Loading...
(a) No person shall:
(1) Disobey or resist a lawful writ, process, order, rule, judgment or command of a court or an officer;
(2) As an officer of a court, misbehave in the performance of his official duties or in his official transactions;
(3) Fail to obey a subpoena duly served, or refuse to be sworn or to answer as a witness, when lawfully required;
(4) Rescue or attempt to rescue a person or property in the custody of an officer which custody is by virtue of an order or process of a court; or
(5) When recognized to appear as a witness in a court, fail to appear in compliance with the terms of his recognizance.
(b) No person who has been summoned as provided in Ohio R.C. 2935.10(B) shall, if personal service of the summons was had upon him, fail to appear without just cause.
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 236-77. Passed 2-6-78; Ord. 149-78. Passed 6-5-78.)
(a) For the purpose of this section, the following definitions shall apply:
(1) “Lawfully issued.” Adopted, issued, or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.
(2) “Political subdivisions.” Municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
(3) “Sham legal process.” An instrument that meets all of the following conditions:
A. It is not lawfully issued.
B. It purports to do any of the following:
1. To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
2. To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
3. To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
C. It is designed to make another person believe that it is lawfully issued.
(4) “State.” A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. “State” does not include the political subdivisions of the state.
(b) No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
(1) Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.
(2) Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
(3) Knowingly commit or facilitate the commission of an offense using sham legal process.
(4) Knowingly commit a felony by using sham legal process.
(c) It is an affirmative defense to a charge under division (b)(1) or (2) of this section that the use of sham legal process was for a lawful purpose.
(d) Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate State law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2921.52(A) - (D); Ord. 176-98. Passed 6-15-98.)
(a) No person shall introduce any contraband into the City of Parma Jail or convey the same to any person incarcerated therein by any means.
(b) For purposes of this section, “contraband” shall be defined as provided in Section 606.01.
(c) Whoever violates this section is guilty of introducing contraband into the City Jail, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02.
(Ord. 177-99. Passed 7-6-99.)
(a) Definitions. For the purpose of this chapter the words and phrases defined in this division shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(1) "Nuisance property" means a premises or dwelling unit thereof that is in violation of division (b) of this section.
(2) "Nuisance" means any of the following activities, conduct or behavior occurring on premises or any dwelling unit thereof and engaged in by an owner, operator, occupant or invitee of the owner or occupant thereof;
A. Any animal violations under Chapter 618 of the Codified Ordinances;
B. Any disorderly conduct, disturbance of the peace or other violation of Chapter 648 of the Codified Ordinances;
C. Any drug abuse violation under Chapter 620 of the Codified Ordinances;
D. Any gambling violation under Chapter 624 of the Codified Ordinances;
E. Any health, safety, or sanitation violation under Chapter 660 of the Codified Ordinances;
G. Any alcohol violations under Chapter 612 of the Codified Ordinances;
I. Any offense against another person under Sections 636.02 (Assault), 636.03 (Negligent Assault), 636.04 (Aggravated Menacing), 636.05 (Menacing), 630.01 (Endangering Children), 630.03 (Contributing to the Unruliness or Delinquency of a Child), 630.05 (Sales of Cigarettes, Cigars, Tobacco to Minors), or 630.055 (Transfer of Harmful Intoxicants to Minors), of the Codified Ordinances;
K. Any littering or deposition of waste under Section 660.26 (Deposit of Refuse, Garbage on Public or Private Property; Placement of Signs on Public or Private Property), of the Codified Ordinances;
M. Any arson violation under Section 642.09 (Arson) of the Codified Ordinances;
O. Any weapons, explosives, firearms or handgun violation under Chapter 672 of the Codified Ordinances;
P. Any noise violation under Chapter 634 or Chapter 669 of the Codified Ordinances;
Q. Any fireworks violation under Section 1305.02 of the Codified Ordinances;
R. Any felony offense as defined by the Ohio Revised Code.
(3) "Occupant" means the person residing in or having use of a premises or any dwelling unit thereof. The same person or persons can be owner and occupant.
(4) "Operator" means any person, firm, partnership, company, corporation or association, including their employees, agents, or contractors, that controls, operates, or manages a premises or any dwelling unit thereof.
(5) "Owner" means any person, partnership, firm, company, association, trust or corporation, who alone or jointly with others, is in possession of or has any control of any premises or any dwelling unit thereof, or is listed as the owner of a premises or any dwelling unit thereof on the records of the Cuyahoga County Fiscal Office.
(6) "Invitee" means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits a premises or any dwelling unit thereof; or attempts to or waits to enter, patronize, or visit a premises or any dwelling unit thereof or person present on a premises or any dwelling unit thereof, including any officer, director, customer, agent, employee, or independent contractor of a premises owner.
