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Adopting Ordinance
ROSTER OF OFFICIALS
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REYNOLDSBURG CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - NUISANCE AND PROPERTY MAINTENANCE CODE
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501.09 ATTEMPT.
   (a)   No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct which, 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 which 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 or of complicity in the commission of 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 effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his 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)
501.10 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 similar 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)
501.11 ORGANIZATIONAL CRIMINAL LIABILITY.
   (a)   An organization may be convicted of an offense under any of the following circumstances:
      (1)   The offense is a minor misdemeanor committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer’s, agent’s, or employee’s office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (2)   A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer’s, agent’s, or employee’s office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (3)   The offense consists of an omission to discharge a specific duty imposed by law on the organization.
      (4)   If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated, or performed by the board of directors, trustees, partners, or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of such a board’s or person’s office or employment.
   (b)   If strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.
   (c)   In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent, or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.
   (d)   As used in this section, “organization” means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust, or other commercial or legal entity. “Organization” does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(ORC 2901.23)
501.12 PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.
   (a)   An officer, agent, or employee of an organization, as defined in Ohio R.C. 2901.23, may be prosecuted for an offense committed by such organization, if he or she acts with the kind of culpability required for the commission of the offense, and any of the following apply:
      (1)   In the name of the organization or in its behalf, he or she engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he or she has direct responsibility;
      (2)   He or she has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
   (b)   When a person is convicted of an offense by reason of this section, he or she is subject to the same penalty as if he or she had acted in his or her own behalf.
(ORC 2901.24)
501.13 DISPOSITION OF PROPERTY HELD BY LAW ENFORCEMENT AGENCY.
   (a)   Property which has been lost, abandoned, stolen or lawfully seized or forfeited and is in the custody of the Police Division shall be deposited and kept in a location designated by the Mayor. A record of all such property shall be maintained, which will include the name of the owner, if known, the person from whom received and the location where found with general circumstances. All property which is evidence shall be kept until it is no longer needed and then disposed of pursuant to this section.
   (b)   The Police Division shall make a reasonable effort to notify the person entitled to possession of property in its custody and indicate where such property may be claimed.
   (c)   A person loses any right he may have to title or possession of property when:
      (1)   It was the subject or was used in a conspiracy or attempt to commit, or the commission of an offense other than a traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense.
      (2)   In light of the nature of the property or the circumstances of such person, it is unlawful for him to acquire or possess it.
   (d)   After thirty days all unclaimed and forfeited bicycles and after ninety days all other unclaimed and forfeited property in the custody of the Division of Police shall be disposed of as provided in this section or as ordered by the appropriate court having jurisdiction over the property.
      (1)   All drugs shall be destroyed.
      (2)   Firearms and dangerous ordnance suitable for police work may be retained by the Division of Police for that purpose. Firearms suitable for sporting use, museum pieces or collector's Items may be destroyed, donated to a private museum or traded in on new equipment or weapons or firearms to a police equipment supplier that has a valid current federal firearms license and is a factory firearms dealer. Weapons considered to be of a "Saturday Night Special" type shall be destroyed. Firearms traded in on new equipment or weapons or firearms, are to be traded for Police Division regulation issued equipment, weapons or firearms;
      (3)   Obscene materials shall be destroyed;
      (4)   Other unclaimed or forfeited property may be sold at public auction as directed by the Chief of Police or disposed of as the court considers proper under the circumstances.
   (e)   The proceeds from property shall be disposed of as follows:
      (1)   The proceeds from property sold at auction pursuant to this section shall be placed in the General Fund of the City.
      (2)   Those monies which have been lost, abandoned or stolen, and whose rightful owner cannot be identified and/or located pursuant to Ohio Revised Code and City ordinance shall be placed in the General Fund of the City.
   (f)   This section does not apply to the collection, storage or disposal of junk motor vehicles.
(Ord. 55-82. Passed 6-28-82; Ord. 50-01. Passed 4-23-01.)
501.14 SELF-DEFENSE: LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.
   (a)   As used in this section, “residence” has the same meaning as in R.C. § 2901.05.
   (b)   For purposes of any section of this code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence if that person is in a place in which the person lawfully has a right to be.
   (c)   A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
(R.C. § 2901.09)
501.15 MISDEMEANOR INVESTIGATION; EXAMINATION OF WITNESSES AND EVIDENCE.
   (a)   After a misdemeanor offense has been committed, and before a criminal complaint has been filed or an arrest has been made, the Mayor, Mayor's Court Magistrate, City Attorney, Acting City Attorney, Assistant City Attorney or any judge of the Franklin County Municipal Court, may cause a subpoena, with a copy of this section attached, to issue returnable before such court, for any person to give information concerning such misdemeanor offense, including designated books, records, or other documents. The subpoena shall require the witness to appear forthwith at a time designated in the subpoena.
   (b)   Before a witness is required to give information or produce documents under this section, the witness must be informed of the purpose of the inquiry, and that the witness is required to tell the truth concerning same. The witness shall then be sworn and be examined under oath by the Mayor, Mayor's Court Magistrate, City Attorney, Acting City Attorney, Assistant City Attorney, or by the court, subject to the constitutional right against self-incrimination.
   (c)   If after being sworn, or during the inquiry, a witness subpoenaed under this section asserts the constitutional right against self-incrimination, the Mayor, Mayor's Court Magistrate, City Attorney, the Acting City Attorney, or the Assistant City Attorney shall cease the inquiry.
   (d)   No person shall fail to appear, or fail to be sworn, at the designated time and place in response to a subpoena issued under this section. A witness who has been subpoenaed and intends to assert the constitutional right against self-incrimination is not excused from appearing or being sworn in response to a subpoena issued under this section, but may assert such privilege after appearing and being sworn, and at such time the parties shall proceed in accordance with division (c) of this section.
   (e)   Any person who violates division (d) of this section is guilty of a minor misdemeanor upon first offense, and is guilty of a misdemeanor of the fourth degree upon second and subsequent offenses.
(Ord. 75-2000. Passed 6-26-00.)
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