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(a) No child under the age of twelve years shall be upon the streets or sidewalks of the City during the period from darkness to dawn, and no child between twelve and sixteen years of age, inclusive, shall be upon the streets or sidewalks of the City between the hours of 10:00 p.m. and 6:00 a.m. of the following day, and no child seventeen years of age shall be upon the streets and sidewalks or in a park or in any other public place between the hours of 12:00 midnight and 5:00 a.m., unless accompanied by a parent, guardian or some responsible person over the age of twenty-one years or a member of his or her family eighteen years of age or older.
(b) No parent or guardian of any child under the age of twelve years shall allow the child to be upon the streets or sidewalks during the period from darkness to dawn, and no parent or guardian of any child between the ages of twelve and sixteen years, inclusive, shall allow the child to be upon the streets or sidewalks between the hours of 10:00 p.m. and 6:00 a.m. of the following day, and no parent or guardian of any child seventeen years of age shall allow the child to be upon the streets or sidewalks or in a park or in any other public place between the hours of 12:00 midnight and 5:00 a.m., unless accompanied by his or her parent, guardian or some responsible person over the age of twenty-one years or a member of his or her family eighteen years or older.
(Ord. 270-93. Passed 2-22-94.)
(c) It shall be an affirmative defense to a charge of violating subsection (b) hereof that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time the child was found violating subsection (a) hereof.
(d) Any child who violates subsection (a) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(e) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree for a first offense and a misdemeanor of the third degree for a second and subsequent offenses. The penalty shall be as provided in Section 698.02.
(f) The Director of Public Safety is authorized to direct the Chief of Police to obtain the use of police officers, when necessary, for the enforcement of subsections (a) and (b) hereof.
(g) The fines collected for violations of the provisions of subsections (a) and (b) hereof shall be utilized to pay the expenses for the usage of the police officers, including police overtime salaries.
(h) Council shall appropriate such funds as are necessary to cover all expenses relating to the enforcement of subsections (a) and (b) hereof as soon as said expenses are provided to Council.
(Ord. 148-95. Passed 6-5-95; Ord. 154-23. Passed 11-20-23.)
(a) As used in this section:
"Age verification" has the same meaning as in R.C. § 2927.02.
"Alternative nicotine product" has the same meaning as in R.C. § 2927.02.
"Cigarette" includes clove cigarettes and hand-rolled cigarettes.
"Distribute" means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
"Electronic liquid" has the same meaning as in R.C. § 2927.02.
"Electronic smoking device" has the same meaning as in R.C. § 2927.02.
"Proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under R.C. §§ 4507.50 to 4507.52 that shows that a person is 21 years of age or older.
"Tobacco product" has the same meaning as in R.C. § 2927.02.
"Vapor product" has the same meaning as in R.C. § 2927.02.
"Vending machine" has the same meaning as "coin machine" in R.C. § 2913.01.
(b) No manufacturer, producer distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or any papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following:
(1) Give away, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
A. To any person under 21 years of age; or
B. Without first verifying proof of age.
(2) Give away, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21 years of age is prohibited by law;
(3) Knowingly furnish any false information regarding the name, age, or other identification of any person under 21 years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person;
(4) Manufacture, sell, or otherwise distribute in this state any pack or other container of cigarettes containing fewer than 20 cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
(5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;
(6) Give away, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification;
(7) Allow an employee under 18 years of age to sell any tobacco product;
(8) Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products, or alternative nicotine products:
A. To any person under 21 years of age;
B. Without first verifying proof of age;
C. In a manner prohibited under, or in accordance with R.C. Chapter 1333 or 1345; or
D. Without first paying the taxes levied on such cigarettes, other tobacco products, or alternative nicotine products under, or in accordance with R.C. Chapter 5743.
(c) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine except in the following locations:
(1) An area within a factory, business, office, or other place not open to the general public;
(2) An area to which persons under 21 years of age are not generally permitted access;
(3) Any other place not identified in division (c)(1) or (c)(2) of this section, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plan view, and control of the person who owns or operates the place, or an employee of that person so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place, or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person.
B. The vending machine is inaccessible to the public when the place is closed.
C. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high:
"IT IS ILLEGAL FOR ANY PERSON UNDER THE AGE OF 21 TO PURCHASE TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS."
(d) The following are affirmative defenses to a charge under division (b)(1) of this section:
(1) The person under 21 years of age was accompanied by a parent, spouse who is 21 years of age or older, or legal guardian of the person under 21 years of age.
(2) The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21 years of age under division (b)(1) of this section is a parent, spouse who is 21 years of age or older, or legal guardian of the person under 21 years of age.
(e) (1) It is not a violation of division (b)(1) or (b)(2) of this section for a person to give or otherwise distribute to a person under 21 years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under 21 years of age is participating in a research protocol if all of the following apply:
A. The parent, guardian, or legal custodian of the person under 21 years of age has consented in writing to the person under 21 years of age participating in the research protocol.
B. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.
C. The person under 21 years of age is participating in the research protocol at the facility or location specified in the research protocol.
(2) It is not a violation of division (b)(1) or (b)(2) of this section for an employer to permit an employee 18, 19, or 20 years of age to sell a tobacco product.
(f) (1) No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under 21 years of age with respect to any of the following:
A. Alternative nicotine products;
B. Papers used to roll cigarettes;
C. Tobacco products other than cigarettes.
(2) A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in divisions (f)(1)A. to C. of this section.
