PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE
Title I — General Offenses
Chapter 601 — General Provisions and Penalty
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Limitations of prosecution for income tax violations, RC 718.12
Judicial dissolution of corporation for criminal practices, RC 1701.91
Modification of sentence, RC 2929.20
Obstructing justice, CO 615.07
601.01
Definitions
As used in the Codified Ordinances:
(a) "Force" means any violence, compulsion or constraint physically exerted by any means upon or against a person or
thing.
(b) "Deadly force" means any force which carries a substantial risk that it will proximately result in the death of any
person.
(c) "Physical harm to persons" means any injury, illness or other physiological impairment, regardless of its gravity or
duration.
(d) "Physical harm to property" means any tangible or intangible damage to property which, in any degree, results in loss
to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned
by normal use.
(e) "Serious physical harm to persons" means any of the following:
(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric
treatment;
(2) Any physical harm which carries a substantial risk of death;
(3) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some
temporary, substantial incapacity;
(4) Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious
disfigurement;
(5) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves
any degree of prolonged or intractable pain.
(f) "Serious physical harm to property" means any physical harm to property which does either of the following:
(1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort or money to
repair or replace;
(2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use and enjoyment for
an extended period of time.
(g) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that
certain circumstances may exist.
(h) "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result
may occur or that certain circumstances may exist.
(i) "Offense of violence" means any of the following:
(1) A violation of Sections 605.01, 605.06, 621.03, 621.06, 621.07, 609.07, 623.01 and 627.02 of this General Offenses
Code.
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States,
substantially equivalent to any section listed in division (i)(1) of this section;
(3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other
state or the United States, committed, purposely or knowingly, and involving physical harm to persons or a risk of serious
physical harm to persons;
(4) A conspiracy or attempt to commit, or complicity in committing any offense under division (i)(1), (2) or (3) of this
section.
(j) (1) "Property" means any property, real or personal, tangible or intangible, and any interest or license in such property.
"Property" includes, but is not limited to, cable television service, computer data, computer software, financial
instruments associated with computers, and other documents associated with computers, or copies of the documents,
whether in machine or human readable form. "Financial instruments associated with computers" include, but are not
limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of
credit or debit cards, financial transaction authorization mechanisms, marketable securities or any computer system
representations of any of them.
(2) As used in this division and division (m) of this section, "cable television service," "computer," "computer software,"
"computer system," "computer network" and "data" have the same meaning as in Section 625.01.
(k) "Law enforcement officer" means any of the following:
(1) A sheriff, deputy sheriff, constable, marshal, deputy marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under RC 3735.31(D) or State highway patrolman;
(2) An officer, agent or employee of the State or any of its agencies, instrumentalities or political subdivisions, upon
whom, by statute, charter or ordinance, a duty to conserve the peace or to enforce all or certain laws is imposed and the
authority to arrest violators is conferred, within the limits of such statutory duty and authority;
(3) A mayor in his capacity as chief conservator of the peace within his municipal corporation;
(4) A member of an auxiliary police force organized by county, township or municipal law enforcement authorities, within
the scope of such member's appointment or commission;
(5) A person lawfully called pursuant to RC 311.07 to aid a sheriff in keeping the peace, for the purposes and during the
time when such person is called;
(6) A person appointed by a mayor pursuant to RC 737.01 as a special patrolman or officer during riot or emergency, for
the purposes and during the time when such person is appointed;
(7) A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against domestic violence;
(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer or municipal prosecutor.
(9) An Ohio veterans' home policeman appointed under RC 5907.02.
(RC 2901.01 (A) through (K); Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
601.02
Classification of Offenses
As used in the General Offenses Code:
(a) Offenses include misdemeanors of the first, second, third and fourth degree, minor misdemeanors and offenses not
specifically classified.
(b) Regardless of the penalty which may be imposed, any offense specifically classified as a misdemeanor is a
misdemeanor.
(c) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as
a penalty.
(d) Any offense not specifically classified is a minor misdemeanor if the only penalty which may be imposed is a fine not
exceeding one hundred dollars ($100.00).
(RC 2901.02; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.03
Common Law Offenses Abrogated
(a) No conduct constitutes a criminal offense against the City unless it is defined as an offense in the Codified Ordinances.
(b) An offense is defined when one or more sections of the Codified Ordinances state a positive prohibition or enjoin a
specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.
(RC 2901.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.04
Rules of Construction
Sections of the General Offenses Code defining offenses or penalties shall be strictly construed against the City and
liberally construed in favor of the accused.
(RC 2901.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.05
Limitation of Criminal Prosecution
(a) Except as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following
periods after an offense is committed:
(1) For a misdemeanor other than a minor misdemeanor, two years;
(2) For a minor misdemeanor, six months.
(b) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an
offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by
an aggrieved person, or by his legal representative who is not himself a party to the offense.
(c) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an offense
involving misconduct in office by a public servant as defined in Section 615.01, at any time while the accused remains a
public servant, or within two years thereafter.
(d) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a
continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first.
(e) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a
warrant, summons, citation or other process, unless reasonable diligence is exercised to execute the same.
(f) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
(g) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the
accused absented himself from this State or concealed his identity or whereabouts is prima-facie evidence of his purpose
to avoid prosecution.
(h) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is
pending in this State, even though the indictment, information, or process which commenced the prosecution is quashed
or the proceedings thereon are set aside or reversed on appeal.
(RC 2901.13; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.06
Requirements for Criminal Liability
(a) Except as provided in subsection (b) hereof, a person is not guilty of an offense unless both of the following apply:
(1) His liability is based on conduct which includes either a voluntary act, or an omission to perform an act or duty which
he is capable of performing;
(2) He has the requisite degree of culpability for each element as to which a culpable mental state is specified by the
section defining the offense.
(b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to
impose strict criminal liability for the conduct described in such section, then culpability is not required for a person to be
guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability,
recklessness is sufficient culpability to commit the offense.
(c) As used in this section:
(1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his
control thereof for a sufficient time to have ended his possession.
(2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise
a product of the actor's volition, are involuntary acts.
(3) "Culpability" means purpose, knowledge, recklessness or negligence, as defined in Section 601.07, or any other specific
mental state required by any section of this Code.
(RC 2901.21; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.07
Culpable Mental States
(a) A person acts purposely when it is his specific intention to cause a certain result, or when the gist of the offense is a
prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is his
specific intention to engage in conduct of that nature.
(b) A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain
result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such
circumstances probably exist.
(c) A person acts recklessly when, with heedless indifference to the consequences, he perversely disregards a known risk
that his conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to
circumstances when, with heedless indifference to the consequences, he perversely disregards a known risk that such
circumstances are likely to exist.
(d) A person acts negligently when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that his
conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances
when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that such circumstances may exist.
(e) When the section defining an offense provides that negligence suffices to establish an element thereof, then
recklessness, knowledge or purpose is also sufficient culpability for such element. When recklessness suffices to establish
an element of an offense, then knowledge or purpose is also sufficient culpability for such element. When knowledge
suffices to establish an element of an offense, then purpose is also sufficient culpability for such element.
(RC 2901.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.08
Attempt
(a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an
offense, shall engage in conduct which, 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 which 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 effort to commit the offense or
otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his
criminal purpose.
(e) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit any misdemeanor is a
misdemeanor of the next lesser degree than the misdemeanor attempted. In the case of an attempt to commit an offense
other than a violation of RC Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree
if the offense attempted is a felony under the Revised Code, and a misdemeanor of the fourth degree if the offense
attempted is a misdemeanor. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense
under this section.
(RC 2923.02; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.09
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 RC 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 Section 601.08.
(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, when it charges the jury, shall state substantially the following:
"The testimony of an accomplice does not become inadmissible because of his complicity, moral turpitude, or self-interest,
but the admitted or claimed complicity of a witness may affect his credibility and make his testimony subject to grave
suspicion, and require that it be weighed with great caution."
"It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and
to determine its quality and worth or its lack of quality and worth."
(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 complicity, under circumstances manifesting a complete and voluntary renunciation of
his 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 were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the
principal offense.
(RC 2923.03; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.10
Organizational Criminal Liability
(a) An organization may be convicted of an offense under any of the following circumstances:
(1) The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf
and within the scope of his office or employment, except that if the section defining the offense designates the officers,
agents or employees for whose conduct the organization is accountable or the circumstances under which it is
accountable, such provisions shall apply.
(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is
committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or
employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct
the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.
(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.
(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was
authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high
managerial officer, agent, or employee acting in behalf of the organization and within the scope of his office or
employment.
(b) When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be
presumed, unless the contrary plainly appears.
(c) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that
the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense
exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the
purpose of the section defining the offense.
(d) As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited
partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity. "Organization"
does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(RC 2901.23; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.11
Personal Accountability for Organizational Conduct
(a) An officer, agent or employee of an organization as defined in Section 601.10 may be prosecuted for an offense
committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any
of the following apply:
(1) In the name of the organization or in its behalf, he engages in conduct constituting the offense, or causes another to
engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility;
(2) He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
(b) When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted
in his own behalf.
(RC 2901.24; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.12
Repeat and Dangerous Offenders
As used in Section 601.13:
(a) "Repeat offender" means a person who has a history of persistent criminal activity, and whose character and condition
reveal a substantial risk that he will commit another offense. It is prima-facie evidence that a person is a repeat offender if
any of the following apply:
(1) Having been convicted of one or more offenses of violence, as defined in RC 2901.01 and Section 601.01(i), and having
been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense of violence;
(2) Having been convicted of one or more sex offenses as defined in RC 2950.01 or Section 619.01, and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent sex offense;
(3) Having been convicted of one or more theft offenses as defined in RC 2913.01 or Section 625.01, and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent theft offense;
(4) Having been convicted of one or more felony drug abuse offenses as defined in RC Chapter 2925. and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent felony drug abuse offense;
(5) Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense,
he commits a subsequent offense;
(6) Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication
offenses or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he commits a
subsequent offense.
(b) "Dangerous offender" means a person who has committed an offense, whose history, character, and condition reveal a
substantial risk that he will be a danger to others, and whose conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to the consequences.
(c) "Actual incarceration" means that an offender is required to be imprisoned for the stated period of time to which he is
sentenced that is specified as a term of actual incarceration. If a person is sentenced to a term of actual incarceration, the
court shall not suspend his term of actual incarceration, and shall not grant him probation or shock probation, pursuant to
RC 2929.51, 2947.061, 2951.02, or 2951.04, and the department of rehabilitation and correction or the adult parole
authority shall not, pursuant to RC Chapter 2967. its rules adopted pursuant to RC Chapter 2967., 5120., or 5149. of the
Revised Code, grant him a furlough for employment or education, a furlough for being a trustworthy prisoner other than a
furlough pursuant to division (A)(1)(a) or (b) of RC 2967.27, parole, emergency parole, or shock parole until after the
expiration of his term of actual incarceration, diminished as provided in RC 2967.19, 2967.193, and 5145.11.
An offender who is sentenced to a term of actual incarceration may be transferred from an institution operated by the
department of rehabilitation and correction to the custody of the department of mental health or the department of
mental retardation and developmental disabilities, as provided in RC 5120.17, and shall be credited with all time served in
the custody of the department of mental health or the department of mental retardation and developmental disabilities
against the term of actual incarceration.
(d) "Deadly weapon" has the same meaning as in section 627.01.
(RC 2929.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.13
Considerations for Imposing Penalties
(a) In determining whether to impose imprisonment or a fine, or both, for a misdemeanor, and in determining the term of
imprisonment and the amount and method of payment of a fine, the court shall consider the risk that the offender will
commit another offense and the need for protecting the public from the risk; the nature and circumstances of the offense;
the history, character, and condition of the offender and his need for correctional or rehabilitative treatment; any
statement made by the victim, if the offense is a misdemeanor specified in division (A) of RC 2930.01; and the ability and
resources of the offender and the nature of the burden that payment of a fine will impose on him.
(b) The following do not control the court's discretion, but shall be considered in favor of imposing imprisonment for a
misdemeanor:
(1) The offender is a repeat or dangerous offender;
(2) Regardless of whether or not the offender knew the age of the victim, the victim of the offense was sixty-five years of
age or older, permanently and totally disabled, or less than eighteen years of age at the time of the commission of the
offense.
(c) The following do not control the court's discretion, but shall be considered against imposing imprisonment for a
misdemeanor:
(1) The offense neither caused nor threatened serious physical harm to persons or property, or the offender did not
contemplate that it would so do;
(2) The offense was the result of circumstances unlikely to recur;
(3) The victim of the offense induced or facilitated it;
(4) There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(5) The offender acted under strong provocation;
(6) The offender has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial time
before commission of the present offense;
(7) The offender is likely to respond quickly to correctional or rehabilitative treatment.
(d) The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered
in determining whether to impose imprisonment for a misdemeanor.
(e) The court shall not impose a fine in addition to imprisonment for a misdemeanor, unless a fine is specially adapted to
deterrence of the offense or the correction of the offender, the offense has proximately resulted in physical harm to the
person or property of another, or the offense was committed for hire or for purpose of gain.
(f) The court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the court, exceeds
the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship
to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.
(g) At the time of sentencing or as soon as possible after sentencing, the court shall notify the victim of the offense of his
right to file an application for an award of reparations pursuant to RC 2743.51 to 2743.72.
(RC 2929.22; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.14
Disposition of Property Held by the Division of Police
(a) Any property, other than contraband that is subject to the provisions of RC 2933.43 and other than property that has
been lawfully seized in relation to a violation of RC 2933.42 or forfeited pursuant to federal law and required to be used for
law enforcement purposes, that has been lost, abandoned, stolen or lawfully seized or forfeited, and that is in the custody
of the Division of Police, shall be safely kept pending the time it is no longer needed as evidence, and disposed of pursuant
to this section.
(b) The Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, and
to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is
sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the
property in custody and inviting persons to view and establish their right to view and establish their right to it.
(c) A person loses any right he may have to possession of property if either of the following apply:
(1) Which was the subject, or was used in a conspiracy or attempt to commit, or the commission of an offense other than a
traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense;
(2) When a court determines that the property should be forfeited because, in light of the nature of the property or the
circumstances of such person, it is unlawful for him to acquire or possess it.
(d) Unclaimed and forfeited property in the custody of the Division, other than contraband that is subject to the provisions
of RC 2933.43 and other property that has been lawfully seized in relation to a violation of RC 2923.32, shall be disposed
of as follows:
(1) Drugs shall be destroyed, or placed in custody of the Secretary of the Treasury of the United States, for disposal or use
for medical or scientific purposes under applicable Federal law.
(2) Firearms and dangerous ordinances so seized and remaining unclaimed shall be destroyed after ninety days from date
of notice given pursuant to division (b) of this section. Proper records shall be kept listing type, serial number and date of
destruction. Records shall be open to public inspection.
(3) Obscene materials shall be destroyed.
(4) Other unclaimed or forfeited property shall be sold at public auction, subject to the provisions of division (a) of this
section, held no less than thirty days from the date of the newspaper notice provided for in division (b) of this section,
except that forfeited property, excluding money but including motor vehicles, notwithstanding division (f) of this section,
may be retained by the Division of Police, if the Chief of Police determines that it is suitable for use in the work of the
Division of Police.
(e) The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)
601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or
Stolen Parts
(a) For the purpose of locating stolen motor vehicles and/or stolen motor vehicle parts, the Chief of Police, or his
authorized representative, may inspect any motor vehicle, as defined in RC 4501.01 and may inspect any motor vehicle
part that has been marked with an identifying number by the manufacturer, situated in the City of Cleveland in any public
garage, community garage, storage garage, service garage, repair shop, parking lot, auto sales lot, vehicle leasing or rental
lot, motor vehicle salvage facility, scrap metal processing facility, auto wrecking yard, junk yard, or other similar
establishment, and may inspect the title, registration, vehicle identification number, or license plates of the vehicle in
order to establish the rightful ownership or possession of the vehicle or vehicle part.
(b) For the purpose of locating a stolen vehicle, the Chief of Police, or his authorized representative, may inspect
implements of husbandry and construction equipment in places described in division (a) of this section.
(c) Whenever possible, inspections conducted pursuant to division (a) or (b) of this section shall be conducted at a time
and in a manner so as to minimize any interference with, or delay of, business operations.
(d) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance of a police
officer from inspecting any place described in division (a), shall do any act which hampers or impedes a police officer from
making an inspection pursuant to this Section.
Whoever violates this Section is guilty of obstructing vehicle inspections, a misdemeanor of the second degree.
(Ord. No. 137-86. Passed 1-13-86, eff. 1-16-86)
601.99
Penalties for Misdemeanors
(a) Whoever is convicted of or pleads guilty to a misdemeanor as classified in the Codified Ordinances (the “offender”),
other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment
and fine shall be fixed by the court as provided in this section.
Whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of
Section 623.01 that is a misdemeanor, or a violation of division (a)(2) of Section 623.02 when the means used are fire or
explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with RC
2929.28.
Misdemeanor
Classification
1st degree
2nd degree
3rd degree
4th degree
Minor
(RC 2929.21)
Maximum
Imprisonment
Term
6 months
90 days
60 days
30 days
No imprisonment
Maximum
Fine
$1,000.00
750.00
500.00
250.00
150.00
(b) Notwithstanding the provisions of division (a) of this section, if the sentencing court determines that the victim of an
offense set forth in Section 619.04, 621.03, 621.06, 621.07, 621.09, 621.10, 621.11, 623.01, 623.02, 623.03, 623.04, 625.05,
625.07, 625.12, 625.17, 625.20 or 625.26 of these Codified Ordinances was sixty (60) years of age or older at the time of
the commission of the offense:
(1) In the case of offenses which are classified misdemeanors of the first degree, the court shall set the offender's fine at
$1,000.00 and in addition to said fine, shall sentence the offender to not less than sixty (60) days' and not more than six
(6) months' imprisonment.
(2) In the case of offenses which are classified minor misdemeanors or misdemeanors of the second, third or fourth
degree, the penalty for the offense shall be the next greater degree of misdemeanor than that which is set forth in the
section defining the offense.
A. In the case of offenses which become misdemeanors of the first degree pursuant to this division, the court shall set the
offender's fine at not less than $750.00 and, in addition to said fine, shall sentence the offender to not less than sixty (60)
days imprisonment.
B. In the case of offenses which become misdemeanors of the second degree pursuant to this division, the court shall set
the offender's fine at not less than $500.00 and, in addition to said fine, shall sentence the offender to not less than thirty
(30) days' imprisonment.
C. In the cases of offenses which become misdemeanors of the third degree pursuant to this division, the court shall set the
offender's fine at not less than $250.00 and, in addition to said fine, shall sentence the offender to not less than fifteen
(15) days' imprisonment.
D. In the case of offenses which become misdemeanors of the fourth degree pursuant to this division, the court shall set
the offender's fine at not less than $100.00 and, in addition to said fine, shall sentence the offender to not less than ten
(10) days' imprisonment.
(3) Where applicable, the court may require the offender to make restitution for all or part of the property damage that is
caused by his offense and for all or part of the value of the property that is the subject of any theft offense.
(4) The minimum fines and imprisonment to be imposed by the court pursuant to divisions (b)(1) and (b)(2) of this
section are mandatory. The court shall not suspend all or any portion of said minimum fines and imprisonment.
(c) Regardless of the penalties provided in division (a) of this section, an organization convicted of an offense pursuant to
Section 601.10 shall be fined, which fine shall be fixed by the court as follows:
Type of Misdemeanor
Maximum Fine
1st degree
$5,000.00
2nd degree
4,000.00
3rd degree
3,000.00
4th degree
2,000.00
Minor
1,000.00
Misdemeanor not specifically classified
2,000.00
Minor misdemeanor not specifically classified1,000.00
(1) When an organization is convicted of an offense not specifically classified, and the section defining the offense or
penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty
shall be imposed in lieu of the penalty provided in this division (c).
(2) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher
fine than that provided in this division (c), then the penalty imposed shall be pursuant to the penalty provided for
violation of the section defining the offense.
(3) This division (c) does not prevent the imposition of available civil sanctions against an organization convicted of an
offense pursuant to Section 601.10, either in addition to or in lieu of a fine imposed pursuant to this division (c). (RC
2929.31)
(Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)
PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE
Title I — General Offenses
Chapter 601 — General Provisions and Penalty
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Limitations of prosecution for income tax violations, RC 718.12
Judicial dissolution of corporation for criminal practices, RC 1701.91
Modification of sentence, RC 2929.20
Obstructing justice, CO 615.07
601.01
Definitions
As used in the Codified Ordinances:
(a) "Force" means any violence, compulsion or constraint physically exerted by any means upon or against a person or
thing.
(b) "Deadly force" means any force which carries a substantial risk that it will proximately result in the death of any
person.
(c) "Physical harm to persons" means any injury, illness or other physiological impairment, regardless of its gravity or
duration.
(d) "Physical harm to property" means any tangible or intangible damage to property which, in any degree, results in loss
to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned
by normal use.
(e) "Serious physical harm to persons" means any of the following:
(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric
treatment;
(2) Any physical harm which carries a substantial risk of death;
(3) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some
temporary, substantial incapacity;
(4) Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious
disfigurement;
(5) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves
any degree of prolonged or intractable pain.
(f) "Serious physical harm to property" means any physical harm to property which does either of the following:
(1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort or money to
repair or replace;
(2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use and enjoyment for
an extended period of time.
(g) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that
certain circumstances may exist.
(h) "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result
may occur or that certain circumstances may exist.
(i) "Offense of violence" means any of the following:
(1) A violation of Sections 605.01, 605.06, 621.03, 621.06, 621.07, 609.07, 623.01 and 627.02 of this General Offenses
Code.
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States,
substantially equivalent to any section listed in division (i)(1) of this section;
(3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other
state or the United States, committed, purposely or knowingly, and involving physical harm to persons or a risk of serious
physical harm to persons;
(4) A conspiracy or attempt to commit, or complicity in committing any offense under division (i)(1), (2) or (3) of this
section.
(j) (1) "Property" means any property, real or personal, tangible or intangible, and any interest or license in such property.
"Property" includes, but is not limited to, cable television service, computer data, computer software, financial
instruments associated with computers, and other documents associated with computers, or copies of the documents,
whether in machine or human readable form. "Financial instruments associated with computers" include, but are not
limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of
credit or debit cards, financial transaction authorization mechanisms, marketable securities or any computer system
representations of any of them.
(2) As used in this division and division (m) of this section, "cable television service," "computer," "computer software,"
"computer system," "computer network" and "data" have the same meaning as in Section 625.01.
(k) "Law enforcement officer" means any of the following:
(1) A sheriff, deputy sheriff, constable, marshal, deputy marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under RC 3735.31(D) or State highway patrolman;
(2) An officer, agent or employee of the State or any of its agencies, instrumentalities or political subdivisions, upon
whom, by statute, charter or ordinance, a duty to conserve the peace or to enforce all or certain laws is imposed and the
authority to arrest violators is conferred, within the limits of such statutory duty and authority;
(3) A mayor in his capacity as chief conservator of the peace within his municipal corporation;
(4) A member of an auxiliary police force organized by county, township or municipal law enforcement authorities, within
the scope of such member's appointment or commission;
(5) A person lawfully called pursuant to RC 311.07 to aid a sheriff in keeping the peace, for the purposes and during the
time when such person is called;
(6) A person appointed by a mayor pursuant to RC 737.01 as a special patrolman or officer during riot or emergency, for
the purposes and during the time when such person is appointed;
(7) A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against domestic violence;
(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer or municipal prosecutor.
(9) An Ohio veterans' home policeman appointed under RC 5907.02.
(RC 2901.01 (A) through (K); Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
601.02
Classification of Offenses
As used in the General Offenses Code:
(a) Offenses include misdemeanors of the first, second, third and fourth degree, minor misdemeanors and offenses not
specifically classified.
(b) Regardless of the penalty which may be imposed, any offense specifically classified as a misdemeanor is a
misdemeanor.
(c) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as
a penalty.
(d) Any offense not specifically classified is a minor misdemeanor if the only penalty which may be imposed is a fine not
exceeding one hundred dollars ($100.00).
(RC 2901.02; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.03
Common Law Offenses Abrogated
(a) No conduct constitutes a criminal offense against the City unless it is defined as an offense in the Codified Ordinances.
(b) An offense is defined when one or more sections of the Codified Ordinances state a positive prohibition or enjoin a
specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.
(RC 2901.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.04
Rules of Construction
Sections of the General Offenses Code defining offenses or penalties shall be strictly construed against the City and
liberally construed in favor of the accused.
(RC 2901.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.05
Limitation of Criminal Prosecution
(a) Except as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following
periods after an offense is committed:
(1) For a misdemeanor other than a minor misdemeanor, two years;
(2) For a minor misdemeanor, six months.
(b) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an
offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by
an aggrieved person, or by his legal representative who is not himself a party to the offense.
(c) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an offense
involving misconduct in office by a public servant as defined in Section 615.01, at any time while the accused remains a
public servant, or within two years thereafter.
(d) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a
continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first.
(e) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a
warrant, summons, citation or other process, unless reasonable diligence is exercised to execute the same.
(f) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
(g) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the
accused absented himself from this State or concealed his identity or whereabouts is prima-facie evidence of his purpose
to avoid prosecution.
(h) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is
pending in this State, even though the indictment, information, or process which commenced the prosecution is quashed
or the proceedings thereon are set aside or reversed on appeal.
(RC 2901.13; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.06
Requirements for Criminal Liability
(a) Except as provided in subsection (b) hereof, a person is not guilty of an offense unless both of the following apply:
(1) His liability is based on conduct which includes either a voluntary act, or an omission to perform an act or duty which
he is capable of performing;
(2) He has the requisite degree of culpability for each element as to which a culpable mental state is specified by the
section defining the offense.
(b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to
impose strict criminal liability for the conduct described in such section, then culpability is not required for a person to be
guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability,
recklessness is sufficient culpability to commit the offense.
(c) As used in this section:
(1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his
control thereof for a sufficient time to have ended his possession.
(2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise
a product of the actor's volition, are involuntary acts.
(3) "Culpability" means purpose, knowledge, recklessness or negligence, as defined in Section 601.07, or any other specific
mental state required by any section of this Code.
(RC 2901.21; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.07
Culpable Mental States
(a) A person acts purposely when it is his specific intention to cause a certain result, or when the gist of the offense is a
prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is his
specific intention to engage in conduct of that nature.
(b) A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain
result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such
circumstances probably exist.
(c) A person acts recklessly when, with heedless indifference to the consequences, he perversely disregards a known risk
that his conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to
circumstances when, with heedless indifference to the consequences, he perversely disregards a known risk that such
circumstances are likely to exist.
(d) A person acts negligently when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that his
conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances
when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that such circumstances may exist.
(e) When the section defining an offense provides that negligence suffices to establish an element thereof, then
recklessness, knowledge or purpose is also sufficient culpability for such element. When recklessness suffices to establish
an element of an offense, then knowledge or purpose is also sufficient culpability for such element. When knowledge
suffices to establish an element of an offense, then purpose is also sufficient culpability for such element.
(RC 2901.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.08
Attempt
(a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an
offense, shall engage in conduct which, 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 which 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 effort to commit the offense or
otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his
criminal purpose.
(e) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit any misdemeanor is a
misdemeanor of the next lesser degree than the misdemeanor attempted. In the case of an attempt to commit an offense
other than a violation of RC Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree
if the offense attempted is a felony under the Revised Code, and a misdemeanor of the fourth degree if the offense
attempted is a misdemeanor. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense
under this section.
(RC 2923.02; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.09
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 RC 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 Section 601.08.
(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, when it charges the jury, shall state substantially the following:
"The testimony of an accomplice does not become inadmissible because of his complicity, moral turpitude, or self-interest,
but the admitted or claimed complicity of a witness may affect his credibility and make his testimony subject to grave
suspicion, and require that it be weighed with great caution."
"It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and
to determine its quality and worth or its lack of quality and worth."
(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 complicity, under circumstances manifesting a complete and voluntary renunciation of
his 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 were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the
principal offense.
(RC 2923.03; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.10
Organizational Criminal Liability
(a) An organization may be convicted of an offense under any of the following circumstances:
(1) The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf
and within the scope of his office or employment, except that if the section defining the offense designates the officers,
agents or employees for whose conduct the organization is accountable or the circumstances under which it is
accountable, such provisions shall apply.
(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is
committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or
employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct
the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.
(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.
(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was
authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high
managerial officer, agent, or employee acting in behalf of the organization and within the scope of his office or
employment.
(b) When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be
presumed, unless the contrary plainly appears.
(c) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that
the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense
exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the
purpose of the section defining the offense.
(d) As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited
partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity. "Organization"
does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(RC 2901.23; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.11
Personal Accountability for Organizational Conduct
(a) An officer, agent or employee of an organization as defined in Section 601.10 may be prosecuted for an offense
committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any
of the following apply:
(1) In the name of the organization or in its behalf, he engages in conduct constituting the offense, or causes another to
engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility;
(2) He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
(b) When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted
in his own behalf.
(RC 2901.24; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.12
Repeat and Dangerous Offenders
As used in Section 601.13:
(a) "Repeat offender" means a person who has a history of persistent criminal activity, and whose character and condition
reveal a substantial risk that he will commit another offense. It is prima-facie evidence that a person is a repeat offender if
any of the following apply:
(1) Having been convicted of one or more offenses of violence, as defined in RC 2901.01 and Section 601.01(i), and having
been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense of violence;
(2) Having been convicted of one or more sex offenses as defined in RC 2950.01 or Section 619.01, and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent sex offense;
(3) Having been convicted of one or more theft offenses as defined in RC 2913.01 or Section 625.01, and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent theft offense;
(4) Having been convicted of one or more felony drug abuse offenses as defined in RC Chapter 2925. and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent felony drug abuse offense;
(5) Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense,
he commits a subsequent offense;
(6) Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication
offenses or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he commits a
subsequent offense.
(b) "Dangerous offender" means a person who has committed an offense, whose history, character, and condition reveal a
substantial risk that he will be a danger to others, and whose conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to the consequences.
(c) "Actual incarceration" means that an offender is required to be imprisoned for the stated period of time to which he is
sentenced that is specified as a term of actual incarceration. If a person is sentenced to a term of actual incarceration, the
court shall not suspend his term of actual incarceration, and shall not grant him probation or shock probation, pursuant to
RC 2929.51, 2947.061, 2951.02, or 2951.04, and the department of rehabilitation and correction or the adult parole
authority shall not, pursuant to RC Chapter 2967. its rules adopted pursuant to RC Chapter 2967., 5120., or 5149. of the
Revised Code, grant him a furlough for employment or education, a furlough for being a trustworthy prisoner other than a
furlough pursuant to division (A)(1)(a) or (b) of RC 2967.27, parole, emergency parole, or shock parole until after the
expiration of his term of actual incarceration, diminished as provided in RC 2967.19, 2967.193, and 5145.11.
An offender who is sentenced to a term of actual incarceration may be transferred from an institution operated by the
department of rehabilitation and correction to the custody of the department of mental health or the department of
mental retardation and developmental disabilities, as provided in RC 5120.17, and shall be credited with all time served in
the custody of the department of mental health or the department of mental retardation and developmental disabilities
against the term of actual incarceration.
(d) "Deadly weapon" has the same meaning as in section 627.01.
(RC 2929.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.13
Considerations for Imposing Penalties
(a) In determining whether to impose imprisonment or a fine, or both, for a misdemeanor, and in determining the term of
imprisonment and the amount and method of payment of a fine, the court shall consider the risk that the offender will
commit another offense and the need for protecting the public from the risk; the nature and circumstances of the offense;
the history, character, and condition of the offender and his need for correctional or rehabilitative treatment; any
statement made by the victim, if the offense is a misdemeanor specified in division (A) of RC 2930.01; and the ability and
resources of the offender and the nature of the burden that payment of a fine will impose on him.
(b) The following do not control the court's discretion, but shall be considered in favor of imposing imprisonment for a
misdemeanor:
(1) The offender is a repeat or dangerous offender;
(2) Regardless of whether or not the offender knew the age of the victim, the victim of the offense was sixty-five years of
age or older, permanently and totally disabled, or less than eighteen years of age at the time of the commission of the
offense.
(c) The following do not control the court's discretion, but shall be considered against imposing imprisonment for a
misdemeanor:
(1) The offense neither caused nor threatened serious physical harm to persons or property, or the offender did not
contemplate that it would so do;
(2) The offense was the result of circumstances unlikely to recur;
(3) The victim of the offense induced or facilitated it;
(4) There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(5) The offender acted under strong provocation;
(6) The offender has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial time
before commission of the present offense;
(7) The offender is likely to respond quickly to correctional or rehabilitative treatment.
(d) The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered
in determining whether to impose imprisonment for a misdemeanor.
(e) The court shall not impose a fine in addition to imprisonment for a misdemeanor, unless a fine is specially adapted to
deterrence of the offense or the correction of the offender, the offense has proximately resulted in physical harm to the
person or property of another, or the offense was committed for hire or for purpose of gain.
(f) The court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the court, exceeds
the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship
to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.
(g) At the time of sentencing or as soon as possible after sentencing, the court shall notify the victim of the offense of his
right to file an application for an award of reparations pursuant to RC 2743.51 to 2743.72.
(RC 2929.22; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.14
Disposition of Property Held by the Division of Police
(a) Any property, other than contraband that is subject to the provisions of RC 2933.43 and other than property that has
been lawfully seized in relation to a violation of RC 2933.42 or forfeited pursuant to federal law and required to be used for
law enforcement purposes, that has been lost, abandoned, stolen or lawfully seized or forfeited, and that is in the custody
of the Division of Police, shall be safely kept pending the time it is no longer needed as evidence, and disposed of pursuant
to this section.
(b) The Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, and
to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is
sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the
property in custody and inviting persons to view and establish their right to view and establish their right to it.
(c) A person loses any right he may have to possession of property if either of the following apply:
(1) Which was the subject, or was used in a conspiracy or attempt to commit, or the commission of an offense other than a
traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense;
(2) When a court determines that the property should be forfeited because, in light of the nature of the property or the
circumstances of such person, it is unlawful for him to acquire or possess it.
(d) Unclaimed and forfeited property in the custody of the Division, other than contraband that is subject to the provisions
of RC 2933.43 and other property that has been lawfully seized in relation to a violation of RC 2923.32, shall be disposed
of as follows:
(1) Drugs shall be destroyed, or placed in custody of the Secretary of the Treasury of the United States, for disposal or use
for medical or scientific purposes under applicable Federal law.
(2) Firearms and dangerous ordinances so seized and remaining unclaimed shall be destroyed after ninety days from date
of notice given pursuant to division (b) of this section. Proper records shall be kept listing type, serial number and date of
destruction. Records shall be open to public inspection.
(3) Obscene materials shall be destroyed.
(4) Other unclaimed or forfeited property shall be sold at public auction, subject to the provisions of division (a) of this
section, held no less than thirty days from the date of the newspaper notice provided for in division (b) of this section,
except that forfeited property, excluding money but including motor vehicles, notwithstanding division (f) of this section,
may be retained by the Division of Police, if the Chief of Police determines that it is suitable for use in the work of the
Division of Police.
(e) The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)
601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or
Stolen Parts
(a) For the purpose of locating stolen motor vehicles and/or stolen motor vehicle parts, the Chief of Police, or his
authorized representative, may inspect any motor vehicle, as defined in RC 4501.01 and may inspect any motor vehicle
part that has been marked with an identifying number by the manufacturer, situated in the City of Cleveland in any public
garage, community garage, storage garage, service garage, repair shop, parking lot, auto sales lot, vehicle leasing or rental
lot, motor vehicle salvage facility, scrap metal processing facility, auto wrecking yard, junk yard, or other similar
establishment, and may inspect the title, registration, vehicle identification number, or license plates of the vehicle in
order to establish the rightful ownership or possession of the vehicle or vehicle part.
(b) For the purpose of locating a stolen vehicle, the Chief of Police, or his authorized representative, may inspect
implements of husbandry and construction equipment in places described in division (a) of this section.
(c) Whenever possible, inspections conducted pursuant to division (a) or (b) of this section shall be conducted at a time
and in a manner so as to minimize any interference with, or delay of, business operations.
(d) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance of a police
officer from inspecting any place described in division (a), shall do any act which hampers or impedes a police officer from
making an inspection pursuant to this Section.
Whoever violates this Section is guilty of obstructing vehicle inspections, a misdemeanor of the second degree.
(Ord. No. 137-86. Passed 1-13-86, eff. 1-16-86)
601.99
Penalties for Misdemeanors
(a) Whoever is convicted of or pleads guilty to a misdemeanor as classified in the Codified Ordinances (the “offender”),
other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment
and fine shall be fixed by the court as provided in this section.
Whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of
Section 623.01 that is a misdemeanor, or a violation of division (a)(2) of Section 623.02 when the means used are fire or
explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with RC
2929.28.
Misdemeanor
Classification
1st degree
2nd degree
3rd degree
4th degree
Minor
(RC 2929.21)
Maximum
Imprisonment
Term
6 months
90 days
60 days
30 days
No imprisonment
Maximum
Fine
$1,000.00
750.00
500.00
250.00
150.00
(b) Notwithstanding the provisions of division (a) of this section, if the sentencing court determines that the victim of an
offense set forth in Section 619.04, 621.03, 621.06, 621.07, 621.09, 621.10, 621.11, 623.01, 623.02, 623.03, 623.04, 625.05,
625.07, 625.12, 625.17, 625.20 or 625.26 of these Codified Ordinances was sixty (60) years of age or older at the time of
the commission of the offense:
(1) In the case of offenses which are classified misdemeanors of the first degree, the court shall set the offender's fine at
$1,000.00 and in addition to said fine, shall sentence the offender to not less than sixty (60) days' and not more than six
(6) months' imprisonment.
(2) In the case of offenses which are classified minor misdemeanors or misdemeanors of the second, third or fourth
degree, the penalty for the offense shall be the next greater degree of misdemeanor than that which is set forth in the
section defining the offense.
A. In the case of offenses which become misdemeanors of the first degree pursuant to this division, the court shall set the
offender's fine at not less than $750.00 and, in addition to said fine, shall sentence the offender to not less than sixty (60)
days imprisonment.
B. In the case of offenses which become misdemeanors of the second degree pursuant to this division, the court shall set
the offender's fine at not less than $500.00 and, in addition to said fine, shall sentence the offender to not less than thirty
(30) days' imprisonment.
C. In the cases of offenses which become misdemeanors of the third degree pursuant to this division, the court shall set the
offender's fine at not less than $250.00 and, in addition to said fine, shall sentence the offender to not less than fifteen
(15) days' imprisonment.
D. In the case of offenses which become misdemeanors of the fourth degree pursuant to this division, the court shall set
the offender's fine at not less than $100.00 and, in addition to said fine, shall sentence the offender to not less than ten
(10) days' imprisonment.
(3) Where applicable, the court may require the offender to make restitution for all or part of the property damage that is
caused by his offense and for all or part of the value of the property that is the subject of any theft offense.
(4) The minimum fines and imprisonment to be imposed by the court pursuant to divisions (b)(1) and (b)(2) of this
section are mandatory. The court shall not suspend all or any portion of said minimum fines and imprisonment.
(c) Regardless of the penalties provided in division (a) of this section, an organization convicted of an offense pursuant to
Section 601.10 shall be fined, which fine shall be fixed by the court as follows:
Type of Misdemeanor
Maximum Fine
1st degree
$5,000.00
2nd degree
4,000.00
3rd degree
3,000.00
4th degree
2,000.00
Minor
1,000.00
Misdemeanor not specifically classified
2,000.00
Minor misdemeanor not specifically classified1,000.00
(1) When an organization is convicted of an offense not specifically classified, and the section defining the offense or
penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty
shall be imposed in lieu of the penalty provided in this division (c).
(2) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher
fine than that provided in this division (c), then the penalty imposed shall be pursuant to the penalty provided for
violation of the section defining the offense.
(3) This division (c) does not prevent the imposition of available civil sanctions against an organization convicted of an
offense pursuant to Section 601.10, either in addition to or in lieu of a fine imposed pursuant to this division (c). (RC
2929.31)
(Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)
PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE
Title I — General Offenses
Chapter 601 — General Provisions and Penalty
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Limitations of prosecution for income tax violations, RC 718.12
Judicial dissolution of corporation for criminal practices, RC 1701.91
Modification of sentence, RC 2929.20
Obstructing justice, CO 615.07
601.01
Definitions
As used in the Codified Ordinances:
(a) "Force" means any violence, compulsion or constraint physically exerted by any means upon or against a person or
thing.
(b) "Deadly force" means any force which carries a substantial risk that it will proximately result in the death of any
person.
(c) "Physical harm to persons" means any injury, illness or other physiological impairment, regardless of its gravity or
duration.
(d) "Physical harm to property" means any tangible or intangible damage to property which, in any degree, results in loss
to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned
by normal use.
(e) "Serious physical harm to persons" means any of the following:
(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric
treatment;
(2) Any physical harm which carries a substantial risk of death;
(3) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some
temporary, substantial incapacity;
(4) Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious
disfigurement;
(5) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves
any degree of prolonged or intractable pain.
(f) "Serious physical harm to property" means any physical harm to property which does either of the following:
(1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort or money to
repair or replace;
(2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use and enjoyment for
an extended period of time.
(g) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that
certain circumstances may exist.
(h) "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result
may occur or that certain circumstances may exist.
(i) "Offense of violence" means any of the following:
(1) A violation of Sections 605.01, 605.06, 621.03, 621.06, 621.07, 609.07, 623.01 and 627.02 of this General Offenses
Code.
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States,
substantially equivalent to any section listed in division (i)(1) of this section;
(3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other
state or the United States, committed, purposely or knowingly, and involving physical harm to persons or a risk of serious
physical harm to persons;
(4) A conspiracy or attempt to commit, or complicity in committing any offense under division (i)(1), (2) or (3) of this
section.
(j) (1) "Property" means any property, real or personal, tangible or intangible, and any interest or license in such property.
"Property" includes, but is not limited to, cable television service, computer data, computer software, financial
instruments associated with computers, and other documents associated with computers, or copies of the documents,
whether in machine or human readable form. "Financial instruments associated with computers" include, but are not
limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of
credit or debit cards, financial transaction authorization mechanisms, marketable securities or any computer system
representations of any of them.
(2) As used in this division and division (m) of this section, "cable television service," "computer," "computer software,"
"computer system," "computer network" and "data" have the same meaning as in Section 625.01.
(k) "Law enforcement officer" means any of the following:
(1) A sheriff, deputy sheriff, constable, marshal, deputy marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under RC 3735.31(D) or State highway patrolman;
(2) An officer, agent or employee of the State or any of its agencies, instrumentalities or political subdivisions, upon
whom, by statute, charter or ordinance, a duty to conserve the peace or to enforce all or certain laws is imposed and the
authority to arrest violators is conferred, within the limits of such statutory duty and authority;
(3) A mayor in his capacity as chief conservator of the peace within his municipal corporation;
(4) A member of an auxiliary police force organized by county, township or municipal law enforcement authorities, within
the scope of such member's appointment or commission;
(5) A person lawfully called pursuant to RC 311.07 to aid a sheriff in keeping the peace, for the purposes and during the
time when such person is called;
(6) A person appointed by a mayor pursuant to RC 737.01 as a special patrolman or officer during riot or emergency, for
the purposes and during the time when such person is appointed;
(7) A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against domestic violence;
(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer or municipal prosecutor.
(9) An Ohio veterans' home policeman appointed under RC 5907.02.
(RC 2901.01 (A) through (K); Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
601.02
Classification of Offenses
As used in the General Offenses Code:
(a) Offenses include misdemeanors of the first, second, third and fourth degree, minor misdemeanors and offenses not
specifically classified.
(b) Regardless of the penalty which may be imposed, any offense specifically classified as a misdemeanor is a
misdemeanor.
(c) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as
a penalty.
(d) Any offense not specifically classified is a minor misdemeanor if the only penalty which may be imposed is a fine not
exceeding one hundred dollars ($100.00).
(RC 2901.02; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.03
Common Law Offenses Abrogated
(a) No conduct constitutes a criminal offense against the City unless it is defined as an offense in the Codified Ordinances.
(b) An offense is defined when one or more sections of the Codified Ordinances state a positive prohibition or enjoin a
specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.
(RC 2901.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.04
Rules of Construction
Sections of the General Offenses Code defining offenses or penalties shall be strictly construed against the City and
liberally construed in favor of the accused.
(RC 2901.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.05
Limitation of Criminal Prosecution
(a) Except as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following
periods after an offense is committed:
(1) For a misdemeanor other than a minor misdemeanor, two years;
(2) For a minor misdemeanor, six months.
(b) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an
offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by
an aggrieved person, or by his legal representative who is not himself a party to the offense.
(c) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an offense
involving misconduct in office by a public servant as defined in Section 615.01, at any time while the accused remains a
public servant, or within two years thereafter.
(d) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a
continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first.
(e) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a
warrant, summons, citation or other process, unless reasonable diligence is exercised to execute the same.
(f) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
(g) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the
accused absented himself from this State or concealed his identity or whereabouts is prima-facie evidence of his purpose
to avoid prosecution.
(h) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is
pending in this State, even though the indictment, information, or process which commenced the prosecution is quashed
or the proceedings thereon are set aside or reversed on appeal.
(RC 2901.13; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.06
Requirements for Criminal Liability
(a) Except as provided in subsection (b) hereof, a person is not guilty of an offense unless both of the following apply:
(1) His liability is based on conduct which includes either a voluntary act, or an omission to perform an act or duty which
he is capable of performing;
(2) He has the requisite degree of culpability for each element as to which a culpable mental state is specified by the
section defining the offense.
(b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to
impose strict criminal liability for the conduct described in such section, then culpability is not required for a person to be
guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability,
recklessness is sufficient culpability to commit the offense.
(c) As used in this section:
(1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his
control thereof for a sufficient time to have ended his possession.
(2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise
a product of the actor's volition, are involuntary acts.
(3) "Culpability" means purpose, knowledge, recklessness or negligence, as defined in Section 601.07, or any other specific
mental state required by any section of this Code.
(RC 2901.21; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.07
Culpable Mental States
(a) A person acts purposely when it is his specific intention to cause a certain result, or when the gist of the offense is a
prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is his
specific intention to engage in conduct of that nature.
(b) A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain
result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such
circumstances probably exist.
(c) A person acts recklessly when, with heedless indifference to the consequences, he perversely disregards a known risk
that his conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to
circumstances when, with heedless indifference to the consequences, he perversely disregards a known risk that such
circumstances are likely to exist.
(d) A person acts negligently when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that his
conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances
when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that such circumstances may exist.
(e) When the section defining an offense provides that negligence suffices to establish an element thereof, then
recklessness, knowledge or purpose is also sufficient culpability for such element. When recklessness suffices to establish
an element of an offense, then knowledge or purpose is also sufficient culpability for such element. When knowledge
suffices to establish an element of an offense, then purpose is also sufficient culpability for such element.
(RC 2901.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.08
Attempt
(a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an
offense, shall engage in conduct which, 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 which 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 effort to commit the offense or
otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his
criminal purpose.
(e) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit any misdemeanor is a
misdemeanor of the next lesser degree than the misdemeanor attempted. In the case of an attempt to commit an offense
other than a violation of RC Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree
if the offense attempted is a felony under the Revised Code, and a misdemeanor of the fourth degree if the offense
attempted is a misdemeanor. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense
under this section.
(RC 2923.02; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.09
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 RC 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 Section 601.08.
(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, when it charges the jury, shall state substantially the following:
"The testimony of an accomplice does not become inadmissible because of his complicity, moral turpitude, or self-interest,
but the admitted or claimed complicity of a witness may affect his credibility and make his testimony subject to grave
suspicion, and require that it be weighed with great caution."
"It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and
to determine its quality and worth or its lack of quality and worth."
(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 complicity, under circumstances manifesting a complete and voluntary renunciation of
his 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 were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the
principal offense.
(RC 2923.03; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.10
Organizational Criminal Liability
(a) An organization may be convicted of an offense under any of the following circumstances:
(1) The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf
and within the scope of his office or employment, except that if the section defining the offense designates the officers,
agents or employees for whose conduct the organization is accountable or the circumstances under which it is
accountable, such provisions shall apply.
(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is
committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or
employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct
the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.
(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.
(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was
authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high
managerial officer, agent, or employee acting in behalf of the organization and within the scope of his office or
employment.
(b) When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be
presumed, unless the contrary plainly appears.
(c) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that
the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense
exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the
purpose of the section defining the offense.
(d) As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited
partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity. "Organization"
does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(RC 2901.23; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.11
Personal Accountability for Organizational Conduct
(a) An officer, agent or employee of an organization as defined in Section 601.10 may be prosecuted for an offense
committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any
of the following apply:
(1) In the name of the organization or in its behalf, he engages in conduct constituting the offense, or causes another to
engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility;
(2) He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
(b) When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted
in his own behalf.
(RC 2901.24; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
601.12
Repeat and Dangerous Offenders
As used in Section 601.13:
(a) "Repeat offender" means a person who has a history of persistent criminal activity, and whose character and condition
reveal a substantial risk that he will commit another offense. It is prima-facie evidence that a person is a repeat offender if
any of the following apply:
(1) Having been convicted of one or more offenses of violence, as defined in RC 2901.01 and Section 601.01(i), and having
been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense of violence;
(2) Having been convicted of one or more sex offenses as defined in RC 2950.01 or Section 619.01, and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent sex offense;
(3) Having been convicted of one or more theft offenses as defined in RC 2913.01 or Section 625.01, and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent theft offense;
(4) Having been convicted of one or more felony drug abuse offenses as defined in RC Chapter 2925. and having been
imprisoned pursuant to sentence for any such offense, he commits a subsequent felony drug abuse offense;
(5) Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense,
he commits a subsequent offense;
(6) Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication
offenses or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he commits a
subsequent offense.
(b) "Dangerous offender" means a person who has committed an offense, whose history, character, and condition reveal a
substantial risk that he will be a danger to others, and whose conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to the consequences.
(c) "Actual incarceration" means that an offender is required to be imprisoned for the stated period of time to which he is
sentenced that is specified as a term of actual incarceration. If a person is sentenced to a term of actual incarceration, the
court shall not suspend his term of actual incarceration, and shall not grant him probation or shock probation, pursuant to
RC 2929.51, 2947.061, 2951.02, or 2951.04, and the department of rehabilitation and correction or the adult parole
authority shall not, pursuant to RC Chapter 2967. its rules adopted pursuant to RC Chapter 2967., 5120., or 5149. of the
Revised Code, grant him a furlough for employment or education, a furlough for being a trustworthy prisoner other than a
furlough pursuant to division (A)(1)(a) or (b) of RC 2967.27, parole, emergency parole, or shock parole until after the
expiration of his term of actual incarceration, diminished as provided in RC 2967.19, 2967.193, and 5145.11.
