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Woodlawn, OH Code of Ordinances
VILLAGE OF WOODLAWN, OHIO CODE OF ORDINANCES
OFFICIALS
ADOPTING ORDINANCE
CHARTER FOR VILLAGE OF WOODLAWN, OHIO
PART TWO: ADMINISTRATION CODE
PART FOUR: TRAFFIC CODE
PART SIX: GENERAL OFFENSES CODE
CHAPTER 606: GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT
§ 606.01 DEFINITIONS.
§ 606.02 CULPABLE MENTAL STATES.
§ 606.03 CLASSIFICATION OF OFFENSES.
§ 606.04 OFFENSES DEFINED.
§ 606.05 RULES OF CONSTRUCTION.
§ 606.055 CRIMINAL LAW JURISDICTION.
§ 606.06 LIMITATION ON CRIMINAL PROSECUTIONS.
§ 606.07 REQUIREMENTS FOR CRIMINAL LIABILITY; VOLUNTARY INTOXICATION.
§ 606.08 ORGANIZATIONAL CRIMINAL LIABILITY.
§ 606.09 PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.
§ 606.10 FALSIFICATION.
§ 606.105 FALSE REPORT OF CHILD ABUSE OR NEGLECT.
§ 606.11 COMPOUNDING A CRIME.
§ 606.12 FAILURE TO REPORT A CRIME OR DEATH.
§ 606.13 FAILURE TO AID A LAW ENFORCEMENT OFFICER.
§ 606.14 OBSTRUCTING OFFICIAL BUSINESS.
§ 606.15 OBSTRUCTING JUSTICE.
§ 606.16 RESISTING ARREST.
§ 606.165 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
§ 606.17 HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.
§ 606.18 SOLICITING OR RECEIVING IMPROPER COMPENSATION.
§ 606.19 DERELICTION OF DUTY.
§ 606.20 INTERFERING WITH CIVIL RIGHTS.
§ 606.21 ATTEMPTS.
§ 606.22 COMPLICITY.
§ 606.23 DETENTION OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
§ 606.24 DISPOSITION OF UNCLAIMED OR FORFEITED PROPERTY HELD BY POLICE DIVISION.
§ 606.25 IMPERSONATING AN OFFICER.
§ 606.26 DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
§ 606.27 MISREPRESENTING PRIVATE PUBLICATIONS AS OFFICIAL; SOLICITING ADVERTISING.
§ 606.28 USING SHAM LEGAL PROCESS.
§ 606.29 FAILURE TO DISCLOSE PERSONAL INFORMATION.
§ 606.30 MISUSE OF 9-1-1 SYSTEM.
§ 606.31 SELF DEFENSE: LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.
CHAPTER 612: ALCOHOLIC BEVERAGES
CHAPTER 618: ANIMALS
CHAPTER 624: DRUGS
CHAPTER 630: GAMBLING
CHAPTER 636: OFFENSES RELATING TO PERSONS
CHAPTER 642: OFFENSES RELATING TO PROPERTY
CHAPTER 648: PEACE DISTURBANCES
CHAPTER 654: RAILROADS
CHAPTER 660: SAFETY, SANITATION AND HEALTH
CHAPTER 666: SEX RELATED OFFENSES
CHAPTER 668: TREES, WEEDS AND GRASS
CHAPTER 672: WEAPONS AND EXPLOSIVES
CHAPTER 698: PENALTIES AND SENTENCING
PART EIGHT: BUSINESS REGULATION AND TAXATION CODE
PART TEN: UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE: PLANNING AND ZONING CODE
PART FOURTEEN: BUILDING AND HOUSING CODE
PART SIXTEEN: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
COMPARATIVE TABLES
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§ 606.21 ATTEMPTS.
   (a)   No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.
   (b)   It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
   (c)   No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense, shall be convicted of an attempt to commit the same offense in violation of this section.
   (d)   It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
   (e)   Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate State law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of Ohio R.C. Chapter 3734, other than Ohio R.C. 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate State law. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
   (f)   As used in this section:
      (1)   DRUG ABUSE OFFENSE has the same meaning as in Ohio R.C. 2925.01.
