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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
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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§ 636.12 INTERFERENCE WITH CUSTODY.
   (a)   No person, knowing that he or she is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (a)(1), (2) or (3) of this section from the parent, guardian, or custodian of the person identified in division (a)(1), (2) or (3) of this section:
      (1)   A child under the age of 18, or a child with a mental or physical disability under the age of 21;
      (2)   A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;
      (3)   A person committed by law to an institution for persons with mental illnesses or an institution for persons with intellectual disabilities.
   (b)   No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.
   (c)   It is an affirmative defense to a charge of enticing or taking under division (a)(1) of this section that the actor reasonably believed that his or her conduct was necessary to preserve the child’s health or safety. It is an affirmative defense to a charge of keeping or harboring under division (a) of this section that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his or her shelter, protection, or influence.
   (d)   Whoever violates this section is guilty of interference with custody.
      (1)   Except as otherwise provided in this subdivision, a violation of division (a)(1) above is a misdemeanor of the first degree. If the child who is the subject of a violation of division (a)(1) is removed from the State or if the offender previously has been convicted of an offense under this section or a substantially equivalent State law or municipal ordinance, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate State law. If the child who is the subject of a violation of division (a)(1) suffers physical harm as a result of the violation, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate State law.
      (2)   A violation of division (a)(2) or (3) of this section is a misdemeanor of the third degree.
      (3)   A violation of division (b) of this section is a misdemeanor of the first degree. Each day of a violation of division (b) is a separate offense.
(R.C. § 2919.23)
§ 636.125 CONTRIBUTING TO THE UNRULINESS OR DELINQUENCY OF A CHILD.
   (a)   As used in this section:
      (1)   DELINQUENT CHILD. Has the same meaning as in R.C. § 2152.02.
      (2)   UNRULY CHILD. Has the same meaning as in R.C. § 2151.022.
   (b)   No person, including a parent, guardian, or other custodian of a child, shall do any of the following:
      (1)   Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child;
      (2)   Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child;
      (3)   Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant;
      (4)   If the person is the parent, guardian, or custodian of a child who has the duties under R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in R.C. § 2919.121, fail to ensure that the child complies with those duties under R.C. Chapters 2152 and 2950.
   (c)   Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense.
(R.C. § 2919.24)
§ 636.13 FAILING TO PROVIDE FOR A PERSON WITH A FUNCTIONAL IMPAIRMENT.
   (a)   No caretaker shall knowingly fail to provide a person with a functional impairment under the caretaker's care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in physical harm or serious physical harm to the person with a functional impairment.
   (b)   No caretaker shall recklessly fail to provide a person with a functional impairment under the caretaker's care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in serious physical harm to the person with a functional impairment.
   (c)   (1)   Whoever violates division (a) of this section is guilty of knowingly failing to provide for a person with a functional impairment, a misdemeanor of the first degree. If the person with a functional impairment under the offender's care suffers serious physical harm as a result of the violation of this section, a violation of division (a) of this section is a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (b) of this section is guilty of recklessly failing to provide for a person with a functional impairment, a misdemeanor of the second degree. If the person with a functional impairment under the offender's care suffers serious physical harm as a result of the violation of this section, a violation of division (b) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.16)
   (d)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   CARETAKER. A person who assumes the duty to provide for the care and protection of a person with a functional impairment on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. The term does not include a person who owns, operates, or administers, or who is an agent or employee of, a care facility, as defined in R.C. § 2903.33.
      (2)   PERSON WITH A FUNCTIONAL IMPAIRMENT. Any person who has a physical or mental impairment that prevents the person from providing for the person's own care or protection or whose infirmities caused by aging prevent the person from providing for the person's own care or protection.
(R.C. § 2903.10)
§ 636.14 PARTY LINES TO BE YIELDED IN EMERGENCIES. (REPEALED)
   (Editor's note: Section 636.14, based on Ohio R.C. 4931.30, is obsolete and has been removed as part of the 2008 updating and revision of this Municipal Code.)
§ 636.15 THREATENING OR HARASSING TELECOMMUNICATIONS.
   (a)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following:
      (1)   Makes the telecommunication with purpose to harass, intimidate, or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;
      (2)   Describes, suggests, requests or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
      (3)   During the telecommunication, violates R.C. § 2903.21 or a substantially equivalent municipal ordinance;
      (4)   Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family or any other person who resides at the premises to which the telecommunication is made owns, leases, resides or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises;
      (6)   Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten, or harass the recipient;
      (7)   Without a lawful business purpose, knowingly interrupts the telecommunication service of any person;
      (8)   Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document, or other communication that prevents that person from using the person’s telephone service or electronic communication device;
      (9)   Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient;
      (10)   Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person;
      (11)   Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner.
   (b)   (1)   No person shall make or cause to be made a telecommunication or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten or harass another person.
      (2)   No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person.
   (c)   (1)   Whoever violates this section is guilty of telecommunications harassment.
      (2)   A violation of division (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9), (a)(10), or (a)(11) or (b) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in this division (c)(3), a violation of division (a)(4) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, to be prosecuted under appropriate state law. If a violation of division (a)(4) of this section results in economic harm of $1,000 or more, telecommunications harassment is a felony to be prosecuted under appropriate state law.
