENT OFFICER.
§ 606.14 OBSTRUCTING OFFICIAL BUSINESS.
§ 606.15 OBSTRUCTING JUSTICE.
§ 606.16 RESISTING ARREST.
§ 606.165 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
§ 606.17 HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.
§ 606.18 SOLICITING OR RECEIVING IMPROPER COMPENSATION.
§ 606.19 DERELICTION OF DUTY.
§ 606.20 INTERFERING WITH CIVIL RIGHTS.
§ 606.21 ATTEMPTS.
§ 606.22 COMPLICITY.
§ 606.23 DETENTION OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
§ 606.24 DISPOSITION OF UNCLAIMED OR FORFEITED PROPERTY HELD BY POLICE DIVISION.
§ 606.25 IMPERSONATING AN OFFICER.
§ 606.26 DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
§ 606.27 MISREPRESENTING PRIVATE PUBLICATIONS AS OFFICIAL; SOLICITING ADVERTISING.
§ 606.28 USING SHAM LEGAL PROCESS.
§ 606.29 MISUSE OF 9-1-1 SYSTEM.
§ 606.30 FAILURE TO DISCLOSE PERSONAL INFORMATION.
§ 606.31 SELF DEFENSE: LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.
CHAPTER 612: ALCOHOLIC BEVERAGES
CHAPTER 618: ANIMALS
CHAPTER 624: DRUGS
CHAPTER 626: FAIR HOUSING
CHAPTER 630: GAMBLING
CHAPTER 634: MINORS CURFEW
CHAPTER 636: OFFENSES RELATING TO PERSONS
CHAPTER 642: OFFENSES RELATING TO PROPERTY
CHAPTER 644: PARADES
CHAPTER 648: PEACE DISTURBANCES
CHAPTER 654: RAILROADS
CHAPTER 660: SAFETY, SANITATION AND HEALTH
CHAPTER 666: SEX RELATED OFFENSES
CHAPTER 670: WATERCRAFT
CHAPTER 672: WEAPONS AND EXPLOSIVES
CHAPTER 678: WEEDS
CHAPTER 698: PENALTIES AND SENTENCING
PART EIGHT: BUSINESS REGULATION AND TAXATION
PART TEN: STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE: DEVELOPMENT CODE
PART FOURTEEN: BUILDING AND HOUSING CODE
PART SIXTEEN: FIRE PREVENTION CODE
PART EIGHTEEN: HEALTH AND SANITATION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 606.17 HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.
   (a)   No public official shall knowingly do any of the following:
      (1)   Authorize or employ the authority of the public official’s office to secure authorization of any public contract in which the public official, a member of the public official’s family, or any of the public official’s business associates has an interest.
      (2)   Authorize or employ the authority or influence of the public official’s office to secure the investment of public funds in any share, bond, mortgage, or other security with respect to which the public official, a member of the public official’s family, or any of the public official’s business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees.
      (3)   During the public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder.
      (4)   Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected.
      (5)   Have an interest in the profits or benefits of a public contract that is not let by competitive bidding when required by law, and that involves more than one hundred fifty dollars ($150.00).
   (b)   In the absence of bribery or a purpose to defraud, a public official, member of a public official’s family, or any of a public official’s business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:
      (1)   The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested.
      (2)   The shares owned or controlled by that person do not exceed 5% of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed 5% of the total indebtedness of the corporation or other organization.
      (3)   That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving that person's exact status in connection with the corporation or other organization.
   (c)   This section does not apply to a public contract in which a public official, member of a public official’s family, or one of a public official’s business associates has an interest, when all of the following apply:
      (1)   The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved.
      (2)   The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the political subdivision or governmental agency or instrumentality involved.
      (3)   The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions.
      (4)   The entire transaction is conducted at arm's length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official’s family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
   (d)   Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by public monies if the public employee otherwise qualifies for the program and does not use the authority or influence of the public official’s office or employment to secure benefits from the program and if the monies are to be used on the primary residence of the public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this section.
   (e)   Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (a)(1) or (2) of this section is a felony to be prosecuted under appropriate State law. Violation of division (a)(3), (4), or (5) of this section is a misdemeanor of the first degree.
   (f)   It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with Ohio R.C. 309.06 and 2921.421, or for a chief legal officer of a municipality or an official designated as prosecutor in a municipality to appoint assistants and employees in accordance with Ohio R.C. 733.621 and 2921.421, or for a township law director appointed under Ohio R.C. 504.15 to appoint assistants and employees in accordance with Ohio R.C. 504.151 and 2921.421.
   (g)   Any public contract in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest, is an underwriter, or receives any brokerage, origination or servicing fees and that was entered into in violation of this section is void and unenforceable.
   (h)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   CHIEF LEGAL OFFICE. The same meaning as in Ohio R.C. 733.621.
      (2)   PUBLIC CONTRACT. Any of the following:
         A.   The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the State or any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the State, any of its political subdivisions, or any agency or instrumentality of either.
         B.   A contract for the design, construction, alteration, repair, or maintenance of any public property.
(ORC 2921.42)
§ 606.18 SOLICITING OR RECEIVING IMPROPER COMPENSATION.