      (2)   MOTOR VEHICLE has the same meaning as in Ohio R.C. 4501.01.
(ORC 2923.02)
§ 606.22 COMPLICITY.
   (a)   No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:
      (1)   Solicit or procure another to commit the offense;
      (2)   Aid or abet another in committing the offense;
      (3)   Conspire with another to commit the offense in violation of Ohio R.C. 2923.01;
      (4)   Cause an innocent or irresponsible person to commit the offense.
   (b)   It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.
   (c)   No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Ohio R.C. 2923.02 or a substantially equivalent municipal ordinance.
   (d)   If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court shall charge the jury in accordance with Ohio R.C. 2923.03(D).
   (e)   It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
   (f)   Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(ORC 2923.03)
§ 606.23 DETENTION OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
   (a)   For the purpose of this section, the following definitions shall apply.
      (1)   ARCHIVAL INSTITUTION. Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
      (2)   AUDIOVISUAL RECORDING FUNCTION AND FACILITY. The same meaning as in Ohio R.C. 2913.07.
      (3)   MUSEUM. Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
      (4)   PRETRIAL DIVERSION PROGRAM. Means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
   (b)   A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
   (c)   Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:
      (1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
      (2)   With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
   (d)   An officer, agent, or employee of a library, museum, or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
      (1)   To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
      (2)   To cause an arrest to be made by a peace officer;
      (3)   To obtain a warrant of arrest;
      (4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
   (e)   The owner or lessee of a facility in which a motion picture is being shown, or the owner’s or lessee’s employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of Ohio R.C. 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
   (f)   The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.
   (g)   Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (c)(1) or (2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by Ohio R.C. 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(ORC 2935.041)
§ 606.24 DISPOSITION OF UNCLAIMED OR FORFEITED PROPERTY HELD BY POLICE DIVISION.
   (a)   Safekeeping of property in custody.
      (1)   A.   Any property that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited and that is in the custody of the Police Department shall be kept safely by the Police Department, pending the time it no longer is needed as evidence or for another lawful purpose, and shall be disposed of pursuant to this section or R.C. §§ 2981.12 and 2981.13.
         B.   This section does not apply to the custody and disposal of any of the following:
            1.   Vehicles subject to forfeiture under R.C. Title 45, except as provided in division (b)(1)F. of this section;
            2.   Abandoned junk motor vehicles or other property of negligible value;
            3.   Property held by a department of rehabilitation and correction institution that is unclaimed, that does not have an identified owner, that the owner agrees to dispose of or that is identified by the Department as having little value;
            4.   Animals taken, and devices used in unlawfully taking animals, under R.C. § 1531.20;
            5.   Controlled substances sold by a peace officer in the performance of the officer’s official duties under R.C. § 3719.141;
            6.   Property recovered by a township law enforcement agency under R.C. §§ 505.105 to 505.109;
            7.   Property held and disposed of under an ordinance of the municipality or under R.C. §§ 737.29 to 737.33, except that if the municipality has received notice of a citizens’ reward program as provided in division (b)(5) of this section and disposes of property under an ordinance shall pay 25% of any moneys acquired from any sale or auction to the citizens’ reward program.
      (2)   A.   The Police Department shall adopt and comply with a written internal control policy that does all of the following:
            1.   Provides for keeping detailed records as to the amount of property acquired by the Police Department and the date property was acquired;
            2.   Provides for keeping detailed records of the disposition of the property, which shall include but not be limited to both of the following:
               a.   The manner in which it was disposed, the date of disposition, detailed financial records concerning any property sold and the name of any person who received the property. The record shall not identify or enable identification of the individual officer who seized any item of property.
               b.   An itemized list of the specific expenditures made with amounts that are gained from the sale of the property and that are retained by the agency, including the specific amount expended on each expenditure, except that the policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.
            3.   Complies with R.C. § 2981.13 if the Police Department has a law enforcement trust fund or similar fund created under that section.
