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(a) No keeper, manager or person having the control or direction of any dance house, concert room or theater, transient museum, skating rink, tent or place within the limits of the City, shall permit any child to play at any game of chance or skill in any such place or in any place adjacent thereto, or to be or remain therein, unless accompanied by his parent, guardian or teacher, or other adult member of the family.
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
(1952 Code § 17-9-116; Ord. 919-73)
(a) No person, except as authorized by law, shall treat a human corpse in a way that he knows would outrage reasonable family sensibilities.
(b) Whoever violates this section is guilty of abuse of a corpse, a misdemeanor of the second degree.
(1952 Code § 17-14-101; Ord. 919-73)
(a) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(b) No person shall recklessly cause serious physical harm to a family or household member.
(c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
(d) Whoever violates this section is guilty of domestic violence. A violation of subsection (c) hereof is a misdemeanor of the fourth degree. A violation of subsections (a) or (b) hereof is a misdemeanor of the first degree.
(e) As used in this section and Ohio R.C. 2919.25, 2919.251 and 2919.26:
(1) "Family or household member" means any of the following:
A. Any of the following who is residing or has resided with the offender:
1. A spouse, a person living as a spouse, or a former spouse of the offender;
2. A parent or a child of the offender, or another person related by consanguinity or affinity to the offender;
3. A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
B. The natural parent of any child of whom the offender is the natural parent or is the putative other natural parent.
(2) "Person living as a spouse" means a person who is living or has lived with the offender in a common-law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
(f) The same relief available under the Ohio R.C. 2919.26, "motion for temporary protection order," for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for a filing of a complaint for violation of this section.
(Ord. 716-97. Passed 12-9-97.)
(a) If the court issues a temporary protection order under Ohio R.C. 2919.26 that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant or the family or household member, the following shall apply:
(1) The order shall state clearly that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant or family or household member to enter the residence, school, business or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant or family or household member.
(2) Subsection (a)(1) of this section does not limit any discretion of the court to determine that the alleged offender charged with a violation of Ohio R.C. 2919.27, with a violation of Toledo Municipal Code 537.20, or with contempt of court, which charge is based on an alleged violation of a temporary protection order issued under Ohio R.C. 2919.26, did not commit the violation or was not in contempt of court.
(b) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31 or Toledo Municipal Code 537.19;
(2) A protection order issued by a court of another state.
(c) No person shall recklessly enter or remain on the land or premises which is the subject of a temporary protection order, issued pursuant to Ohio R.C. 2919.26 or 3113.13 or Toledo Municipal Code 537.19 when such temporary protection order excludes the person from said land or premises.
(d) No person being on the land or the premises subject to a temporary protection order issued pursuant to Ohio R.C. 2919.26 or 3113.31 or Toledo Municipal Code 537.19, shall negligently fail or refuse to leave such premises upon being notified that the protection order excludes such person from land or premises.
(e) Whoever violates this section is guilty of violation of a temporary protection order, a misdemeanor of the first degree.
(f) It is an affirmative defense to a charge under subsection (b)(2) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 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 U.S.C. 2265(c).
(g) The following applies relative to subsection (b)(2) hereof, which prohibits violation of a "Protection order issued by a court of another state":
(1) A person who has obtained a protection order issued by a court of another state may provide notice of the issuance of the order to judicial and law enforcement officials in this Municipality, or as otherwise provided in Ohio R.C. 2919.272(B), by registering the order in this Municipality and filing a copy of the registered order with a law enforcement agency in this Municipality. To register the order, the person shall obtain a certified copy of the order from the Clerk of the court that issued the order and present that certified copy to the Clerk of Toledo Municipal Court, or as otherwise provided in Ohio R.C. 2919.272(B). Upon accepting the certified copy of the order for registration, the Clerk shall place an endorsement of registration on the order and give the person a copy of the order that bears proof of registration. The person then may file with a law enforcement agency in this Municipality, or as otherwise provided in Ohio R.C. 2919.272(B), a copy of the order that bears proof of registration.
(2) The Clerk of Toledo Municipal Court shall maintain a registry of certified copies of protection orders issued by courts of another state that have been registered with the Clerk. Each law enforcement agency within this Municipality shall establish and maintain a registry for protection orders delivered to the agency pursuant to this section. The agency shall note in the registry the date and time that the agency received an order.
(3) An officer of a law enforcement agency within this Municipality shall enforce a protection order issued by a court of another state in accordance with the provisions of the order, including removing the person allegedly violating the order from the premises, regardless of whether the order is registered as authorized by subsection (g)(1) hereof in this Municipality, or as otherwise provided under Ohio R.C. 2919.272(B).
(h) As used in this section:
(1) "Land or premises" includes any land, real property, building structure, home or apartment, and any separate enclosure or room, or portion thereof;
(2) "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 in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition, or motion filed 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.
(Ord. 716-97. Passed 12-9-97.)
(a) As used in this section, "hazing" means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.
(b) (1) No person shall recklessly participate in the hazing of another.
(2) No administrator, employee or faculty member of any primary, secondary, or post-secondary school, or of any other educational institution, public or private, shall recklessly permit the hazing of any person.
(c) Whoever violates this section is guilty of hazing, a misdemeanor of the fourth degree.
(ORC 2903.31; Ord. 485-83. Passed 5-24-83.)
(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle, as defined in Section 4501.01 of the Revised Code, whether or not the offender knows the age of the child, if both of the following apply:
(1) The actor does not have the express or implied permission of the parent, guardian or other legal custodian of the child in undertaking the activity.
(2) The actor is not a law enforcement officer, medic, firefighter or other person who regularly provides emergency services and is not an employee or agent of, or a volunteer acting under the direction of any Board of Education, or the actor is any of such persons, but, at the time the actor undertakes the activity, he is not acting within the scope of his lawful duties in that capacity.
(b) It is an affirmative defense to a charge under subsection (a) hereof that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.
(c) Whoever violates this section is guilty of criminal child enticement, a misdemeanor of the first degree.
(Ord. 247-03. Passed 4-1-03.)
(a) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, or any agent, employee or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes or other tobacco products to any person under eighteen years of age;
(2) Give, sell or distribute cigarettes or other tobacco products in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes or other tobacco products to a person under eighteen years of age is prohibited by law.
(3) Give, sell or distribute cigarettes or other tobacco products to any person without first verifying, via a photo identification (for example, driver's license) that the person is eighteen years old or older.
(b) No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:
(1) An area either:
A. Within a factory, business, office or other place not open to the general public; or
B. To which persons under the age of eighteen years are not generally permitted access.
(2) In any other place not identified in subsection (b)(1) hereof, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway or outer waiting area, shall not be considered located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of such person.
B. The vending machine is inaccessible to the public when the place is closed.
(c) As used in this section, "vending machine" means any mechanical or electronic device designed to do both of the following:
(1) Receive a coin or bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill or token, automatically dispenses cigarettes or other tobacco products.
(d) Whoever violates this section is guilty of illegal distribution of cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of this section or Ohio R.C. 2927.02, then illegal distribution of cigarettes or other tobacco 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 or Ohio R.C. 2927.02, 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 or Ohio R.C. 2927.02, then the court shall impose a fine of not less than one hundred dollars ($100.00).
(Ord. 66-92. Passed 1-28-92.)
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