An offender who is sentenced to a term of actual incarceration may be transferred from an institution operated by the
department of rehabilitation and correction to the custody of the department of mental health or the department of
mental retardation and developmental disabilities, as provided in RC 5120.17, and shall be credited with all time served in
the custody of the department of mental health or the department of mental retardation and developmental disabilities
against the term of actual incarceration.
(d) "Deadly weapon" has the same meaning as in section 627.01.
(RC 2929.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.13
Considerations for Imposing Penalties
(a) In determining whether to impose imprisonment or a fine, or both, for a misdemeanor, and in determining the term of
imprisonment and the amount and method of payment of a fine, the court shall consider the risk that the offender will
commit another offense and the need for protecting the public from the risk; the nature and circumstances of the offense;
the history, character, and condition of the offender and his need for correctional or rehabilitative treatment; any
statement made by the victim, if the offense is a misdemeanor specified in division (A) of RC 2930.01; and the ability and
resources of the offender and the nature of the burden that payment of a fine will impose on him.
(b) The following do not control the court's discretion, but shall be considered in favor of imposing imprisonment for a
misdemeanor:
(1) The offender is a repeat or dangerous offender;
(2) Regardless of whether or not the offender knew the age of the victim, the victim of the offense was sixty-five years of
age or older, permanently and totally disabled, or less than eighteen years of age at the time of the commission of the
offense.
(c) The following do not control the court's discretion, but shall be considered against imposing imprisonment for a
misdemeanor:
(1) The offense neither caused nor threatened serious physical harm to persons or property, or the offender did not
contemplate that it would so do;
(2) The offense was the result of circumstances unlikely to recur;
(3) The victim of the offense induced or facilitated it;
(4) There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(5) The offender acted under strong provocation;
(6) The offender has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial time
before commission of the present offense;
(7) The offender is likely to respond quickly to correctional or rehabilitative treatment.
(d) The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered
in determining whether to impose imprisonment for a misdemeanor.
(e) The court shall not impose a fine in addition to imprisonment for a misdemeanor, unless a fine is specially adapted to
deterrence of the offense or the correction of the offender, the offense has proximately resulted in physical harm to the
person or property of another, or the offense was committed for hire or for purpose of gain.
(f) The court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the court, exceeds
the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship
to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.
(g) At the time of sentencing or as soon as possible after sentencing, the court shall notify the victim of the offense of his
right to file an application for an award of reparations pursuant to RC 2743.51 to 2743.72.
(RC 2929.22; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
601.14
Disposition of Property Held by the Division of Police
(a) Any property, other than contraband that is subject to the provisions of RC 2933.43 and other than property that has
been lawfully seized in relation to a violation of RC 2933.42 or forfeited pursuant to federal law and required to be used for
law enforcement purposes, that has been lost, abandoned, stolen or lawfully seized or forfeited, and that is in the custody
of the Division of Police, shall be safely kept pending the time it is no longer needed as evidence, and disposed of pursuant
to this section.
(b) The Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, and
to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is
sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the
property in custody and inviting persons to view and establish their right to view and establish their right to it.
(c) A person loses any right he may have to possession of property if either of the following apply:
(1) Which was the subject, or was used in a conspiracy or attempt to commit, or the commission of an offense other than a
traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense;
(2) When a court determines that the property should be forfeited because, in light of the nature of the property or the
circumstances of such person, it is unlawful for him to acquire or possess it.
(d) Unclaimed and forfeited property in the custody of the Division, other than contraband that is subject to the provisions
of RC 2933.43 and other property that has been lawfully seized in relation to a violation of RC 2923.32, shall be disposed
of as follows:
(1) Drugs shall be destroyed, or placed in custody of the Secretary of the Treasury of the United States, for disposal or use
for medical or scientific purposes under applicable Federal law.
(2) Firearms and dangerous ordinances so seized and remaining unclaimed shall be destroyed after ninety days from date
of notice given pursuant to division (b) of this section. Proper records shall be kept listing type, serial number and date of
destruction. Records shall be open to public inspection.
(3) Obscene materials shall be destroyed.
(4) Other unclaimed or forfeited property shall be sold at public auction, subject to the provisions of division (a) of this
section, held no less than thirty days from the date of the newspaper notice provided for in division (b) of this section,
except that forfeited property, excluding money but including motor vehicles, notwithstanding division (f) of this section,
may be retained by the Division of Police, if the Chief of Police determines that it is suitable for use in the work of the
Division of Police.
(e) The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles.
(Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)
601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or
Stolen Parts
(a) For the purpose of locating stolen motor vehicles and/or stolen motor vehicle parts, the Chief of Police, or his
authorized representative, may inspect any motor vehicle, as defined in RC 4501.01 and may inspect any motor vehicle
part that has been marked with an identifying number by the manufacturer, situated in the City of Cleveland in any public
garage, community garage, storage garage, service garage, repair shop, parking lot, auto sales lot, vehicle leasing or rental
lot, motor vehicle salvage facility, scrap metal processing facility, auto wrecking yard, junk yard, or other similar
establishment, and may inspect the title, registration, vehicle identification number, or license plates of the vehicle in
order to establish the rightful ownership or possession of the vehicle or vehicle part.
(b) For the purpose of locating a stolen vehicle, the Chief of Police, or his authorized representative, may inspect
implements of husbandry and construction equipment in places described in division (a) of this section.
(c) Whenever possible, inspections conducted pursuant to division (a) or (b) of this section shall be conducted at a time
and in a manner so as to minimize any interference with, or delay of, business operations.
(d) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance of a police
officer from inspecting any place described in division (a), shall do any act which hampers or impedes a police officer from
making an inspection pursuant to this Section.
Whoever violates this Section is guilty of obstructing vehicle inspections, a misdemeanor of the second degree.
(Ord. No. 137-86. Passed 1-13-86, eff. 1-16-86)
601.99
Penalties for Misdemeanors
(a) Whoever is convicted of or pleads guilty to a misdemeanor as classified in the Codified Ordinances (the “offender”),
other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment
and fine shall be fixed by the court as provided in this section.
Whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of
Section 623.01 that is a misdemeanor, or a violation of division (a)(2) of Section 623.02 when the means used are fire or
explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with RC
2929.28.
Misdemeanor
Classification
1st degree
2nd degree
3rd degree
4th degree
Minor
(RC 2929.21)
Maximum
Imprisonment
Term
6 months
90 days
60 days
30 days
No imprisonment
Maximum
Fine
$1,000.00
750.00
500.00
250.00
150.00
(b) Notwithstanding the provisions of division (a) of this section, if the sentencing court determines that the victim of an
offense set forth in Section 619.04, 621.03, 621.06, 621.07, 621.09, 621.10, 621.11, 623.01, 623.02, 623.03, 623.04, 625.05,
625.07, 625.12, 625.17, 625.20 or 625.26 of these Codified Ordinances was sixty (60) years of age or older at the time of
the commission of the offense:
(1) In the case of offenses which are classified misdemeanors of the first degree, the court shall set the offender's fine at
$1,000.00 and in addition to said fine, shall sentence the offender to not less than sixty (60) days' and not more than six
(6) months' imprisonment.
(2) In the case of offenses which are classified minor misdemeanors or misdemeanors of the second, third or fourth
degree, the penalty for the offense shall be the next greater degree of misdemeanor than that which is set forth in the
section defining the offense.
A. In the case of offenses which become misdemeanors of the first degree pursuant to this division, the court shall set the
offender's fine at not less than $750.00 and, in addition to said fine, shall sentence the offender to not less than sixty (60)
days imprisonment.
B. In the case of offenses which become misdemeanors of the second degree pursuant to this division, the court shall set
the offender's fine at not less than $500.00 and, in addition to said fine, shall sentence the offender to not less than thirty
(30) days' imprisonment.
C. In the cases of offenses which become misdemeanors of the third degree pursuant to this division, the court shall set the
offender's fine at not less than $250.00 and, in addition to said fine, shall sentence the offender to not less than fifteen
(15) days' imprisonment.
D. In the case of offenses which become misdemeanors of the fourth degree pursuant to this division, the court shall set
the offender's fine at not less than $100.00 and, in addition to said fine, shall sentence the offender to not less than ten
(10) days' imprisonment.
(3) Where applicable, the court may require the offender to make restitution for all or part of the property damage that is
caused by his offense and for all or part of the value of the property that is the subject of any theft offense.
(4) The minimum fines and imprisonment to be imposed by the court pursuant to divisions (b)(1) and (b)(2) of this
section are mandatory. The court shall not suspend all or any portion of said minimum fines and imprisonment.
(c) Regardless of the penalties provided in division (a) of this section, an organization convicted of an offense pursuant to
Section 601.10 shall be fined, which fine shall be fixed by the court as follows:
Type of Misdemeanor
Maximum Fine
1st degree
$5,000.00
2nd degree
4,000.00
3rd degree
3,000.00
4th degree
2,000.00
Minor
1,000.00
Misdemeanor not specifically classified
2,000.00
Minor misdemeanor not specifically classified1,000.00
(1) When an organization is convicted of an offense not specifically classified, and the section defining the offense or
penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty
shall be imposed in lieu of the penalty provided in this division (c).
(2) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher
fine than that provided in this division (c), then the penalty imposed shall be pursuant to the penalty provided for
violation of the section defining the offense.
(3) This division (c) does not prevent the imposition of available civil sanctions against an organization convicted of an
offense pursuant to Section 601.10, either in addition to or in lieu of a fine imposed pursuant to this division (c). (RC
2929.31)
(Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)
Title I — General Offenses
Chapter 604 — Vicious Dogs
Complete to June 30, 2010
604.01
Definitions
For the purpose of this chapter, the following definitions shall apply, unless the context shall indicate another or different
meaning or intent:
(a) "Animal warden" means the chief dog warden of the City of Cleveland or his duly authorized representatives.
(b) "Dangerous Dog" means a dog that, without provocation, has chased or approached in either a menacing fashion or an
apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises
of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other
responsible person or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other
locked enclosure which has a top, or any dog which, on three separate occasions within a twelve (12) month period has
been impounded by the City Animal Warden for being unrestrained or uncontrolled off its owner's, keeper's, or harborer's
premises.
(c) "Domestic Animal" means a tamed animal.
(d) "Impounded" means taken into the custody of the public pound in the City of Cleveland.
(e) "Law Enforcement Officer" has the same meaning as division (k) of Section 601.01 of these Codified Ordinances.
(f) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that
the dog will cause physical injury to that person.
(g) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an
interest in, or having control or custody of an animal.
(h) "Person" means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, or
trust.
(i) "Police dog" means a dog that has been trained, certified and/or approved by the state and may be used, to assist one or
more law enforcement officers in the performance of their official duties.
(j) "Serious injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or
cosmetic surgery.
(k) "Vicious dog" means a dog that, without provocation, meets any of the following:
(1) Has killed or caused serious injury to any person;
(2) Has caused injury, other than killing or serious injury, to any person, or has killed or caused serious injury to any
domestic animal;
(3) Belongs to a breed that is commonly known as a "pit bull" dog, the ownership, keeping, or harboring of such a breed of
dog shall be prima facie evidence of the ownership, keeping, or harboring of a vicious dog.
(4) Is owned, kept or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(l) "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog was not
coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the
dog as a means of carrying out such activity.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted 10-20-99 CR)
604.02
Exemptions
(a) The provisions of this chapter shall not include a police dog.
(b) Notwithstanding the definition of a vicious dog in Section 604.01, no dog may be declared vicious if:
(1) An injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a
willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting,
abusing or assaulting the dog or was committing or attempting to commit a crime;
(2) An injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was
teasing, tormenting, abusing or assaulting the dog or was trespassing upon premises occupied by the owner or keeper of
the dog; or
(3) The dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack
or assault.
(4) The dog is:
A. within the confines or on the property of the Cleveland Convention Center as defined in Section 133.12 or other
premises classified as assembly use structures under Group A-3 of the Ohio Basic Building Code; and
B. under the control and supervision of an owner who has entered the dog in a show or exhibition in the premises
described in division (b)(4)A. of this section.
(c) The owner, keeper or harborer of a vicious or dangerous dog is not liable in damages for any injury, death or loss to
person or property caused by such dog, if such injury, death or loss was caused to the person or property of an individual
who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the
owner, keeper or harborer or was committing or attempting to commit a criminal offense against any person, or was
teasing, tormenting, or abusing the dog or the owner, keeper or harborer's property.
(d) Dogs conforming to division (k)(3) of Section 604.01 that are not in violation of divisions (k)(1) or (k)(2) of Section
604.01, that have successfully completed any of the following title certificates, awarded from any of the authorized
agencies, shall be exempt from this section.
(1) The owner of the dog shall provide a copy of the certificate to the Dog Warden, who shall keep the certificate on file.
The certificate must contain the name of the individual dog, the name of the owner, and a date noting when the title
certificate was successfully completed.
(2) The owner shall submit a photograph of the dog to the Dog Warden, who shall keep the photograph on file.
(3) The owner, keeper or harborer shall have the dog tattooed or microchipped to secure positive identification, and shall
submit to the Dog Warden the microchip implantation number or tattoo number assigned to the dog. The Dog Warden
shall keep the documentation on file.
(4) The owner shall submit proof of a valid County License tag to the Dog Warden at time of application for exemption
status.
(e) Acceptable Title certificates are:
(1) Companion Dog;
(2) Canine Good Citizen;
(3) Temperament Test.
(f) Authorized agencies are any member or sanctioned Kennel, Obedience, or Specialty club that is authorized to hold
conformation or obedience shows under the official guidelines as set forth by the American Kennel Club, United Kennel
Club, or Canadian Kennel Club, or the American Temperament Test Society.
(g) The Dog Warden, upon receiving all documentation pertinent to the exemption status, shall issue such dog an
exemption tag. The exemption tag fee is Ten Dollars ($10.00).
(h) The owner of an exempted dog shall securely fasten the exemption tag to a substantial collar worn by such dog at all
times. A valid County license tag shall also be affixed to such collar at all times. Such collar and tags may only be removed
if said dog is:
(1) Actively engaged in lawful hunting, or
(2) The dog is competing in a dog show or other event where event rules prohibit the dog from wearing a collar and/or
tags, or
(3) The dog is confined as defined in division (a) of Section 604.03.
(i) The fee charged for replacement of a lost exemption tag shall be Five Dollars ($5.00).
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted 10-20-99 CR)
604.03
Control of Vicious and Dangerous Dogs
No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is
legally engaged in training for the purpose of hunting, herding, agility or dog competition events, accompanied by the
owner, keeper, harborer, or a handler:
(a) While the dog is on the premises of the owner, keeper, harborer or handler, it must be securely confined indoors, or in
a locked pen which has a top, the dimensions of which should be at least five feet by ten feet, and must have secure sides
and a secure top. If such structure should have no bottom secured to the sides, the sides must be imbedded into the
ground no less than two feet. Such structure must be suitable to prevent the entry of young children and designed to
prevent the dog from escaping, or in a locked fenced yard which fence is at least six feet high. Any enclosure must provide
protection from the elements for the dog.
(b) While the dog is off the premises of the owner, keeper or harborer, keep it on a substantial collar and leash or tether
not exceeding six feet in length and additionally shall do the following:
(1) Keep the dog in a locked pen which has a top, locked fenced yard of at least six (6) feet high, or other locked enclosure
which has a top; or
(2) Have the leash or tether controlled by a person who is at least eighteen (18) years of age or securely attach, tie, or affix
the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such
person in close enough proximity to the dog so as to prevent it from causing injury to any person; and
(3) Muzzle the dog. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision
or respiration but must prevent it from biting any person or animal.
(c) No owner, keeper or harborer of the dog shall permit the unmuzzled dog at anytime to be on a public street, highway,
park, building, or other public place.
(d) A dog declared to be dangerous or vicious by violating division (b) of Section 604.01 or divisions (k)(1) or (k)(2) of
Section 604.01 shall, at the expense of such owner, keeper, or harborer, be tattooed or microchipped to secure positive
identification.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted 10-20-99 CR)
604.04
Insurance; Signs; Notification
(a) All owners, keepers or harborers of vicious dogs shall obtain a policy of liability insurance with an insurer authorized to
write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and
costs, of not less than one hundred thousand dollars ($100,000.00) because of damage or bodily injury to or death of a
person caused by the vicious dog. All owners, keepers or harborers of vicious dogs shall provide a copy of the policy for
liability insurance to the Animal Warden on a yearly basis.
(b) All persons who presently own, keep or harbor a vicious dog must obtain a policy of liability insurance within thirty
(30) days of the effective date of this section.
(c) Upon request of the Dog Warden, the owner of a vicious dog shall produce proof of liability insurance forthwith.
Failure to furnish proof of liability insurance may result in the impounding of the dog by the Dog Warden until such proof
is furnished.
(d) All owners, keepers or harborers of vicious or dangerous dogs shall have posted and displayed at each possible
entrance onto the premises where the vicious or dangerous dog is kept a conspicuous sign, clearly legible, and easily
readable by the public warning that there is a vicious or dangerous dog on the premises. Such sign shall be at least eight
(8) inches by ten (10) inches in rectangular dimensions and shall contain only the words "VICIOUS DOG" or
"DANGEROUS DOG" in lettering not less than two (2) inches in height. Such sign should also include a visual symbol for
any children or people who cannot read words.
(e)(1) The owner of a vicious or dangerous dog shall notify the animal warden within twenty-four (24) hours if the vicious
or dangerous dog is on the loose, is unconfined, has attacked another animal, has attacked any person, has died, or
transfer of ownership or possession of the dog has occurred.
(2) If there has been a transfer of possession or ownership of a dangerous or vicious dog, within ten (10) days after such
transfer of ownership or possession, the seller, transferor, owner, keeper or harborer shall provide a completed copy of a
written form to the animal warden on which the seller, transferor, owner, keeper or harborer shall furnish the following
information:
A. The name and address of the buyer or other transferee of the dog:
B. The age, sex, color, breed, and registration number of the dog.
C. In addition, the seller, transferrer, owner, keeper or harborer shall answer the following questions which shall be
specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior
occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person or other animal? If yes, describe the incident(s) in which the
behavior occurred."
The animal warden shall furnish the form to the seller or transferor at no cost.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted 10-20-99 CR)
604.05
Miscellaneous
(a) The animal warden is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the
provisions of this section, and to seize and impound any vicious or dangerous dog whose owner, keeper or harborer fails to
comply with the provisions hereof. In the event that the owner of the dog refuses to surrender the animal to the animal
warden, the animal warden may request a law enforcement officer to obtain a search or arrest warrant to seize the dog.
(b) In the event that a law enforcement officer has probable cause to believe that a vicious or dangerous dog is being
harbored, housed or cared for in violation of this section, the law enforcement officer may petition a court of competent
jurisdiction to order the seizure and impoundment of the dog pending trial.
(c) In the event that the owner of the vicious or dangerous dog is a minor, the parent or guardian of such minor shall be
liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by
said vicious or dangerous dog.
(d) For purposes of division (a) of Section 604.03, testimony that a vicious or dangerous dog was unconfined on the
premises of its owner, or that a vicious or dangerous dog was beyond the premises of its owner and was not secured in
accordance with division (b) of Section 604.03, shall be prima facie evidence that such owner suffered or permitted such
dog to go unconfined on the premises of such owner or suffered or permitted such dog to go beyond the premises of such
owner when not securely leashed according to Section 604.03.
(Ord. No. 304-A-89. Passed 6-19-89, eff. 6-28-89; Reprinted 8-2-89 CR)
604.99
Penalties
(a) If a violation of division (a), (b) or (c) of Section 604.03 involved a dangerous dog, whoever violates that Section is
guilty of a misdemeanor of the second degree on a first offense and of a misdemeanor of the first degree on each
subsequent offense and shall be fined one thousand dollars ($1,000.00) which fine shall be mandatory, and shall not be
suspended or remitted. Additionally, the Court may order the offender: (i) to personally supervise the dangerous dog that
he owns, keeps or harbors, (ii) to cause that dog to complete dog obedience training, (iii) to attend a class on responsible
pet ownership and dog behavior, or (iv) to do all three. The Court, in the alternative, may order the dangerous dog to be
humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society. For repeat
offenders of animal control laws under Sections 603.02 and 603.04, the Court may require the owner to attend a class on
responsible pet ownership and dog behavior.
(b) If a violation of division (a), (b) or (c) of Section 604.03 involved a vicious dog, whoever violates that section may be
found guilty of a misdemeanor of the first degree on a first offense. When any person is found guilty of a misdemeanor of
the first degree such person shall be fined one thousand dollars ($1,000.00) which fine shall be mandatory, and shall not
be suspended or remitted. The Court may order the dog to be spayed or neutered at the owner's, keeper's or harborer's
expense. Additionally, the Court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the
County Dog Warden, or the County Humane Society.
(c) Any owner who does not obtain the liability insurance coverage required under divisions (a) or (b) of Section 604.04
shall be found guilty of a misdemeanor of the first degree.
(d) Any owner that is found to be in violation of division (d) of Section 604.03 shall be found guilty of a misdemeanor of
the first degree.
(e) Any owner that is found to be in violation of division (d) of Section 604.02 shall be found guilty of a misdemeanor of
the first degree.
(f) Any owner that is found to be in violation of division (h) of Section 604.02 shall be found guilty of a misdemeanor of
the first degree.
(g) Any owner found to own, keep, or harbor a dog wearing a fictitious, altered, or invalid exemption tag shall be found
guilty of a misdemeanor of the first degree.
(h) Any exempted dog conforming to division (k)(3) of Section 604.01 that is found to be in violation of divisions (k)(1) or
(k)(2) of Section 604.01 shall forfeit its exemption status permanently.
(i) Any owner who is found guilty of violating divisions (c) or (d) of Section 604.04 shall be found guilty of a misdemeanor
of the first degree and shall be fined one hundred dollars ($100.00) on each subsequent offense which fine shall be
mandatory and shall not be suspended or remitted.
(j) Any owner found guilty of violating this chapter shall pay all expenses, including shelter, food, veterinary expenses for
identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of
the vicious or dangerous dog for the protection of the public, and such other expenses as may be required for the
destruction of any such dog.
(k) An amount equal to the amount of fines and penalties imposed pursuant to this section shall annually be contributed
to and used for the benefit of the Division of Animal Control Services.
(l) This Section shall not apply whenever the conduct proscribed in this chapter constitutes a felony under RC 955.99.
(Ord. No. 305-10. Passed 5-10-10, eff. 5-20-10)
Title I — General Offenses
Chapter 605 — Disorderly Conduct and Activity
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Use of force to suppress riot, RC 2917.05
Cordoning off riot areas, prohibiting sales of firearms and explosives, RC 3761.16
Emergency suspension of permits and sales by Director of Liquor Control, RC 4301.251
Noise from ice cream peddlers, CO 245.17
Muffler noise, CO 437.20
Loitering near taxicabs, CO 443.30
Regulations for behavior at markets, CO 553.08
Disorderly behavior prohibited in parks, CO 559.45
Disorderly conduct at airports, CO 571.18
Criminal trespass, CO 623.04
Unfair labor practice defined, CO 661.01
Pictures inciting race violence, CO 667.02
Amusement park noise, CO 687.05
Disorderly conduct in dance halls, CO 690.09
Public dances causing excessive noise, CO 690.12
605.01
Riot
(a) No person shall participate with four or more others in a course of disorderly conduct in violation of Section 605.03:
(1) With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;
(2) With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose
to hinder, impede or obstruct a function of government;
(3) With purpose to hinder, impede or obstruct the orderly process of administration or instruction at an educational
institution, or to interfere with or disrupt lawful activities carried on at such institution.
(b) No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even
though such act might otherwise be lawful.
(c) Whoever violates this section is guilty of riot, a misdemeanor of the first degree.
(RC 2917.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
605.02
Failure to Disperse
(a) Where five or more persons are participating in a course of disorderly conduct in violation of Section 605.03, and there
are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of
serious public inconvenience, annoyance or alarm, a law enforcement officer or other public official may order the
participants and such other persons to disperse. No person shall knowingly fail to obey such order.
(b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
(c) Whoever violates this section is guilty of failure to disperse, a misdemeanor of the first degree. (RC Section 2917.04)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
605.03
Disorderly Conduct; Intoxication
(a) No person shall recklessly cause inconvenience, annoyance or alarm to another, by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and
grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate
breach of the peace;
(3) Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent
response;
(4) Hindering or preventing the movement of persons on a public street, road, highway or right of way, or to, from, within
or upon public or private property, so as to interfere with the rights of others, and by any act which serves no lawful and
reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or
property, by any act which serves no lawful and reasonable purpose of the offender.
(b) No person, while voluntarily intoxicated shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause
inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if he were not
intoxicated, should know is likely to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property
of another.
(c) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft,
or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (b) hereof.
(d) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is
voluntarily intoxicated for purposes of division (b) of this section.
(e) Whoever violates this section is guilty of disorderly conduct, a minor misdemeanor. If the offender persists in
disorderly conduct after reasonable warning or request to desist, disorderly conduct is a misdemeanor of the first degree.
(RC Section 2917.11)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
605.031
Aggressive Solicitation
(a) For purpose of this section:
(1) “Aggressive manner” means as follows:
A. Approaching, seeking, or following a person before, during, or after solicitation if that conduct is intended, or likely to
cause, a reasonable person to (i) fear bodily harm to oneself or another, (ii) fear damage to or loss of property, or (iii) be
intimidated;
B. Intentionally or recklessly touching or causing physical contact with another person without that person's consent in
the course of soliciting if the touching or physical conduct is likely to cause a reasonable person to feel restrained or
intimidated;
C. Continuing to solicit from a person after the person has given a negative response;
D. Intentionally or recklessly blocking the safe or free passage of a person or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to avoid physical contact. Acts authorized by a lawfully
issued permit shall not constitute obstruction of pedestrian traffic for purposes of this section; or
E. Intentionally or recklessly using obscene, abusive, or threatening language, or gestures, toward a person being solicited.
(2) “Automated-teller machine” means a device, linked to a financial institution's account records, that is able to carry out
transactions, including, but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage
and loan payments.
(3) “Automated-teller machine facility” means the area comprised of one or more automated-teller machines, and any
adjacent space that is made available to banking customers.
(4) “Public property” means all property owned, operated or controlled by any governmental agency, including but not
limited to streets, public sidewalks, tree lawns, parks, playgrounds, publicly-owned parking lots, schools, libraries, post
offices, municipal transit facilities and other public lands and buildings.
(5) “Solicit” or “soliciting” means to request an immediate donation of money or other thing of value from another person,
regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without
limitation, by the spoken, written, or printed word, by gesture or by other means of communication.
(b) No person shall solicit:
(1) In an aggressive manner;
(2) Within twenty feet of any automated-teller machine without the consent of the owner or other person legally in
possession of the machine, provided, however, that when an automated-teller machine is located within an automatedteller machine facility, the distance shall be measured from the entrance or exit of the automated-teller machine facility;
(3) Within twenty feet of a bus stop, rapid-transit shelter, or bus shelter;
(4) Within twenty feet of a line of pedestrians waiting to obtain access to a building or event;
(5) Within twenty feet of the area of the sidewalk used by an outdoor restaurant under a temporary public right-of-way
occupancy permit issued under Chapter 513 of the Codified Ordinances or by a vendor under a permit issued under
Chapter 508, Section 675.06, or Section 675.07 of the Codified Ordinances;
(6) Within twenty feet of a valet zone established under Section 451.33 of the Codified Ordinances;
(7) Within fifteen feet of any pay telephone, provided, however, that when a pay telephone is located within a telephone
booth or other facility, the distance shall be measured from the entrance or exit of the telephone booth or facility;
(8) Within fifteen feet of the entrance or exit of any public toilet facility;
(9) On public property within ten feet of an entrance to a building;
(10) On public property within ten feet of an entrance to a parking lot;
(11) On a public street, by intentionally or recklessly blocking the safe or free passage of a person or vehicle.
(c) Whoever violates division (b)(1) of this section shall be guilty of a misdemeanor of the fourth degree for a first offense,
a misdemeanor of the third degree for a second offense, and a misdemeanor of the first degree for a third and subsequent
offense. Whoever violates any provision in division (b)(2) through (b)(10) of this section shall be guilty of a minor
misdemeanor for a first offense, and a misdemeanor of the fourth degree for a second and subsequent offense. A separate
offense shall be deemed committed each day during or on which an offense occurs or continues.
(d) The Director of Public Safety shall report to this Council by December 31 of each year on the enforcement activity
under this section that occurred in the twelve-month period prior to the report, or such longer period as may be necessary
to cover all enforcement activity since the last report. The first report shall be made in 2007. Each report shall include,
without limitation, the hours of time expended by the Division of Police in enforcement, the total number of cases, and the
gender, race and age of each offender.
(Ord. No. 880-06. Passed 11-27-06, eff. 12-1-06)
Note: Former section 605.031 was repealed by Ord. No. 834-03, passed 6-10-03, eff. 6-12-03.
605.04
Disturbing a Lawful Meeting
(a) No person, with purpose to prevent or disrupt a lawful meeting, procession or gathering, shall do either of the
following:
(1) Do any act which obstructs or interferes with the due conduct of such meeting, procession or gathering;
(2) Make any utterance, gesture or display which outrages the sensibilities of the group.
(b) Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree.
(RC 2917.12; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
605.05
Misconduct at an Emergency
(a) No person shall knowingly:
(1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical
services person, or other authorized person, engaged in the person's duties at the scene of a fire, accident, disaster, riot or
emergency of any kind;
(2) Hamper the lawful activities of any emergency facility person who is engaged in the person's duties in an emergency
facility.
(3) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene
of or in connection with a fire, accident, disaster, riot or emergency of any kind.
(b) Nothing in this section shall be construed to limit access or deny information to any news media representative in the
lawful exercise of his duties.
(c) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this Section,
misconduct at an emergency is a misdemeanor of the fourth degree. If violation of this section creates a risk of physical
harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.
(d) As used in this section:
(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Section
2133.21 of the Revised Code.
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Section 2909.04 of the
Revised Code.
(3) “Emergency facility” has the same meaning as in Section 2909.04 of the Revised Code. (RC 2917.13)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
605.06
Inducing Panic
(a) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by
doing any of the following:
(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime or other catastrophe,
knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public
inconvenience or alarm.
(b) This section does not apply if:
(1) physical harm is caused to any person; or
(2) the offense results in economic harm of five hundred dollars or more; or
(3) the public place involved is a school; or
(4) the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction.
(c) Division (a) of this section does not apply to any person conducting an authorized fire or emergency drill.
(d) Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. (RC 2917.31)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
605.07
Making False Alarms
(a) No person shall do any of the following:
(1) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing
that the report or warning is false and likely to cause public inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or
private, for dealing with emergencies involving a risk of physical harm to persons or property;
(3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such
offense did not occur;
(4) Report a medical emergency, injury or condition knowing that none exists.
(b) This section does not apply:
(1) to any person conducting an authorized fire or emergency drill; or
(2) if the violation results in economic harm of five hundred dollars ($500.00) or more; or
(3) if a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction.
(c) Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree. (RC 2917.32)
(Ord. No. 204-10. Passed 5-10-10, eff. 5-20-10)
605.071
Improper Use of 9-1-1 Telephone System
(a) No person shall do any of the following:
(1) Initiate a call to 9-1-1 regarding an alleged or impending fire, explosion, crime, or other emergency, knowing that such
report is false, and likely to cause inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any safety service in the City of
Cleveland, for dealing with emergencies involving a risk of physical harm to persons or property;
(3) Report to 9-1-1 that an alleged offense or other incident within the respective areas of concern for the safety divisions
occurred, knowing that such offense did not occur;
(4) Knowingly use the 9-1-1 system, knowing that no major critical or life threatening emergency exists and knowing that
such report is likely to result in unnecessary consumption of safety services; or
(b) This section does not apply:
(1) to any person conducting an authorized fire or emergency drill; or
(2) if the violation results in economic harm of five hundred dollars ($500.00) or more; or
(3) if a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction.
(c) Whoever violates this section is guilty of improper use of 9-1-1 telephone system, a misdemeanor of the first degree.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
605.08
Criminal Activity on School Property
(a) No person shall threaten, menace or use improper, indecent or obscene language toward a teacher, instructor,
professor, person in charge of a class of students or employee of any school, college or university while in the performance
of his duties.
(b) No person shall disrupt, disturb or interfere with the teaching of any class of students, or any other activity conducted
in a school, college or university building, or upon the campus or grounds thereof.
(c) No person shall assault, strike, threaten, menace, follow, pursue or use profane, indecent or obscene language toward a
student or other person in a school, college or university building, or upon the campus or grounds thereof, or upon the
way to or from any school, college or university sponsored activity.
(d) This section does not apply if the violation is an assault and the victim of the offense is a school teacher or
administration or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a
school bus, or while the victims outside of school premises or a school bus and is engaged in duties or official
responsibilities associated with the victim's employment or position as a school teacher or administrator or a school bus
operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or filed trips,
athletic events, or other school extracurricular activities or functions outside of school premises.
(e) Whoever violates this section is guilty of criminal activity on school property, a misdemeanor of the first degree.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
605.09
Unlawful Congregation
(a) No person shall congregate with others on the sidewalk, street corner or within the parks or public grounds, with intent
to provoke a breach of the peace, or whereby a breach of the peace may be occasioned by the serious annoyance to
pedestrians or by threatening, insulting or abusive conduct, and refuse to move on when ordered by a police officer.
(b) Whoever violates this section is guilty of unlawful congregation, a misdemeanor of the first degree.
(Ord. No. 1015-91. Passed 7-24-91, eff. 7-31-91)
605.10
Unnecessary Noise
(a) No person shall make, or cause, suffer, allow, or permit to be made within the City any unreasonably loud, disturbing
and unnecessary noise, or noises of such character, intensity or duration as to be detrimental to the life and health of any
individual, or unreasonably disturb the quiet, comfort, or repose of neighboring inhabitants.
(b) Loud, disturbing and unnecessary noises in violation of this section shall include without limitation the following:
(1) The sounding of any horn, bell, or other signal or warning device on any motor vehicle, motorcycle, bus or other
vehicle, except as a danger or warning signal.
(2) The keeping of any animal or bird which, by causing frequent or long continued noise disturbs the comfort and repose
of any person in the vicinity, where such noise can be distinctly heard outside the property line of the premises at which
the animal or bird is kept.
(3) The use of any motorcycle, or vehicle so out of repair or so loaded as to create loud or unnecessary grating, grinding,
rattling or other noise.
(4) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop
work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between
the hours of 7:00 p.m. and 7:00 a.m., when the windows of such establishment are open.
(5) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion
engine, motor vehicle or motor boat engine.
(6) The use of any mechanical device operated by compressed air (excluding a jackhammer operated on weekdays between
the hours of 8:00 a.m. and 7:00 p.m.) unless the noise created thereby is effectively muffled and reduced.
(7) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(8) The making of any unnecessary noise by a person or by his operation of any instrument, device, agency or vehicle,
and/or the performance of any construction or demolition activity or the operation of any mechanical, electrical,
pneumatically, hydraulically powered or battery operated apparatus used in connection with any construction or
demolition activity between the hours of 7:00 p.m. and 7:00 a.m. within 500 feet of places of residence and 150 feet of any
portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged or
infirm, or within 150 feet of any school, courthouse, church or building in which religious services are held, during school
hours, hours of holding court or hours of public worship, respectively. The area within 150 feet of a hospital, school,
courthouse or church shall be a “zone of quiet” and the Director of Public Safety shall place signs within such zones of
quiet calling attention to the prohibition against unnecessary noise.
(9) The making of any loud or unnecessary noise in violation of Chapter 683 of these Codified Ordinances.
(10) The discharge, ignition, or explosion of any fireworks, except novelty or trick fireworks as defined in Section 3743.01
of the Revised Code, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant
to Section 3743.50 through 3743.55 of the Revised Code.
(c) Emergency utility or other repair work, such as restoring electric power lines or a water or sewer main, shall be
exempted from this ordinance. If there is a need to do any construction or demolition activity other than emergency
repairs the construction contractor in charge of the project shall submit to the Director of Public Safety a request to
perform construction work outside of the time allowed under this ordinance. The Director of Public Safety may grant an
exemption to this ordinance if such an exemption is justified and necessary.
(d) Whoever violates any of divisions (b)(1) through (b)(8) of this section is guilty of making unnecessary noise, a minor
misdemeanor, and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived or otherwise
reduced. Whoever violates this section within twelve (12) hours of having been charged with the minor misdemeanor of
making unnecessary noise or of having been warned by a police officer to desist from making unnecessary noise is guilty of
making unnecessary noise, a misdemeanor of the fourth degree, and shall be fined pursuant to Section 601.99 which fine
shall not be suspended, waived, or otherwise reduced.
(e) Whoever violates divisions (b)(9) or (b)(10) of this section shall be guilty of a misdemeanor of the fourth degree and
shall be fined pursuant to Section 601.99 upon a first offense, which fine shall not be suspended, waived, or otherwise
reduced, and subject to up to 30 days in jail. Notwithstanding this division, the penalties contained in Section 683.99 shall
apply to violations of division (b)(9) of this section.
(f) Whoever violates division (b)(9) or (b)(10) of this section, upon any subsequent offense, or within 36 hours of having
been warned by a police officer to desist from violating one of these sections, shall be guilty of a misdemeanor of the third
degree and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived, or otherwise reduced,
and subject to up to 60 days in jail. Each day upon which a violation occurs or continues shall be a separate and
punishable offense.
(g) Whoever violates division (b)(10) of this section, during any of the dates of Memorial Day through Labor Day,
inclusive, shall be guilty of a misdemeanor of the third degree and shall be fined pursuant to Section 601.99, which fine
shall not be suspended, waived, or otherwise reduced, and subject to up to 60 days in jail. Each day upon which a violation
occurs or continues shall be a separate and punishable offense.
(Ord. No. 899-08. Passed 6-9-08, eff. 6-16-08)
605.11
Misconduct Involving a Public Transportation System
(a) No person shall evade the payment of the known fares of a public transportation system.
(b) No person shall alter any transfer, pass, ticket, or token of a public transportation system with the purpose of evading
the payment of fares or of defrauding the system. [RC 2917.41]
(c) Whoever violates division (a) or division (b) of this section is guilty of a minor misdemeanor on the first offense and a
misdemeanor of the fourth degree on the second and any subsequent offense.
(Ord. No. 411-09. Passed 4-13-09, eff. 4-20-09)
605.12
Mufflers on Engines
(a) No person shall, as the owner, agent, employee, operator or person in charge, use or operate any gas or gasoline engine
within the City unless such gas or gasoline engine is equipped with a muffler.
(b) Whoever violates this section is guilty of unlawful engine operation, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
605.13
Public Intoxication
(a) No person shall be in a state of public intoxication or, being intoxicated, disturb the peace, good order and quiet of the
City.
(b) Whoever violates this section is guilty of public intoxication, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
605.14
Minor's Curfew
(a) No child twelve years of age or under shall be upon the streets or sidewalks or in a park or any other public place
during the period from darkness to dawn, nor shall any child between the ages of thirteen and fourteen, inclusive, be upon
the streets or sidewalks or in any park or other public place between 9:30 p.m. and 6:00 a.m. nor shall any child between
the ages of fifteen and sixteen, inclusive, be upon the streets or sidewalks or in any park or other public place between the
hours of 11:00 p.m. and 6:00 a.m., nor shall any child seventeen years of age be upon the streets or sidewalks between the
hours of midnight and 6:00 a.m., unless the child is accompanied by a parent or legal guardian, or a responsible adult
selected by the parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child seventeen years of age or under shall have a duty to prohibit the child from
behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
(c) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating
division (a) of this section;
(2) Can demonstrate based on the records of the employer, that it can be reasonably presumed that the child was en route
to home from work in the evening or en route to work from home in the morning.
(d) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile
Court.
(e) Any person who violates division (b) of this section is guilty of negligently failing to supervise a child, a minor
misdemeanor for a first offense and may be required to perform supervised community service work pursuant to division
(H) of RC 2951.02 in the ward in which the child was arrested or detained, the value of such service work not to exceed
One Hundred Dollars ($100.00). In addition to any other method of enforcement provided for in these Codified
Ordinances or by statute, this offense may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio
Rules of Criminal Procedure. Any person who is convicted of a second or subsequent offense for violating division (b) of
this section is guilty of a misdemeanor of the fourth degree.
(Ord. No. 1729-06. Passed 4-23-07, eff. 4-23-07)
605.141 Children of Compulsory School Age to be in Attendance at School; Parental Duty
Imposed
(a) No child between the ages of six and seventeen, inclusive, other than a child that has been suspended or expelled from
school, shall be at any place within the City except in attendance at school between the hours of 10:00 a.m. and 2:30 p.m.
during any school day, unless the child has written proof from school authorities excusing him or her from attending
school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult
selected by the parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit
the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed
by this division.
(c) It shall be an affirmative defense to divisions (a) and (b) of this section that the child, at the time he or she was found at
a place other than in school, was not required by law to be in attendance at school.
(d) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating
division (a) of this section; or
(2) Can demonstrate based upon the records of the Cleveland City School District that the parent or legal guardian has
been actively working with officials of the Cleveland City School District regarding the behavior of the child prior to the
time that the child was found violating division (a) of this section.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the
child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually
attends, or to any location designated by the school authorities as a receiving center for such children, the choice of
destination to be made at the discretion of the police officer or school attendance officer based on proximity of the
destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile
Court.
(g) Any person who violates division (b) of this section is guilty of negligently failing to supervise a child of compulsory
school age, a misdemeanor of the fourth degree for a first offense. Any person who is convicted of a second or subsequent
offense for violating division (b) of this Section is guilty of a misdemeanor of the third degree.
(Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)
605.142 Children Suspended or Expelled from School to Remain Under Supervision;
Parental Duties Imposed
(a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following
duties for the duration of the suspension or expulsion:
(1) The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that
the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) The duty to prohibit the child from being at any public place at the times that the child would have been required to be
in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal
guardian to supervise the child; or
B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the
times that the child is actually on the job or traveling directly to or from the job site; or
C. When the child is on an emergency errand; or
D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express
instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
No person shall negligently fail to fulfill the duties imposed by this division.
(b) No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by
a parent or legal guardian pursuant to division (a)(1) of this section.
(c) No child that has been suspended or expelled from school shall be in any public place at the times that he or she would
have been required to be in attendance at school had he or she not been suspended or expelled, except in the
circumstances described in divisions (a)(2)A, (a)(2)B, (a)(2)C or (a)(2)D.
(d) As used in this section, “public place” includes any street, sidewalk, park, cemetery, school yard, body of water or
watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the
child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually
attends, or to any location designated by the school authorities as a receiving center for such children, the choice of
destination to be made at the discretion of the police officer or school attendance officer based on proximity of the
destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child that violates divisions (b) or (c) of this section is an unruly child and is subject to the jurisdiction of the
Juvenile Court.
(g) Any person that negligently fails to fulfill the duty imposed by division (a) of this section is guilty of negligently failing
to supervise a suspended or expelled child, a misdemeanor of the second degree for a first offense. Any person who is
convicted of a second or subsequent offense for violating division (a) of this section is guilty of a misdemeanor of the first
degree.
(Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)
605.143
Parental Education Neglect
No person required to attend parental education or training program pursuant to a policy adopted under division (A) or
(B) of Section 3313.663 of the Revised Code shall fail to attend the program. Whoever violates this section is guilty of
parental education neglect, a misdemeanor of the fourth degree.
(Ord. No. 864-05, § 3. Passed 7-13-05, eff. 7-20-05)
605.15
Employment of Strikebreakers
(a) No person, firm or corporation directly involved in a labor dispute shall wilfully and knowingly employ, or contract or
arrange for the recruitment or procuring for employment, any person who customarily and repeatedly offers himself for
employment for the duration of a strike or lockout in place of employees involved in a strike or lockout.
(b) No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor
dispute shall accept or offer to accept employment in place of an employee involved in a labor dispute.
(c) No person, firm or corporation, not directly involved in a labor strike or lockout, shall recruit any person for
employment, or secure or offer to secure for any person any employment, when the purpose of such recruiting, securing or
offering to secure employment is to have such person take the place in employment of employees in an industry where a
labor strike or lockout exists.
(d) Whoever violates this section is guilty of unlawful strikebreaker employment, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
605.16
Prohibited Use of Mounted Police in Labor Dispute
(a) No City official or officer of the Department of Public Safety or the Division of Police shall order or authorize the use of
mounted police officers for any law enforcement activity in connection with or related to a labor dispute, nor shall any
mounted police officer while on duty as a mounted police officer use his mount for any law enforcement activity connected
with or related to a labor dispute.
(b) Any person violating the provisions of this section shall be subject to departmental disciplinary action.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
605.17
Prohibiting Use of Police Dogs in Labor Disputes
(a) No official or officer of the Department of Public Safety or the Division of Police shall order, authorize or direct nor
shall any member of the Division of Police use or employ a dog, owned, harbored or under the control of the City of
Cleveland, in connection with or related to a labor dispute.
(b) Whoever violates this section shall be subject to departmental disciplinary action for violation of the laws of the City of
Cleveland.
(Ord. No. 1048-89. Passed 4-24-89, eff. 5-4-89 without the signature of the Mayor)
Title I — General Offenses
Chapter 607 — Drug Abuse Control
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Federal prosecution bar to local prosecution, RC 2925.50, 3719.19
Analysis report and notarized statement as evidence, RC 2925.51
Criteria for granting probation, RC 3719.70
Taking drug of abuse into hospital, CO 617.10
Using weapons while under the influence, CO 627.03
Adulterating food with drug of abuse, CO 629.03
607.01
Definitions
As used in this chapter, certain terms are defined as follows:
(a) "Administer" means the direct application of a drug, whether by injection, inhalation, ingestion, or any other means to
a person or an animal.
(b) "Controlled substance" means a drug, compound, mixture, preparation, or substance included in Schedule I, II, III, IV,
or V.
(c) "Dispense" means sell, leave with, give away, dispose of, or deliver.
(d) "Distribute" means to deal in, ship, transport, or deliver but does not include administering or dispensing a drug.
(e) "Hypodermic" means a hypodermic syringe or needle, or other instrument or device for the subcutaneous injection of
medication.
(f) "Manufacturer" means a person who plants, cultivates, harvests, processes, makes, prepares, or otherwise engages in
any part of the production of a controlled substance by propagation, compounding, conversion, or processing, either
directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis,
and includes any packaging or repackaging of the substance or labeling or relabeling of its container and other activities
incident to production, except that this term does not include a pharmacist who prepares, compounds, packages, or labels
a controlled substance as an incident to dispensing a controlled substance in accordance with a prescription and in the
usual course of professional practice.
(g) "Marihuana" means all parts of any plant of the genus cannabis, whether growing or not, the seeds thereof; the resin
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake
made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant that is incapable of
germination.
(h) "Noxious additive" means any element or compound designated by the State Board of Pharmacy for use as a safe and
effective ingredient in any product containing the ingredient toluene, the gas, fumes, or vapor of which when inhaled can
induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness,
asphyxiation, or other harmful physiological effects, that will discourage the intentional smelling or inhaling of the fumes
of such product. A noxious additive shall not be added to such a product if such addition would make the product
unsuitable for its intended use or adversely affect the performance of the product. The addition of a noxious additive to
such a product is not required if the Board determines that the normal chemical composition of the product creates a level
of noxiousness that is sufficient to discourage the intentional smelling or inhaling of the product's fumes.
(i) "Official written order" means an order written on a form provided for that purpose by the Director of the United States
Drug Enforcement Administration, under any laws of the United States making provision therefor, if such order forms are
authorized and required by Federal law.
(j) "Pharmacist" means a person registered with the State Board of Pharmacy as a compounder and dispenser of drugs.
(k) "Pharmacy" means any area, room, rooms, place of business, department, or portion of any of the foregoing, where
prescriptions are filled or where drugs, dangerous drugs, or poisons are compounded, sold, offered, or displayed for sale,
dispensed, or distributed to the public.
(l) "Practitioner" means the following:
(1) A person who is licensed pursuant to Chapter 4715, 4731 or 4741 of the Revised Code and authorized by law to write
prescriptions for drugs or dangerous drugs;
(2) An advanced practice nurse authorized under Section 4723.56 of the Revised Code to prescribe drugs and therapeutic
devices.
(m) "Prescription" means a written or oral order for a controlled substance for the use of a particular person or a
particular animal given by a practitioner in the course of professional practice and in accordance with the regulations
promulgated by the Director of the United States Drug Enforcement Administration, pursuant to the Federal drug abuse
control law.
(n) "Sale" includes delivery, barter, exchange, transfer, or gift, or offer thereof, and each such transaction made by any
person whether, as principal, proprietor, agent, servant, or employee.
(o) "Schedule I", "Schedule II", "Schedule III", "Schedule IV" and "Schedule V" mean controlled substance Schedules I, II,
III, IV, and V respectively, established pursuant to Section 3719.41 of the Revised Code, as amended pursuant to Sections
3719.43 or 3719.44 of the Revised Code.
(p) "Wholesaler" means a person who, on official written orders other than prescriptions, supplies controlled substances
that he himself has not manufactured, produced, or prepared and includes "wholesale distributor of dangerous drugs" as
this term is defined in Section 4729.02 of the Revised Code. (RC 3719.01)
(q) "Drug of abuse" means any controlled substance as defined in division (b) of this section, any harmful intoxicant as
defined in division (x) of this section and any dangerous drug as defined in division (r) of this section. (RC 3719.011)
(r) "Dangerous drug" means any of the following:
(1) Any drug which, under the "Federal Food, Drug and Cosmetic Act", Federal narcotic law, Section 3715.01 to 3715.22 of
the Revised Code or Chapter 3719 of the Revised Code, may be dispensed only upon a prescription;
(2) Any drug which contains a Schedule V controlled substance and which is exempt from Chapter 3719 of the Revised
Code or to which such chapter does not apply;
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the
human body. (RC 4729.02)
(s) "Bulk amount" of a controlled substance has the same meaning as in Section 2925.01 of the Revised Code, as that
section may be amended.
(t) "Unit dose" means an amount or unit of a compound, mixture, or preparation containing a controlled substance, such
amount or unit being separately identifiable and in such form as to indicate that it is the amount or unit by which the
controlled substance is separately administered to or taken by an individual.
(u) "Cultivate" includes planting, watering, fertilizing, or tilling.
(v) "Drug abuse offense" means any of the following:
(1) A violation of Sections 607.02 to 607.08, 607.12 or 607.14 of this chapter or Sections 2925.02, 2925.03, 2925.11,
2925.12, 2925.13, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code.
(2) A violation of an existing or former law of this or any other state or of the United States that is substantially equivalent
to any section listed in division (v)(1) of this section.
(3) An offense under an existing or former law of this or any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or
otherwise dealing with a controlled substance is an element.
(4) A conspiracy or attempt to commit, or complicity in committing or attempting to commit, any offense under division
(v)(1), (2), or (3) of this section.
(w) "Felony drug abuse offense" means any drug abuse offense that would constitute a felony under the laws of this State,
except a violation of Section 2925.11 of the Revised Code.
