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CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
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 TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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129.05. Special police power.
   (a)   Special police power is hereby conferred upon the following officers of the City: Mayor, President of Council, members of Council, Clerk of Council, Director of Law and all Legal Assistants to the Director of Law, Police Prosecutor, Director of Public Service and Commissioner of Streets, Bridges and Harbor; and such power is hereby determined to be the same and coextensive with that of the police officers of the Department of Police Operations. The Director of Police Operations is hereby directed to procure for each of the above officials suitable badges which shall remain the property of the City.
   (b)   Special police powers are hereby conferred upon the air pollution inspectors provided for in Title Five of Part Seventeen - Health Code. Provided, however, that such powers shall be limited to the enforcement of present and future ordinances dealing with the regulation of air pollution and by such limitations as may be placed upon such powers by the Director of Police Operations. The Director of Police Operations is hereby directed to procure suitable badges, which shall remain the property of the City.
   (c)   As Council has determined that it is necessary to provide special police powers to airport safety personnel in the employ of the City and/or the Toledo-Lucas County Port Authority at the Toledo municipally-owned airports in order to adequately enforce needful police regulations for the protection of persons and property, such police powers are hereby conferred upon all airport safety personnel for the enforcement of present and future statutes of the State and ordinances of the City.
   Such airport safety personnel are authorized to prosecute violations of the statutes of the State and the ordinances of the City in the Municipal Court of the City. Such airport safety personnel shall be provided with a suitable badge which shall remain the property of the City and shall be surrendered to the City upon termination of their employment.
   (d)   Special police powers are conferred to the entity or entities contracted by the City to enforce the cat control measures in Chapter 505 of the General Offenses Code; specifically the cat control measures in Sections 505.16, 505.17 and 505.18. The special police powers conferred herein are limited to the designated entity or entities for the sole purpose of enforcing the cat control measures encompassed in Chapter 505 of the General Offenses Code. The special police powers conferred herein shall not include the carrying or use of firearms, and shall not extend beyond the working day of the individuals employed by the entity or entities contracted by the City to enforce Chapter 505 of the General Offenses Code.
   (e)   Special police powers are hereby conferred during on duty hours upon inspectors, sanitarians, Directors of Department of Economic and Business Development and Department of Neighborhoods, Commissioner of Building Inspection and Commissioner of Code Enforcement, Chief Building Official, Manager of Code Enforcement, Fire Officers assigned to the Department of Inspection, the Toledo-Lucas County Health Department and the Department of Fire and Rescue Operations whose duty is to enforce ordinances of the City of Toledo and statutes of the State of Ohio relating to nuisances, building, sign, fire, health and housing code violations as follows:
      1.   Department of Neighborhoods. Toledo Municipal Code Chapters 1367, 1377 through 1397, Chapters 1725, 1726, 1739 through 1767 inclusive, including Appendices A through C inclusive and Chapter 1779.
      2.   Department of Economic and Business Development. Toledo Municipal Code Chapters 1367, 1377 through 1397, Chapters 1725, 1726, 1739 through 1767 inclusive, including Appendices A through C inclusive and Chapter 1779.
      3.   Toledo-Lucas County Health Department: Toledo Municipal Code Chapters 1701 through 1737, inclusive; Appendices A through L inclusive, and Chapter 1779.
      4.   Department of Fire and Rescue Operations: Toledo Municipal Code Chapters 1511, 1513 and 1519 and The Ohio Fire Code inclusive, and Chapter 1779.
   The special police powers conferred herein shall not include the carrying or use of firearms and shall be strictly limited to the inspection for violations of the nuisance, building, sign, health, fire and housing codes and the issuance of citations and summonses to the person found violating the above codes. The Director of Public Safety shall determine which individuals will be granted special police powers under this section and shall have the authority to revoke the special police powers granted to individuals under this section.
(Ord. 117-15. Passed 3-31-15.)
129.06. Limited police powers of Traffic Aides.
   (a)   The following limited police powers are hereby conferred upon the Traffic Aides, and such powers are limited to the authority to remove vehicles or cause abandoned vehicles to be towed, issuing of parking tickets, traffic citations, directing traffic, park watchman, crowd control and the collecting of money from City parking meters and duties related thereto. Such Traffic Aides shall not be permitted to carry firearms, mace or any other device such as night sticks, handcuffs and the like.
