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(a) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(b) Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section involving the same person who is the victim of the current offense, menacing by stalking is a felony of the fourth degree.
(c) As used in this section:
(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents.
(2) "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
(O.R.C. 2903.211; Ord. 406-94. Passed 7-26-94.))
(a) Except when the complaint involves a person who is a family member or household member as defined in Section 537.19 of the Toledo Municipal Code, upon the filing of a complaint that alleges a violation of Section 537.05, 537.06, 537.25, or 541.15 of the Toledo Municipal Code, the complainant may file a motion that requests the issuance of an anti-stalking protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Criminal Rule 46. The motion shall be filed with the Clerk of Court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant may file a motion for a temporary protection order pursuant to Section 537.19 of the Toledo Municipal Code.
(b) A motion for an anti-stalking protection order shall be prepared on a form that is provided by the Clerk of Court, which form shall be substantially as follows:
Case Number:_____________
"Motion for Anti-Stalking Protection Order
_________________ Court
Name and address of court
State of Ohio/City of Toledo
v.
__________________________________
Name of Defendant
(Name of person), the complainant in the above-captioned case, moves the court to issue an anti-stalking protection order containing terms designed to ensure the safety and protection of the complainant in relation to the named defendant, pursuant to its authority to issue such an order under Section 537.26 of the Toledo Municipal Code.
I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any anti-stalking protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint.
____________________________
Signature of complainant
____________________________
Address of complainant"
(c) As soon as possible after the filing of a motion that requests the issuance of an anti- stalking protection order, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The complainant shall appear before the court and provide the court with information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender, the court may issue an anti-stalking protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant.
(d) (1) Except when the complaint involves a person who is a family or household member as defined in Section 537.19 of the Toledo Municipal Code, upon the filing of a complaint that alleges a violation of Section 537.05, 537.06, 537.25, or 541.15 of the Toledo Municipal Code, the court, upon its own motion, may issue an anti-stalking protection order as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender.
(2) If the court issues an anti-stalking protection order under this section as a ex parte order, it shall conduct, as soon as possible after the issuance of the order but not later than the next day the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (c) of this section.
(e) An anti-stalking protection order that is issued as a pretrial condition of release under this section:
(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;
(2) Is effective only until the disposition of the criminal proceeding arising out of the complaint upon which it is based;
(3) Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
(f) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting an anti-stalking protection order.
(g) (1) A copy of any anti-stalking protection order that is issued under this section shall be issued by the court to the complainant, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered.
(2) All law enforcement agencies shall establish and maintain an index for the anti- stalking protection orders delivered to the agencies pursuant to division (g)(1) of this section. With respect to each order delivered, each agency shall note on the index, the date and time of the receipt of the order by the agency.
(3) Any officer of a law enforcement agency shall enforce an anti-stalking protection order in accordance with the provisions of the order.
(h) Upon a violation of an anti-stalking protection order, the court may issue another anti-stalking protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.
(i) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section. (O.R.C. 2903.213; Ord. 405-94. Passed 7-26-94.)
(a) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to Sections 2919.26 or 3113.31 of the Ohio Revised Code, or 537.20 of the Toledo Municipal Code;
(2) A protection order issued pursuant to Sections 2903.213 or 2903.214 of the Ohio Revised Code, or 537.26 of the Toledo Municipal Code;
(3) A protection order issued by a court of another state.
(b) Whoever violates this Section is guilty of violating a protection order. Except as otherwise provided in Sections 2919.27(B)(1)(b) or 2919.27(B)(2)(b) of the Ohio Revised Code, violating a protection order is a misdemeanor of the first degree.
(c) It is an affirmative defense to a charge under division (a)(3) of this Section that the protection order issued by a court of another state does not comply with the requirements specified in 18 USC 2265(b) for a protection order that must be accorded full faith and credit by a court of this state or that it is not entitled to full faith and credit under 18 USC 2265(c).
(d) As used in this Section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued by an independent action or as a pendente lite order in a proceeding or other relief, if the court issued it in response to a complaint, petition, or motion file by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child.
(ORC 2919.27; Ord. 622-00. Passed 6-20-00.)
(a) Definitions:
(1) "Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, emitted either prior to or during consumption of a tobacco product. "Characterizing Flavor" includes tastes or aromas relating to food or drink of any sort, menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herbs, or spices.
(2) "Electronic Smoking Device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. "Electronic Smoking Device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic Smoking Device" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(3) "Flavored Electronic Smoking Device" means any Electronic Smoking Device with a Characterizing Flavor.
(4) "Flavored Vapor Product" means any Vapor Product with a Characterizing Flavor.
(5) "Pre-Filled Flavored Vapor Cartridge" means a cartridge containing Flavored Vapor Product that is filled and sealed at the point of manufacture.
(6) "Retail Vapor Product Specialty Business" means a commercial establishment in which the sale of Vapor Products and Electronic Smoking Devices accounts for more than 60% of the total gross receipts for the establishment.
(7) "Vapor Product" means a product, other than a cigarette or other tobacco product as defined in Chapter 5743 of the Ohio Revised Code, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. "Vapor Product" includes any component, part, or additive that is intended for use in an Electronic Smoking Device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. "Vapor Product" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). "Vapor product" includes any product containing nicotine, regardless of concentration.
(b) Only Retail Vapor Product Specialty Businesses may engage in the sale of Flavored Vapor Products or Flavored Electronic Smoking Devices. Pre-Filled Flavored Vapor Cartridges shall not be sold in the City.
(c) Whoever violates this section is guilty of illegal distribution of Flavored Vapor Products, Flavored Electronic Smoking Devices, or Pre-Filled Flavored Vapor Cartridges, a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of this section, then illegal distribution Flavored Vapor Products, Flavored Electronic Smoking Devices or Pre-Filled Flavored Vapor Products is a misdemeanor of the third degree. A minimum fine shall be fixed by the court as follows:
(1) If a first time offender is an organization as defined in Section 501.11(d), the court shall impose a fine of not less than two hundred fifty dollars ($250.00).
(2) If the offender is an organization and has previously been convicted of a violation of this section, then the court shall impose a fine of not less than five hundred dollars ($500.00).
(3) If a first time offender is not an organization, the court shall impose a fine of not less than fifty dollars ($50.00).
(4) If an offender is not an organization and has previously been convicted of a violation of this section, then the court shall impose a fine of not less than one hundred dollars ($100.00).
(Ord. 569-19. Passed 12-10-19.)
(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)