(x) "Harmful intoxicant" does not include beer or intoxicating liquor, but means any compound, mixture, preparation, or
substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational
behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and
includes, but is not limited to, any of the following:
(1) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid,
gasoline, and any other preparation containing a volatile organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(y) "Manufacture" means to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same,
and includes packaging, repackaging, labeling, and other activities incident to production.
(z) "Possess" or "possession" means having control over a thing or substance but may not be inferred solely from mere
access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is
found.
(aa) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to health or safety if used
without the supervision of a practitioner, or a drug of abuse, and that, at one time, had been placed in a container plainly
marked as a sample by a manufacturer.
(bb) "Standard pharmaceutical reference manual" means the current edition, with cumulative changes if any, of any of the
following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia", prepared by authority of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the State Board of Pharmacy.
(cc) "Juvenile" means a person under eighteen years of age.
(RC 2925.01; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
607.02
Gift of Marihuana
(a) No person shall knowingly give or offer to make a gift of twenty grams or less of marihuana.
(b) Whoever violates this section is guilty of trafficking in marihuana, a minor misdemeanor for the first offense and a
misdemeanor of the third degree for any subsequent offense. If, the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, the violation is a misdemeanor of the third degree.
(RC 2925.03; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
607.03
Drug Abuse: Controlled Substance Possession or Use
(a) No person shall knowingly obtain, possess, or use a controlled substance.
(b) This section does not apply to the following:
(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and
other persons whose conduct was in accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 4741. of the Revised
Code;
(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been approved by the United States food and drug
administration;
(3) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an
anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species
and approved for that purpose under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as
amended, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional
authorized to prescribe drugs.
(c) Whoever violates this section is guilty of drug abuse, and shall be sentenced as follows:
(1) If the drug involved is a compound, mixture, preparation or substance included in Schedule III, IV or V, and the
amount of drug involved is less than the bulk amount, drug abuse is a misdemeanor of the third degree, and if the offender
has previously been convicted of a drug abuse offense, drug abuse is a misdemeanor of the second degree;
(2) If the drug involved is marihuana or a compound, mixture, preparation, or substance containing marihuana other than
hashish, and the amount is less than 200 grams drug abuse is a misdemeanor of the first degree, unless the amount of
marihuana involved is less than 100 grams, in which case drug abuse is a minor misdemeanor;
(3) If the drug involved is an anabolic steroid included in Schedule III, and the amount involved is less than the bulk
amount, drug abuse is a misdemeanor of the third degree and, in lieu of sentencing an offender to a definite or indefinite
term of imprisonment in a detention facility, the court may place the offender on conditional probation pursuant to
division (F) of Section 2951.02 of the Revised Code, unless the offender previously has been convicted of a drug abuse
offense, in which case drug abuse is a misdemeanor of the second degree.
(d) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need
not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record,
including any inquiries contained in any application for employment, license or other right or privilege, or made in
connection with the person's appearance as a witness.
(RC 2925.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
607.04
Possessing Drug Abuse Instruments
(a) No person shall knowingly make, obtain, possess, or use any instrument, article, or thing whose customary and
primary purpose is for the administration or use of a dangerous drug, other than marihuana, when the instrument
involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the
instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug,
other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.
(b) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons
whose conduct was in accordance with RC Chapters 3719, 4715, 4729, 4731 and 4741 or RC 4723.56.
(c) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If
the offender has previously been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first
degree.
(RC 2925.12; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
607.05
Permitting Drug Abuse
(a) No person who is the owner, operator, or person in charge of a locomotive, watercraft, aircraft, or other vehicle as
defined in division (A) of RC 4501.01, shall knowingly permit the vehicle to be used for the commission of a felony drug
abuse offense.
(b) No person who is the owner, lessee, or occupant, or who has custody, control, or supervision, of premises or real estate,
including vacant land, shall knowingly permit premises or real estate, including vacant land, to be used for the
commission of a felony drug abuse offense by another person. (RC 2925.13)
(c) No person, being the owner, lessee, occupant, or having custody, control, or supervision of premises, or real estate,
including vacant land, shall recklessly permit the premises to be used for the commission of a drug trafficking offense
under any provision of this chapter or RC Chapter 2925 or 3719 after the receipt of written notice from a law enforcement
officer that a drug trafficking offense under any provision of this chapter or RC Chapter 2925 or 3719 has previously
occurred on the premises, or real estate. In multiple unit dwellings, including hotels or motels, the notice provided for in
this division shall state the names of the parties and the specific unit involved.
The notice required by this division shall be delivered by certified mail, restricted delivery and return receipt requested,
or, if the certified mailing fails to result in delivery of the notice, by personal service. The notice required by this division
shall identify the sender, identify the nature of the drug activity occurring on the premises and bear the date of such
notice.
It shall be prima facie evidence that the owner or lessor did not recklessly permit the premises to be used for the
commission of a drug trafficking offense on the premises if:
(1) The owner or lessor has begun the process of evicting the person or persons committing the drug offense, including
sending a notice of eviction; or
(2) The owner or lessor has identified for the police in writing and in a timely manner after receipt of the notice required
by this division of the steps that the owner or lessor has commenced to prevent the commission of additional drug
trafficking offenses on the premises.
This division (c) shall not apply to any owner or lessor who has filed an action for forcible entry and detainer to remove a
lessee or occupant from the premises.
(d) Premises or real estate, including vacant land, used in violation of division (b) or (c) of this section and where a felony
violation of RC Chapter 2925 or 3719 occurs constitute a nuisance subject to abatement pursuant to RC Chapter 3767.
(e) Vehicles used in violation of division (a) hereof shall be seized and forfeited to the City, upon motion to the Common
Pleas Court. Forfeiture shall not apply to common carriers or innocent owners, nor shall they affect the rights of a holder
of a valid lien.
(f) Whoever violates divisions (a) or (b) of this section is guilty of permitting drug abuse, a misdemeanor of the first
degree, if the offender has not previously been convicted of a drug abuse offense. Notwithstanding any other section of this
Code, at least thirty (30) days imprisonment is mandatory upon conviction of an offense under this division.
(g) Whoever violates division (c) of this section is guilty of recklessly permitting drug abuse, a misdemeanor of the third
degree. Notwithstanding any other section of this Code, at least ten (10) days imprisonment is mandatory upon conviction
of a second offense under this division and at least thirty (30) days imprisonment is mandatory upon conviction of a third
or subsequent offense under this division.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
607.06
Deception to Obtain Dangerous Drugs—Repealed
Note: Former section 607.06 was repealed by Ord. No. 834-03, passed 6-10-03, eff. 6-12-03.
607.07
Possessing or Using Harmful Intoxicants
(a) Except for lawful research, clinical, medical, dental or veterinary purposes, no person, with purpose to induce
intoxication or similar physiological effects, shall obtain, possess or use a harmful intoxicant.
(b) Whoever has not previously been convicted of a drug abuse offense and who violates this section is guilty of abusing
harmful intoxicants, a misdemeanor of the first degree.
(c) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for
not less than six months or more than five years the offender's driver's or commercial driver's license or permit. If the
offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the
court immediately shall comply with Section 2925.38 of the Revised Code.
(RC 2925.31; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
607.071
Possessing or Using Toluene
(a) Except for lawful research, clinical, medical, dental, veterinary, industrial or manufacturing purposes, no person, with
intent to induce intoxication or similar physiological effects, shall obtain, possess or use toluene, also known as tuleol,
methylbenzene, phenylmethane or methacide.
(b) Except for lawful research, clinical, medical, dental, veterinary, industrial or manufacturing purposes, no person shall
possess toluene, also known as tuleol, methylbenzene, phenylmethane or methacide, in a portable container unless the
container is constructed of metal, has a tight closure, and is fitted with a spout or so designed that the contents can be
poured without spilling.
(c) No person shall possess toluene in any container not clearly marked with the name of the product.
(d) No person shall possess toluene in any container not the original container unless the container is clearly labeled.
(1) Any product containing ten percent (10%) or more by weight of toluene shall be labeled with the signal word "Danger",
the statement of hazard "Harmful or fatal if swallowed", and the statement "If swallowed, do not induce vomiting. Call
physician immediately."
(2) Any product containing ten percent (10%) or more by weight of toluene shall bear the statement of hazard "Vapor
harmful" in addition to the statements prescribed in subsection (d)(1) hereof.
(e) Whoever violates this section is guilty of improperly possessing or using toluene, a misdemeanor of the second degree.
If the offender has previously been convicted of a drug abuse offense, improperly possessing or using toluene is a
misdemeanor of the first degree, for which at least three days' imprisonment is mandatory.
(Ord. 2440-77. Passed 9-26-77, eff. 9-26-77)
607.08
Illegally Dispensing Drug Samples
(a) No person shall knowingly furnish another a sample drug.
(b) Subsection (a) hereof does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, dentists,
doctors of medicine and surgery, doctors of osteopathic medicine and surgery, doctors of podiatry, veterinarians, and
other persons whose conduct is in accordance with RC Chapters 3719, 4715, 4729, 4731 and 4741 or to optometrists whose
conduct is in accordance with a valid therapeutic pharmaceutical agents certificate issued under RC Chapter 4725.
(c) Whoever violates this section is guilty of illegal dispensing of drug samples if the drug involved is marihuana or a
compound, mixture, preparation or substance included in Schedule III, IV or V. For a first offense an offender is guilty of a
misdemeanor of the second degree, and if the offender has previously been convicted of a drug abuse offense, illegal
dispensing of drug samples is a misdemeanor of the first degree.
(RC 2925.36; Ord. 90-96. Passed 3-18-96, eff. 3-26-96)
607.09
Controlled Substance or Prescription Labels
(a) No person shall alter, deface or remove any label affixed by a manufacturer, wholesaler, pharmacist or practitioner
who dispenses a controlled substance in a package or container, as long as any of the original contents remain, except
when lawfully filling a prescription. (RC 3719.08)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree, if the offender has not previously been
convicted of a violation of this section, RC 3719.07 or 3719.08 or a drug abuse offense.
(RC 3719.99(C); Ord. No. 1692-76. Passed 6-29-76, eff. 7-6-76)
607.091
Toluene Labels
(a) No person shall alter, deface or remove any label affixed by a manufacturer, wholesaler, pharmacist or practitioner
who dispenses toluene, also known as tuleol, phenylmethane, methylbenzene or methacide, in a package or container, as
long as any of the original contents remain.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree, if the offender has not previously been
convicted of a violation of this section, RC 3719.07 or 3719.08, or a drug abuse offense.
(Ord. No. 2440-77. Passed 9-26-77, eff. 9-26-77)
607.10
Hypodermic Possession, Display and Dispensing
(a) Possession of a hypodermic is authorized for:
(1) Any manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, and any
authorized agent or employee of such manufacturer, distributor or dealer, in the regular course of business;
(2) Any terminal distributor of dangerous drugs, in the regular course of business;
(3) Any person authorized to administer injections, in the regular course of the person's profession or employment;
(4) Any person, when the hypodermic in his possession was lawfully obtained and is kept and used for the purpose of selfadministration of insulin or other drug prescribed by a licensed health professional authorized to prescribe drugs for the
treatment of disease;
(5) Any person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;
(6) Any farmer, for the lawful administration of a drug to an animal;
(7) Any person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.
(b) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their
authorized agents or employees, and no terminal distributor of dangerous drugs shall display any hypodermic for sale. No
person authorized to possess a hypodermic pursuant to division (a) hereof shall negligently fail to take reasonable
precautions to prevent any hypodermic in his possession from theft or acquisition by any unauthorized person.
(c) Whoever violates this section is guilty of a misdemeanor of the third degree. If the offender has previously been
convicted of a violation of this section, RC 3719.05, 3719.06, 3719.13, 3719.172(B), or 3719.31 or a drug abuse offense, a
violation is a misdemeanor of the first degree.
(RC 3719.99(D); Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
607.11
Sale of Harmful Intoxicants to Minors Prohibited
(a) No person shall sell, barter or give away any harmful intoxicant, to a person under the age of eighteen years or to a
mentally or physically handicapped person under the age of twenty-one years, unless such minor is accompanied by his
parent, other adult member of such minor's family, legal guardian or person in loco parentis.
(b) It is an affirmative defense under this section if the actor was actively misled or deceived by the presentation of written
or printed information, presented by the minor, relating to the age and identity of such minor.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 1692-76. Passed 6-29-76, eff. 7-6-76)
607.111
Sale of Toluene to Minors Prohibited
(a) No person shall knowingly sell, barter or give away any toluene, also known as tuleol, methylbenzene, phenylmethane
or methacide, to any person under the age of eighteen years or to a mentally or physically handicapped person under the
age of twenty-one years unless such minor is accompanied by his parent, other adult member of such minor's family, legal
guardian or person in loco parentis.
(b) It is an affirmative defense under this section if the actor was actively misled or deceived by the presentation of written
or printed information, presented by the minor, relating to the age and identity of such minor.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree. At least three days' imprisonment is
mandatory under this section.
(d) This section shall not apply to toluene containing a noxious additive designated by the state board of pharmacy
pursuant to RC 2925.32.
(Ord. No. 2440-77. Passed 9-26-77, eff. 9-26-77)
607.12
Distribution of Nitrous Oxide
(a) No person who dispenses or distributes nitrous oxide in cartridges shall fail to comply with either of the following:
(1) The record-keeping requirements established under division (F) of Section 2925.32 of the Revised Code;
(2) The labeling and transaction identification requirements established under division (G) of Section 2925.32 of the
Revised Code.
(b) Whoever violates this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the
fourth degree.
(RC 2925.32; Ord No. 834-03. Passed 6-10-03, eff. 6-12-03)
607.13
Sale of Marihuana Paraphernalia to Juveniles
(a) As used in this section, "paraphernalia for the use of marihuana" means any instrument, device, article or thing,
whether or not of crude or extemporized manufacture or assembly, that is used or intended for use for any of the
following:
(1) Preparing marihuana for ingestion, inhalation or other introduction into the human body;
(2) Ingesting, inhaling or otherwise introducing marihuana into the human body;
(3) Enhancing the effect of marihuana upon the human body;
(4) Testing the strength, effectiveness or purity of marihuana.
(b) No person shall knowingly sell or offer to sell paraphernalia for the use of marihuana to any juvenile.
(c) The following are affirmative defenses to a charge under this section:
(1) The defendant is the parent, guardian or custodian of the juvenile involved;
(2) The juvenile involved, at the time the paraphernalia for the use of marihuana was sold or offered for sale to him, was
accompanied by his parent, guardian or custodian who, with knowledge that the paraphernalia sold or offered for sale
would be used or was intended for use for a purpose set forth in division (a)(1), (2), (3), or (4) of this section, consented to
the paraphernalia for the use of marihuana being sold or offered for sale to the juvenile;
(3) The juvenile involved exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate
or other official or apparently official document purporting to show that the juvenile was eighteen years of age or older,
and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile
was under eighteen years of age.
(d) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons
whose conduct is in accordance with RC Chapters 3719, 4715, 4729, 4731 or 4741.
(e) Whoever violates this section is guilty of selling paraphernalia for the use of marihuana to juveniles, a misdemeanor of
the first degree.
(Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
607.14
Counterfeit Controlled Substances
(a) No person shall knowingly possess any counterfeit controlled substance.
(b) As used in this section, "counterfeit controlled substance" means:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name or other identifying mark used
without authorization of the owner of rights to such trademark, trade name or identifying mark; or
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed,
packed or distributed by a person other than the person that manufactured, processed, packed or distributed it; or
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different
controlled substance; or
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance
because of its similarity in shape, size and color, or its markings, labeling, packaging, distribution or the price for which it
is sold or offered for sale.
(c) Whoever violates this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first
degree.
(d) The provisions of this section shall not apply to a practitioner, pharmacist, pharmacy owner or other person whose
conduct is in accordance with RC Chapters 3715, 3719, 4715, 4729, 4731 and 4741. The provisions of this section also shall
not apply to a person who has been previously convicted of violation of RC 2925.37.
(RC 2925.37; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
607.15
Illegal Distribution of Cigarettes or Other Tobacco Products
(a) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes, other tobacco products, or papers used to
roll cigarettes, and no agent, employee or representative of a manufacturer, producer, distributor, wholesaler or retailer of
cigarettes, other tobacco products, or papers used to roll cigarettes and no other person shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes, other tobacco products, or papers used to roll cigarettes to any person
under eighteen years of age;
(2) Give away, sell or distribute cigarettes, other tobacco products, or papers used to roll cigarettes in any place that does
not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes, other tobacco
products, or papers used to roll cigarettes to a person under eighteen years of age is prohibited by law;
(3) Knowingly furnish any false information regarding the name, age, or other identification of any child with purpose to
obtain cigarettes, other tobacco products, or papers used to roll cigarettes for that child;
(4) Manufacture, sell, or distribute in this City any pack or other container of cigarettes containing fewer than twenty
cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
(5) Sell cigarettes in a smaller quantity than that placed in the pack or other container by the manufacturer;
(6) Sell other tobacco products in a smaller quantity than was intended for retail when the project was packaged by the
manufacturer.
(b) No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the
following locations:
(1) An area either:
A. Within a factory, business, office, or other place not open to the general public; or
B. To which persons under the age of eighteen years are not generally permitted access;
(2) In any other place not identified in division B.(1) of this section, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or
operates the place, or an employee of such person, so that all cigarettes and other tobacco product purchases from the
vending machine will be readily observed by the person who owns or operates the place or an employee of such person.
For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom,
restroom, hallway, or outer waiting area, shall not be considered within the immediate vicinity, plain view, and control of
the person who owns or operates the place, or an employee of such person.
B. The vending machine is inaccessible to the public when the place is closed.
(c) As used in this section, “vending machine” has the same meaning as “coin machine” as defined in Section 2913.01 of
the Revised Code.
(d) The following are affirmative defenses to a charge under division (a)(1) of this section:
(1) The child was accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child.
(2) The person who gave, sold, or distributed cigarettes, other tobacco products, or papers used to roll cigarettes to a child
under division (a)(1) of this section is a parent, spouse who is eighteen years of age or older, or legal guardian of the child.
(e) It is not a violation of division (a)(1) or (2) of this section for a person to give or otherwise distribute to a child
cigarettes, other tobacco products, or papers used to roll cigarettes while the child is participating in a research protocol if
all of the following apply:
(1) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research
protocol.
(2) An institutional human subjects protection review board, or equivalent entity, has approved the research protocol.
(3) The child is participating in the research protocol at the facility or location specified in the research protocol.
(f)(1) Whoever violates division (a)(1), (2), (4), or (5) or (c) is guilty of illegal distribution of cigarettes or other tobacco
products, a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of division
(a)(1), (2), (4), or (5) or (b) of this section or divisions (B)(1), (2), (4), or (5) or (C) of Section 2927.02 of the Revised Code,
then illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree.
(2) Whoever violates division (a)(3) of this section is guilty of permitting children to use cigarettes or other tobacco
products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division
(a)(3) of this section or division (B)(3) of Section 2927.02 of the Revised Code, permitting children to use cigarettes or
other tobacco products is a misdemeanor of the third degree.
(RC 2927.02; Ord. No. 1497-03. Passed 10-13-03, eff. 10-16-03)
607.16
Definitions
(a) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or
designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this Chapter. It
includes, but is not limited to:
(1) Kits used, intended for use, or designated for use in planting, propagating, cultivating, growing or harvesting of any
species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or
preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant
which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for
use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in
otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding
controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small
quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled
substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting
controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marihuana,
cocaine, hashish or hashish oil into the human body, such as:
A. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads
or punctured metal bowls;
B. Water pipes;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small
or too short to be held in the hand;
F. Miniature cocaine spoons and cocaine vials;
G. Chamber pipes;
H. Carburetor pipes;
I. Electric pipes;
J. Air driver pipes;
K. Chillums;
L. Bongs;
M. Ice pipes or chillers.
(b) In determining whether an object is "Drug paraphernalia", a court or other authority should consider, in addition to all
other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any City, State or Federal law relating
to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this Chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons
whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Chapter; the innocence
of an owner or of anyone in control of the object as to a direct violation of this Chapter shall not prevent a finding that the
object is intended for use or designed for use as "Drug paraphernalia";
(7) Instruction, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community;
(13) Expert testimony concerning its use.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
607.17
Possession, Manufacture and Sale of Drug Paraphernalia
(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this
Chapter.
(b) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver
or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or
otherwise introduce into the human body a controlled substance in violation of this Chapter.
(c) It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement,
knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or
in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(d) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons
whose conduct was in accordance with RC Chapters 3719, 4715, 4729, 4731 and 4741. This section shall not be construed
to prohibit any possession, manufacture or use of hypodermics made lawful by Section 607.10 of the General Offenses
Code of the Codified Ordinances.
(e) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.
(f) If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of the section which can be given effect without the invalid provision or
application, and to this end the provisions of this section are severable.
(Ord. No. 2797-88. Passed 5-8-89, eff. 5-9-89)
607.18
Penalty
Whoever violates any of the provisions of divisions (a), (b) or (c) of Section 607.17 is guilty of a misdemeanor of the second
degree. If the offender has previously been convicted of a violation of divisions (a), (b) or (c) of Section 607.17, any
subsequent violation of the same paragraph is a misdemeanor of the first degree.
(Ord. No. 2797-88. Passed 5-8-89, eff. 5-9-89)
607.19
Drug-Related Activities Prohibited
(a) Findings. This Council finds that persons selling illegal drugs engage in behavior that is readily recognizable by citizens
and law enforcement officers as illegal drug activity that the offenders commonly attempt to frustrate law enforcement
efforts by carrying the illegal drugs in their mouths, and swallowing or attempting to swallow the drugs if approached by a
law enforcement officer. This Council further finds that the drug-related conduct prohibited by this section constitutes a
nuisance, adversely affects the quality of life in the neighborhoods of the City, and threatens the public health, safety and
welfare.
(b) Offense. No person shall engage in the following conduct in, on or about any street, in or about any place open to the
public, or in or about any public or private place with the specific intent to engage in drug-related activity contrary to any
of the provisions of RC Chapters 2925 or 4729 or Chapter 607 of these Codified Ordinances:
(1) to repeatedly stop, beckon to, attempt to stop, or engage passersby in conversation; or
(2) to repeatedly stop, beckon to, or attempt to stop motor vehicles by hailing, waving arms or making other bodily
gestures; or
(3) to act as a look-out; or
(4) to transfer small objects or packages for currency or any other thing of value in a furtive fashion which would lead an
observer to believe or ascertain that a drug sale has or is about to occur; or
(5) to carry small objects or packages in one's mouth and to transfer such objects or packages to another person for
currency or any other thing of value, or to swallow or attempt to swallow the objects or packages if approached by a law
enforcement officer.
(c) Prima Facie Case. A prima facie case may be established by a law enforcement officer's observations of the offender's
behavior. The seizure or recovery of illegal drugs shall not be a prerequisite to establishing a prima facie case.
(d) Rebuttable Presumption. A person shall be rebuttably presumed to have the specific intent to engage in drug-related
activity contrary to any of the provisions of RC Chapters 2925 or 4729 or Chapter 607 of these Codified Ordinances if the
person persists in one or more of the behaviors described in division (b) after a law enforcement officer gives the person
reasonable warning to desist, and the person:
(1) is a known unlawful drug user, possessor or seller as defined in division (e) of this section; or
(2) displays the physical characteristics of drug intoxication or usage, including dilated pupils, glassy eyes, slurred speech,
loss of coordination or motor skills, or needle tracks; or
(3) is identified by a law enforcement officer as a member of a gang or association which has as its principal purpose illegal
drug activity.
(e) Definition. For purposes of this section, a "known unlawful drug user, possessor or seller" means a person who, within
the knowledge of the arresting officer, either:
(1) has been convicted in any court within this state, within five (5) years prior to the date of arrest, of any violation
involving the use, possession or sale of any of the substances referred to in RC Chapters 2925 or 4729 or Chapter 607 of
the Codified Ordinances of Cleveland, Ohio, 1976, or any substantially similar laws of any political subdivision of the state;
or
(2) has been charged two or more times, within one (1) year prior to the date of arrest, for a violation involving the use,
possession or sale of any of the substances referred to in RC Chapters 2925 and 4729 or Chapter 607 of the Codified
Ordinances of Cleveland, Ohio, 1976, or any substantially similar laws of any political subdivision of the state.
(f) Severability. If any provision of this section or the application of it to any person or circumstance is held invalid, the
invalidity does not affect the other provisions or applications of this section which can be given effect without the invalid
provision or application, and to this end the provisions of this section are severable.
(g) Penalty. Whoever violates the provisions of this section is guilty of engaging in prohibited drug-related activity, a
misdemeanor of the first degree.
(Ord. No. 1163-95. Passed 6-19-95, eff. 6-28-95)
607.20
Soliciting Drug Sales
(a) No person shall solicit another person to sell any controlled substance.
(b) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons
whose conduct is in accordance with RC Chapters 3719, 4715, 4729, 4731, and 4741 or to any activity prohibited by RC
Chapter 2925.
(c) Whoever violates this section is guilty of soliciting drug sales, a misdemeanor of the first degree.
(Ord. No. 774-91. Passed 4-29-91, eff. 5-1-91)
Title I — General Offenses
Chapter 609 — Family Offenses
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Abortions, CO Ch 231
Experimentation on a fetus, CO 231.05
Renting watercraft to persons under 16, CO 485.18
Minor's curfew, CO 605.14
Sale of harmful intoxicants to minors, CO 607.11
Sale of intoxicants to minors, CO 617.02
Corruption of minors, CO 619.03
Matter harmful to juveniles, CO 619.12, 619.13
Improperly furnishing firearms to a minor, CO 627.08
609.01
Bigamy
(a) No married person shall marry another or continue to cohabit with such other person in this State.
(b) It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years
immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.
(c) Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree.
(RC 2919.01; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
609.02
Abortion Offenses
(a) Abortion Defined. As used in this section "abortion" means the purposeful termination of a human pregnancy by any
person, including the pregnant woman herself, with an intention other than to produce a live birth or to remove a dead
fetus or embryo. Abortion is the practice of medicine or surgery for the purposes of RC 4731.41. (RC 2919.11)
(b) Abortion Without Informed Consent Prohibited.
(1) No person shall perform or induce an abortion without the informed consent of the pregnant woman.
(2) No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under eighteen
years of age and unemancipated except as authorized under RC 2919.12.
(3) Whoever violates this section is guilty of unlawful abortion, a misdemeanor of the first degree unless the offender has
previously been convicted of or pleaded guilty to a violation of division (b) of this section or RC 2919.12. (RC 2919.12)
(c) Abortion Trafficking.
(1) No person shall experiment upon or sell the product of human conception which is aborted. Experiment does not
include autopsies pursuant to RC 313.13 and 2108.50.
(2) Whoever violates this section is guilty of abortion trafficking, a misdemeanor of the first degree.
(RC 2919.14; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
609.03
Nonsupport of Dependents
(a) No person shall abandon, or fail to provide adequate support to:
(1) His or her spouse, as required by law;
(2) His or her legitimate or illegitimate child who is under age eighteen, or mentally or physically handicapped child who
is under age twenty-one;
(3) His or her aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately
for his or her own support;
(4) Any person whom, by law or by court order or decree, the offender is legally obligated to support.
(b) No person shall aid, abet, induce, cause, encourage or contribute to a child or a ward of the juvenile court becoming a
dependent child, as defined in Section 2151.04 of the Revised Code, or a neglected child, as defined in Section 2151.03 of
the Revised Code.
(c) It is an affirmative defense to a charge under division (a) of this section of failure to provide adequate support that the
accused was unable to provide adequate support, but did provide such support as was within his ability and means.
(d) It is an affirmative defense to a charge under division (a)(3) of this section that the parent abandoned the accused or
failed to support the accused as required by law, while the accused was under age eighteen, or was mentally or physically
handicapped and under age twenty-one.
(e) It is not a defense to a charge under division (a)(4) of this section that the person whom a court has ordered the
accused to support is being adequately supported by someone other than the accused. (RC 2919.21(F))
(f) Whoever violates division (a) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree
unless the offender previously has been convicted of or pleaded guilty to a violation of division (a)(2) of this section or
there has been a court finding that the offender has failed to provide support under division (a)(2) or (a)(4) of this section
for a total accumulated period of twenty-six weeks out of 104 consecutive weeks, whether or not the twenty-six weeks were
consecutive. If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child
as required by a child support order issued on or after April 15, 1985, pursuant to Sections 2151.23, 3105.21, 3109.05,
3111.13, 3113.04, 3113.31 or 3115.22 of the Revised Code, the court, in addition to any other sentence imposed, shall assess
all court costs arising out of the charge against the person and require the person to pay any reasonable attorney's fees of
any adverse party other than the State, as determined by the court, that arose in relation to the charge. Whoever violates
division (b) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree.
Each day of violation of division (b) of this section is a separate offense. (RC 2919.21)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
609.04
Endangering Children
(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a
child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create
a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation
of a duty of care, protection or support under this division when the parent, guardian, custodian or person having custody
or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in
accordance with the tenets of a recognized religious body.
(b) No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twentyone years of age.
(c) No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (a) of Section
433.01 of the Codified Ordinances or division (A) of Section 4511.19 of the Revised Code when one or more children under
eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any other provision of law, a person
may be convicted at the same trial or proceeding of a violation of this division and a violation of division (a) of Section
433.01 of the Codified Ordinances or division (A) of Section 4511.19 of the Revised Code that constitutes the basis of the
charge of the violation of this division. For purposes of Sections 4511.191 to 4511.197 of the Revised Code and all related
provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a
vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a
prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine.
(d) Whoever violates this section is guilty of endangering children, a misdemeanor of the first degree, if the violation of
this section does not result in serious physical harm to the child involved, or if the offender has not previously been
convicted of an offense under this section, Section 2919.22 of the Revised Code or of any offense involving neglect,
abandonment, contributing to the delinquency of or physical abuse of a child. (RC 2919.22)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
609.05
Interference with Custody
(a) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep or
harbor any of the following persons from those persons' parent, guardian or custodian:
(1) A child under the age of eighteen, or a mentally or physically handicapped child under the age of twenty-one;
(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 the mentally ill or mentally retarded.
(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 the actor's 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 the actor's
shelter, protection or influence.
(d) Whoever violates this section is guilty of interference with custody. Except as otherwise provided in RC 2919.23(D)(2),
violation of division (a)(1) of this section is a misdemeanor of the first degree. A violation of division (a)(2) or (3) of this
section is a misdemeanor of the third degree. A violation of division (b) of this section is a misdemeanor of the first degree.
Each day of violation of division (b) of this section is a separate offense.
(RC 2919.23; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
609.06
Child Stealing—Repealed
Note: Former section 609.06 was repealed by Ord. No. 834-03, passed 6-10-03, eff. 6-12-03.
609.07
Domestic Violence
(a) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(b) No person shall recklessly cause serious physical harm to a family or household member.
(c) 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.
(d) As used in this section:
(1) “Family or household member” means any of the following:
A. Any of the following who is residing or has resided with the offender:
1. A spouse, a person living as a spouse or a former spouse of the offender;
2. A parent or a child of the offender, or another person related by consanguinity or affinity to the offender;
3. 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.
B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
(2) “Person living as a spouse” means 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.
(e) Whoever violates this section is guilty of domestic violence. A violation of division (a) or (b) of this section is a
misdemeanor of the first degree, if the offender has not previously been convicted of domestic violence or a violation of
Sections 2903.11, 2903.12, 2903.13, 2903.14, 2909.06, 2909.07, 2903.211, 2911.12, or 2911.211, 2919.22, of the Revised
Code, or Section 621.03 of the General Offenses Code involving a person who was a family or household member at the
time of such violation. A violation of division (c) of this section is a misdemeanor of the fourth degree. (RC 2919.25) If the
offender has a prior conviction of domestic violence under this section or a code section enumerated in this division (e),
then on a first offense, a violation of division (c) of this section is a misdemeanor of the second degree. A violation of
division (c) of this section is a misdemeanor of the first degree if the offender has two prior convictions of domestic
violence under this section or a code section enumerated in this division (e).
(f) The same relief available under the Revised Code for filing a complaint for violation of Section 2919.25 of the Revised
Code shall be available for filing a complaint for violation of this section.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
609.08
Temporary Protection Order
(a) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to Section 2919.26 or 3113.31 of the Revised Code;
(2) A protection order issued pursuant to Section 2903.213 or 2903.214 of the Revised Code;
(3) A protection order issued by a court of another state;
(b) Except as otherwise provided in divisions (B)(3) and (B)(4) of Section 2919.27 of the Revised Code, if the offense
involves a violation of this section, violating a protection order is a misdemeanor of the first degree.
(c) It is an affirmative defense to a charge under division (a)(3) of this section that the protection order issued by a court of
another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be
accorded full faith and credit by a court of this state or that is not entitled to full faith and credit under 18 U.S.C. 2265(c).
(d) As used in this section, “protection order issued by a court of another state” means an injunction or another order
issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against,
contact or communication with, or physical proximity to another person, including a temporary order, and means an
injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order
issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in
response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. “Protection order issued
by a court of another state” does not include an order for support or for custody of a child issued pursuant to the divorce
and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled
to full faith and credit under the laws of the United States. (RC 2919.27)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
609.09
Criminal Child Enticement
(a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice or lure any child under
fourteen years of age to accompany the person in any manner, including entering into any vehicle, as defined in Section
4501.01 of the Revised Code, or onto any vessel, as defined in Section 1547.01 of the Revised Code, whether or not the
offender knows the age of the child, if both of the following apply:
(1) The actor does not have the express or implied permission of the parent, guardian or other legal custodian of the child
in undertaking the activity;
(2) The actor is not a law enforcement officer, medic, firefighter or other person who regularly provides emergency
services, and is not an employee or agent of, or a volunteer acting under the direction of any Board of Education, or the
actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of his
lawful duties in that capacity.
(b) It is an affirmative defense to a charge under division (a) of this section that the actor undertook the activity in
response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was
necessary to preserve the health, safety or welfare of the child.
(c) Whoever violates this section is guilty of criminal child enticement, a misdemeanor of the first degree. This section
does not apply if the offender previously has been convicted of this section or Sections 2909.05, 2907.02, 2907.03,
2907.12, 2905.01, or 2907.05 of the Revised Code when the victim of that prior offense was under seventeen years of age
at the time of the offense. (RC 2905.05)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
609.10
Contributing to Unruliness or Delinquency of a Child
(a) No person, including a parent, guardian, or other custodian of a child, shall do either 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 as
defined in Section 2151.022 of the Revised Code or a delinquent child as defined in Section 2151.02 of the Revised Code.
(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child as defined in Section
2151.022 of the Revised Code, or a delinquent child as defined in Section 2151.02 of the Revised Code.
(3) If the person is the parent, guardian, or custodian of a child who has the duties under Chapters 2152 and 2950 of the
Revised Code 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 Section 2919.121 of the Revised Code,
fail to ensure that the child complies with those duties under Chapters 2152 and 2950 of the Revised Code.
(b) 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. (RC 2919.24)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
tle I — General Offenses
Chapter 611 — Gambling
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Lotteries prohibited; exception, O Const Art XV §6
Search warrants, RC 2933.21(E)
Games of chance in parks, CO 559.38
Gambling prohibited at airports, CO 571.19
Games of chance in billiard rooms, CO 688.14
Gambling at public dances, CO 690.09
Gambling at shooting galleries, CO 695.07
611.01
Definition
As used in this chapter:
(a) “Bookmaking” means the business of receiving or paying off bets.
(b) “Bet” means the hazarding of anything of value upon the result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(c) “Scheme of chance” means a slot machine, lottery, numbers game, pool conducted for profit, or other scheme in which
a participant gives a valuable consideration for a chance to win a prize, but does not include bingo, a skill-based
amusement machine, or a pool not conducted for profit.
(d) “Game of chance” means poker, craps, roulette, or other game in which a player gives anything of value in the hope of
gain, the outcome of which is determined largely by chance, but does not include bingo.
(e) “Game of chance conducted for profit” means any game of chance designed to produce income for the person who
conducts or operates the game of chance, but does not include bingo.
(f) “Gambling device” means any of the following:
(1) A book, totalizer, or other equipment for recording bets;
(2) A ticket, token, or other device representing a chance, share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel, slot machine, or other apparatus designed for use in connection
with a game of chance;
(4) Any equipment, device, apparatus, or paraphernalia specially designed for gambling purposes;
(5) Bingo supplies sold or otherwise provided, or used, in violation of this chapter.
(g) “Gambling offense” means any of the following:
(1) A violation of Sections 611.02 to 611.10 or Sections 2915.02 to 2915.11 of the Revised Code;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States
substantially equivalent to any section listed in division (g)(1) of this section or a violation of Section 2915.06 of the
Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal ordinance or law of this or any other state or the United States, of
which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (g) of this section.
(h) Except as otherwise provided in this chapter, “charitable organization” means any tax exempt religious, educational,
veteran's, fraternal, sporting, service, nonprofit medical, volunteer rescue service, volunteer firefighter's, senior citizen's,
historic railroad educational, youth athletic, amateur athletic, or youth athletic park organization. An organization is tax
exempt if the organization is, and has received from the internal revenue service a determination letter that currently is in
effect stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code, or if the organization is
a sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in
subsection 501(c)(7) of the Internal Revenue Code. To qualify as a charitable organization, an organization, except a
volunteer rescue service or volunteer fire fighter's organization, shall have been in continuous existence as such in this
state for a period of two years immediately preceding either the making of an application for a bingo license under Section
2915.08 of the Revised Code or the conducting of any game of chance as provided in division (D) of Section 2915.02 of the
Revised Code. A charitable organization that is exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3) of the Internal Revenue Code and that is created by a veteran's organization, a fraternal
organization, or a sporting organization does not have to have been in continuous existence as such in this state for a
period of two years immediately preceding either the making of an application for a bingo license under Section 2915.08 of
the Revised Code or the conducting of any game of chance as provided in division (D) of Section 2915.02 of the Revised
Code.
(i) “Religious organization” means any church, body of communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship and religious observances.
(j) “Educational organization” means any organization within this state that is not organized for profit, the primary
purpose of which is to educate and develop the capabilities of individuals through instruction by means of operating or
contributing to the support of a school, academy, college, or university.
(k) “Veteran's organization” means any individual post or state headquarters of a national veteran's association or an
auxiliary unit of any individual post of a national veteran's association, which post, state headquarters, or auxiliary unit
has been in continuous existence in this state for at least two years and incorporated as a nonprofit corporation and either
has received a letter from the state headquarters of the national veteran's association indicating that the individual post or
auxiliary unit is in good standing with the national veteran's association or has received a letter from the national veteran's
association indicating that the state headquarters is in good standing with the national veteran's association. As used in
this division, “national veteran's association” means any veteran's association that has been in continuous existence as
such for a period of at least five years and either is incorporated by an act of the United States congress or has a national
dues-paying membership of at least five thousand persons.
(l) “Volunteer firefighter's organization” means any organization of volunteer firefighters, as defined in Section 146.01 of
the Revised Code, that is organized and operated exclusively to provide financial support for a volunteer fire department
or a volunteer fire company and that is recognized or ratified by a county, municipal corporation, or township.
(m) “Fraternal organization” means any society, order, state headquarters, or association within this state, except a college
or high school fraternity, that is not organized for profit, that is a branch, lodge, or chapter of a national or state
organization, that exists exclusively for the common business or sodality of its members, and that has been in continuous
existence in this state for a period of five years.
(n) “Volunteer rescue service organization” means any organization of volunteers organized to function as an emergency
medical service organization, as defined in Section 4765.01 of the Revised Code.
(o) “Service organization” means either of the following:
(1) Any organization, not organized for profit, that is organized and operated exclusively to provide, or to contribute to the
support of organizations or institutions organized and operated exclusively to provide, medical and therapeutic services
for persons who are crippled, born with birth defects, or have any other mental or physical defect or those organized and
operated exclusively to protect, or to contribute to the support of organizations or institutions organized and operated
exclusively to protect, animals from inhumane treatment or provide immediate shelter to victims of domestic violence;
(2) Any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is
either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code and that is an organization, nor organized for profit, that is organized and
operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated
primarily to provide, medical and therapeutic services for persons who are crippled, born with birth defects, or have any
other mental or physical defect.
(p) “Nonprofit medical organization” means either of the following:
(1) Any organization that has been incorporated as a nonprofit corporation for at least five years and that has continuously
operated and will be operated exclusively to provide, or to contribute to the support of organizations or institutions
organized and operated exclusively to provide, hospital, medical, research, or therapeutic services for the public;
(2) Any organization that is described and qualified under subsection 501(c)(3) of the Internal Revenue Code, that has
been incorporated as a nonprofit corporation for at least five years, and that has continuously operated and will be
operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated
primarily to provide, hospital, medical, research, or therapeutic services for the public.
(q) “Senior citizen's organization” means any private organization, not organized for profit, that is organized and operated
exclusively to provide recreational or social services for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the Internal Revenue Code.
(r) “Charitable bingo game” means any bingo game described in division (s)(1) or (2) of this section that is conducted by a
charitable organization that has obtained a license under Section 2915.08 of the Revised Code and the proceeds of which
are used for a charitable purpose.
(s) “Bingo” means either of the following:
(1) A game with all of the following characteristics:
A. The participants use bingo cards or sheets, including paper formats and electronic representation or image formats,
that are divided into twenty-five spaces arranged in five horizontal and five vertical rows of spaces, with each space, except
the central space, being designated by a combination of a letter and a number and with the central space being designated
as a free space.
B. The participants cover the spaces on the bingo cards or sheets that correspond to combinations of letters and numbers
that are announced by a bingo game operator.
C. A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game
operator selects by chance, either manually or mechanically, from a receptacle that contains seventy-five objects at the
beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one
of the seventy-five possible combinations of a letter and a number that can appear on the bingo cards or sheets.
D. The winner of the bingo game includes any participant who properly announces during the interval between the
announcements of letters and numbers as described in division (s)(1)C. of this section, that a predetermined and
preannounced pattern of spaces has been covered on a bingo card or sheet being used by the participant.
(2) Instant bingo, punch boards, and raffles.
(t) “Conduct” means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of bingo or a
game of chance.
(u) “Bingo game operator” means any person, except security personnel, who performs work or labor at the site of bingo,
including, but not limited to, collecting money from participants, handing out bingo cards or sheets or objects to cover
spaces on bingo cards or sheets, selecting from a receptacle the objects that contain the combination of letters and
numbers that appear on bingo cards or sheets, calling out the combinations of letters and numbers, distributing prizes,
selling or redeeming instant bingo tickets or cards, supervising the operation of a punch board, selling raffle tickets,
selecting raffle tickets from a receptacle and announcing the winning numbers in a raffle, and preparing, selling, and
serving food or beverages.
(v) “Participant” means any person who plays bingo.
(w) “Bingo session” means a period that includes both of the following:
(1) Not to exceed five continuous hours for the conduct of one or more games described in division (s)(1) of this section,
instant bingo, and seal cards;
(2) A period for the conduct of instant bingo and seal cards for not more than two hours before and not more than two
hours after the period described in division (w)(1) of this section.
(x) “Gross receipts” means all money or assets, including admission fees, that a person receives from bingo without the
deduction of any amounts for prizes paid out or for the expenses of conducting bingo. “Gross receipts” does not include
any money directly taken in from the sale of food or beverages by a charitable organization conducting bingo, or by a bona
fide auxiliary unit or society of a charitable organization conducting bingo, provided all of the following apply:
(1) The auxiliary unit or society has been in existence as a bona fide auxiliary unit or society of the charitable organization
for at least two years prior to conducting bingo.
(2) The person who purchases the food or beverage receives nothing of value except the food or beverage and items
customarily received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and reasonable prices.
(y) “Security personnel” includes any person who either is a sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a municipal corporation or has successfully completed a peace
officer's training course under Sections 109.71 to 109.79 of the Revised Code and who is hired to provide security for the
premises on which bingo is conducted.
(z) “Charitable purpose” means that the net profit of bingo, other than instant bingo, is used by, or is given, donated, or
otherwise transferred to, any of the following:
(1) Any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is
either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code;
(2) A veteran's organization that is a post, chapter, or organization of veterans, or an auxiliary unit or society of, or a trust
or foundation for, any such post, chapter, or organization organized in the United States or any of its possessions, at least
seventy-five per cent of the members of which are veterans and substantially all of the other members of which are
individuals who are spouses, widows, or widowers of veterans, or such individuals, provided that no part of the net
earnings of such post, chapter, or organization inures to the benefit of any private shareholder or individual, and further
provided that the net profit is used by the post, chapter, or organization for the charitable purposes set forth in division
(B)(12) of Section 5739.02 of the Revised Code, is used for awarding scholarships to or for attendance at an institution
mentioned in division (B)(12) of Section 5739.02 of the Revised Code, is donated to a governmental agency, or is used for
nonprofit youth activities, the purchase of United States or Ohio flags that are donated to schools, youth groups, or other
bona fide nonprofit organizations, promotion of patriotism, or disaster relief;
(3) A fraternal organization that has been in continuous existence in this state for fifteen years and that uses the net profit
exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children
or animals, if contributions for such use would qualify as a deductible charitable contribution under subsection 170 of the
Internal Revenue Code;
(4) A volunteer firefighter's organization that uses the net profit for the purposes set forth in division (1) of this section.
(aa) “Internal Revenue Code” means the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.
(bb) “Youth athletic organization” means any organization, not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate, athletic activities for persons who are twenty-one years of age or
younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or
association.
(cc) “Youth athletic park organization” means any organization, not organized for profit, that satisfies both of the
following:
(1) It owns, operates, and maintains playing fields that satisfy both of the following:
A. The playing fields are used at least one hundred days per year for athletic activities by one or more organizations, not
organized for profit, each of which is organized and operated exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or association.
B. The playing fields are not used for any profit-making activity at any time during the year.
(2) It uses the proceeds of bingo it conducts exclusively for the operation, maintenance, and improvement of its playing
fields of the type described in division (cc)(1) of this section.
(dd) “Amateur athletic organization” means any organization, not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate, athletic activities for persons who are training for amateur
athletic competition that is sanctioned by a national governing body as defined in the “Amateur Sports Act of 1978,” 90
Stat. 3045, 36 U.S.C.A. 373.
(ee) “Bingo supplies” means bingo cards or sheets; instant bingo tickets or cards; electronic bingo aids; raffle tickets;
punch boards; seal cards; instant bingo ticket dispensers; and devices for selecting or displaying the combination of bingo
letters and numbers or raffle tickets. Items that are “bingo supplies” are not gambling devices if sold or otherwise
provided, and used, in accordance with this chapter. For purposes of this chapter, “bingo supplies” are not to be
considered equipment used to conduct a bingo game.
(ff) “Instant bingo” means a form of bingo that uses folded or banded tickets or paper cards with perforated break-open
tabs, a face of which is covered or otherwise hidden from view to conceal a number, letter, or symbol, or set of numbers,
letters, or symbols, some of which have been designated in advance as prize winners. “Instant bingo” includes seal cards.
“Instant bingo” does not include any device that is activated by the insertion of a coin, currency, token, or an equivalent,
and that contains as one of its components a video display monitor that is capable of displaying numbers, letters, symbols,
or characters in winning or losing combinations.
(gg) “Seal card” means a form of instant bingo that uses instant bingo tickets in conjunction with a board or placard that
contains one or more seals that, when removed or opened, reveal predesignated winning numbers, letters, or symbols.
(hh) “Raffle” means a form of bingo in which the one or more prizes are won by one or more persons who have purchased
a raffle ticket. The one or more winners of the raffle are determined by drawing a ticket stub or other detachable section
from a receptacle containing ticket stubs or detachable sections corresponding to all tickets sold for the raffle.
(ii) “Punch board” means a board containing a number of holes or receptacles of uniform size in which are placed,
mechanically and randomly, serially numbered slips of paper that may be punched or drawn from the hole or receptacle
when used in conjunction with instant bingo. A player may punch or draw the numbered slips of paper from the holes or
receptacles and obtain the prize established for the game if the number drawn corresponds to a winning number or, if the
punch board includes the use of a seal card, a potential winning number.
(jj) “Gross profit” means gross receipts minus the amount actually expended for the payment of prize awards.
(kk) “Net profit” means gross profit minus expenses.
(ll) “Expenses” means the reasonable amount of gross profit actually expended for all of the following:
(1) The purchase or lease of bingo supplies;
(2) The annual license fee required under Section 2915.08 of the Revised Code;
(3) Bank fees and service charges for a bingo session or game account described in Section 2915.10 of the Revised Code;
(4) Audits and accounting services;
(5) Safes;
(6) Cash registers;
(7) Hiring security personnel;
(8) Advertising bingo;
(9) Renting premises in which to conduct a bingo session;
(10) Tables and chairs;
(11) Expenses for maintaining and operating a charitable organization's facilities, including, but not limited to, a post
home, club house, lounge, tavern, or canteen and any grounds attached to the post home, club house, lounge, tavern, or
canteen;
(12) Any other product or service directly related to the conduct of bingo that is authorized in rules adopted by the
attorney general under division (B)(1) of Section 2915.08 of the Revised Code.
(mm) “Person” has the same meaning as in Section 1.59 of the Revised Code and includes any firm or any other legal
entity, however organized.
(nn) “Distributor” means any person who purchases or obtains bingo supplies and who does either of the following:
(1) Sells, offers for sale, or otherwise provides or offers to provide the bingo supplies to another person for use in this state.
(2) Modifies, converts, adds to, or removes parts from the bingo supplies to further their promotion or sale for use in this
state.
(oo) “Manufacturer” means any person who assembles completed bingo supplies from raw materials, other items, or
subparts or who modifies, converts, adds to, or removes parts from bingo supplies to further their promotion or sale.
(pp) (1) “Electronic bingo aid” means an electronic device used by a participant to monitor bingo cards or sheets
purchased at the time and place of a bingo session and that does all of the following:
A. It provides a means for a participant to input numbers and letters announced by a bingo caller.
B. It compares the numbers and letters entered by the participant to the bingo faces previously stored in the memory of
the device.
C. It identifies a winning bingo pattern.
(2) “Electronic bingo aid” does not include any device into which a coin, currency, token, or an equivalent is inserted to
activate play.
(qq) (1) “Slot” machine means either of the following:
A. Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player who gives the thing of value in the hope of gain, the outcome of which is determined largely
or wholly by chance;
B. Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player to conduct or dispense bingo or a scheme or game of chance.
(2) “Slot machine” does not include a skill-based amusement machine.
(rr) “Historic railroad educational organization” means an organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that owns in fee simple the tracks
and the right of way of a historic railroad that the organization restores or maintains and on which the organization
provides excursions as part of a program to promote tourism and educate visitors regarding the role of railroad
transportation in Ohio history, and that received as donations from a charitable organization that holds a license to
conduct bingo under this chapter an amount equal to at least fifty per cent of that licensed charitable organization's net
proceeds from the conduct of bingo during each of the five years preceding June 30, 2003. “Historic railroad” means all or
a portion of the tracks and right of way of a railroad that was owned and operated by a for profit common carrier in this
state at any time prior to January 1, 1950.