         B.   The records kept under the internal control policy shall be open to public inspection during the Police Department’s regular business hours. The policy adopted under this section is a public record open for inspection under R.C. § 149.43.
      (3)   The Police Department, with custody of property to be disposed of under this section or R.C. § 2981.12 or 2981.13, shall make a reasonable effort to locate persons entitled to possession of the property, to notify them of when and where it may be claimed, and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the county and to briefly describe the nature of the property in custody and inviting persons to view and establish their right to it.
      (4)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         A.   CITIZENS’ REWARD PROGRAM. Has the same meaning as in R.C. § 9.92.
         B.   LAW ENFORCEMENT AGENCY. Includes correctional institutions.
         C.   TOWNSHIP LAW ENFORCEMENT AGENCY. An organized police department of a township, a township police district, a joint police district, or the office of a township constable.
(R.C. § 2981.11)
   (b)   Disposition of unclaimed or forfeited property.
      (1)   Unclaimed or forfeited property in the custody of the Police Department, other than property described in division (a)(1)B. of this section, shall be disposed of by order of any court of record that has territorial jurisdiction over the municipality, as follows:
         A.   Drugs shall be disposed of pursuant to R.C. § 3719.11 or placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
         B.   Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use or as museum pieces or collectors’ items may be sold at public auction pursuant to division (b)(2) of this section. The Police Department may sell other firearms and dangerous ordnance to a federally licensed firearms dealer in a manner that the court considers proper. The Police Department shall destroy any firearms or dangerous ordnance not given to a law enforcement agency or sold or shall send them to the Bureau of Criminal Identification and Investigation for destruction by the Bureau.
         C.   Obscene materials shall be destroyed.
         D.   Beer, intoxicating liquor, or alcohol seized from a person who does not hold a permit issued under R.C. Chapters 4301 and 4303 or otherwise forfeited to the state for an offense under R.C. § 4301.45 or 4301.53 shall be sold by the Division of Liquor Control if the Division determines that it is fit for sale or shall be placed in the custody of the Investigations Unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Ohio Department of Public Safety, with the assistance of the Division of Liquor Control, shall adopt rules in accordance with R.C. Chapter 119 to provide for the distribution to state or local law enforcement agencies upon their request. If any tax imposed under R.C. Title 43 has not been paid in relation to the beer, intoxicating liquor, or alcohol, any moneys acquired from the sale shall first be used to pay the tax. All other money collected under this division (b)(1)D. shall be paid into the State Treasury. Any beer, intoxicating liquor, or alcohol that the Division determines to be unfit for sale shall be destroyed.
         E.   Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates’ industrial and entertainment fund of the institution if the sender is not known.
         F.   1.   Any mobile instrumentality forfeited under R.C. Chapter 2981 may be given to the law enforcement agency that initially seized the mobile instrumentality for use in performing its duties, if the agency wants the mobile instrumentality. The agency shall take the mobile instrumentality subject to any security interest or lien on the mobile instrumentality.
            2.   Vehicles and vehicle parts forfeited under R.C. §§ 4549.61 to 4549.63 may be given to a law enforcement agency for use in performing its duties. Those parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives of them may be sold or disposed of as provided by rules of the Director of Public Safety. Parts from which a vehicle identification number or derivative of it has been removed, defaced, covered, altered or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
         G.   Computers, computer networks, computer systems and computer software suitable for police work may be given to a law enforcement agency for that purpose or disposed of under division (b)(2) of this section.
         H.   Money seized in connection with a violation of R.C. § 2905.32, 2907.21, or 2907.22 shall be deposited in the Victims of Human Trafficking Fund created by R.C. § 5101.87.
      (2)   Unclaimed or forfeited property that is not described in division (b)(1) of this section or division (a)(1)B. of this section, with court approval, may be used by the law enforcement agency in possession of it. If it is not used by the agency, it may be sold without appraisal at a public auction to the highest bidder for cash or disposed of in another manner that the court considers proper.
