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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
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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§ 612.07 OPEN CONTAINER PROHIBITED.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   CHAUFFEURED LIMOUSINE. A vehicle registered under R.C. § 4503.24.
      (2)   STREET, HIGHWAY, and MOTOR VEHICLE. Have the same meanings as in R.C. § 4511.01.
   (b)   No person shall have in the person’s possession an opened container of beer or intoxicating liquor in any of the following circumstances:
      (1)   Except as provided in division (c)(1)E. of this section, in a State liquor store;
      (2)   Except as provided in division (c) or (j) of this section, on the premises of the holder of any permit issued by the Division of Liquor Control;
      (3)   In any other public place;
      (4)   Except as provided in division (d) or (e) of this section while operating or being a passenger in or on a motor vehicle on any street, highway or other public or private property open to the public for purposes of vehicular travel or parking;
      (5)   Except as provided in division (d) or (e) of this section while being in or on a stationary motor vehicle on any street, highway or other public or private property open to the public for purposes of vehicular travel or parking.
   (c)   (1)   A person may have in the person’s possession an opened container of any of the following:
         A.   Beer or intoxicating liquor that has been lawfully purchased for consumption on the premises where bought from the holder of an A-1-A, A-2, A-2f, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, D-9, E, F, F-2, F-5, F-7 or F-8 permit;
         B.   Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit, wine served as a tasting sample by an A-2, A-2f, S-1, or S-2 permit holder for consumption on the premises of a farmers market for which an F-10 permit has been issued, or wine served for consumption on the premises by the holder of an F-4 or F-6 permit;
         C.   Beer or intoxicating liquor consumed on the premises of a convention facility as provided in R.C. § 4303.201;
         D.   Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission;
         E.   Spiritous liquor to be consumed for purposes of a tasting sample, as defined in R.C. § 4301.171.
      (2)   A person may have in the person’s possession on an F liquor permit premises an opened container of beer or intoxicating liquor that was not purchased from the holder of the F permit if the premises for which the F permit is issued is a music festival and the holder of the F permit grants permission for that possession on the premises during the period for which the F permit is issued. As used in this division (c)(2), MUSIC FESTIVAL means a series of outdoor live musical performances extending for a period of at least three consecutive days and located on an area of land of at least 40 acres.
      (3)   A.   A person may have in the person’s possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued.
         B.   As used in division (c)(3)A. of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
            1.   ORCHESTRAL PERFORMANCE. A concert comprised of a group of not fewer than 40 musicians playing various musical instruments.
            2.   OUTDOOR PERFORMING ARTS CENTER. An outdoor performing arts center that is located on not less than 150 acres of land and that is open for performances from the first day of April to the last day of October of each year.
      (4)   A person may have in the person’s possession an opened or unopened container of beer or intoxicating liquor at an outdoor location at which the person is attending an orchestral performance as defined in division (c)(3)B. of this section if the person with supervision and control over the performance grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of that outdoor location.
      (5)   A.   A person may have in the person’s possession on an F-9 liquor permit premises an opened or unopened container of beer or intoxicating liquor that was not purchased from the holder of the F-9 permit if the person is attending either of the following:
            1.   An orchestral performance and the F-9 permit holder grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of the premises during the period for which the F-9 permit is issued;
            2.   An outdoor performing arts event or orchestral performance that is free of charge and the F-9 permit holder annually hosts not less than 25 other events or performances that are free of charge on the permit premises.
         B.   As used in division (c)(5) of this section, ORCHESTRAL PERFORMANCE has the same meaning as in division (c)(3)B. of this section.
      (6)   A.   A person may have in the person’s possession on the property of an outdoor motorsports facility an opened or unopened container of beer or intoxicating liquor that was not purchased from the owner of the facility if both of the following apply:
            1.   The person is attending a racing event at the facility; and
            2.   The owner of the facility grants permission for the possession and consumption of beer or intoxicating liquor on the property of the facility.
         B.   As used in division (c)(6)A. of this section:
            1.   OUTDOOR MOTORSPORTS FACILITY. An outdoor racetrack to which all of the following apply:
               a.   It is 2.4 miles or more in length.
               b.   It is located on 200 acres or more of land.
               c.   The primary business of the owner of the facility is the hosting and promoting of racing events.
               d.   The holder of a D-1, D-2, or D-3 permit is located on the property of the facility.