(ss) (1) “Skill-based amusement machine” means a skill-based amusement device, such as a mechanical, electronic, video,
or digital device, or machine, whether or not the skill-based amusement machine requires payment for use through a coin
or bill validator or other payment of consideration or value to participate in the machine's offering or to activate the
machine, provided that all of the following apply:
A. The machine involves a task, game, play, contest, competition, or tournament in which the player actively participates
in the task, game, play, contest, competition, or tournament.
B. The outcome of an individual's play and participation is not determined largely or wholly by chance.
C. The outcome of play during a game is not controlled by a person not actively participating in the game.
(2) All of the following apply to any machine that is operated as described in division (aaa)(1) of this section:
A. As used in this section, “task,” “game,” and “play” mean one event from the initial activation of the machine until the
results of play are determined without payment of additional consideration. An individual utilizing a machine that
involves a single task, game, play, contest, competition, or tournament may be awarded prizes based on the results of play.
B. Advance play for a single task, game, play, contest, competition, or tournament participation may be purchased. The
cost of the contest, competition, or tournament participation may be greater than a single non-contest, competition, or
tournament play.
C. To the extent that the machine is used in a contest, competition, or tournament, that contest, competition, or
tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking
results toward the awarding of prizes that are stated prior to the start of the contest, competition, or tournament.
(tt) “Pool not conducted for profit” means a scheme in which a participant gives a valuable consideration for a chance to
win a prize and the total amount of consideration wagered is distributed to a participant or participants.
(uu) “Sporting organization” means a hunting, fishing, or trapping organization, other than a college or high school
fraternity or sorority, that is not organized for profit, that is affiliated with a state or national sporting organization,
including but not limited to, the Ohio League of sportsmen, and that has been in continuous existence in this state for a
period of three years.
(vv) “Charitable game of chance operator” means any person, except security personnel, who perform work or labor at the
site of a charitable game of chance, including, but not limited to, distributing or collecting money, chips, cards, or dice
from participants, distributing anything of value to winners of the charitable game of chance, and serving food or
beverages.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.01 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.02
Gambling; Exceptions for Charitable Organizations
(a) No person shall do any of the following:
(1) Engage in bookmaking, or knowingly engage in conduct that facilitates bookmaking;
(2) Establish, promote, or operate or knowingly engage in conduct that facilitates any game of chance conducted for profit
or any scheme of chance;
(3) Knowingly procure, transmit, exchange, or engage in conduct that facilitates the procurement, transmission, or
exchange of information for use in establishing odds or determining winners in connection with bookmaking or with any
game of chance conducted for profit or any scheme of chance;
(4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;
(5) With purpose to violate this section, acquire, possess, control, or operate any gambling device.
(b) For purposes of division (a)(1) of this section, a person facilitates bookmaking if the person in any way knowingly aids
an illegal bookmaking operation, including, without limitation, placing a bet with a person engaged in or facilitating illegal
bookmaking. For purposes of division (a)(2) of this section, a person facilitates a game of chance conducted for profit or a
scheme of chance if the person in any way knowingly aids in the conduct or operation of any such game or scheme,
including, without limitation, playing any such game or scheme.
(c) This section does not prohibit conduct in connection with gambling expressly permitted by law.
(d) This section does not apply to any of the following:
(1) Games of chance, if all of the following apply:
A. The games of chance are not craps for money or roulette for money.
B. The games of chance are conducted by a charitable organization that is, and has received from the internal revenue
service a determination letter that is currently in effect, stating that the organization is, exempt from federal income
taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code.
C. The games of chance are conducted at festivals of the charitable organization that are conducted either for a period of
four consecutive days or less and not more than twice a year or for a period of five consecutive days not more than once a
year, and are conducted on premises owned by the charitable organization for a period of no less than one year
immediately preceding the conducting of the games of chance, on premises leased from a governmental unit, or on
premises that are leased from a veteran's or fraternal organization and that have been owned by the lessor veteran's or
fraternal organization for a period of no less than one year immediately preceding the conducting of the games of chance.
A charitable organization shall not lease premises from a veteran's or fraternal organization to conduct a festival described
in division (d)(1)C. of this section if the veteran's or fraternal organization already has leased the premises four times
during the preceding year to charitable organizations for that purpose. If a charitable organization leases premises from a
veteran's or fraternal organization to conduct a festival described in division (d)(1)C. of this section, the charitable
organization shall not pay a rental rate for the premises per day of the festival that exceeds the rental rate per bingo
session that a charitable organization may pay under division (B)(1) of Section 2915.09 of the Revised Code when it leases
premises from another charitable organization to conduct bingo games.
D. All of the money or assets received from the games of chance after deduction only of prizes paid out during the conduct
of the games of chance are used by, or given, donated, or otherwise transferred to, any organization that is described in
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an
organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue
Code;
E. The games of chance are not conducted during, or within ten hours of, a bingo game conducted for amusement
purposes only under Section 2915.12 of the Revised Code.
No person shall receive any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation,
directly or indirectly, for operating or assisting in the operation of any game of chance.
(2) Any tag fishing tournament operated under a permit issued under Section 1533.92 of the Revised Code, as “tag fishing
tournament” is defined in Section 1531.01 of the Revised Code.
(3) Bingo conducted by a charitable organization that holds a license issued under Section 2915.08 of the Revised Code.
(e) Division (d) of this section shall not be construed to authorize the sale, lease, or other temporary or permanent transfer
of the right to conduct games of chance, as granted by that division, by any charitable organization that is granted that
right.
(f) Whoever violates this section is guilty of gambling, a misdemeanor of the first degree. This section shall not apply in
any case in which the conduct constitutes a felony under the laws of the State of Ohio.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.02 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.03
Charitable Games of Chance; Hours and Operators
(a) No charitable organization shall conduct a charitable game of chance or charitable scheme of chance between the hours
of mid-night and 10:00 a.m. on Mondays through Fridays, and no charitable organization shall conduct a charitable game
of chance or charitable scheme of chance between the hours of 1:00 a.m. and 10:00 a.m. on Saturdays and Sundays.
(b) No person who has been convicted for a felony or gambling offense in any jurisdiction shall serve as a charitable game
of chance operator.
(c) No person who is under the age of 18 years shall serve as a charitable game of chance operator.
(d) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree. Each day upon which a
violation occurs shall constitute a separate offense.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.03 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.04
Registration Required for Charitable Games of Chance; Fee
(a) No charitable organization shall conduct a charitable game of chance, as defined in the Revised Code, without first
registering with the Director of Public Safety in accordance with this section.
(b) The registration to conduct a charitable game of chance shall be furnished by the Director of Public Safety and shall
contain the following information:
(1) the name and address of the charitable organization;
(2) an affirmation that the charitable organization is a charitable organization;
(3) the location at which the charitable organization will conduct the game of chance;
(4) the days of the week and the times on each of such days when a game of chance will be conducted;
(5) a sworn statement that charitable organization will comply with all of the requirements for conducting a game of
chance under Section 2915.02 of the Revised Code;
(6) a sworn statement that it will take reasonable steps to ensure that all of the charitable game of chance operators are
volunteers, are over the age of 18 and are not felons, and that none of the volunteers will be paid. A signed affidavit from
each charitable game of chance operator attesting to these facts is a reasonable step. The Director of Public Safety shall
provide sample affidavits to any charitable organization requesting them;
(7) a sworn statement that the charitable organization is receiving 100% of the proceeds less any costs or expenses allowed
by law;
(8) identification of the source of the equipment and supplies for the operation of the charitable game of chance.
(c) A five dollar ($5.00) fee for each charitable game of chance shall accompany each registration application.
(d) Registration of a charitable game of chance shall be made at least twenty-one (21) days prior to the proposed date of
the charitable game of chance.
(e) Registration shall not be required for a charitable game of chance involving the sale of raffle tickets when the sale of
raffle tickets may occur at more than one location.
(f) The Director of Public Safety, upon receiving a completed registration form, shall issue to the applicant a proof of
registration. This proof of registration shall be kept at the gambling site during all hours of operation and shall be shown
to any Cleveland law enforcement officer who asks to see it.
(g) Whoever violates division (a) of this section is guilty of a fourth degree misdemeanor.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.04 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.05
Operating a Gambling House
(a) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall:
(1) Use or occupy such premises for gambling in violation of Section 611.02 or Section 2915.02 of the Revised Code;
(2) Recklessly permit such premises to be used or occupied for gambling in violation of Section 611.02 or Section 2915.02
of the Revised Code.
(b) Whoever violates this section is guilty of operating a gambling house, a misdemeanor of the first degree. This section
shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.
(c) Premises used or occupied in violation of this section constitute a nuisance subject to abatement under Sections
3767.01 to 3767.99 of the Revised Code.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.05 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.06
Public Gaming
(a) No person, while at a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business,
amusement, or resort shall make a bet or play any game of chance or scheme of chance.
(b) No person, being the owner or lessee, or having custody, control, or supervision, of a hotel, restaurant, tavern, store,
arena, hall, or other place of public accommodation, business, amusement, or resort shall recklessly permit those premises
to be used or occupied in violation of division (a) of this section.
(c) No person while on any sidewalk, street, court, or alleyway, or at any park, playground, or school property, or on any
City-owned or City-leased property shall make a bet or play any game of chance.
(d) Divisions (a) and (b) of this section do not prohibit conduct in connection with gambling expressly permitted by law.
(e) Whoever violates this section is guilty of public gaming. Except as otherwise provided in this division, public gaming is
a minor misdemeanor. If the offender previously has been convicted of any gambling offense, public gaming is a
misdemeanor of the fourth degree.
(f) Premises used or occupied in violation of division (b) of this section constitute a nuisance subject to abatement under
Chapter 3767 of the Revised Code.
(Ord. No. 293-05. Passed 12-5-05, eff. 12-12-05)
Note: Former section 611.06 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.07
Cheating
(a) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall engage in conduct designed
to corrupt the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill, or endurance that is not an athletic or sporting event;
(3) A scheme or game of chance;
(b) Whoever violates division (a) of this section is guilty of cheating. Cheating is a misdemeanor of the first degree. This
section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.07 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.08
Methods of Conducting a Licensed Bingo Game; Prohibitions
(a) No charitable organization that conducts bingo shall fail to do any of the following:
(1) Own all of the equipment used to conduct bingo or lease that equipment from a charitable organization that is licensed
to conduct bingo for a rental rate that is not more than is customary and reasonable for that equipment;
(2) Except as otherwise provided in division (a)(3) of this section, use all of the gross receipts from bingo for paying prizes,
for reimbursement of expenses for or for renting premises in which to conduct a bingo session, for reimbursement of
expenses for or for purchasing or leasing bingo supplies used in conducting bingo, for reimbursement of expenses for or
for hiring security personnel, for reimbursement of expenses for or for advertising bingo, or for reimbursement of other
expenses or for other expenses listed in division (LL) of Section 2915.01 of the Revised Code, provided that the amount of
the receipts so spent is not more than is customary and reasonable for a similar purchase, lease, hiring, advertising, or
expense. If the building in which bingo is conducted is owned by the charitable organization conducting bingo and the
bingo conducted includes a form of bingo described in division (S)(1) of Section 3915.01 of the Revised Code, the
charitable organization may deduct from the total amount of the gross receipts from each session a sum equal to the lesser
of six hundred dollars or forty-five per cent of the gross receipts from the bingo described in that division as consideration
for the use of the premises.
(3) Use, or give, donate, or otherwise transfer, all of the net profit derived from bingo, other than instant bingo, for a
charitable purpose listed in its license application and described in division (Z) of Section 2915.01 of the Revised Code.
(b) No charitable organization that conducts a bingo game described in division (S)(1) of Section 611.01 of the Revised
Code shall fail to do any of the following:
(1) Conduct the bingo game on premises that are owned by the charitable organization, on premises that are owned by
another charitable organization and leased from that charitable organization for a rental rate not in excess of the lesser of
six hundred dollars per bingo session or forty-five per cent of the gross receipts of the bingo session, on premises that are
leased from a person other than a charitable organization for a rental rate that is not more than is customary and
reasonable for premises that are similar in location, size, and quality but not in excess of four hundred fifty dollars per
bingo session, or on premises that are owned by a person other than a charitable organization, that are leased from that
person by another charitable organization, and that are subleased from that other charitable organization by the charitable
organization for a rental rate not in excess of four hundred fifty dollars per bingo session. If the charitable organization
leases from a person other than a charitable organization the premises on which it conducts bingo sessions, the lessor of
the premises shall provide only the premises to the organization and shall not provide the organization with bingo game
operators, security personnel, concessions or concession operators, bingo supplies, or any other type of service or
equipment. A charitable organization shall not lease or sublease premises that it owns or leases to more than one other
charitable organization per calendar week for the purpose of conducting bingo sessions on the premises. A person that is
not a charitable organization shall not lease premises that it owns, leases, or otherwise is empowered to lease to more than
one charitable organization per calendar week for conducting bingo sessions on the premises. In no case shall more than
two bingo sessions be conducted on any premises in any calendar week.
(2) Display its license conspicuously at the premises where the bingo session is conducted;
(3) Conduct the bingo session in accordance with the definition of bingo set forth in division (S)(1) of Section 2915.01 of
the Revised Code.
(c) No charitable organization that conducts a bingo game described in division (S)(1) of Section 2915.01 of the Revised
Code shall do any of the following:
(1) Pay any compensation to a bingo game operator for operating a bingo session that is conducted by the charitable
organization or for preparing, selling, or serving food or beverages at the site of the bingo session, permit any auxiliary
unit or society of the charitable organization to pay compensation to any bingo game operator who prepares, sells, or
serves food or beverages at a bingo session conducted by the charitable organization, or permit any auxiliary unit or
society of the charitable organization to prepare, sell, or serve food or beverages at a bingo session conducted by the
charitable organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare,
sell, or serve the food or beverages;
(2) Pay consulting fees to any person for any services performed in relation to the bingo session;
(3) Pay concession fees to any person who provides refreshments to the participants in the bingo session;
(4) Except as otherwise provided in division (c)(4) of this section, conduct more than two bingo sessions in any seven-day
period. A volunteer firefighter's organization or a volunteer rescue service organization that conducts not more than five
bingo sessions in a calendar year may conduct more than two bingo sessions in a seven-day period after notifying the
attorney general when it will conduct the sessions.
(5) Pay out more than three thousand five hundred dollars in prizes for bingo games described in division (s)(1) of Section
2915.01 of the Revised Code during any bingo session that is conducted by the charitable organization. “Prizes” does not
include awards from the conduct of instant bingo.
(6) Conduct a bingo session at any time during the ten-hour period between midnight and ten a.m., at any time during, or
within ten hours of, a bingo game conducted for amusement only under Section 2915.12 of the Revised Code, at any
premises not specified on its license, or on any day of the week or during any time period not specified on its license.
Division (a)(6) of this section does not prohibit the sale of instant bingo tickets beginning at nine a.m. for a bingo session
that begins at ten a.m. If circumstances make it impractical for the charitable organization to conduct a bingo session at
the premises, or on the day of the week or at the time, specified on its license or if a charitable organization wants to
conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license, the charitable
organization may apply in writing to the attorney general for an amended license under division (F) of Section 2915.08 of
the Revised Code. A charitable organization may apply twice in each calendar year for an amended license to conduct
bingo sessions on a day of the week or at a time other than the day or time specified on its license. If the amended license
is granted, the organization may conduct bingo sessions at the premises, on the day of the week, and at the time specified
on its amended license.
(7) Permit any person whom the charitable organization knows, or should have known, is under the age of eighteen to
work as a bingo game operator;
(8) Permit any person whom the charitable organization knows, or should have known, has been convicted of a felony or
gambling offense in any jurisdiction to be a bingo game operator;
(9) Permit the lessor of the premises on which the bingo session is conducted, if the lessor is not a charitable organization,
to provide the charitable organization with bingo game operators, security personnel, concessions, bingo supplies, or any
other type of service or equipment;
(10) Purchase or lease bingo supplies from any person except a distributor issued a license under Section 2915.081 of the
Revised Code;
(11) A. Use or permit the use of electronic bingo aids except under the following circumstances:
1. For any single participant, not more than ninety bingo faces can be played using an electronic bingo aid or aids.
2. The charitable organization shall provide a participant using an electronic bingo aid with corresponding paper bingo
cards or sheets.
3. The total price of bingo faces played with an electronic bingo aid shall be equal to the total price of the same number of
bingo faces played with a paper bingo card or sheet sold at the same bingo session but without an electronic bingo aid.
4. An electronic bingo aid cannot be part of an electronic network other than a network that includes only bingo aids and
devices that are located on the premises at which the bingo is being conducted or be interactive with any device not
located on the premises at which the bingo is being conducted.
5. An electronic bingo aid cannot be used to participate in bingo that is conducted at a location other than the location at
which the bingo session is conducted and at which the electronic bingo aid is used.
6. An electronic bingo aid cannot be used to provide for the input of numbers and letters announced by a bingo caller
other than the bingo caller who physically calls the numbers and letters at the location at which the bingo session is
conducted and at which the electronic bingo aid is used.
(12) Permit any person the charitable organization knows, or should have known, to be under eighteen years of age to play
bingo described in division (S)(1) of Section 2915.01 of the Revised Code.
(d) (1) Except as otherwise provided in division (d)(3) of this section, no charitable organization shall provide to a bingo
game operator, and no bingo game operator shall receive or accept, any commission, wage, salary, reward, tip, donation,
gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting bingo or providing
other work or labor at the site of bingo during a bingo session.
(e) Notwithstanding division (b)(1) of this section, a charitable organization that, prior to December 6, 1977, has entered
into written agreements for the lease of premises it owns to another charitable organization or other charitable
organizations for the conducting of bingo sessions so that more than two bingo sessions are conducted per calendar week
on the premises, and a person that is not a charitable organization and that, prior to December 6, 1977, has entered into
written agreements for the lease of premises it owns to charitable organizations for the conducting of more than two bingo
sessions per calendar week on the premises, may continue to lease the premises to those charitable organizations,
provided that no more than four sessions are conducted per calendar week, that the lessor organization or person has
notified the attorney general in writing of the organizations that will conduct the sessions and the days of the week and the
times of the day on which the sessions will be conducted, that the initial lease entered into with each organization that will
conduct the sessions was filed with the attorney general prior to December 6, 1977, and that each organization that will
conduct the sessions was issued a license to conduct bingo games by the attorney general prior to December 6, 1977.
(f) This section does not prohibit a bingo licensed charitable organization or a game operator from giving any person an
instant bingo ticket as a prize.
(g) Except as otherwise provided in this division, whoever violates division (a)(1) or (3), (b)(1), (2), or (3), (c)(1) to (12), or
(d) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of a violation of division
(a)(1) or (3), (b)(1), (2), or (3), (c)(1) to (11), or, (d) of this section, a violation of division (a)(1) or (3), (b)(1), (2), or (3), (c),
or (d) of this section is a misdemeanor of the first degree. Whoever violates division (d)(12) of this section is guilty of a
misdemeanor of the first degree. This section shall not apply in any case in which the conduct constitutes a felony under
the laws of the State of Ohio.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.08 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.09
Records to be Maintained; Enforcement; Prohibitions
(a) No charitable organization that conducts bingo or a game of chance pursuant to division (D) of Section 2915.02 of the
Revised Code shall fail to maintain the following records for at least three years from the date on which the bingo or game
of chance is conducted:
(1) An itemized list of the gross receipts of each bingo session, each game of instant bingo by serial number, each raffle,
each punch board game, and each game of chance, and an itemized list of the gross profits of each game of instant bingo
by serial number;
(2) An itemized list of all expenses, other than prizes, that are incurred in conducting bingo or instant bingo, the name of
each person to whom the expenses are paid, and a receipt for all of the expenses;
(3) A list of all prizes awarded during each bingo session, each raffle, each punch board game, and each game of chance
conducted by the charitable organization, the total prizes awarded from each game of instant bingo by serial number, and
the name, address, and social security number of all persons who are winners of prizes of six hundred dollars or more in
value;
(4) An itemized list of the recipients of the net profit of the bingo or game of chance, including the name and address of
each recipient to whom the money is distributed, and if the organization uses the net profit of bingo, or the money or
assets received from a game of chance, for any charitable or other purpose set forth in division (Z) of Section 2915.01,
division (D) of Section 2915.02, or Section 2915.101 of the Revised Code, a list of each purpose and an itemized list of each
expenditure for each purpose;
(5) The number of persons who participate in any bingo session or game of chance that is conducted by the charitable
organization;
(6) A list of receipts from the sale of food and beverages by the charitable organization or one of its auxiliary units or
societies, if the receipts were excluded from gross receipts under division (X) of Section 2915.01 of the Revised Code;
(7) An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of
instant bingo conducted by the charitable organization in the sale of food and beverages by the charitable organization or
by an auxiliary unit or society of the charitable organization, the name of each person to whom the expenses are paid, and
a receipt for all of the expenses.
(b) A charitable organization shall keep the records that it is required to maintain pursuant to division (a) of this section at
its principal place of business in this state or at its headquarters in this state and shall notify the attorney general of the
location at which those records are kept.
(c) The gross profit from each bingo session or game described in division (S)(1) or (2) of Section 2915.01 of the Revised
Code shall be deposited into a checking account devoted exclusively to the bingo session or game. Payments for allowable
expenses incurred in conducting the bingo session or game and payments to recipients of some or all of the net profit of
the bingo session or game shall be made only by checks drawn on the bingo session or game account.
(d) Each charitable organization shall conduct and record an inventory of all of its bingo supplies as of the first day of
November of each year.
(e) The attorney general may adopt rules in accordance with Chapter 119 of the Revised Code that establish standards of
accounting, record keeping, and reporting to ensure that gross receipts from bingo or games of chance are properly
accounted for.
(f) A distributor shall maintain, for a period of three years after the date of its sale or other provision, a record of each
instance of its selling or otherwise providing to another person bingo supplies for use in this state. The record shall include
all of the following for each instance:
(1) The name of the manufacturer from which the distributor purchased the bingo supplies and the date of the purchase;
(2) The name and address of the charitable organization or other distributor to which the bingo supplies were sold or
otherwise provided;
(3) A description that clearly identifies the bingo supplies;
(4) Invoices that include the non-repeating serial numbers of all paper bingo cards and sheets and all instant bingo deals
sold or otherwise provided to each charitable organization.
(g) A manufacturer shall maintain, for a period of three years after the date of its sale or other provision, a record of each
instance of its selling or otherwise providing bingo supplies for use in this state. The record shall include all of the
following for each instance:
(1) The name and address of the distributor to whom the bingo supplies were sold or otherwise provided;
(2) A description that clearly identifies the bingo supplies, including serial numbers;
(3) Invoices that include the non-repeating serial numbers of all paper bingo cards and sheets and all instant bingo deals
sold or otherwise provided to each distributor.
(h) The attorney general or any law enforcement agency may do all of the following:
(1) Investigate any charitable organization or any officer, agent, trustee, member, or employee of the organization;
(2) Examine the accounts and records of the organization;
(3) Conduct inspections, audits, and observations of bingo or games of chance;
(4) Conduct inspections of the premises where bingo or games of chance are conducted;
(5) Take any other necessary and reasonable action to determine if a violation of any provision of Sections 2915.01 to
2915.13 of the Revised Code has occurred and to determine whether Section 2915.11 of the Revised Code has been
complied with.
If any law enforcement agency has reasonable grounds to believe that a charitable organization or an officer, agent,
trustee, member, or employee of the organization has violated any provision of this chapter, the law enforcement agency
may proceed by action in the proper court to enforce this chapter, provided that the law enforcement agency shall give
written notice to the attorney general when commencing an action as described in this division.
(i) No person shall destroy, alter, conceal, withhold, or deny access to any accounts or records of a charitable organization
that have been requested for examination, or obstruct, impede, or interfere with any inspection, audit, or observation of
bingo or a game of chance or premises where bingo or a game of chance is conducted, or refuse to comply with any
reasonable request of, or obstruct, impede, or interfere with any other reasonable action undertaken by, the attorney
general or a law enforcement agency pursuant to division (h) of this section.
(j) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.09 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.10
Minor and Felon Not to Work at Bingo Session
(a) No person shall be a bingo game operator unless he is eighteen years of age or older.
(b) No person who has been convicted of a felony or a gambling offense in any jurisdiction shall be a bingo game operator.
(c) Whoever violates division (a) of this section is guilty of a misdemeanor of the third degree.
(d) Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.10 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
611.11
Game for Amusement Only Excepted; Conditions; Enforcement; Offense
(a) Sections 2915.07 to 2915.11 of the Revised Code do not apply to bingo games that are conducted for the purpose of
amusement only. A bingo game is conducted for the purpose of amusement only if it complies with all of the requirements
specified in either division (a)(1) or (2) of this section:
(1) A. The participants do not pay any money or any other thing of value including an admission fee, or any fee for bingo
cards or sheets, objects to cover the spaces, or other devices used in playing bingo, for the privilege of participating in the
bingo game, or to defray any costs of the game, or pay tips or make donations during or immediately before or after the
bingo game.
B. All prizes awarded during the course of the game are nonmonetary, and in the form of merchandise, goods, or
entitlements to goods or services only, and the total value of all prizes awarded during the game is less than one hundred
dollars.
C. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or
indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the
bingo game.
D. The bingo game is not conducted either during or within ten hours of any of the following:
1. A bingo session during which a charitable bingo game is conducted under Sections 2915.07 to 2915.11 of the Revised
Code;
2. A scheme or game of chance, or bingo described in division (S)(2) of Section 2915.01 of the Revised Code.
E. The number of players participating in the bingo game does not exceed fifty.
(2) A. The participants do not pay money or any other thing of value as an admission fee, and no participant is charged
more than twenty-five cents to purchase a bingo card or sheet, objects to cover the spaces, or other devices used in playing
bingo.
B. The total amount of money paid by all of the participants for bingo cards or sheets, objects to cover the spaces, or other
devices used in playing bingo does not exceed one hundred dollars.
C. All of the money paid for bingo cards or sheets, objects to cover spaces, or other devices used in playing bingo is used
only to pay winners monetary and nonmonetary prizes and to provide refreshments.
D. The total value of all prizes awarded during the game does not exceed one hundred dollars.
E. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or
indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the
bingo game.
F. The bingo game is not conducted during or within ten hours of either of the following:
1. A bingo session during which a charitable bingo game is conducted under Sections 2915.07 to 2915.11 of the Revised
Code;
2. A scheme of chance or game of chance, or bingo described in division (S)(2) of Section 2915.01 of the Revised Code.
G. All of the participants reside at the premises where the bingo game is conducted.
H. The bingo games are conducted on different days of the week and not more than twice in a calendar week.
(b) The attorney general or any local law enforcement agency may investigate the conduct of a bingo game that
purportedly is conducted for purposes of amusement only if there is reason to believe that the purported amusement
bingo game does not comply with the requirements of either division (a)(1) or (2) of this section. A local law enforcement
agency may proceed by action in the proper court to enforce this section if the local law enforcement agency gives written
notice to the attorney general when commencing the action.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
611.12
Permitting Unlawful Coin Machines
(a) No person shall exhibit, operate or permit the operation of any machine, device or instrument, whether or not it
purports to vend or distribute merchandise or to furnish recreation or amusement, which is operated by the insertion of
any token, slug or disc, or exhibit, operate or permit the operation of any machine, device or instrument which is operated
by the insertion of any coin, whether such machine, device or instrument purports to vend or distribute merchandise or to
furnish recreation or amusement, which as a result of such operation discharges one or more coins, tokens, slugs or discs,
or other memorandum of the result of operation which makes it possible for one user to receive more value than another
user inserting a similar coin.
(b) Whoever violates this section is guilty of permitting unlawful coin machines, a misdemeanor of the third degree.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Title I — General Offenses
Chapter 613 — Littering
Complete to June 30, 2010
CROSS REFERENCES
Littering enforcement by Traffic Engineering and Parking Division employees, CO 403.08
Vehicle loads dropping or leaking, CO 439.11
Drifting debris prohibited on City waters, CO 483.03
Depositing garbage on public or private property, CO 551.26
Obstructions and trash in parks, CO 559.29
Littering at airports, CO 571.16
613.01
Definitions
As used in this chapter, the following terms, phrases, words and their derivations shall have the following meanings. When
not inconsistent with the context, words used in the present tense include the future, words used in the plural number
include the singular number and words used in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
(a) "Commercial handbill" means any printed or written matter, any sample or devise, dodger, circular, leaflet, pamphlet,
paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
(1) Which advertises for sale any merchandise, product, commodity or thing;
(2) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose
of either directly or indirectly promoting the interest thereof by sales; or
(3) Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which
an admission fee is charged for the purpose of private gain or profit.
(b) "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and
consumption of food.
(c) "Litter" means "garbage", "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or
deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
(d) "Noncommercial handbill" means printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet,
newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of
literature not included in the aforementioned definitions of a commercial handbill.
(e) "Park" means a park, reservation, playground, beach, recreation center or any other public area in the City, owned or
used by the City and devoted to active or passive recreation.
(f) "Public property" or "public place" means all property owned, operated or controlled by any governmental agency,
including but not limited to streets, sidewalks, tree lawns, parks, playgrounds, parking lots, schools, libraries, post offices,
municipal transit facilities and other public lands and buildings.
(g) "Private property" or "private places" means all property not included in the definition of "public property" including,
but not limited to, vacant land or to any land, building or other structure designed or used for residential, commercial,
business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch,
steps, vestibule, mailbox and other structure appurtenant thereto.
(h) "Refuse" means all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial wastes.
(i) "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as
paper, wrappings, dirt, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
(j) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a
highway.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.02
Litter on Public Property; Feeding Birds
(a) No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in
public receptacles or in authorized receptacles for collection.
(b) No person shall litter public property by the feeding of pigeons, starlings, sparrows or other birds, nor shall any person
place food for the feeding of such birds on any public property so as to increase the hazard of rodent infestation.
(Ord. No. 767-49. Passed 6-27-49)
613.03
Placement of Litter in Receptacles to Prevent Scattering
Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from
being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.04
Upsetting Public or Private Receptacles
No person shall upset a public or private receptacle designed or used for the deposit of litter or cause or permit its contents
to be deposited or strewn in or upon public or private property.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.05
Depositing Litter Grass or Leaves in the Street
(a) No person shall throw, deposit or sweep into any gutter, sidewalk, street or other public place within the City the
accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or in
control of or occupying property shall keep the sidewalk in front of their premises free of litter.
(b) No person shall blow, dump or deposit leaves, grass clippings, or other lawn debris onto any public street or alley,
provided that nothing in this division (b) shall prohibit depositing leaves onto a public street or alley as part of a Citysponsored leaf pick-up program.
(Ord. No. 791-06. Passed 7-12-06, eff. 7-14-06)
613.06
Littering From Motor Vehicle
(a) No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard or deposit litter from any
motor vehicle in operation upon any street, road or highway, except into a litter receptacle in a manner that prevents its
being carried away or deposited by the elements.
(b) No operator of a motor vehicle in operation upon any street, road or highway shall allow litter to be thrown, dropped,
discarded or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried
away or deposited by the elements.
(c) As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes,
automobile parts, furniture, glass or anything else of an unsightly or unsanitary nature.
(RC 4511.82; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
613.07
Truck Loads Causing Litter
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so loaded as to prevent any
load, contents or litter from being blown or deposited upon any street, alley or other public place.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.08
Litter in Parks
No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that
the litter will be prevented from being carried or deposited by the elements upon any part of that park or upon any street
or other public or private property. Where public receptacles are not provided, all such litter shall be carried away from
the park by the person responsible for its presence and properly disposed of elsewhere.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.09
Litter in Lakes, Rivers and Watercourses
(a) No person shall throw or deposit litter in any fountain, pond or any other body of water or natural watercourse in a
park or elsewhere within the City.
(b) No person shall deposit, throw or dump any septic tank effluent, refuse, rubbish, wood, stone, earth or other waste into
Lake Erie, the Cuyahoga River or any other body of water or watercourse, except when done under the supervision and
control of the City or the United States Government.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.10
Discharging Oily Refuse
(a) No distiller, refiner or person dealing in or handling petroleum, having his refinery, yard, building or dock situated
within the limits of the City, or within the watercourse jurisdiction of the City, shall cause or permit to be discharged into
the Cuyahoga River, or into any stream running into the same, any petroleum, tar, residuum, gasoline or other refuse
matter, not including spent acid or alkali, when the same has been entirely freed from tar, residuum or oily matter.
(b) The absence of proper apparatus for taking care of and preventing the flowing of these substances into the River, shall
be deemed sufficient evidence of violation. Any works, refineries, docks or yards, so found without such apparatus, shall
be suspended from operating until such time as they are provided with the necessary apparatus for preventing such
nuisance.
(c) All refineries, docks, yards or works where oils or tar are refined, treated or handled, shall be thoroughly cleaned of all
waste, oils, tar, residuum or other waste matter, and kept free from the same. However, such waste or refuse matter may
be stored in tanks or barrels.
(Ord. No. 63410-A. Passed 9-22-24)
613.11
Throwing or Distributing Handbills in Public Places
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other
public place within the City. Nor shall any person hand out or distribute or sell any commercial handbill in any public
place. However, it shall not be unlawful on any sidewalk, street or other public place unless specifically prohibited by the
controlling governmental agency, for any person to hand out or distribute, without charge to the receiver thereof, any
noncommercial handbill to any person willing to accept it, and provided further that the person making the distribution
shall not hamper or interfere with pedestrian or vehicular traffic.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.12
Placing Commercial and Noncommercial Handbills on Vehicles
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. However, it shall not
be unlawful in any public place unless specifically prohibited by the controlling governmental agency for a person to hand
out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is
willing to accept it.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.13
Litter on Occupied Private Property
No person shall throw or deposit any litter on any occupied private property except in properly maintained receptacles.
The owner or person in control of private property must provide sufficient private receptacles for collection of litter. No
person shall deposit litter in receptacles in such a manner that it will be carried or deposited by the elements upon private
property or any sidewalk, street or other public place.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.14
Owner to Maintain Premises Free of Litter
The owner, occupant or person in control of any private property shall at all times maintain the premises free of litter
except that which is contained in receptacles for collection.
(Ord. No. 1695-65. Passed 10-18-65, eff. 10-20-65)
613.15
Litter on Vacant Land
(a) No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such
person or not.
(b) No person shall throw or deposit food, including any food intended for animals, on any open or vacant private property
within the City whether owned by such person or not.
(Ord. No. 633-04. Passed 6-7-04, eff. 6-11-04)
613.99
Penalty
Whoever violates any provision of this chapter is guilty of littering, a minor misdemeanor. In addition to any other method
of enforcement provided in this Chapter, this Chapter may be enforced by the issuance of a citation in compliance with
Rule 4.1 of the Ohio Rules of Criminal Procedures.
(Ord. No. 1308-05. Passed 12-5-05, eff. 12-12-05)
Title I — General Offenses
Chapter 615 — Law Enforcement and Public Office
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Financial interest in contracts, Charter § 195, CO 171.38
Refusal to obey subpoena or produce evidence, CO 111.08
Director of Public Safety to make monthly crime statistics report to Council, CO 135.02
Claims against City for damages suffered in crime prevention or apprehension of criminals, CO 155.03
Certification of death, CO 233.01
Resisting police in parks, CO 559.55
Law enforcement officer defined, CO 601.01
Disposition of property held by Division of Police, CO 601.14
Misconduct at an emergency, CO 605.05
Making false alarms, CO 605.07
Law enforcement officers possessing nonissued firearms on duty, CO 627.22
Unlawful discriminatory conduct, CO Ch 667
615.01
Definitions
As used in this chapter:
(a) “Public official” means any elected or appointed officer, or employee, or agent of the State or any political subdivision
thereof, whether in a temporary or permanent capacity, and including without limitation legislators, judges and law
enforcement officers.
(b) “Public servant” means any of the following:
(1) Any public official;
(2) Any person performing ad hoc a governmental function, including without limitation a juror, member of a temporary
commission, master, arbitrator, advisor or consultant;
(3) A candidate for public office, whether or not he is elected or appointed to the office for which he is a candidate. A
person is a candidate for purposes of this division if he has been nominated according to law for election or appointment
to public office, or if he has filed a petition or petitions as required by law to have his name placed on the ballot in a
primary, general or special election, or if he campaigns as a write-in candidate in any primary, general or special election.
(c) “Party official” means any person who holds an elective or appointive post in a political party in the United States or
this State, by virtue of which he directs, conducts or participates in directing or conducting party affairs at any level of
responsibility.
(d) “Official proceeding” means any proceeding before a legislative, judicial, administrative or other governmental agency
or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner,
commissioner, notary or other person taking testimony or a deposition in connection with an official proceeding.
(e) “Detention” means arrest; confinement in any vehicle subsequent to an arrest; confinement in any facility for custody
of persons charged with or convicted of crime or alleged or found to be a delinquent child or unruly child; hospitalization,
institutionalization, or confinement in any facility that is ordered pursuant to or under the authority of Sections 2945.37,
2945.371, 2945.38, 2945.39, or 2945.40 of the Revised Code; confinement in any vehicle for transportation to or from any
such facility; detention for extradition or deportation; except as provided in this division, supervision by any employee of
any such facility that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs
outside the facility; or supervision by an employee of the department of rehabilitation and correction of a person on any
type of release from a state correctional institution other than release on parole or shock probation; or confinement in any
vehicle, airplane, or place while being returned from outside this state into this state by a private person or entity pursuant
to a contract entered into by division (E) of Section 311.29 of the Revised Code or division (B) of Section 5149.03 of the
Revised Code. For a person confined in a county jail who participates in a county jail industry program pursuant to Section
5147.30 of the Revised Code, “detention” includes time spent at an assigned work site and going to and from the work site.
(f) “Detention facility” means any place used for the confinement of a person charged with or convicted of a crime or
alleged or found to be a delinquent child or unruly child.
(g) “Provider agreement” and “medical assistance program” have the same meanings as in Section 2913.40 of the Revised
Code.
(h) “Valuable thing or valuable benefit” includes, but is not limited to, a contribution. This inclusion does not indicate or
imply that a contribution was not included in those terms before the effective date of this division.
(i) “Campaign committee,” “contribution,” “political action committee,” “legislative campaign fund,” and “political party”
and “political contributing entity” have the same meaning as in Section 3517.01 of the Revised Code. (RC 2921.01)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.02
Falsification
(a) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement
previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate another.
(3) The statement is made with purpose to mislead a public official in performing the public official's function.
(4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first;
prevention, retention, and contingency benefits and services; disability financial assistance; retirement benefits; economic
development assistance, as defined in Section 9.66 of the Revised Code; or other benefits administered by a governmental
agency or paid out of a public treasury.
(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit,
authorization, certificate, registration, release, or provider agreement.
(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a report or return that is required or authorized by law.
(8) The statement is in writing, and is made with purpose to induce another to extend credit to or to employ the offender,
or to confer any degree, diploma, certificate of attainment, award of excellence or honor on the offender, or to extend to or
bestow upon the offender any other valuable benefit or distinction, when the person to whom such statement is directed
relies upon it to his detriment.
(9) The statement is made with purpose to commit or facilitate the commission of a theft offense if the value of the
property or services stolen is less than five hundred dollars.
(10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within
its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or
other pleading, or an inventory, account, or report.
(11) The statement is made on an account, form, record, stamp, label or other writing that is required by law.
(12) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of
indebtedness and is filed or recorded with the secretary of state, a country recorder, or the clerk of court of record.
(13) The statement is made with purpose to obtain an Ohio's best Rx program enrollment card under Section 5110.09 of
the Revised Code or a payment from the Ohio department of job and family services under Section 5110.17 of the Revised
Code.
(14) The statement is required under Section 5743.72 of the Revised Code in connection with the person's purchase of
cigarettes or tobacco products in a delivery sale.
(b) It is no defense to a charge under division (a)(6) of this section that the oath or affirmation was administered or taken
in an irregular manner.
(c) Where contradictory statements relating to the same fact are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or
the other was false.
(d)(1) Whoever violates any provision of divisions (a)(1) to (8) or (a)(10) to (14) of this section is guilty of falsification, a
misdemeanor of the first degree.
(2) Whoever violates division (a)(9) of this section is guilty of falsification in a theft offense a misdemeanor of the first
degree.
(e) A person who violates this section is subject to a civil action as described in division (G) of Section 2921.13 of the
Revised Code. (RC 2921.13)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.03
Compounding a Crime
(a) No person shall knowingly demand, accept or agree to accept anything of value in consideration of abandoning or
agreeing to abandon a pending criminal prosecution.
(b) It is an affirmative defense to a charge under this section when both of the following apply:
(1) The pending prosecution involved is for a violation of Sections 625.05, 625.11 or 625.12(b)(2) or Sections 2913.02,
2913.11, 2913.21(B)(2), or Section 2913.47 of the Revised Code of which the actor under this section was the victim;
(2) The thing of value demanded, accepted or agreed to be accepted, in consideration of abandoning or agreeing to
abandon the prosecution, did not exceed an amount which the actor reasonably believed due him as restitution for the loss
caused him by the offense.
(c) When a prosecuting witness abandons or agrees to abandon a prosecution under division (b) of this section, such
abandonment or agreement in no way binds the State to abandoning the prosecution.
(d) Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree. (RC 2921.21)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.04
Failure to Report a Crime, Injury or Knowledge of Death
(a) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to
law enforcement authorities.
(b) Except for conditions that are within the scope of division (e) of this section, no physician, limited practitioner, nurse
or person giving aid to a sick or injured person, shall negligently fail to report to law enforcement authorities any gunshot
or stab wound treated or observed by him, or any serious physical harm to persons that he knows or has reasonable cause
to believe resulted from an offense of violence.
(c) No person who discovers the body or acquires the first knowledge of the death of any person shall fail to report the
death immediately to any physician whom the person knows to be treating the deceased for a condition from which death
at such time would not be unexpected, or to a law enforcement officer, ambulance service, emergency squad or the coroner
in a political subdivision in which the body is discovered, the death is believed to have occurred or knowledge concerning
the death is obtained.
(d) No person shall fail to provide upon request of the person to whom he has made a report required by division (c) of
this section, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the
circumstances surrounding the death, any facts within his knowledge that may have a bearing on the investigation of the
death.
(e)(1) As used in this division (e), “burn injury” means any of the following:
A. Second or third degree burns;
B. Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;
C. Any burn injury or wound that may result in death;
D. Any physical harm to persons caused by or as the result of fireworks, novelties and trick noisemakers, and wire
sparklers, as each is defined in Section 374.01 of the Revised Code.
(2) No physician, nurse or limited practitioner who, outside a hospital, sanitarium or other medical facility, attends or
treats a person who has sustained a burn injury inflicted by an explosion or other incendiary device, or that shows
evidence of having been inflicted in a violent, malicious or criminal manner, shall fail to report the burn injury
immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or
treated, or otherwise to local law enforcement authorities.
(3) No manager, superintendent or other person in charge of a hospital, sanitarium or other medical facility in which a
person is attended or treated for any burn injury inflicted by an explosion or other incendiary device, or that shows
evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury
immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or
treated, or otherwise to local law enforcement authorities.
(4) No person who is required to report any burn injury under division (e)(2) or (3) of this section shall fail to file, within
three working days after attending or treating the victim, a written report of the burn injury with the Office of the State
Fire Marshal. The report shall be made on a form developed by the State Fire Marshal.
(5) Anyone participating in the making of reports under division (e) of this section or anyone participating in a judicial
proceeding resulting from the reports shall be immune from any civil or criminal liability that otherwise might be incurred
or imposed as a result of such actions. Notwithstanding Section 4731.22 of the Revised code, the physician-patient
relationship is not a ground for excluding evidence regarding a person's burn injury or the cause of the burn injury in any
judicial proceeding resulting from a report submitted pursuant to division (e) of this section.
(f)(1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse,
psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, professional
counselor, or professional counselor's assistant who knows or has reasonable cause to believe that a patient or client has
been the victim of domestic violence, as defined in Section 3113.31 of the Revised Code, shall note that knowledge or belief
and the basis for it in the patient's or client's records.
(2) Notwithstanding Section 4731.22 of the Revised Code, the doctor-patient privilege shall not be a ground for excluding
any information regarding the report containing the knowledge or belief noted pursuant to division (f)(1) of this section,
and the information may be admitted as evidence in accordance with the Rules of Evidence.
(g) Division (a) or (d) of this section does not require disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the relationship between attorney and client, doctor and patient, licensed
psychologist or licensed school psychologist and client, clergyman or rabbi or minister or priest and any person
communicating information confidentially to him for a religious counseling purpose in his professional character,
husband and wife, or a communications assistant and those who are a party to a telecommunications relay service call.
(2) The information would tend to incriminate a member of the actor's immediate family.
(3) Disclosure of the information would amount to revealing a news source, privileged under Section 2739.04 or 2739.12
of the Revised Code.
(4) Disclosure of the information would amount to disclosure by an ordained clergyman of an organized religious body of
a confidential communication made to him in his capacity as such by a person seeking his aid or counsel.
(5) Disclosure would amount to revealing information acquired by the actor in the course of his duties in connection with
a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which
program is maintained or conducted by a hospital, clinic, person, agency or organization certified pursuant to Section
3793.06 of the Revised Code.
(6) Disclosure would amount to revealing information acquired by the actor in the course of his duties in connection with
a bona fide program for providing counseling services to victims of crimes that are violations of Sections 2907.02, 2907.05
or 2907.12 of the Revised Code. As used in this division, “counseling services” include services provided in an informal
setting by a person who by education or experience, is competent to provide such services.
(h) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege
or confidence.
(i) Whoever violates division (a) or (b) of this section is guilty of failure to report a crime. Violation of division (a) of this
section is a misdemeanor of the fourth degree. Violation of division (b) of this section is a misdemeanor of the second
degree.
(j) Whoever violates division (c) or (d) of this section is guilty of failure to report knowledge of a death, a misdemeanor of
the fourth degree.
(k)(1) Whoever negligently violates division (e) of this section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (e) of this section is guilty of a misdemeanor of the second degree. (RC 2921.22)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.05
Failure to Aid a Law Enforcement Officer
(a) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in
preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be
given without a substantial risk of physical harm to the person giving it.
(b) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
(RC 2921.23; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
615.06
Obstructing Official Business
(a) No person, without privilege to do so and with purpose to prevent, obstruct or delay the performance by a public
official of any authorized act within his official capacity, shall do any act which hampers or impedes a public official in the
performance of his lawful duties.
(b) Whoever violates this section is guilty of obstructing official business, a misdemeanor of the second degree. (RC
2921.31)
(c) This section does not apply if a violation creates a risk of physical harm to any person.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.07
Obstructing Justice
(a) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction or punishment of another for a
misdemeanor offense, or to assist another to benefit from the commission of a misdemeanor offense, shall do any of the
following:
(1) Harbor or conceal such other person;
(2) Provide such other person with money, transportation, a weapon, a disguise or other means of avoiding discovery or
apprehension;
(3) Warn such other person of impending discovery or apprehension;
(4) Destroy or conceal physical evidence of the crime, or induce any person to withhold testimony or information or to
elude legal process summoning him to testify or supply evidence;
(5) Communicate false information to any person;
(6) Prevent or obstruct any person by means of force intimidating, or deception, from performing any act to aid in the
discovery, apprehension, or prosecution of the other person.
(b) Whoever violates this section is guilty of obstructing justice, a misdemeanor of the first degree. (RC 2921.32)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.08
Resisting Arrest
(a) No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself or another.
(b) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and,
during the course of or as a result of the interference, cause physical harm to a law enforcement officer.
(c) This section does not apply if the offender during the course of or as a result of the resistance or interference, recklessly
causes physical harm to a law enforcement officer by means of a deadly weapon or during the course of the resistance or
interference, brandishes a deadly weapon.
(d) Whoever violates this section is guilty of resisting arrest. A violation of division (a) of this section is a misdemeanor of
the second degree. A violation of division (b) of this section is a misdemeanor of the first degree. (RC 2921.33)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.09
Personating an Officer
(a) No person, with purpose to defraud or knowing that he is facilitating a fraud, or with purpose to induce another to
purchase property or services, shall personate a law enforcement officer, or an inspector, investigator or agent of any
governmental agency.
(b) Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.
(RC 2913.44; Ord. No. 54-74. Passed 3-25-74; eff. 4-1-74)
615.091
Impersonation of Peace Officer or Private Policeman
(a) As used in this section:
(1) “Peace officer” means 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 RC 3735.31, a member of a police force employed by a
regional transit authority under Section 306.35 of the Revised Code, a State university law enforcement officer appointed
under Section 3345.04 of the Revised Code, an Ohio veterans' home policeman appointed under Section 5907.02 of the
Revised Code, a special police officer employed by a port authority under Section 4528.04 or 4582.28 of the Revised Code,
or a State highway patrol trooper and whose primary duties are to preserve the peace, to protect life and property and to
enforce the laws, ordinances or rules of the State or any of its political subdivisions.
(2) “Private policeman” means any security guard, special policeman, private detective or other person who is privately
employed in a police capacity.
(3) “Impersonate” means 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 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.
(b) No person shall impersonate a peace officer or a private policeman.
(c) No person, by impersonating a peace officer or a private policeman, 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, a
private policeman or an officer, agent or employee of the State or the Municipality.
(e) It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer was
for a lawful purpose.
(f) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates
divisions(c) or (d) of this section is guilty of a misdemeanor of the first degree, provided that the purpose of a violation of
division (d) of this section is not to commit or facilitate the commission of a felony. (RC 2921.51)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.10
Having an Unlawful Interest in a Public Contract
(a) No public official shall knowingly do any of the following:
(1) During his term of office or within one year thereafter, occupy any position of profit in the prosecution of a public
contract authorized by him or by a legislative body, commission, or board of which he was a member at the time of
authorization, unless the contract was let by competitive bidding to the lowest and best bidder;
(2) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision
or governmental agency or instrumentality with which he is connected;
(3) Have an interest in the profits or benefits of a public contract which is not let by competitive bidding when required by
law, and which involves more than one hundred fifty dollars ($150.00).
(b) In the absence of bribery or a purpose to defraud, a public official, member of his family, or any of his business
associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the
following apply:
(1) The interest of such person is limited to owning or controlling shares of the corporation, or being a creditor of the
corporation or other organization, which is the contractor on the public contract involved, or which is the issuer of the
security in which public funds are invested;
(2) The shares owned or controlled by such person do not exceed five percent of the outstanding shares of the corporation,
and the amount due such person as creditor does not exceed five percent of the total indebtedness of the corporation or
other organization;
(3) Such person, prior to the time the public contract is entered into, files with the political subdivision or governmental
agency or instrumentality involved, an affidavit giving his exact status in connection with the corporation or other
organization.
(c) This section does not apply to a public contract in which a public official, member of his family, or one of his business
associates has an interest, when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency
or instrumentality involved;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political
subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the
public official's becoming associated with the political subdivision or governmental agency or instrumentality involved;
(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or
the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted at arm's length, with full knowledge by the political subdivision or governmental
agency or instrumentality involved, of the interest of the public official, member of his family, or business associate, and
the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or
instrumentality with respect to the public contract.
(d) Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by
public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of his
office or employment to secure benefits from the program and if the moneys are to be used on the primary residence of the
public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this
section.