(7) "Premises" or "property" means a platted lot or part thereof, or unplatted lot or parcel of land, or plot of land either occupied or unoccupied by any building or structure, equipment, or personal property of any kind.
(8) "Dwelling unit" means an individual residential dwelling in which the occupant(s) have a right to exclusive possession, including but not limited to a single-family home, an apartment, or an individual dwelling within a multi-family home or residential complex.
(b) Declaration of Nuisance Property; Notice. The Chief of Police or his or her designee shall notify in writing an owner of premises or any unit thereof that such property is declared a nuisance property when any of the following circumstances have occurred at the property;
(1) At non-residential properties, three or more nuisance activities committed on separate days during a thirty-day period; or
(2) At single-family homes or other dwelling units, two nuisance activities committed on separate days within a one-year period.
The notice shall provide the following information: the street address or legal description sufficient to identify the premises; a factual description or the nuisance activities that have occurred at the premises, including the dates of the nuisance activities; and the general costs to abate any future nuisance activities occurring at the premises as provided in division (e) of this section. The notice shall further state that if a subsequent nuisance activity, which requires abatement occurs within one year (for residential properties) or within thirty days (for non-residential properties) of the dates of the notice given under this division, that the costs of such abatement shall be assessed on the nuisance property. Notice shall be served as set forth in division (g) below.
(c) Abatement of Nuisance. Whenever the Safety Director or his or her designee determines that an additional nuisance activity has occurred at a premises or dwelling unit thereof for which notice has been issued pursuant to division (b) more than seven days after such notice has been issued, the Safety Director or his or her designee may abate the nuisance by responding to the activity using administrative and law enforcement actions. and the costs of such abatement shall be calculated as set forth in division (e) of this section. The Safety Director or his or her designee shall provide notice to the owner of the nuisance property of the City's intent to assess the costs of abatement against the owner's property at least thirty days before such costs are certified to the county for assessment against the property, and such notice shall contain the street address or legal description sufficient for identification of the premises, a description of the nuisance activity that is the basis for the notice of intent to assess the property, the date of the nuisance activity, the cost to abate, and a statement that the premises owner may appeal the determination that the owner's premises is a nuisance property or may appeal the amount of the bill as provided in division (d) of this section. Notice shall be served as set forth in division (g) of this section.
(d) Appeals. A person who receives a notice pursuant to this section may appeal such notice by submitting a written request for reconsideration to the Safety Director within thirty days of the date of the notice. If the Safety Director finds that the facts presented do not support the declaration of a nuisance or the amount of the costs of abatement, the Safety Director shall rescind the notice or amend the notice findings consistent with the evidence. Otherwise the Safety Director shall deny the request. The Safety Director shall issue a written decision on any appeal brought pursuant to this division.
Any appeal made under this division shall not stay any actions by the City. The City must show by a preponderance of the evidence that each violation stated in the notice being appealed has occurred, and that the declaration of the property as a nuisance property, the intent of the City to assess the property for abatement costs, or the amount of the costs of abatement, whichever is applicable, is justified. The City shall be deemed to have failed to have met this standard if the appellant demonstrates by a preponderance of evidence that:
(1) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or
(2) He or she had knowledge of the nuisance activity, but has promptly taken all actions necessary to abate each nuisance including, without limitation, compliance with the requirements of R.C. § 5321.17(C) and 5321.04(A)(9); or
(3) He or she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he or she promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements of R.C. § 5321.17 (C) and 5321.04(A)(9).
(4) The abatement costs do not conform to the calculation standards set forth in division (e) of this section.
(e) Costs of Abatement. Costs of abatement shall be calculated based upon the hourly wage of the police officer(s) or other City employee(s) involved in the abatement of the nuisance activity, plus 75% multiplied by the number of hours required to abate the nuisance.
(f) Reservation of Rights. Notwithstanding any provision of this section, the declaration of a nuisance property, an order to abate a nuisance, or the assessment of costs by the City on a property, do not affect or limit the City's right or authority to bring criminal prosecution or other legal action against any person for violation of the City's ordinances.
(g) Service of Notice. Any notice issued under this section may be served by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the premises involved, or by mailing it first class to the owner, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.
(h) Severability. The provisions of any part of this section are severable. If any provision or division hereof or the application thereof to any person or circumstances is held invalid, the other provisions, divisions, and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this section that the same would have been adopted had such invalid provisions, if any, not been included herein.
(Ord. 220-04. Passed 6-20-05; Ord. 178-12. Passed 9-17-12; Ord. 160-16. Passed 8-1-16; Ord. 61-17. Passed 5-1-17; Ord. 199-19. Passed 10-7-19; Ord. 106-24. Passed 11-6-24.)
(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))
Loading...