            2.   RACING EVENT. A motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.
      (7)   A.   A person may have in the person’s possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under R.C. § 4301.82 if the opened container of beer or intoxicating liquor was purchased from an A-1, A-1-A, A-1c, A-2, A-2f, D class, or F class permit holder to which both of the following apply:
            1.   The permit holder’s premises is located within the outdoor refreshment area.
            2.   The permit held by the permit holder has an outdoor refreshment area designation.
         B.   Division (c)(7) of this section does not authorize a person to do either of the following:
            1.   Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere;
            2.   Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area, unless the possession is otherwise authorized under division (d) or (e) of this section.
         C.   As used in division (c)(7) of this section, “D class permit holder” does not include a D-6 or D-8 permit holder.
      (8)   A.   A person may have in the person’s possession on the property of a market, within a defined F-8 permit premises, an opened container of beer or intoxicating liquor that was purchased from a D permit premises that is located immediately adjacent to the market if both of the following apply:
            1.   The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises;
            2.   The market is hosting an event pursuant to an F-8 permit and the market has notified the division of liquor control about the event in accordance with R.C. § 4303.208(A)(3).
         B.   As used in division (c)(8) of this section, “market” means a market, for which an F-8 permit is held, that has been in operation since 1860.
   (d)   This section does not apply to a person who pays all or a portion of the fee imposed for use of a chauffeured limousine pursuant to a prearranged contract or the guest of the person, when all of the following apply:
      (1)   The person or guest is a passenger in the limousine.
      (2)   The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located.
      (3)   The limousine is located on any street, highway or other public or private property open to the public for purposes of vehicular travel or parking.
   (e)   An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:
      (1)   The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.
      (2)   The opened bottle of wine that is resealed in accordance with division (e)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.
(R.C. § 4301.62)
   (f)   (1)   Except if an ordinance or resolution is enacted or adopted under division (f)(2) of this section, this section does not apply to a person who, pursuant to a prearranged contract, is a passenger riding on a commercial quadricycle when all of the following apply:
         A.   The person is not occupying a seat in the front of the commercial quadricycle where the operator is steering or braking.
         B.   The commercial quadricycle is being operated on a street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
         C.   The person has in their possession on the commercial quadricycle an opened container of beer or wine.
         D.   The person has in their possession on the commercial quadricycle not more than either 36 ounces of beer or 18 ounces of wine.
      (2)   The Legislative Authority may enact an ordinance or adopt a resolution, as applicable, that prohibits a passenger riding on a commercial quadricycle from possessing an opened container of beer or wine.
      (3)   As used in this section, “commercial quadricycle” means a vehicle that has fully-operative pedals for propulsion entirely by human power and that meets all of the following requirements:
         A.   It has four wheels and is operated in a manner similar to a bicycle.
         B.   It has at least five seats for passengers.
         C.   It is designed to be powered by the pedaling of the operator and the passengers.
         D.   It is used for commercial purposes.
         E.   It is operated by the vehicle owner or an employee of the owner.
   (g)   (1)   This section does not apply to a person that has in the person’s possession an opened container of beer or intoxicating liquor on the premises of a market if the beer or intoxicating liquor has been purchased from a D liquor permit holder that is located in the market.
      (2)   As used in division (g) of this section, “market” means an establishment that:
         A.   Leases space in the market to individual vendors, not less than 50% of which are retail food establishments or food service operations licensed under R.C. Chapter 3717;
         B.   Has an indoor sales floor area of not less than 22,000 square feet;
         C.   Hosts a farmer’s market on each Saturday from April through December.
   (h)   (1)   As used in this section, “alcoholic beverage” has the same meaning as in R.C. § 4303.185.
      (2)   An alcoholic beverage in a closed container being transported under R.C. § 4303.185 to its final destination is not an opened container for the purposes of this section if the closed container is securely sealed in such a manner that it is visibly apparent if the closed container has been subsequently opened or tampered with after sealing.
   (i)   This section does not apply to a person who has in the person’s possession an opened container of beer or intoxicating liquor in a public-use airport, as described in R.C. § 4303.181(D)(2)(a)(iii), when both of the following apply:
      (1)   Consumption of the opened container of beer or intoxicating liquor occurs in the area of the airport terminal that is restricted to persons taking flights to and from the airport; and
      (2)   The consumption is authorized under R.C. § 4303.181(D)(2)(a).