(e) This section does not apply where a public official authorizes, or employs the authority or influence of his office to:
1. secure authorization of any public contract in which he or she, a member of his or her family or any of his or her
business associates has an interest; or
2. secure the investment of public funds in any share, bond, mortgage, or other security with respect to which he, a
member of his or her family, or any of his or her business associates either has an interest, is an underwriter, or receives
any brokerage, origination, or servicing fees.
(f) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of this section is a
misdemeanor of the first degree.
(g) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with
Section 309.06 and RC 2921.421 of this section, for a chief legal officer of a municipal corporation or an official designated
as prosecutor in a municipal corporation to appoint assistants and employees in accordance with Sections 733.621 and
2921.421 of the Revised Code, or for a township law director appointed under Section 504.15 of the Revised Code to
appoint assistants and employees in accordance with Sections 504.151 and 2921.421 of the Revised Code.
(h) As used in this section:
(1) “Public contract” means any of the following:
A. The purchase or acquisition, or a contract for the purchase or acquisition of property or services by or for the use of the
State, any of its political subdivisions, or any agency or instrumentality of either, including the employment of an
individual by the State, any of its political subdivisions, or any agency or instrumentality of either.
B. A contract for the design, construction, alteration, repair or maintenance of any public property.
(2) “Chief legal officer” has the same meaning as in Section 733.621 of the Revised Code. (RC 2921.42)
(RC 2921.42; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.11
Soliciting or Receiving Improper Compensation
(a) No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant
either of the following:
(1) Any compensation, other than is allowed by divisions (G), (H), and (I) of Section 102.03 of the Revised Code or other
provisions of law, to perform his official duties, to perform any other act or service in the public servant's public capacity,
for the general performance of the duties of the public servant's public office or public employment, or as a supplement to
the public servant's public compensation;
(2) Additional or greater fees or costs than are allowed by law to perform his official duties.
(b) No public servant for his own personal or business use and no person for his own personal or business use or for the
personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of
either of the following:
(1) Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or
agency;
(2) Preferring, or maintaining the status of any public employee with respect to his compensation, duties, placement,
location, promotion or other material aspects of his employment.
(c) No person for the benefit of a political party, campaign committee, legislative campaign fund, political action
committee, or political contributing entity shall coerce any contribution in consideration of either of the following:
(1) Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or
agency;
(2) Preferring, or maintaining the status of, any public employee with respect to his compensation, duties, placement,
location, promotion or other material aspects of his employment.
(d) Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
(e) A public servant who is convicted of a violation of this section is disqualified from holding any public office,
employment or position of trust in this City for a period of seven years from the date of conviction.
(f) Divisions (a), (b) and (c) of this section do not prohibit a person from making voluntary contributions to a political
party, campaign committee, legislative campaign fund, political action committee, or political contributing entity or
prohibit a political party, campaign committee, legislative campaign fund, political action committee, or political
contributing entity from accepting voluntary contributions. (RC 2921.43)
(RC 2921.43; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.12
Dereliction of Duty
(a) No law enforcement officer shall negligently do any of the following:
(1) Fail to serve a lawful warrant without delay;
(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in his power to do so alone
or with available assistance.
(b) No law enforcement, ministerial or judicial officer shall negligently fail to perform a lawful duty in a criminal case or
proceeding.
(c) No officer, having charge of a detention facility, shall negligently do any of the following:
(1) Allow the detention facility to become littered or unsanitary;
(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter and medical
attention;
(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another;
(4) Allow a prisoner to escape;
(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.
(d) No public official of the State shall recklessly create a deficiency, incur a liability or expend a greater sum than is
appropriated by the General Assembly for the use in any one year of the department, agency or institution of the State
with which the public official is connected.
(e) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to his office, or
recklessly do any act expressly forbidden by law with respect to his office.
(f) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree. (RC 2921.44)
(g) As used in this section, “public servant” includes an officer or employee of a contractor as defined in Section 9.08 of the
Revised Code.
(RC 2921.44; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.13
Interfering with Civil Rights
(a) No public servant, under color of his office, employment or authority, shall knowingly deprive, conspire or attempt to
deprive any person of a constitutional or statutory right.
(b) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(RC 2921.45; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
615.14
Copying Police and Fire Uniforms
(a) No person not a member of the Police or Fire Division shall wear a uniform, cap, badge or buttons similar to, or in
imitation of the official uniform, cap, badge or buttons at the time in use by members of the Police and Fire Divisions. This
section does not apply to guards at the Cleveland House of Correction, or other City inspectors, while such guards or
inspectors are engaged in the performance of their respective official duties.
(b) No person, firm or corporation desiring to provide special police, watchmen, or detective service, either for itself or for
hire to others, shall use a distinctive uniform cap, badge or buttons, to be worn by such person or any employees engaged
for such purpose, until the form, design and color thereof have first been submitted to and approved by the Director of
Public Safety, and a record sufficient to identify the users thereof has been made by the Director.
(c) Whoever violates this section is guilty of copying official uniforms, a minor misdemeanor.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
615.15
Giving False Information to Enforcement Agents
(a) No person shall knowingly give or assist in giving any false or fictitious information relative to the name, address or the
date of birth of any person to any duly authorized enforcement agent.
(b) Whoever violates this section is guilty of giving false information to enforcement agents, a misdemeanor of the first
degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
615.16
Operation of Telephone Alarm Systems
(a) No person, firm or corporation shall install, operate or maintain a telephonic alarm system which automatically
transmits a signal, message or warning to any City of Cleveland Division of Fire or Division of Police telephone line.
(b) It shall be the responsibility of any person, firm or corporation which has installed or sold existing alarms to give to the
buyer or subscriber of such alarm a written notice of the provisions of this section.
(c) For the purpose of this section, "telephone alarm system" means any mechanism, equipment or device which is
designed to operate automatically through the use of public telephone facilities to transmit a signal, message or warning to
another location.
(d) Whoever violates this section is guilty of unlawful telephone alarm system operation, a misdemeanor of the first
degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
615.17
Unauthorized Display of Law Enforcement Emblems on Motor Vehicles
(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.
(RC 2913.441; Ord. No. 1475-78. Passed 10-9-78, eff. 10-11-78)
615.18 Use of City Resources for Construction and Maintenance of State Penal and
Reformatory Institution Prohibited
No funds, credit, services, facilities or any other resources of the City of Cleveland may be used, lent, allocated or provided
in the planning, construction, maintenance or operation of any State of Ohio Penal or Reformatory Institution as defined
by RC 2967.01(A) built or planned to be built within the City of Cleveland municipal limits. No officer, employee or elected
official of the City of Cleveland may provide any assistance, provide any service or participate in the planning, operation or
maintenance of any State of Ohio Penal or Reformatory Institution as defined by RC 2967.01(A) built or planned to be
built within the City of Cleveland municipal limits. The word "services" or "service" as used in this section shall include,
but not be limited to, police protection, fire protection, water, electricity and/or waste collection. Any private citizen may
bring a lawsuit in proper jurisdiction to obtain injunctive relief to enforce this section without the necessity to post a bond
or other security.
The provisions and prohibitions of this section shall not apply to the Northeast Ohio Pre-Release Center, located at East
30th Street and Orange Avenue, in the City of Cleveland.
Violation of this section by any employee, officer, elected official or agent of the City of Cleveland shall be a misdemeanor
of the first degree, punishable by a maximum of six (6) months imprisonment and/or a maximum fine of $1,000.00. If
any portion of this section is found to be invalid or unconstitutional by any court of competent jurisdiction, the remaining
portions of this section shall be unaffected and enforceable.
(Ord. No. 457-87. Passed 2-23-87, eff. 2-25-87)
615.19
Fire Damage to Motor Vehicles Required to be Reported
(a) As used in this section, "actual, economic or constructive total loss" means the damage or destruction of a motor
vehicle as a result of fire in which the cost of parts and/or labor for the repair is 80% or greater than the fair market value,
with reference to the National Automobile Dealers Association (NADA) guide or other pricing guides.
(b) Any person owning a motor vehicle that is damaged by fire in the City of Cleveland shall make a report to the Division
of Fire if the motor vehicle is an actual, economic or constructive total loss due to the fire or if the fire is determined to be
incendiary by the Division of Fire. The report shall disclose all owners and lienholders of the motor vehicle, the purchase
price of the motor vehicle, the amount of the loan payments, if any, all insurance claims made previously concerning the
motor vehicle or any other property in the five-year period prior to the fire, the condition of the motor vehicle prior to the
fire, the names of the insurance companies to which prior claims were made, and such additional information as deemed
necessary by the Chief of Fire. The format, number of copies needed, and filing locations shall be determined by the Chief
of Fire. The Division of Fire shall make the uncompleted form reports available to insurance companies and persons
requesting them.
(c) The report required by this section shall be acknowledged before a notary public and subject to the penalties for
falsification contained in RC 2921.13 and Section 615.02 of these Codified Ordinances.
(d) Any person who violates this section is guilty of failing to file a fire damage report, a misdemeanor of the second
degree.
(Ord. No. 1779-89. Passed 1-22-90, eff. 1-30-90)
Title I — General Offenses
Chapter 617 — Liquor Control
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Prohibiting sale of intoxicating liquor on Sunday, RC 4301.22
Local option, RC 4301.32 et seq., 4303.29
Watercraft operation under influence of alcohol or drug of abuse, CO 485.03
Renting watercraft to intoxicated persons, CO 485.17
Intoxicating liquors at markets, CO 553.07
Use or sale of intoxicating liquor in parks, CO 559.46
Intoxicant use prohibited while operating motor vehicle at airport, CO 571.25
Renting vessels to intoxicated persons, CO 573.40
Disorderly conduct; intoxication, CO 605.03
Using weapons while intoxicated, CO 627.03
617.01
Definitions
As used in the Codified Ordinances:
(a) "Alcohol" means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes
synthetic ethyl alcohol. Alcohol does not include denatured alcohol and wood alcohol.
(b) "Intoxicating liquor" and "liquor" include all liquids and compounds, other than beer as defined in division (c) of this
section containing one-half of one percent (0.5%) or more of alcohol by volume which are fit to use for beverage purposes,
from whatever source and by whatever process produced, by whatever name called and whether or not the same are
medicated, proprietary or patented. The phrase includes wine as defined in RC 4301.01 even if it contains less than four
percent (4%) of alcohol by volume, mixed beverages as defined in RC 4301.01 even if they contain less than four percent
(4%) of alcohol by volume, cider, as defined in RC 4301.01, alcohol and all solids and confections which contain any
alcohol.
(c) "Beer", "malt liquor" or "malt beverages" includes all brewed or fermented malt products containing one-half of one
percent (0.5%) or more of alcohol by volume but not more than six percent (6%) of alcohol by weight.
(d) "Person" includes firms and corporations.
(e) "Cider" means all liquids fit to use for beverage purposes that contain one-half of one per cent of alcohol by volume,
but not more than six per cent of alcohol by weight that are made through the normal alcoholic fermentation of the juice of
sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure
condensed apple must.
(RC 4301.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
617.02
Sales to and Use by Minors; Securing Public Accommodations
(a) Except as otherwise provided in this chapter or RC Chapter 4301, no person shall sell beer or intoxicating liquor to an
underage person, or buy beer or intoxicating liquor for, or furnish it to, an underage person, unless given by a physician in
the regular line of his 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.
In proceedings before the Liquor Control Commission, no permit holder, his employee or agent charged with a violation of
this division shall, for the same offense, be charged with a violation of division (A)(1) of RC 4301.22.
(b) 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 beer or intoxicating liquor, unless the intoxicating liquor or beer
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 at the time of the person's
possession or consumption of the beer or intoxicating liquor.
An owner of a public or private place is not liable for acts or omissions in violation of this division that are committed by a
lessee of that public place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.
(c) No person shall engage or use accommodations at a hotel, inn, cabin, campground or restaurant when he knows or has
reason to know either of the following:
(1) That beer or intoxicating liquor will be consumed by an underage person on the premises of the accommodations that
the person engages or uses, unless the person engaging or using the accommodations is the spouse of the underage person
and who is not himself an underage person, or is the parent or legal guardian of all of the underage persons, who consume
beer or intoxicating liquor on the premises and that person is on the premises at all times when beer or intoxicating liquor
is being consumed by an underage person;
(2) That a drug of abuse will be consumed on the premises of the accommodations by any person, except a person who
obtained the drug of abuse pursuant to a prescription issued by a practitioner and has the drug of abuse in the original
container in which it was dispensed to the person.
(d)(1) No person is required to permit the engagement of accommodations at any hotel, inn, cabin or campground by an
underage person or for an underage person, if the person engaging the accommodations knows or has reason to know that
the underage person is intoxicated, or that the underage person possesses any beer or intoxicating liquor and is not
accompanied by a parent, spouse who is not an underage person, or legal guardian who is or will be present at all times
when the beer or intoxicating liquor is being consumed by the underage person.
(2) No underage person shall knowingly engage or attempt to engage accommodations at any hotel, inn, cabin or
campground by presenting identification that falsely indicates that he is twenty-one years of age or older for the purpose
of violating this section.
(e) No underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place,
unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian, or
unless the beer or intoxicating liquor is given by a physician in the regular line of his practice or given for established
religious purposes.
(f) No parent, spouse who is not an underage person, or legal guardian of a minor shall knowingly permit the minor to
violate this section or divisions (a) to (d) of Section 617.021.
(g) The operator of any hotel, inn, cabin or campground shall make the provisions of this section available in writing to
any person engaging or using accommodations at the hotel, inn, cabin or campground.
(h) As used in this section:
(1) "Drug of abuse" has the same meaning as in RC 3719.011.
(2) "Hotel" has the same meaning as in RC 3731.01.
(3) "Minor" means a person under the age of eighteen years.
(4) "Practitioner" and "prescription" have the same meanings as in RC 3719.01.
(5) "Underage person" means a person under the age of twenty-one years. (RC 4301.69)
(i) Whoever violates division (b), (c), (d), (e), or (f) of this section is guilty of a misdemeanor of the first degree. Whoever
violates division (a) of this section is guilty of a misdemeanor, shall be fined not less than five hundred and not more than
one thousand dollars, and, in addition to the fine, may be imprisoned for a definite term of not more than six months. (RC
4301.99)
(j) The provisions of this section relating to the attempted purchase, purchase, sale, possession or consumption of beer
apply only to persons who on July 31, 1987, are less than nineteen years of age.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
617.021
Purchase, Consumption or Possession by Minor; Misrepresentation
(a) Except as otherwise provided in this chapter or Chapter 4301 of the Revised Code, no person under the age of twentyone years shall purchase beer or intoxicating liquor. (RC 4301.63)
(b) Except as otherwise provided in this chapter or Chapter 4301 of the Revised Code, no person shall knowingly furnish
any false information as to the name, age or other identification of any person under twenty-one years of age for the
purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under twenty-one years of age, by
purchase, or as a gift. (RC 4301.633)
(c) Except as otherwise provided in this chapter or Chapter 4301 of the Revised Code, no person under the age of twentyone years shall knowingly show or give false information concerning his name, age or other identification for the purpose
of purchasing or otherwise obtaining beer or intoxicating liquor in any place where beer or intoxicating liquor is sold
under a permit issued by the State Division of Liquor Control or sold by the State Division of Liquor Control. (RC
4301.634)
(d)(1) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of
the first degree.
(2) Whoever violates division (a) 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 (a) of this section may order that the
fine be paid by the performance of public work at a reasonable hourly rate established by the court. The court shall
designate the time within which the public work shall be completed. (RC 4301.99(F))
(3) Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree. If, in committing a first
violation of that section, the offender presented to the permit holder or the permit holder's employee or agent a false,
fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be
fined not less than two hundred fifty and not more than one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months.
(4) On a second violation of division (c) of this section or if the offender has violated Section 4301.634 of the Revised Code
once in the past on a first violation of division (c) of this section in which, for the second time, the offender presented to
the permit holder or the permit holder's employee or agent a false, fictitious, or altered identification card, a false or
fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the
offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred nor more than one
thousand dollars, and may be sentenced to a term of imprisonment of not more than six months. The court also may
suspend the offender's driver's or commercial driver's license or permit or nonresident operating privilege or deny the
offender the opportunity to be issued a driver's or commercial driver's license for a period not exceeding sixty days.
(5) On a third or subsequent violation of division (c) of this section or if the offender has violated Section 4301.634 of the
Revised Code one or more times in the past, on a first or subsequent violation of division (c) of this section if the total
violations of this section and Division 4301.634 of the Revised Code is three or more, in which, for the third or subsequent
time, the offender presented to the permit holder or the permit holder's employee or agent a false, fictitious, or altered
identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any
state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five
hundred nor more than one thousand dollars, and may be sentenced to a term of imprisonment of not more than six
months. The court also shall suspend the offender's driver's or commercial driver's license or permit or nonresident
operating privilege or deny the offender the opportunity to be issued a driver's or commercial driver's license for a period
of ninety days, and the court may order that the suspension or denial remain in effect until the offender attains the age of
twenty-one years. The court also may order the offender to perform a determinate number of hours of community service,
with the court determining the actual number of hours and the nature of the community service the offender shall
perform.
(Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
617.03
Sales to Intoxicated Persons
(a) No permit holder and no agent or employee of a permit holder shall sell or furnish beer or intoxicating liquor to an
intoxicated person.
(b) No intoxicating liquor shall be sold to any individual who habitually drinks intoxicating liquor to excess, or to whom
the department has, after investigation, determined to prohibit the sale of such intoxicating liquor, because of cause
shown by the husband, wife, father, mother, brother, sister, or other person dependent upon, or in charge of such
individual, or by the mayor of any municipal corporation, or a township trustee of any township in which the individual
resides. The order of the State Division of Liquor Control in such case shall remain in effect until revoked by the State
Division of Liquor Control. (RC 4301.22(B)(C))
(c) Whoever violates this section is guilty of a misdemeanor of the third degree. (RC 4301.99(D))
(Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
617.04
Liquor Consumption in Motor Vehicle
(a) No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons
described in division (D) of RC 4301.62. (RC 4301.64)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(RC 4301.99(B); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
617.05
Permit Required
(a) No person by himself or by his clerk, agent or employee shall manufacture, manufacture for sale, offer, keep or possess
for sale, furnish or sell, or solicit the purchase or sale of any beer or intoxicating liquor in the City, or transport, import or
cause to be transported or imported any beer, intoxicating liquor or alcohol in or into the City for delivery, use or sale,
unless such person has fully complied with RC Chapters 4301 and 4303 or is the holder of a permit issued by the
Department of Liquor Control and in force at the time. (RC 4303.25)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
617.06
Printed Warnings to be Posted
(a) Every place in the City where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes,
either under a permit issued by the Ohio Department of Liquor Control, or by the Ohio Department of Liquor Control
shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the
Department and which shall read substantially as follows:
WARNING TO PERSONS
UNDER AGE
If you are under the age of 21
Under the statutes of the State of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or
consume beer or intoxicating liquor, in any public place, or furnish false information as to name, age or other
identification, you are subject to a fine of up to one thousand dollars, or imprisonment up to six months, or both.
If you are under the age of 18
Under the statutes of the State of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or
consume, any type of beer or wine that contains either no alcohol or less than one-half of one per cent of alcohol by
volume in any public place, or furnish false information as to name, age, or other identification, you are subject to a fine of
up to two hundred fifty dollars or to imprisonment up to thirty days, or both.
No person shall be subject to any criminal prosecution or any proceedings before the Department or the Liquor Control
Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked or canceled
because of the failure of the permit holder to display this card.
(b) Every place in the City for which a D permit has been issued under RC Chapter 4303 shall be issued a printed card,
that shall be furnished by the Department of Liquor Control that shall read substantially as follows:
WARNING
If you are carrying a firearm
Under the statutes of Ohio, if you possess a firearm in any room in which liquor is being dispensed in premises for which a
D permit has been issued under RC Chapter 4303, you may be guilty of a felony and are subject to a term of actual
incarceration of one or two years.
No person shall be subject to any criminal prosecution or any proceedings before the Department of Liquor Control or the
Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended,
revoked or canceled because of the failure of the permit holder to display this card.
(RC 4301.637; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
617.07
Open Container Prohibited; Exception
(a) As used in this section, "street", "highway", and "motor vehicle" have the same meanings as in RC 4511.01.
(b) No person shall have in his possession an opened container of beer or intoxicating liquor in any of the following
circumstances:
(1) In a state liquor store;
(2) On the premises of the holder of any permit issued by the department of liquor control;
(3) In any other public place;
(4) 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) 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) This section does not apply to beer or intoxicating liquor which has been lawfully purchased for consumption on the
premises where bought of a holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D5f, D-5g, D-5h, D-5i, D-7, E, F, or F-2 permit, or to beer or intoxicating liquor consumed on the premises of a convention
facility as provided in RC 4303.201.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree. (RC 4301.62)
(Ord. No. 1011-95. Passed 8-23-95, eff. 9-1-95)
617.08
Hours of Sale or Consumption
(a) No beer or other malt beverages shall be sold by, delivered by, or be permitted to be consumed on week days upon the
premises of a C-1, C-2, D-1, D-2 or D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
No wine, prepared highballs, cocktails or other mixed drinks, as defined in the Liquor Control Act, shall be sold, delivered
or be permitted to be consumed on week days upon the premises of an A-2, C-2, D-2 or D-4 permit holder between the
hours of 1:00 a.m. and 5:30 a.m.
No beer or intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a
D-3a, D-5, D-5a or A-1-A permit holder between the hours of 2:30 a.m. and 5:30 a.m., and no intoxicating liquor shall be
sold, delivered or be permitted to be consumed on week days on the premises of a D-3 permit holder between the hours of
1:00 a.m. and 5:30 a.m.
No beer or intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a
D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
No intoxicating liquor may be sold by, delivered or be permitted to be consumed on the premises of any permit holder
during the hours between 1:00 a.m. on Sunday and Sunday midnight, except on the premises of a D-3a, D-5, D-5a or an A1-A permit. As to holders of these excepted classes, no intoxicating liquor shall be sold or permitted to be consumed after
2:30 a.m. on Sunday.
No beer whether by the package or by the glass shall be sold or delivered or be consumed on the premises of a permit
holder on Sunday between the hours of 1:00 a.m. and 5:30 a.m. except on the premises of a holder of a D-3a permit who is
also the holder of a D-1 permit or the holder of a D-5, D-5a or A-1-A permit. As to these excepted classes neither shall sell,
deliver or permit to be consumed on the premises, beer between the hours of 2:30 a.m. and 5:30 a.m.
The holder of a D-6 permit may sell or allow the consumption of intoxicating liquors, as authorized by his other permits,
between the hours of 1:00 p.m. Sunday and Sunday midnight for on the premises consumption only.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
617.09
Bottle Clubs
(a) No person, club, organization, association or corporation shall:
(1) Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of providing a storage
area wherein members, guests or other persons are allowed to keep and maintain for the purpose of consumption therein,
beer and intoxicating liquors;
(2) Occupy any place, structure, building or conveyance for the purpose of providing a storage area wherein members,
guests or other persons are allowed to keep and maintain, for the purpose of consumption therein, beer and intoxicating
liquors;
(3) Receive, or offer or agree to receive, any person into any place, structure, building or conveyance for the purpose of
allowing such person to consume or store liquors or beer therein, or permit any person to remain there for such purpose;
(4) Reside in, enter or remain in any place, structure or building, or enter or remain in any conveyance for the purpose of
storing or consuming beer or intoxicating liquors therein.
(b) This section does not apply to any premises being operated under the authority of a license issued by the Ohio
Department of Liquor Control.
(c) Whoever violates this section is guilty of unlawful operation or use of a bottle club, a misdemeanor of the third degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
617.10
Conveying Intoxicating Liquors or Drugs into Hospital
(a) No person shall convey or attempt to convey into any hospital, sanitarium or other place of confinement for the ill or
convalescent, other than a private dwelling, any intoxicating liquor or a stimulating sedative or narcotic medicine such as
cocaine, opium, chloral, chloroform or ether, except in accordance with the rules of the institution involved or unless the
same is prescribed by a physician in attendance at such institution; nor shall any person admitted as a patient at any such
hospital, sanitarium or other place of confinement for the ill or convalescent, other than a private dwelling, have in his
possession, or attempt to induce others to obtain for him, any such liquor or drug unless the same is authorized by a
physician in attendance at such institution nor shall any person in the employ of any hospital, sanitarium or other place of
confinement for the ill or convalescent, other than a private dwelling, knowingly permit a patient confined therein to
receive any such liquor or drug unless the same is prescribed by a physician in attendance at such institution.
(b) Whoever violates this section is guilty of conveying intoxicating liquors or drugs into hospitals, a misdemeanor of the
first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
617.11 Selling or Dispensing Beer or Liquor in City Hall and Certain Other Public
Premises
(a) No person, group, association, partnership or corporation, for profit or not for profit, shall sell, give or dispense any
beer or intoxicating liquor to any person anywhere on or in any part or portion of the premises of City Hall Building, the
Public Utilities Building, 1201 Lakeside, the present Taxation Building, the present Utilities Engineering Building, and the
present Department of Public Service Building.
(b) It shall be the duty of the Director of Public Safety to strictly enforce the provisions of this section.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. No. 2503-76. Passed 10-25-76, eff. 11-1-76)
617.12
Consumption of Intoxicating Liquor in Parks and Recreational Facilities
(a) Subject to division (b) of this section, no person shall consume any intoxicating liquor, as defined in Section 617.01,
upon the grounds of any park, parkway, playground, ballfield, tennis court, skating rink, recreation center or model
airplane field which is owned and controlled by the City.
(b) When the Director of Parks, Recreation and Properties issues a permit pursuant to Section 133.03 to the sponsors of an
event or activity, the primary purpose of which is something other than the consumption of intoxicating liquor, division
(a) of this section shall not apply to those who participate in said event or activity.
(c) Whoever violates the provisions of this section shall be guilty of a misdemeanor of the first degree and shall be fined
not less than five hundred dollars ($500.00) and, sentenced to not less than thirty (30) days' imprisonment. The
minimum fine to be imposed by the court for a violation of the provisions of this section is mandatory. The court shall not
suspend all or any portion of said minimum fine; provided that in lieu of all or a portion of the sentence of imprisonment
required hereunder, the court may require the offender to perform supervised community service work pursuant to
division (H) of RC 2951.02.
(Ord. No. 1562-90. Passed 4-8-91, eff. 4-15-91)
Title I — General Offenses
Chapter 618 — Liquor Permit Manager Registry
Complete to June 30, 2010
618.01
Definitions
(a) “Person” means an individual, firm, partnership, association, corporation, company, or business of any kind.
(b) “Liquor permit business” means an establishment granted the privilege to conduct liquor sales pursuant to a class C or
D liquor permit issued by the Division of Liquor Control.
(c) “Liquor permit owner” means any person who owns a class C or D liquor permit issued by the Division of Liquor
Control.
(d) “Liquor permit manager” means any person who engages a liquor permit owner to assume active charge of the day-today management of a liquor permit business and has a financial interest in the net profits derived from the operation of
the liquor permit business or receives any compensation directly proportionate to the revenue generated from the liquor
permit business.
(Ord. No. 1287-06. Passed 11-20-06, eff. 11-27-06)
618.02
Registration of Liquor Permit Owners and Liquor Permit Managers; Fee
(a) Each liquor permit owner that engages a liquor permit manager shall register with the Clerk of Cleveland City Council
using forms designated by the Clerk of Cleveland City Council for this purpose, and shall provide the name of the liquor
permit owner, the name of the liquor permit manager, the location of the liquor permit business, the liquor permit
number for the liquor permit business, the date the liquor permit owner transferred operational control over the liquor
permit business to the liquor permit manager, whether the engagement the liquor permit manager is pursuant to a bona
fide sale of the liquor permit business, the date the bona fide sale of the liquor permit business is expected to be
consummated, and any other information as Clerk of Cleveland City Council shall require.
(b) Each liquor permit manager shall register with the Clerk of Cleveland City Council using forms designated by the Clerk
of Cleveland City Council for this purpose, and shall provide the name of the liquor permit manager, the name of the
liquor permit owner, the location of the liquor permit business, the liquor permit number for the liquor permit business,
the date the liquor permit manager will assume, or assumed, operational control over the liquor permit business, whether
the engagement is pursuant to a bona fide purchase of the liquor permit business, the date the bona fide purchase of the
liquor permit business is expected to be consummated, and any other information as the Clerk of Cleveland City Council
shall require.
(c) Each liquor permit owner and liquor permit manager shall initially register within 30 days of the effective date of this
section. Each liquor permit owner that engages a liquor permit manager after the effective date of this section shall
initially register not later than 10 days after the date the liquor permit manager is engaged. Each liquor permit manager
that is engaged after the effective date of this section shall initially register not later than 10 days after the date of
engagement by the liquor permit owner.
(d) After the initial registration required by division (c) of this section, each liquor permit owner and liquor permit
manager shall re-register between June 15 and July 15, inclusive, of each calendar year after the calendar year in which the
initial registration is made.
(e) Each liquor permit owner shall pay a fee of one hundred dollars ($100.00) for each registration or re-registration
required by this section.
(f) Each liquor permit manager shall pay a fee of one hundred dollars ($100.00) for each registration or re-registration
required by this section.
(g) No person shall fail to register or re-register as liquor permit owner or liquor permit manager as required by this
section.
(Ord. No. 1287-06. Passed 11-20-06, eff. 11-27-06)
618.99
Penalty
Whoever violates division (g) of Section 618.02 is guilty of a misdemeanor of the first degree. Each day of a continuing
violation shall be deemed a separate offense.
(Ord. No. 1287-06. Passed 11-20-06, eff. 11-27-06)
CROSS REFERENCES
See sectional histories for similar State law.
Complicity, CO 601.09
Offensive conduct, CO 605.03
Telephone harassment, CO 621.11
Criminal trespass, CO 623.04
619.01
Definitions
(a) As used in Sections 619.01 to 619.19:
(1) "Sexual conduct" means vaginal intercourse between a male and female, and anal intercourse, fellatio and cunnilingus
between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(2) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals,
buttocks, pubic region or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either
person.
(3) "Sexual activity" means sexual conduct or sexual contact, or both.
(4) "Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another.
(5) Any material or performance is "harmful to juveniles" if it is offensive to prevailing standards in the adult community
with respect to what is suitable for juveniles, and if any of the following apply:
A. It tends to appeal to the prurient interest of juveniles;
B. It contains a display, description or representation of sexual activity, masturbation, sexual excitement, or nudity;
C. It contains a display, description or representation of bestiality or extreme or bizarre violence, cruelty or brutality;
D. It contains a display, description or representation of human bodily functions of elimination;
E. It makes repeated use of foul language;
F. It contains a display, description or representation in lurid detail of the violent physical torture, dismemberment,
destruction or death of a human being;
G. It contains a display, description or representation of criminal activity which tends to glorify or glamorize such activity,
and which, with respect to juveniles, has a dominant tendency to corrupt.
(6) When considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates or
other specially susceptible group, judged with reference to such group, any material or performance is "obscene" if any of
the following apply:
A. Its dominant appeal is to prurient interest;
B. Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or
nudity in a way which tends to represent human beings as mere objects of sexual appetite;
C. Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or
brutality;
D. Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of
elimination in a way which inspires disgust or revulsion in persons with ordinary sensibilities, without serving any
genuine scientific, educational, sociological, moral or artistic purpose;
E. It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality,
extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which
is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for
its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral,
or artistic purpose.
F. When taken as a whole, it lacks serious literary, artistic, political or scientific value.
(7) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or
arousal.
(8) "Nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks
with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof
below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(9) "Nudity-oriented material" means any material that shows a minor in a state of nudity and that, taken as a whole by
the average person applying contemporary community standards, appeals to prurient interest.
(10) "Juveniles or minors" means an unmarried person under the age of eighteen.
(11) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion
picture film, phonographic record or tape or other tangible thing capable of arousing interest through sight, sound or
touch.
(12) "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed
before an audience. (RC 2907.01)
(13) "Knowledge of character" means having general knowledge or reason to know, or a belief or ground for belief which
warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has
such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually
explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable,
whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by
direct or circumstantial evidence, or both.
(b) As used in Sections 619.17 to 619.19:
(1) "Obscene" means that to the average person applying contemporary community standards:
A. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., a shameful or morbid interest in
sexual conduct, nudity or excretion;
B. The matter depicts or describes in a patently offensive manner sexual conduct;
C. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(2) "Material" means any book, magazine, newspaper or other printed or written material or any picture, drawing,
photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription
or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
(3) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(4) "Disseminate" means to transfer possession of, with or without consideration.
(5) "Knowingly" means being aware of the character and the content of the material.
(6) "Nudity" means the showing of the human male or female genitals or pubic area with less than fully opaque covering,
or the depiction of covered male genitals in a discernibly turgid state.
(7) "Performance" means any preview, play, show, skit, film, dance or other exhibition performed before an audience.
(8) "Available to the public" means that the matter or performance may be purchased or attended on a subscription basis,
on a membership fee arrangement or for a separate fee for each item or performance.
(9) "Service to patrons" means the provision of services to paying guests in establishments providing food and beverages;
including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and
waitressing and entertaining.
(10) "Promote" means to cause, permit, procure, counsel or assist.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.02
Presumption of Knowledge; Actual Notice and Defense
(a) An owner or manager, or his agent or employee, of a bookstore, newsstand, theater or other commercial establishment
engaged in selling materials or exhibiting performances, who, in the course of business:
(1) Possesses five or more identical or substantially similar obscene articles, having knowledge of their character, is
presumed to possess them in violation of Section 619.17(e).
(2) Does any of the acts prohibited by Section 619.12 or 619.17 is presumed to have knowledge of the character of the
material or performance involved, if he has actual notice of the nature of such material or performance, whether or not he
has precise knowledge of its contents.
(b) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a
performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is
directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the
material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
(RC 2907.35; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.03
Corruption of a Minor
(a) No person, eighteen years of age or older, shall engage in sexual conduct with another, not the spouse of the offender,
when the offender knows such other person is over twelve but not over fifteen years of age, or the offender is reckless in
that regard.
(b) This section shall not apply if the offender is four or more years older than the other person.
(c) Whoever violates this section is guilty of corrupting a minor, a misdemeanor of the first degree.
(RC 2907.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.04
Sexual Imposition
(a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the
offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of
the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in
that regard.
(2) The offender knows that the other person's or one of the other person's ability to appraise the nature of or control the
offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person or one of the other persons submits because of being unaware of the sexual
contact.
(4) The other person or one of the other persons is over twelve but not over fifteen years of age, whether or not the
offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than
such other person.
(b) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other
evidence.
(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree.
(RC 2907.06; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.05
Importuning
(a) No person shall solicit a person under thirteen years of age to engage in sexual activity with the offender, whether or
not the offender knows the age of such person.
(b) No person shall solicit a person of the same sex to engage in sexual activity with the offender, when the offender knows
such solicitation is offensive to the other person, or is reckless in that regard.
(c) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the
offender is eighteen years of age or older and four or more years older than the other person, and the other person is over
twelve but not over fifteen years of age, whether or not the offender knows the age of the other person.
(d) Whoever violates this section is guilty of importuning. Violation of subsection (a) or (b) hereof is a misdemeanor of the
first degree. Violation of subsection (c) hereof is a misdemeanor of the fourth degree.
(RC 2907.07; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.06
Voyeurism
(a) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise
surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
(b) Whoever violates this section is guilty of voyeurism, a misdemeanor of the third degree.
(RC 2907.08; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.07
Public Indecency
(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be
viewed by and affront others, not members of his or her household:
(1) Expose his or her private parts, or engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct which to an ordinary observer would appear to be sexual conduct or masturbation.
(b) Whoever violates this section is guilty of public indecency. If the offender previously has not been convicted of or
pleaded guilty to a violation of this section, public indecency is a misdemeanor of the fourth degree. If the offender
previously has been convicted of or pleaded guilty to one violation of this section, public indecency is a misdemeanor of
the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, public
indecency is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to
three or more violations of this section, public indecency is a misdemeanor of the first degree.
(RC 2907.09; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.08
Procuring
(a) No person, knowingly and for gain, shall do either of the following:
(1) Entice or solicit another to patronize a prostitute or brothel;
(2) Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose
of patronizing a prostitute.
(b) No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be
used for the purpose of engaging in sexual activity for hire.
(c) Whoever violates this section is guilty of procuring, a misdemeanor of the first degree. (RC 2907.23) Notwithstanding
any other section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction
of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.09
Soliciting
(a) No person shall solicit another to engage with such other person in sexual activity for hire. This section forbids the
solicitations of paid sexual activity, whether the solicitor is the one buying or selling his or her favors. (RC 2907.24)
(b) Whoever violates the provisions of this section is guilty of soliciting, a misdemeanor of the first degree.
Notwithstanding any other section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction
of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.10
Prostitution
(a) No person shall engage in sexual activity for hire. (RC 2907.25)
(b) Whoever violates this section is guilty of prostitution, a misdemeanor of the first degree. Notwithstanding any other
section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction
of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.11
Loitering for the Purpose of Engaging in Prostitution, Solicitation or Procurement
(a) For the purposes of this section:
(1) "Public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation
facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
(2) "Known prostitute or panderer" means a person who, within a year previous to the date of arrest for a violation of this
section, has, within the knowledge of the arresting officer been convicted of violating this section or any other section of
the Codified Ordinances or the Revised Code relating to prostitution, solicitation or procurement.
(b) No person shall remain or wander about in a public place and repeatedly beckon to, or repeatedly attempt to engage
passersby in conversation, or repeatedly stop or attempt to stop motor vehicles, or repeatedly interfere with the free
passage of other persons, for the purpose of engaging in, soliciting or procuring sexual activity for hire. The circumstances
which may be considered in determining whether such purpose is manifested are: That such person is a known prostitute
or panderer, repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or
attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gestures.
(c) Whoever violates this section is guilty of loitering for the purpose of engaging in, soliciting or procuring sexual activity
for hire, a misdemeanor of the first degree. Notwithstanding any other section of this Code a fine of at least two hundred
fifty dollars ($250.00) is mandatory upon conviction of an offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.12
Disseminating Material Harmful to Juveniles
(a) No person, with knowledge of its character or content, shall recklessly do any of the following:
(1) Sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile any material or performance that is
obscene or harmful to juveniles;
(2) Offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile any material or
performance that is obscene or harmful to juveniles;
(3) Allow any juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
(b) The following are affirmative defenses to a charge under this section, that involves material or a performance that is
harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time of the conduct in question, was accompanied by his parent or guardian who, with
knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate,
marriage license, or other official or apparently official document purporting to show that such juvenile was eighteen years
of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause
to believe that such juvenile was under the age of eighteen and unmarried.
(c) (1) It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or
harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific,
educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher,
librarian, clergyman, prosecutor, judge or other proper person.
(2) Except as provided in division (b)(3) of this section, mistake of age is not a defense to a charge under this section.
(d) Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance
involved is harmful to juveniles but not obscene, violation of this section is a misdemeanor of the first degree.
(RC 2907.31; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
619.13
Deception to Obtain Matter Harmful to Juveniles
(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is
harmful to juveniles, shall do either of the following:
(1) Falsely represent that he is the parent, guardian, or spouse of such juvenile;
(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of
age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to
juveniles, shall do either of the following:
(1) Falsely represent that he is eighteen years of age or over or married;
(2) Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second
degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as
may be appropriate under RC Chapter 2151.
(RC 2907.33; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.14
Possession of Obscene Material Involving Minor
(a) No person, with knowledge of the character of the material involved, shall possess or control any obscene material that
has a minor as one of its participants.
(b) This section does not apply to any material that is possessed or controlled for a bona fide medical, scientific,
educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person
having a proper interest in the material.
(c) Whoever violates this section is guilty of possession or control of obscene material involving a minor, a misdemeanor
of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
619.15
Possession of Sexually-Oriented Material Involving Minor
(a) No person, with knowledge of the character of the material involved, shall possess or control sexually-oriented material
involving a minor.
(b) "Sexually-oriented material involving a minor" means any material that shows a minor participating or engaging in
sexual activity, masturbation or bestiality.
(c) This section does not apply to any material that is possessed or controlled for a bona fide medical, scientific,
educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person
having a proper interest in the material.
(d) Whoever violates this section is guilty of possession or control of sexually-oriented material involving a minor, a
misdemeanor of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
619.16
Possession of Nudity-Oriented Material Involving Minor
(a) No person, with knowledge of the character of the material involved, shall possess or view any nudity-oriented material
involving a minor who is not the person's child or ward, unless one of the following applies:
(1) The material is possessed or controlled for a bona fide artistic, medical, scientific, educational, religious, governmental,
judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona
fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material.
(2) The person knows that the parents, guardian, or custodian has consented in writing to photographing or use of the
minor in a state of nudity and to the manner in which the material is used or transferred.
(b) Whoever violates this section is guilty of possession or control of nudity-oriented material involving a minor, a
misdemeanor of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
619.161
Displaying Matter Harmful to Juveniles
(a) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or
content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is
open to view by juveniles as part of the invited general public.
(b) It is not a violation of division (a) of this section if the material in question is displayed by placing it behind "blinder
racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or
placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful
to juveniles is not open to the view of juveniles.
(c) Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree.
Each day during which the offender is in violation of this section constitutes a separate offense.
(RC 2907.311; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
619.17
Prohibited Conduct
No person shall:
(a) Knowingly disseminate, distribute or make available to the public any obscene material;
(b) Knowingly engage or participate in any obscene performance made available to the public;
(c) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct,
nudity or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce
primarily on the basis of their prurient appeal;
(d) Provide service to patrons in such a manner as to expose to public view:
(1) His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region; or
(3) Any portion of the female breast at or below the areola thereof.
(e) Knowingly promote the commission of any of the above listed unlawful acts.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.18
Notice of Obscene Material or Action
(a) Actual notice of the obscene nature of such material, performance or activity may be given to a person involved in or
responsible for such from the City Prosecutor on the basis of information lawfully gathered and supplied to him by the
Division of Police or citizens.
(1) Such notice shall be in writing and delivered by mail or in person to the alleged offender.
(2) Such notice shall state that:
A. In the opinion of the City Prosecutor the activity engaged in falls within the prohibitions of Section 619.17.
B. If such activity has not ceased within three judicial days, the City will take appropriate legal action.
C. A declaratory judgment proceeding as described in Section 619.19(b) is available if a person engaged in the challenged
activity wishes to initiate the legal determination of whether the activity is in fact obscene.
(b) A person who promotes any obscene activity as prohibited in Section 619.17 in the course of his business is presumed
to do so with knowledge of its content and character.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.19
Types of Proceedings
(a) In Rem Proceedings.
(1) The Chief of Police may apply to the City Prosecutor to institute an attachment proceeding against any material which
is alleged to be obscene in a sworn affidavit.
(2) Upon filing of an application for attachment authorized in subsection (a)(1) hereof, the Chief shall immediately cause
notice thereof to be served either personally or by mail upon any person residing or doing business in the City who is
known or believed by the Chief to have any of the following interests in material named in the complaint:
A. The publisher;
B. The wholesaler, distributor, circulator;
C. Every retailer or dealer who has, or may have, possession of any material identical to material named in the complaint.
(3) Trial shall be held no later than the fourth judicial day following the filing for attachment. No trial under this section
shall be continued or otherwise postponed more than one judicial day, but may be conducted by a judge pro tempore in
the event of unavailability of the trial judge.
(b) Declaratory Judgment.
(1) Any person receiving notice in writing from the City Prosecutor under Section 619.18 that a specified activity is obscene
may bring action against the City for a declaratory judgment to determine whether such activity is obscene.
(2) If it is adjudged and declared by the court that such activity is obscene, then the City Prosecutor may cause the
publication of such judgment in a newspaper of general circulation in the City. Upon such publication all persons residing
or doing business in the City will be presumed to have actual notice of the nature of the activity.
(c) Criminal Prosecution.
(1) The City Prosecutor may cause criminal charges to be brought against any person presently engaging in or who has
engaged in any prohibited activity in violation of Section 619.17(a), (c) and (e).
(2) If the City Prosecutor has given notice pursuant to Section 619.18, then such criminal charges may be brought only
after three judicial days after receipt of notice.
(d) Injunction.
(1) The City Prosecutor may seek a temporary restraining order in the Cleveland Municipal Court in order to enjoin any
obscene performance or the service of patrons in violation of Section 619.17.
(2) If the City Prosecutor has given written notice pursuant to Section 619.18(a), he may after the passage of three judicial
days seek such a temporary restraining order.
(3) A judicial hearing on a request for such order must be granted within three judicial days, and if the temporary
restraining order is issued, a trial on the issue of the obscenity of the activity must be commenced within ten days of the
issuance of the temporary restraining order. Such trial is not to be postponed, stayed or adjourned by the Municipal Court
for more than two judicial days, but it may be conducted by a judge pro tempore if no trial judge is available.
(e) Proceedings authorized by this section shall be in addition to any others provided by law.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.20
Evidence; Defenses
(a) Expert affirmative evidence that the materials or activities are obscene is not required when the materials or activities
themselves are presented as evidence.
(b) It shall be an affirmative defense in any prosecution under Section 619.17 that allegedly obscene material was
disseminated, or presented for a bona fide scientific, medical, educational, governmental or judicial purpose by a
physician, psychologist, teacher, clergyman, prosecutor or judge.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.21
Material Disposition; Penalty
(a) In an in rem proceeding against sexually explicit material under Section 619.19(a), the court shall, upon a
determination by the trier of fact that the material is obscene material, authorize and direct the Chief of Police, pending
the exhaustion of all appeals, to destroy the same.
(b) Notwithstanding the provisions of Section 601.99(b), whoever violates Section 619.17 shall be fined not less than five
hundred dollars ($500.00) nor more than one thousand dollars ($1,000), or imprisoned not less than thirty days and not
more than one year, or both. A separate offense shall be deemed committed each day during or on which an offense occurs
or continues.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.22
License Requirements for Publishing, Selling Printed Material
Any person publishing or involved in the sale of material as defined in Section 619.01(b)(2) shall first obtain a license from
the office of the Division of Assessments and Licenses. The license shall be prominently displayed and show the ownership
of and the principal officers of the corporation or company, as well as the addresses of the owners or officers of the
company or corporation; further, upon change of ownership or corporate structure, the license shall be required to be
renewed showing new information as to corporate or company status. The license fee shall be fifty dollars ($50.00) per
each application.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.23 Use of a Vehicle to Solicit a Person to Engage in Prostitution or a Drug Offense
Prohibited
(a) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall solicit another to engage such other
person in sexual activity for hire.
(b) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to,
attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage
in sexual activity for hire contrary to Section 619.09 of the Codified Ordinances.
(c) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall knowingly obtain, possess, or use a
controlled substance contrary to Section 607.03.
(d) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to,
attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage
in any drug abuse offense contrary to Chapter 607 of the Codified Ordinances.
(e) Any vehicle that has been used on two (2) occasions in the commission of one or any combination of the offenses
defined in divisions (a), (b), (c) or (d) of this section, for which convictions have been entered in the court's journal,
without regard to the ownership of the property and without regard to whether the same person(s) were convicted of both
offenses, is hereby declared to be a nuisance, and its contents, if any, are also hereby declared to be a nuisance. Any vehicle
that constitutes a nuisance under this division and its contents may be abated as provided in Section 619.25.
(f) Whoever violates divisions (a), (b), (c ) or (d) of this Section is guilty of a misdemeanor of the first degree. The
sentencing court shall sentence the offender to a mandatory term of imprisonment of not less than three (3) days on the
first offense, not less than ten (10) days on the second offense, and not less than thirty (30) days on the third or any
subsequent offense, and may sentence the offender to a longer term of imprisonment. In addition, the sentencing court
may impose a fine not exceeding one thousand dollars ($1,000.00).
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
619.24
Nuisance Property Declared
(a) Any vehicle, boat, aircraft, building or place that has been used on two (2) occasions in the commission of one or any
combination of the following offenses, for which convictions have been entered in the court's journal, without regard to
the ownership of the property and without regard to whether the same person(s) were convicted of both offenses, is hereby
declared to be a nuisance:
Pertaining to prostitution
(1) Procuring, Section 619.08
(2) Soliciting, Section 619.09
(3) Prostitution, Section 619.10
(4) Use of a Vehicle to Solicit a Person to engage in Prostitution or a Drug Offense Prohibited, Section 619.23
Pertaining to drugs
(5) Drug Abuse: Controlled Substance Possession or Use, Section 607.03
(6) Possessing Drug Abuse Instruments, Section 607.04
(7) Permitting Drug Abuse, Section 607.05
(8) Possession, Manufacture and Sale of Drug Paraphernalia, Section 607.17
Pertaining to liquor
(9) Permit Required, Section 617.05
Pertaining to gambling
(10) Gambling, Section 611.02
(11) Operating a Gambling House, Section 611.03
(12) Public Gaming. Section 611.04
(b) Any building, vehicle, boat, aircraft, or place that constitutes a nuisance as defined in division (a) and all of the
contents of the same, if any, may be abated as provided in Section 619.25.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
619.25
Action to Abate Nuisances
(a) Nature of action. The Director of Law may file an action in rem to abate any nuisance as defined by Section 619.24.
The standard of proof shall be by a preponderance of the evidence. This action may be brought as a separate action or
concurrently with any other action available at law or in equity to enjoin and/or abate the nuisance including, without
limitation, an action authorized by Chapter 3767 of the Revised Code or other actions authorized by these Codified
Ordinances.
(b) Notice and opportunity to be heard. Prior to the issuance of an order under this section, a reasonably diligent search
shall be conducted of the public records that relate to the property that is the subject of an abatement action to identify the
owner, lienholder, and any other person with an ownership interest in the property. Such persons shall be sent notice by
certified mail, return receipt requested, or shall be personally served, and shall be granted an opportunity to be heard by
the court.
(c) Innocent owners or lienholders. No abatement order shall be issued pursuant to this section if an owner or lienholder
or other person with an ownership interest in the property that is the subject of an abatement action establishes to the
court, by a preponderance of evidence after filing a motion with the court, that the owner, lienholder or other person
neither knew nor should have known after a reasonable inquiry that the property would be used, or likely would be used or
involved in the commission of a criminal offense, and further that the owner, lienholder or other person with an
ownership interest in the property did not expressly or impliedly consent to the use or involvement of the property in the
violation, and that the lien or ownership interest was perfected pursuant to law prior to the existence of the nuisance.
(d) Family hardship. A family or household member of the person who is the owner of property used to maintain a
nuisance may file a motion with the court having jurisdiction over the action to abate a nuisance claiming that the order of
abatement and sale of the property will create an undue hardship on the family or household member. If the court
determines by a preponderance of the evidence that an undue hardship would be caused to a family or household member
filing the motion, and if the court further finds that the moving party has not in any previous case benefited from a finding
of family hardship relative to the property at issue, no order of abatement shall issue. As used in this section, "family or
household member" means the spouse, brother, sister or child of the person who is the owner of property used to maintain
a nuisance.
(e) Order of Abatement. If the existence of a nuisance is established, an order of abatement as described in this division
shall be entered as a part of the judgment in the case.