   (d)   No cause of action may be asserted in any court of this municipality against any provider of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, or against any officer, employee or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, for any injury, death or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s or agent’s provision of information, facilities or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, or an officer, employee or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, is immune from any civil or criminal liability for injury, death or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s or agent’s provision of information, facilities or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.
   (e)   (1)   This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section.
      (2)   Division (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.
      (3)   Division (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.
      (4)   A provider or user of an interactive computer service, as defined in 47 U.S.C. § 230, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in 47 U.S.C. § 230, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in 47 U.S.C. § 230. Nothing in this division shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section.
   (f)   Divisions (a)(5) to (a)(11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing, or disseminating information for the general public within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity.
   (g)   For the purpose of divisions (a) through (d) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   CABLE OPERATOR. Has the same meaning as in R.C. § 1332.21.
      (2)   CALLER. The person described in division (a) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control.
      (3)   ECONOMIC HARM. All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. The term includes but is not limited to all of the following:
         A.   All wages, salaries or other compensation lost as a result of the criminal conduct;
         B.   The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
         C.   The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;
         D.   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
      (4)   FAMILY OR HOUSEHOLD MEMBER. Means any of the following:
         A.   Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in division (a)(9) of this section is committed:
            1.   A spouse, a person living as a spouse, or a former spouse of the recipient;
            2.   A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;
            3.   A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient.
         B.   The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in division (a)(9) of this section is committed is the other natural parent or is the putative other natural parent.
      (5)   PERSON LIVING AS A SPOUSE. Means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in division (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question.
      (6)   SEXUAL ACTIVITY. Has the same meaning as in R.C. § 2907.01.
      (7)   TELECOMMUNICATION and TELECOMMUNICATIONS DEVICE. Have the same meanings as in R.C. § 2913.01.
   (h)   Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 15 U.S.C. § 1692, as amended, or the “Telephone Consumer Protection Act”, 47 U.S.C. § 227, as amended.
(R.C. § 2917.21)
§ 636.16 PLACING HARMFUL SUBSTANCE OR OBJECTS IN FOOD OR CONFECTION.
   (a)   No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:
      (1)   Place a pin, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection.
      (2)   Furnish to any person any food or confection which has been adulterated in violation of division (a)(1) of this section.
(ORC 3716.11)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 3716.99(C))
§ 636.17 DOMESTIC VIOLENCE.
   (a)   Prohibited conduct.
      (1)   No person shall knowingly cause or attempt to cause physical harm to a family or household member.
      (2)   No person shall recklessly cause serious physical harm to a family or household member.
      (3)   No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
      (4)   A.   Whoever violates this section is guilty of domestic violence, and the court shall sentence the offender as provided in divisions (a)(4)B. to (a)(4)E. of this section.
         B.   Except as otherwise provided in division (a)(4)C., (a)(4)D. or (a)(4)E. of this section, a violation of division (a)(3) is a misdemeanor of the fourth degree and a violation of division (a)(1) or (a)(2) is a misdemeanor of the first degree.
         C.   Except as otherwise provided in division (a)(4)D. of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to domestic violence, a violation of R.C. § 2903.14, 2909.06, 2909.07, 2911.12, 2911.211 or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of division (a)(1) or (a)(2) is a felony to be prosecuted under appropriate state law, and a violation of division (a)(3) is a misdemeanor of the second degree.
         D.   If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (a)(4)C. of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of division (a)(1) or (a)(2) of this section is a felony to be prosecuted under appropriate state law, and a violation of division (a)(3) of this section is a misdemeanor of the first degree.
         E.   Except as otherwise provided in division (a)(4)C. or (a)(4)D. of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (a)(1) or (a)(2) of this section is a felony to be prosecuted under appropriate state law, and a violation of division (a)(3) of this section is a misdemeanor of the third degree.
      (5)   Notwithstanding any provision of law to the contrary, no court or unit of state or local government shall charge any fee, cost, deposit or money in connection with the filing of charges against a person alleging that the person violated this section or a municipal ordinance substantially equivalent to this section or in connection with the prosecution of any charges so filed.
      (6)   As used in this section:
         A.   FAMILY OR HOUSEHOLD MEMBER. Any of the following:
            1.   Any of the following who is residing or has resided with the offender:
               a.   A spouse, a person living as a spouse as defined below, or a former spouse of the offender;
               b.   A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
               c.   A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
            2.   The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
         B.   PERSON LIVING AS A SPOUSE. A person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
(ORC 2919.25)
   (b)   Temporary protection order. Consult Ohio R.C. 2919.26 for current provisions regarding protection orders.
   (c)   Violating a protection order, consent agreement, anti-stalking protection order or order issued by a court of another state. See § 636.045(c) for current provisions.
§ 636.18 SAFETY OF CROWDS ATTENDING LIVE ENTERTAINMENT PERFORMANCES.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   CONCERT. A musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. A CONCERT does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.
      (2)   FACILITY. Any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including, but not limited to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.