(R.C. § 4301.62)
   (j)   This section does not apply to a person that has in the person's possession an opened container of homemade beer or wine that is served in accordance with R.C. § 4301.201(E).
(R.C. § 4301.62)
   (k)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4301.99(A))
§ 612.08 HOURS OF SALE OR CONSUMPTION.
   (a)   This section shall apply to the retail sale of beer, wine, mixed beverages, or spirituous liquor.
   (b)   No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1, A-1C, A-2, B-1, B-2, B-4, B-5, C-1, C-2, C-2X, D-1, D-2, D-2X, D-3 when issued without a D-3A, D-3X, D-4, D-5H, D-5K, D-8, F, F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, G, or I permit holder:
      (1)   From Monday to Saturday between the hours of 1:00 a.m. and 5:30 a.m.
      (2)   On Sunday between the hours of 1:00 a.m. and Sunday midnight, unless statutorily authorized otherwise.
      (3)   Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption.
   (c)   No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1A, D-3 when issued with a D-3A, D-4A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5G, D-5I, D-5J, D-5L, D-5M, D-5N, D-5O, or D-7 permit holder:
      (1)   From Monday to Saturday between the hours of 2:30 a.m. and 5:30 a.m.
      (2)   On Sunday between the hours of 2:30 a.m. and Sunday midnight, unless statutorily authorized otherwise.
      (3)   Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption.
   (d)   Permit holders authorized to sell beer, wine, mixed beverages, or spirituous liquor at retail who are not specifically identified in divisions (b) or (c) above shall be subject to the provisions of division (b), unless statutorily authorized otherwise.
   (e)   The hours on Sunday during which sales, delivery, or consumption of alcoholic beverages may take place are established by statute, but in no event shall they begin prior to 5:30 a.m.
(O.A.C. 4301:1-1-49)
   (f)   No association, corporation, local unit of an association or corporation, or D permit holder who holds an F-2 permit shall sell beer or intoxicating liquor beyond the hours of sale allowed by the permit. This division imposes strict liability on the holder of such permit and on any officer, agent or employee of such permit holder.
(R.C. § 4303.202(D)(2))
   (g)   No F-8 permit holder shall sell beer or intoxicating liquor beyond the hours of sale allowed by the permit. This division imposes strict liability on the holder of an F-8 permit and on any officer, agent or employee of that permit holder.
(R.C. § 4303.208(C))
   (h)   Whoever violates divisions (f) or (g) of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4303.99(D))
§ 612.09 CONVEYING INTOXICATING LIQUOR OR CASH ONTO GROUNDS OF DETENTION FACILITIES OR OTHER SPECIFIED GOVERNMENTAL FACILITIES.
   (a)   No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution, office building or other place that is under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services or the Department of Rehabilitation and Correction, any of the following items:
      (1)   Any deadly weapon or dangerous ordnance, as defined in R.C. § 2923.11, or any part of or ammunition for use in the deadly weapon or dangerous ordnance.
      (2)   Any drug of abuse, as defined in R.C. § 3719.011.
      (3)   Any intoxicating liquor, as defined in R.C. § 4301.01, except for small amounts of wine for sacramental purposes when the person engaging in the specified conduct is a cleric, as defined in R.C. § 2317.02.
   (b)   Division (a) of this section does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution, office building or other place under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services or the Department of Rehabilitation and Correction, with written authorization of the person in charge of the detention facility or the institution and in accordance with the written rules of the detention facility or the institution, office building or other place.
   (c)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, to a prisoner who is temporarily released from confinement for a work assignment, or to any patient in an institution under the control of the Department of Mental Health and Addiction Services, or the Department of Developmental Disabilities, any item listed in division (a).
   (d)   No person shall knowingly deliver or attempt to deliver cash to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment.
   (e)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment a cellular telephone, two-way radio or other electronic communications device.
   (f)   (1)   It is an affirmative defense to a charge under division (a)(1) of this section that the weapon or dangerous ordnance in question was being transported in a motor vehicle for any lawful purpose, that it was not on the actor’s person, and if the weapon or dangerous ordnance was a firearm, that it was unloaded and was being carried in a closed package, box or case or in a compartment that can be reached only by leaving the vehicle.