If the property involved in the abatement action is a building or other place, it shall be ordered closed and kept closed for a
period of one (1) year, unless sooner released by the court. The contents and fixtures of such a building or other place shall
be given to an agency identified by the Director of Law, which may be a battered women's shelter or similar agency, if the
agency desires to have it, or if it does not, the same shall be sold at public auction or as otherwise directed by the court,
and the proceeds shall be distributed as provided in division (g) of this section.
If the property involved in the abatement action is a vehicle, boat or aircraft, the same shall be given to a battered women's
shelter or similar agency identified by the Director of Law, if the agency desires to have it, or if it does not, the same sold at
public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of
this section.
The court may order any person in charge of personalty that is subject to sale under this division to present the same at a
time and place directed by the court for the purpose of conducting its sale. In addition, the court may authorize any law
enforcement agency to seize such personalty.
In identifying an agency to receive the property or the proceeds from the sale of the property as provided in this section,
the Director of Law shall confer with the council member representing the community in which the criminal activity that
gave rise to the nuisance occurred, and where possible, the agency selected will be one that serves that community.
(f) Use of closed building. Any person who uses a building or place ordered closed in accordance with division (e) of this
section, with knowledge that such building or place has been ordered closed, shall be guilty of a misdemeanor of the fourth
degree.
(g) Sale of property, costs and liens. Upon the sale of any furniture, fixtures, contents, vehicle, boat or aircraft as provided
in this section, the person executing the order of the court shall, after deducting the expenses of keeping such property and
costs of such sale, pay all liens according to their priorities which may be established by intervention or otherwise at the
hearing or in other proceedings brought for the purpose as being bona fide and as having been created without the
lienholder having any notice that such property was being used or was to be used for the maintenance of a nuisance as
herein defined, and shall pay the balance to a battered women's shelter or similar agency identified by the Director of
Law.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
Title I — General Offenses
Chapter 619 — Obscenity and Sex Offenses
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Complicity, CO 601.09
Offensive conduct, CO 605.03
Telephone harassment, CO 621.11
Criminal trespass, CO 623.04
619.01
Definitions
(a) As used in Sections 619.01 to 619.19:
(1) "Sexual conduct" means vaginal intercourse between a male and female, and anal intercourse, fellatio and cunnilingus
between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(2) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals,
buttocks, pubic region or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either
person.
(3) "Sexual activity" means sexual conduct or sexual contact, or both.
(4) "Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another.
(5) Any material or performance is "harmful to juveniles" if it is offensive to prevailing standards in the adult community
with respect to what is suitable for juveniles, and if any of the following apply:
A. It tends to appeal to the prurient interest of juveniles;
B. It contains a display, description or representation of sexual activity, masturbation, sexual excitement, or nudity;
C. It contains a display, description or representation of bestiality or extreme or bizarre violence, cruelty or brutality;
D. It contains a display, description or representation of human bodily functions of elimination;
E. It makes repeated use of foul language;
F. It contains a display, description or representation in lurid detail of the violent physical torture, dismemberment,
destruction or death of a human being;
G. It contains a display, description or representation of criminal activity which tends to glorify or glamorize such activity,
and which, with respect to juveniles, has a dominant tendency to corrupt.
(6) When considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates or
other specially susceptible group, judged with reference to such group, any material or performance is "obscene" if any of
the following apply:
A. Its dominant appeal is to prurient interest;
B. Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or
nudity in a way which tends to represent human beings as mere objects of sexual appetite;
C. Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or
brutality;
D. Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of
elimination in a way which inspires disgust or revulsion in persons with ordinary sensibilities, without serving any
genuine scientific, educational, sociological, moral or artistic purpose;
E. It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality,
extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which
is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for
its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral,
or artistic purpose.
F. When taken as a whole, it lacks serious literary, artistic, political or scientific value.
(7) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or
arousal.
(8) "Nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks
with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof
below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(9) "Nudity-oriented material" means any material that shows a minor in a state of nudity and that, taken as a whole by
the average person applying contemporary community standards, appeals to prurient interest.
(10) "Juveniles or minors" means an unmarried person under the age of eighteen.
(11) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion
picture film, phonographic record or tape or other tangible thing capable of arousing interest through sight, sound or
touch.
(12) "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed
before an audience. (RC 2907.01)
(13) "Knowledge of character" means having general knowledge or reason to know, or a belief or ground for belief which
warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has
such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually
explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable,
whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by
direct or circumstantial evidence, or both.
(b) As used in Sections 619.17 to 619.19:
(1) "Obscene" means that to the average person applying contemporary community standards:
A. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., a shameful or morbid interest in
sexual conduct, nudity or excretion;
B. The matter depicts or describes in a patently offensive manner sexual conduct;
C. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(2) "Material" means any book, magazine, newspaper or other printed or written material or any picture, drawing,
photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription
or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
(3) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(4) "Disseminate" means to transfer possession of, with or without consideration.
(5) "Knowingly" means being aware of the character and the content of the material.
(6) "Nudity" means the showing of the human male or female genitals or pubic area with less than fully opaque covering,
or the depiction of covered male genitals in a discernibly turgid state.
(7) "Performance" means any preview, play, show, skit, film, dance or other exhibition performed before an audience.
(8) "Available to the public" means that the matter or performance may be purchased or attended on a subscription basis,
on a membership fee arrangement or for a separate fee for each item or performance.
(9) "Service to patrons" means the provision of services to paying guests in establishments providing food and beverages;
including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and
waitressing and entertaining.
(10) "Promote" means to cause, permit, procure, counsel or assist.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.02
Presumption of Knowledge; Actual Notice and Defense
(a) An owner or manager, or his agent or employee, of a bookstore, newsstand, theater or other commercial establishment
engaged in selling materials or exhibiting performances, who, in the course of business:
(1) Possesses five or more identical or substantially similar obscene articles, having knowledge of their character, is
presumed to possess them in violation of Section 619.17(e).
(2) Does any of the acts prohibited by Section 619.12 or 619.17 is presumed to have knowledge of the character of the
material or performance involved, if he has actual notice of the nature of such material or performance, whether or not he
has precise knowledge of its contents.
(b) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a
performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is
directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the
material or performance involved, state whether it is obscene or harmful to juveniles and bear the date of such notice.
(RC 2907.35; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.03
Corruption of a Minor
(a) No person, eighteen years of age or older, shall engage in sexual conduct with another, not the spouse of the offender,
when the offender knows such other person is over twelve but not over fifteen years of age, or the offender is reckless in
that regard.
(b) This section shall not apply if the offender is four or more years older than the other person.
(c) Whoever violates this section is guilty of corrupting a minor, a misdemeanor of the first degree.
(RC 2907.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.04
Sexual Imposition
(a) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the
offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of
the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in
that regard.
(2) The offender knows that the other person's or one of the other person's ability to appraise the nature of or control the
offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person or one of the other persons submits because of being unaware of the sexual
contact.
(4) The other person or one of the other persons is over twelve but not over fifteen years of age, whether or not the
offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than
such other person.
(b) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other
evidence.
(c) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree.
(RC 2907.06; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.05
Importuning
(a) No person shall solicit a person under thirteen years of age to engage in sexual activity with the offender, whether or
not the offender knows the age of such person.
(b) No person shall solicit a person of the same sex to engage in sexual activity with the offender, when the offender knows
such solicitation is offensive to the other person, or is reckless in that regard.
(c) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the
offender is eighteen years of age or older and four or more years older than the other person, and the other person is over
twelve but not over fifteen years of age, whether or not the offender knows the age of the other person.
(d) Whoever violates this section is guilty of importuning. Violation of subsection (a) or (b) hereof is a misdemeanor of the
first degree. Violation of subsection (c) hereof is a misdemeanor of the fourth degree.
(RC 2907.07; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.06
Voyeurism
(a) No person, for the purpose of sexually arousing or gratifying himself or herself, shall commit trespass or otherwise
surreptitiously invade the privacy of another, to spy or eavesdrop upon another.
(b) Whoever violates this section is guilty of voyeurism, a misdemeanor of the third degree.
(RC 2907.08; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
619.07
Public Indecency
(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be
viewed by and affront others, not members of his or her household:
(1) Expose his or her private parts, or engage in masturbation;
(2) Engage in sexual conduct;
(3) Engage in conduct which to an ordinary observer would appear to be sexual conduct or masturbation.
(b) Whoever violates this section is guilty of public indecency. If the offender previously has not been convicted of or
pleaded guilty to a violation of this section, public indecency is a misdemeanor of the fourth degree. If the offender
previously has been convicted of or pleaded guilty to one violation of this section, public indecency is a misdemeanor of
the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, public
indecency is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to
three or more violations of this section, public indecency is a misdemeanor of the first degree.
(RC 2907.09; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.08
Procuring
(a) No person, knowingly and for gain, shall do either of the following:
(1) Entice or solicit another to patronize a prostitute or brothel;
(2) Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose
of patronizing a prostitute.
(b) No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be
used for the purpose of engaging in sexual activity for hire.
(c) Whoever violates this section is guilty of procuring, a misdemeanor of the first degree. (RC 2907.23) Notwithstanding
any other section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction
of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.09
Soliciting
(a) No person shall solicit another to engage with such other person in sexual activity for hire. This section forbids the
solicitations of paid sexual activity, whether the solicitor is the one buying or selling his or her favors. (RC 2907.24)
(b) Whoever violates the provisions of this section is guilty of soliciting, a misdemeanor of the first degree.
Notwithstanding any other section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction
of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.10
Prostitution
(a) No person shall engage in sexual activity for hire. (RC 2907.25)
(b) Whoever violates this section is guilty of prostitution, a misdemeanor of the first degree. Notwithstanding any other
section of this Code:
(1) A fine of at least two hundred fifty dollars ($250.00) is mandatory upon conviction of a first offense under this section.
(2) At least three (3) days' imprisonment and a fine of two hundred fifty dollars ($250.00) is mandatory upon conviction
of a second offense or any subsequent offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.11
Loitering for the Purpose of Engaging in Prostitution, Solicitation or Procurement
(a) For the purposes of this section:
(1) "Public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation
facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
(2) "Known prostitute or panderer" means a person who, within a year previous to the date of arrest for a violation of this
section, has, within the knowledge of the arresting officer been convicted of violating this section or any other section of
the Codified Ordinances or the Revised Code relating to prostitution, solicitation or procurement.
(b) No person shall remain or wander about in a public place and repeatedly beckon to, or repeatedly attempt to engage
passersby in conversation, or repeatedly stop or attempt to stop motor vehicles, or repeatedly interfere with the free
passage of other persons, for the purpose of engaging in, soliciting or procuring sexual activity for hire. The circumstances
which may be considered in determining whether such purpose is manifested are: That such person is a known prostitute
or panderer, repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or
attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gestures.
(c) Whoever violates this section is guilty of loitering for the purpose of engaging in, soliciting or procuring sexual activity
for hire, a misdemeanor of the first degree. Notwithstanding any other section of this Code a fine of at least two hundred
fifty dollars ($250.00) is mandatory upon conviction of an offense under this section.
(Ord. No. 773-87. Passed 6-16-87, eff. 6-19-87)
619.12
Disseminating Material Harmful to Juveniles
(a) No person, with knowledge of its character or content, shall recklessly do any of the following:
(1) Sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile any material or performance that is
obscene or harmful to juveniles;
(2) Offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent or present to a juvenile any material or
performance that is obscene or harmful to juveniles;
(3) Allow any juvenile to review or peruse any material or view any live performance that is harmful to juveniles.
(b) The following are affirmative defenses to a charge under this section, that involves material or a performance that is
harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian or spouse of the juvenile involved.
(2) The juvenile involved, at the time of the conduct in question, was accompanied by his parent or guardian who, with
knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate,
marriage license, or other official or apparently official document purporting to show that such juvenile was eighteen years
of age or over or married, and the person to whom such document was exhibited did not otherwise have reasonable cause
to believe that such juvenile was under the age of eighteen and unmarried.
(c) (1) It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or
harmful to juveniles, that such material or performance was furnished or presented for a bona fide medical, scientific,
educational, governmental, judicial or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher,
librarian, clergyman, prosecutor, judge or other proper person.
(2) Except as provided in division (b)(3) of this section, mistake of age is not a defense to a charge under this section.
(d) Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance
involved is harmful to juveniles but not obscene, violation of this section is a misdemeanor of the first degree.
(RC 2907.31; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
619.13
Deception to Obtain Matter Harmful to Juveniles
(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is
harmful to juveniles, shall do either of the following:
(1) Falsely represent that he is the parent, guardian, or spouse of such juvenile;
(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of
age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to
juveniles, shall do either of the following:
(1) Falsely represent that he is eighteen years of age or over or married;
(2) Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.
(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second
degree. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as
may be appropriate under RC Chapter 2151.
(RC 2907.33; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.14
Possession of Obscene Material Involving Minor
(a) No person, with knowledge of the character of the material involved, shall possess or control any obscene material that
has a minor as one of its participants.
(b) This section does not apply to any material that is possessed or controlled for a bona fide medical, scientific,
educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person
having a proper interest in the material.
(c) Whoever violates this section is guilty of possession or control of obscene material involving a minor, a misdemeanor
of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
619.15
Possession of Sexually-Oriented Material Involving Minor
(a) No person, with knowledge of the character of the material involved, shall possess or control sexually-oriented material
involving a minor.
(b) "Sexually-oriented material involving a minor" means any material that shows a minor participating or engaging in
sexual activity, masturbation or bestiality.
(c) This section does not apply to any material that is possessed or controlled for a bona fide medical, scientific,
educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person
having a proper interest in the material.
(d) Whoever violates this section is guilty of possession or control of sexually-oriented material involving a minor, a
misdemeanor of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
619.16
Possession of Nudity-Oriented Material Involving Minor
(a) No person, with knowledge of the character of the material involved, shall possess or view any nudity-oriented material
involving a minor who is not the person's child or ward, unless one of the following applies:
(1) The material is possessed or controlled for a bona fide artistic, medical, scientific, educational, religious, governmental,
judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona
fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material.
(2) The person knows that the parents, guardian, or custodian has consented in writing to photographing or use of the
minor in a state of nudity and to the manner in which the material is used or transferred.
(b) Whoever violates this section is guilty of possession or control of nudity-oriented material involving a minor, a
misdemeanor of the first degree.
(Ord. No. 485-85. Passed 5-13-85, eff. 5-15-85)
619.161
Displaying Matter Harmful to Juveniles
(a) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character or
content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is
open to view by juveniles as part of the invited general public.
(b) It is not a violation of division (a) of this section if the material in question is displayed by placing it behind "blinder
racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or
placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful
to juveniles is not open to the view of juveniles.
(c) Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree.
Each day during which the offender is in violation of this section constitutes a separate offense.
(RC 2907.311; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
619.17
Prohibited Conduct
No person shall:
(a) Knowingly disseminate, distribute or make available to the public any obscene material;
(b) Knowingly engage or participate in any obscene performance made available to the public;
(c) Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct,
nudity or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce
primarily on the basis of their prurient appeal;
(d) Provide service to patrons in such a manner as to expose to public view:
(1) His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region; or
(3) Any portion of the female breast at or below the areola thereof.
(e) Knowingly promote the commission of any of the above listed unlawful acts.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.18
Notice of Obscene Material or Action
(a) Actual notice of the obscene nature of such material, performance or activity may be given to a person involved in or
responsible for such from the City Prosecutor on the basis of information lawfully gathered and supplied to him by the
Division of Police or citizens.
(1) Such notice shall be in writing and delivered by mail or in person to the alleged offender.
(2) Such notice shall state that:
A. In the opinion of the City Prosecutor the activity engaged in falls within the prohibitions of Section 619.17.
B. If such activity has not ceased within three judicial days, the City will take appropriate legal action.
C. A declaratory judgment proceeding as described in Section 619.19(b) is available if a person engaged in the challenged
activity wishes to initiate the legal determination of whether the activity is in fact obscene.
(b) A person who promotes any obscene activity as prohibited in Section 619.17 in the course of his business is presumed
to do so with knowledge of its content and character.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.19
Types of Proceedings
(a) In Rem Proceedings.
(1) The Chief of Police may apply to the City Prosecutor to institute an attachment proceeding against any material which
is alleged to be obscene in a sworn affidavit.
(2) Upon filing of an application for attachment authorized in subsection (a)(1) hereof, the Chief shall immediately cause
notice thereof to be served either personally or by mail upon any person residing or doing business in the City who is
known or believed by the Chief to have any of the following interests in material named in the complaint:
A. The publisher;
B. The wholesaler, distributor, circulator;
C. Every retailer or dealer who has, or may have, possession of any material identical to material named in the complaint.
(3) Trial shall be held no later than the fourth judicial day following the filing for attachment. No trial under this section
shall be continued or otherwise postponed more than one judicial day, but may be conducted by a judge pro tempore in
the event of unavailability of the trial judge.
(b) Declaratory Judgment.
(1) Any person receiving notice in writing from the City Prosecutor under Section 619.18 that a specified activity is obscene
may bring action against the City for a declaratory judgment to determine whether such activity is obscene.
(2) If it is adjudged and declared by the court that such activity is obscene, then the City Prosecutor may cause the
publication of such judgment in a newspaper of general circulation in the City. Upon such publication all persons residing
or doing business in the City will be presumed to have actual notice of the nature of the activity.
(c) Criminal Prosecution.
(1) The City Prosecutor may cause criminal charges to be brought against any person presently engaging in or who has
engaged in any prohibited activity in violation of Section 619.17(a), (c) and (e).
(2) If the City Prosecutor has given notice pursuant to Section 619.18, then such criminal charges may be brought only
after three judicial days after receipt of notice.
(d) Injunction.
(1) The City Prosecutor may seek a temporary restraining order in the Cleveland Municipal Court in order to enjoin any
obscene performance or the service of patrons in violation of Section 619.17.
(2) If the City Prosecutor has given written notice pursuant to Section 619.18(a), he may after the passage of three judicial
days seek such a temporary restraining order.
(3) A judicial hearing on a request for such order must be granted within three judicial days, and if the temporary
restraining order is issued, a trial on the issue of the obscenity of the activity must be commenced within ten days of the
issuance of the temporary restraining order. Such trial is not to be postponed, stayed or adjourned by the Municipal Court
for more than two judicial days, but it may be conducted by a judge pro tempore if no trial judge is available.
(e) Proceedings authorized by this section shall be in addition to any others provided by law.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.20
Evidence; Defenses
(a) Expert affirmative evidence that the materials or activities are obscene is not required when the materials or activities
themselves are presented as evidence.
(b) It shall be an affirmative defense in any prosecution under Section 619.17 that allegedly obscene material was
disseminated, or presented for a bona fide scientific, medical, educational, governmental or judicial purpose by a
physician, psychologist, teacher, clergyman, prosecutor or judge.
(Ord. No. 2139-74. Passed 4-28-75, eff. 5-1-75)
619.21
Material Disposition; Penalty
(a) In an in rem proceeding against sexually explicit material under Section 619.19(a), the court shall, upon a
determination by the trier of fact that the material is obscene material, authorize and direct the Chief of Police, pending
the exhaustion of all appeals, to destroy the same.
(b) Notwithstanding the provisions of Section 601.99(b), whoever violates Section 619.17 shall be fined not less than five
hundred dollars ($500.00) nor more than one thousand dollars ($1,000), or imprisoned not less than thirty days and not
more than one year, or both. A separate offense shall be deemed committed each day during or on which an offense occurs
or continues.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.22
License Requirements for Publishing, Selling Printed Material
Any person publishing or involved in the sale of material as defined in Section 619.01(b)(2) shall first obtain a license from
the office of the Division of Assessments and Licenses. The license shall be prominently displayed and show the ownership
of and the principal officers of the corporation or company, as well as the addresses of the owners or officers of the
company or corporation; further, upon change of ownership or corporate structure, the license shall be required to be
renewed showing new information as to corporate or company status. The license fee shall be fifty dollars ($50.00) per
each application.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
619.23 Use of a Vehicle to Solicit a Person to Engage in Prostitution or a Drug Offense
Prohibited
(a) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall solicit another to engage such other
person in sexual activity for hire.
(b) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to,
attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage
in sexual activity for hire contrary to Section 619.09 of the Codified Ordinances.
(c) No person, while operating a vehicle, or while a passenger in or on a vehicle, shall knowingly obtain, possess, or use a
controlled substance contrary to Section 607.03.
(d) No person, while operating a vehicle or while a passenger in or on a vehicle, shall stop, attempt to stop, beckon to,
attempt to beckon to, or entice any person to approach or enter the vehicle with intent to entice the other person to engage
in any drug abuse offense contrary to Chapter 607 of the Codified Ordinances.
(e) Any vehicle that has been used on two (2) occasions in the commission of one or any combination of the offenses
defined in divisions (a), (b), (c) or (d) of this section, for which convictions have been entered in the court's journal,
without regard to the ownership of the property and without regard to whether the same person(s) were convicted of both
offenses, is hereby declared to be a nuisance, and its contents, if any, are also hereby declared to be a nuisance. Any vehicle
that constitutes a nuisance under this division and its contents may be abated as provided in Section 619.25.
(f) Whoever violates divisions (a), (b), (c ) or (d) of this Section is guilty of a misdemeanor of the first degree. The
sentencing court shall sentence the offender to a mandatory term of imprisonment of not less than three (3) days on the
first offense, not less than ten (10) days on the second offense, and not less than thirty (30) days on the third or any
subsequent offense, and may sentence the offender to a longer term of imprisonment. In addition, the sentencing court
may impose a fine not exceeding one thousand dollars ($1,000.00).
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
619.24
Nuisance Property Declared
(a) Any vehicle, boat, aircraft, building or place that has been used on two (2) occasions in the commission of one or any
combination of the following offenses, for which convictions have been entered in the court's journal, without regard to
the ownership of the property and without regard to whether the same person(s) were convicted of both offenses, is hereby
declared to be a nuisance:
Pertaining to prostitution
(1) Procuring, Section 619.08
(2) Soliciting, Section 619.09
(3) Prostitution, Section 619.10
(4) Use of a Vehicle to Solicit a Person to engage in Prostitution or a Drug Offense Prohibited, Section 619.23
Pertaining to drugs
(5) Drug Abuse: Controlled Substance Possession or Use, Section 607.03
(6) Possessing Drug Abuse Instruments, Section 607.04
(7) Permitting Drug Abuse, Section 607.05
(8) Possession, Manufacture and Sale of Drug Paraphernalia, Section 607.17
Pertaining to liquor
(9) Permit Required, Section 617.05
Pertaining to gambling
(10) Gambling, Section 611.02
(11) Operating a Gambling House, Section 611.03
(12) Public Gaming. Section 611.04
(b) Any building, vehicle, boat, aircraft, or place that constitutes a nuisance as defined in division (a) and all of the
contents of the same, if any, may be abated as provided in Section 619.25.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
619.25
Action to Abate Nuisances
(a) Nature of action. The Director of Law may file an action in rem to abate any nuisance as defined by Section 619.24.
The standard of proof shall be by a preponderance of the evidence. This action may be brought as a separate action or
concurrently with any other action available at law or in equity to enjoin and/or abate the nuisance including, without
limitation, an action authorized by Chapter 3767 of the Revised Code or other actions authorized by these Codified
Ordinances.
(b) Notice and opportunity to be heard. Prior to the issuance of an order under this section, a reasonably diligent search
shall be conducted of the public records that relate to the property that is the subject of an abatement action to identify the
owner, lienholder, and any other person with an ownership interest in the property. Such persons shall be sent notice by
certified mail, return receipt requested, or shall be personally served, and shall be granted an opportunity to be heard by
the court.
(c) Innocent owners or lienholders. No abatement order shall be issued pursuant to this section if an owner or lienholder
or other person with an ownership interest in the property that is the subject of an abatement action establishes to the
court, by a preponderance of evidence after filing a motion with the court, that the owner, lienholder or other person
neither knew nor should have known after a reasonable inquiry that the property would be used, or likely would be used or
involved in the commission of a criminal offense, and further that the owner, lienholder or other person with an
ownership interest in the property did not expressly or impliedly consent to the use or involvement of the property in the
violation, and that the lien or ownership interest was perfected pursuant to law prior to the existence of the nuisance.
(d) Family hardship. A family or household member of the person who is the owner of property used to maintain a
nuisance may file a motion with the court having jurisdiction over the action to abate a nuisance claiming that the order of
abatement and sale of the property will create an undue hardship on the family or household member. If the court
determines by a preponderance of the evidence that an undue hardship would be caused to a family or household member
filing the motion, and if the court further finds that the moving party has not in any previous case benefited from a finding
of family hardship relative to the property at issue, no order of abatement shall issue. As used in this section, "family or
household member" means the spouse, brother, sister or child of the person who is the owner of property used to maintain
a nuisance.
(e) Order of Abatement. If the existence of a nuisance is established, an order of abatement as described in this division
shall be entered as a part of the judgment in the case.
If the property involved in the abatement action is a building or other place, it shall be ordered closed and kept closed for a
period of one (1) year, unless sooner released by the court. The contents and fixtures of such a building or other place shall
be given to an agency identified by the Director of Law, which may be a battered women's shelter or similar agency, if the
agency desires to have it, or if it does not, the same shall be sold at public auction or as otherwise directed by the court,
and the proceeds shall be distributed as provided in division (g) of this section.
If the property involved in the abatement action is a vehicle, boat or aircraft, the same shall be given to a battered women's
shelter or similar agency identified by the Director of Law, if the agency desires to have it, or if it does not, the same sold at
public auction or as otherwise directed by the court, and the proceeds shall be distributed as provided in division (g) of
this section.
The court may order any person in charge of personalty that is subject to sale under this division to present the same at a
time and place directed by the court for the purpose of conducting its sale. In addition, the court may authorize any law
enforcement agency to seize such personalty.
In identifying an agency to receive the property or the proceeds from the sale of the property as provided in this section,
the Director of Law shall confer with the council member representing the community in which the criminal activity that
gave rise to the nuisance occurred, and where possible, the agency selected will be one that serves that community.
(f) Use of closed building. Any person who uses a building or place ordered closed in accordance with division (e) of this
section, with knowledge that such building or place has been ordered closed, shall be guilty of a misdemeanor of the fourth
degree.
(g) Sale of property, costs and liens. Upon the sale of any furniture, fixtures, contents, vehicle, boat or aircraft as provided
in this section, the person executing the order of the court shall, after deducting the expenses of keeping such property and
costs of such sale, pay all liens according to their priorities which may be established by intervention or otherwise at the
hearing or in other proceedings brought for the purpose as being bona fide and as having been created without the
lienholder having any notice that such property was being used or was to be used for the maintenance of a nuisance as
herein defined, and shall pay the balance to a battered women's shelter or similar agency identified by the Director of
Law.
(Ord. No. 164-A-2000. Passed 6-19-00, eff. 6-29-00)
Title I — General Offenses
Chapter 621 — Offenses Against Persons
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Physical harm to persons defined, CO 601.01
Fighting; provoking violent response, CO 605.03
Family offenses, CO Ch 609
621.01
Negligent Homicide
(a) No person shall negligently cause the death of another by means of a deadly weapon or dangerous ordnance as defined
in Section 627.01.
(b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.
(RC 2903.05; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
621.02
Vehicular Homicide
(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive,
watercraft or aircraft shall negligently cause the death of another.
(b) Whoever violates this section is guilty of vehicular homicide, a misdemeanor of the first degree. If the jury or judge as
trier of fact in the case in which the person is convicted finds that the offender was under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse, at the time of the commission of the offense, the offender shall in addition be
given mandatory sentence and license revocation found in RC 4507.16.
(c) To assist the trier of fact in determining whether the offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, the concentration of alcohol in the offender's blood, breath or urine as shown by a chemical
test taken pursuant to RC 1547.111 or 4511.191 may be considered as a competent evidence and the offender shall be
presumed to have been under the influence of alcohol if there was at the time the bodily substance was withdrawn for the
chemical test a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in the offender's
blood, ten-hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath, or fourteen-hundredths
(0.14) of one gram or more by weight of alcohol per one hundred milliliters of his urine. (RC 2903.07).
(d) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.07.
(Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)
621.03
Assault
(a) No person shall knowingly cause or attempt to cause physical harm to another.
(b) No person shall recklessly cause serious physical harm to another.
(c) Whoever violates this section is guilty of assault, a misdemeanor of the first degree.
(d) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the
offense was any of the following:
(1) an official or employee of the Cleveland City School District or the City of Cleveland; or
(2) a member of the City's Auxiliary Police Force; or
(3) a school crossing guard or his or her alternate; or
(4) a volunteer working on school property, whether public or private, or at a City-owned recreation center; or
(5) a taxicab driver licensed under Chapter 443 of the Codified Ordinances;
and the court further determines that the victim was performing his or her official duties at the time of the offense, the
court shall set the offender's fine at $1,000.00 and in addition to said fine shall sentence the offender to not less than sixty
(60) days' and not more than six (6) months' imprisonment. The minimum fine and imprisonment to be imposed by the
court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and
imprisonment.
(e) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the
offense was a child between the ages of six and seventeen and was in attendance in a facility owned by the Cleveland City
School District at the time of the offense, the court shall set the offender's fine at $1,000.00 and, in addition to said fine,
shall sentence the offender to not less than sixty (60) days' and not more than six (6) months' imprisonment. The
minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall
not suspend all or any portion of said fines and imprisonment.
(f) This section does not apply where the offense constitutes a felony pursuant to Section 2903.13 of the Revised Code.
(Ord. No. 995-2000. Passed 12-4-00, eff. 12-13-00)
621.031
Assault by a Minor; Parental Duty Imposed
(a) No child between the ages of six and seventeen, inclusive, shall knowingly cause or attempt to cause physical harm to
an official or employee of the Cleveland City School District or City of Cleveland while performing his or her official duties.
(b) Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit
the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed
by this division.
(c) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating
division (a) of this section; or
(2) Can demonstrate based upon the records of the Cleveland City School District that they have been actively working
with officials of the Cleveland City School District regarding the behavior of the child prior to the time that the child was
found violating division (a) of this section.
(d) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile
Court.
(e) Any school official or employee who has knowledge that a child between the ages of six and seventeen, inclusive, has
caused or attempted to cause physical harm to an official or employee of the Cleveland City School District or City of
Cleveland while performing his or her official duties shall immediately notify the Chief of Police or his designee and
request the assistance of the Division of Police. This division (e) shall not apply to any school official or employee who has
personal knowledge that the notification required by this division (e) has already been given with respect to a particular
assault. The notification required by this division (e) shall be separate from and in addition to any notification regarding
prohibited weapons required to be given pursuant to Section 627.082.
(f) Any person who violates division (b) or division (e) of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)
621.04
Negligent Assault
(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 627.01 cause
physical harm to another.
(b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.
(RC 2903.14; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
621.05
Assault on a Law Enforcement Officer—Repealed
621.06
Aggravated Menacing
(a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or
property of such other person or member of his immediate family.
(b) Whoever violates this section is guilty of aggravated menacing, a misdemeanor of the first degree.
(RC 2903.21; Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
621.07
Menacing
(a) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or
property of such other person or member of his immediate family.
(b) Whoever violates this section is guilty of menacing, a misdemeanor of the fourth degree.
(RC 2903.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
621.071
Menacing by Stalking
(a) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause
physical harm to the other person or cause mental distress to the other person.
(b) Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree.
(c) Section 2919.27 of the Revised Code applies in relation to a defendant charged with violation of this section.
(d) As used in this section:
(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a
prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the
performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of
any authorized act within the public official's firefighter's, rescuer's, emergency medical services person's, or emergency
facility person's official capacity may constitute a "pattern of conduct."
(2) "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental
illness or condition that would normally require psychiatric treatment.
(3) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in Section
2133.21 of the Revised Code.
(4) "Emergency facility person" is the singular of "emergency facility personnel" as defined in Section 2909.04 of the
Revised Code.
(5) "Public official" has the same meaning as in Section 2921.01 of the Revised Code.
(e) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under Section
2903.211 of the Revised Code.
(RC 2903.211; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
621.072
Exceptions to Aggravated Menacing and Menacing
Sections 621.06 and 621.07 do not apply if the victim of the offense is an officer or employee of a public children services
agency or a private child placing agency and the offense relates to the officer's employee's performance or anticipated
performance of official responsibilities or duties or, if the offender previously has been convicted of or pleaded guilty to an
offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or
private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated
performance of official responsibilities or duties.
(RC 2903.214; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
621.08
Unlawful Restraint
(a) No person, without privilege to do so, shall knowingly restrain another of his liberty.
(b) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.
(RC 2905.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
621.09
Coercion
(a) No person, with purpose to coerce another into taking or refraining from action concerning which he has a legal
freedom of choice, shall do any of the following:
(1) Threaten to commit any offense;
(2) Utter or threaten any calumny against any person;
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, or to damage
his personal or business repute, or impair his credit;
(4) Institute or threaten criminal proceedings against any person;
(5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken
or withheld.
(b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the
following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to RC 2945.44;
(2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for
the testimony of the accused in a case to which he is not a party, offering or agreeing to dismiss, or dismissing one or more
charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of
sentence;
(3) Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or
redress to the victim of his offense.
(c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a
reasonable response to the circumstances which occasioned it, and that his purpose was limited to:
(1) Compelling another to refrain from misconduct or to desist from further misconduct;
(2) Preventing or redressing a wrong or injustice;
(3) Preventing another from taking action for which the actor reasonably believed such other person to be disqualified;
(4) Compelling another to take action which the actor reasonably believed such other person to be under a duty to take.
(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
(e) As used in this section, "threat" includes a direct threat and a threat by innuendo.
(RC 2905.12; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
621.10
Telephone Harassment
(a) No person shall knowingly make or cause to be made a telephone call, or knowingly permit a telephone call to be made
from a telephone under his control, to another if the caller does any of the following:
(1) Fails to identify himself to the recipient of the telephone call and makes the telephone call with purpose to harass,
abuse or annoy any person at the premises to which the telephone call is made, whether or not conversation takes place
during the telephone call;
(2) Describes, suggests, requests or proposes that the caller, recipient of the telephone call or any other person engage in
any sexual activity as defined in Section 619.01, and the recipient of the telephone call or another person at the premises to
which the telephone call is made, has requested, in a previous telephone call or in the immediate telephone call, the caller
not to make a telephone call to the recipient of the telephone call or to the premises to which the telephone call is made;
(3) During the telephone call, violates Section 621.06;
(4) Knowingly states to the recipient of the telephone call that he intends to cause damage to or destroy public or private
property, and the recipient of the telephone call, any member of the family of the recipient of the telephone call or any
other person who resides at the premises to which the telephone call 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 telephone call to the recipient of the telephone call, to another person at the premises to which
the telephone call is made, or to the premises to which the telephone call is made, and the recipient of the telephone call,
or another person at the premises to which the telephone call is made, has previously told the caller not to call the
premises to which the telephone call is made or not to call any persons at the premises to which the telephone call is made.
(b) No person shall make or cause to be made a telephone call or permit a telephone call to be made from a telephone
under his control with purpose to abuse, threaten, annoy or harass another person.
(c) Whoever violates this section is guilty of telephone harassment, a misdemeanor of the first degree, if the offender has
not previously been convicted of a violation of this section or RC 2917.21.
(RC 2917.21; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
621.11
Threatening or Harassing Phone Calls
(a) No person shall, while communicating with any other person over a telephone, threaten to do bodily harm or use or
address to such other person any words or language of a lewd, lascivious or indecent character, nature or connotation for
the sole purpose of annoying such other person; nor shall any person telephone any other person repeatedly or cause any
person to be telephoned repeatedly for the sole purpose of harassing or molesting such other person or his family.
Any use, communication or act prohibited by this section may be deemed to have occurred or to have been committed at
either the place at which the telephone call was made or was received. (RC 4931.31)
(b) Whoever violates this section is guilty of threatening or harassing phone calls, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
621.12
Revelation of Confidential Matters
(a) No employee of another, who in the course and within the scope of his employment receives any confidential matter or
information, shall knowingly, without the consent of his employer, furnish or disclose such matter or information to any
person not privileged to acquire it. (RC 1333.81)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(RC 1333.99(F); Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
621.13
Abuse of Corpse
(a) No person, except as authorized by law, shall treat a human corpse in a way that he knows would outrage reasonable
family sensibilities.
(b) Whoever violates this section is guilty of abuse of a corpse, a misdemeanor of the second degree.
(RC 2927.01; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
621.14
Hazing
(a) As used in this section, "hazing" means doing any act or coercing another, including the victim, to do any act of
initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical
harm to any person.
(b) (1) No person shall recklessly participate in the hazing of another.
(2) No administrator, employee, or faculty member of any primary, secondary, or post-secondary school or of any other
educational institution, public or private, shall recklessly permit the hazing of any person.
(c) Whoever violates this section is guilty of hazing, a misdemeanor of the first degree.
(RC 2903.31; Ord. No. 542-90. Passed 3-19-90, eff. 3-22-90)
Title I — General Offenses
Chapter 623 — Property Offenses
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Parents' liability for destructive acts of their children, RC 3109.09
Desecration of U.S. flag, CO 105.10
Defacing notices of park rules prohibited, CO 559.51
Airport property damage, CO 571.10
Defacing, damaging or climbing on bridges, CO 577.13
Physical harm to property defined, CO 601.01
Vehicle trespass, CO 625.07
623.01
Arson
(a) No person, by means of fire or explosion, shall knowingly and without purpose to defraud cause, or create a substantial
risk of physical harm to any property of another without his consent.
(b) This section shall not apply if:
(1) The value of the property or the amount of physical harm involved is three hundred dollars ($300.00) or more; or
(2) The property involved is a statehouse, courthouse, school building or other structure owned or controlled by the State
or any of its political subdivisions, or any department, agency or instrumentality of either, and used for public purposes.
(c) Whoever violates this section is guilty of arson, a misdemeanor of the first degree.
(RC 2909.03; Ord. No. 304-86. Passed 4-15-85, eff. 4-17-85)
623.02
Criminal Damaging or Endangering
(a) No person shall cause, or create a substantial risk of physical harm to any property of another without his consent:
(1) Knowingly, by any means;
(2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or
other inherently dangerous agency or substance.
(b) Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor if the property involved is
not an aircraft, an aircraft engine, propeller, appliance, spare part or any other equipment or implement used or intended
to be used in the operation of an aircraft and if the violation does not create a risk of physical harm to any person, and if
the property involved is not an occupied aircraft. A violation of this section is a misdemeanor of the second degree. If
violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor
of the first degree.
(RC 2909.06; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
623.03
Criminal Mischief
(a) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with the property
of another;
(2) With purpose to interfere with the use or enjoyment of property of another employ a tear gas device, stink bomb,
smoke generator or other device releasing a substance which is harmful or offensive to persons exposed or which tends to
cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with a bench
mark, triangulation station, boundary marker or other survey station, monument or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with any safety
device, the property of another or the property of the offender when required or placed for the safety of others, so as to
destroy or diminish its effectiveness or availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or
place personal property that has been set on fire on the land of another, which fire or personal property is outside and
apart from any building, other structure or personal property that is on that land.
(b) As used in this section, "safety device" means any fire extinguisher, fire hose or fire axe, or any fire escape, emergency
exit or emergency escape equipment, or any life line, life-saving ring, life preserver or life boat or raft, or any alarm, light,
flare, signal, sign or notice intended to warn of danger, or emergency, or intended for other safety purpose, or any guard
railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal or gate, or any first aid or
survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of
persons or property.
(c) Whoever violates this section is guilty of criminal mischief, a misdemeanor if the property involved is not an aircraft,
an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement or
material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an
aircraft and if the violation does not create a risk of physical harm to any person, and if the property involved is not an
occupied aircraft. A violation of this section is a misdemeanor of the third degree. If violation of this section creates a risk
of physical harm to any person, criminal mischief is a misdemeanor of the first degree.
(RC 2909.07; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
623.04
Criminal Trespass
(a) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain
persons, purposes, modes or hours, when the offender knows he is in violation of any such restriction or is reckless in that
regard.
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or
presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner
reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed
to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner
or occupant, or the agent or servant of either;
(5) Knowingly enter or remain in any vacant and vandalized building or structure, including, but not limited to, a formerly
occupied residential dwelling or dwelling unit, without having on his person the written permission of the owner of such
structure granting permission to be in any such building or structure. This paragraph does not apply to governmental
officers or employees when carrying out a lawful governmental function.
(6) After first being warned to desist, knowingly enter or remain on vacant land of another, or outdoors on the land or
premises of another on which any vacant and vandalized building or structure is situated, including, but not limited to, a
formerly occupied residential dwelling or dwelling unit, without having on his person a writing such as, by way of example
only, a contract or work order for work at the land or premises, or a writing signed by the owner, lessee or other person
entitled to possession of the land or premises, that shows that the person has a lawful reason to enter or remain there.
(b) It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of
a public agency.
(c) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or
premises involved when such authorization was secured by deception.
(d) Whoever violates divisions (a)(1), (2), (3) and (4) of this section is guilty of criminal trespass, a misdemeanor of the
fourth degree.
(e) Whoever violates division (a)(5) of this section is guilty of trespassing on a vacant and vandalized building, a
misdemeanor of the first degree.
(f) Whoever violates division (a)(6) of this section is guilty of a minor misdemeanor on the first offense and a
misdemeanor of the fourth degree on the second and any subsequent offense.
(g) As used in this section, “land or premises” includes any land, building, structure of place belonging to, controlled by or
in custody of another, and any separate enclosure or room, or portion thereof. (RC 2911.21)
(Ord. No. 1076-09. Passed 5-10-10, eff. 5-20-10)
623.041
Aggravated Trespass
(a) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those
premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another
person to believe that the offender will cause physical harm to him or her.
(b) Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.
(RC 2911.211; Ord. No. 1298-93. Passed 6-14-93, eff. 6-23-93)
623.05
Trespass on RTA Property
(a) No person shall enter upon any portion of the right of way, owned or leased by the Regional Transit Authority or any
other transit system, upon which are located rail tracks of any rapid transit system, without proper authority.
(b) Whoever violates this section is guilty of trespass on RTA property, a misdemeanor of the fourth degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.06
Destruction of Shrubs, Trees or Crops
(a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle or otherwise injure a vine, bush, shrub,
sapling, tree or crop standing or growing on the land of another or upon public land.
(b) Whoever violates this section is liable in treble damages for the injury caused. (RC 901.51)
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(RC 901.99(A); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
623.07
Desecration
(a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of
the following:
(1) The flag of the United States or of this State;
(2) Any public monument;
(3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery thing or site of great
historical or archeological interest;
(4) A work of art or museum piece;
(5) Any other object of reverence or sacred devotion.
(b) Whoever violates this section is guilty of desecration. A violation of this section is a misdemeanor of the second
degree.
(RC 2927.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
623.08
Vandalism of Vacant Buildings and Structures
(a) No person shall purposely destroy, injure or deface any vacant building or structure or units therein, or purposely
remove therefrom any interior or exterior fixtures or portions thereof, so as to cause physical harm to such buildings,
structures or units therein.
(b) No person shall purposely attempt to destroy, injure or deface any vacant building or structure or units thereon, or
purposely attempt to remove therefrom any fixtures or portions thereof, so as to cause physical harm to such buildings,
structures or units thereon.
(c) The provisions of this section are not applicable to any governmental agency, or its employees, acting within the scope
of their official duties and according to law, or to any lawful owner of such premises or agent of such owners, acting
according to law and so as not to create a nuisance or unsafe structure.
(d) Notwithstanding the provisions of Section 601.99(a), whoever violates this section shall be guilty of vandalism of
vacant buildings and structures, a first-degree misdemeanor and fined not less than five hundred dollars ($500.00), nor
more than one thousand dollars ($1000.00) and imprisoned not less than thirty days nor more than one hundred and
eighty days.
If the person has been previously convicted of violating this section he shall receive the mandatory maximum sentence
and be fined one thousand dollars ($1000.00) and imprisoned one hundred and eighty days.
No portion of the minimum sentences imposed by this section shall be subject to reduction in any manner.
(Ord. No. 1965-06. Passed 12-11-06, eff. 12-15-06)
623.09
War Memorial Vandalism
(a) No person shall wilfully or maliciously defile, mar, injure, deface, mutilate, sit or walk upon any portion of, or deposit
or throw any object into or at the War Memorial Fountain.
(b) Whoever violates this section is guilty of war memorial vandalism a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.091
Vandalism to Police and Firefighter Memorials
(a) No person shall purposely mar, injure, deface, damage or otherwise physically mistreat the Police Memorial or
Firefighter Memorial.
(b) Whoever violates this section is guilty of desecration, a misdemeanor of the second degree.
(Ord. No. 1569-01. Passed 8-15-01, eff. 8-24-01)
623.10
Spray Painting Property
(a) No person shall intentionally, maliciously or recklessly destroy, damage or deface in any way any public or private
property by the use of spray paint or any other paint or any other similar substance. Public or private property shall
include the following:
(1) Public or private buildings, including sidewalks about such grounds and all appurtenances thereto, fences or trees;
(2) Public street lights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators;
(3) Telephone or telegraph wires or electric wires of any kind or the poles sustaining or attaching thereto;
(4) Statues, monuments or plaques;
(5) Official notices or signs posted by the State, the City or any other public agency.
(b) Whoever violates this section is guilty of spray painting property, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.101
Selling or Furnishing Aerosol Containers of Paint to Minors Prohibited
(a)(1) It shall be unlawful for any person, firm, or corporation to sell to another person, who is under the age of 18 years,
any aerosol container of paint that is capable of defacing property without first obtaining bona-fide evidence of majority
and identity.
(2) It shall be unlawful for any person, firm, or corporation to furnish or give to another person, who is under the age of 18
years, any aerosol container of paint that is capable of defacing property.
(b) For purposes of this subdivision, "bona-fide evidence of majority and identity" is any document evidencing the age and
identity of an individual which has been issued by a federal, state or local governmental entity, including, but not limited
to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, or an
identification card issued to a member of the armed forces.
(c) Subsection (a)(2) hereof shall not apply to the furnishing of an aerosol container of paint to a minor for the minor's use
or possession while engaged in a lawful activity under the supervision and control of the minor's parent, guardian, teacher
or employer.
(d) Subsection (a)(2) hereof shall not apply to aerosol containers of paint or related substances that are furnished for use
in school-related activities as part of the instructional program when used under the control and supervision of a teacher,
instructor or other adult supervisor for such activities, either within the classroom or on the site of a supervised project.
These containers shall be inventoried by the teacher, instructor, or adult supervisor upon completion of the activity or
project.
(e) After 30 days from passage of this section, all retail businesses within the City of Cleveland that sell or offer for sale
aerosol containers of paint shall post in a conspicuous area near such containers a notice that states:
"WARNING: SALE OF SPRAY PAINT TO MINORS PROHIBITED"
"(1) It is unlawful in the City of Cleveland for any person under the age of 18 to purchase an aerosol container of paint.
"2) It is unlawful in the City of Cleveland for any person under the age of 18 to possess or to be furnished with an aerosol
container of paint, except while engaged in a lawful activity under the supervision and control of a parent, guardian,
teacher, or employer."
(f) After 30 days from passage of this section, whoever violates subsection (e) hereof is guilty of a minor misdemeanor and
shall be fined not more than one hundred dollars ($100.00).
(g) Whoever violates subsections (a)(1) or (a)(2) hereof is guilty of selling or furnishing an aerosol paint container to a
minor, a misdemeanor of the first degree.
(Ord. No. 1646-06. Passed 4-23-07, eff. 4-26-07)
623.102
Purchase or Possession of Aerosol Containers of Paint by Minors Prohibited
(a) It shall be unlawful for any person under the age of 18 years to purchase an aerosol container of paint that is capable of
defacing property.
(b) It shall be unlawful for any person under the age of 18 to possess or to have under his control an aerosol container of
paint that is capable of defacing property.
(c) It shall be unlawful for any person under the age of 18 years to possess or to have under his control an aerosol
container of paint with purpose to deface property while on any public highway, street, alley, or way, or other public place,
regardless of whether that person is or is not in any automobile, vehicle, or other conveyance.
(d) Subsection (b) hereof does not apply to the possession of an aerosol paint container by a person under the age of 18 in
the circumstances described in subsections (c) and (d) of preceding Section 623.101.
(e) Whoever violates this section is guilty of unlawful purchase or possession of an aerosol container of paint, a
misdemeanor of the first degree.
(Ord. No. 1646-06. Passed 4-23-07, eff. 4-26-07)
623.11
Defacing and Removing Signs
(a) No person shall tear down, remove, destroy, cover up, mutilate, obliterate or otherwise injure any proclamation or
official notice, any sign or handbill, notice, poster or advertisement containing a notice of any meeting, lecture, theater,
show, play or concert, or any public or private sale of property until after they have served the purpose for which they were
put up. This section does not prevent any person owning or controlling billboards used for advertising purposes from
changing or removing advertisements or notices which he may post thereon, or prohibit any owner from removing
advertisements or notices placed or remaining on his property without his consent.
(b) Whoever violates this section is guilty of defacing and removing signs, a misdemeanor of the fourth degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.12
Posting on Private Property Without Consent
(a) No person shall stick or post any advertisement, poster, sign or handbill or placard of any description upon any private
building, or upon any tree, post, fence, billboard or any other structure or thing, the property of another, without
permission of the occupant or owner of the same, nor paint, mark, write, print or impress, or in any manner attach any
notice or advertisement or the name of any commodity or thing or any trademark, symbol or figure of any kind upon
anything whatever, the property of another, without first obtaining permission of the owner of such thing.
(b) Whoever violates this section is guilty of posting on private property without consent, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.13
Notices or Signs on Public Property Prohibited; Removal
(a) No person shall stick, post or attach any notice, advertisement, poster, sign, handbill, or placard of any kind or
description on any telegraph, telephone, railway or electric light poles within the limits of the City, or on any bridge, public
building, voting booth, flagging, curbstone, walk, step stone, or sidewalk, or write, print, or impress or in any manner
attach any notice, advertisement, poster, sign, handbill, or placard of any kind or description on any public building,
bridge, voting booth, flagging, curbstone, step stone, or sidewalk, the property of the City or within the street lines of the
City, or over which the City has the care, custody, or control, except as may be required by the laws of the State or City
ordinances. The prohibitions of this ordinance include the placing of building numbers on curbs.
(b) All notices, advertisements, posters, signs, handbills, or placards of any kind or description in violation of this section
shall be removed by the department or division which has the care, custody, or control of the City property where the
violation is found and the director of the appropriate department shall charge the responsible party fifty dollars ($50.00)
per sign to cover the cost of removal. It shall be the duty and power of the directors of the departments and of the
commissioners of the divisions of the City to carry out the mandate of the preceding sentence with regard to City property
under their care, custody, or control.
(c) Whoever violates this section is guilty of unauthorized placing of notices or signs on public property, a minor
misdemeanor.
(Ord. No. 1001-06. Passed 6-12-06, eff. 6-16-06)
623.131
Banners Prohibited Over Certain Highways
(a) No person shall hang any banner of any kind over Interstate Route 71, 77, 90 or 480 or over the Cleveland Memorial
Shoreway from the Inner Belt to Lake Road. Any banner hung in violation of this section is a public nuisance which may
be removed by the authority having jurisdiction over the highway over which the banner hangs.