   Such limited powers shall not extend beyond their working day; and while on duty, they shall be under the direct control and supervision of the Director of Police Operations.
(Ord. 67-95. Passed 2-7-95.)
   (b)   Traffic Aides shall be provided with a suitable badge, which shall remain the property of the City and shall be surrendered to the City upon termination of their employment.
(Ord. 104-94. Passed 3-14-94.)
129.07. Police protection to adjoining governmental entities.
   The Department of Police Operations is hereby authorized to provide police protection to any county, municipal corporation, village or township, of the State which is contiguous to the borders of the City in any life threatening situation.
   The Director of the Department of Police Operations or his duly designated subordinate is authorized to provide such police protection pursuant to the provisions of this section.
(Ord. 104-94. Passed 3-14-94.)
129.08. Limited police powers -Toledo-Lucas County Port Authority Traffic Aides.
   (a)   The following limited police powers are hereby conferred upon traffic aides employed by the Toledo-Lucas County Port Authority, its designated agent or assigns and such powers are limited to the issuing of parking tickets and collecting money from City parking meters and duties related thereto. Such traffic aides shall not be permitted to carry firearms, mace or any other device such as night sticks, handcuffs and the like. Such limited powers shall not extend beyond their working day; and while on duty, they shall be under the direct control and supervision of the Toledo-Lucas County Port Authority, or its designated agent or assigns.
   (b)   Said traffic aides shall be provided with a suitable badge, which shall remain the property of the Toledo-Lucas County Port Authority and shall be surrendered to the Toledo-Lucas County Port Authority upon termination of their employment.
(Ord. 562-11. Passed 12-13-11.)
129.09. Right to Know Act.
   (a)   As used in this section, the term Law Enforcement Activity shall include the following:
      (1)   Non-custodial questioning of individuals suspected of criminal activity;
      (2)   Pedestrian stops where an officer has an individualized, reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime and where a reasonable person would not feel free to end the encounter at will;
      (3)   Frisks;
      (4)   Searches of persons or property, including vehicles;
      (5)   Roadblock or checkpoint stops, but not including street closures for public events or emergencies;
      (6)   Home searches; and
      (7)   Investigatory questioning of victims of or witnesses to crimes.
   (b)   During a law enforcement activity, a police officer shall:
      (1)   Identify himself or herself to the person who is the subject of such Law Enforcement Activity by providing his or her name, rank and assignment;
      (2)   Provide to such person an explanation of the reason for such Law Enforcement Activity, unless providing such information would impair a criminal investigation;
      (3)   Offer a business card to such person at the conclusion of any such activity containing at a minimum:
         (i)   the police officer’s name, rank and assignment; and
         (ii)   phone number for the Internal Affairs Section and an indication that such phone number may be used to submit comments about the encounter between such police officer and such person.
(Ord. 378-20. Passed 10-6-20.)
   (c)   A police officer shall offer a business card to any person requesting identifying information.
   (d)   A police officer shall not be required to comply with this section where:
      (1)   Such officer is engaged in an approved undercover activity or operation, and Law Enforcement Activity is undertaken pursuant to such undercover activity or operation; or
      (2)   Where exigent circumstances require immediate action by such police officer.
   (e)   The Department of Police Operations shall ensure that police officers have an adequate number of business cards prior to engaging in any Law Enforcement Activity.
(Ord. 201-20. Passed 6-16-20.)
129.10. Prohibition on neck restraints and chokeholds.
   The Department of Police Operation's use of all neck restraints, chokeholds or other maneuvers that involve the application of pressure to the throat or windpipe that prevent or hinder breathing or reduce the intake of air is hereby prohibited.
(Ord. 202-20. Passed 6-16-20.)
129.11. Duty to intervene and report.
   (a)   Any member of the Department of Police Operations who observes another member of the Department of Police Operations use any unauthorized use of force, including any prohibited neck restraint or chokehold, must attempt to safely intervene by verbal and physical means, and if they do not do so, they shall be subject to discipline to the same severity as if they themselves engaged in the prohibited use of force.
   (b)   Any member of the Department of Police Operations who observes another member of the Department of Police Operations use any unauthorized use of force, including any prohibited neck restraint or chokehold, has an affirmative duty to immediately report the incident while still on scene by phone or radio to their Commander or their Commander's superiors.
(Ord. 203-20. Passed 6-16-20.)