Loading...
(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 Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the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." Have 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 (c) above or a merchant or his or her employee or agent pursuant to (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 divisions (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)
(a) No person, with the purpose of avoiding arrest, citation or prosecution, shall misrepresent his or her identity to a law enforcement officer by presenting, displaying or orally communicating false information concerning his or her name, address, date of birth or Social Security number to the officer.
(b) Whoever violates this section is guilty of misrepresenting identity, a misdemeanor of the third degree.
(Ord. 13-1993. Passed 2-8-93.)
(a) Pursuant to Ohio R.C. 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, 2929.15 and 2947.19 for crimes committed before July 1, 1996, and Ohio R.C. 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, 2929.18, 2929.19(B) and 2929.223 for crimes committed after July 1, 1996, persons convicted of offenses and incarcerated therefor shall reimburse the City for the expenses incurred by reason of confinement.
(b) Any person who is convicted of any offense, other than a minor misdemeanor, and who is sentenced to confinement in the County Jail, shall reimburse the City for its expenses incurred by reason of the offender's confinement, including, but not limited to, expenses relating to the provision of food, clothing, medical care and shelter. Such reimbursement shall include expenses for reconviction confinement when credit for such confinement is credited against the term of imprisonment.
(c) The amount of reimbursement required by this section shall be determined by the court after a hearing held pursuant to Ohio R.C. 2929.15, 2929.18 or 2929.223. The amount of reimbursement ordered by the court shall not exceed the actual costs of the confinement or as otherwise authorized in Ohio R.C. 2929.15, 2929.18 or 2929.223. The court shall consider all factors that affect the offender's financial ability to make reimbursement to the City.
(d) This section shall not apply to offenders that the court finds to be indigent.
(e) Funds that are reimbursed to the City pursuant to this section shall be paid into the General Fund of the City Treasury.
(f) If an offender does not pay the City the reimbursement ordered by the court pursuant to this section, the Solicitor, as authorized by statute, may collect the claim or institute an appropriate civil action in the name of the City in the Summit County Common Pleas Court to recover from the convict reimbursement for expenses of his or her confinement as determined by the court. If it is deemed to be in the best interest of the City, the Solicitor is authorized to compromise and settle such claim in an amount less than the total reimbursement due to the City. If an offender does not comply with the reimbursement determination made by the court for expenses of confinement, then the convict is deemed to be acting in bad faith, vexatiously, wantonly and obdurately, and in any civil action on behalf of the City to recover from the convict reimbursement for expenses of his or her confinement, the Solicitor or his or her representative shall request an award of attorney's fees as part of the costs of the proceeding in addition to the reimbursement. The award of such attorney's fees shall be paid into the General Fund of the City Treasury.
(Ord. 26-1997. Passed 4-28-97.)
(a) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
(1) The person is committing, has committed, or is about to commit a criminal offense.
(2) The person witnessed any of the following:
A. An offense of violence that would constitute a felony under the laws of this State;
B. A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or property;
C. Any attempt or conspiracy to commit, or complicity in committing, any offenses identified in division (a)(2)A. or (a)(2)B. of this section;
D. Any conduct reasonably indicating that any offense identified in division (a)(2)A. or (a)(2)B. of this section or any attempt, conspiracy, or complicity described in division (a)(2)C. of this section has been, is being, or is about to be committed.
(b) Whoever violates division (a) of this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree.
(c) Nothing in division (a) of this section requires a person to answer any questions beyond that person's name, address, or date of birth. Nothing in division (a) of this section authorizes a law enforcement officer to arrest a person for not providing any information beyond the person's name, address, or date of birth or for refusing to describe the offense observed.
(d) It is not a violation of division (a) of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing.
(ORC 2921.29)
(e) No person entering an airport, train station, port, or other similar critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer when there is a threat to security and the law enforcement officer is requiring identification of all persons entering the site.
(f) A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (e) of this section from entering the critical transportation infrastructure site.
(ORC 2909.31)
(a) As used in this section, “9-1-1 system” means a system through which individuals can request emergency service using the access number 9-1-1.
(R.C. § 128.01(A))
(b) No person shall knowingly use the telephone number of a 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if the person knows that no emergency exists.
(c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service.
(d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the database that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances:
(1) For the purpose of the 9-1-1 system;
(2) For the purpose of responding to an emergency call to an emergency service provider;
(3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireless telephone network portion of the 9-1-1 system not allowing access to the database to be restricted to 9-1-1 specific answering lines at a public safety answering point;
(4) In the circumstance of access to a database being given by a telephone company that is a wireless service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a database shall be subject to the jurisdiction of the Steering Committee;
(5) In the circumstance of access to a database given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the Steering Committee. The charge, terms and conditions for the disclosure or use of that information for the purpose of access to a database is subject to the jurisdiction of the Steering Committee.
(R.C. § 128.96(F) - (H))
(e) (1) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.
(2) Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(ORC 128.99(A), (B))