      (2)   It is an affirmative defense to a charge under division (c) of this section that the actor was not otherwise prohibited by law from delivering the item to the confined person, the child, the prisoner or the patient and that either of the following applies:
         A.   The actor was permitted by the written rules of the detention facility or the institution, office building or other place to deliver the item to the confined person or the patient.
         B.   The actor was given written authorization by the person in charge of the detention facility or the institution, office building or other place to deliver the item to the confined person or the patient.
   (g)   (1)   Whoever violates division (a)(1) of this section or commits a violation of division (c) of this section involving any item listed in division (a)(1) of this section is guilty of illegal conveyance of weapons onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (a)(2) of this section or commits a violation of division (c) of this section involving any drug of abuse is guilty of illegal conveyance of drugs of abuse onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (a)(3) of this section or commits a violation of division (c) of this section involving any intoxicating liquor is guilty of illegal conveyance of intoxicating liquor onto the grounds of a specified governmental facility, a misdemeanor of the second degree.
      (4)   Whoever violates division (d) of this section is guilty of illegal conveyance of cash onto the grounds of a detention facility, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (d) of this section or a substantially equivalent state law or municipal ordinance, illegal conveyance of cash onto the grounds of a detention facility is a felony to be prosecuted under appropriate state law.
      (5)   Whoever violates division (e) of this section is guilty of illegal conveyance of a communications device onto the grounds of a specified governmental facility, a misdemeanor of the first degree. If the offender previously has been convicted or pleaded guilty to a violation of division (e) of this section or a substantially equivalent state law or municipal ordinance, illegal conveyance of a communications device onto the grounds of a detention facility is a felony to be prosecuted under appropriate state law.
(ORC 2921.36)
§ 612.10 SALES OF LOW-ALCOHOL BEVERAGES TO UNDERAGE PERSONS; PROHIBITIONS AND MISREPRESENTATIONS.
   (a)   As used in this section, UNDERAGE PERSON means a person under 18 years of age.
   (b)   No underage person shall purchase any low- alcohol beverage.
   (c)   No underage person shall order, pay for, share the cost of, or attempt to purchase any low- alcohol beverage.
   (d)   No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low-alcohol beverage for an underage person, by purchase or as a gift.
   (e)   No underage person shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this Municipality.
   (f)   No person shall sell or furnish any low- alcohol beverage to, or buy any low-alcohol beverage for, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.
   (g)   (1)   No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming any low- alcohol beverage, unless the low-alcohol beverage is given to the person possessing or consuming it by that person’s parent, spouse who is not an underage person, or legal guardian, and the parent, spouse who is not an underage person, or legal guardian is present when the person possesses or consumes the low- alcohol beverage.
      (2)   An owner of a public or private place is not liable for acts or omissions in violation of division (g)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee’s acts or omissions.
   (h)   No permit issued by the Division of Liquor Control shall be suspended, revoked, or cancelled because of a violation of either division (f) or (g).
   (i)   No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he or she is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his or her practice or given for established religious purposes.
   (j)   No parent, spouse who is not an underage person, or legal guardian of an underage person shall knowingly permit the underage person to violate this section.
(ORC 4301.631)
   (k)   No low-alcohol beverage shall be sold to any person under 18 years of age.
(ORC 4301.22(A)(2))
   (l)   Whoever violates division (b) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of division (b) of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed.
(ORC 4301.99(E))
   (m)   Whoever violates divisions (c) through (k) hereof is guilty of a misdemeanor of the fourth degree.
(ORC 4301.99(B))
§ 612.11 ALCOHOL VAPORIZING DEVICES PROHIBITED.
   (a)   As used in this section, ALCOHOL VAPORIZING DEVICE means a machine or other device that mixes beer or intoxicating liquor with pure oxygen or any other gas to produce a vaporized product for the purpose of consumption by inhalation.
   (b)   No person shall sell or offer for sale an alcohol vaporizing device.
   (c)   No person shall purchase or use an alcohol vaporizing device.
(ORC 4301.65)
   (d)   (1)   Whoever violates division (b) of this section is guilty of misdemeanor of the third degree. For a second or subsequent violation occurring within a period of five consecutive years after the first violation, a person is guilty of a misdemeanor of the first degree.
(ORC 4301.99(J))
      (2)   Whoever violates division (c) of this section is guilty of a minor misdemeanor.
(ORC 4301.99(A))