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(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.)
(a) No person under eighteen years of age shall purchase, possess and/or consume in any manner or form cigarettes or any tobacco product.
(b) Subsection (a) hereof is not an offense if the person under eighteen years of age was in possession of an unopened container of the cigarette or other tobacco product while performing their specified duties at a lawful place of employment.
(c) No parent, legal guardian or caretaker shall permit, allow, condone or facilitate a child under eighteen years of age to purchase, possess and/or consume in any manner or form cigarettes or any tobacco products.
(d) Whoever violates subsections (a) or (c) hereof is guilty of a minor misdemeanor.
(1) A first time offender of subsections (a) or (c) hereof may be required to take four hours of educational awareness classes on the hazards of tobacco uses, in lieu of a fine.
(2) A second time offender of subsections (a) or (c) hereof may be required to take eight hours of educational awareness classes on the hazards of tobacco use, in lieu of a fine.
(3) A third time offender of subsections (a) or (c) hereof shall be guilty of a misdemeanor of the fourth degree.
(Ord. 456-91. Passed 5-28-91.)
(a) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(b) Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section involving the same person who is the victim of the current offense, menacing by stalking is a felony of the fourth degree.
(c) As used in this section:
(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents.
(2) "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
(O.R.C. 2903.211; Ord. 406-94. Passed 7-26-94.))
(a) Except when the complaint involves a person who is a family member or household member as defined in Section 537.19 of the Toledo Municipal Code, upon the filing of a complaint that alleges a violation of Section 537.05, 537.06, 537.25, or 541.15 of the Toledo Municipal Code, the complainant may file a motion that requests the issuance of an anti-stalking protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Criminal Rule 46. The motion shall be filed with the Clerk of Court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant may file a motion for a temporary protection order pursuant to Section 537.19 of the Toledo Municipal Code.
(b) A motion for an anti-stalking protection order shall be prepared on a form that is provided by the Clerk of Court, which form shall be substantially as follows:
Case Number:_____________
"Motion for Anti-Stalking Protection Order
_________________ Court
Name and address of court
State of Ohio/City of Toledo
v.
__________________________________
Name of Defendant
(Name of person), the complainant in the above-captioned case, moves the court to issue an anti-stalking protection order containing terms designed to ensure the safety and protection of the complainant in relation to the named defendant, pursuant to its authority to issue such an order under Section 537.26 of the Toledo Municipal Code.
I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any anti-stalking protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint.
____________________________
Signature of complainant
____________________________
Address of complainant"
(c) As soon as possible after the filing of a motion that requests the issuance of an anti- stalking protection order, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The complainant shall appear before the court and provide the court with information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender, the court may issue an anti-stalking protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant.
(d) (1) Except when the complaint involves a person who is a family or household member as defined in Section 537.19 of the Toledo Municipal Code, upon the filing of a complaint that alleges a violation of Section 537.05, 537.06, 537.25, or 541.15 of the Toledo Municipal Code, the court, upon its own motion, may issue an anti-stalking protection order as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender.
(2) If the court issues an anti-stalking protection order under this section as a ex parte order, it shall conduct, as soon as possible after the issuance of the order but not later than the next day the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (c) of this section.
(e) An anti-stalking protection order that is issued as a pretrial condition of release under this section:
(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;
(2) Is effective only until the disposition of the criminal proceeding arising out of the complaint upon which it is based;
(3) Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
(f) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting an anti-stalking protection order.
(g) (1) A copy of any anti-stalking protection order that is issued under this section shall be issued by the court to the complainant, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered.
(2) All law enforcement agencies shall establish and maintain an index for the anti- stalking protection orders delivered to the agencies pursuant to division (g)(1) of this section. With respect to each order delivered, each agency shall note on the index, the date and time of the receipt of the order by the agency.
(3) Any officer of a law enforcement agency shall enforce an anti-stalking protection order in accordance with the provisions of the order.
(h) Upon a violation of an anti-stalking protection order, the court may issue another anti-stalking protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.
(i) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section. (O.R.C. 2903.213; Ord. 405-94. Passed 7-26-94.)
(a) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to Sections 2919.26 or 3113.31 of the Ohio Revised Code, or 537.20 of the Toledo Municipal Code;
(2) A protection order issued pursuant to Sections 2903.213 or 2903.214 of the Ohio Revised Code, or 537.26 of the Toledo Municipal Code;
(3) A protection order issued by a court of another state.
(b) Whoever violates this Section is guilty of violating a protection order. Except as otherwise provided in Sections 2919.27(B)(1)(b) or 2919.27(B)(2)(b) of the Ohio Revised Code, violating a protection order is a misdemeanor of the first degree.
(c) It is an affirmative defense to a charge under division (a)(3) of this Section that the protection order issued by a court of another state does not comply with the requirements specified in 18 USC 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 USC 2265(c).
(d) As used in this Section, “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 by an independent action or as a pendente lite order in a proceeding or other relief, if the court issued it in response to a complaint, petition, or motion file 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.
(ORC 2919.27; Ord. 622-00. Passed 6-20-00.)
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