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Terrace Park Overview
Terrace Park, Ohio Code of Ordinances
VILLAGE OF TERRACE PARK, OHIO CODE OF ORDINANCES
VILLAGE OFFICIALS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 136.11 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 Legislative Authority 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 R.C. Chapter 3314; treasurer of a science, technology, engineering, and mathematics school established under R.C. Chapter 3326; or fiscal officer of a college-preparatory boarding school established under 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 R.C. § 9.08;
      (2)   A fiscal officer employed by the operator of a community school established under R.C. Chapter 3314 or by the operator of a college-preparatory boarding school established under R.C. Chapter 3328.
(R.C. § 2921.44) (`96 General Offenses Code, § 525.12)
§ 136.12 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) (`96 General Offenses Code, § 525.13)
Statutory reference:
   Restraining or confining pregnant children or pregnant women, see R.C. § 2152.75(B) and R.C. § 2901.10
§ 136.13 ILLEGAL CONVEYANCE OF PROHIBITED ITEMS ONTO GROUNDS OF A DETENTION FACILITY OR OTHER SPECIFIED GOVERNMENTAL FACILITY.
   (A)   No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution, office building, or other place that is under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services, or the Department of Rehabilitation and Correction, any of the following items:
      (1)   Any deadly weapon or dangerous ordnance, as defined in R.C. § 2923.11, or any part of or ammunition for use in such deadly weapon or dangerous ordnance.
      (2)   Any drug of abuse, as defined in R.C. § 3719.011.
      (3)   Any intoxicating liquor, as defined in R.C. § 4301.01, except for small amounts of wine for sacramental purposes when the person engaging in the specified conduct is a cleric, as defined in R.C. § 2317.02.
   (B)   Division (A) of this section does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution, office building, or other place under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services, or the Department of Rehabilitation and Correction, with written authorization of the person in charge of the detention facility or the institution, office building, or other place and in accordance with the written rules of the detention facility or the institution, office building, or other place.
   (C)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, to a prisoner who is temporarily released from confinement for a work assignment, or to any patient in an institution under the control of the Department of Mental Health and Addiction Services or the Department of Developmental Disabilities, any item listed in division (A).
   (D)   No person shall knowingly deliver or attempt to deliver cash to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment.
   (E)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment a cellular telephone, two-way radio, or other electronic communications device.
   (F)   (1)   It is an affirmative defense to a charge under division (A)(1) of this section that the weapon or dangerous ordnance in question was being transported in a motor vehicle for any lawful purpose, that it was not on the actor’s person, and if the weapon or dangerous ordnance was a firearm, that it was unloaded and was being carried in a closed package, box or case or in a compartment that can be reached only by leaving the vehicle.
      (2)   It is an affirmative defense to a charge under division (C) of this section that the actor was not otherwise prohibited by law from delivering the item to the confined person, the child, the prisoner, or the patient and that either of the following applies:
         (a)   The actor was permitted by the written rules of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
         (b)   The actor was given written authorization by the person in charge of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
   (G)   (1)   Whoever violates division (A)(1) of this section or commits a violation of division (C) of this section involving any item listed in division (A)(1) of this section is guilty of illegal conveyance of weapons onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (A)(2) of this section or commits a violation of division (C) of this section involving any drug of abuse is guilty of illegal conveyance of drugs of abuse onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (A)(3) of this section or commits a violation of division (C) of this section involving any intoxicating liquor is guilty of illegal conveyance of intoxicating liquor onto the grounds of a specified governmental facility, a misdemeanor of the second degree.
      (4)   Whoever violates division (D) of this section is guilty of illegal conveyance of cash onto the grounds of a detention facility, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (D) of this section or a substantially equivalent state law or municipal ordinance, illegal conveyance of cash onto the grounds of a detention facility is a felony to be prosecuted under appropriate state law.
      (5)   Whoever violates division (E) of this section is guilty of illegal conveyance of a communications device onto the grounds of a specified governmental facility, a misdemeanor of the first degree. If the offender previously has been convicted or pleaded guilty to a violation of division (E) of this section or a substantially equivalent state law or municipal ordinance, illegal conveyance of a communications device onto the grounds of a detention facility is a felony to be prosecuted under appropriate state law.