   (a)   No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:
      (1)   Any compensation, other than as allowed by Ohio R.C. 102.03(G), (H), (I), or other provisions of law, to perform the public servant’s official duties, to perform any other act or service in the public servant’s public capacity, for the general performance of the duties of the public servant’s public office or public employment, or as a supplement to the public servant’s public compensation.
      (2)   Additional or greater fees or costs than are allowed by law to perform the public servant’s official duties.
   (b)   No public servant for the public servant’s own personal or business use and no person for the person’s own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:
      (1)   Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
   (c)   No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity shall coerce any contribution in consideration of either of the following:
      (1)   Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
   (d)   Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
   (e)   A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment, or position of trust in this State for a period of seven years from the date of conviction.
   (f)   Divisions (a), (b), and (c) of this section do not prohibit any person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity from accepting voluntary contributions.
(ORC 2921.43)
§ 606.19 DERELICTION OF DUTY.
   (a)   No law enforcement officer shall negligently do any of the following:
      (1)   Fail to serve a lawful warrant without delay.
      (2)   Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer’s power to do so alone or with available assistance.
   (b)   No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
   (c)   No officer, having charge of a detention facility, shall negligently do any of the following:
      (1)   Allow the detention facility to become littered or unsanitary.
      (2)   Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention.
      (3)   Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another.
      (4)   Allow a prisoner to escape.
      (5)   Fail to observe any lawful and reasonable regulation for the management of the detention facility.
   (d)   No public official shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the Council for the use in any one year of the department, agency, or institution with which the public official is connected.
   (e)   No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant’s office, or recklessly do any act expressly forbidden by law with respect to the public servant’s office.
   (f)   Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.
   (g)   Except as otherwise provided by law, a public servant who is a county treasurer; county auditor; township fiscal officer; city auditor; city treasurer; village fiscal officer; village clerk-treasurer; village clerk; in the case of a municipal corporation having a charter that designates an officer who, by virtue of the charter, has duties and functions similar to those of the city or village officers referred to in this section, the officer so designated by the charter; school district treasurer; fiscal officer of a community school established under Ohio R.C. Chapter 3314; treasurer of a science, technology, engineering, and mathematics school established under Ohio R.C. Chapter 3326; or fiscal officer of a college-preparatory boarding school established under Ohio R.C. Chapter 3328 and is convicted of or pleads guilty to dereliction of duty is disqualified from holding any public office, employment, or position of trust in this state for four years following the date of conviction or of entry of the plea, and is not entitled to hold any public office until any repayment or restitution required by the court is satisfied.
   (h)   As used in this section, PUBLIC SERVANT includes the following:
      (1)   An officer or employee of a contractor as defined in Ohio R.C. 9.08;
      (2)   A fiscal officer employed by the operator of a community school established under Ohio R.C. Chapter 3314 or by the operator of a college-preparatory boarding school established under Ohio R.C. Chapter 3328.
(ORC 2921.44)
§ 606.20 INTERFERING WITH CIVIL RIGHTS.
   (a)   No public servant, under color of the public servant's office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.
   (b)   Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(R.C. § 2921.45)
Statutory reference:
   Restraining or confining pregnant children or pregnant women, see R.C. § 2152.75(B) and R.C. § 2901.10
§ 606.21 ATTEMPTS.
   (a)   No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.
   (b)   It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
   (c)   No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense, shall be convicted of an attempt to commit the same offense in violation of this section.
   (d)   It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
   (e)   Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate State law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of Ohio R.C. Chapter 3734, other than Ohio R.C. 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate State law. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
   (f)   As used in this section:
      (1)   DRUG ABUSE OFFENSE has the same meaning as in Ohio R.C. 2925.01.
      (2)   MOTOR VEHICLE has the same meaning as in Ohio R.C. 4501.01.
(ORC 2923.02)
§ 606.22 COMPLICITY.
   (a)   No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:
      (1)   Solicit or procure another to commit the offense;
      (2)   Aid or abet another in committing the offense;
      (3)   Conspire with another to commit the offense in violation of Ohio R.C. 2923.01;
      (4)   Cause an innocent or irresponsible person to commit the offense.
   (b)   It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.
   (c)   No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Ohio R.C. 2923.02 or a substantially equivalent municipal ordinance.
   (d)   If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court shall charge the jury in accordance with Ohio R.C. 2923.03(D).
   (e)   It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
   (f)   Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(ORC 2923.03)
§ 606.23 DETENTION OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
   (a)   For the purpose of this section, the following definitions shall apply.
      (1)   ARCHIVAL INSTITUTION. Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
      (2)   AUDIOVISUAL RECORDING FUNCTION AND FACILITY. The same meaning as in Ohio R.C. 2913.07.
      (3)   MUSEUM. Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
      (4)   PRETRIAL DIVERSION PROGRAM. A rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this State.
   (b)   A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
   (c)   Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:
      (1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
      (2)   With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
   (d)   An officer, agent, or employee of a library, museum, or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
      (1)   To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
      (2)   To cause an arrest to be made by a peace officer;
      (3)   To obtain a warrant of arrest;
      (4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
   (e)   The owner or lessee of a facility in which a motion picture is being shown, or the owner’s or lessee’s employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of Ohio R.C. 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
   (f)   The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.
   (g)   Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (c)(1) or (2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by Ohio R.C. 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(ORC 2935.041)
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