      (3)   LIVE ENTERTAINMENT PERFORMANCE. Any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. A LIVE ENTERTAINMENT PERFORMANCE does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.
      (4)   PERSON. Includes, in addition to an individual or entity specified in Ohio R.C. 1.59(C), any governmental entity.
      (5)   RESTRICTED ENTERTAINMENT AREA. Any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstiles or similar devices.
   (b)   (1)   No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:
         A.   A live entertainment performance that is not exempted under division (d) of this section, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public;
         B.   A concert that is not exempted under division (d) of this section and for which more than 3,000 tickets are offered to the public.
      (2)   No person shall advertise any live entertainment performance as described in division (b)(1)A. of this section or any concert as described in division (b)(1)B. of this section, unless the advertisement contains the words RESERVED SEATS ONLY.
   (c)   Unless exempted by division (d)(1) of this section, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under division (e) of this section for a minimum of 90 minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.
   (d)   (1)   A live entertainment performance, other than a concert, is exempted from the provisions of divisions (b) and (c) of this section if both of the following apply:
         A.   The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstiles or similar devices are used, has at least eight turnstiles or similar devices.
         B.   The eight entrances or, if applicable, the eight turnstiles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.
      (2)   A.   The officer responsible for public safety in the Municipality may, upon application of the sponsor of a concert covered by division (b) of this section, exempt the concert from the provisions of that division if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of that division. In determining whether to grant an exemption, the officer shall consider the following factors:
            1.   The size and design of the facility in which the concert is scheduled;
            2.   The size, age and anticipated conduct of the crowd expected to attend the concert;
            3.   The ability of the sponsor to manage and control the expected crowd. If the sponsor of any concert desires to obtain an exemption under this division, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five days after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.
         B.   If an official grants an exemption under division (d)(2)A. of this section, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
      (3)   Notwithstanding division (d)(2) of this section, in the case of a concert held in a facility located on the campus of an educational institution covered by Ohio R.C. 3345.04, a State university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall do both of the following:
         A.   Exercise the authority to grant exemptions provided by division (d)(2)A. of this section in lieu of an official designated in that division;
         B.   If the officer grants an exemption under division (d)(3)A. of this section, designate an on-duty State university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
   (e)   (1)   Unless a live entertainment performance is exempted by division (d)(1) of this section, the officer responsible for public safety within the Municipality shall designate, for purposes of division (c) of this section, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.
      (2)   Notwithstanding division (e)(1) of this section, a State university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by Ohio R.C. 3345.04.
   (f)   No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.
   (g)   (1)   This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.
      (2)   This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.
   (h)   This section does not prohibit the Council from imposing additional requirements, not in conflict with the section, for the promotion or holding of live entertainment performances.
   (i)   Whoever violates division (b), (c) or (f) of this section is guilty of a misdemeanor of the first degree. If any individual suffers physical harm to his or her person as a result of a violation of this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.
(ORC 2917.40)
§ 636.19 HAZING.
   (a)   As used in this section:
      (1)   HAZING. Means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in R.C. § 3719.011.
      (2)   ORGANIZATION. Includes a national or international organization with which a fraternity or sorority is affiliated.
   (b)   (1)   No person shall recklessly participate in the hazing of another.
      (2)   No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization.
   (c)   (1)   No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person.
      (2)   No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person.
   (d)   Whoever violates divisions (b) or (c) of this section is guilty of hazing. A violation of division (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of division (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2903.31)
   (e)   Reckless failure to immediately report knowledge of hazing.
      (1)   No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred.
      (2)   A violation of division (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm.
(R.C. § 2903.311(B), (C))
   (f)   (1)   Any person who is subject to hazing, as defined in division (a) of this section, may commence a civil action for injury or damages, including mental and physical pain and suffering, that result from the hazing. The action may be brought against any participant in the hazing, any organization whose local or national directors, trustees or officers authorized, requested, commanded or tolerated the hazing, and any local or national director, trustee or officer of the organization who authorized, requested, commanded or tolerated the hazing. If the hazing involves students in a primary, secondary or post- secondary school, university, college or any other educational institution, an action may also be brought against any administrator, employee or faculty member of the school, university, college or other educational institution who knew or reasonably should have known of the hazing and who did make reasonable attempts to prevent it and against the school, university, college or other educational institution. If an administrator, employee or faculty member is found liable in a civil action for hazing, then notwithstanding Ohio R.C. Chapter 2743, the school, university, college or other educational institution that employed the administrator, employee or faculty member may also be held liable.
      (2)   The negligence or consent of the plaintiff or any assumption of the risk by the plaintiff is not a defense to an action brought pursuant to this section. In an action against a school, university, college or other educational institution, it is an affirmative defense that the school, university, college or other institution was actively enforcing a policy against hazing at the time the cause of action arose.
(R.C. § 2307.44)
    (g)   The penalty provided for in division (d) shall be in addition to the civil remedy provided for in division (f) of this section.
(Ord. 083-58, passed 6-21-1983)
Statutory reference:
   Civil liability for hazing, see Ohio R.C. 2307.44
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