(R.C. § 2921.36)
   (H)   The person in charge of a detention facility shall, on the grounds of the detention facility, have the same power as a peace officer, as defined in R.C. § 2935.01, to arrest a person who violates this section.
(R.C. § 2921.37)
Statutory reference:
   Conveyance or possession of deadly weapons or dangerous ordnance on school premises, felony offense, see R.C. § 2923.122
   Conveyance, possession, control of deadly weapon or dangerous ordinance in a courthouse, felony offense, see R.C. § 2923.123
   Possession of deadly weapon while under detention, felony, see R.C. § 2923.131
§ 136.14 FALSE REPORT OF CHILD ABUSE OR NEGLECT.
   (A)   No person shall knowingly make or cause another person to make a false report under R.C. § 2151.421(B) alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in R.C. § 2151.031 or a neglected child as defined in R.C. § 2151.03.
   (B)   Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree.
(R.C. § 2921.14)
§ 136.15 ASSAULTING POLICE DOG OR HORSE, OR ASSISTANCE DOG.
   (A)   No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:
      (1)   The police dog or horse is assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted.
      (2)   The police dog or horse is not assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.
   (B)   No person shall recklessly do any of the following:
      (1)   Taunt, torment, or strike a police dog or horse;
      (2)   Throw an object or substance at a police dog or horse;
      (3)   Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:
         (a)   Inhibits or restricts the law enforcement officer’s control of the police dog or horse;
         (b)   Deprives the law enforcement officer of control of the police dog or horse;
         (c)   Releases the police dog or horse from its area of control;
         (d)   Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
         (e)   Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer;
      (4)   Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse;
      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct, the police dog or horse is assisting a law enforcement officer in the performance of the officer’s duties or that the person knows is a police dog or horse.
   (C)   No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
      (1)   The dog, at the time the physical harm is caused or attempted, is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment.
      (2)   The dog, at the time the physical harm is caused or attempted, is not assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment, but the offender has actual knowledge that the dog is an assistance dog.
   (D)   No person shall recklessly do any of the following:
      (1)   Taunt, torment, or strike an assistance dog;
      (2)   Throw an object or substance at an assistance dog;
      (3)   Interfere with or obstruct an assistance dog, or interfere with or obstruct a person who is blind, deaf, or hearing impaired or a person with a mobility impairment who is being assisted or served by an assistance dog, in a manner that does any of the following:
         (a)   Inhibits or restricts the assisted or served person’s control of the dog;
         (b)   Deprives the assisted or served person of control of the dog;
         (c)   Releases the dog from its area of control;
         (d)   Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
         (e)   Inhibits or restricts the ability of the dog to assist the assisted or served person;
      (4)   Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment or that the person knows is an assistance dog.
   (E)   (1)   Whoever violates division (A) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation results in serious physical harm to the police dog or horse or results in its death, assaulting a police dog or horse is a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (B) of this section is guilty of harassing a police dog or horse. Except as otherwise provided this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree. If the violation results in serous physical harm to the police dog or horse or results in its death, harassing a police dog or horse is a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (C) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, assaulting an assistance dog is a felony to be prosecuted under appropriate state law.
      (4)   Whoever violates division (D) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog but does not result in the death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, harassing an assistance dog is a felony to be prosecuted under appropriate state law.
      (5)   In addition to any other sanctions or penalty imposed for the offense under this section, R.C. Chapter 2929 or any other provision of the Revised Code or this code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following:
         (a)   Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of division (A) or (B) of this section or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog regarding a violation of division (C) or (D) of this section;
         (b)   The cost of any damaged equipment that results from the violation;
         (c)   If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog;
         (d)   If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog or horse that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
   (F)   This section does not apply to a licensed veterinarian whose conduct is in accordance with R.C. Chapter 4741.
   (G)   This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or an assistance dog.
   (H)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ASSISTANCE DOG, BLIND and PERSON WITH A MOBILITY IMPAIRMENT. Have the same meaning as in R.C. § 955.011.
      PHYSICAL HARM. Any injury, illness, or other psychological impairment, regardless of its gravity or duration.
      POLICE DOG OR HORSE. A dog or horse that has been trained and may be used to assist law enforcement officers in the performance of their official duties.
      SERIOUS PHYSICAL HARM. Any of the following:
         (a)   Any physical harm that carries a substantial risk of death.
