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(a) No person, being the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of such child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this section when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of such child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(b) No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age.
(c) A person's operation of a vehicle within this City and in violation of subsections (a) or (d) of Section 333.01 of the Traffic Code (relating to "Driving or physical control while under the influence"), or in violation of division (A) of Section 4511.19 of the Ohio Revised Code, when one or more children under eighteen years of age are in the vehicle, shall be deemed a violation of a duty of care, protection or support under this section, creating a substantial risk to the health or safety of such child, thus constituting a violation of this section. For purposes of this subsection, "vehicle" has the same meanings as in Section 301.67 of the Traffic Code.
(d) Whoever violates this section is guilty of endangering children, a misdemeanor of the first degree, if the violation of this section does not result in serious physical harm to the child involved, or if the offender has not previously been convicted of or pleaded guilty to an offense under this section, Ohio RC 2912.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child.
(ORC 2919.22; Ord. 519-11. Passed 11-15-11.)