      (3)   Except as provided in divisions (b)(1) and (b)(5) of this section and after compliance with division (b)(4) of this section when applicable, any moneys acquired from the sale of property disposed of pursuant to this section shall be placed in the General Revenue Fund of the state, or the General Fund of the municipality.
      (4)   If the property was in the possession of the Police Department in relation to a delinquent child proceeding in a juvenile court, 10% of any moneys acquired from the sale of property disposed of under this section shall be applied to one or more community addiction services provider, as defined in R.C. § 5119.01. A juvenile court shall not specify a services provider, except as provided in this division, unless the services provider is in the same county as the court or in a contiguous county. If no services provider is located in any of those counties, the juvenile court may specify a services provider anywhere in Ohio. The remaining 90% of the proceeds or cash shall be applied as provided in division (b)(3) of this section.
      (5)   A.   If the Board of County Commissioners recognizes a citizens’ reward program under R.C. § 9.92, the Board shall notify the Police Department of the recognition by filing a copy of its resolution conferring that recognition with the Police Department. When the Board recognizes a citizens’ reward program and the county includes a part, but not all, of the territory of the municipality, the Board shall so notify the Police Department of the recognition of the citizens’ reward program only if the county contains the highest percentage of the municipality’s population.
         B.   Upon being so notified, the Police Department shall pay 25% of any forfeited proceeds or cash derived from each sale of property disposed of pursuant to this section to the citizens’ reward program for use exclusively to pay rewards. No part of the funds may be used to pay expenses associated with the program. If a citizens’ reward program that operates in more than one county or in another state in addition to this state receives funds under this section, the funds shall be used to pay rewards only for tips and information to law enforcement agencies concerning offenses committed in the county from which the funds were received.
      (6)   Any property forfeited under R.C. Chapter 2981 not be used to pay any fine imposed upon a person who is convicted of or pleads guilty to an underlying criminal offense or a different offense arising out of the same facts and circumstances.
      (7)   Any moneys acquired from the sale of personal effects, tools, or other property seized because the personal effects, tools, or other property were used in the commission of a violation of R.C. § 2905.32, 2907.21, or 2907.22 or derived from the proceeds of the commission of a violation of R.C. § 2905.32, 2907.21, or 2907.22 and disposed of pursuant to this division (b) shall be placed in the Victims of Human Trafficking Fund created by R.C. § 5101.87.
(R.C. § 2981.12)
   (c)   Disposition of contraband, proceeds, or instrumentalities. Except as otherwise provided in R.C. § 2981.13, property ordered forfeited as contraband, proceeds, or an instrumentality pursuant to R.C. Chapter 2981 shall be disposed of, used or sold pursuant to division (b) of this section or R.C. § 2981.12. If the property is to be sold under division (b) of this section or R.C. § 2981.12, the prosecutor shall cause notice of the proposed sale to be given in accordance with law.
(R.C. § 2981.13(A))
Statutory reference:
   Forfeiture of property generally, see R.C. Chapter 2981
§ 606.25 IMPERSONATING AN OFFICER.
   (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 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 R.C. § 3735.31(D); a member of a police force employed by a regional transit authority under R.C. § 306.35(Y); a state university law enforcement officer appointed under R.C. § 3345.04; a veterans’ home police officer appointed under R.C. § 5907.02; a special police officer employed by a port authority under 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 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)
§ 606.26 DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
   (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)
§ 606.27 MISREPRESENTING PRIVATE PUBLICATIONS AS OFFICIAL; SOLICITING ADVERTISING.
   (a)   No person shall designate any privately published pamphlet, manual or other publication as an official publication of the Village or any department, subdepartment or officer thereof, or, by display of the seal of the Village or otherwise, make any private publication appear to have official authorization of the Village or any department, subdepartment or officer thereof. No person shall solicit an advertisement or contribution for any such unlawful publication.
(Ord. 2540, passed 9-12-1945)
   (b)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
§ 606.28 USING SHAM LEGAL PROCESS.
   (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; and/or
      (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))
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