         (b)   Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming.
         (c)   Any physical harm that causes acute pain of a duration that results in substantial suffering.
(R.C. § 2921.321) (`96 General Offenses Code, § 525.15)
§ 136.16 DISCLOSURE OF CONFIDENTIAL PEACE OFFICER INFORMATION.
   (A)   No officer or employee of a law enforcement agency or court, or of the clerk’s office of any court, shall disclose during the pendency of any criminal case the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case.
   (B)   Division (A) of this section does not prohibit a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee from disclosing the peace officer’s, parole officer’s, prosecuting attorney’s, assistant prosecuting attorney’s, correctional employee’s, or youth services employee’s own home address, and does not apply to any person who discloses the home address of a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee pursuant to a court-ordered disclosure under division (C) of this section.
   (C)   The court in which any criminal case is pending may order the disclosure of the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case, if the court determines after a written request for the disclosure that good cause exists for disclosing the home address of the peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee.
   (D)   Whoever violates division (A) of this section is guilty of disclosure of confidential information, a misdemeanor of the fourth degree.
(R.C. § 2921.24)
   (E)   No judge of a court of record, or Mayor presiding over a Mayor’s Court, shall order a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness in a criminal case, to disclose the peace officer’s, parole officer’s, prosecuting attorney’s, assistant prosecuting attorney’s, correctional employee’s, or youth services employee’s home address during the peace officer’s, parole officer’s, prosecuting attorney’s, assistant prosecuting attorney’s, correctional employee’s, or youth services employee’s examination in the case unless the judge or Mayor determines that the defendant has a right to the disclosure.
   (F)   As used in this section:
      PEACE OFFICER. Has the same meaning as in R.C. § 2935.01.
      CORRECTIONAL EMPLOYEE. Has the same meaning as in R.C. § 149.43.
      YOUTH SERVICES EMPLOYEE. Has the same meaning as in R.C. § 149.43.
(R.C. § 2921.25)
§ 136.17 INTIMIDATION OF CRIME VICTIM OR WITNESS.
   (A)   No person shall knowingly attempt to intimidate or hinder the victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding, and no person shall knowingly attempt to intimidate a witness to a criminal or delinquent act by reason of the person being a witness to that act.
   (B)   No person, knowingly and by force or by unlawful threat of harm to any person or property or by unlawful threat to commit any offense or calumny against any person, shall attempt to influence, intimidate, or hinder any of the following persons:
      (1)   The victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding;
      (2)   A witness to a criminal or delinquent act by reason of the person being a witness to that act;
      (3)   An attorney by reason of the attorney’s involvement in any criminal or delinquent child action or proceeding.
   (C)   Division (A) of this section does not apply to any person who is attempting to resolve a dispute pertaining to the alleged commission of a criminal offense, either prior to or subsequent to the filing of a complaint, indictment, or information by participating in the arbitration, mediation, compromise, settlement or conciliation of that dispute pursuant to an authorization for arbitration, mediation, compromise, settlement, or conciliation of a dispute of that nature that is conferred by any of the following:
      (1)   A section of the Ohio Revised Code.
      (2)   The Rules of Criminal Procedure, the Rules of Superintendence for Municipal Courts and County Courts, the Rules of Superintendence for Courts of Common Pleas, or another rule adopted by the Ohio Supreme Court in accordance with Ohio Constitution, Article IV, Section 5.
      (3)   A local rule of court, including but not limited to a local rule of court that relates to alternative dispute resolution or other case management programs and that authorizes the referral of disputes pertaining to the alleged commission of certain types of criminal offenses to appropriate and available arbitration, mediation, compromise, settlement or other conciliation programs.
      (4)   The order of a judge of a municipal court, county court, or court of common pleas.
   (D)   Whoever violates this section is guilty of intimidation of an attorney, victim or witness in a criminal case. A violation of division (A) of this section is a misdemeanor of the first degree. A violation of division (B) of this section is a felony to be prosecuted under appropriate state law.
   (E)   As used in this section, WITNESS means any person who has or claims to have knowledge concerning a fact or facts concerning a criminal or delinquent act, whether or not criminal or delinquent child charges are actually filed.
(R.C. § 2921.04)
Statutory reference:
   Retaliation, felony offense, see R.C. § 2921.05
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