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CERTIFICATION
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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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509.09. Pedestrian loitering prohibited in bridge areas.
   (a)   The Commissioner of Transportation is hereby authorized to designate, by rule, those portions of the streets and highways in the vicinity of any bridge, trestle or viaduct in the City and also those bridges, trestles and viaducts in the City on or upon which loitering by pedestrians and other persons is prohibited. The Commissioner is also authorized to erect and maintain appropriate signs along the portions of such bridges, trestles and viaducts and the approaches thereto as hereinabove authorized, prohibiting loitering.
   (b)   "Loitering" as herein used means loitering as that term is used and defined in Section 509.08.
   (c)   Any person who violates any rule promulgated in accordance with this section is guilty of a misdemeanor of the fourth degree.
(1952 Code 17-6-144; Ord. 919-73; Ord. 104-94. Passed 3-14-94.)
509.10. Curfew.
   (a)   In the event that the Mayor finds it necessary in order to preserve the public safety and good order of the community in times of public crises, riots or civil disturbances, he may declare and establish a curfew prohibiting the physical presence of anyone upon the public streets, parks and public places of the City.
   (b)   In the event the Mayor deems it necessary to issue a curfew order, he shall do so by issuing a proclamation setting forth the time, and the circumstances of such curfew order, the ages of persons to be subject thereto, and shall publish the proclamation by use of the newspapers, radio and television facilities of the community to the residents of Toledo.
   (c)   In the event the Mayor deems it necessary to issue a curfew, any police officer of the City, or any other peace officer acting under the direction of the Mayor or any other duly authorized agent, shall have the right to stop any person subject to the curfew found upon the streets or public places of the City within the hours of curfew and to inquire of such persons proof of their age, their destination and purpose for being upon the public streets and public ways of the City, to determine if such persons are subject to the curfew.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(1952 Code § 17-6-135 - 17-6-138; Ord. 919-73)
509.11. Misconduct involving a public transportation system.
   (a)   No person shall evade the payment of the known fares of a public transportation system.
   (b)   No person shall alter any transfer, pass, ticket or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system.
   (c)   No person shall do any of the following while in any facility or on any vehicle of a public transportation system:
      (1)   Play sound equipment without the proper use of a private earphone.
      (2)   Smoke, eat or drink in any area where the activity is clearly marked as being prohibited.
      (3)   Expectorate upon a facility or vehicle.
   (d)   No person shall write, deface, draw or otherwise mark on any facility or vehicle of a public transportation system.
   (e)   Whoever violates this section is guilty of misconduct involving a public transportation system, a minor misdemeanor. Notwithstanding any other provision of law, seventy-five percent (75%) of each fine paid to satisfy a sentence imposed for a violation of this section shall be deposited into the Treasury of the City and twenty-five percent (25%) shall be deposited with the Regional Transit Authority that operates the public transportation system involved in the violation.
(Ord. 401-85. Passed 5-28-85.)
509.12. Curfew hours and ages designated.
   (a)   No child, of the ages specified in subsection (a)(1), (a)(2) or (a)(3), shall be about, enter or remain upon any street, alley, park, sidewalk or other public place, either on foot or any type of vehicle (motorized or non-motorized), during the hours designated herein unless accompanied by the child's parent(s), legal guardian or other adult responsible for the care and control of the child pursuant to the consent of the child's parent(s), legal guardian or court order. Specifically, Section 509.12(a) is applicable to the following:
      (1)   A child under the age of eleven, between the hours of 10:00 p.m. and 5:00 a.m.
      (2)   A child age eleven or older, but under the age of sixteen, between the hours of 11:00 p.m. and 5:00 a.m.
      (3)   A child age sixteen or older, but under the age of eighteen, between the hours of 12:00 midnight and 5:00 a.m.
   (b)   Any child who violates Section 509.12(a) shall be deemed unruly, neglected, dependent and/or a child without proper parental care pursuant to Ohio Revised Code Sections 2151.022, 2151.03, 2151.04 and 2151.05.
      (1)   It is an affirmative defense to a violation of Section 509.12(a) that the child was returning directly home from a lawful, adult sponsored and supervised, activity or employment, or that the child was responding to a life-threatening emergency at the direction or on behalf of his or her parent(s), lawful guardian or other adult having the care and/or control of the child with the consent of the child's parent(s) or lawful guardian.
   (c)   No parent, lawful guardian or other adult person having the care and/or control of a child with the consent of the child's parent, lawful guardian or court order, shall permit or allow his or her child to violate Section 509.12(a).
      (1)   Any person who violates Section 509.12(c) shall be guilty of a misdemeanor of the first degree.
      (2)   It is an affirmative defense to a violation of Section 509.12(c) that the parent(s), lawful guardian or other adult person having the care and/or control of a child immediately called and reported to the police the child's refusal or failure to abide by the curfew.
   (d)   No person operating or in charge of any place of amusement, entertainment, refreshment or other place of business shall allow or permit, either purposefully, recklessly and/or negligently, any child to be about, enter and/or remain in or at such place in violation of Section 509.12(a).
      (1)   Any person who violates Section 509.12(d) shall be guilty of a misdemeanor of the first degree.
      (2)   It is an affirmative defense to a violation of Section 509.12(d) that the person called the police and reported the child's presence at the establishment immediately upon discovering or observing the child in or at the establishment.
   (e)   The Court, in its discretion, may waive, reduce or suspend the penalty prescribed for any infraction herein, and may impose such conditions on any suspension as it deems just. In lieu of the penalty prescribed herein, the Court may order a violator of § 509.12(a), § 509.12(c) and/or § 509.12(d) to attend counseling or an educational program, perform community service, and/or any other type of diversionary program and pay the cost or fee associated therewith.
(Ord. 714-94. Passed 12-20-94.)
509.99. Penalty.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)