(a) As used in this chapter and any other provision of these Codified Ordinances:
(1) "Another's unborn" or "other person's unborn." A member of the species Homo sapiens who is or was carried in the womb of another during a period that begins with fertilization and that continues unless and until live birth occurs.
(2) "Curfew hours" shall mean:
A. 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and
B. 12:00 midnight until 6:00 a.m. on any Friday or Saturday.
(3) "Emancipated" means a minor who is married or has been adjudged by a court of competent jurisdiction to be emancipated.
(4) "Emergency" means an unforeseen combination of circumstances, or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster or an automobile accident, and is requiring immediate action to prevent serious bodily injury or loss of life.
(5) "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
(6) "Guardian" means:
A. A person who, by court order, is the guardian of the person of a minor; or
B. A public or private agency with which a court has placed a minor.
(7) "Minor" means a person who is under eighteen years of age.
(8) "Operator" means any individual, firm, association, partnership, corporation, or other business entity operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the owners of a corporation.
(9) "Parent" means a person who is a natural parent, adoptive parent or stepparent of another person.
(10) "Public place" means any place to which the public or a substantial portion of the public access, and includes, but is not limited to, streets, highways, sidewalks, parks, driveways, playgrounds, and common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and commercial areas.
(11) "Remain" means to linger, to stay, to tarry, or to fail to leave a premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(12) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(13) "Unlawful termination of another's pregnancy." Causing the death of an unborn member of the species Homo sapiens who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.
(Ord. 09-2004. Passed 4-15-04; Ord. 19-2012. Passed 9-20-12.)
(b) Notwithstanding division (a) of this section, in no case shall the definitions of the terms "another's unborn," "other person's unborn" and "unlawful termination of another's pregnancy" that are set forth in division (a) of this section be applied or construed in any of the following manners:
(1) Except as otherwise provided in division (b)(1) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as any violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or a substantially equivalent municipal ordinance, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate Ohio R.C. 2919.12, 2919.13(B), 2919.151, 2919.17 or 2919.18, or a substantially equivalent municipal ordinance, may be punished as a violation of such section, as applicable.
(2) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
A. Her delivery of a stillborn baby.
B. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.
C. Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.
D. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.
E. Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
(ORC 2903.09)