(b) For purposes of this section, "banner" shall mean a piece of cloth or other material upon which a message, logo or both
is imprinted, painted or otherwise affixed.
(c) Whoever violates the provisions of this section shall be guilty of a minor misdemeanor.
(Ord. No. 1375-90. Passed 6-18-90, eff. 6-27-90)
623.14
Removal of Political Signs
(a) No person shall place or cause to be placed or permit to remain upon any public property, or private property which is
vacant or unoccupied or private property any unauthorized poster, placard or sign advertising, publicizing or containing
thereon information concerning any event, ballot issue, organization or candidate for office.
(b) Removal of any unauthorized poster, placard or sign shall be the responsibility of the candidate whose name appears
on such poster, placard or sign, or the sponsor, chairman or secretary of the committee proposing action on the issue
which is the subject of the poster, placard or sign. The Director of Public Safety shall serve notice upon the candidate,
sponsor, chairman or secretary responsible for the removal of the unauthorized poster, placard or sign at the address
listed thereon or at the usual address of the organization or organizations listed on such poster, placard or sign. The notice
shall contain the location of the unauthorized sign and shall order removal of the sign within forty-eight hours of the
receipt of the notice. If, after such time, the poster, placard or sign has not been removed, the Director of Public Service or
the Director of Parks, Recreation and Properties shall have it removed and a charge in the amount of fifteen dollars
($15.00) shall be imposed upon the responsible party for each poster, placard or sign removed, and the name of the
responsible person shall be published in the City Record until the poster, placard or sign has been removed or in the event
a fine is assessed, until such fine has been paid.
(Ord. No. 2095-92. Passed 2-22-93, eff. 3-4-93)
623.15
Criminal Damage to Swimming Pools
(a) No person shall:
(1) Without privilege to do so, deposit or throw into any swimming pool owned and operated by the City of Cleveland any
object or substance not customarily used or found in swimming pools, including, but not limited to, glass, dirt, nails or
wood.
(2) Without privilege to do so, recklessly deface, damage, destroy or otherwise tamper with the physical facilities,
structures or equipment at any swimming pool owned and controlled by the City of Cleveland.
(b) Whoever violates this section is guilty of criminal damage to swimming pools, a misdemeanor of the second degree. If
a violation of this section creates a risk of physical harm to any person, criminal damage to swimming pools is a
misdemeanor of the first degree.
(Ord. No. 2218-88. Passed 6-12-89, eff. 6-19-89)
623.16
Ethnic Intimidation
(a) No person shall violate Sections 2903.21, 2903.22, 2909.06, 2909.07 or 2917.21(A) (3) to (5) of the Revised Code or
Sections 621.06, 621.07, 621.10(a) (3) to (5), 623.02 or 623.03 of the General Offenses Code by reason of the race, religion,
color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status, of
another person or group of persons.
(b) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher
degree than the offense the commission of which is a necessary element of ethnic intimidation. (RC 2927.12)
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)
623.161
Intimidation of a Homeless Person
(a) As used in this Section, “homeless person” means either of the following:
(1) An individual who lacks a fixed, regular and adequate night-time residence;
(2) An individual who has a primary nighttime residence that meets any of the following criteria:
(i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations;
(ii) An institution that provides a temporary residence for individuals intended to be institutionalized;
(iii) A public or private place not designed for, or ordinarily used as, a regular accommodation for human beings.
(b) No person shall violate Sections 2903.05, 2903.13, 2903.14, 2903.21, 2903.22, 2903.211, 2903.31, 2905.03, 2905.12,
2907.06, 2909.03, 2909.06, 2909.07, 2913.01, 2913.02 of the Revised Code or Sections 619.04, 621.01, 621.03, 621.04,
621.06, 621.07, 621.071, 621.08, 621.09, 621.14, 623.01, 623.02, 623.03, 625.01, 625.05 of the Codified Ordinances if the
offender commits the violation with the intent to cause harm to any victim of the violation because that victim is a
homeless person.
(c) Whoever violates this section is guilty of intimidation of a homeless person. Intimidation of a homeless person is an
offense of the next higher degree than the offense the commission of which is a necessary element of intimidation of a
homeless person. If the offense committed under section (b) is a misdemeanor of the first degree, Intimidation of a
Homeless Person is a misdemeanor of the first degree.
(Ord. No. 830-08. Passed 8-6-08, eff. 8-12-08)
623.17
Criminal Damage to Parks and Recreational Facilities
(a) No person shall without privilege to do so remove, destroy, break, injure, mutilate, deface, damage or otherwise tamper
with any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, equipment, plant material or other
property in, upon or about any park, parkway, or recreational facility owned and controlled by the City.
(b) As used in this section "recreational facility" includes playground, ballfield, tennis court, skating rink, recreation center
and model airplane field.
(c) Whoever violates this section is guilty of criminal damage to parks and recreational facilities, a misdemeanor of the
second degree. If a violation of this section creates a risk of physical harm to any person, criminal damage to parks and
recreational facilities is a misdemeanor of the first degree. In either case whoever violates this section shall be fined not
less than two hundred fifty dollars ($250.00) and sentenced to not less than thirty (30) days' imprisonment. The
minimum fine to be imposed by the court for a violation of the provisions of this section is mandatory. The court shall not
suspend all or any portion of said minimum fine; provided that in lieu of all or a portion of the sentence of imprisonment
required hereunder, the court may require the offender to perform supervised community service work pursuant to
division (H) of RC 2951.02.
(d) In addition to the penalty provided in division (c) of this section, whenever an unmarried child under the age of
eighteen (18) violates this section, the Director of Parks, Recreation and Properties shall refer the matter to the Director of
Law for civil action against the parents who have custody and control of the child, pursuant to RC 2307.70 and/or
3109.09.
(Ord. No. 1562-90. Passed 4-8-91, eff. 4-15-91; Renumbered by Ord. No. 1196-91. Passed 5-13-91, eff. 5-22-91)
Title I — General Offenses
Chapter 625 — Theft and Fraud
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Deceptive measurements prohibited, CO 555.19
Property defined, CO 601.01
Cheating, CO 611.07
Falsification, CO 615.02
Impersonating a law enforcement officer, CO 615.09
Copying police and fire uniforms, CO 615.14
Deception to obtain matter harmful to juveniles, CO 619.13
Deceptive advertising, CO Ch 653
625.01
Definitions
As used in this chapter:
(a) "Deception" means knowingly deceiving another or causing another to be deceived, by any false or misleading
representation, by withholding information, by preventing another from acquiring information, or by any other conduct,
act or omission which creates, confirms or perpetuates a false impression in another, including a false impression as to
law, value, state of mind, or other objective or subjective fact.
(b) "Defraud" means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(c) "Deprive" means to:
(1) Withhold property of another permanently, or for such period as to appropriate a substantial portion of its value or
use, or with purpose to restore it only upon payment of a reward or other consideration;
(2) Dispose of property so as to make it unlikely that the owner will recover it;
(3) Accept, use or appropriate money, property or services, with purpose not to give proper consideration in return
therefor, and without reasonable justification or excuse for not giving proper consideration.
(d) "Owner" means any person, other than the actor, who is the owner of, or who has possession or control of, or any
license or interest in property or services, even though such ownership, possession, control, license or interest is unlawful.
(e) "Services" include labor, personal services, professional services, public utility services, common carrier services, and
food, drink, transportation, entertainment and cable television services.
(f) "Writing" means any computer software, document, letter, memorandum, note, paper, plate, data, film or other thing
having in or upon it any written, typewritten or printed matter, and also means any token, stamp, seal, credit card, badge,
trademark, label or other symbol of value, right, privilege, license or identification.
(g) "Forge" means to fabricate or create, in whole or in part and by any means any spurious writing, or to make, execute,
alter, complete, reproduce or otherwise purport to authenticate any writing, when such writing in fact is not authenticated
thereby.
(h) "Utter" means to issue, publish, transfer, use, put or send into circulation, deliver or display.
(i) "Coin machine" means any mechanical or electronic device designed to do both of the following:
(1) Receive a coin or bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill or token, automatically dispense property, provide a service or grant
a license.
(j) "Slug" means an object which, by virtue of its size, shape, composition or other quality, is capable of being inserted or
deposited in a coin machine as an improper substitute for a genuine coin, bill or token made for that purpose.
(k) "Theft offense" means any of the following:
(1) A violation of Sections 611.05, 625.05, 625.06, 625.10 to 625.18 or 625.21 of the General Offenses Code;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States
substantially equivalent to any section listed in division (k)(1) of this section;
(3) An offense under an existing or former municipal ordinance or law of this or any other state or the United States
involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting,
deceit or fraud;
(4) A conspiracy or attempt to commit, or complicity in committing any offense under division (k)(1), (2) or (3) of this
section.
(l) "Computer services" includes, but is not limited to, the use of a computer system, computer network, computer
program, data that is prepared for computer use or data that is contained within a computer system or computer network.
(m) "Computer" means an electronic device that performs logical, arithmetic and memory functions by the manipulation
of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage,
computer program or communication facilities that are connected or related, in a computer system or network to such an
electronic device.
(n) "Computer system" means a computer and related devices, whether connected or unconnected, including, but not
limited to, data input, output and storage devices, data communications links, and computer programs and data that make
the system capable of performing specified special purpose data processing tasks.
(o) "Computer network" means a set of related and remotely connected computers and communication facilities that
includes more than one computer system that has the capability to transmit among the connected computers and
communication facilities through the use of computer facilities.
(p) "Computer program" means an ordered set of data representing coded instructions or statements that when executed
by a computer cause the computer to process data.
(q) "Computer software" means computer programs, procedures and other documentation associated with the operation
of a computer system.
(r) "Data" means a representation of information, knowledge, facts, concepts or instructions that are being or have been
prepared in a formalized manner and that are intended for use in a computer system or computer network.
(s) "Cable television service" means any services provided by or through the facilities of any cable television system or
other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used
in connection with any cable television system or other similar closed circuit coaxial cable communications system.
(t) "Gain access" means to approach, instruct, communicate with, store data in, retrieve data from or otherwise make use
of any resources of a computer, computer system or computer network.
(u) "Credit card" includes, but is not limited to, a card, code, device or other means of access to a customer's account for
the purpose of obtaining money, property, labor or services on credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine or a cash dispensing machine. "Electronic fund transfer" has the same
meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(RC 2913.01; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
625.02
Application of Provisions
(a) Any person having been previously convicted of a theft offense under this Code or the Revised Code shall, on a
subsequent offense, be prosecuted pursuant to the provisions of Title 29 of the Revised Code.
(b) This section shall not apply to Sections 625.10, 625.13, 625.16, 625.17 or 625.18.
(Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.03
Valuation of Property
(a) When a person is charged with a theft offense involving property or services valued at three hundred dollars ($300.00)
or more, the jury or court trying the accused shall determine the value of such property or services as of the time of the
offense and, if a guilty verdict is returned, shall return the finding of value as part of the verdict. In any such case it is
unnecessary to find and return exact value, and it is sufficient if the finding and return is to the effect that the value of the
property or services involved was less than three hundred dollars ($300.00) or was three hundred dollars ($300.00) or
more.
(b) Where more than one item of property or services is involved in a theft offense, the value of the property or services
involved for the purpose of determining the value as required by subsection (a) hereof, is the aggregate value of all
property or services involved in the offense.
(c) When a series of offenses under Section 625.05 is committed by the offender in his same employment, capacity or
relationship to another, all such offenses shall be tried as a single offense, and the value of the property or services
involved for the purpose of determining the value as required by subsection (a) hereof, is the aggregate value of all
property and services involved in all offenses in the series. In prosecuting a single offense under this section, it is not
necessary to separately allege and prove each offense in the series. It is sufficient to allege and prove that the offender,
within a given span of time committed one or more theft offense in his same employment, capacity or relationship to
another.
(d) The following criteria shall be used in determining the value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record or other
thing which has intrinsic worth to its owner and which is either irreplaceable or is replaceable only on the expenditure of
substantial time, effort or money, is the amount which would compensate the owner for its loss.
(2) The value of personal effects and household goods, and of materials, supplies, equipment and fixtures used in the
profession, business, trade, occupation or avocation of its owner, which property is not covered under subsection (d)(1)
hereof, and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing such
property with new property of like kind and quality.
(3) The value of any property, real or personal, not covered under subsection (d)(1) or (2) hereof, and the value of services,
is the fair market value of such property or services. As used in this section "fair market value" is the money consideration
which a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and
the seller is willing to sell, that both are fully informed as to all facts material to the transaction and that neither is under
any compulsion to act.
(e) Without limitation on the evidence which may be used to establish the value of property or services involved in a theft
offense:
(1) When the property involved is personal property held for sale at wholesale or retail, the price at which such property
was held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no
closing price, the asked price, given in the latest market quotation prior to the offense, is prima-facie evidence of the value
of such security or commodity.
(3) When the property involved is livestock, poultry or raw agricultural products for which a local market price is
available, the latest local market price prior to the offense is prima-facie evidence of the value of such livestock, poultry or
product.
(4) When the property involved is a negotiable instrument, the face value is prima-facie evidence of the value of such
instrument.
(5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check or other instrument
entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property
covered by the instrument less any payment necessary to receive the property, is prima-facie evidence of the value of the
instrument.
(6) When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument
entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the
property or services which may be received thereby, is prima-facie evidence of the value of such instrument.
(7) When the services involved are gas, electricity, water, telephone, transportation, shipping or other services for which
the rate is established by law, the duly established rate is prima-facie evidence of the value of such services.
(8) When the services involved are services for which the rate is not established by law, and the offender has been notified
prior to the offense of the rate for such services, either in writing or orally, or by posting in a manner reasonably calculated
to come to the attention of potential offenders, the rate contained in such notice is prima-facie evidence of the value of
such services.
(RC 2913.61; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
625.04
Property Exceptions as Felony Offenses
Regardless of the value of the property involved, and regardless of whether the offender has previously been convicted of a
theft offense, the provisions of Section 625.05 or 625.21 do not apply if the property involved is any of the following:
(a) A credit card;
(b) A printed form for a check or other negotiable instrument, which on its face identifies the drawer or maker for whose
use it is designed or identifies the account on which it is to be drawn, and which has not been executed by the drawer or
maker or on which the amount is blank;
(c) A firearm or dangerous ordnance as defined in Section 627.01;
(d) A motor vehicle as defined in Section 4501.01 of the Revised Code or the proceeds of a motor vehicle insurance policy;
(e) A motor vehicle identification license plate as prescribed by Section 4503.22 of the Revised Code, a temporary license
placard or windshield sticker as prescribed by Section 4503.182 of the Revised Code, or any comparable license plate,
placard or sticker as prescribed by the applicable law of another state or the United States;
(f) A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle as prescribed by
Section 4505.07 of the Revised Code;
(g) A blank form for any license listed in Division (A) of Section 4507.01 of the Revised Code.
(h) Any dangerous drug.
(RC 2913.71; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.05
Petty Theft
(a) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over
either the property or services in any of the following ways:
(1) Without the consent of the owner or person authorized to give consent;
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation.
(b) This section shall not apply if the value of the property involved is five hundred dollars ($500.00) or more, or is any of
the property listed in Section 625.04.
(c) This section shall not apply if the victim of the offense is an elderly person or disabled adult.
(d) Whoever violates this section is guilty of petty theft, a misdemeanor of the first degree.
(RC 2913.02; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.06
Unauthorized Use of a Vehicle
(a) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat or other motor-propelled
vehicle without the consent of the owner or person authorized to give consent.
(b) The following are affirmative defenses to a charge under this section:
(1) At the time of the alleged offense, the actor, though mistaken, reasonably believed that he was authorized to use or
operate the property.
(2) At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent
would authorize the actor to use or operate the property.
(c) This section shall not apply if the offender removes the vehicle from this State or retains possession of it for more than
forty-eight hours.
(d) Whoever violates this section is guilty of unauthorized use of a vehicle, a misdemeanor of the first degree.
(RC 2913.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.07
Motor Vehicle Trespass
(a) No person by force, stealth or deception shall trespass in or attempt to trespass in a locked motor vehicle or any locked
compartment of any motor vehicle with purpose to commit any theft offense.
(b) No person shall knowingly enter into or upon a motor vehicle, motorcycle or other motor-propelled vehicle without the
consent of the owner or person authorized to give consent.
(c) Whoever violates this section is guilty of motor vehicle trespass. Violation of subsection (a) hereof is a misdemeanor of
the first degree, and violation of subsection (b) hereof is a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
625.08
Criminal Tools
(a) No person shall knowingly possess or have under his control any device, instrument or article listed herein, with
purpose to do any unlawful act:
(1) Bump key;
(2) Detached ignition switch;
(3) Jumper wire device;
(4) Key cutter;
(5) Slidehammer;
(6) Any other device, instrument or article commonly used, designed or specially adapted for criminal use.
(b) As used in this section:
(1) “Bump key” means a specially-cut key that is designed to defeat a pin tumbler lock using a technique in which the key
is inserted into the lock and struck or bumped with a hammer or other object to cause the pins in the tumbler to separate
to allow the lock to open.
(2) “Detached ignition switch” means any ignition cylinder capable of completing the electrical circuit in the ignition
system of an automobile.
(3) “Jumper wire device” means any electrical connecting device designed to complete the electrical circuit in the ignition
of an automobile.
(4) “Key cutter” means any key-making device capable of cutting or punching out keys.
(5) “Slidehammer” or “slaphammer” means a device with a movable weighted sleeve on a rod used to remove automobile
locks.
(c) Whoever violates this section is guilty of possession of criminal tools, a misdemeanor of the first degree.
(Ord. No. 1714-09. Passed 2-8-10, eff. 2-12-10)
625.09
Reserved
Note: Former Section 625.09 was repealed by Ord. No. 2823-89, passed 3-19-90, eff. 3-22-90. See RC 4549.042.
625.10
Unauthorized Use of Property
(a) No person shall knowingly use or operate the property of another without the consent of the owner or person
authorized to give consent.
(b) The affirmative defenses contained in division (b) of Section 625.06 are affirmative defenses to a charge under this
section.
(c) Whoever violates this section is guilty of unauthorized use of property. If the offense involves a violation of division (a)
of this section and does not involve any computer, computer system, computer network, computer software or data,
unauthorized use of property is a misdemeanor of the fourth degree.
(RC 2913.04; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
625.11
Passing Bad Checks
(a) No person, with purpose to defraud, shall issue, transfer or cause to be issued or transferred a check or other
negotiable instrument, knowing that it will be dishonored.
(b) For purposes of this section, a person who issues or transfers a check or negotiable instrument is presumed to know
that it will be dishonored, if either of the following occurs:
(1) The drawer had no account with the drawee at the time of issue or the stated date, whichever is later.
(2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment
within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, endorser or any party
who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
(c) For purposes of this section, a person who issues or transfers a check, bill of exchange, or other draft is presumed to
have the purpose to defraud if the drawer fails to comply with RC 1349.16 by doing any of the following when opening a
checking account intended for personal, family, or household purposes at a financial institution:
(1) Falsely stating that the drawer has not been issued a valid driver's or commercial driver's license or identification card
issued under Section 4507.50 of the Revised Code;
(2) Furnishing such license or card, or another identification document that contains false information;
(3) Making a false statement with respect to the drawer's current address or any additional relevant information
reasonably required by the financial institution.
(d) This section shall not apply if the check or other negotiable instrument is for payment of five hundred dollars
($500.00) or more.
(e) Whoever violates this section is guilty of passing bad checks, a misdemeanor of the first degree.
(RC 2913.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.12
Misuse of Credit Cards
(a) No person shall do any of the following:
(1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual
reliance thereon;
(2) Knowingly buy or sell a credit card from or to a person other than the issuer.
(b) No person, with purpose to defraud, shall do any of the following:
(1) Obtain control over a credit card as security for a debt;
(2) Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable
cause to believe that such card has expired or been revoked, or was obtained, is retained or is being used in violation of
law;
(3) Furnish property or services upon presentation of a credit card, knowing that such card is being used in violation of
law;
(4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished,
knowing that such representation is false.
(c) No person, with purpose to violate this section, shall receive, possess, control or dispose of a credit card.
(d) Divisions (b)(1) or (2) of this section shall not apply if the victim of the offense is an elderly person or disabled adult.
(e) Divisions (b) (1) or (2) of this section shall not apply if the debt for which the card is held as security or the cumulative
retail value of the property or services involved in the violations is more than five hundred dollars ($500.00).
(f) Divisions (b)(2), (3) or (4) of this section shall not apply if the cumulative retail value of the property and services
involved in one or more violations of divisions (b)(2), (3), or (4) of this section which violations involve one or more credit
card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is five
hundred dollars ($ 500.00) or more.
(g) Whoever violates this section is guilty of misuse of credit cards. Abuse of credit cards is a misdemeanor of the first
degree.
(RC 2913.21; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.13
Making or Using Slugs
(a) No person shall do any of the following:
(1) Insert or deposit a slug in a coin machine, with purpose to defraud;
(2) Make, possess or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin
machine.
(b) Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.
(RC 2913.33; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.14
Tampering with Coin Machines
(a) No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with or
insert any part of an instrument into any coin machine.
(b) Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree.
(RC 2911.32; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.15
Defrauding a Livery or Hostelry
(a) No person, with purpose to defraud or knowing that he is facilitating a fraud, shall do either of the following:
(1) Hire an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse or buggy, or keep or operate any
of the same which has been hired;
(2) Engage accommodations at a hotel, motel, inn, campground or other hostelry.
(b) It is prima-facie evidence of purpose to defraud if the offender does any of the following:
(1) Uses deception to induce the rental agency to furnish the offender with any of the property listed in subsection (a)(1)
hereof, or uses deception to induce the hostelry to furnish him with accommodations;
(2) Hires any of the property named in subsection (a)(1) hereof, or engages accommodations knowing he is without
sufficient means to pay the hire or rental;
(3) Absconds without paying the hire or rental;
(4) Knowingly fails to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for
such failure;
(5) Knowingly fails to return hired property as required by the contract of hire, without reasonable excuse for such failure.
(c) Whoever violates this section is guilty of defrauding a livery or hostelry, a misdemeanor of the first degree.
(RC 2913.41; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
625.16
Tampering With Records
(a) No person, knowing he has no privilege to do so, and with purpose to defraud or knowing that he is facilitating a fraud,
shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface or mutilate any writing data or record;
(2) Utter any writing or record, knowing it to have been tampered with as provided in division (a)(1) of this section.
(b) Whoever violates this section is guilty of tampering with records, a misdemeanor of the first degree, if the violation
does not involve data and if the writing or record is not a will unrevoked at the time of the offense or not a record kept by
or belonging to a governmental agency.
(RC 2913.42; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
625.17
Securing Writings by Deception
(a) No person, by deception, shall cause another to execute any writing which disposes of or encumbers property, or by
which a pecuniary obligation is incurred.
(b) This section shall not apply if the value of the property or the obligation involved is five hundred dollars ($500.00) or
more.
(c) This section shall not apply if the victim of the offense is an elderly person or disabled adult.
(d) Whoever violates this section is guilty of securing writings by deception, a misdemeanor of the first degree.
(RC 2913.43; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.18
Defrauding Creditors
(a) No person, with purpose to defraud one or more of his creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey or otherwise deal with any of his property;
(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his affairs or estate, the existence,
amount or location of any of his property, or any other information regarding such property which he is legally required to
furnish to the fiduciary.
(b) Whoever violates this section is guilty of defrauding creditors, a misdemeanor of the first degree.
(RC 2913.45; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.19
Deceptive Securities Publication
(a) No person, with purpose to deceive, shall make, publish, or cause to be made or published, a report of any transaction
in securities, when no such transaction has taken place.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.20
False Memorandum of Securities Purchase or Sale
(a) No person shall deliver any memorandum of purchase or sale of securities, knowing that such memorandum is false in
any material respect.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.21
Receiving Stolen Property
(a) No person shall receive, retain or dispose of property of another, knowing or having reasonable cause to believe it has
been obtained through commission of a theft offense.
(b) This section shall not apply if the value of the property involved is three hundred dollars ($300.00) or more, or is any
of the property listed in Section 625.04.
(c) Whoever violates this section is guilty of receiving stolen property, a misdemeanor of the first degree.
(RC 2913.51; Ord. No. 304-85. Passed 4-15-85, eff. 4-17-85)
625.22
Tampering with Manhole Covers
(a) No person, firm or corporation, except an authorized agent or employee of the City, or an authorized public utility
which has obtained permission from the City, shall wilfully in any manner displace, loosen, open or remove any manhole
cover, which is the property of the City, which has been placed in any street, alley, public way or public park.
(b) Whoever violates this section shall be guilty of a misdemeanor of the first degree.
(Ord. No. 907-A-74. Passed 7-8-74, eff. 7-9-74)
625.23
Possessing, Selling or Purchasing Manhole Covers
(a) No person, firm or corporation shall have in his possession or under his control, or receive, sell, purchase or otherwise
dispose of any manhole cover, which is the property of the City, without authority of the proper officials of the City, or
pursuant to any authorized sale by the City as provided by law, knowing or having reasonable cause to believe that it has
been obtained through the commission of an offense listed in Section 625.22.
(b) Whoever violates this section shall be guilty of a misdemeanor of the first degree.
(c) In addition to the fines and penalties herein imposed, the City may suspend or revoke any junk dealer or second-hand
dealer license, where the violation involves junk or second-hand dealers, pursuant to the authority contained in Section
676.12.
(Ord. No. 907-A-74. Passed 7-8-74, eff. 7-9-74)
625.24
Defrauding Library
(a) No person shall wilfully or negligently detain or fail to return to a public library any book, magazine, pamphlet,
manuscript, picture, clipping or other property belonging to such library, or pay the reasonable value thereof, within thirty
days from the date of the posting by registered mail of a notice addressed to such person at the last address furnished the
public library. Such notice may be given at any time after the date on which such person should have returned the loaned
property.
(b) No person shall give a fictitious or incorrect name or address at any public library in order to obtain possession or use
of any book, pamphlet, magazine, newspaper, clipping or picture, the property of such library, or practice any deceit to
conceal or mislead in respect to identity, address or place of employment.
(c) Whoever violates this section is guilty of defrauding a library, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
625.25
Defrauding Restaurants
(a) No person, with intent to defraud, shall obtain food in any restaurant or other eating place licensed by the City.
(b) Whoever violates this section is guilty of defrauding a restaurant, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
625.26
Defrauding Fire and Damage Victims
(a) No person, firm or corporation, or the employees or agents thereof, shall falsely identify himself in any manner to the
owner or tenant of any premises damaged by fire, hurricane, tornado or other disaster or accident as an officer or
employee of the City, or falsely represent in any manner to such owner or tenant the contents of laws of the State or the
Codified Ordinances of the City as an inducement to obtain the signature of such owner or tenant upon a contract for the
repair of the damaged premises.
(b) Whoever violates this section is guilty of defrauding fire and damage victims, a misdemeanor of the first degree.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
625.27
Trafficking In or Illegal Use of "WIC" Coupons
(a) Definitions. The following terms as used in this section are used as defined in the Ohio Administrative Code, Section
3701-42-01:
(1) "WIC program" means the special supplemental food program for women, infants, and children established under the
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, and administered in Ohio by the Ohio
Department of Health under RC 3701.132.
(2) "Coupon" means a document issued by the Ohio Department of Health that may be exchanged by a participant or
proxy for authorized foods at a WIC retail vendor store location.
(3) "Participant" means a pregnant, postpartum, or breastfeeding woman, or an infant or child who is receiving
supplemental foods or coupons under the WIC program, and the breastfed infants of participant breastfeeding women.
(4) "Proxy" means an individual who is designated as the parent, guardian, or alternate shopper and who is listed on the
"State of Ohio WIC Program Identification and Verification of Certification Coupon Holder" issued to the participant by
the Ohio Department of Health as being authorized to receive and negotiate coupons on behalf of the participant.
(5) "WIC retail vendor" or "vendor" means an individual or business entity that operates one or more grocery stores or
pharmacies and that is authorized to redeem coupons under a retail vendor contract executed under paragraph (f) of 7
C.F.R. 246.12 and paragraph (A) of Rule 3701-42-03 of the Ohio Administrative Code. (OAC 3701-42-01)
(b) No participant or proxy in the WIC program, or WIC retail vendor, or individual, shall knowingly possess, buy, sell,
use, alter, accept, or transfer WIC coupons in any manner not authorized by the "Child Nutrition Act of 1966," 80 Stat.
885, 42 U.S.C. Section 1786, as amended, and administered in Ohio by the Ohio Department of Health under RC 3701.132,
or by Chapter 3701-42 of the Ohio Administrative Code.
(c) No WIC retail vendor shall:
(1) Knowingly allow an employee to sell, transfer, or trade items or services, the purchase of which is prohibited by the
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, and administered in Ohio by the Ohio
Department of Health under RC 3701.132, or by Chapter 3701-42 of the Ohio Administrative Code;
(2) Negligently allow an employee to sell, transfer, or exchange WIC coupons in any manner unauthorized by 42 U.S.C.
Section 1786, as amended, and administered in Ohio under RC 3701.132, or by Chapter 3701-42 of the Ohio
Administrative Code.
(d) Whoever violates division (b) of this section is guilty of trafficking in WIC coupons, a misdemeanor of the first degree.
(e) Whoever violates division (c) of this section is guilty of illegal use of WIC coupons, a misdemeanor of the first degree.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
Note: Section 625.27 was enacted by Ord. No. 2213-92, passed 2-8-92, eff. 2-16-92.
Title I — General Offenses
Chapter 627 — Weapons and Explosives
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
License or permit to possess dangerous ordnance, RC 2923.18
Use of firearms in parks prohibited, CO 559.40
Use of firearms and explosives at airports restricted, CO 571.20
Reporting gunshot and stab wounds, CO 615.04
Property destruction by tear gas device, etc., CO 623.03
Handgun possession and sale, CO Ch 674
627.01
Definitions
As used in this chapter:
(a) "Deadly weapon" means any instrument, device or thing capable of inflicting death, and designed or specially adapted
for use as a weapon, or possessed, carried or used as a weapon.
(b)(1) "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an
explosive or combustible propellant or by pump action or by compressed gas. "Firearm" includes an unloaded firearm, and
any firearm which is inoperable but which can readily be rendered operable.
(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an
explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to,
the representations and actions of the individual exercising control over the firearm.
(c) "Handgun" means any firearm designed to be fired while being held in one hand.
(d) "Semi-automatic firearm" means any firearm designed or specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single function of the trigger.
(e) "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single
function of the trigger. "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire
more than thirty-one cartridges without reloading, other than a firearm chambering only .22 caliber short, long or longrifle cartridges.
(f) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than
sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.
(g) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's pistol, not designed as a firearm, but which is specially adapted for
use as a firearm;
(3) Any industrial tool, signalling device or safety device, not designed as a firearm, but which as designed is capable of use
as such, when possessed, carried or used as a firearm.
(h) "Explosive device" means any device designed or specially adapted to cause physical harm to persons or property by
means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device"
includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an
explosive charge, and any pressure vessel which has been knowingly tampered with or arranged so as to explode.
(i) "Incendiary device" means any firebomb, and any device designed or specially adapted to cause physical harm to
persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.
(j) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.
(k) "Dangerous ordnance" means any of the following, except as provided in division (l) of this section:
(1) Any automatic or sawed-off firearm, zipgun or ballistic knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and other high explosives; amatol, tritonal,
tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin,
gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder and other blasting
agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a
military explosive, or for use in mining, quarrying, excavating or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and
manufactured for military purposes, and the ammunition for that weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a
dangerous ordnance.
(l) "Dangerous ordnance" does not include any of the following:
(1) Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, which
employs a percussion cap or other obsolete ignition system, or which is designed and safe for use only with black powder;
(2) Any pistol, rifle or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as
modified, and the ammunition for that weapon, unless such firearm is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece which, regardless of its actual age, is of a type in accepted use prior to 1887, has no
mechanical, hydraulic, pneumatic or other system for absorbing recoil and returning the tube into battery without
displacing the carriage, and is designed and safe for use only with black powder;
(4) Black powder, priming quills and percussion caps possessed and lawfully used to fire a cannon of a type defined in
division (l)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and
smokeless and black powder, primers and percussion caps possessed and lawfully used as a propellant or ignition device
in small-arms or small-arms ammunition;
(5) Dangerous ordnance which is inoperable or inert and cannot readily be rendered operable or activated, and which is
kept as a trophy, souvenir, curio or museum piece.
(6) Any device which is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of
1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), and any amendments or additions thereto or reenactments thereof, and
regulations issued thereunder.
(RC 2923.11; Ord. No. 2031-01. Passed 5-6-02, eff. 5-6-02)
627.02
Carrying Concealed Weapons
(a) No person shall knowingly carry or have, concealed on his person or concealed ready at hand, any deadly weapon.
(b) This section does not apply to officers, agents or employees of this or any other state or the United States, or to law
enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their
duties.
(c) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than
dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the
following apply:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or
was going to or from the actor's lawful business or occupation, which business or occupation was of such character or was
necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal
attack, such as would justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a
lawful activity and had reasonable cause to fear a criminal attack upon the actor or a member of his family, or upon the
actor's home, such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.
(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and, if
the weapon was a firearm, was carried in compliance with the applicable requirements of division (c) of Section 627.04.
(d) This section shall not apply if:
(1) The offender has previously been convicted of a violation of this section or of any offense of violence as defined in
Section 601.01 or RC 2909.01;
(2) The weapon involved is a firearm which is either loaded or for which the offender has ammunition ready at hand;
(3) The weapon involved is dangerous ordnance:
(4) The weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has
been issued under Chapter 4303 of the Revised Code;
(5) The offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft,
regardless of the weapon involved;
(e) Notwithstanding the provisions of division (a) of Section 601.99, whoever violates this section is guilty of carrying
concealed weapons, a misdemeanor, and shall be fined one thousand dollars ($1,000) and imprisoned for six months.
No part of this sentence shall, in any case, be suspended or otherwise reduced except that any person convicted under this
section, if he is at the time of such conviction shown to be gainfully employed, shall be released each day from the
workhouse or other place of incarceration, to go to work, and shall at the conclusion of each such working day, during the
term of his sentence, promptly return to the workhouse or place of incarceration until his sentence has been served.
(Ord. 100-99. Passed 6-7-99, eff. 6-16-99)
627.03
Using Weapons While Intoxicated
(a) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous
ordnance.
(b) Notwithstanding the provisions of Sections 601.13 and 601.99(a), whoever violates this section is guilty of using
weapons while intoxicated, and shall be fined not less than three hundred dollars ($300.00) nor more than one thousand
dollars ($1,000), and imprisoned for not less than three days, nor more than six months. No part of this sentence shall, in
any case whatsoever, be suspended or otherwise reduced.
(RC 2923.15; Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.04
Improperly Handling Firearms in a Motor Vehicle
(a) No person shall knowingly discharge a firearm while in or on a motor vehicle.
(b) No person shall knowingly transport or have a loaded firearm in a motor vehicle, in such manner that the firearm is
accessible to the operator or any passenger without leaving the vehicle.
(c) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded, and is carried in one of
the following ways:
(1) In a closed package, box or case;
(2) In a compartment which can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not
stay open or which cannot easily be stripped, in plain sight.
(d) This section does not apply to officers, agents or employees of this or any other state or the United States, or to law
enforcement officers authorized to carry or have loaded or accessible firearms in motor vehicles, and acting within the
scope of their duties.
(e) The affirmative defenses contained in Section 627.02(c)(1) and (2) are affirmative defenses to a charge under
subsection (b) or (c) hereof.
(f) Notwithstanding the provisions of Sections 601.13 or 601.99(a), whoever violates this section is guilty of improperly
handling firearms in a motor vehicle, and shall be fined not less than three hundred dollars ($300.00), nor more than one
thousand dollars ($1,000), and imprisoned for not less than three days, nor more than six months. No part of this
sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(g) As used in this section, "unloaded" means, with respect to a firearm employing a percussion cap, flintlock or other
obsolete ignition system, when the weapon is uncapped, or when the priming charge is removed from the pan.
(RC 2923.16; Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.05
Failure to Secure Dangerous Ordnance
(a) No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper
precautions:
(1) To secure the dangerous ordnance against theft or against its acquisition or use by any unauthorized or incompetent
person;
(2) To insure the safety of persons and property.
(b) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree.
(RC 2923.19; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
627.06
Unlawful Transactions in Weapons
(a) No person shall:
(1) Manufacture, possess for sale, sell or furnish to any person other than a law enforcement agency for authorized use in
police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife or
spring-loaded weapon capable of propelling a knife or knifelike projectile, including, but not limited to, a ballistic knife
(sometimes referred to commonly as a KGB knife) or similar weapon and/or advanced martial arts weapons, including,
but not limited to shurikan (throwing star), nunchuck, sword, knife, staff, Tonfa, Kama, and Sai and/or other similar
weapons.
This paragraphs does not apply to the possession and/or use of advanced martial arts weapons on the premises of a
recognized martial arts school or during the time said weapons are being transported directly to or from said premises.
(2) As used in paragraph (a)(1) hereof, the following designated martial arts weapons are defined as follows:
(a) "Nunchuck"_two pieces of hardwood sticks, generally equal in size and weight, held together by a piece of string,
leather or chain.
(b) "Sword"_a weapon with a long blade for cutting or thrusting designed, manufactured or marketed as a martial arts
weapon.
(c) "Knife"_a weapon consisting of a single- or double-edged short blade for cutting or throwing and designed,
manufactured or marketed as a martial arts weapon.
(d) "Staff"_a hardwood stick the size of which can vary from two to six feet in length which can be used to strike, to block,
to jab, to hold and throw an opponent.
(e) "Tonfa"_a hardwood shaft which measures about 17 inches in length with a handle approximately 4 1/2 inches in
length affixed to the shaft.
(f) "Kama"_an instrument consisting of a handle with a long curved single-edged blade affixed at the end of the handle.
(g) "Sai"_a piece of steel or heavy metal that is approximately 12 inches in length with a pointed or blunted end and two
prongs that extend down from the blade to form a handle and a protection for strikes.
(3) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such
identification, license or permit showing him to be authorized to acquire dangerous ordnance pursuant to Section 627.05
or RC 2933.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record
to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
(4) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous
ordnance in such person's possession or under his control;
(5) Knowingly manufacture, possess for sale, sell, lend, give, acquire, furnish, purchase, own, possess, receive, have on or
about his person or use any handgun which does not contain a serial number or other numerical identification, or which
has had the serial number or other numerical identification obliterated. However, this prohibition shall not apply to any
person who is in possession of such a handgun on June 9, 1975, and who within a period of thirty days thereafter presents
such handgun to the Division of Police, which shall inscribe thereon a serial number according to a numbering system
established by the Chief of Police. In no case shall a person sell, transfer, give, deliver or furnish to another a handgun
which does not contain a serial number or other numerical identification or has had the serial number or other numerical
identification obliterated.
(b) Whoever violates this section is guilty of unlawful transactions in weapons. Violation of subsection (a)(1) or (3) hereof
is a misdemeanor of the second degree. Notwithstanding the provisions of Section 601.13 or 601.99(a), whoever violates
subsection (a)(4) hereof shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty
dollars ($250.00) and shall be imprisoned not more than thirty days. No part of the fine of this sentence shall, in any case,
whatsoever, be suspended or otherwise reduced. Notwithstanding the provisions of Section 601.13 or 601.99(a), whoever
violates subsection (a)(5) hereof shall be fined not less than three hundred dollars ($300.00), nor more than one thousand
dollars ($1,000) and imprisoned not less than three days, nor more than six months. No part of this sentence shall, in any
case whatsoever, be suspended or otherwise reduced.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
627.07
Reserved
Note: Former Section 627.07 was repealed by Ord. No. 483-75, passed 6-9-75, eff. 6-9-75.
627.08
Possession of Firearms by Minors
(a) No minor shall purchase, own, possess, receive, have on or about his person or use any firearm except pursuant to
Section 627.07(a)(3).
(b) A juvenile who violates this section shall be adjudged an unruly child, with such disposition of the case as may be
appropriate under RC Chapter 2151.
(Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.081
Prohibited Weapon Defined
For purposes of Section 627.082, a "prohibited weapon" is any weapon defined, described, or listed in any division of
Section 627.01 other than division (a) or (1) of that section, division (a) or (b) of Section 627.06, division (a) of Section
627.14, division (a) or (b) of Section 627.15, division (a) of Section 627.17, or division (a) of Section 627.18.
(Ord. No. 1130-92. Passed 5-11-92, eff. 5-15-92)
627.082
Prohibited Weapons on School Property; Duty to Notify Police
(a) Subject to division (b) of this section, any school official or employee who discovers a prohibited weapon, as defined in
Section 627.081, upon school grounds or in a school building shall immediately notify the Chief of Police or his designee
and request the assistance of the Division of Police.
(b) Division (a) of this section shall not apply:
(1) To any school official or employee who has personal knowledge that the notification required by division (a) has
already been given with respect to a particular discovery of a particular prohibited weapon; or
(2) When the prohibited weapon is in the possession of an officer, agent or employee of this or any other state or the
United States, members of the armed forces of the United States or the organized militia of this or any other state, or law
enforcement officers, as defined in division (k) of Section 601.01, to the extent that any such person is authorized to
possess a prohibited weapon and is acting within the scope of his or her duties.
(c) Any school official or employee who fails to comply with division (a) of this section is guilty of a misdemeanor of the
first degree.
(Ord. No. 1130-92. Passed 5-11-92, eff. 5-15-92)
627.09
Possessing Deadly Weapons on Public Property
(a) No person shall knowingly have in his possession or ready at hand any deadly weapon while on public property or in a
public building.
(b) For the purpose of this section, public property and public buildings shall include, but not be limited to parks,
playgrounds, beaches, marinas, courthouses, auditoriums, stadiums, office buildings, jails, storage areas and yards,
greenhouses, plants and works and any other property, building or structure owned, leased or rented by a governmental
unit, to schools, colleges, and other learning institutions, whether public, private or parochial, and to churches,
synagogues and other places of worship.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law
enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police
commissions, and acting within the scope of their duties, or if the deadly weapon was part of a public weapons display,
show or exhibition or was in the possession of a person participating in an organized match, competition or practice
session on public property, or in a public building.
(d) Notwithstanding the provisions of Sections 601.13 and 601.99(a), whoever violates this section is guilty of possessing
deadly weapons on public property, and shall be fined not less than three hundred dollars ($300.00), nor more than one
thousand dollars ($1,000), and imprisoned for not less than three days, nor more than six months. No part of this
sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.10
Possessing Certain Weapons at or About Public Places
(a) No person shall knowingly carry, have in his possession or ready at hand any handgun, BB gun, pellet gun, dangerous
ordnance, shotgun, rifle, knife having a blade two and one-half inches in length or longer, brass knuckles, cestus, billy,
karate stick, blackjack, sword or saber while at or about a public place.
(b) As used in this section, "public place" means any place to which the general public has access and a right to resort for
business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the
public. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and
any grounds, areas or parks where persons would congregate.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law
enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police
commissions, and acting within the scope of their duties.
(d) This section shall not apply if any weapon in division (a) of this section was part of a public weapon display, show or
exhibition, or was in the possession of a person participating in an organized match, competition or practice session.
(e) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from
possessing the weapon, and that the weapon was kept ready at hand by the actor for defense purposes, while he was
engaged in his lawful business or occupation, which business or occupation was of such character or at such a place as to
render the actor particularly susceptible to criminal attack, such as would justify a prudent man in having the weapon
ready at hand.
(f) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from
possessing a knife having a blade two and one-half inches in length or longer, and that either (i) the actor at the time was
engaged in a lawful business or pursuit and that business or pursuit requires a knife having a blade two and one-half
inches in length or longer as a tool of trade or pursuit, or (ii) the knife having a blade two and one-half inches in length or
longer was kept ready at hand by the actor for defense purposes, while he was engaged in his lawful business or
occupation, which business or occupation was of such character or at such a place as to render the actor particularly
susceptible to criminal attack, such as would justify a prudent man in having such a knife ready at hand.
(g) Notwithstanding the provisions of Section 601.13 and division (a) of Section 601.99, whoever violates this section is
guilty of possessing certain weapons on or about public places and shall be fined not less than three hundred dollars
($300.00), nor more than one thousand dollars ($1,000), and imprisoned for not less than three (3) days, nor more than
six (6) months. No part of this sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(Ord. No. 1361-01. Passed 8-15-01, eff. 8-24-01)
627.11
Seizure and Confiscation of Deadly Weapons
(a) In any situation where a deadly weapon is present and a person has been drinking or disturbing the peace, threatening
bodily harm or causing or threatening a disturbance or violence, and there is reasonable cause for the investigating police
officer to believe that such deadly weapon may be used to cause bodily harm, such deadly weapon may be seized by the
police and kept in the custody of the Chief of Police until released by an order of a court of competent jurisdiction.
(b) Any deadly weapon seized by a police officer upon the arrest of any person, firm or corporation charged with a
violation of any of the provisions of this chapter, or any felony or misdemeanor involving the use of a deadly weapon or the
use of force or violence or the threat of the use of force or violence against the person of another, shall be confiscated by
the Division of Police for disposal. However, any deadly weapon seized which has been reported stolen shall be returned to
the owner thereof, unless possession by the owner would constitute a violation of any provision of these Codified
Ordinances or of State or Federal law.
(Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.12
Voluntary Disposition of Handguns
(a) Any handgun, declared to be illegal under the provisions of Section 627.06(a)(4) may be disposed of by presenting the
handgun by the person owning or possessing the gun, at any district police station in the City of Cleveland, at the Central
Police Station or the Detective Bureau of the Division of Police.
(b) No person disposing of a handgun in the manner and at the places herein designated, shall be required to make any
written or oral statement or report concerning the handgun or the circumstances surrounding its acquisition, possession
or present or past ownership. Receipt can be made available upon request.
(Ord. No. 1522-75. Passed 6-16-75, eff. 6-19-75)
627.13
Reserved
Note: Former Section 627.13 was repealed by Ord. No. 3080-88, passed 12-17-90, eff. 12-21-90.
627.14
Sale of Long Bladed Pocket Knives
(a) No person shall give or sell a pocket knife having a blade of two and one-half inches in length or longer, without first
requiring a purchaser to properly identify himself and register in a book kept for such purpose giving his name, address
and age. The register shall be subject to inspection by any officer of the law upon demand.
(b) No person shall give, sell or exhibit for sale to a minor a knife having a blade two and one-half inches in length or
longer.
(c) Every person, firm or corporation dealing in the sale of knives shall post a copy of this section in a conspicuous place in
such place of business.
(d) Whoever violates this section is guilty of unlawful pocket knife sale, a misdemeanor of the third degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.15
Sale or Possession of Sling Shots and Pea Shooters
(a) No person shall carry on or about his person, sell or exhibit for sale a sling shot, commonly consisting of a forked stick
with an elastic band attached, or a piece of elastic such as rubber, with a bag attached for shooting of projectiles.
(b) No person shall carry on or about his person, sell or exhibit for sale a pea shooter, commonly consisting of a hollow
cylindrical object made of one or more materials through which an object may be propelled by blowing air through the
same.
(c) Whoever violates this section is guilty of unlawful sale or possession of sling shots or pea shooters, a minor
misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.16
Unlawful Display of Weapons
(a) No person, firm or corporation shall exhibit for sale in showcases or show windows any revolvers, daggers, stilettoes,
brass or iron knuckles and billies, or display any signs, posters, cartoons or display cards, suggesting the sale of such
weapons.
(b) Whoever violates this section is guilty of unlawful display of weapons, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.17
Possession or Use of Stench Bombs
(a) No person shall possess or use a tear gas device, stink bomb, smoke generator or other device releasing a substance
which is harmful or offensive to persons exposed or which tends to cause public alarm. This section does not apply to law
enforcement agents in the discharge of official duty.
(b) Whoever violates this section is guilty of unlawful possession or use of stench bombs, a misdemeanor of the first
degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.18
Tear Gas Guns
(a) No person not being a law enforcement officer acting in line of duty or a person engaged in repelling robbers, thieves,
murderers or other law violators in the defense and protection of his home or place of business, shall aim and discharge at
any person a weapon or device of any kind which impels by compressed air, spring release or other means a projectile
containing any liquid or gas which is dangerous to the safety or health of such person, or which otherwise discharges any
such liquid or gas upon the person of another.
(b) Whoever violates this section is guilty of unlawful tear gas gun use, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.19
Containers of Combustibles
(a) No person shall make, use, have on or about his person or under his control any device or container, having a
combustible material or substance which can be used as a means of igniting such device or container attached thereto as a
fuse and containing therein any flammable or combustible material or substance, which device or container can be used as
a firebomb by igniting the fuse or igniting the fuse and breaking the device or container by dropping, tossing or throwing
such device or container against or upon an object. However, this section does not apply to any person using, making or
having such device or container in his possession or under his control in the course of a legitimate business, employment
or occupation.
(b) Whoever violates this section is guilty of unlawful manufacture, possession or use of combustible container, a
misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.20
Discharging Firearms
(a) No person shall discharge any firearm except in self-defense or except a law enforcement agent in the discharge of
official duty.
(b) Whoever violates this section is guilty of unlawful firearm discharge, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.21
Jump Traps
(a) No person shall use or permit the use within the City of any steel jump animal trap or similar device with spring
activated jaws of the types commonly used for the trapping of fur bearing animals, which is capable of inflicting cruelty
upon dogs or cats or which constitutes a hazard to small children.
(b) Whoever violates this section is guilty of unlawful jump trap use, a misdemeanor of the third degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.22
Law Enforcement Officers Possessing or Using Nonissued Firearms on Duty
(a) No law enforcement officer of the City shall, while on duty, and in the course and scope of his duties, knowingly carry
or have in his possession or use any firearm, as defined in Section 627.01(b), other than a firearm lawfully issued or
authorized by the Department of Public Safety.
(b) The Division of Police shall confiscate and destroy the firearm of any person who is found guilty of violating this
section, and such person shall also be subject to disciplinary action under the rules of the Civil Service Commission and,
where applicable, to a violation of the rules and regulations of the Department of Public Safety.
(c) Notwithstanding the provisions of Sections 601.13 and 601.99, whoever violates this section is guilty of carrying,
possessing or using unauthorized firearms, and shall be fined not less than twenty-five dollars ($25.00) nor more than
fifty dollars ($50.00) for the first offense; and for each and every subsequent violation of this section, not less than two
hundred dollars ($200.00) nor more than one thousand dollars ($1,000) and imprisoned not less than thirty days nor
more than sixty days.
(Ord. No. 1656-75. Passed 5-17-76, eff. 5-24-76)
627.23
Facsimile Firearms
(a) (1) "Firearm" shall have the same meaning as used in Section 627.01(b) of this Chapter.
(2) "Replica or facsimile of a firearm" shall mean any device or object made of plastic, wood, metal or any other material
which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off
shotgun, rifle, machine gun, rocket launcher or any other firearm. As used in this section, "replica or facsimile of a
firearm" shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled),
starter pistols, air guns, inoperative firearms or any other device which might reasonably be perceived to be a real firearm.
