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Toledo Municipal Code
TOLEDO MUNICIPAL CODE
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
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 507 Anti-Noise Law
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 511 Alarm Systems
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Family Offenses
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 543 Securities
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 554 Employment, Real Estate Discrimination
CHAPTER 555 Hate Crime
CHAPTER 556 Closed Captioning
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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525.05. Failure to report a crime or knowledge of death.
   (a)   No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
   (b)   No physician, limited practitioner, nurse or person giving aid to a sick or injured person, shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by him, any serious physical harm to persons that he knows or has reasonable cause to believe resulted from an offense of violence, any second or third degree burn that was inflicted by an explosion or other incendiary device, or any burn that shows evidence of having been inflicted in a violent, malicious or criminal manner.
   (c)   No person who discovers the body or acquires the first knowledge of the death of any person shall fail to report the death immediately to any physician whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, ambulance service, emergency squad or the County Coroner in the county in which the body is discovered, the death is believed to have occurred or knowledge concerning the death is obtained.
   (d)   No person shall fail to provide upon request of the person to whom he has made a report required by subsection (c) hereof, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within his knowledge that may have a bearing on the investigation of the death.
   (e)   Subsection (a) or (d) hereof does not require disclosure of information, when any of the following applies:
      (1)   The information is privileged by reason of the relationship between attorney and client, doctor and patient, licensed psychologist or licensed school psychologist and client, clergyman or rabbi or minister or priest and any person communicating information confidentially to him for a religious counseling purpose in his professional character, or husband and wife.
      (2)   The information would tend to incriminate a member of the actor's immediate family.
      (3)   Disclosure of the information would amount to revealing a news source privileged under Ohio R.C. 2739.04 or 2739.12.
      (4)   Disclosure of the information would amount to disclosure of any ordained clergyman of an organized religious body of confidential communication made to him in his capacity as such by a person seeking his aid or counsel.
      (5)   Disclosure would amount to revealing information acquired by the actor in the course of his duties in connection with a bona fide program of treatment or services for drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency or organization registered pursuant to Ohio R.C. 5122.51.
      (6)   Disclosure would amount to revealing information acquired by the actor in the course of his duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of Ohio R.C. 2907.02, 2907.05 or 2907.12. As used in this section, "counseling services" includes services provided in an informal setting by a person who, by education or experience, is competent to provide such services.
   (f)   No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
   (g)   Whoever violates subsection (a) or (b) hereof is guilty of failure to report a crime. Violation of subsection (a) hereof is a misdemeanor of the fourth degree. Violation of subsection (b) hereof is a misdemeanor of the second degree.
   (h)   Whoever violates subsection (c) or (d) hereof is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
(ORC 2921.22; Ord. 485-83, Passed 5-24-83.)
525.06. Failure to aid a law enforcement officer.
   (a)   No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.
   (b)   Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
(ORC 2921.23)
525.07. Obstructing official business.
   (a)   No person, without privilege to do so and with purpose to prevent, obstruct or delay the performance by a public official of any authorized act within his official capacity, shall do any act which hampers or impedes a public official in the performance of his lawful duties.
   (b)   Whoever violates this section is guilty of obstructing official business, a misdemeanor of the second degree.
(ORC 2921.31)
525.08. Obstructing justice.
   (a)   No person, with purpose to hinder the discovery, apprehension, prosecution, conviction or punishment of another for a misdemeanor, or to assist another to benefit from the commission of a misdemeanor, shall do any of the following:
      (1)   Harbor or conceal such other person;
      (2)   Provide such other person with money, transportation, a weapon, a disguise or other means of avoiding discovery or apprehension;
      (3)   Warn such other person of impending discovery or apprehension;
      (4)   Destroy or conceal physical evidence of the misdemeanor, or induce any person to withhold testimony or information or to elude legal process summoning him to testify or supply evidence;
      (5)   Communicate false information to any person.
   (b)   Whoever violates this section is guilty of obstructing justice, a misdemeanor of the first degree.
(ORC 2921.32)
525.09. Resisting arrest.
   (a)   No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself or another.
   (b)   Whoever violates this section is guilty of resisting arrest, a misdemeanor of the second degree.
(ORC 2921.33)
525.10. Having an unlawful interest in a public contract.
   (a)   No public official shall knowingly do any of the following:
      (1)   During his term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by him or by a legislative body, commission or board of which he was a member at the time of authorization and not let by competitive bidding, or let by competitive bidding in which his is not the lowest and best bid;
      (2)   Have an interest in the profits or benefits of a public contract entered into by or for the use of the Municipality or governmental agency or instrumentality with which he is connected;
      (3)   Have an interest in the profits or benefits of a public contract which is not let by competitive bidding when required by law, and which involves more than one hundred fifty dollars ($150.00).
   (b)   In the absence of bribery or a purpose to defraud, a public servant, member of his family or any of his associates shall not be considered as having an interest in a public contract when all of the following apply:
      (1)   The interest of such person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, which is the contractor on the public contract involved, or which is the issuer of the security in which public funds are invested;
      (2)   The shares owned or controlled by such person do not exceed five percent of the outstanding shares of the corporation, and the amount due such person as creditor does not exceed five percent of the total indebtedness of the corporation or other organization;
      (3)   Such person, prior to the time the public contract is entered into, files with the Municipality or governmental agency or instrumentality involved, an affidavit giving his exact status in connection with the corporation or other organization.
   (c)   This section does not apply to a public contract in which a public servant, member of his family or one of his business associates, has an interest, when all of the following apply:
      (1)   The subject of the public contract is necessary supplies or services for the Municipality or governmental agency or instrumentality involved;
      (2)   The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the Municipality or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public servant's becoming associated with the Municipality or governmental agency or instrumentality involved;
      (3)   The treatment accorded the Municipality or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions;
      (4)   The entire transaction is conducted at arm's length, with full knowledge by the Municipality or governmental agency or instrumentality involved, of the interest of the public servant, and the public servant takes no part in the deliberations or decision of the Municipality or governmental agency or instrumentality with respect to the public contract.
   (d)   Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of this section is a misdemeanor of the first degree.
   (e)   As used in this section, "public contract" means any of the following:
      (1)   The purchase or acquisition, or a contract for the purchase or acquisition of property or services by or for the use of the State or any of its political subdivisions, or any agency or instrumentality of either.
      (2)   A contract for the design, construction, alteration, repair or maintenance of any public property.
(ORC 2921.42)
525.11. Soliciting or receiving improper compensation.
   (a)   No public servant shall knowingly do either of the following:
      (1)   Solicit or receive any compensation or fee other than as allowed by law, to perform his official duties;
      (2)   Solicit or receive greater fees or costs than are allowed by law to perform his official duties.
   (b)   No public servant for his own personal use and no person for his own personal use or for the personal use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:
      (1)   Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency;
      (2)   Preferring or maintaining the status of any public employee with respect to his compensation, duties, placement, location, promotion or other material aspects of his employment.
   (c)   No person for the benefit of a political party or a campaign committee, as defined in Ohio R.C. 3517.01 shall coerce any contribution, as defined in Ohio R.C. 3517.01, in consideration of either of the following:
      (1)   Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency;
      (2)   Preferring or maintaining the status of, any public employee with respect to his compensation, duties, placement, location, promotion or other material aspects of his employment.
   (d)   Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
   (e)   A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment or position of trust in this State for a period of seven years from the date of conviction.
   (f)   Nothing in subsections (b) or (c) hereof shall prohibit any person from voluntarily contributing to such public servant, party official, political party, campaign committee or political committee.
(ORC 2921.43)
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