(g) Whoever violates division (b)(1), (b)(2), (b)(4), (b)(5), (b)(6), (b)(7), or (b)(8), (c), or (f) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(h) Whoever violates division (b)(3) of this section is guilty of permitting a person under 21 years of age to use cigarettes, other tobacco products, or alternative nicotine products a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (b)(3) of this section, permitting a person under 21 years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(i) Any cigarettes, other tobacco products, alternative nicotine products, or paper used to roll cigarettes that are given, sold, or otherwise distributed to a person under 21 years of age in violation of this section and that are used, possessed, purchased, or received by a person under 21 years of age in violation of R.C. § 2151.87 are subject to seizure and forfeiture as contraband under R.C. Chapter 2981.
(j) No person under the age of 21 years shall use, possess, obtain, order, pay for, share the cost of, purchase or attempt to purchase any cigarettes, cigars, other tobacco products, or alternative nicotine products in any form or quantity.
(k) No person under the age of 21 years shall knowingly show or give false information concerning his or her name, age or other identification for the purpose of purchasing or otherwise obtaining cigarettes, cigars, other tobacco products, or alternative nicotine products in any form or quantity.
(l) Whoever violates divisions (j) or (k) of this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(m) Any person under the age of 18 years who violates any of the provisions of this section shall be apprehended as a juvenile delinquent, taken before the Juvenile Court of Cuyahoga County and so charged.
(Ord. 151-23. Passed 10-16-23.)
(a) Defined. As used in this section, “harmful intoxicants” shall have the same meaning as the definition set forth in Section 620.01(v) of the Parma Codified Ordinances.
(b) Violations. No person shall, for this purpose of violating or aiding another to violate any of the provisions of this section, intentionally possess, buy, sell, transfer or receive possession of a harmful intoxicant.
(c) Possession by Minors Prohibited; Exceptions.
(1) Except as provided in division (c)(3) and (d) of this section, no person under eighteen years of age shall possess or buy a harmful intoxicant.
(2) Except as provided in division (c)(3) and (d) of this section, no person shall sell or transfer possession of a harmful intoxicant to another person under eighteen years of age.
(3) A person may sell or transfer possession of a harmful intoxicant to a person under eighteen years of age for any lawful use where the juvenile has in his or her possession and exhibits the written consent of his or her parent or guardian.
(d) Records of Sales to Minors. A person making a sale or transfer of possession of a harmful intoxicant to a person under eighteen years of age who exhibits the written consent of his or her parent or guardian shall record the name, address, and age of the minor and keep the name and address of the consenting parent or guardian. All data required by this section shall be kept in a permanent register available for inspection by the Police Department for at least six months.
(e) Ingestion Prohibited. No person shall inhale, drink, eat or otherwise introduce into his or her respiratory or circulatory system any compound, liquid, chemical, fume or substance known as a harmful intoxicant, or any material, substance or combination thereof which has any elating, dazing, paralyzing or irrational effect upon person, or which in any manner changes, distorts or disturbs the eyesight, thinking process, judgment, balance or coordination of such person. For the purpose of this division, any such condition so induced shall be deemed to be an intoxicated condition.
(f) Aiding or Abetting Minors. No person shall assist, aid, abet or encourage any minor to violate this section.
(Ord. 322-03. Passed 4-5-04.)
(a) No child between the ages of six and seventeen, inclusive, other than a child who has been suspended or expelled from school, shall be at any place within the City except in attendance at school between the hours of 8:30 a.m. and 3:00 p.m. during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary to subsection (a) hereof. No person shall negligently fail to fulfill the duty imposed by this subsection.
(c) It shall be an affirmative defense to a charge of violating subsection (a) or (b) hereof that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
(d) It shall be an affirmative defense to a charge of violating subsection (b) hereof that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time the child was found violating subsection (a) hereof.
(e) A police officer or school attendance officer may transport any child found violating subsection (a) hereof to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child who violates subsection (a) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates subsection (b) hereof is guilty of negligently failing to supervise a child of compulsory school age, a minor misdemeanor for a first offense and misdemeanor of the fourth degree for any subsequent offense. The penalty shall be as provided in Section 698.02. In addition to any other method of enforcement provided for in these Codified Ordinances or by statute, this offense may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. 203-93. Passed 9-7-93.)
(a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion:
(1) The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) The duty to prohibit the child from being at any public place at the time that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or
B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling directly to or from the job site; or
C. When the child is on an emergency errand; or
D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
No person shall negligently fail to fulfill the duties imposed by this division.
(b) No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to paragraph (a)(1) hereof.
(c) No child who has been suspended or expelled from school shall be in any public place at the time that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in paragraphs (a)(2)A., B., C. or D.
(d) As used in this section, “public place” includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.
(e) A police officer or school attendance officer may transport any child found violating subsection (a) hereof to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child who violates subsection (b) or (c) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who negligently fails to fulfill the duty imposed by subsection (a) hereof is guilty of negligently failing to supervise a suspended or expelled child, a minor misdemeanor, and shall be subject to the penalty provided in Section 698.02. In addition to any other means of enforcement provided for in these Codified Ordinances or by statute, this offense may be enforced by the issuance of a citation in accordance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. 203-93. Passed 9-7-93.)