(b) No person shall display, market for sale or sell any replica or facsimile of a firearm in the City. The provisions of this
subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other
design feature, cannot reasonably be perceived to be a real firearm.
(c) Except in self-defense, no person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a
firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy or with the intent to
commit an act which is a crime under the laws of the City, State or Federal government against any other person.
(d) No person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a
law enforcement officer, fire fighter, emergency medical technician or paramedic engaged in the performance of his or her
duties, when the person committing such brandishing knows or has reason to know that such law enforcement officer, fire
fighter, emergency medical technician or paramedic is engaged in the performance of his or her duties.
(e) (1) Whoever violates Section 627.23(b) is guilty of unlawful sale of a replica firearm, a misdemeanor of the third
degree.
(2) Whoever violates Section 627.23(c) is guilty of brandishing a replica firearm, a misdemeanor of the first degree.
(3) Whoever violates Section 627.23(d) is guilty of brandishing a replica firearm in the presence of a public safety officer, a
misdemeanor of the first degree.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
Title I — General Offenses
Chapter 627A — POSSESSION OF FIREARMS BY CHILDREN
Complete to June 30, 2010
627A.01
Definitions
For purposes of this chapter:
(a) “Firearms” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an
explosive or combustible propellant. “Firearm” includes an unloaded firearm, and any firearm that is inoperable but that
can readily be rendered operable.
(b) “Ammunition” means any ammunition cartridge, shell or other device containing explosive or incendiary material and
designed and intended for use in any firearm.
(c) “Child” means any person under the age of eighteen (18) years, and includes any person between the ages of eighteen
(18) and twenty-one (21) years who is of sufficient mental incompetence as to have had a legal guardian appointed by the
Probate Court. (RC 2923.11)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
627A.02
Access to Firearms
(a) Except as provided in division (b) of this section, no person, including but not limited to a parent or legal guardian,
shall store or leave a loaded or unloaded firearm in any place where the person knows, or reasonably should know based
on the totality of the circumstances, that a child is able to gain access to it.
(b) Division (a) of this section shall not apply when:
(1) A child's access to a firearm is under the supervision or control of a responsible adult for purposes of lawful hunting or
instruction in firearms safety, care, handling, or marksmanship;
(2) A child has access to a firearm as a result of an unlawful entry into the place in which the firearm was found;
(3) A child obtains a firearm in a lawful act of self-defense or defense of another person or persons within a domicile;
(4) A child who, without permission of the lawful possessor of a firearm, obtains the firearm from the possessor's body.
(Ord. No. 1130-92. Passed 5-11-92, eff. 5-15-92)
627A.03
Responsibility of Firearms Dealer
(a) When selling any firearm, a licensed firearms dealer shall offer to sell or give the purchaser a trigger lock or similar
device which prevents the firearm from discharging.
(b) At every purchase counter in every store, shop or sales outlet, licensed firearms dealers shall conspicuously post the
following warning in block letters not less than one inch (1″) in height: "IT IS UNLAWFUL TO STORE OR LEAVE A
FIREARM WHERE CHILDREN CAN OBTAIN ACCESS." The same warning shall be distributed to each firearm purchaser
at the time of the sale of a firearm.
(Ord. No. 1130-92. Passed 5-11-92, eff. 5-15-92)
627A.99
Penalties
(a) Whoever violates the provisions of Section 627A.02 shall be guilty of a misdemeanor of the first degree.
(b) Whoever violates the provisions of Section 627A.03 shall be guilty of a misdemeanor of the third degree.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
Title I — General Offenses
Chapter 628 — Possession or Sale of Assault Weapons Prohibited
Complete to June 30, 2010
628.01
Findings
The Council finds and declares that the proliferation and use of assault weapons is resulting in an ever-increasing wave of
violence in the City, especially because of an increase in drug trafficking and drug-related crimes, and poses a serious
threat to the health, safety, welfare and security of the citizens of Cleveland. The Council finds that the primary purpose of
assault weapons is anti-personnel and any civilian application or use of such weapons is merely incidental to such primary
anti-personnel purpose. The Council further finds that the function of this type of weapon is such that any use as a
recreational weapon is far outweighed by the threat that the weapon will cause injury and death to human beings.
Therefore, it is necessary to establish regulations to restrict the possession or sale of these weapons. It is not the intent of
the Council to place restrictions on the use of weapons which are primarily designed and intended for hunting, target
practice, or other legitimate sports or recreational activities.
(Ord. No. 2661-91. Passed 11-18-91, eff. 11-20-91)
628.02
Definitions
For the purpose of this chapter:
(a) “Assault weapon” means:
(1) any semiautomatic action, center fire rifle or carbine that accepts a detachable magazine with a capacity of 20 rounds
or more;
(2) any .50 caliber rifle;
(3) any semiautomatic shotgun with a magazine capacity of more than six rounds;
(4) any semi-automatic handgun that is:
A. a modification of a rifle described in division (a)(1) or division (a)(2), or a modification of an automatic firearm; or
B. originally designed to accept a detachable magazine with a capacity of more than 20 rounds;
(5) any firearm which may be restored to an operable assault weapon as defined in divisions (a)(1), (a)(2), (a)(3) or (a)(4);
(6) any part, or combination of parts, designed or intended to convert a firearm into an assault weapon as defined in
divisions (a)(1), (a)(2), (a)(3) or (a)(4), or any combination of parts from which an assault weapon as defined in divisions
(a)(1), (a)(2), (a)(3) or (a)(4), may be readily assembled if those parts are in the possession or under the control of the
same person.
(b) Assault weapon does not include any of the following:
(1) any firearm that uses .22 caliber rimfire ammunition with a detachable magazine with a capacity of 30 rounds or less.
(2) any assault weapon which has been modified to either render it permanently inoperable or to permanently make it a
device no longer defined as an assault weapon.
(3) any black powder muzzle loading rifle.
(4) any assault weapon the possession or sale of which constitutes a felony under the laws of the state of Ohio.
(c) “Automatic firearm” means any firearm designed or specially adapted to fire a succession of cartridges with a single
function of the trigger.
(d) “Deadly weapon” means any instrument, device or thing capable of inflicting death, and designed or specially adapted
for use as a weapon, or possessed, carried or used as a weapon.
(e) “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an
explosive or combustible propellant. “Firearm” includes an unloaded fire arm, and any firearm which is inoperable but
which can readily be rendered operable.
(f) “Handgun” means any firearm designed to be fired while being held in one hand.
(g) “Person” means any individual, corporation, company, association, firm, partnership, club or society, including
wholesale and retail gun dealers.
(h) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a
single projectile through a rifled bore for each single pull of the trigger.
(i) “Semiautomatic firearm” means any firearm designed or specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single function of the trigger.
(j) “Shotgun” means a firearm, whether or not it is intended to be fired from the shoulder, that is designed or redesigned,
made or remade, to fire a fixed shotgun shell.
(Ord. No. 105-05. Passed 7-12-06, eff. 7-14-06)
628.03
Unlawful Conduct
(a) No person shall sell, offer or display for sale, give, lend or transfer ownership of, acquire or possess any assault
weapon.
(b) This section shall not apply to any officer, agent, or employee of this or any other state or the United States, members
of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers as
defined in division (k) of Section 601.01, to the extent that any such person is authorized to acquire or possess an assault
weapon and is acting within the scope of his duties. Further, this section shall not apply to the transportation of firearms
through the City of Cleveland in accordance with federal law.
(Ord. No. 2661-91. Passed 11-18-91, eff. 11-20-91)
628.04
Seizure and Destruction of Assault Weapons
Any assault weapon is hereby declared to be contraband and shall be seized and disposed of in accordance with RC
2933.43.
(Ord. No. 2661-91. Passed 11-18-91, eff. 11-20-91)
628.99
Penalty
Whoever violates Section 628.03 is guilty of unlawful possession of an assault weapon, and shall be sentenced to six
months imprisonment and fined one thousand dollars ($1,000.00) and no part of said sentence shall be reduced in any
manner.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
Title I — General Offenses
Chapter 629 — Safety and Sanitation
Complete to June 30, 2010
CROSS REFERENCES
See sectional histories for similar State law.
Nuisances, RC Ch 3767
Adulterated or misbranded food, CO 241.22
Littering, CO Ch 613
Tampering with safety devices, CO 623.03
629.01
Venting of Heaters and Burners
(a) A brazier, salamander, space heater, room heater, furnace, water heater or other burner or heater using wood, coal,
coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide
or other harmful gases:
(1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used
with a flue or vent so designed, installed and maintained as to vent the products of combustion outdoors; except in
storage, factory, or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon
monoxide poisoning;
(2) When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed or structure in
which persons are temporarily present, shall be vented as provided in division (a)(1) of this section, or used with sufficient
ventilation to avoid the danger of carbon monoxide poisoning.
(b) This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue,
or hot plates, unless the same are used as space or room heaters.
(c) No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the
use of a burner or heater in violation of the standards for venting and ventilation provided in this section.
(d) Division (a) of this section does not apply to any kerosene-fired space or room heater that is equipped with an
automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater
that is equipped with an oxygen depletion safety shutoff system, and that has its fuel piped from a source outside of the
building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the
State Fire Code adopted by him under RC 3737.82.
(e) The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas or liquid petroleum
gas heaters exempted from division (a) of this section when used in assembly buildings, business buildings, high hazard
buildings, institutional buildings, mercantile buildings and type R-1 and R-2 residential buildings, as these groups of
buildings are defined in rules adopted by the Board of Building Standards under RC 3781.10. No person shall negligently
use, or, being the owner, person in charge or occupant of premises, negligently permit the use of a heater in violation of
any rules adopted under this division.
(f) The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation
requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas or liquid
petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas or liquid petroleum gas heater unless
the manufacturer provides with the heater written instructions that comply with any rules adopted under this division.
(g) No product labeled as a fuel additive for kerosene heaters and having a flash point below 100 degrees fahrenheit or
thirty-seven and eight-tenths degrees centigrade shall be sold, offered for sale or used in any kerosene space heater.
(h) No device that prohibits any safety feature on a kerosene, natural gas or liquid petroleum gas space heater from
operating shall be sold, offered for sale or used in connection with any kerosene, natural gas or liquid petroleum gas space
heater.
(i) No person shall sell or offer for sale any kerosene-fired, natural gas or liquid petroleum gas-fired heater that is not
exempt from division (a) of this section unless it is marked conspicuously by the manufacturer on the container with the
phrase "Not Approved For Home Use".
(j) No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any
building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him under RC 3737.82. (RC
3701.82)
(k) Whoever violates this section is guilty of a misdemeanor of the first degree.
(RC 3701.99(C); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
629.02
Abandoned Refrigerators and Airtight Containers
(a) No person shall abandon, discard or knowingly permit to remain on premises under his control, in a place accessible to
children, any abandoned or discarded icebox, refrigerator or other airtight or semiairtight container which has a capacity
of one and one-half cubic feet or more and an opening of fifty square inches or more and which has a door or lid equipped
with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment
harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined
therein. This section shall not apply to an icebox, refrigerator or other airtight or semiairtight container located in that
part of a building occupied by a dealer, warehouseman or repairman. (RC 3767.29)
(b) Whoever violates this section is guilty of abandoning, a misdemeanor of the fourth degree. (RC 3767.99(B))
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
629.03
Adulterating of or Furnishing Adulterated 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, needle, 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 subsection (a)(1) hereof. (RC
3716.11)
(b) Whoever violates this section is guilty of adulterating foods, a misdemeanor of the first degree.
(RC 3716.99(C); Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
629.04
Entertainment Distracting Traffic
(a) No owner or person in charge of any premises where entertainment is provided or public dancing is permitted shall
allow any person to entertain or perform or to dance in any area located within twenty-five feet of a public right of way
unless such area where the entertainment or performance or dancing is occurring is located or screened so that the
entertainers, performers or dancers are not visible to pedestrians or motorists using such public right of way.
(b) Whoever violates this section is guilty of permitting entertainment to distract traffic, a misdemeanor of the third
degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
629.05
Model Airplane Operation; Permit
(a) No person shall operate or cause to be operated, or permit the operation of any model aircraft equipped with a gas
engine in, over or upon any of the streets, highways or public places within the City. However, permits for the operation of
such model aircraft may be granted by the Commissioner of Recreation, which shall be limited to such portions of the
public parks as the Director of Public Properties shall designate and equip for such purposes. The permit shall be subject
to such rules and conditions as the Director imposes, and shall be subject to immediate revocation for violation of any
such rule or condition.
(b) Whoever violates this section is guilty of unlawful model airplane operation, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
629.06
Barbed Wire Fences—Repealed
Note: Former Section 629.06 was repealed by Ord. No. 1811-2000, passed 2-12-01, eff. 2-20-01.
629.07
Nonsmoking Areas in Places of Public Assembly
(a) As used in this section, “place of public assembly” means:
(1) Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are
confined as a matter of health care, including but not limited to a hospital room and a room in a residential care facility
serving as the residence of a person living in the residential care facility;
(2) All buildings and other enclosed structures owned by the State, its agencies or political subdivisions, including but not
limited to hospitals and State institutions for the mentally retarded and the mentally ill; university and college buildings,
except rooms within those buildings used primarily as the residence of students or other persons affiliated with the
university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a
building or other enclosed structure that is owned by the State, a State agency or a political subdivision and that is used
primarily as a food service establishment is not a place of public assembly;
(3) Each portion of a building or enclosed structure that is not included in subsection (a)(1) or (2) hereof is a place of
public assembly if it has a seating capacity of fifty or more persons and is available to the public. Restaurants, food service
establishments, dining rooms, cafes, cafeterias or other rooms used primarily for the service of food, as well as bowling
alleys and places licensed by the Department of Liquor Control to sell intoxicating beverages for consumption on the
premises, are not places of public assembly.
(b) For the purpose of separating persons who smoke from persons who do not smoke for the comfort and health of
persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall
be designated a no smoking area. Provided that, no more than one-half of the rooms in any health care facility in which
persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall
be made before the place of public assembly is made available to the public. In places included in division (a)(1) of this
section the local fire authority having jurisdiction shall designate the no smoking area. In places included in division (a)(2)
of this section that are owned by the Municipality, Council shall designate an officer who shall designate the area. In
places included in division (a)(3) of this section, the person having control of the operations of the place of public
assembly shall designate the no smoking area. In places included in division (a)(2) of this section which are also included
in division (a)(1) of this section, the officer who has authority to designate the area in places in division (a)(2) of this
section designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations
shall be made by the placement of signs clearly visible and that state “NO SMOKING”. No person shall remove signs from
areas designated as no smoking areas.
(c) No person shall smoke in any area designated as a no smoking area in accordance with division (b) of this section of
Section 3791.031 of the Revised Code.
(d) Whoever violates this section is guilty of a minor misdemeanor. (RC 3791.031)
(RC 3791.031; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
629.08
Distribution of Tobacco Products
(a) As used in this section, the following words and phrases shall have the meanings ascribed by this division.
(1) "Chewing tobacco" means any leaf tobacco that is not intended to be smoked.
(2) "Cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll
of tobacco which is a cigarette within the meaning of division (a)(3)B.
(3) "Cigarette" means:
A. Any roll of tobacco wrapped in paper or in any substance not containing tobacco, and
B. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco
used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by consumers as a cigarette
described in division (a)(3)A.
(4) "Pipe tobacco" means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and
likely to be offered to, or purchased by, consumers as tobacco to be smoked in a pipe.
(5) "Smokeless tobacco" means any snuff or chewing tobacco.
(6) "Snuff" means any finely cut, ground, or powdered tobacco that is not intended to be smoked.
(7) "Tobacco products" means cigars, cigarettes, smokeless tobacco, and pipe tobacco.
(b) No manufacturer, producer, distributor, wholesaler or retailer of tobacco products, or any agent, employee, or
representative of a manufacturer, producer, distributor, wholesaler or retailer of tobacco products shall distribute at no
charge tobacco products in or upon any sidewalk, street or public park.
(c) Whoever violates this section is guilty of distribution of tobacco products, a minor misdemeanor.
(Ord. No. 223-90. Passed 5-21-90, eff. 5-29-90)
Title I — General Offenses
Chapter 630 — Criminal Activity Nuisances
Complete to June 30, 2010
630.01
Criminal Activity Nuisances Declared
(a) Activities, as defined in any of the following Codified Ordinances, occurring on properties in the City, and engaged in
by an owner, occupant or invitee of the owner or occupant of the property, are declared to be nuisance activities. To be a
nuisance activity, a criminal conviction is not necessary. There must be probable cause to believe that the activity
occurred.
(1) Any animal violation under Sections 603.01 (Animals or Fowl at Large), 603.02 (Unmuzzled Dogs at Large), 603.04
(Dog Nuisances), 603.07 (Killing or Injuring Animals), 603.072 (Illegal Fights between Animals), 603.08 (Poisoning
Animals), 603.09 (Cruelty to Animals), 603.091 (Neglect of Animals), 603.11 (Large Cats), 603A.03 (Keeping an Exotic
Animal Without a Permit), 603A.08 (Care and Treatment of Exotic Animal Held Under Permit), 603A.14 (Facilities
Housing Reptiles), 603A.17 (Snakes in Multi-Family Residences Prohibited), 604.03 (Control of Vicious and Dangerous
Dogs) of the Codified Ordinances;
(2) Any disorderly conduct or disorderly activity violation under Sections 605.01 (Riot), 605.02 (Failure to Disperse),
605.03 (Disorderly Conduct; Intoxication), 605.05 (Misconduct at an Emergency), 605.06 (Inducing Panic), 605.07
(Making False Alarms), 605.071 (Making False Alarms), 605.10 (Unnecessary Noise), 605.14 (Minor's Curfew) of the
Codified Ordinances;
(3) Any drug abuse violation under Chapter 607 of the Codified Ordinances;
(4) Any family offense violation under Sections 609.04 (Endangering Children), 609.10 (Contributing to Unruliness or
Delinquency of a Child) of the Codified Ordinances;
(5) Any gambling violation under Chapter 611 of the Codified Ordinances;
(6) Any littering violation under Chapter 613 of the Codified Ordinances;
(7) Any liquor control violation under Sections 617.02 (Sales to and Use by Minors; Securing Public Accommodations),
617.021 (Purchase, Consumption or Possession by Minor; Misrepresentation), 617.03 (Sales to Intoxicated Persons),
617.05 (Permit Required), 617.06 (Printed Warnings to be Posted), 617.08 (Hours of Sale or Consumption), 617.09 (Bottle
Clubs) of the Codified Ordinances;
(8) Any obscenity and sex offenses violation under Sections 619.03 (Corruption of a Minor), 619.04 (Sexual Imposition),
619.05 (Importuning), 619.08 (Procuring), 619.09 (Soliciting), 619.10 (Prostitution), 619.12 (Disseminating Material
Harmful to Juveniles), 619.14 (Possession of Obscene Material Involving Minor), 619.15 (Possession of Sexually-Oriented
Material Involving Minor), 619.16 (Possession of Nudity-Oriented Material Involving Minor), 619.161 (Displaying Matter
Harmful to Juveniles), 619.17 (Prohibited Conduct) of the Codified Ordinances;
(9) Any offense against another person under Sections 621.03 (Assault), 621.031 (Assault by a Minor; Parental Duty
Imposed), 621.04 (Negligent Assault), 621.06 (Aggravated Menacing), 621.07 (Menacing), 621.08 (Unlawful Restraint),
621.09 (Coercion), 621.10 (Telephone Harassment), 621.11 (Threatening or Harassing Phone Calls), 621.14 (Hazing) of the
Codified Ordinances;
(10) Any offense against property under Sections 623.02 (Criminal Damaging or Endangering, 623.03 (Criminal Mischief)
of the Codified Ordinances;
(11) Any theft violation under Sections 625.05 (Petty Theft), 625.08 (Criminal Tools), 625.10 (Unauthorized Use of
Property), 625.21 (Receiving Stolen Property), 625.27 (Trafficking In or Illegal Use of “WIC” Coupons) of the Codified
Ordinances;
(12) Any weapons and explosives violation under Sections 627.03 (Using Weapons While Intoxicated), 627.05 (Failure to
Secure Dangerous Ordnance), 627.06 (Unlawful Transactions in Weapons), 627.08 (Possession of Firearms by Minors),
627.14 (Sale of Long Bladed Pocket Knives), 627.15 (Sale or Possession of Sling Shots and Pea Shooters), 627.16 (Unlawful
Display of Weapons), 627.17 (Possession or Use of Stench Bombs), 672.18 (Tear Gas Guns), 627.19 (Containers of
Combustibles), 627.20 (Discharging Firearms), 627.21 (Jump Traps), 627.23 (Facsimile Firearms) of the Codified
Ordinances;
(13) Any possession of firearms by children or possession or sale of assault weapons violation under Chapters 627A or 628
of the Codified Ordinances;
(14) Any handgun possession and sale violation under Chapter 674 of the Codified Ordinances;
(15) Any sound devices violation under Section 683.01 (Playing of Sound Devices Prohibited) of the Codified Ordinances;
(16) Any massage establishment violation under Chapter 683A of the Codified Ordinances;
(17) Any explosives violation under Chapter 387 of the Codified Ordinances;
(18) Any open burning violation under Section 277.09 of the Codified Ordinances.
(b) When three or more nuisance activities as defined in division (a) occur on separate occasions on the same property
within any thirty (30) day period, the Director of Public Safety, or his or her designee, may declare the premises to be a
nuisance property and may abate the nuisance as provided in Section 630.02.
(Ord. No. 141-09. Passed 3-30-09, eff. 4-2-09)
630.02
Action to Abate Nuisances; Costs of Enforcement
(a) Notice of Declaration of Nuisance. The Director of Public Safety or his or her designee, upon finding that three (3) or
more nuisance activities as defined in Section 630.01 have occurred on separate occasions within any sixty (60) day period
on the same property, may cause a written notice and order to be served on the owner of the property declaring that the
property is a nuisance property. This notice and order shall identify the nuisance activities, and the estimated costs to
abate any future nuisance activity; shall state that the owner may avoid being charged the costs of abatement by taking
steps to prevent any further nuisance activity as set forth in division (d) of this Section; and shall state the appeal process.
The notice shall further state that if a fourth or subsequent nuisance activity as defined in Section 630.01 occurs later than
thirteen (13) days after the date of the written nuisance declaration notice and within twelve (12) months of the date of the
third or any subsequent nuisance activity, the City may abate the nuisance by responding to the activities using
administrative and law enforcement actions, and the costs of the abatement shall be charged to the owner of the nuisance
property and may be certified as a lien on the nuisance property. Notice shall be deemed properly delivered by delivering it
personally to the owner or leaving it at the owner's usual place of business or residence, or by mailing it to the owner, or, if
it cannot be served in any of the other ways mentioned above, by publishing it once in a newspaper of general circulation
within the City, or by posting it in a conspicuous place on the real estate involved.
(b) Abatement. If the Director of Public Safety or his or her designee determines that a fourth or subsequent nuisance
activity as defined in Section 630.01 occurs later than thirteen (13) days after the date of the initial written nuisance
declaration notice and within twelve (12) months after the date of the third or any subsequent nuisance activity, the City
may abate the nuisance activity by using administrative and law enforcement actions, and the costs of the abatement shall
be charged to the owner of the property and, if not paid, may be certified by the Commissioner of Assessments and
Licenses to the County Auditor to be placed on the nuisance property as a lien to be collected as other taxes and returned
to the City. The cost to abate the nuisance activity shall be calculated as set forth in division (c). The City shall provide
notice to the owner of the nuisance property of the City's decision to charge the cost of abatement. If the costs are not paid
by the owner, the City shall notify the owner at least thirty (30) days before the costs are certified to the County Auditor.
The notice shall contain a street address or legal description of the property, a description of the nuisance activities and
the cost to abate. Notices shall be served as set forth in division (a) of this section. The Director of Law may take any other
action necessary to collect the costs of abatement.
(c) Costs of Abatement. Costs of abatement shall be determined based on the time required to respond to the nuisance
activity multiplied by an hourly rate based upon the wages and benefits of a police officer, dispatch costs, vehicle and
equipment costs, and supervisory and administrative costs. The hourly rate may be adjusted based on the number of
police officers required to abate the nuisance.
(d) Nuisance Abatement Plan. The owner of a nuisance property may avoid being charged the cost of abating future
nuisances if the owner meets with the Director of Public Safety or his or her designee; presents a plan to prevent further
nuisance activity and that plan is approved by the Director of Public Safety or his or her designee; and implements the
plan.
(e) Appeal. The owner of a nuisance property who receives a notice declaring the owner's property to be a nuisance
property, a notice charging the cost of abating nuisance activity, or a notice that the cost of abatement shall be certified to
the County Auditor, may appeal the notice by submitting a written request to the City official who issued the notice within
ten (10) days of the date of the notice. If, after a decision on that appeal, the owner disagrees with the decision, the owner
may appeal the decision of the City official to the Board of Zoning Appeals. An appeal to the Board of Zoning Appeals shall
be made within fifteen (15) days of the postmark date of the decision from the City official denying the appeal. The Board
shall conduct a hearing and render a decision in accordance with City ordinances and regulations governing its conduct
and procedure. An appeal to the Board of Zoning Appeals shall not stay any actions by the City to abate any subsequent
nuisance activity. In an appeal to the Board of Zoning Appeals of a nuisance declaration notice, the City must show by a
preponderance of the evidence that there was probable cause to believe that each nuisance activity stated in the notice
being appealed has occurred, and that the declaration of the property as a nuisance property is justified. In an appeal to
the Board of Zoning Appeals of a notice charging the cost of abating nuisance activity, or a notice that the cost of
abatement shall be certified to the County Auditor, the City must show by a preponderance of the evidence that the
charging of abatement costs or the certification of abatement costs is justified. The owner may prevail on appeal of any
notice if the owner demonstrates by a preponderance of the evidence that:
(1) He or she was not the owner at the time of any of the nuisance activity that is the basis of the notice; or
(2) He or she had knowledge of the nuisance activity, but promptly and vigorously took all actions necessary to abate the
nuisance activity including, without limitation, compliance with the requirements of division (C) of Section 5321.17 and
division (A)(9) of Section 5321.04 of the Revised Code; or
(3) He or she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of
the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he or she
promptly took all actions necessary to abate the nuisance including, without limitation, compliance with the requirements
of division (C) of Section 5321.17 and division (A)(9) of Section 5321.04 of the Revised Code.
(Ord. No. 141-09. Passed 3-30-09, eff. 4-2-09)
630.03
Failure to Abate Nuisance Activity
(a) Whenever a property owner has been billed on three (3) or more separate dates within a two-year time period for the
cost to abate nuisance activity under this Chapter, the Director of Public Safety, or his or her designee, shall notify the
property owner that he or she may be issued a criminal citation for a misdemeanor of the second degree thirty (30) days
after the third bill is issued.
(b) No property owner shall fall to abate nuisance activity within thirty (30) days after the third bill within a two-year time
period for the cost to abate nuisance activity under this Chapter.
(c) Whoever violates this section is guilty of failure to abate nuisance activity, a misdemeanor of the second degree.
(Ord. No. 141-09. Passed 3-30-09, eff. 4-2-09)
630.04
Other Legal Actions Not Affected
The declaration of a nuisance property, an order to abate a nuisance, or the charging or assessment of costs by the City on
a property under this chapter, do not affect or limit the City's right or authority to bring criminal prosecution or other legal
action against any person for violation of the City's ordinances, including legal action brought under Sections 619.24 and
619.25 of the Codified Ordinances.
(Ord. No. 141-09. Passed 3-30-09, eff. 4-2-09)
630.05
Severability
If any clause, sentence, paragraph or part of this chapter, or its application to any person or circumstance, shall for any
reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or Invalidate
the remainder of this Chapter nor the application of such clause, sentence, paragraph or part to other persons or
circumstances but shall be confined in its operation to the clause, sentence, paragraph or part and to the persons or
circumstances directly involved in the controversy in which such judgment shall have been rendered. It is declared to be
the legislative intent that this Chapter would have been adopted had such provisions not been included or such persons or
circumstances been expressly excluded from their coverage.
(Ord. No. 141-09. Passed 3-30-09, eff. 4-2-09)
Title I — General Offenses
Chapter 631 — Railroads
Complete to June 30, 2010
Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance
No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
See sectional histories for similar State law.
Lighting railroads, RC 723.33 et seq.
Power to regulate train speed, RC 723.48
Locomotive air contaminant emissions regulated, CO 265.01
Driving across grade crossing, CO 431.39, 439.06
Stopping at grade crossing, CO 431.40
Vehicular homicide, CO 621.02
Criminal mischief, CO 623.03
631.01
Maximum Speed; Crossing Safety Protection
No person shall move any locomotive or railroad car over a street crossing within the limits of the City at a speed greater
than thirty-five miles per hour, unless such crossings are protected by safety gates or warning devices, such as electrically
operated wig-wag or flash signals provided with red signal lights. Crossings protected by gates shall be properly attended
by competent persons to operate the gates, and all such gates, devices, signals and attendants shall be to the satisfaction of
the Director of Public Service. Wig-wag or flash signals may be substituted for safety glass at existing crossings when
authority and consent therefor have been obtained from the Ohio Public Utilities Commission. In no event shall any
person move any locomotive or car at a speed greater than thirty-five miles per hour at any point where the track is
parallel and abutting or through any street. No person shall run any railroad locomotive or engine or switching engine
within the limits of the City, with or without cars attached, at a speed greater than thirty-five miles per hour.
(Ord. No. 87724. Passed 7-29-29)
631.02
Engines Emitting Smoke or Steam
On and after January 1, 1932, no railway or railroad company or corporation shall operate trains within the limits of the
City by the use of locomotive engines propelled by steam power, or by the use of any other power producing machine or
device which emits smoke or steam.
(Ord. No. 87724. Passed 7-29-29)
631.03
Nonobservance of Signals or Gates
Whenever a signal has been given to let down the gates or other contrivances located at the crossing of any street by a
steam railway track in the City, or whenever gates or contrivances are in fact down for the approach of any engine, train or
handcar which is crossing or about to cross any such street, no person shall go or stand within the enclosure made by such
gates or contrivances so let down or about to be let down, and nor shall any person ride, push, draw, back, lift, place or
drive any horse, cart, wagon, velocipede, bicycle or other vehicle within the enclosure made as aforesaid, or upon or
against the gates or contrivances after such signal has been given or the gates or contrivances are in the act of being let
down, or are in fact down.
631.04
Minimum Distance from Track after Warning
Whenever a warning or protective device, such as electrically operated wig-wag or flash signals located at the crossing of
any street by steam railway tracks in the City, is in operation, no person shall go or stand within ten feet of the nearest rail
of the tracks or ride, push, draw, back, lift, place or drive any horse, cart, vehicle, velocipede, bicycle, automobile or other
vehicle within ten feet of the nearest rail.
(Ord. No. 87724. Passed 7-29-29)
631.05
Use of Bell on Locomotive
Every railroad company having the ownership or control of any locomotive running within the City limits, shall furnish
such locomotive with a bell. Any engineer or other person having in charge a locomotive running within the City limits
shall have the bell rung, while running between the Cuyahoga River and any railroad depot north of Front Street, or while
crossing any of the streets or alleys of the City, which streets or alleys are used by vehicles or pedestrians.
631.06
Unnecessary Obstruction of Streets
employ of any railroad company shall permit any locomotive car or train of cars, to stand on any street, lane or alley of the
City, for a period of time longer than five (5) minutes when such street, lane or alley is at a railroad crossing used by
vehicles or pedestrians, except that they may be permitted to stand on the northerly half of Front Street. No railroad
company shall keep standing on any track or sidetrack, empty or loaded cars or engine, nearer than fifty feet from the
nearest side line of streets so crossed by railroad company tracks. However, this requirement shall not interfere with the
necessary stoppage when attached to an engine engaged in the actual work of switching cars and making up and dividing
trains and the handling of freight therein, nor with such cars of engines when unloading or loading passengers, freight,
fuel or water at any established place of business, fuel stand or water tank.
(b) No railroad company, conductor, engineer or other person in the employ of any railroad company shall obstruct, or
permit to be obstructed, a public street, road or highway or a private road used as the primary means of ingress and egress
by a landowner or business enterprise by permitting a railroad car, locomotive, or other obstruction to remain upon or
across it for a continuous period of more than twenty-five (25) minutes.
(c) No railroad company, conductor, engineer or other person in the employ of any railroad company shall permit any
locomotive to stand for longer than thirty (30) minutes within one hundred (100) feet of the property line of any
residential parcel while its engine is running or idling.
(d) This section does not apply to obstruction of a public street, road, or highway by a continuously moving through train
or when the obstruction is caused by circumstances wholly beyond the control of the railroad company, but does apply to
other obstructions, including without limitation those caused by stopped trains and trains engaged in switching, loading
or unloading operations.
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)
631.07
Operation on Drawbridges
No person in charge of any train of cars, part of a train, car or locomotive shall permit the same to remain stationary upon
any drawbridge, or upon any device or appliance controlling or affecting the opening or closing of any such bridge. No
such train of cars, part of a train, car or locomotive shall, while crossing such bridge, or passing over or upon any such
device or appliance aforesaid, be permitted to come to a stop unless necessary. Whenever in such case any such train of
cars or part of a train, car or locomotive for any reason cannot continue in a forward direction across and off such bridge,
device or appliance, such train of cars, part of a train, car or locomotive shall be immediately backed off of such bridge,
device or appliance; and provided further, that after the proper signals for the opening of any such bridge have been given,
no more than one train of cars, part of a train, car or locomotive going in the same direction shall be passed over any such
bridge, device or appliance, until such bridge, device or appliance has been moved and returned to its position.
631.08
Rules and Regulations for Railroads
All railroad companies having a track or tracks within the City, together with their employees, shall be governed by the
following rules and regulations:
(a) No locomotive, car or train of cars shall cross or enter upon any street within the City limits at a greater speed than
thirty-five miles an hour, nor at a less rate of speed than three miles per hour;
(b) No train of cars shall cross any of the streets within the City without sufficient motive power attached, to start and stop
the train without delay, nor shall any train of cars or locomotive be stopped across the streets, except as provided in
Section 631.06. When any train or cars shall, by unavoidable accident, be stopped across any street, the train shall be at
once cut, so as to clear the crossing;
(c) No engine shall run across any street with open cylinder cocks, nor shall cylinder cocks be opened while any engine is
on a street;
(d) After one locomotive, train of cars or section of a train, has crossed any street, no other locomotive or cars shall be
permitted to cross until all detained persons have had full time to cross, as may be determined by the police in the
neighborhood;
(e) Safety gates shall not be lowered nor protective devices placed in operation, nor flags, targets or lights exhibited upon
crossings until the approaching train has arrived within 2,500 feet of the crossing; provided that such gates shall be
lowered or protective devices put in operation before the engine or train reaches a point 1,000 feet from the nearest side
line of the street or crossing;
(f) All locomotives operated within the limits of the City shall be equipped as necessary with screens or other devices
sufficient to prevent the escape of sparks from the engine.
(Ord. No. 89178. Passed 2-17-30)
631.09
Installation of Automatic Gates and Flash Signals
(a) Each of the following railroad companies, their successors and assigns shall install and maintain at their own cost and
expense proper automatic gates or flash signals, or both, at the crossings of such railroad companies, and the streets and
avenues as herein set forth, all to the satisfaction of the Director of Public Safety:
(1) Penn Central Railroad:
E. 38th St.
E. 40th St.
E. 49th St.
E. 53rd St.
Marquette Ave. and E. 70th St.
E. 72nd St.
E. 99th St.
Fischer Rd.
Coit Rd.
Eddy Rd.
Lakewood Heights Blvd.
Puritas Ave.
Puritas Springs Rd.
W. 140th St.
W. 150th St.
(2) Norfolk and Western Railroad Company:
Broadway Ave.
E. 75th St.
Jennings Rd.
(3) Erie-Lackawanna Railroad Company:
E. 65th St.
E. 116th St.
Lee Rd.
Columbus Rd.
(4) Nickel Plate Railroad Company:
W. 110th St.
W. 117th St.
(5) Baltimore and Ohio Railroad Company:
Jennings Rd.
(b) The Director shall see that the requirements of this section are fully complied with. Upon failure of any of the foregoing
railroad companies to comply with the provisions contained herein within thirty days after notice thereof, the Director is
hereby authorized to install or order the same done and charge the cost thereof, as well as the cost of maintenance, to such
company. Such cost shall be made a lien upon the property of the company as provided by law.
(Ord. No. 1132-46. Passed 6-10-46)
631.10
Enforcement
All police officers are authorized and shall enforce the rules and regulations contained in this chapter.
631.11
Crossing Signs
Each railroad company whose track is located within the limits of the City, shall place at the crossings of all streets
designated by the Director of Public Service, and within thirty days after receiving notice to that effect from the Director, a
conspicuous painted sign, calling attention to the passing of cars and locomotives while the bell is ringing.
631.12
Occupied Streets to be Cleaned by Railroads
All railroad companies occupying in whole or in part any street within the limits of the City, are required to clean all such
streets so occupied at least three times per year, or more often if required by the Director of Public Service. Upon failure of
any railroad company to comply with this section, the Commissioner of Streets is hereby authorized to clean any street so
occupied, at such company's expense.
631.13
Permit to Establish Crossings
For the construction of tracks crossing any street by any railroad company, the permission to cross such street as granted
by the City shall conform to the requirements and conditions contained in this chapter, and such other conditions as
Council may impose.
631.14
Roadway Maintenance near Tracks
Every railroad company to which a permit has been issued to occupy or cross any street by its tracks shall be required to
maintain the area of such street so occupied or crossed, including a space one foot beyond each rail or the outer rail in case
of more than one track, in a state of repair equal to that maintained upon the street in the vicinity of such tracks. Upon
failure to undertake to make any repairs ordered in writing by the Director of Public Service, within ten days after receipt
of such notice by any railroad company, the Director shall cause such repairs to be made forthwith at the expense of the
railroad company.
(Ord. No. 2479-45. Passed 12-17-45)
631.15
Notice; Removal of Tracks
Every railroad company to which a permit has been issued to occupy or cross any street by its tracks, upon written notice
from the Director of Public Service, pursuant to an ordinance or resolution of Council that such permit has been revoked,
shall proceed within ten days thereafter to undertake to remove such tracks. Upon failure to do so, the Director shall
forthwith proceed with the removal of the tracks at the expense of the railroad company.
(Ord. No. 2479-45. Passed 12-17-45)
631.16
Lighting Crossings at Grade
Any railroad company operating within the City within twenty days after service of notice as provided for in Section
631.19, shall light that portion of its railroad where the same intersects public streets or thoroughfares at grade.
(Ord. No. 307-A-44. Passed 10-2-44)
631.17
Manner and Time of Lighting
The manner of lighting shall be by electric street lights, consisting of the installation of proper wiring, standards,
luminaries and lamp sizes of the ordinary kind maintained by the Bureau of Street Lighting at the particular locations, or
such deviation therefrom as may be requested by the railroad company and consented to by the Director of Public
Properties. The lights shall be kept lighted during all of the hours provided in the City schedule for lighting public street
lights.
(Ord. No. 307-A-44. Passed 10-2-44)
631.18
Lighting of Bridges, Structures and Underpasses
If, as a result of elimination of a crossing at grade, the contract between the City and the railroad company provides for
lighting the underpass, bridge or other structure resulting from such grade elimination, the railroad company shall
maintain such lighting as provided in Section 631.17 and in accordance with such contract. Every contract hereafter made
for the elimination of grade crossings shall contain a provision requiring the railroad company to light, at its own expense,
all underpasses, bridges and structures resulting from the elimination of such crossing at grade.
(Ord. No. 307-A-44. Passed 10-2-44)
631.19
Notice to Install Lights
If any railroad company operating within the City fails to provide the lights provided for herein within twenty days from
written notice thereof, then the Director of Public Properties shall install the lights or order the same done and charge the
cost thereof to such company. Such cost shall be made a lien upon the property of the company as provided by law.
(Ord. No. 307-A-44. Passed 10-2-44)
631.20
Evidence of Compliance with Lighting Regulations
As evidence of compliance, any railroad company operating within the City shall cause to be filed with the Director of
Public Properties, a copy of each and every contract, duly authenticated, made for the lighting of crossings at grade,
underpasses, bridges and other structures within the City, and shall submit such other and additional proof that provision
has been made therefor as the Director may require.
(Ord. No. 307-A-44. Passed 10-2-44)
631.21
Conditions when Railroad Relieved of Lighting Requirements
The Director of Public Properties may, upon written petition, exonerate a railroad company from the necessity of
complying with the provisions of Sections 631.16 to 631.18, if the volume of travel over the crossing or the presence of the
bridge or crossing does not constitute a substantial hazard to the general public, or when lighting or additional lighting
will not promote the safety of the general public. Nothing herein shall authorize the Director to relieve the railroad
company from the duty to light where a grade crossing has been eliminated and the lighting thereof provided for by
contract.
(Ord. No. 307-A-44. Passed 10-2-44)
631.22
Crossings Regulated
No person, firm or corporation shall construct, maintain or use any railroad or switch track, in, on or across any street,
alley or other public way of the City, except in compliance with the requirements of Sections 631.22 to 631.25. However,
such sections shall not be held to apply to any street railroad tracks included within the terms of any franchise to which
the City is a party.
(Ord. No. 76084. Passed 11-23-26)
631.23
Railroad or Switch Track Construction Permit Application and Fee
Every person, firm or corporation desiring to construct, maintain or operate any railroad or switch track in, on or across
any street, alley or other public way shall file an application with the Director of Public Service, setting forth the place or
places at which it is desired to construct such railroad tracks, the number of tracks to be laid, the period of time during
which it is desired to maintain such tracks and such other information as may be required by the Director. Such
application shall be accompanied by a drawing, in triplicate, showing the proposed construction to the satisfaction of the
Director. Each application shall be accompanied by a fee of fifty dollars ($50.00). This section shall not be construed to
require the filing of plans and the payment of fees for permanent railroad and switch tracks existing at the time of its
enactment.
(Ord. No. 76084. Passed 11-23-26)
631.24
Permit for More than One Year Granted by Ordinance; Bond
No permit for the construction, maintenance or use of any railroad or switch track in, on or across any street, alley or
other public way shall be granted for longer than one year except by ordinance, particularly describing the streets, alleys or
other public ways to be occupied thereunder, setting forth terms and conditions of such permit, including provisions for
its forfeiture or revocation in case of switch tracks or temporary tracks, if any bond is to be required, fixing the amount
and conditions of bond to be given to secure the maintenance and safe operation of such tracks and the restoration of the
street upon the termination of the permit, and to indemnify the City against any loss by reason of the construction,
maintenance or operation of such railroad or switch track.
(Ord. No. 76084. Passed 11-23-26)
631.25
Permit for Temporary Use; Bond
When the application provided for in Section 631.23 is for temporary use of a street, alley or other public way, by
constructing, maintaining and using a railroad or switch track in, on or across the same for a period of not more than one
year, the Director of Public Service may issue a permit therefor, subject to such conditions and specifications in the
interest of the public safety and convenience as he shall in each instance deem necessary. Each permit shall be subject to
forfeiture or revocation at any time by the Director of Public Service, either by reason of any violation of its terms or of
other considerations in the public interest. No permit shall be issued until the applicant has filed with the City a proper
bond, signed by a surety company authorized to do business in the State, approved by the Director of Law, and
conditioned to save the City harmless from any claims for damages to person or property by reason of the construction,
maintenance or operation of such railroad or switch tracks, and indemnifying the City for any costs incurred by it in the
maintenance of any part of the street, alley or other public way occupied by such railroad or switch tracks, and for the cost
of restoring such street, alley or other public way to the satisfaction of the Director of Public Service, upon the termination
of such permit, in such amount not less than ten thousand dollars ($10,000) as the Director of Public Service estimates
and requires. The Director of Public Service may at any time increase the amount of the bond so required, and if such
increase is not furnished within a reasonable time, he shall thereupon revoke such permit. Any permit granted for a period
of less than one year may be extended by the Director of Public Service for a period ending not more than one year from its
original issuance, without additional fees. Any temporary permit, the purposes of which have not been completed within
one year from its original issuance, may upon the payment by the applicant of fees as on the original application, be
renewed once and no more, for an additional period of not more than one year, by the Director of Public Service.
(Ord. No. 76084. Passed 11-23-26)
631.26
Crossing Frogs
Where any steam railroad and street railroad cross each other at grade, the persons or companies operating the same
shall, at their joint expense, put in crossing frogs of the most improved pattern and keep the same in good condition. A
violator, in default of so doing after twenty days' notice in writing on the order of the Director of Public Service, shall be
subject to the penalties provided in Section 631.99(h).
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)
631.27
Failure to Pay Fine
No railroad company shall fail to pay a fine imposed pursuant to a violation of division (b) of Section 631.06 within one
hundred twenty (120) days of the date set by the court for the payment of the fine. Each additional day beyond the one
hundred twentieth day of failure to pay a fine imposed under that section is a separate offense.
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)
631.99
Penalty
(a) Whoever violates Section 631.02 shall be fined five hundred dollars ($500.00). The employee or agent of any
corporation or company in charge of any locomotive or other device operated in violation of Section 631.02 shall be
subject to a like fine.
(b) Whoever violates Section 631.03 or 631.04 shall be guilty of a misdemeanor and fined not less than one hundred
dollars ($100.00) nor more than two hundred and fifty dollars ($250.00).
(c) Whoever violates division (a) of Section 631.06 or Section 631.07 shall be fined not more than one hundred dollars
($100.00).
(d) Whoever violates division (b) or division (c) of Section 631.06 shall be fined for a first offense five hundred dollars
($500.00) plus an additional one hundred dollars ($100.00) for each minute that the violation exceeds twenty five (25)
minutes, except that the total amount of the fine for a first offense shall not exceed ten thousand dollars ($10,000.00).
Whoever violates division (b) or division (c) of Section 631.06 shall be fined for a second or subsequent offense one
thousand dollars ($1,000.00) pIus an additional two hundred dollars ($200.00) for each minute that the violation
exceeds twenty five (25) minutes, except that the total amount of the fine for a second or subsequent offense shall not
exceed twenty thousand dollars ($20,000.00). In addition to the fines specified above, whoever violates division (b) or
division (c) of Section 631.06 as a third or subsequent offense shall be sentenced to not less than ten (10) days nor more
than thirty (30) days imprisonment, or both.
(e) Whoever violates Section 631.09 shall be fined not less than seven hundred and fifty dollars ($750.00) nor more than
one thousand dollars ($1,000.00).
(f) Any railroad company or any officer or employee of a railroad company violating any of the provisions of Sections
631.01 to 631.12, for which no specific penalty is provided, shall be fined not less than two hundred and fifty dollars
($250.00) nor more than five hundred dollars ($500.00).
(g) Any person, firm or corporation violating any of the provisions of Section 631.22 to 631.25 shall be guilty of a
misdemeanor, and fined not more than seven hundred and fifty dollars ($750.00) for a first offense, and not more than
one thousand dollars ($1,000.00) for each subsequent offense.
(h) Whoever violates or fails to comply with Section 63L26 shall he fined not more than two hundred and fifty dollars
($250.00) for each offense, and one hundred dollars ($100.00) for each day the offense is continued.
(i) If any person is found guilty of a first offense for violation of Section 631.01 upon a finding that he operated a train
within the City limits faster than 35 mph, such person shall be guilty of a misdemeanor of the fourth degree. On each
subsequent offense within one year after the first offense, such person shall be guilty of a misdemeanor of the third degree.
(j) Whoever violates Section 631.27 shall be fined ten thousand dollars ($10,000) for a first offense and shall be fined
twenty thousand dollars ($20,000) for a second or subsequent offense.
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)
Title I — General Offenses
Chapter 633 — Obstruction Marking and Lighting
Complete to June 30, 2010
633.01
Definitions
As used in this Chapter:
(a) "Crane" shall mean a construction crane, derrick, rig or other construction equipment with parts that extend or may be
elevated to a height of fifty (50) or greater.
(b) "Lighting" means use of lighting systems that meet specified intensities, beam patterns, color, and flash rates as
specified in the Federal Aviation Administration Advisory Circular currently applicable.
(c) "Marking" means painting or coloring of an obstruction, as specified in the Federal Aviation Administration Advisory
Circular currently applicable.
(d) "Obstruction" shall mean a tower, antenna, or any temporary or permanent object, including all appurtenances and
roof structures, that reaches an overall height of between one hundred and fifty (150) and two hundred (200) feet above
ground level or that exceeds any obstruction standard for objects over two hundred (200) feet contained in 14 C.F.R. pt.
77, subpt. C.
(e) "Operator" means contractor or construction company directly in control of the crane or construction equipment.
(Ord. No. 2110-2000. Passed 2-12-01, eff. 2-20-01)
633.02
Installation Required; Notification Required; Federal Regulation
(a) No person shall own or construct a new or existing obstruction that exceeds an overall height of between one hundred
and fifty (150) and two hundred (200) feet without aviation safety marking and obstruction lighting. Such aviation safety
marking and obstruction lighting shall be consistent with the current applicable requirements for structures greater than
two hundred (200) feet above ground level as prescribed by the Federal Aviation Administration Advisory Circular
currently applicable.
(b) No owner or operator of a crane shall leave a crane extended into the air overnight to a height of fifty (50) feet or
greater, unless the crane contains aviation safety marking and obstruction lighting. Such aviation safety marking and
obstruction lighting shall be consistent with the current applicable requirements for structures greater than two hundred
(200) feet above ground level as prescribed in the Federal Aviation Administration Advisory Circular currently applicable.
(c) This chapter does not apply to towers, antennas, roof structures, or other obstructions that exceed two hundred (200)
feet which are otherwise regulated by 14 C.F.R. pt. 77.
(d) Any person applying to the City to own or construct a new or existing obstruction shall provide written notice to the
Director of Public Safety.
(Ord. No. 2110-2000. Passed 2-12-01, eff. 2-20-01)
633.03
Governmental Agency Cooperation
The Mayor shall annually request such governmental and educational agencies having obstructions as defined in this
Chapter within the City of Cleveland to cooperate and comply with this Chapter.
(Ord. No. 1310-96. Passed 12-2-96, eff. 12-10-96)
633.04
Enforcement
The Commissioner of Building and Housing of the City shall have concurrent jurisdiction with the Chief of Police to
inspect the installation of any aviation safety marking and obstruction lighting required pursuant to Section 633.02. If,
upon inspection, a violation of Section 633.02 is found, the inspector shall issue a written notice of such violation to the
owner requiring the owner to conform to Section 633.02 within twenty-one (21) calendar days of issuance of such notice.
(Ord. No. 1310-96. Passed 12-2-96, eff. 12-10-96)
633.99
Penalty
Anyone who violates any provisions of Sections 633.02 or 633.03 shall be guilty of a minor misdemeanor. For a second
offense such person is guilty of a misdemeanor of the fourth degree. On a third or subsequent offense, such person is
guilty of a misdemeanor of the first degree. Each day of a continuing violation shall be deemed a separate offense.
(Ord. No. 1310-96. Passed 12-2-96, eff. 12-10-96)