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Any person who is able but unwilling to pay any fine imposed in whole or in part in punishment of a violation of any ordinance of the City may be committed to the jail of Huron County or of the City until the fine is paid or secured to be paid. Persons so imprisoned shall receive credit upon the fine at the rate of ten dollars ($10.00), such persons shall be imprisoned one day.
The judge or magistrate shall make the determination of ability to pay based upon the guidelines laid down by the Supreme Court of the United States in the case of Tate vs. Short, 91 S. Ct. 668 (Mar. 2, 1971).
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Federal law enforcement officer." An employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
(2) "Impersonate." To act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
(3) "Investigator of the Bureau of Criminal Identification and Investigation." Has the same meaning as in Ohio R.C. 2903.11.
(4) “Peace officer.” A sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this State: a member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D); a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y); a State university law enforcement officer appointed under Ohio R.C. 3345.04; a veterans’ home police officer appointed under Ohio R.C. 5907.02; a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28; an officer, agent or employee of the state or any of its agencies, instrumentalities or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a State highway patrol trooper and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the State or any of its political subdivisions.
(5) "Private police officer." Any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.
(b) No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer.
(c) No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer, shall arrest or detain any person, search any person, or search the property of any person.
(d) No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or the State, or investigator of the Bureau of Criminal Identification and Investigation.
(e) No person shall commit a felony while impersonating a peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation.
(f) It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation was for a lawful purpose.
(g) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (d) of this section is to commit or facilitate the commission of a felony, a violation of division (d) is a felony to be prosecuted under appropriate State law. Whoever violates division (e) of this section is guilty of a felony to be prosecuted under appropriate State law.
(ORC 2921.51)
(a) No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
(b) Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.
(ORC 2913.441)
The Police Division of the City shall exercise police power over all lands owned by the City and located outside of the corporate limits of the City. The police shall have the authority to arrest any person violating any of the ordinances of the City or laws of the State as if such property were located within the Municipal corporate limits.
(Ord. 3003. Passed 6-20-88.)
The following fees shall be paid to the City for the use of its jail:
(a) Forty dollars and eighty cents ($40.80) per day for the housing of prisoners in the jail.
(b) A turn-key fee of four dollars ($4.00) for the admission of a prisoner, and four dollars ($4.00) for the discharge of a prisoner.
(Ord. 4455. Passed 9-5-95.)
(a) For the purpose of this section, the following definitions shall apply:
(1) "Lawfully issued." Adopted, issued, or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.
(2) "Political subdivisions." Municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
(3) "Sham legal process." An instrument that meets all of the following conditions:
A. It is not lawfully issued.
B. It purports to do any of the following:
1. To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
2. To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
3. To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
C. It is designed to make another person believe that it is lawfully issued.
(4) "State." A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. "State" does not include the political subdivisions of the state.
(b) No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
(1) Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.
(2) Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
(3) Knowingly commit or facilitate the commission of an offense using sham legal process.
(4) Knowingly commit a felony by using sham legal process.
(c) It is an affirmative defense to a charge under division (b)(1) or (2) of this section that the use of sham legal process was for a lawful purpose.
(d) Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate State law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2921.52(A) - (D))
(a) No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
(1) The person is committing, has committed, or is about to commit a criminal offense.
(2) The person witnessed any of the following:
A. An offense of violence that would constitute a felony under the laws of this State;
B. A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or property;
C. Any attempt or conspiracy to commit, or complicity in committing, any offenses identified in division (a)(2)A. or (a)(2)B. of this section;
D. Any conduct reasonably indicating that any offense identified in division (a)(2)A. or (a)(2)B. of this section or any attempt, conspiracy, or complicity described in division (a)(2)C. of this section has been, is being, or is about to be committed.
(b) Whoever violates division (a) of this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.
(c) Nothing in division (a) of this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in division (a) of this section authorizes a law enforcement officer to arrest a person for not providing any information beyond the person’s name, address, or date of birth or for refusing to describe the offense observed.
(d) It is not a violation of division (a) of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.
(ORC 2921.29)
(e) No person entering an airport, train station, port, or other similar critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer when there is a threat to security and the law enforcement officer is requiring identification of all persons entering the site.
(f) A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (e) of this section from entering the critical transportation infrastructure site.
(ORC 2909.31)
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